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Statutes Text

Article - Education




§3–801.

    (a)    The Kent County Board consists of five members.

    (b)    A candidate elected to the county board shall be a resident and registered voter of Kent County. Any member who no longer resides in Kent County may not continue as a member of the board.

    (c)    (1)    The incumbent members of the Kent County Board who hold office on July 1, 2010, shall hold office until their successors are elected and qualify.

        (2)    Members of the Kent County Board shall be elected from Kent County at large as follows:

            (i)    Two members of the county board shall be elected in the November general election of 2012 and every 4 years thereafter; and

            (ii)    Three members of the county board shall be elected in the November general election of 2014 and every 4 years thereafter.

    (d)    (1)    Each member serves for a term of 4 years beginning on January 1 after his election and until a successor is elected and qualifies. The terms of members are staggered and elections shall be held as provided in subsection (c) of this section.

        (2)    Any vacancy on the county board shall be filled by a qualified individual appointed by the County Commissioners of Kent County to serve until a successor is elected and qualifies at the general election next following the creation of the vacancy and for which the deadline for the filing of candidates has not expired.

        (3)    An individual may serve for more than 2 consecutive terms.

    (e)    (1)    The State Board may remove a member of the county board for:

            (i)    Immorality;

            (ii)    Misconduct in office;

            (iii)    Incompetency; or

            (iv)    Willful neglect of duty.

        (2)    Before removing a member, the State Board shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

        (3)    If the member requests a hearing within the 10–day period:

            (i)    The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

            (ii)    The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

        (4)    A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Kent County.



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