Section 3-401 - Membership.

§ 3-401. Membership.
 

(a)  Composition.- The Carroll County Board consists of: 

(1) Five voting members; and 

(2) The County Commissioners, who are nonvoting ex officio members. 

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

(c)  Election of members.-  

(1) Members of the Carroll County Board shall be elected as follows: 

(i) Two members of the board shall be elected in the November general election of 1994 and every 4 years thereafter; 

(ii) Two members of the county board shall be elected in the November general election of 1996 and every 4 years thereafter; and 

(iii) One member of the county board shall be elected in the November general election of 1998 and every 4 years thereafter. 

(2) Members of the county board shall be elected: 

(i) At a general election as required by this section; and 

(ii) On a general countywide ticket. 

(d)  Term; vacancies.-  

(1) Each member serves for a term of 4 years beginning the first Monday in December immediately following the member's election and until a successor is elected and qualifies. The terms of the members are staggered as required for the elections to the county board in subsection (c)(1) of this section. 

(2) The Governor shall appoint a new member to fill any vacancy on the board for the remainder of that term and until a successor is elected and qualifies. 

(3) A member of the county board as of October 1, 1993, and any member appointed to fill a vacancy in an unexpired term of such member, shall hold office during his term and until a successor is elected and qualifies. 

(e)  Removal.-  

(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 Carroll County. 
 

[An. Code 1957, art. 77, § 35B; 1978, ch. 22, § 2; 1982, ch. 338; 1993, ch. 167; 1996, ch. 10, § 16; 2002, ch. 425; 2009, ch. 404.]