Section 3-5 - B-01. Membership.
§ 3-5B-01. Membership.
(a) Composition.- The Frederick County Board consists of eight members as follows:
(1) Seven members elected from the county at large; and
(2) One nonvoting student member.
(b) Qualifications.-
(1) A candidate elected to the county board shall be a resident and registered voter of Frederick County.
(2) Any member who no longer resides in the county may not continue as a member of the board.
(c) Terms; elections.-
(1) A voting member serves for a term of 4 years beginning the first Tuesday in December after the member's election and until a successor is elected and qualifies.
(2) Voting members of the Frederick County Board shall be elected as follows:
(i) Three members of the county board shall be elected in the November general election of 2000 and every 4 years thereafter; and
(ii) Four members of the county board shall be elected in the November general election of 2002 and every 4 years thereafter.
(d) Vacancies.-
(1) The terms of voting members are staggered as provided in subsection (c) of this section.
(2) The County Commissioners shall appoint a qualified individual to fill a vacancy on the county board for the remainder of the term and until a successor is elected and qualifies.
(e) Student member.-
(1) The student member shall:
(i) Be an eleventh or twelfth grade student in the Frederick County public school system elected by the high school students of the county in accordance with procedures established by the school system;
(ii) Serve for 1 year beginning on July 1 after the election of the member;
(iii) Be a nonvoting member; and
(iv) Advise the county board on the thoughts and feelings of students.
(2) Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session.
(f) Removal.-
(1) The state board may remove a voting member of the county board for:
(i) Immorality;
(ii) Misconduct in office;
(iii) Incompetency; or
(iv) Willful neglect of duty.
(2) Before removing a voting member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.
(3) If the voting 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 voting member a notice of the hearing; and
(ii) The voting member shall have an opportunity to be heard publicly before the State Board in the member's own defense, in person or by counsel.
(4) A voting member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Frederick County.
[1998, ch. 245; 2001, ch. 29, § 6; ch. 88; 2003, ch. 168, § 3; 2006, ch. 212; 2007, ch. 380.]