Section 3-901 - Membership.
§ 3-901. Membership.
(a) Definitions.-
(1) In this subtitle the following words have the meanings indicated.
(2) "Elected member" means 1 of the 7 elected and voting members of the Montgomery County Board or a member appointed to fill a vacancy of 1 of these 7 members.
(3) "Board of Education District" means a geographic area of Montgomery County in which an elected member of the Montgomery County Board of Education must be a legal resident. The geographic area of each district is described in subsection (f) of this section. Each district shall be substantially equal in population, and the districts shall be reapportioned on the basis of each decennial census of the United States. Reapportioned districts shall become effective for the term of office commencing after the first regular primary election held at least 15 months after the official report on population is received by the State from the Bureau of the Census.
(b) Composition.- The Montgomery County Board consists of:
(1) 5 elected members, each of whom resides in a different board of education district;
(2) 2 elected members who may reside anywhere in the county; and
(3) 1 student member.
(c) Qualifications of elected members.- An elected member of the county board shall be a registered voter of Montgomery County.
(d) Election of members.- Members of the Montgomery County Board shall be elected at the general election every 2 years as required by subsection (f) of this section.
(e) Qualifications and election of student member; student member special provisions.-
(1) The student member shall be a bona fide resident of Montgomery County and a regularly enrolled junior or senior year student from a Montgomery County public high school.
(2) The nomination and election process shall be as agreed on by the county board and the Montgomery County region of the Maryland Association of Student Councils. This agreement shall include a process by which to replace one or both of the final candidates if they are unable to proceed in the election. Any student enrolled in a middle or high school in the Montgomery County public schools may:
(i) Nominate a student member candidate;
(ii) Vote for delegates from the student's school, who in turn vote in a nominating convention to reduce to 2 the number of candidates for student board member if there are 3 or more candidates; and
(iii) Vote directly for 1 of the 2 remaining student board member candidates.
(3) The candidate receiving the second highest number of votes in the direct election shall become the alternate student member. The alternate shall serve if the student member is unable to complete his elected term.
(4) Except as provided in paragraphs (5), (6), and (7) of this subsection, the student member has the same rights and privileges of an elected member.
(5) Unless invited to attend by the affirmative vote of a majority of the county board, the student member may not attend an executive session that relates to:
(i) Hearings held under § 6-202 (a) of this article; or
(ii) Collective bargaining.
(6) As provided in paragraph (7) of this subsection, the student member shall vote on all matters except those relating to:
(i) § 6-202 (a) of this article;
(ii) Collective bargaining;
(iii) Capital and operating budgets; and
(iv) School closings, reopenings, and boundaries.
(7) On a majority vote of the elected members, the board may determine, on a case by case basis, whether a matter under consideration is covered by the exclusionary provisions listed in paragraph (6) of this subsection.
(f) Term; vacancies; residency requirements.-
(1) Each elected member serves for a term of 4 years beginning on December 1 after the member's election and until a successor is elected and qualifies. The terms of elected members are staggered as required by the terms of the members serving on the county board as of July 1, 1978 so that 4 members are elected in gubernatorial election years and 3 members are elected in presidential election years.
(2) Elected members of the county board shall be elected by the voters of the entire county.
(3) (i) Of the 3 members elected in 1992 and every 4 years thereafter, 1 shall reside in Board of Education District 2 and 1 shall reside in Board of Education District 4. The third member may reside in any part of the county.
(ii) Of the 4 members elected in 1990 and every 4 years thereafter, 1 shall reside in Board of Education District 1, 1 shall reside in Board of Education District 3, and 1 shall reside in Board of Education District 5. The fourth member may reside in any part of the county.
(iii) The descriptions of board of education districts in this subsection refer to the geographical boundaries of the election districts and the precincts:
1. As reviewed and certified by the Montgomery County Board of Elections or its designees, before the precinct boundaries were reported to the U.S. Bureau of the Census as part of the 2000 Census Redistricting Data Program; and
2. As those precinct lines are specifically shown on the P.L. 94-171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Department of Planning.
(iv) Board of Education District 1 consists of:
1. Election district 1, precincts 2 and 3;
2. Election district 2, precincts 1, 3, and 5;
3. Election district 3;
4. Election district 9, precincts 1, 3, 5, 7, 8, 9, 11, 12, 13, 15 through 19, 22, 23, 24, 25, 27, 28, 29, and 30;
5. Election district 11;
6. Election district 12;
7. That part of election district 1, precinct 1 that is generally the northern part of precinct 1 which extends from the precinct boundary north along the center of Laytonsville Olney Road, then south along the center of Field Crest Road to a line going south just west of Stream Valley Way to Rock Creek, then south along Rock Creek to its intersection with Field Crest Road, then west along the center of Field Crest Road to the precinct boundary;
8. That part of election district 1, precinct 4 that is generally the northern part of precinct 4 which extends from the precinct boundary, then goes west on a line just north of Hadley Farms Road and includes all streets off of Hadley Farms Drive to Chain Branch Tributary (a creek), then south along Chain Branch Tributary to the precinct boundary;
9. That part of election district 2, precinct 2 that is generally the northern part of precinct 2 which extends from the precinct boundary north along a line just east of Clarksburg Road to the shore of Lake Seneca and the precinct boundary;
10. That part of election district 6, precinct 3 that is generally the northern and southern parts of precinct 3 which extends from the precinct boundary west along the center of Great Seneca Highway to the precinct boundary, then along the precinct boundary to its intersection with Great Seneca Creek, then east-southeast along the Great Seneca Creek to the precinct boundary;
11. That part of election district 9, precinct 2 that is generally the northern part of precinct 2 which extends from the precinct boundary north along the center of Shady Grove Road to its intersection with the City of Rockville boundary, then north on the City of Rockville boundary to the precinct boundary;
12. That part of election district 9, precinct 6 that is generally the northern part of precinct 6 which extends from the precinct boundary south along the center of the Interstate 270 exit for Fields Road to the center of Fields Road, then east along the center of Fields Road to a point just west of Winners Road, then north staying just west of Winners Road to Washington Boulevard, then along the center of Washington Boulevard to its intersection with Rio Boulevard, then south along the center of Rio Boulevard to its intersection with Fields Road, then west along the center of Fields Road to the intersection at Sam Eig Highway, then continues west to the center of Crown Farm Road, then proceeds west along the center of Crown Farm Road to the intersection of Watch Hill Lane, then along a line just northwest of Crown Farm Road moves north and west to Story Drive and the intersection of County Court, then south along the center of Story Drive to the intersection with Diamondback Drive, then east along the center of Diamondback Drive to the intersection of Sam Eig Highway, then south along the center of Sam Eig Highway to the City of Gaithersburg boundary, then south and west along the City of Gaithersburg boundary to the precinct boundary;
13. That part of election district 9, precinct 10 that is generally the western part of precinct 10 which extends from the precinct boundary northwest along the center of B&O Railroad to Washington Grove town limits, then northeast along Washington Grove boundary to its intersection with Ridge Road, then east-northeast along the center of Ridge Road to Amity Drive, then west-northwest along the center of Amity Drive to the precinct boundary;
14. That part of election district 9, precinct 20 that is generally the western part of precinct 20 which extends from the precinct boundary east-northeast along the City of Gaithersburg boundary to its intersection with Woodwards Store Road, then northwest along the center of Woodwards Store Road to the precinct boundary; and
15. That part of election district 9, precinct 21 that is generally the western part of precinct 21 which extends from the precinct boundary north along the City of Gaithersburg boundary, then west-northwest along the center of Emory Grove Road to the precinct boundary.
(v) Board of Education District 2 consists of:
1. Election district 2, precinct 4;
2. Election district 4, precincts 1, 2, 3, 5, 6, 7, 9, 11, 12, 14, 16, 20, 21, 23, 25, 29, 30, and 32;
3. Election district 6, precincts 1, 2, 4, 5, 6, and 7;
4. Election district 9, precinct 26;
5. Election district 10, precincts 1 through 6, 8, 9, 12, and 13;
6. Election district 13, precincts 35, 37, 43, 45, 51, 52, and 60;
7. That part of election district 2, precinct 2 that is generally the southern part of precinct 2 which extends from the precinct boundary north along a line just east of Clarksburg Road to the shore of Lake Seneca and the precinct boundary;
8. That part of election district 4, precinct 15 that is generally the western part of precinct 15 which extends from the precinct boundary and the City of Rockville boundary west to the intersection with the B&O Railroad, then north-northwest along the B&O Railroad to the precinct boundary;
9. That part of election district 4, precinct 19 that is generally the western part of precinct 19 which extends from the precinct boundary south along the center of Beach Drive, then south along Park Boundary, then south along the center of Avery Road to the precinct boundary;
10. That part of election district 4, precinct 27 that is generally the western part of precinct 27 which extends from the precinct boundary east-northeast along the City of Rockville boundary to its intersection with Twinbrook Parkway, then north-northeast along the center of Twinbrook Parkway to the precinct boundary;
11. That part of election district 6, precinct 3 that is generally the center part of precinct 3 which extends from the precinct boundary west along the center of Great Seneca Highway to the precinct boundary, then south along the precinct boundary to its intersection with Great Seneca Creek, then east-southeast along the Great Seneca Creek to the precinct boundary;
12. That part of election district 9, precinct 2 that is generally the southern part of precinct 2 which extends from the precinct boundary north along the center of Shady Grove Road to its intersection with the City of Rockville boundary, then north on the City of Rockville boundary to the precinct boundary; and
13. That part of election district 9, precinct 6 that is generally the southern part of precinct 6 which extends from the precinct boundary south along the center of the Interstate 270 exit for Fields Road to the center of Fields Road, then east along the center of Fields Road to a point just west of Winners Road, then north staying just west of Winners Road to Washington Boulevard, then along the center of Washington Boulevard to its intersection with Rio Boulevard, then south along the center of Rio Boulevard to its intersection with Fields Road, then west along the center of Fields Road to the intersection at Sam Eig Highway, then continues west to the center of Crown Farm Road, then proceeds west along the center of Crown Farm Road to the intersection of Watch Hill Lane, then along a line just northwest of Crown Farm Road moves north and west to Story Drive and the intersection of County Court, then south along the center of Story Drive to the intersection with Diamondback Drive, then east along the center of Diamondback Drive to the intersection of Sam Eig Highway, then south along the center of Sam Eig Highway to the City of Gaithersburg boundary, then south and west along the City of Gaithersburg boundary to the precinct boundary.
(vi) Board of Education District 3 consists of:
1. Election district 4, precincts 4, 8, 10, 13, 18, 24, 26, 28, and 31;
2. Election district 7;
3. Election district 10, precincts 7, 10, and 11;
4. Election district 13, precincts 3, 7, 16, 26, 27, 34, 38, 39, 40, and 62;
5. That part of election district 4, precinct 15 that is generally the eastern part of precinct 15 which extends from the precinct boundary and the City of Rockville boundary north-northwest to the intersection with B&O Railroad then east along the B&O Railroad to the precinct boundary;
6. That part of election district 4, precinct 27 that is generally the eastern part of precinct 27 which extends from the precinct boundary east-northeast along the City of Rockville boundary to its intersection with Twinbrook Parkway, then north-northeast along the center of Twinbrook Parkway to the precinct boundary; and
7. That part of election district 13, precinct 10 that is generally the western part of precinct 10 which extends from the precinct boundary and the county boundary and goes north-northwest along the center of 16th Street to the precinct boundary.
(vii) Board of Education District 4 consists of:
1. Election district 13, precincts 1, 2, 4, 5, 6, 8, 9, 11 through 15, 17 through 25, 28 through 33, 36, 41, 42, 44, 47, 48, 50, 53, 55, 56, 57, 58, 59, and 63 through 68;
2. That part of election district 5, precinct 9 that is generally the southwestern part of precinct 9 which extends from the precinct boundary north along unnamed creek to the intersection with Locksley Lane, then southeast along the center of Hawkesbury Lane to Wintingham Drive, then southwest along the center of Wintingham Drive to Hawkesbury Lane, then south along the center of Hawkesbury Lane to the precinct boundary;
3. That part of election district 13, precinct 10 that is generally the eastern part of precinct 10 which extends from the precinct boundary and the county boundary and goes north-northwest along the center of 16th Street to the precinct boundary;
4. That part of election district 13, precinct 49 that is generally the southwestern part of precinct 49 which extends from the precinct boundary north-northeast along the center of Baileys Lane to the precinct boundary; and
5. That part of election district 13, precinct 61 that is generally the southwestern part of precinct 61 which extends from the precinct boundary east-southeast along the center of Park Vista Drive to Layhill Road, then south-southwest along the center of Layhill Road to the precinct boundary.
(viii) Board of Education District 5 consists of:
1. Election district 4, precinct 34;
2. Election district 5, precincts 1, 2, 3, 5, 6, 7, 8, and 10 through 21;
3. Election district 8;
4. Election district 9, precincts 4 and 14;
5. Election district 13, precincts 46 and 54;
6. That part of election district 1, precinct 1 that is generally the southern part of precinct 1 which extends from the precinct boundary north along the center of Laytonsville Olney Road, then south along the center of Field Crest Road to a line going south just west of Stream Valley Way to Rock Creek, then south along Rock Creek to its intersection with Field Crest Road, then west along the center of Field Crest Road to the precinct boundary;
7. That part of election district 1, precinct 4 that is generally the southern part of precinct 4 which extends from the precinct boundary, then goes west on a line just south of Hadley Farms Road and includes all streets off of Hadley Farms Drive to Chain Branch Tributary (a creek), then south along Chain Branch Tributary to the precinct boundary;
8. That part of election district 4, precinct 19 that is generally the eastern part of precinct 19 which extends from the precinct boundary south along the center of Beach Drive, then south along Park Boundary, then south along the center of Avery Road to the precinct boundary;
9. That part of election district 5, precinct 9 that is generally the northeastern part of precinct 9 which extends from the precinct boundary north along unnamed creek to the intersection with Locksley Lane, then southeast along the center of Hawkesbury Lane to Wintingham Drive, then southwest along the center of Wintingham Drive to Hawkesbury Lane, then south along the center of Hawkesbury Lane to the precinct boundary;
10. That part of election district 9, precinct 10 that is generally the eastern part of precinct 10 which extends from the precinct boundary northeast along the center of B&O Railroad to Washington Grove town limits, then northeast along Washington Grove limits to its intersection with Ridge Road, then east-northeast along the center of Ridge Road to Amity Drive, then west-northwest along the center of Amity Drive to the precinct boundary;
11. That part of election district 9, precinct 20 that is generally the eastern part of precinct 20 which extends from the precinct boundary east-northeast along the City of Gaithersburg limits to its intersection with Woodwards Store Road, then northwest along the center of Woodwards Store Road to the precinct boundary;
12. That part of election district 9, precinct 21 that is generally the eastern part of precinct 21 which extends from the precinct boundary west-northwest along the City of Gaithersburg boundary then east along the center of Emory Grove Road to the precinct boundary;
13. That part of election district 13, precinct 49 that is generally the northwestern part of precinct 49 which extends from the precinct boundary north-northeast along the center of Baileys Lane to the precinct boundary; and
14. That part of election district 13, precinct 61 that is generally the northeastern part of precinct 61 which extends from the precinct boundary east-southeast along the center of Park Vista Drive to Layhill Road, then south-southwest along the center of Layhill Road to the precinct boundary.
(4) (i) The student member serves for a term of 1 year beginning on July 1 after the election.
(ii) The student member shall be replaced for the remainder of the term by the alternate student member if the student member:
1. Resigns or otherwise is unable to complete the term; or
2. Is removed under the provisions of subsection (g) of this section.
(iii) The elected members of the county board shall select a student to complete the remainder of the term if the student member is replaced as provided in subparagraph (ii) of this paragraph and the alternate member:
1. Resigns or otherwise is unable to complete the term; or
2. Is removed under the provisions of subsection (g) of this section.
(5) The remaining members of the county board shall select a qualified individual to fill any vacancy on the elected board for the remainder of that term and until a successor is elected and qualifies.
(6) (i) Subject to subparagraph (ii) of this paragraph, an elected county board member shall forfeit the office if the member fails to reside in the board of education district from which the member was elected.
(ii) If the failure to continue to reside in the district is caused by an alteration in the board of education district boundaries because of reapportionment, the member may complete the term for which the member was elected.
(iii) In the event of a vacancy caused by a member who is required to reside in a particular board of education district, the person appointed to fill the vacancy shall reside in the same district at the time of appointment and while filling out the unexpired term.
(g) Removal.-
(1) The Montgomery County Council 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 County Council shall provide 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 County Council promptly shall hold a hearing, but a hearing may not be set within 10 days after the County Council sends the member a notice of the hearing; and
(ii) The member shall have an opportunity to be heard publicly before the County Council in the member's 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 Montgomery County.
[An. Code 1957, art. 77, § 36; 1978, ch. 22, § 2; 1982, ch. 338; 1984, chs. 53, 231; 1985, ch. 660; 1987, ch. 501; 1989, ch. 266; 1991, ch. 55, § 1; 1992, ch. 340; 1993, chs. 176, 560; 1996, ch. 10, §§ 1, 16; 1997, chs. 94, 95; 2000, ch. 61, § 1; ch. 209, § 2; 2001, ch. 29, § 6; 2002, ch. 79; 2003, ch. 21, § 7.]