<?xml version='1.0' encoding='utf-8'?>
<section article="ged" article_name="Education" number="3-108" title_number="3" title_name="Establishment of County Boards of Education" subtitle_number="1" subtitle_name="General Provisions">
  <level label="a">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, the Governor shall appoint the members of each county board from the residents of that county.</text>
    </level>
    <level label="2">
      <text>The members of the following county boards of education shall be selected as follows:</text>
      <level label="i">
        <text>The Baltimore City Board of School Commissioners in accordance with § 3–108.1 of this subtitle;</text>
      </level>
      <level label="ii">
        <text>The Harford County Board of Education in accordance with § 3–6A–01 of this title;</text>
      </level>
      <level label="iii">
        <text>The Caroline County Board of Education in accordance with § 3–3A–02 of this title; and</text>
      </level>
      <level label="iv">
        <text>The county boards of education in the counties listed in § 3–114 of this subtitle in accordance with the provisions of that section.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Each member shall be appointed solely because of character and fitness and without regard to political affiliation.</text>
    </level>
    <level label="2">
      <text>An individual who is subject to the authority of the county board may not be appointed to or serve on the county board.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Each member serves for a term of 5 years beginning July 1 after the member’s appointment and until a successor is appointed and qualifies.</text>
    </level>
    <level label="2">
      <text>The Governor shall appoint a new member to fill any vacancy on an appointed board for the remainder of that term and until a successor is appointed and qualifies.</text>
    </level>
    <level label="3">
      <text>Unless otherwise disqualified under this section, a member of a board is eligible for reappointment. However, an individual may not serve for more than 2 consecutive terms.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>With the approval of the Governor, the State Superintendent may remove any member of a county board appointed under this section for:</text>
      <level label="i">
        <text>Immorality;</text>
      </level>
      <level label="ii">
        <text>Misconduct in office;</text>
      </level>
      <level label="iii">
        <text>Incompetency;</text>
      </level>
      <level label="iv">
        <text>Willful neglect of duty; or</text>
      </level>
      <level label="v">
        <text>Failure to attend, without good cause, at least half of the scheduled meetings of the board in any 1 calendar year.</text>
      </level>
    </level>
    <level label="2">
      <text>Before removing a member, the State Superintendent shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.</text>
    </level>
    <level label="3">
      <text>If the member requests a hearing within the 10–day period:</text>
      <level label="i">
        <text>The State Superintendent promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Superintendent sends the member a notice of the hearing; and</text>
      </level>
      <level label="ii">
        <text>The member shall have an opportunity to be heard publicly before the State Superintendent in his own defense, in person or by counsel.</text>
      </level>
    </level>
    <level label="4">
      <text>If a member who is removed so requests, the State Superintendent shall file with the clerk of the circuit court for the county from which the member was appointed:</text>
      <level label="i">
        <text>A complete statement of all charges made against the member;</text>
      </level>
      <level label="ii">
        <text>The findings of the State Superintendent; and</text>
      </level>
      <level label="iii">
        <text>A complete record of the proceedings.</text>
      </level>
    </level>
  </level>
</section>
