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<section article="ghs" article_name="Housing and Community Development" number="12-304" title_number="12" title_name="Provisions of Statewide Applicability" subtitle_number="3" subtitle_name="Commissioners">
  <level label="a">
    <level label="1">
      <text>This subsection applies to authorities for which the Secretary of State approves articles of organization on or after July 1, 1990.</text>
    </level>
    <level label="2">
      <text>All initial appointments of commissioners of an authority after the Secretary of State approves the articles of organization shall have the same effective date.</text>
    </level>
    <level label="3">
      <text>The effective date shall be set forth along with the term of appointment on each initial certificate of appointment required by § 12-302(b) of this subtitle.</text>
    </level>
    <level label="4">
      <text>For authorities whose articles of organization say that commissioners of the authority have 5-year terms, those who are initially appointed shall have staggered terms of:</text>
      <level label="i">
        <text>1, 2, 3, 4, and 5 years for five-member authorities;</text>
      </level>
      <level label="ii">
        <text>1, 2, 3, 3, 4, 5, and 5 years for seven-member authorities; and</text>
      </level>
      <level label="iii">
        <text>1, 2, 2, 3, 3, 4, 4, 5, and 5 years for nine-member authorities.</text>
      </level>
    </level>
    <level label="5">
      <text>For authorities whose articles of organization say that commissioners of the authority have 3-year terms, those who are initially appointed shall have staggered terms of:</text>
      <level label="i">
        <text>1, 2, 2, 3, and 3 years for five-member authorities;</text>
      </level>
      <level label="ii">
        <text>1, 1, 2, 2, 3, 3, and 3 years for seven-member authorities; and</text>
      </level>
      <level label="iii">
        <text>1, 1, 1, 2, 2, 2, 3, 3, and 3 years for nine-member authorities.</text>
      </level>
    </level>
    <level label="6">
      <text>Notwithstanding § 12-311 of this subtitle, a commissioner of an authority who is an employee of the political subdivision serves at the pleasure of the chief elected official.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The term of a commissioner of an authority who was in office before the adoption of articles of organization ends on the effective date of the initial appointments under the articles of organization.</text>
    </level>
    <level label="2">
      <text>Except as provided in paragraphs (3) and (4) of this subsection, before the effective date of the initial appointments under the articles of organization, the chief elected official shall appoint each commissioner of an authority who was in office before the adoption of the articles of organization to a term as a commissioner of the authority under the articles of organization.</text>
    </level>
    <level label="3">
      <text>A commissioner of an authority who has delivered to the chief elected official written notice declining appointment may not be appointed under this subsection.</text>
    </level>
    <level label="4">
      <text>If the number of commissioners of an authority is reduced by the articles of organization so that there are not enough places for all those who did not decline appointment, the chief elected official shall choose which ones to appoint, and when they are appointed and qualify they are the successors of all those who were in office before the adoption of the articles of organization.</text>
    </level>
    <level label="5">
      <text>Notwithstanding § 12-205(b)(1)(iii) of this title, any other provision of this Division II, and the articles of organization, an appointment under this subsection does not require approval of the legislative body.</text>
    </level>
  </level>
  <level label="c">
    <text>If an authority is not governed by articles of organization:</text>
    <level label="1">
      <text>commissioners of the authority who are initially appointed shall have terms of 1, 2, 3, 4, and 5 years; and</text>
    </level>
    <level label="2">
      <text>each term thereafter shall be 5 years.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>At the end of a term, a commissioner of an authority serves until a successor is appointed and qualifies.</text>
    </level>
    <level label="2">
      <text>A commissioner of an authority who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text>
    </level>
  </level>
</section>
