There is a Washington Suburban Sanitary Commission. The Commission has jurisdiction over the sanitary district.

The Commission consists of: three commissioners from Prince George’s County, appointed by the County Executive subject to the confirmation of the County Council; and three commissioners from Montgomery County, of whom: two are appointed by the County Executive subject to the confirmation of the County Council; and one is the Director of the Montgomery County Department of Environmental Protection, or the Director’s designee. Each commissioner from Prince George’s County shall be a resident of the sanitary district. Except for the commissioner who also serves as the Director of the Montgomery County Department of Environmental Protection, or is the Director’s designee, each commissioner from Montgomery County shall be a registered voter of Montgomery County. Each commissioner from Prince George’s County shall be a registered voter of Prince George’s County. Except as provided in subsection (a)(2)(ii) of this section, an individual may not be appointed or continue in office as a commissioner if the individual holds any other position of profit or trust under the Constitution or laws of the State or any political subdivision of the State. Not more than two commissioners from Montgomery County may be of the same political party. This subsection does not apply to the commissioner who also serves as the Director of the Montgomery County Department of Environmental Protection, or the Director’s designee. The term of a commissioner is 4 years and begins on June 1 of the year of appointment. The terms of commissioners are staggered as required by the terms provided for commissioners on July 1, 1982. At the end of a term, a commissioner continues to serve until a successor is appointed and takes the oath of office. A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and takes the oath of office. A vacancy on the Commission does not impair the right of the remaining commissioners to exercise all the powers of the Commission. A member of the Commission who also serves as the Director of the Montgomery County Department of Environmental Protection, or is the Director’s designee: serves as a voting member of the Commission; and may serve as the chair or vice chair of the Commission.

The County Executive shall make an appointment from a list of applicants. The list shall be: completed at least 3 weeks before the date the appointment is made; and open to the public for inspection from the time the list is prepared until the appointment is made. If an individual is not appointed from the names on the list, the County Executive shall prepare additional lists and follow the procedure under paragraph (2) of this subsection. The 3–week period before the date the appointment is made begins with the closing of each list. Subject to paragraph (2) of this subsection, the County Executive or a designee of the County Executive may interview in private each applicant for appointment or reappointment to the Commission regarding possible or potential conflicts of interest. Before appointment, the County Executive or a designee of the County Executive shall interview in private an applicant who is selected for appointment to the Commission regarding possible or potential conflicts of interest. Before appointment, the County Executive of Prince George’s County or a designee of the County Executive shall inform the Prince George’s County Council of possible or potential conflicts of interest of an applicant who is selected for appointment to the Commission. A written transcript of an interview under subsection (b) of this section: shall be made; may be reviewed by the applicant, unless the right to review is waived by the applicant; may be altered for the applicant by the transcribing officer, if the transcript is accompanied by a statement of the reason given by the applicant for the alteration; and shall be signed by the applicant. The transcribing officer shall certify on the transcript that: the applicant was sworn by the officer; and the transcript is a true record of the testimony given by the applicant. The County Executive of Montgomery County or a designee of the County Executive shall: publicly disclose the complete transcribed testimony of an appointee to the Commission 3 weeks after the appointment; and destroy immediately the complete transcript of any other applicant without disclosure of any information contained in the transcript. In Montgomery County, if the County Executive or a designee of the County Executive conducts an interview under subsection (b) of this section, the applicant shall be interviewed: in a question and answer fashion; under oath; and about all sources of income, property holdings, business interests, and financial interests of the applicant and the applicant’s spouse, father, mother, brother, sister, and child. The County Executive of Montgomery County or a designee of the County Executive may require the applicant to produce documents.

A commissioner may be removed before the completion of the commissioner’s term: in Montgomery County: by the County Executive with the approval of a majority of the members of the County Council; or unless the County Executive disapproves the resolution in writing within 30 days after its adoption, by resolution of a majority of the members of the County Council; and in Prince George’s County, by the County Executive with the approval of a majority of the members of the County Council. Unless a hearing is waived in writing by the commissioner designated for removal, before any removal under this section, a public hearing shall be held: in Montgomery County, by the body initiating the removal proceeding; or in Prince George’s County, by the County Council. The commissioner shall be given an opportunity at the hearing to present a defense.

From among its members, the Commission shall elect a chair and a vice chair. The election of the chair and vice chair shall be at the first meeting of the Commission in June of each year, or as soon after the meeting as possible. Of the chair and vice chair: one shall be from Montgomery County and the other shall be from Prince George’s County; and each office shall alternate annually between Montgomery County and Prince George’s County. By unanimous vote, the Commission may waive the provisions of paragraph (2)(ii) of this subsection for 1 year. The Commission may not waive the provisions of paragraph (2)(ii) of this subsection for 2 successive years. Each officer shall serve for 1 year or until a successor is elected. Each officer shall perform the duties designated by the Commission. If a vacancy exists in the position of chair or vice chair, the Commission promptly shall elect a new chair or vice chair for the remaining portion of the 1–year term of office. Except as provided in subparagraph (ii) of this paragraph, if the vacancy in the position of chair or vice chair results from resignation or removal from the Commission, the election to fill the unexpired portion of the officer’s term shall be held only after the Commission vacancy has been filled. The Commission may elect an acting chair or vice chair to serve until the vacancy has been filled.

The Commission shall determine the times and places of its meetings. The Commission shall keep minutes in the usual corporate form. The votes of the commissioners shall be: taken and recorded for any action that: authorizes, modifies, or rescinds a water or sanitary sewer extension; or adopts or amends a water or sewer program of extensions; taken separately; and recorded as yeas, nays, or abstentions. The Commission shall record in the minutes: the name of a commissioner who votes or abstains; the reason for an abstention; a brief summary of the matters on which a vote is taken; and any disclosure made under § 19–103 of this article. The minutes shall be open to public inspection at the principal office of the Commission during business hours. The Commission shall: except as provided in paragraph (4) of this subsection, stream live video or live teleconference audio or other audio of the open meetings of the Commission; and maintain on its website a complete and unedited archived recording of each open meeting that is livestreamed in accordance with this subsection. The inability of the Commission to comply with paragraph (1) of this subsection due to technical failure that entirely prevents or otherwise affects the quality of the live video or audio streaming of a meeting of the Commission does not affect the validity of any action taken by the Commission during the meeting if: the Commission otherwise complies with this section and the Open Meetings Act; and the inability to comply is not due to willful action by the Commission. In addition to complying with the minutes requirements of the Open Meetings Act under § 3–306 of the General Provisions Article, if the Commission is unable to comply with the requirements of paragraph (1)(i) of this subsection, the Commission shall make good faith efforts to record an open session by video or audio and maintain on its website a complete and unedited archived recording of the meeting. A project site visit or an educational field tour does not constitute an open meeting under paragraph (1)(i) of this subsection if no organizational business is conducted.

Except as provided in subsection (d) of this section, the members of the Commission are entitled to the following annual salaries: chair $13,500; vice chair $13,000; and commissioners $13,000. The salary shall be paid every 2 weeks. While in office, commissioners may participate in any Commission program of group health, life, and disability insurance to the same extent and under the same terms as Commission staff. The Commission may employ a staff in accordance with the Commission’s budget. A member of the Commission who also serves as the Director of the Montgomery County Department of Environmental Protection may not receive compensation for duties performed as a member of the Commission.