§ 3-5A-02. Removal

   (a) Reasons. -- The State Board may remove a member of the county board for any of the following reasons:

   (1) Immorality;

   (2) Misconduct in office;

   (3) Incompetency;

   (4) Willful neglect of duty; or

   (5) Failure to attend, without good cause:

      (i) At least 75% of the scheduled meetings of the board in any 1 calendar year; or

      (ii) Three consecutive scheduled meetings of the board.

(b) Notice of charges. -- Before removing a 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.

(c) Hearing. -- If the member requests a hearing within the 10-day period:

   (1) The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

   (2) The member shall have an opportunity to be heard publicly before the State Board in the member's own defense, in person, or by counsel.

(d) Right to appeal. -- A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Dorchester County.

HISTORY: 2003, ch. 168, § 4.