§ 3-5A-02. Removal  


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  •    (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.