§ 12-311. Removal

   (a) In general. -- A commissioner of an authority may be removed by the chief elected official in accordance with this section for neglect of duty or misconduct in office, including violations of local ethics laws and misconduct identified in § 12-310 of this subtitle.

(b) Procedures. --

   (1) The chief elected official shall file charges with the office of the custodian of records and promptly deliver a copy of the charges to the commissioner and to the secretary of the authority.

   (2) Written notice of the date, time, and place of a hearing shall be given to the commissioner at least 14 days before the hearing.

   (3) Unless the commissioner has resigned from office, the chief elected official shall hold the hearing, at which the commissioner shall have an opportunity to be represented by counsel and to be heard in person.

   (4) On completion of the hearing, the chief elected official shall make written findings.

(c) Filing of records, charges, and findings. -- If a commissioner of an authority is removed, a record of the proceedings and the charges and findings shall be filed in the office of the custodian of records.

(d) Suspension and reinstatement. --

   (1) On the filing of charges under subsection (b)(1) of this section with the office of the custodian of records, the chief elected official may temporarily suspend a commissioner of an authority.

   (2) The chief elected official shall immediately reinstate the commissioner in office if the chief elected official finds the charges have not been substantiated.

   (3) The commissioner shall be reinstated automatically, unless a hearing on removal has been held and a decision made by the chief elected official within 45 days after the filing of charges.

   (4) The chief elected official may not temporarily appoint a person to perform the duties of a suspended member.

HISTORY: An. Code 1957, art. 44A, § 1-211(d), (e); 2006, ch. 63, § 2.