§ 8-1804. Composition, compensation, terms, vacancies, and quorum of Commission

   (a) In general. --

   (1) The Commission consists of 29 voting members who are appointed by the Governor, as follows:

      (i) A full-time chairman, appointed with the advice and consent of the Senate, who shall serve at the pleasure of the Governor;

      (ii) 13 individuals, appointed with the advice and consent of the Senate, each of whom is a resident and an elected or appointed official of a local jurisdiction. At least 1 of these 13 individuals must be an elected or appointed official of a municipality. These individuals shall serve on the Commission only while they hold local office. Each shall be selected from certain counties or from municipalities within the counties as follows, and only after the Governor has consulted with elected county and municipal officials:

         1. 1 from each of Baltimore City and Anne Arundel, Baltimore, and Prince George's counties;

         2. 1 from Harford County or Cecil County;

         3. 1 from Kent County or Queen Anne's County;

         4. 1 from Caroline County;

         5. 1 from Talbot County or Dorchester County;

         6. 1 from Wicomico County or Somerset County;

         7. 2 from Calvert County, Charles County, or St. Mary's County, both of whom may not be from the same county; and

         8. 2 from Worcester County, 1 of whom shall be a resident of the Chesapeake Bay Watershed and the other of whom shall be a resident of the Atlantic Coastal Bays Watershed;

      (iii) 8 individuals, appointed with the advice and consent of the Senate, who shall represent diverse interests, and among whom shall be a resident from each of the 5 counties that are listed and from which an appointment has not been made under paragraph (2) of this subsection and 3 of the 8 members appointed under this item shall be at large members, 1 of whom shall be a private citizen and resident of the Atlantic Coastal Bays Watershed; and

      (iv) The Secretaries of Agriculture, Business and Economic Development, Housing and Community Development, the Environment, Transportation, Natural Resources, and Planning, ex officio, or the designee of the Secretaries.

   (2) Of the 2 Worcester County members from the Atlantic Coastal Bays Watershed, 1 shall be the Mayor of Ocean City.

(b) Compensation. -- A member of the Commission who does not hold another office of profit at the State or local level shall be entitled to compensation as provided in the budget. Members of the Commission shall be entitled to reimbursement for expenses as provided in the budget.

(c) Length of terms; removal of members; filling vacancies. -- Except for the chairman and ex officio State officers or their representatives:

   (1) The term of a member is 4 years;

   (2) The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 1984;

   (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies;

   (4) A member who is appointed after a term is begun serves for the rest of the term and until a successor is appointed and qualifies;

   (5) A member may serve no more than 2 terms; and

   (6) Any member of the Commission appointed by the Governor who shall fail to attend at least 60% of the meetings of the Commission during any period of 12 consecutive months shall be considered to have resigned, and the chairman shall forward the member's name to the Governor, not later than January 15 of the year following the nonattendance with the statement of the nonattendance, and the Governor shall appoint a successor for the remainder of the term. If the member has been unable to attend meetings as required by this subtitle for reasons satisfactory to the Governor, the Governor may waive the resignation if the reasons are made public.

(d) Vacancies other than by expiration of term. -- If a vacancy arises other than by the expiration of a term, the Governor shall appoint within 30 days, with the advice and consent of the Senate, a successor of like qualification to serve the remainder of the term.

(e) Quorum. --

   (1) A quorum of the Commission consists of 1 member more than a majority of the full authorized membership of the Commission.

   (2) A quorum of a panel of the Commission consists of 3 members.

   (3) The Commission or a panel of the Commission may not hold a public hearing unless a quorum is present.

   (4) The Commission or a panel of the Commission may not take any official action unless:

      (i) A quorum is present; and

      (ii) A majority of the members who are present and eligible to vote concur in or vote for the action.

HISTORY: 1984, ch. 794; 1986, ch. 601; 1987, ch. 306, § 3; ch. 311, § 1; 1989, ch. 540, § 1; 1990, ch. 6, § 2; 1992, ch. 315; 1993, ch. 5, § 1; 1995, ch. 120, § 19; 2000, ch. 61, § 7; 2002, ch. 433.