EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0334*
HOUSE BILL 334
F3 EMERGENCY BILL 2lr0924
By: Delegate Impallaria
Introduced and read first time: January 19, 2022
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Harford County Board of Education – Alterations, Vacancy Procedures, and 2
Funding for Independent Positions 3
FOR the purpose of altering the number of appointed members on the Harford County 4
Board of Education, the appointment procedures, the beginning date and length of a 5
term, and the matters on which the appointed member is authorized to vote; 6
requiring the county board to fill a vacancy of an elected or appointed member on the 7
county board in a certain manner; altering the length of the initial terms of certain 8
elected members on the county board; requiring the Harford County government to 9
make a certain appropriation in the county budget for the county board beginning in 10
a certain fiscal year; increasing the annual stipend to which a nonstudent member 11
of the county board is entitled; and generally relating to the Harford County Board 12
of Education. 13
BY repealing and reenacting, with amendments, 14
Article – Education 15
Section 3–6A–01 and 3–6A–04 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2021 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Education 21
3–6A–01. 22
(a) (1) In this subtitle, “elected member” means a voting member elected under 23
subsection (d) or (e) of this section or a member appointed to an elected position on the 24
Harford County Board of Education under subsection [(f)(1)] (F) of this section. 25 2 HOUSE BILL 334
(2) “Elected member” does not include a: 1
(i) County superintendent of schools serving as an ex officio member 2
of the county board; or 3
(ii) Student member selected under subsection (g) of this section. 4
(b) The county board consists of: 5
(1) Six elected members; 6
(2) [Three] ONE appointed [members] MEMBER; 7
(3) The county superintendent of schools, who is an ex officio nonvoting 8
member; and 9
(4) One student member. 10
(c) (1) (i) A member from a councilmanic district shall be a resident of that 11
district. 12
(ii) A member from a councilmanic district who no longer resides in 13
that district may not continue as a member of the county board. 14
(2) A member of the county board shall be a registered voter of the county 15
for at least 3 years prior to the date of the beginning of the term of office of the member. 16
(d) (1) Of the [nine] SEVEN voting members of the county board elected or 17
appointed under this subsection: 18
(i) One member shall be elected from each of the six councilmanic 19
districts only by the voters of that councilmanic district; and 20
(ii) [Three members] ONE MEMBER shall be appointed by the 21
[Governor] COUNTY EXECUTIVE. 22
(2) The elected members shall be elected at a general election as required 23
by subsection (e) of this section. 24
(3) The appointed [members] MEMBER shall be appointed[, when 25
appropriate,] within [90] 30 days of [the] EACH general election. 26
(e) (1) An elected member serves for a term of 4 years beginning on the first 27
Monday in December after the election of the member and until a successor is elected and 28
qualifies. 29 HOUSE BILL 334 3
(2) [An] THE appointed member serves for a term of [4] 2 years beginning 1
[July] JANUARY 1 after the appointment of the member and until a successor is appointed 2
and qualifies. 3
(3) (i) Unless otherwise disqualified under this section, a member of the 4
county board is eligible for reelection or reappointment. 5
(ii) A voting elected member or an appointed member may not serve 6
for more than two consecutive terms as a voting member. 7
(4) The Harford County Board of Elections may adopt regulations to 8
implement this subsection. 9
(f) (1) [The Harford County Council shall appoint] THE MEMBERS OF THE 10
COUNTY BOARD SHALL S ELECT a qualified individual to fill any vacancy of an elected OR 11
APPOINTED member on the county board for the remainder of the term and until a 12
successor is elected OR APPOINTED and qualifies. 13
[(2) The Governor shall appoint a qualified individual to fill any vacancy of 14
an appointed member of the county board for the remainder of the term and until a 15
successor is appointed and qualifies.] 16
(2) THE COUNTY BOARD SHALL ADVERTIS E THE VACANCY IN AT 17
LEAST ONE MEDIUM ACC ESSIBLE TO THE GENER AL PUBLIC, INCLUDING: 18
(I) A NEWSPAPER OF GENERAL CIRCULATION IN THE R EGION; 19
OR 20
(II) THE HARFORD COUNTY PUBLIC SCHOOLS WEBSITE. 21
(3) AN INTERVIEW OF AN AP PLICANT FOR A VACANC Y ON THE 22
COUNTY BOARD SHALL BE CONDU CTED BY THE BOARD AT A MEETING OPEN TO TH E 23
PUBLIC. 24
(4) (I) THE COUNTY BOARD SHALL PUBLISH A LIST OF THE NAMES 25
OF THE APPLICANTS FOR A VACANCY ON THE BOARD AT LEAST 2 WEEKS BEFORE THE 26
INTERVIEW OF THE FIR ST APPLICANT IS SCHE DULED TO OCCUR . 27
(II) PUBLIC NOTICE OF THE DATE, TIME, AND LOCATION OF 28
EACH INTERVIEW SHALL BE PUBLISHED: 29
1. AT LEAST 2 WEEKS BEFORE THE INT ERVIEW IS 30
SCHEDULED TO OCCUR ; AND 31 4 HOUSE BILL 334
2. IN THE SAME MANNER AS A PUBLIC NOTICE OF A 1
REGULAR MEETING OF T HE BOARD IS PUBLISHE D. 2
(5) THE COUNTY BOARD IS NOT REQUIRE D TO CONDUCT 3
DISCUSSIONS OF THE A PPLICANTS OR MAKE TH E FINAL SELECTION OF AN ELECTED 4
OR APPOINTED MEMBER AT A MEETING OPEN TO THE PUBLIC. 5
(g) (1) The student member of the county board shall be elected by the high 6
school students of the county in accordance with procedures established by the Harford 7
County public school system. 8
(2) The student member shall: 9
(i) Be an eleventh or twelfth grade student, in good standing, and 10
regularly enrolled in the Harford County public school system; 11
(ii) Be a student government association representative at the 12
student’s high school; 13
(iii) Serve for 1 year beginning on July 1 after the election of the 14
member; 15
(iv) Except as otherwise provided in paragraph (3) of this subsection, 16
be a voting member; and 17
(v) Advise the county board on the thoughts and feelings of students 18
in the Harford County public schools. 19
(3) (i) Except as otherwise provided in subparagraph (iii) of this 20
paragraph, the student member of the county board has the same rights and privileges as 21
a member appointed or elected under subsection (d) of this section. 22
(ii) Unless invited to attend by an affirmative vote of a majority of 23
the county board, the student member may not attend an executive session of the county 24
board addressing a matter on which a student member is prohibited from voting on under 25
subparagraph (iii) of this paragraph. 26
(iii) The student member shall vote on and participate in all matters 27
except those relating to: 28
1. Geographical attendance areas under § 4–109 of this 29
article; 30
2. Acquisition and disposition of real property and matters 31
pertaining to school construction under § 4–115 of this article; 32 HOUSE BILL 334 5
3. Employment of architects under § 4–117 of this article; 1
4. Donations under § 4–118 of this article; 2
5. Condemnation under § 4–119 of this article; 3
6. Consolidation of schools and transportation of students 4
under § 4–120 of this article; 5
7. Appointment and salary of a county superintendent under 6
§§ 4–201 and 4–202 of this article; 7
8. Employee discipline and other appeals under § 4–205(c) of 8
this article; 9
9. Budgetary matters under Title 5 of this article; 10
10. Appointment and promotion of staff under § 6–201 of this 11
article; 12
11. Discipline of certificated staff under § 6–202 of this article; 13
12. Collective bargaining for certificated employees under 14
Title 6, Subtitle 4 of this article; 15
13. Collective bargaining for noncertificated employees under 16
Title 6, Subtitle 5 of this article; 17
14. Student suspension and expulsion under § 7–305 of this 18
article; and 19
15. School calendar and curriculum. 20
(H) THE APPOINTED MEMBER MAY VOTE: 21
(1) ONLY ON THOSE MATTERS FOR WHICH THE STUDEN T MEMBER 22
MAY VOTE UNDER SUBSE CTION (G)(3) OF THIS SECTION; OR 23
(2) TO BREAK A TIE IN VOT ES OF THE ELECTED ME MBERS. 24
(I) BEGINNING IN FISCAL Y EAR 2023 AND EACH FISCAL YEAR THEREAFTER , 25
THE HARFORD COUNTY GOVERNMENT SHALL INCL UDE IN THE ANNUAL CO UNTY 26
BUDGET AN APPR OPRIATION TO THE COUNTY BOARD EQUAL TO: 27
6 HOUSE BILL 334
(1) ONE–THIRD OF THE COMPENS ATION TO WHICH AN ATTORNEY AT 1
THE HARFORD COUNTY LEGAL COUNSEL OFFICE IS ENTITLED, TO BE USED FOR AN 2
OUTSIDE COUNSEL POSITION WITH THE COUNTY BOAR D; AND 3
(2) THE AVERAGE COMPENSAT ION TO WHICH A BUDGET ANALYST 4
WITH THE HARFORD COUNTY PUBLIC SCHOOLS IS ENTITLED, TO BE USED FOR AN 5
INDEPENDENT BUDGET A NALYST POSITION WITH THE COUNTY BOAR D. 6
3–6A–04. 7
(a) [Each] BEGINNING IN 2023 AND EACH YEAR THEREA FTER, EACH 8
nonstudent member of the Harford County Board is entitled to receive [$3,600] $4,680 9
annually for travel and other expenses related to the performance of duties as a member of 10
the board. 11
(b) Payments to a nonstudent member for the expenses described in subsection 12
(a) of this section shall be paid in 12 equal monthly installments. 13
(c) Subject to the approval of the board, a nonstudent member may be reimbursed 14
for additional travel and other expenses. 15
SECTION 2. AND BE IT FURTHER ENACTED, That : 16
(a) (1) To implement the reduction in the number of appointed members of the 17
Harford County Board of Education from three to one as provided in § 3–6A–01(b) of the 18
Education Article, as enacted by Section 1 of this Act, the positions of two of the current 19
appointed members of the county board shall be eliminated in accordance with paragraph 20
(2) of this subsection on June 1, 2022. 21
(2) The appointed members of the county board shall draw lots to 22
determine which positions are eliminated in accordance with paragraph (1) of this 23
subsection. 24
(b) (1) The initial terms of the members elected from the councilmanic districts 25
C, E, and F at the general election in November 2022 shall expire in 2024. 26
(2) The initial terms under paragraph (1) of this subsection may not count 27
toward the term limits as provided in § 3–6A–01(e) of the Education Article, as enacted by 28
Section 1 of this Act. 29
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency 30
measure, is necessary for the immediate preservation of the public health or safety, has 31
been passed by a yea and nay vote supported by three–fifths of all the members elected to 32
each of the two Houses of the General Assembly, and shall take effect from the date it is 33
enacted. 34