WES MOORE, Governor Ch. 793 – 1 – Chapter 793 (House Bill 1079) AN ACT concerning Prince George’s County – Board of Education and School System Revisions and Local Public Campaign Financing for Board of Education Members PG 502–23 FOR the purpose of altering the purpose of and the duties and responsibilities of the Prince George’s County Board of Education and certain officers of the county board; altering the voting authority of the student member of the county board; renaming and altering the duties of the County Superintendent of Schools; establishing an Office of Accountability and Compliance to be headed by an Inspector General in the Prince George’s County government for certain purposes; altering the residency, term limit, age, and compensation requirements for elected members of the county board; requiring the county board to retain counsel and pay certain counsel fees and expenses incurred for defending a member in litigation involving a member’s service in the member’s official capacity on the county board under certain circumstances; altering certain procedures for the election of the student member of the county board; requiring the Prince George’s County public school system to provide equal campaign funds for certain candidates for the student member of the county board and to educate students on the voting process under certain circumstances; applying certain provisions of this Act retroactively; authorizing the governing body of Prince George’s County to establish a system of public campaign financing for elected members of the county board after the governing body has implemented a system of public campaign financing for elective offices in the executive or legislative branches of the county government for at least one complete election cycle; prohibiting the system from including public campaign financing for the election of a student member of the board; and generally relating to the governance of the Prince George’s County public school system. BY repealing and reenacting, without amendments, Article – Education Section 3–1002(b) 3–1002(b) and (c) Annotated Code of Maryland (2022 Replacement Volume) BY repealing and reenacting, with amendments, Article – Education Section 3–1002(i) 3–1002(c) and (i) 3–1002(g) and (i), 3–1004, 4–104, 4–102(a), 4–112, and 4–401 through 4–403 Annotated Code of Maryland (2022 Replacement Volume) Ch. 793 2023 LAWS OF MARYLAND – 2 – BY adding to Article – Education Section 4–404 and 4–405 Annotated Code of Maryland (2022 Replacement Volume) BY repealing and reenacting, without amendments, Article – Education Section 3–1002(a) and (d) 3–1002(a), (b), and (d) Annotated Code of Maryland (2022 Replacement Volume) (As enacted by Chapter 217 of the Acts of the General Assembly of 2022) BY repealing and reenacting, with amendments, Article – Education Section 3–1002(c), (f), and (g) 3–1002(c) and (g) and 3–1003(a) Annotated Code of Maryland (2022 Replacement Volume) (As enacted by Chapter 217 of the Acts of the General Assembly of 2022) BY repealing and reenacting, with amendments, Article – Election Law Section 13–505 Annotated Code of Maryland (2022 Replacement Volume and 2022 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Education 3–1002. (b) The Prince George’s County Board consists of 14 members as follows: (1) Nine elected members, each of whom resides in a different school board district; (2) Four appointed members; and (3) One student member selected under subsection (g)(2) of this section. (c) (1) One member of the county board shall be elected from each of the nine school board districts described in § 3–1001 of this subtitle. WES MOORE, Governor Ch. 793 – 3 – (2) From the time of filing as a candidate for election, each candidate shall be a registered voter of the county and a resident of the school board district the candidate seeks to represent. (3) An elected county board member shall forfeit the office if the member: (i) Fails to reside in the school board district from which the member was elected, unless this change is caused by a change in the boundaries of the district; or (ii) Fails to be a registered voter of the county. (4) A county board member may not hold another office of profit in county government during the member’s term. (5) Each elected member of the county board shall be nominated by the registered voters of the member’s school board district. (6) EXCEPT FOR THE STUDEN T MEMBER, EACH ELECTED MEMBER OF THE COUNTY BOARD SHAL L BE AT LEAST 21 YEARS OLD. (g) (1) The student member shall be an eleventh or twelfth grade student in the Prince George’s County public school system during the student’s term in office. (2) (I) An eligible student shall file a nomination form at least [2] 3 weeks before a special election meeting of the Prince George’s Regional Association of Student Governments. (II) Nomination forms shall be made available in the administrative offices of all public senior high schools in the county, the office of student concerns, and the office of the president of the regional association. (III) The delegates to the regional association annually shall elect TWO CANDIDATES FOR the student member to the board at a [special] PRIMARY election meeting to be held each school year. (3) The student member may vote on all matters before the board except those relating to: (i) [Capital and operating budgets; (ii) School closings, reopenings, and boundaries; (iii)] Collective bargaining decisions; [(iv) Student disciplinary matters; Ch. 793 2023 LAWS OF MARYLAND – 4 – (v)] (II) Teacher and administrator disciplinary matters as provided under § 6–202(a) of this article; and [(vi)] (III) Other personnel matters. (4) On an affirmative vote of a majority of the elected and appointed members of the county board, the board may determine if a matter before the board relates to a subject that the student member may not vote on under paragraph (3) of this subsection. (5) [Unless invited to attend by an affirmative vote of a majority of the elected and appointed members of the county board, the] THE student member may [not] attend an executive session [that] OF THE BOARD UNLESS THE EXECUTIVE SESSIO N relates to [hearings]: (I) HEARINGS on appeals of special education placements, hearings held under § 6–202(a) of this article, or collective bargaining; OR (II) A PERSONNEL MATTER FOR WHICH THE STUDENT MA Y NOT VOTE UNDER PARAGRAPH (3) OF THIS SUBSECTION . (6) (I) The Prince George’s Regional Association of Student Governments [may] SHALL establish procedures for the election of the student member of the county board. (II) THE PROCEDURES ESTABL ISHED IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE FOR: 1. THE ADMINISTRATION OF : A. A PRIMARY ELECTION EAC H YEAR BY THE PRINCE GEORGE’S REGIONAL ASSOCIATION OF STUDENT GOVERNMENTS ; AND B. A GENERAL ELECTION EAC H YEAR BY STUDENTS I N 6TH THROUGH 12TH GRADE IN THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM; AND 2. NOTIFICATION TO THE COUNTY SUPERINTENDENT OF CANDIDATES SELECT ED BY THE PRINCE GEORGE’S REGIONAL ASSOCIATION OF STUDENT GOVERNMENTS AFTER EAC H ANNUAL PRIMARY ELE CTION. (7) FOR THE GENERAL ELECT ION HELD UNDER THIS SUBSECTION, THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM SHALL: WES MOORE, Governor Ch. 793 – 5 – (I) PROVIDE EQUAL CAMPAIG N FUNDS TO THE CANDI DATES FOR THE STUDENT MEMB ER OF THE BOARD ; AND (II) EDUCATE THE STUDENTS DESCRIBED UNDER PARA GRAPH (6)(II)1B OF THIS SUBSECTION O N THE VOTING PROCESS BEFORE EACH GENERAL ELECTION. [(7)] (8) The election procedures established by the Prince George’s Regional Association of Student Governments are subject to the approval of the elected and appointed members of the county board. (i) (1) [With the approval of the Governor, the] THE State Board may remove a member of the county board for any of the following reasons: (i) Immorality; (ii) Misconduct in office; (iii) Incompetency; or (iv) Willful neglect of duty. (2) Before removing a member, the State Board shall send the member a copy of the charges pending and give the member an opportunity within 10 days to request a hearing. (3) If the member requests a hearing within the 10–day period: (i) The State Board promptly shall 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 (ii) 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. (4) A member removed under this subsection has the right to judicial review of the removal by the Circuit Court for Prince George’s County based on an administrative record and such additional evidence as would be authorized by § 10–222(f) and (g) of the State Government Article. 3–1004. (a) (1) Beginning on December 5, 2022, the county board shall elect a chair and vice chair of the county board from among the members of the county board. Ch. 793 2023 LAWS OF MARYLAND – 6 – (2) The term of the chair and vice chair appointed under this subsection shall be [2 years] 1 YEAR. (B) THE CHAIR OF THE COUN TY BOARD SHALL BE RE SPONSIBLE FOR : (1) LEADING PUBLIC MEETIN GS OF THE COUNTY BOA RD; (2) MAKING SUBCOMMITTEE A PPOINTMENTS ; (3) SERVING AS THE PRIMAR Y CONTACT FOR COMMUN ICATIONS BETWEEN THE COUNTY B OARD AND THE COUNTY SUPERINTENDENT ; AND (4) ADMINISTERING THE COU NTY BOARD IN ACCORDA NCE WITH BYLAWS ADOPTED UNDER SUBSECTION (D) OF THIS SECTION; AND (5) SIGNING CONTRACTS AUT HORIZED AND APPROVED BY A MAJORITY OF THE MEMB ERS OF THE COUNTY BO ARD. [(b)] (C) Subject to the provisions of § 4–403 of this article, the affirmative vote of the members of the county board for the passage of a motion by the county board shall be: (1) Except as otherwise provided in item (2) of this subsection: (i) Eight members when the student member is voting; or (ii) Seven members when the student member is not voting; or (2) When there are two or more vacancies on the county board: (i) Seven members when the student member is voting; or (ii) Six members when the student member is not voting. (D) (1) THE COUNTY BOARD SHAL L ADOPT BYLAWS TO GO VERN ITS CONDUCT AS NECESSARY AND APPROPRIATE TO C ARRY OUT ITS PURPOSE S UNDER THIS TITLE. (2) THE COUNTY BOARD SHAL L REVIEW AND UPDATE ITS BYLAWS AT LEAST ONCE EVERY 4 YEARS. [(c)] (E) (1) At the beginning of each term, each Board member shall attend an orientation and be provided with training materials that clarify the role of a member. WES MOORE, Governor Ch. 793 – 7 – (2) IN ACCORDANCE WITH A SCHEDULE DETERMINED BY THE COUNTY BOARD IN THE BYLAWS ADOPTED UNDER SUBSEC TION (D) OF THIS SECTION , EACH ELECTED MEMBER SHALL COMPLETE PROFESSIONA L DEVELOPMENT IN THE FOLLOWING TOPICS DUR ING EACH YEAR OF THE MEMBER’S TERM: (I) COMMUNITY ENGAGEMENT ; (II) ETHICS; (III) LEGAL ISSUES IN EDUCA TION; (IV) PARLIAMENTARY PROCEDU RE; (V) PUBLIC EDUCATION BUDG ETING AND FINANCING ; (VI) ROLE AND RESPONSIBILI TIES OF THE COUNTY B OARD; AND (VII) ANY OTHER TOPIC DETERMINED RELEVANT BY THE COUNTY BOARD . (3) ELECTED MEMBERS ARE E NCOURAGED TO ATTEND PROFESSIONAL CONFERE NCES RELATING TO THE IR DUTIES AND RESPON SIBILITIES AS A MEMBER OF A BOA RD OF EDUCATION . (4) (I) ON OR BEFORE DECEMBER 1 EACH YEAR, EACH ELECTED MEMBER SHALL SUBMIT A PROFESSIONAL DEVEL OPMENT DISCLOSURE ST ATEMENT DESCRIBING THE PROFE SSIONAL DEVELOPMENT ACTIVITIES THE MEMBE R COMPLETED DURING THA T YEAR. (II) ON OR BEFORE JANUARY 30 EACH YEAR, THE COUNTY BOARD SHALL POST THE PROFESSIONAL DEVELOP MENT DISCLOSURE STATEM ENTS OF THE MEMBERS ON IT S WEBSITE. (F) (1) EACH YEAR, THE COUNTY BOARD SHA LL CONVENE AND EACH ELECTED MEMBER SHALL ATTEND A PROFESSIONA L RETREAT TO: (I) COMPLETE PROFESSIONAL DEVELOPMENT OR OTHER TRAINING; (II) SET ANNUAL COU NTY BOARD PERFORMANC E GOALS; AND (III) COMPLETE A COUNTY BOA RD SELF –EVALUATION, INCLUDING IDENTIFYIN G OPPORTUNITIES TO I MPROVE THE COUNTY BO ARD’S PERFORMANCE . Ch. 793 2023 LAWS OF MARYLAND – 8 – (2) WITHIN 30 DAYS OF THE LAST DAY OF THE PROFESSIONAL RETREAT UNDER PARAGR APH (1) OF THIS SUBSECTION, THE COUNTY BOARD SHA LL POST ON ITS WEBSITE THE RESULTS OF THE C OUNTY BOARD ’S SELF–EVALUATION AND ANY IDENTIFIED O PPORTUNITIES FOR IMP ROVEMENT. 4–104. (a) (1) [Each] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, EACH county board may: (i) Retain counsel to represent it in legal matters that affect the board; and (ii) Contract for the payment of a reasonable fee to the counsel. (2) Funds for these fees shall be included in the annual budget. (b) (1) [Each] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, EACH county board may pay all or part of the counsel fees for the defense of a county board member who is involved in litigation because of his service and in his official capacity on that board. (2) Payments made under paragraph (1) of this subsection are a valid educational expense. (c) (1) THIS SUBSECTION APPLI ES ONLY IN PRINCE GEORGE’S COUNTY. (2) THE COUNTY BOARD SHAL L RETAIN COUNSEL TO DEFEND A COUNTY BOARD MEMBER WHO IS INVOLVED IN L ITIGATION BECAUSE OF THE MEMBER’S SERVICE AND IN THE MEMBER’S OFFICIAL CAPACITY ON THE COUNTY BOARD. (3) THE COUNTY BOARD SHAL L PAY ALL COUNSEL FE ES AND REASONABLE AND RELAT ED EXPENSES INCURRED FOR DEFENDING A MEMB ER IN LITIGATION INVOLVING THE MEMBER ’S SERVICE IN THE MEMBE R’S OFFICIAL CAPACITY ON THE COUN TY BOARD IF IT IS DE TERMINED DURING THE COURSE OF LITIGATION THAT THE MEMBER WAS ACTING WI THIN THE SCOPE OF TH E MEMBER’S AUTHORITY AND WITHOU T MALICE AND GROSS N EGLIGENCE. (D) (1) In any suit or claim brought against a principal, teacher, school security guard, or other agent or employee of a county board by a parent or other claimant with respect to an action taken by the agent or employee, the board shall provide for counsel for that individual if: WES MOORE, Governor Ch. 793 – 9 – (i) The action was taken in the performance of his duties, within the scope of his employment, and without malice; and (ii) The board determines that he was acting within his authorized official capacity in the incident. (2) The counsel required by this section may be provided through the office of the county attorney or city solicitor. (3) This subsection does not require a county board to provide or reimburse the cost of counsel to a plaintiff or claimant in a suit or claim against a county board or its members, agents, or employees. 4–102. (a) (1) Except in Baltimore City, the county superintendent is the executive officer, secretary, and treasurer of the county board. (2) (i) In Baltimore City, the Chief Executive Officer of the Baltimore City Board of School Commissioners is the executive officer, secretary, and treasurer of the Board of School Commissioners. (ii) The Chief Executive Officer shall have the powers and duties imposed under this article. (iii) The Chief Executive Officer is not a public officer under the Constitution or the laws of the State. (3) [(i) In Prince George’s County, the county superintendent is the Chief Executive Officer of the Prince George’s County public school system. (ii) The Chief Executive Officer is the executive officer, secretary, and treasurer of the county board. (iii) The Chief Executive Officer shall have the powers and duties imposed under this article. (iv) The Chief Executive Officer is not a public officer under the Constitution or the laws of the State. (4)] A county superintendent is not a public officer under the Constitution or the laws of the State. 4–112. Ch. 793 2023 LAWS OF MARYLAND – 10 – (a) Each county board shall establish at least one citizen advisory committee to advise the board and to facilitate its activities and programs in the public schools. (b) Similar advisory committees may be established for: (1) An individual school; or (2) A group of schools within a region. (c) A committee established under this section may include parents, teachers, students, and other citizens as members. (D) (1) THIS SUBSECTION APPLI ES ONLY IN PRINCE GEORGE’S COUNTY. (2) A CITIZEN ADVISORY COM MITTEE ESTABLISHED B Y THE PRINCE GEORGE’S COUNTY BOARD OF EDUCATION SHALL REFLE CT, TO THE EXTENT PRACTICABLE , THE GEOGRAPHIC , RACIAL, ETHNIC, CULTURAL, AND GENDER DIVERSITY OF THE COU NTY. Subtitle 4. Prince George’s County. 4–401. (A) The purpose of the county board is to: (1) MAINTAIN THROUGHOUT T HE COUNTY A REASONAB LY UNIFORM SYSTEM OF PUBLIC SCH OOLS THAT IS DESIGNE D TO PROVIDE QUALITY EDUCATION AND EQUITABLE EDUCAT IONAL OPPORTUNITY FO R ALL CHILDREN ; (2) Raise the level of academic achievement of the students in the Prince George’s County public school system; and [(2)] (3) Raise the level of engagement of the parents, students, and community as a whole. (B) (1) THE SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE COUNTY BOARD SHALL E STABLISH AN AUDIT CO MMITTEE TO ENSURE TH AT PUBLIC FUNDS FOR THE COUNTY SCHOOL SYSTEM ARE SP ENT EQUALLY EQUITABLY ACROSS ALL THE SCHOOLS IN T HE COUNTY SCHOOL SYS TEM. (2) NOTHING IN THIS SUBSE CTION MAY BE CONSTRU ED TO ALTER THE MANDATO RY ALLOCATION OF FUN DING TO INDIVIDUAL S CHOOLS REQUIRED UNDER TITLE 5 OF THIS ARTICLE , INCLUDING THE MINIMU M SCHOOL FUNDING REQUIRED UNDER § 5–234 OF THIS ARTICLE. WES MOORE, Governor Ch. 793 – 11 – 4–402. (a) In addition to the other powers granted to, and duties imposed on, a county superintendent under this article, the [Chief Executive Officer] COUNTY SUPERINTENDENT has the responsibilities and powers set forth in this section. (b) The [Chief Executive Officer] COUNTY SUPERINTENDENT shall be responsible for: (1) The overall administration of the Prince George’s County public school system; (2) Subject to the provisions of Title 6 of this article, and after a budget is submitted by the county board and approved by the County Council at the beginning of each fiscal year, the day–to–day management and oversight of the fiscal affairs of the Prince George’s County public school system, including the management of activities related to: (i) Administration; (ii) Mid–level administration; (iii) Instructional salaries; (iv) Textbooks and other classroom instructional supplies; (v) Instructional costs; (vi) Special education; (vii) Student personnel services; (viii) Health services; (ix) Student transportation; (x) Operation of plants and equipment; (xi) Plant maintenance; (xii) Fixed charges; (xiii) Food services; and (xiv) Capital planning and expenditures; and Ch. 793 2023 LAWS OF MARYLAND – 12 – (3) The development and implementation of the curriculum taught and the instruction provided in the Prince George’s County public school system. (c) The [Chief Executive Officer] COUNTY SUPERINTENDENT : (1) Shall hire and set the salaries of a chief operating officer, a chief financial officer, a chief academic officer, a chief of staff, a board liaison, and any other necessary executive staff in the office of the [Chief Executive Officer] COUNTY SUPERINTENDENT ; and (2) May delegate the responsibilities established under subsection (b) of this section to appropriately qualified individuals as determined and deemed necessary by the [Chief Executive Officer] COUNTY SUPERINTENDENT . (d) (1) The [Chief Executive Officer] COUNTY SUPERINTENDENT shall enter into a memorandum of understanding that relates to the provision of policy analysis and advice to the county board with the following institutions of higher education: (i) The University of Maryland, College Park Campus; (ii) The University of Maryland Global Campus; (iii) Bowie State University; and (iv) Prince George’s Community College. (2) The [Chief Executive Officer] COUNTY SUPERINTENDENT may include additional institutions of higher education in the memorandum of understanding required under paragraph (1) of this subsection. 4–403. (a) Except as provided in subsection (b) of this section, the county board may not implement a policy or take any action that contradicts the day–to–day management and oversight of the fiscal affairs of the Prince George’s County public school system by the [Chief Executive Officer] COUNTY SUPERINTENDENT under this subtitle. (b) Except for personnel matters and appeals of personnel matters in accordance with §§ 4–205(c)(2) and (3) of this title and 6–202 of this article, the county board shall require a two–thirds vote of all voting members of the county board to take an action that is contrary to an action of the [Chief Executive Officer] COUNTY SUPERINTENDENT . 4–404. WES MOORE, Governor Ch. 793 – 13 – (A) THE COUNTY BOARD AND THE COUNTY SUPERINTENDENT SHALL : (1) ESTABLISH ANNUAL GOAL S FOR THE PERFORMANCE OF THE COUNTY SCHOOL SYSTEM ; AND (2) EVALUATE THE PERFORMA NCE OF THE COUNTY SC HOOL SYSTEM AGAINST THE GOALS ES TABLISHED UNDER ITEM (1) OF THIS SUBSECTION I N A PUBLIC MEETING OF TH E COUNTY BOARD EACH YEAR. (B) (1) EACH YEAR , THE COU NTY BOARD AND THE COUNTY SUPERINTENDENT SHALL CONDUCT A POLL OF TH E STAKEHOLDERS AND COMMUNITY MEMBERS OF THE COUNTY SCHOOL SY STEM TO MEASURE PUBL IC OPINION ON THE CONFI DENCE AND EFFECTIVEN ESS OF THE COUNTY BO ARD, COUNTY SUPERINTENDENT , AND COUNTY SCHOOL S YSTEM, ADDRESSING EACH COMPONENT SEPARATELY . (2) WHEN ESTABLISHING ANN UAL GOALS FOR THE PE RFORMANCE OF THE COUNTY BOARD AND THE COUNTY SCHOOL SY STEM, THE COUNTY BOARD AND THE COUNTY SUPERINTENDENT SHALL CONSIDER THE FINDING S OF THE POLL CONDUCTED UNDER THIS SUBSECTION . (C) AT THE FIRST MEETING OF THE COUNTY BOARD EACH YEAR, THE COUNTY BOARD SHALL : (1) REVIEW THE RESPECTIVE ROLES, DUTIES, AND RESPONSIBILITIES OF THE COUNTY BOARD AND THE COUNTY SUPERINTENDENT ; (2) ANNOUNCE THE ANNUAL P ERFORMANCE GO ALS OF THE COUNTY BOARD AS DETERMINED UNDER § 3–1004 OF THIS ARTICLE; (3) DISCUSS THE RESULTS O F THE COUNTY BOARD SELF–EVALUATION AS DETERM INED UNDER § 3–1004 OF THIS ARTICLE; AND (4) DISCUSS THE PROFESSIO NAL DEVELOPMENT COMP LETED BY THE COUNTY BOARD MEMBERS DURING THE PREVIOUS YEAR . 4–405. (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) “COUNTY” MEANS PRINCE GEORGE’S COUNTY. Ch. 793 2023 LAWS OF MARYLAND – 14 – (3) “INSPECTOR GENERAL” MEANS THE INSPECTOR GENERAL IN THE OFFICE OF ACCOUNTABILITY AND COMPLIANCE. (4) “OFFICE” MEANS THE OFFICE OF ACCOUNTABILITY AND COMPLIANCE. (B) (1) THERE IS AN OFFICE OF ACCOUNTABILITY AND COMPLIANCE. (2) THE OFFICE IS AN INDEPEND ENT UNIT OF THE COUN TY GOVERNMENT . (3) THE PURPOSE OF THE OFFICE IS TO PROV IDE ACCOUNTABILITY AND TRANSPARENCY IN THE EXPENDITURE OF P UBLIC FUNDS FOR EDUC ATION IN PRINCE GEORGE’S COUNTY AND TO ENSURE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM PERSON NEL ARE IN COMPLIANC E WITH ETHICAL STAND ARDS. (4) ALL EXPENSES AND OPER ATIONS RELATED TO THE ADMINISTRATION OF TH E OFFICE SHALL BE SEPAR ATELY IDENTIFIED AND INDEPENDENT OF ANY O THER UNIT OF COUNTY GOVERNMENT . (C) (1) THERE IS AN INSPECTOR GENERAL IN THE OFFICE OF ACCOUNTABILITY AND COMPLIANCE. (2) AN INDIVIDUAL IS ELIG IBLE TO BE THE INSPECTOR GENERAL ONLY IF THE INDIVIDU AL EXECUTES AN AFFID AVIT STATING THAT TH E INDIVIDUAL WILL NOT ACCEPT APPO INTMENT TO, OR BE A CANDIDATE FO R, A COUNTY OFFICE : (I) DURING THE PERIOD OF SERVICE AS THE INSPECTOR GENERAL; AND (II) FOR AT LEAST 2 YEARS IMMEDIATELY AF TER THE INDIVIDUAL LAST SERV ES AS THE INSPECTOR GENERAL. (3) THE INSPECTOR GENERAL SHALL RENEW T HE AFFIDAVIT EVERY 2 YEARS DURING THE PER IOD OF SERVICE. (4) A FAILURE TO RENEW THE AFFIDAVIT UNDER THIS SUBSECTION SHALL SUBJECT THE INSPECTOR GENERAL TO REMOVAL FR OM OFFICE UNDER THIS SECTION. (D) (1) THE INSPECTOR GENERAL SHALL BE APPO INTED UNANIMOUSLY BY THE PRINCE GEORGE’S COUNTY COUNCIL. WES MOORE, Governor Ch. 793 – 15 – (2) THE TERM OF THE INSPECTOR GENERAL IS 5 YEARS, BEGINNING JULY 1 AFTER THE APPOI NTMENT OF THE INSPECTOR GENERAL. (3) AT THE END OF A TERM , THE INSPECTOR GENERAL SHALL CONTINUE TO SERVE UN TIL A SUCCESSOR IS A PPOINTED. (4) IF A VACANCY OCCURS I N THE OFFICE, AN INTERIM INSPECTOR GENERAL SHALL BE APPO INTED AS A SUCCESSOR TO SERVE FOR THE REMAINDER OF THE UNEXPIRED TER M. (E) THE INSPECTOR GENERAL MAY BE REMOVE D UNANIMOUSLY BY THE PRINCE GEORGE’S COUNTY COUNCIL FOR: (1) MISCONDUCT IN OFFICE ; (2) PERSISTENT FAILURE TO PERFORM THE DUTIES O F THE OFFICE; OR (3) CONDUCT PREJUDI CIAL TO THE PROPER A DMINISTRATION OF JUSTICE. (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE INSPECTOR GENERAL SHALL BE PROF ESSIONALLY QUALIFIED THROUGH EXPERIENCE OR EDUCAT ION IN AT LEAST ONE OF THE FOLLOWING ARE AS: (I) LAW; (II) AUDITING; (III) GOVERNMENT OPERATIONS ; (IV) FINANCIAL MANAGEMENT ; OR (V) EDUCATION POLICY . (2) IF THE INSPECTOR GENERAL IS PROFESSION ALLY QUALIFIED IN THE AREA OF EDUCATIO N POLICY, THE INSPECTOR GENERAL ALSO SHALL BE PROFESSIONALLY QUALI FIED THROUGH EXPERIENCE O R EDUCATION IN AT LE AST ONE OF THE OTHER ARE AS LISTED IN PARAGRA PH (1) OF THIS SUBSECTION . (G) (1) THE INSPECTOR GENERAL IS ENTITLED T O THE SALARY PROVIDED IN THE COUN TY BUDGET. Ch. 793 2023 LAWS OF MARYLAND – 16 – (2) FUNDING FOR THE OFFICE SHALL BE AS PR OVIDED IN T HE COUNTY BUDGET . (3) THE INSPECTOR GENERAL MAY APPOINT A ND EMPLOY PROFESSIONAL AND CLE RICAL STAFF, INCLUDING ATTORNEYS , ACCOUNTANTS , AUDITORS, ANALYSTS, AND INVESTIGATORS , AS APPROPRIATED IN T HE ANNUAL COUNTY BUDGET , TO CONDUCT THE WORK OF THE OFFICE. (H) THE INSPECTOR GENERAL SHALL BE RESP ONSIBLE FOR EXAMININ G AND INVESTIGATING TH E FOLLOWING MATTERS WITH RESPECT TO THE MANAGEMENT AND AFFAI RS OF THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM: (1) INSTANCES OF FRAUD , WASTE, OR ABUSE INVOLVING T HE USE OF PUBLIC FUNDS AND PRO PERTY; AND (2) COMPLIANCE WITH APPLI CABLE STATE AND LOCAL ETHIC S LAWS. (I) (1) THE INSPECTOR GENERAL SHALL BE RESP ONSIBLE FOR CONDUCTING INDEPENDE NT AUDITS: (I) OF RESOURCE DEPLOYMEN T, EXPENSES, AND STUDENT ACTIVITY FUND S; (II) OF CONTRACTS WITH VEN DORS TO CONSIDER SCO PE OF WORK AND EFFECTIVENE SS IN COMPLYING WITH CONTRACT TERMS ; AND (III) TO DETERMINE THE EFFE CTIVENESS OF COUNTY SCHOOL SYSTEM PROGRAMS AND TO MAKE RECOMMENDATI ONS REGARDING THE CONTINUATION TO FUNDING FOR SUCH PRO GRAMS. (2) THE OFFICE SHALL CONDUCT THE FOLLOWING TYPES OF AUDITS: (I) COMPLIANCE; (II) FINANCIAL; (III) INFORMATION TECHNOLOG Y; (IV) INTERNAL INVESTIGATIO NS; AND (V) OPERATIONAL. WES MOORE, Governor Ch. 793 – 17 – (J) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , DURING AN INVESTIGAT ION CONDUCTED IN ACC ORDANCE WITH THIS SE CTION, THE INSPECTOR GENERAL SHALL HAVE AC CESS TO ALL RECORDS , DATA, REPORTS, CONTRACTS, CORRESPONDENCE , OR OTHER DOCUMENTS O F THE COUNTY SCHOOL SYSTEM THAT IS TH E SUBJECT OF THE INV ESTIGATION. (2) THE INSPECTOR GENERAL MAY NOT ACCES S OR COMPEL THE PRODUCTION OF DOCUME NTS THAT ARE: (I) PROTECTED UNDER THE A TTORNEY–CLIENT PRIVILEGE ; OR (II) CONFIDENTIAL OR PRIVI LEGED UNDER APPLICAB LE PROVISIONS OF FEDERA L OR STATE LAW. (3) A PERSON MAY HAVE AN A TTORNEY PRESENT DURI NG ANY CONTACT WITH THE INSPECTOR GENERAL. (4) DURING AN INVESTIGATI ON CONDUCTED IN ACCO RDANCE WITH THIS SECTION, THE INSPECTOR GENERAL MAY: (I) SEEK AND OBTAIN SWORN TESTIMONY; AND (II) ISSUE SUBPOENAS AS NE CESSARY TO COMPEL TH E PRODUCTION OF DOCUME NTS AND RECORDS OR T HE ATTENDANCE OF WIT NESSES. (5) (I) A SUBPOENA MAY BE SERV ED IN THE SAME MANNE R AS ONE ISSUED BY A CIRCUIT COURT. (II) THE INSPECTOR GENERAL SHALL ADVISE A PERSON OF THE RIGHT TO COUNSEL WHE N A SUBPOENA IS SERV ED. (6) (I) THE INSPECTOR GENERAL IMMEDIATELY M AY REPORT THE FAILURE OF A PERSON TO OBEY A LAWFULLY S ERVED SUBPOENA TO TH E CIRCUIT COURT OF THE COUNTY THAT HAS JURISDICTIO N. (II) THE INSPECTOR GENERAL SHALL PROVIDE A CO PY OF THE SUBPOENA AND PROOF O F SERVICE TO THE CIR CUIT COURT. (7) AFTER CONDUCTING A HE ARING AT WHICH THE P ERSON WHO ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA HAS AN OPPORTUNIT Y TO BE HEARD AND REPRESENTE D BY COUNSEL , THE CIRCUIT COURT MAY GRANT APPROPRIATE RELIEF . Ch. 793 2023 LAWS OF MARYLAND – 18 – (K) (1) THE COUNTY BOARD , THE COUNTY SUPERINTENDENT , THE COUNTY SCHOOL SYSTEM , OR ANY OTHER COUNTY OR LOCAL OFFICIAL MA Y NOT TAKE ADVERSE , RETALIATORY ACTION A GAINST AN INDIVIDUAL BECAUSE THE INDIVIDUAL COOPERATE D WITH OR PROVIDED INFORMAT ION TO THE INSPECTOR GENERAL. (2) RECORDS OR INFORMATIO N PROVIDED TO , PREPARED FOR , OR OBTAINED BY THE INSPECTOR GENERAL IN CONNECTION WITH AN INVESTIGATIO N ARE CONFIDENTIAL AND NOT SUBJECT TO DISCL OSURE UNDER THE PUBLIC INFORMATION ACT. (L) (1) IF THE INSPECTOR GENERAL FINDS OR HAS REASONABLE GROUNDS TO BELIEVE T HAT THERE HAS BEEN A CRIMINAL VIOLATION O F FEDERAL OR STATE LAW, THE INSPECTOR GENERAL SHALL NOTIFY AND REFER THE MATTER TO THE APPROPRIATE F EDERAL, STATE, OR LOCAL LAW EN FORCEMENT AUTHORITY , LOCAL STATE’S ATTORNEY’S OFFICE, OFFICE OF THE ATTORNEY GENERAL, OFFICE OF THE STATE PROSECUTOR , OR FEDERAL AGENCY . (2) IF THE INSPECTOR GENERAL IDENTIFIES AN ISSUE OF CONCERN THAT WOULD NOT CONST ITUTE A CRIMINAL VIO LATION OF STATE LAW, THE INSPECTOR GENERAL MAY REPORT TH E ISSUE OF CONCERN T O THE STATE SUPERINTENDENT , THE STATE BOARD, THE PRINCE GEORGE’S COUNTY EXECUTIVE, THE COUNTY SUPERINTENDENT , THE GOVERNOR, AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. (M) (1) ON OR BEFORE DECEMBER 1 EACH YEAR, THE OFFICE SHALL SUBMIT A REPORT TO T HE COUNTY SUPERINTENDENT , THE COUNTY BOARD , THE GOVERNOR, AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY. (2) THE REPORT SHALL INCLUDE INFORMATION ON : (I) THE OFFICE’S GOALS AND PRIORITI ES FOR THE UPCOMING YEAR; (II) THE OFFICE’S ACTIVITIES DURING THE PRECEDING YEAR ; (III) THE NUMBER OF INCIDEN TS, IN THE AGGREGATE , AND A GENERAL SUMMARY OF T HE NATURE OF THE REPORTED INCIDEN TS, REFERRED TO THE APPROPRIATE FEDE RAL, STATE, OR LOCAL LAW ENFORCE MENT AUTHORITY , LOCAL STATE’S ATTORNEY’S OFFICE, OFFICE OF THE ATTORNEY GENERAL, OFFICE OF THE STATE PROSECUTOR , OR FEDERAL AGENCY DU RING THE PRECEDING Y EAR; WES MOORE, Governor Ch. 793 – 19 – (IV) SPECIFIC FINDINGS AND RECOMMENDATIONS RELA TING TO: 1. INSTANCES OF FRAUD , WASTE, OR ABUSE INVOLVING THE USE OF PUBLIC FU NDS AND PROPERTY ; AND 2. COMPLIANCE WITH STATE AND LOCAL ETHIC S LAWS; AND (V) ANY REGULATORY OR STA TUTORY CHANGES NECES SARY TO ENSURE COMPLIANCE WI TH APPLICABLE FEDERA L AND STATE LAWS. SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows: Article – Education 3–1002. (a) In this subtitle, “elected member” means a member of the Prince George’s County Board elected from one of the nine school board districts described in § 3–1001 of this subtitle. (b) The Prince George’s County Board consists of 10 members as follows: (1) Nine elected members, each of whom resides in a different school board district; and (2) One student member selected under subsection (f)(2) of this section. (c) (1) One member of the county board shall be elected from each of the nine school board districts described in § 3–1001 of this subtitle. (2) (I) [From the time of filing as a candidate for election, each] EACH candidate shall [be]: (I) 1. BE a registered voter of the county; and (II) 2. BE EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH , BE a resident of the school board district the candidate seeks to represent FOR AT LEAST 1 YEAR BEFORE THE DATE OF THE PRIMARY GENERAL ELECTION. Ch. 793 2023 LAWS OF MARYLAND – 20 – (II) IN AN ELECTION YEAR I MMEDIATELY FOLLOWING AN APPROVED DECENNIAL R EDISTRICTING PLAN CH ANGING THE BOUNDARIE S OF ANY SCHOOL BOARD DISTRIC T, THE 1 YEAR RESIDENCY REQUI REMENT UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH DO ES NOT APPLY IF THE CANDIDATE: 1. IS A QUALIFIED VOTER BUT NO LONGER RESIDE S IN THE CANDIDATE ’S FORMER SCHOOL BOAR D DISTRICT DUE TO A BOUNDARY CHANGE IN THE APPROVED DECE NNIAL REDISTRICTING PLAN; 2. RESIDED IN THE CANDID ATE’S FORMER SCHOOL BOARD DISTRICT FOR A T LEAST 1 YEAR IMMEDIATELY PRE CEDING THE GENERAL ELECTION; AND 3. RESIDES, AS OF THE DATE OF TH E DEADLINE FOR FILING AS A CANDIDA TE FOR ELECTION , IN THE SCHOOL BOARD DISTRICT SPECIFIED UNDER ITEM 2 OF THIS SUBPARAGRAPH . (3) An elected member shall forfeit the office if the member: (i) Fails to reside in the school board district from which the member was elected, unless this change is caused by a change in the boundaries of the district; or (ii) Fails to be a registered voter of the county. (4) A member may not hold another office of profit in county government during the member’s term. (5) Each elected member of the county board shall be nominated by the registered voters of the member’s school board district. (d) The elected members of the county board shall be elected: (1) At the general election every 4 years; and (2) By the voters of the school board district that each member represents. (f) (1) The student member shall be an eleventh or twelfth grade student in the Prince George’s County public school system during the student’s term in office. (2) (I) An eligible student shall file a nomination form at least 2 3 weeks before a special election meeting of the Prince George’s Regional Association of Student Governments. WES MOORE, Governor Ch. 793 – 21 – (II) Nomination forms shall be made available in the administrative offices of all public senior high schools in the county, the office of student concerns, and the office of the president of the regional association. (III) The delegates to the regional association annually shall elect TWO CANDIDATES FOR the student member to the board at a special PRIMARY election meeting to be held each school year. (3) The student member may vote on all matters before the board except those relating to: (i) [Capital and operating budgets; (ii) School closings, reopenings, and boundaries; (iii)] Collective bargaining decisions; [(iv) Student disciplinary matters;] [(v)] (II) Teacher and administrator disciplinary matters as provided under § 6–202(a) of this article; and [(vi)] (III) Other personnel matters. (4) On an affirmative vote of a majority of the elected members of the county board, the board may determine if a matter before the board relates to a subject that the student member may not vote on under paragraph (3) of this subsection. (5) [Unless invited to attend by an affirmative vote of a majority of the elected members of the county board, the] THE student member may [not] attend an executive session [that] OF THE BOARD UNLESS THE EXECUTIVE SESSIO N relates to [hearings]: (I) HEARINGS on appeals of special education placements, hearings held under § 6–202(a) of this article, or collective bargaining; OR (II) A PERSONNEL MATTER FOR WHICH THE STUDENT MA Y NOT VOTE UNDER PARAGRAPH (3) OF THIS SUBSECTION . (6) (I) The Prince George’s Regional Association of Student Governments may SHALL establish procedures for the election of the student member of the county board. (II) THE PROCEDURES ESTABL ISHED IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL PROVIDE FOR : Ch. 793 2023 LAWS OF MARYLAND – 22 – 1. THE ADMINISTRATION OF : A. A PRIMARY ELECTION EAC H YEAR BY THE PRINCE GEORGE’S REGIONAL ASSOCIATION OF STUDENT GOVERNMENTS ; AND B. A GENERAL ELECTION EAC H YEAR BY STUDENTS I N 6TH THROUGH 12TH GRADE IN THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM; AND 2. NOTIFICATION TO THE COUNTY SUPERINTENDEN T OF CANDIDATES SELECT ED BY THE PRINCE GEORGE’S REGIONAL ASSOCIATION OF STUDENT GOVERNMENTS AFTER EAC H ANNUAL PRIMARY ELE CTION. (7) FOR THE GENERAL ELECT ION HELD UNDER THIS SUBSECTION, THE PRINCE GEORGE’S COUNTY PUBLIC SCHOOL SYSTEM SHALL : (I) PROVIDE EQUAL CAMPAIGN FU NDS TO THE CANDIDATE S FOR THE STUDENT MEMB ER OF THE BOARD ; AND (II) EDUCATE THE STUDENTS DESCRIBED UNDER PARA GRAPH (6)(II)1B OF THIS SUBSECTION O N THE VOTING PROCESS BEFORE EACH GENERAL ELECTION. (7) (8) The election procedures established by the Prince George’s Regional Association of Student Governments are subject to the approval of the elected members of the county board. (g) (1) An elected member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until the member’s successor is elected and qualifies. (2) (I) UNLESS OTHERWISE DISQ UALIFIED UNDER THIS SECTION, AN ELECTED MEMBER OF THE COUNTY BOARD IS ELIGIBLE FOR REELECT ION. (II) AN ELECTED MEMBER MAY NOT SERVE FOR MO RE THAN TWO TERMS AS AN ELEC TED MEMBER . [(2)] (3) The student member serves for a term of 1 year beginning at the end of a school year. [(3)] (4) (i) Subject to subparagraph (ii) of this paragraph, if a seat held by an elected member of the county board becomes vacant, the County Executive shall: WES MOORE, Governor Ch. 793 – 23 – 1. Appoint a qualified individual to fill the seat for the remainder of the term; and 2. Transmit the name of the appointee to the clerk of the County Council. (ii) If the County Council does not disapprove an appointment under subparagraph (i) of this paragraph by a two–thirds vote of all members of the County Council within 45 days after the transmittal of the name of the appointee, the appointment shall be considered approved. 3–1003. (a) (1) [From and after December 4, 2006, at] AT the beginning of each member’s full term FROM AND AFTER DECEMBER 7, 2026, the chair of the county board is entitled to receive [$19,000] $32,000 $30,000 annually as compensation and the other elected members are each entitled to receive [$18,000] $27,000 annually as compensation. (2) Each elected member of the county board may be provided health insurance and other fringe benefits regularly provided to employees of the Board of Education under the same terms and conditions extended to other employees of the Board of Education. Article – Election Law 13–505. (a) In this section, “contested election committee” means a contested election committee established under Title 12, Subtitle 3 of this article. (b) (1) (I) Subject to the provisions of this section, the governing body of a county may establish, by law, a system of public campaign financing for elective offices in the executive or legislative branches of county government. (II) 1. THIS SUBPARAGRAPH APPLIES ONLY IN PRINCE GEORGE’S COUNTY. 2. SUBJECT TO THE PROVIS IONS OF THIS SECTION , AFTER THE GOVERNING BODY OF PRINCE GEORGE’S COUNTY HAS IMPLEMENTE D A SYSTEM OF PUBLIC CAM PAIGN FINANCING ESTA BLISHED UNDER SUBPAR AGRAPH (I) OF THIS PARAGRAPH FO R AT LEAST ONE COMPLETE E LECTION CYCLE , THE GOVERNING BODY OF PRINCE GEORGE’S COUNTY MAY ESTABLISH , BY LAW, A SYSTEM OF PUBLIC CAM PAIGN FINANCING FOR ELECTED MEMBERS OF T HE PRINCE GEORGE’S COUNTY BOARD OF EDUCATION. Ch. 793 2023 LAWS OF MARYLAND – 24 – 3. A SYSTEM OF PUBLIC CAM PAIGN FINANCIN G FOR ELECTED MEMBERS OF T HE COUNTY BOARD OF E DUCATION ESTABLISHED UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY NOT INCLUDE PUBL IC CAMPAIGN FINANCING F OR THE ELECTION OF A STUDENT MEMBER OF TH E COUNTY BOARD OF EDUCATION . (2) A system of public financing established under paragraph (1) of this subsection may include public financing of a contested election committee. (3) When establishing a system of public campaign financing for [elective offices in the executive or legislative branches of county government] AN OFFICE UNDER PARAGRAPH (1) OF THIS SUBSECTION , the governing body of a county shall: (i) specify the criteria that are to be used to determine whether an individual is eligible for public campaign financing; and (ii) provide the funding and staff necessary for the operation, administration, and auditing of the system of public campaign financing. (c) A system of public campaign financing enacted under subsection (b) of this section: (1) shall provide for participation of candidates in public campaign financing on a strictly voluntary basis; (2) may not regulate candidates who choose not to participate in public campaign financing; (3) shall prohibit the use of public campaign financing for any campaign except a campaign for [county] LOCAL elective office; (4) shall require a candidate who accepts public campaign financing to: (i) establish a campaign finance entity solely for the campaign for [county] LOCAL elective office; and (ii) use funds from that campaign finance entity only for the campaign for [county] LOCAL elective office; (5) shall prohibit a candidate who accepts public campaign financing from transferring funds: (i) to the campaign finance entity established to finance the campaign for [county] LOCAL elective office from any other campaign finance entity established for the candidate; and WES MOORE, Governor Ch. 793 – 25 – (ii) from the campaign finance entity established to finance the campaign for [county] LOCAL elective office to any other campaign finance entity; (6) shall provide for a public election fund for [county] LOCAL elective offices that is administered by the chief financial officer of the county; and (7) shall be subject to regulation and oversight by the State Board to ensure conformity with State law and policy to the extent practicable. (d) A system of public campaign financing enacted under subsection (b) of this section may: (1) provide for more stringent regulation of campaign finance activity by candidates who choose to accept public campaign financing, including contributions, expenditures, reporting, and campaign material, than is provided for by State law; (2) provide for administrative penalties for violations, in accordance with § 10–202 of the Local Government Article; and (3) allow a publicly financed candidate to transfer any amount of funds from the candidate’s campaign finance entity to the candidate’s contested election committee. SECTION 3. AND BE IT FURTHER ENACTED, That: (a) The provisions of § 4–104 of the Education Article, as enacted by Section 1 of this Act, shall be construed to apply retroactively and shall be applied to and interpreted to affect any litigation that was initiated on or after January 1, 2020, involving the defense of a member of the Prince George’s County Board of Education who: (1) is involved in litigation because of the member’s service and in the member’s official capacity on the county board; and (2) was found during the course of litigation to have been acting within the scope of the member’s authority and without malice and gross negligence. (b) An individual seeking to be reimbursed by the Prince George’s County Board of Education under this section must provide to the Prince George’s County Board of Education on or before August 1, 2023, documentation of the litigation costs incurred. SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take effect July 1, 2024, the effective date of Chapter 217 of the Acts of the General Assembly of 2022. If the effective date of Chapter 217 is amended, Section 2 of this Act shall take effect on the taking effect of Chapter 217. Ch. 793 2023 LAWS OF MARYLAND – 26 – SECTION 4. 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 3 4 of this Act, this Act shall take effect July 1, 2023, contingent on the taking effect of Chapter ____ (H.B. 432) of the Acts of the General Assembly of 2023, and if Chapter ____ (H.B. 432) does not become effective, this Act, with no further action required by the General Assembly, shall be null and void. Approved by the Governor, May 16, 2023.