EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 852
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By: Washington County Senators
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Washington County Board of Education – Members – Residency Requirement 2
FOR the purpose of requiring that a member of the Washington County Board of Education 3
be a resident of Washington County and the State for a certain amount of time 4
immediately preceding the date the member takes office; requiring members of the 5
county board to maintain a primary residence in Washington County during their 6
term; and generally relating to the Washington County Board of Education. 7
BY repealing and reenacting, with amendments, 8
Article – Education 9
Section 3–1301 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2023 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Education 15
3–1301. 16
(a) The Washington County Board consists of seven members. 17
(b) All seven members of the Washington County Board shall be elected from 18
Washington County at large at a general election every 4 years beginning in 1978. 19
(c) (1) Each member serves for a term of 4 years beginning on the first 20
Tuesday in December after the member’s election and until a successor is elected and 21
qualifies. 22
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(2) The terms of members are staggered as required by the terms of the 1
members serving on the county board as of July 1, 1986. 2
(3) At the end of a term, a member continues to serve until a successor is 3
elected and qualifies. 4
(4) In accordance with subsection [(e)] (F) of this section, the County 5
Commissioners shall appoint a qualified individual to fill any vacancy on the county board 6
for the remainder of that term and until a successor is elected and qualifies. 7
(d) (1) IMMEDIATELY PRECEDING THE DATE T HE MEMBER TAKES 8
OFFICE, EACH MEMBER OF THE C OUNTY BOARD SHALL BE: 9
(I) A RESIDENT OF WASHINGTON COUNTY FOR AT LEAST 6 10
MONTHS; AND 11
(II) A RESIDENT OF THE STATE FOR AT LEAST 12 MONTHS. 12
(2) (I) DURING THE TERM OF A MEMBER OF THE COUNTY BOARD, 13
THE MEMBER SHALL MAI NTAIN A PRIMARY RESI DENCE IN WASHINGTON COUNTY. 14
(II) A MEMBER OF THE COUNTY BOARD WHO NO LONGER 15
MAINTAINS A PRIMARY RESIDENCE IN WASHINGTON COUNTY MAY NOT CONTIN UE 16
AS A MEMBER OF THE C OUNTY BOARD . 17
(E) (1) The State Board may remove a member of the county board for: 18
(i) Immorality; 19
(ii) Misconduct in office; 20
(iii) Incompetency; or 21
(iv) Willful neglect of duty. 22
(2) Before removing a member, the State Board shall send the member a 23
copy of the charges against him and give him an opportunity within 10 days to request a 24
hearing. 25
(3) If the member requests a hearing within the 10–day period: 26
(i) The State Board promptly shall hold a hearing, but a hearing 27
may not be set within 10 days after the State Board sends the member a notice of the 28
hearing; and 29
SENATE BILL 852 3
(ii) The member shall have an opportunity to be heard publicly 1
before the State Board in his own defense, in person or by counsel. 2
(4) A member removed under this subsection has the right to a de novo 3
review of the removal by the Circuit Court for Washington County. 4
[(e)] (F) (1) In this section, “Washington County Delegation” means the 5
Senators and Delegates in the General Assembly of Maryland who are elected to represent 6
Washington County or any portion of Washington County. 7
(2) There is a Washington County School Board Nominating Commission. 8
(3) The Commission shall consist of the following six voting members: 9
(i) One member appointed by the Senate members of the 10
Washington County Delegation; 11
(ii) One member appointed by the Delegate member s of the 12
Washington County Delegation; 13
(iii) One member appointed by the county board; and 14
(iv) The following three members appointed by the County 15
Commissioners: 16
1. One member representing the Washington County 17
business community; 18
2. One member representing the Washington County 19
Citizens Advisory Council; and 20
3. One member representing the Washington County 21
educational community. 22
(4) (i) The Chairman of the Commission shall be a member of the public 23
appointed by the County Commissioners. 24
(ii) The Chairman may not be a member of either the county board 25
or the Washington County Delegation. 26
(iii) The Chairman is a nonvoting member of the Commission who 27
shall vote only when there is a tie vote among the voting members of the Commission. 28
(5) The County Commissioners shall provide the staff for the Commission. 29
(6) The Commission shall: 30
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(i) Advertise the vacancy and provide the procedures for filling the 1
vacancy in at least one medium accessible to the general public, which includes: 2
1. A newspaper of general circulation in the region; or 3
2. An electronic posting on the local school system website; 4
and 5
(ii) Before selecting any nominees, hold at least one public hearing. 6
(7) Within 30 days of the vacancy occurring, the Commission shall submit 7
the names of no more than three nominees to the County Commissioners for their 8
consideration. 9
(8) Within 15 days after receiving the names of the nominees provided by 10
the Commission under paragraph (7) of this subsection, the County Commissioners shall 11
select an individual to fill the vacancy on the county board. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
1, 2024. 14