(a) Appointments.
(1) In making appointments to groups, the appointing authority should consider the following criteria: interest, diversity of background and professions, relevant experience and expertise, and geographic balance. To promote broad participation, no individual should ordinarily serve more than 2 consecutive full terms or serve on more than one group at any one time. However, an individual may serve on more than one group at the same time if the law that created a committee requires or allows a member of that group to be selected from members of another County group.
(2) Any individual who has served 2 full terms on a group is not eligible to serve on the same group until one year has elapsed. The appointing authority may waive this restriction if:
(A) no other qualified applicant is available; or
(B) other unique circumstances justify the reappointment of the particular individual.
(3) Unless another term is established by the law, resolution, or executive order creating the group, the standard term for each appointment is 3 years, after any initial staggered term.
(4) A member must not continue to serve on a group after the member’s term has expired, and a successor has not been appointed and confirmed, for more than 6 months unless:
(A) another law expressly authorizes the member to serve longer; or
(B) the Executive has notified the Council why the member will continue to serve on the group.
(b) Removal for absenteeism.
(1) A member of a group who misses more scheduled meetings or hearings than the number of allowed absences, computed by the following table, or who misses 3 consecutive scheduled meetings, is automatically removed. Scheduled meeting or hearing means any meeting or hearing for which at least 7 days advance notice was given and which was held as scheduled
Number of Meetings Held in One Year
| Allowed Absences
|
1-4 | 1 |
5-8 | 2 |
9-12 | 3 |
13-16 | 4 |
17+ | 5 |
(2) An automatic removal under this subsection takes effect 30 days after the presiding officer notifies the appointing authority. The presiding officer of the group must promptly notify the appointing authority of any member who has been automatically removed and must explain any known extenuating circumstances. The presiding officer should send a copy of the notice to each member of the group.
(3) The appointing authority, on request of the affected member, may waive the removal for illness, emergency or other good cause. The appointing authority must notify the member whether a waiver has been granted.
(4) If a waiver has not been granted, the appointing authority must appoint a successor to complete the unexpired term, subject to Council confirmation if the original appointment was subject to Council confirmation.
(c) Other causes for removal.
(1) The appointing authority may remove a group member for:
(A) neglect of duty;
(B) misconduct in office;
(C) a member’s inability to perform the duties of the office;
(D) conduct that impairs a member from performing the duties of the office; or
(E) violation of law.
(2) Before a member is removed, the appointing authority must:
(A) notify the member in writing of the reason for removal; and
(B) give the member an opportunity to submit reasons why the member should not be removed.
(3) If any other provision of law requires the Council’s approval before a member is removed, that provision applies to a removal under this Section.
(4) If Council approval is not required before a member is removed, the appointing authority must notify the Council before the removal takes effect.
(d) Each member of a group must complete training on the Maryland Open Meetings Act, basic parliamentary procedure, and the Montgomery County Public Ethics Law. The Executive must establish standards for this training by method 2 regulation. (1979 L.M.C., ch. 22, § 1; FY 1991 L.M.C., ch. 9, § 1; 2005 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 11, § 1; 2022 L.M.C., ch. 33
, §1.)
Editor’s note—See County Attorney Opinion dated 11/5/92 explaining that statutes authorizing removal of appointed officials should be read narrowly, and absenteeism requirement should not apply to subcommittee meetings. See County Attorney Opinion dated 7/22/92 indicating that members of Adult Guardianship Review Board may serve unlimited terms.