HARRY HUGHES, Governor                                903

REVISOR'S NOTE: Subsections (a), (b), and (c)(1) and
(5) of this section are new language derived
without substantive change from the first,
second, fourth, and fifth sentences of former
Article 43, § 568J.

Subsection (c)(2) of this section is new language
added to reflect the continuing stagger created
under the third sentence of former Article 43, §
568J, which specified the terms of the initial
members and which is deleted as obsolete.

Subsection (c)(3) of this section is standard
language added to provide for gaps in membership
by indicating that a member serves until a
successor takes office. This provision is
supported by the cases of Benson v. Mellor, 152
Md. 481 (1927) and Grooms v. LaVale Zoning Board,
27 Md. App. 266 (1975).

Subsection (c)(4) of this section also is added
as standard language. It follows from the
requirement that there be staggered terms. An
inherent aspect of staggered terms is that they
must begin and end at set intervals. For
circumstances under which subsection (c)(4) of
this section applies, see the General Revisor's
Note to this article.

Subsection (c)(5) of this section is revised in
standard language used to state a limitation on
successive terms. Thus, the word "full" is added
to modify the reference to "4-year terms". This
addition resolves any ambiguity that a member
appointed under subsection (c)(4) of this section
to serve the remainder of a vacant term might be
limited to that term and then only 1 full term.
Under this revision, a member who is appointed to
the remainder of the term is eligible for
reappointment to 2 additional full terms.

Also, the phrase "may not be reappointed for 4
years after completion of those terms" is
substituted for the reference to "appointment to
more than". This substitution clarifies that the
limitation addresses a 4-year period and does not
prohibit appointment after that period. This
substitution is patterned after the limitation on
successive terms for members of county advisory
councils on alcoholism, in § 8-313 of this
article.

Defined terms: "Commission" § 19-201
"Facility" § 19-201