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Terms Used In Maryland Code, LOCAL GOVERNMENT 30-104

  • Ex officio: Literally, by virtue of one's office.
  • Oath: A promise to tell the truth.
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(a) (1) The Board consists of the following members elected from the Department:

(i) one member of the rank of major or higher;

(ii) one member of the rank of deputy major;

(iii) one member of the rank of lieutenant;

(iv) one member of the rank of sergeant;

(v) three patrol officers; and

(vi) one civilian employee.

(2) The Director of Fiscal Affairs Division of the Department serves as an ex officio member.

(b) (1) The elected members of the Board shall be elected at large by the officers and civilian employees of the Department.

(2) (i) The term of an elected member is 4 years.

(ii) Elections are held every 2 years with the terms of the major or higher ranked member, sergeant, and two patrol officers ending at alternate 2-year periods with those of the deputy major, lieutenant, one patrol officer, and the civilian employee.

(iii) At the end of a term, a member continues to serve until a successor is elected.

(3) (i) Nominations for elected members shall be submitted in writing to the secretary of the Board at least 15 days before the election.

(ii) 1. Nominations for elected members shall be signed by at least 20 officers or civilian employees of the Department.

2. No more than half of the individuals signing the nomination may be from the same district or unit.

(4) The nominees who correspond to the vacancies on the Board and receive the highest number of votes shall be declared elected.

(5) Elections may be held concurrent with the election of members to the Personnel Service Board as provided in the Code of Public Local Laws of Baltimore City, 1979 Edition, § 16-12.

(c) (1) A vacancy on the Board shall be filled for the remainder of the unexpired term from the nominees of comparable rank or status who received the next highest number of votes in descending order from the nominees actually elected during the preceding election.

(2) If there is no nominee available as provided in paragraph (1) of this subsection, the Board shall elect from the Department at large a member of the same rank or status to serve for the remainder of the unexpired term.

(d) (1) A Board member shall take an oath of office that the member will diligently and faithfully perform the duties of a member in accordance with law.

(2) The oath shall be administered by the Clerk of the Circuit Court for Baltimore City, subscribed by the Board member making it, within 10 days after the Board member’s term begins, and filed in the Clerk’s office.

(e) A Board member:

(1) may not receive compensation as a member of the Board; but

(2) shall be reimbursed from the Fund for expenses.

(f) (1) Each Board member is entitled to one vote.

(2) Five members are a quorum.

(3) The Board shall act by majority vote.

(4) From among its members, the Board shall elect officers.

(g) The Board may adopt rules and regulations providing for:

(1) the amount of benefits;

(2) the administration of the Fund; and

(3) the transaction of the Board’s business.

(h) (1) The legal adviser to the Department is the legal adviser to the Board.

(2) On request of the Board, the legal adviser shall assist and advise the Board during the conduct of a hearing.

(i) The Board may sue and be sued.

(j) The Board shall adopt an official seal.

(k) A Board member:

(1) may be liable only for the member’s own negligence or default; and

(2) is not liable for the conduct of any predecessor or cotrustee or any agent, representative, custodian, or depository selected with reasonable care.