[Added 9-15-2020 by Bill
No. 2020-08]
Pursuant to authority currently codified as § 10-303(c)(3),
part of the Express Powers Act, of the Local Government Article, the
Council may remove someone from his or her office for violation of
a local law of the County or regulation adopted thereunder, provided
that:
A.
The law or regulation expressly provides that violation thereof is
grounds for such removal.
B.
The Council has by majority vote of the entire Council decided that
such grounds exist and provided written notice to the person that
identifies the law or regulation and describes his or her conduct
in violation thereof, together with notice of the date, time and place
when the Council will meet to consider any documentary evidence or
written statements that the person desires to submit and, if requested
by the person, decide whether to hold a hearing to receive oral testimony.
C.
At the meeting for the purpose described in the preceding subsection
and any hearing that the Council may hold to receive oral testimony,
the person may be represented by legal counsel, who may address the
Council, question any witnesses in reasonable detail and present argument
and written briefs or memoranda.
D.
After the meeting and a subsequent hearing, if any, it may decide
to hold, the Council may remove the person by majority vote of the
entire Council and shall present a written explanation of the basis
for its decision if it decides to do so. At any time the Council may
decide by majority vote of the entire Council not to remove the person
from his or her office.
A decision by the Council to remove someone from office shall
be final and not subject to challenge or appeal, including by means
of judicial review, except as may be required by applicable law.
If, after being removed from office, the person continues to
act or purports to act in that office, he or she shall be guilty of
a misdemeanor and subject to a fine not to exceed $1,000.
