§ 5. Members of the Commission.

(a)

(1)

The Commission consists of 7 members.

(2)

(A)

The County Executive of Montgomery County shall appoint 2 members, subject to the confirmation of the Montgomery County Council.

(B)

Of these two appointees, one shall be designated by the County Executive to serve as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors.

(3)

(A)

The County Executive of Prince George's County shall appoint 2 members, subject to the confirmation of the Prince George's County Council.

(B)

Of these two appointees, one shall be designated by the County Executive to serve as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors.

(4)

(A)

The Governor shall appoint 2 members with the advice and consent of the Senate of Maryland.

(B)

One member shall be a resident of Montgomery County and 1 member shall be a resident of Prince George's County.

(5)

A Commissioner serving as a principal or an alternate member on the Washington Metropolitan Area Transit Authority Board of Directors:

(A)

May not hold any elected office in Federal, State, County, or Municipal government at any time during the term of their appointment to the commission, except as provided in paragraph (7) or (8) of this subsection;

(B)

May not have been employed by the Washington Metropolitan Transit Authority for at least 1 year prior to appointment to the commission;

(C)

Shall have experience in at least one of the following areas:

(i)

transit planning, transportation planning, or land use planning;

(ii)

transit management, transportation management, or other public sector management;

(iii)

engineering;

(iv)

finance;

(v)

public safety;

(vi)

homeland security;

(vii)

human resources

(viii)

law; or

(ix)

knowledge of the region's transportation issued derived from working on regional transportation issues.

(D)

Except for the Secretary of Transportation, or the Secretary's designee shall be a regular passenger and customer of the bus, rail, or paratransit services of the Washington Metropolitan Transit Authority; and

(E)

Shall submit annual reports, to the Governor and County Executives on or before January 31 of each year during the Commissioner's term of appointment, that apply to the previous calendar year and include:

(i)

the dates of the Commissioner's attendance at Washington Metropolitan Area Transit Authority Board of Directors meetings held since submission of the previous report, or the reasons for nonattendance at the meetings, if any;

(ii)

the dates of the Commissioner's attendance at any other public meetings in the Commissioner's official capacity as a Washington Metropolitan Area Transit Authority Board Member; and

(iii)

an affirmation of the Commissioner's use of the bus, rail, and paratransit services of the Washington Metropolitan Area Transit Authority since submission of the previous report.

(6)

(A)

The Secretary of Transportation shall be an ex-officio member of the Commission and is entitled to the same rights of membership as the appointed members.

(B)

The Secretary of Transportation may designate in writing an alternate representative, who shall have the same rights of membership as the Secretary.

(7)

(A)

At least 1 Commissioner from Prince George's County appointed by the County Executive shall be appointed from among the members of the Prince George's County Council.

(B)

The other Commissioner may be selected from among the members of the Prince George's County Council or from qualified residents of Prince George's County.

(8)

The County Executives may designate themselves as 1 of the Commissioners from their respective Counties.

(9)

Each Commissioner serves at the pleasure of the respective appointing official.

(10)

(A)

Commissioners, other than the required member from the Prince George's County Council, serve for a term of 4 years which begins on July 1, and a maximum of two consecutive terms.

(B)

The terms of the Commissioners, other than the required member from the Prince George's County Council, shall be staggered as required by the terms provided for Commissioners on October 1, 2012.

(C)

The Commissioner required from the Prince George's County Council serves while a member of the County Council, and at the pleasure of the County Executive and County Council of Prince George's County.

(11)

(A)

Subject to subparagraph (B) of this paragraph, Members of the Commission shall serve until their successors have been appointed and qualified or until the Member is reappointed by the appointing authority.

(B)

A Member's holdover period may not exceed 12 months.

(12)

The County Executives and the Governor shall inform the Commission of their appointments to and removals from the Commission by delivering to the Commission a certified copy of the resolution or other action making the appointment or causing the removal.

(13)

The County Executives and the Governor shall submit to the Secretary of Transportation an annual letter that establishes the compensation for each Commissioner serving as a principal or alternate member of the Washington Metropolitan Area Transit Authority Board of Directors by July 1 of each year, beginning July 1, 2013.

(14)

(A)

The following Commissioners shall serve as the Commission's appointees to be principal members of the Washington Metropolitan Area Transit Authority Board of Directors:

(i)

Subject to subparagraph (B) of this paragraph, the Secretary of Transportation, or the Secretary's Designee, as an ex officio principal member; and

(ii)

Subject to subparagraph (C) of this paragraph, one of the Commissioners appointed by the Governor under paragraph (4) of this subsection.

(B)

The Secretary of Transportation's designee under subparagraph (A)(i) of this paragraph:

(i)

Shall be an employee of the Department of Transportation;

(ii)

Shall have experience with and possess qualifications related to transit; and

(iii)

May attend meetings of the Washington Metropolitan Area Transit Authority Board of Directors on behalf of the Secretary only if a scheduling conflict arises.

(C)

The Commission's appointee under subparagraph (A)(ii) of this paragraph may not be succeeded in office by a Commissioner who is a resident of the same County.

(b)

Each Commissioner, before entering upon the discharge of the duties of his office, shall:

(1)

Take the Constitutional oath of office before the Clerk of the Circuit Court in the County in which he resides and a record of each oath shall be filed in the Office of the Clerk before whom it was taken; and

(2)

Give bond in the amount and as required by law for a County Commissioner, which bonds shall be executed by a Surety Company authorized by the State of Maryland to execute such bonds. Upon approval of such bond by the Commission, the premium for such bond, which shall not exceed one-half of one (1) percent per annum of the penalty of the bond so executed and approved, shall be paid by the Commission from any funds available therefor.

(Laws 1965, Ch. 870; Laws 1970, Ch. 467, Ch. 526; Laws 1972, Ch. 444; Laws 1963, Sec. 83A-5; Laws 1992, Ch. 22; Laws 1992, First Special Session, Ch. 3; Ch. 433, Laws of Md., 2012; Laws 2018, Ch. 353, 354)

Editor's note

2018, Chapters 353 § 2 and 354 § 2 authorizes an existing Commissioner of the Washington Suburban Transit Commission appointed as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors to continue to serve as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors until the expiration of the Commissioner's current term.