Mont. Co. Councilmember Dawn Luedtke Insists Council Does not Have Power to Remove Board of Education Members.

[Anonymous]

Not one Councilmember Corrects Her. She was Wrong.

[Anonymous]

BOE are state employees, no? Salary determined by Council, I think, so perhaps they could cut the de minimis, there, if they were unhappy, but it then would be on the Governor or State BOE (or maybe State Superintendent) or State Legislature to make a decision to remove -- not sure which.

Voters might petition to hold a referendum for a recall, and maybe that would be facilitated by the Council through the MoCo Board of Elections. All very unlikely, I'd suppose.

Corrections to the above are welcome, as it's just an educated guess.

[Anonymous]

Anonymous wrote:BOE are state employees, no? Salary determined by Council, I think, so perhaps they could cut the de minimis, there, if they were unhappy, but it then would be on the Governor or State BOE (or maybe State Superintendent) or State Legislature to make a decision to remove -- not sure which.

Voters might petition to hold a referendum for a recall, and maybe that would be facilitated by the Council through the MoCo Board of Elections. All very unlikely, I'd suppose.

Corrections to the above are welcome, as it's just an educated guess.

And wrong.

[Anonymous]

Why would they/should they?

[Anonymous]

Anonymous wrote:Why would they/should they?

It's the law. They can remove Board of Education members.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Why would they/should they?

It's the law. They can remove Board of Education members.

But for what reason?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why would they/should they?

It's the law. They can remove Board of Education members.

But for what reason?

DP. For immorality, misconduct in office, incompetency, or willful neglect of duty - or at least that's what the law says. What the OP has in mind, I can't possibly guess and almost certainly don't even want to know.

MD. Education Code § 3-901:

(g) (1) The Montgomery County Council may remove a member of the county board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the County Council shall provide the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10–day period:

(i) The County Council promptly shall hold a hearing, but a hearing may not be set within 10 days after the County Council sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the County Council in the member’s own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Montgomery County.

[Anonymous]

Why should I care about this?

[Anonymous]

Anonymous wrote:Why should I care about this?

You shouldn't. This is only for people who live in Montgomery County and have children in MCPS.

[Anonymous]

Yes, the county council can remove a BoE member for cause. How often has it happened in the past?

[Anonymous]

Anonymous wrote:Yes, the county council can remove a BoE member for cause. How often has it happened in the past?

I heard they can't and only the governor or legislature has the authority. Can you cite the law that makes you believe otherwise?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes, the county council can remove a BoE member for cause. How often has it happened in the past?

I heard they can't and only the governor or legislature has the authority. Can you cite the law that makes you believe otherwise?

I believe that's the question.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Why should I care about this?

You shouldn't. This is only for people who live in Montgomery County and have children in MCPS.

I do both. Why should I care?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes, the county council can remove a BoE member for cause. How often has it happened in the past?

I heard they can't and only the governor or legislature has the authority. Can you cite the law that makes you believe otherwise?

It was already cited above: MD. Education Code § 3-901

[Anonymous]

Anonymous wrote:Not one Councilmember Corrects Her. She was Wrong.

NP here.

OP - What is your source for this information and why does it matter so much that you thought it worthy of a post on DCUM?