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103 Op. Md. Att'y Gen. 3 (2018)

handle is hein.sag/sagmd0107 and id is 1 raw text is: ZONING AND PLANNING STATUTORY CONSTRUCTION - BOARDS OF APPEALS - WHETHER ALTERNATE MEMBERS OF BOARDS OF APPEALS UNDER § 4-302 OF THE LAND USE ARTICLE MUST HAVE THREE-YEAR TERMS - WHETHER A LOCALITY IS REQUIRED TO DESIGNATE AN ALTERNATE MEMBER. August 23, 2018 The Honorable Bridget Donnell Newton Mayor, City ofRockville On behalf of the City of Rockville, you have asked for our opinion on two questions concerning alternate members of local zoning boards of appeals under § 4-302 of the Land Use Article. That section provides that a local board of appeals must consist of at least three members appointed by the local executive and confirmed by the legislative body, Md. Code Ann., Land Use (LU) § 4-302(a), (b) (2012 & 2017 Supp.), and that the legislative body shall designate one or more alternate members for the board of appeals who may sit on the board when another member of the board is absent or recused. LU § 4-302(f)(1). The term for a member of a board of appeals is 3 years, but the statute does not explicitly provide that this three-year term applies to a board's alternate members. Your questions are: 1. May the Mayor and Council appoint an alternate member of the board of appeals for a one-year term? 2. Does the law require the Mayor and Council to appoint an alternate member? In our opinion, the term of an alternate member of a board of appeals is the same as that of a regular member-three years-and therefore a locality may not designate an alternate member to serve for a one-year term. We further conclude that the statute requires legislative bodies to designate an alternate member; that is to say, it is the legislative body's duty to do so, not simply a matter of discretion.' 1 In keeping with our procedures for addressing an opinion request from a local government, you provided the City Attorney's analysis of these questions. The City Attorney advised that the term for the designated alternate member should be the same as that for the appointed members because the statute does not provide for any other length of 3

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