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CITY OF BALTIMORE v. CLARK

No. 68 Sept. Term, 2006.

944 A.2d 1122 (2008)

404 Md. 13

MAYOR & CITY COUNCIL OF BALTIMORE, et al. v. Kevin P. CLARK.

Court of Appeals of Maryland.

March 20, 2008.

Attorney(s) appearing for the Case

Ralph S. Tyler, City Sol. (Joshua N. Auerbach, Asst. City Sol., Baltimore City Dept. of Law, on brief), Baltimore, for petitioners.

Neal M. Janey (Stuart O. Simms and A. Dwight Pettit, on brief), Baltimore, for respondent.

ARGUED BEFORE BELL, C.J., RAKER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ., and ALAN M. WILNER, J. (Retired, specially assigned).

BELL, Chief Judge.

The Appointment, term, and qualifications of the Police Commissioner of Baltimore City are prescribed by § 16-5(a) of the Code of Public Local Laws of Baltimore City (1997 Edition).1 As relevant, that section provides:

"The Police Commissioner of Baltimore City shall be appointed by the Mayor of Baltimore City, subject to confirmation by the City Council by a...

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