[HISTORY: Adopted by the Town Council of the Town of Indian
Head as part of Ch. II of the 1978 Code (Ch. 3, Arts. I, II and III,
of the 1991 Code). Amendments noted where applicable.]
A. The
newly elected Council shall meet on the first Monday following its
election for the purpose of organization, after which the Council
shall meet regularly at such time as may be prescribed by its rules,
but not less frequently than once each month.
B. All
open meetings shall be held in a public place within the Town, save
those times when extraordinary citizen attendance requires a larger
meeting facility, which, with the consent of the majority of the Council,
may be located outside the Town. Any such change in location shall
require reasonable advance public notice.
C. The
Mayor shall call special meetings of the Council whenever, in his
opinion, the public business may require or at the express request
of any member of the Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D. All
meetings of the Council shall be open to the public, and the rules
of the Council shall provide that residents of the Town shall have
a reasonable opportunity to be heard at any meeting in regard to any
municipal question. Nothing contained herein shall be construed to
prevent any such body from holding an executive session from which
the public is excluded, but no ordinance, resolution, rule or regulation
shall be finally adopted at such an executive session.
E. The
Council may provide by resolution for the Mayor or a Council member
to participate in a duly called and convened meeting of the Town Council
from a remote location by electronic means, provided that the remote
participant can hear persons participating in the meeting at the meeting
location and persons at the meeting location can hear the remote participant.
[Added 1-4-2016 by Ord.
No. 11-1-15]
All reports, communications, ordinances, resolutions, contracts,
documents or other matters to be submitted to the Council shall, at
least 48 business hours prior to each Council meeting, be delivered
to the Town Manager, whereupon the Town Manager shall immediately
arrange a list of such matters according to the order of business
and furnish each member of the Council with a copy of the same prior
to the Council meeting and as far in advance of the meeting as time
for preparation will permit.
[Amended 3-4-1991 by Ord. No. 2-1-91]
A. The
presiding officer of the Council shall be the Mayor of the Council.
After each election and following his designation as Mayor in accordance
with the procedures of the Indian Head Town Charter, the Mayor shall
assume the Chair of the presiding officer. The presiding officer shall
preserve strict order and decorum at all regular and special meetings
of the Council. He shall state every question coming before the Council,
announce the decision of the Council on all subjects and decide all
questions of order; subject, however, to an appeal to the Council,
in which event a majority vote of the Council shall govern and conclusively
determine such questions of order. He shall vote in the case of a
tie, his name being called last.
B. The
Mayor shall take the Chair precisely at the hour appointed for the
meeting and shall immediately call the Council to order. In the absence
of the Mayor, the Vice Mayor shall call the Council to order. Upon
the arrival of the Mayor, the Vice Mayor shall immediately relinquish
the Chair upon the conclusion of the business immediately before the
Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Before proceeding with the business of the Council, the Town
Clerk or his deputy shall call the roll of the members, and the names
of those present shall be entered in the minutes.
[Amended 1-4-2016 by Ord.
No. 11-1-15]
A majority of all the members elected to the Council shall constitute
a quorum at any regular or special meeting of the Council, except
that when the Mayor or a Council member participates in the meeting
from a remote location by electronic means, the remote participant
may not be counted towards the quorum.
[Amended 3-4-1991 by Ord. No. 2-1-91]
A. All
meetings of the Council shall be open to the public. Promptly at the
hour set on the day of each regular meeting, the members of the Council,
the Town Clerk, the Town Manager and the Mayor shall take their regular
stations in the Council chambers, and the business of the Council
shall be taken up for consideration and disposition in the following
order:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2) Approval of minutes of previous meeting.
(3) Petitions, remonstrances and communications.
(4) Introduction and adoption of resolutions and ordinances.
(5) Report of officers, boards and committees.
B. Executive
sessions may be held for those matters permitted under state law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Unless a reading of the minutes of a Council meeting is requested
by a member of the Council, such minutes may be approved without reading
if the Town Clerk has previously posted a copy thereof in a public
place.
A. Presiding
officer. The Mayor or such other member of the Council as may be presiding
may move, second and debate from the Chair, subject only to such limitations
of debate as are by these rules imposed on all members, and shall
not be deprived of any of the rights and privileges of a Councilman
by reason of his acting as presiding officer.
B. Getting
the floor; improper references to be avoided. Every member desiring
to speak shall address the Chair and, upon recognition by the presiding
officer, shall confine himself to the question under debate, avoiding
all personalities and indecorous language.
C. Interruptions.
A member, once recognized, shall not be interrupted when speaking,
unless it is to call him to order or as herein otherwise provided.
If a member, while speaking, is called to order, he shall cease speaking
until the question of order is determined and, if in order, he shall
be permitted to proceed.
D. Privilege
of closing debate. The Councilman moving the adoption of an ordinance
or resolution shall have the privilege of closing the debate.
E. Motion
to reconsider. A motion to reconsider any action taken by the Council
may be made only on the day such action was taken. It may be made
either immediately during the same session or at a recessed or adjourned
session thereof. Such motion must be made by one of the prevailing
side but may be seconded by any member and may be made at any time
and have precedence over all other motions or while a member has the
floor; it shall be debatable. Nothing herein shall be construed to
prevent any member of the Council from making or remaking the same
or any other motion at a subsequent meeting of the Council.
F. Remarks
of Councilman; when entered in minutes. A Councilman may request,
through the presiding officer, the privilege of having an abstract
of his statement on any subject under consideration by the Council
entered in the minutes. If the Council consents thereto, such statement
shall be entered in the minutes.
G. Synopsis
of debate; when entered in minutes. The Town Clerk may be directed
by the presiding officer, with consent of the Council, to enter in
the minutes a synopsis of the discussion on any question coming regularly
before the Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A. Any
person desiring to address the Council shall first secure the permission
of the presiding officer to do so; provided, however, that under the
following headings of business, unless the presiding officer rules
otherwise, any qualified person may address the Council without securing
such prior permission:
(1) Written communications. Interested parties or their authorized representatives
may address the Council by written communications in regard to matters
then under discussion.
(2) Oral communications. Taxpayers or residents of the Town and their
authorized legal representatives may address the Council by oral communications
on any matter concerning the Town business or any matter over which
the Council has control; provided, however, that preference shall
be given to those persons who may have notified the Town Clerk in
advance of their desire to speak, in order that the same may appear
on the agenda of the Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3) Reading of protests, etc. Interested persons or their authorized
representatives may address the Council by reading of protests or
communications relating to zoning, sewer and street proceedings, hearings
on protests, appeals and petitions or similar matters in regard to
matters then under consideration.
B. After
a motion is made by the Council, no person shall address the Council
without first securing the permission of the presiding officer so
to do.
C. Each
person addressing the Council shall give his name and address in an
audible tone of voice for the record and, unless further time is granted
by the Council, shall limit his address to 10 minutes. All remarks
shall be addressed to the Council as a body and not to any member
thereof. No person, other than the Council and the person having the
floor, shall be permitted to enter into any discussion, either directly
or through a member of the Council, without the permission of the
presiding officer. No question shall be asked a Councilman except
through the presiding officer.
A. By Council members. While the Council is in session, the members
must preserve order and decorum, and a member shall neither, by conversation
or otherwise, delay or interrupt the proceedings or the peace of the
Council nor disturb any member while speaking or refuse to obey the
orders of the Council or its presiding officer, except as otherwise
herein provided.
B. By persons. Any person making personal, impertinent or slanderous
remarks or who shall become boisterous while addressing the Council
shall be forthwith, by the presiding officer, barred from further
audience before the Council, unless permission to continue is granted
by a majority vote of the Council.
C. Enforcement of decorum. The Chief of Police, or such member or members
of the Police Department as he may designate, shall be Sergeant at
Arms of the Council meetings. He, or they, shall carry out all orders
and instructions given by the presiding officer for the purpose of
maintaining order and decorum at the Council meeting. Upon instructions
of the presiding officer, it shall be the duty of the Sergeant at
Arms to place any person who violates the order and decorum of the
meeting under arrest and cause him to be prosecuted under the provisions
of this Code, the complaint to be signed by the presiding officer.
No person, except Town officers or their representatives, shall
be permitted to be seated at the Council table, unless granted permission
to do so by the presiding officer.
All special committees shall be appointed by the Mayor and the
Council.
Any member shall have the right to have the reasons for his
dissent from or protest against any action of the Council entered
in the minutes.
A. Introducing for passage or approval.
(1) Ordinances, resolutions and other matters or subjects requiring action
by the Council must be introduced and sponsored by a member of the
Council, except that the Town Manager may present ordinances, resolutions
and other matters or subjects to the Council, and any Councilman may
assume sponsorship thereof by moving that such ordinances, resolutions,
matters or subjects be adopted; otherwise, they shall not be considered.
(2) All ordinances shall have two separate readings, but the second reading
shall never be had on the same day, except in the case of emergency.
(3) No ordinance shall relate to more than one subject, which shall be
clearly expressed in its title. No ordinance or section thereof shall
be amended or repealed unless the new ordinance contains the title
of the ordinance or section amended or repealed. When practicable,
all ordinances shall be introduced as amendments to existing ordinances
or sections thereof.
B. No ordinance shall be passed at the meeting at which it is introduced. At any regular or special meeting of the Council held not less than six days nor more than 60 days after the meeting at which an ordinance was introduced, it shall be passed or passed as amended or rejected or its consideration referred to some specified future date. In cases of emergency, the above requirements may be suspended by the affirmative votes of a majority of members of the Council. Every ordinance, unless it is passed as an emergency ordinance, shall become effective at the expiration of 20 calendar days following approval by the Council. A fair summary of each ordinance shall be published within two weeks of its introduction in a newspaper or newspapers having general circulation in the municipality. An emergency ordinance shall become effective as provided in §
C2-14C of the Town Charter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Amended 3-4-1991 by Ord. No. 2-1-91; at time of adoption
of Code (see Ch. 1, General Provisions, Art. III)]
All reports and resolutions and contracts defined in §
7-2 shall be filed with the Town Clerk and entered in the minutes.
A motion to adjourn shall always be in order and shall be decided
by a majority of the Council.
The legislative and executive powers of the Town of Indian Head
shall be vested in the Council, such term to include the Mayor and
two Councilmen and the Town Manager, respectively.
A. Powers of the Council enumerated.
[Amended 3-4-1991 by Ord. No. 2-1-91]
(1) General powers. The Council shall have the power to pass all such
ordinances not contrary to the Constitution and laws of the State
of Maryland, the Town Charter or this Code, as it may deem necessary
for the good government of the Town; for the protection and preservation
of the Town's property, rights and privileges; for the preservation
of peace and good order; for securing persons and property from violence,
danger or destruction; and for the protection and promotion of the
health, safety, comfort, convenience, welfare and happiness of the
residents of and visitors in the Town.
(2) Specific powers. The Council shall have, in addition, the power to pass ordinances not contrary to the laws and Constitution of this state, for the specific purposes outlined in § 5-202 of the Local Government Article of the Annotated Code of Maryland and §
C2-12 of the Town Charter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B. Powers and duties of Town Manager.
(1) Generally. The Town Manager shall see that the ordinances of the
Town are faithfully executed and shall be the chief executive officer
and the head of the administrative branch of the Town government.
(2) Appointments and removal of employees and heads of offices, departments
and agencies. The Town Manager, after consultation with the Council,
shall appoint the heads of all offices, departments and agencies of
the Town government as established by this Code or by ordinance. All
office, department and agency heads shall serve at the pleasure of
the Town Manager. All subordinate officers and employees of the offices,
departments and agencies of the Town government shall be appointed
and removed by the Town Manager in accordance with rules and regulations
in any merit system which may be adopted by the Council.
[Amended 3-4-1991 by Ord. No. 2-1-91]
(3) Reports and recommendations to Council. The Town Manager shall make
reports to the Council on the condition of municipal affairs and make
such recommendations as he deems proper for the public good and the
welfare of the Town.
(4) Supervision of financial administration of government. The Town Manager
shall prepare or have prepared annually a budget and submit it to
the Council. He shall supervise the administration of the budget as
adopted by the Council. He shall supervise the disbursement of all
moneys and have control over all expenditures to assure that budget
appropriations are not exceeded.
(5) Other powers and duties. The Town Manager shall have such other powers
and perform such other duties as may be prescribed by the Town Charter
or as may be required of him by the Council, not inconsistent with
the Town Charter.
[Amended 3-4-1991 by Ord. No. 2-1-91]
A. The general government operations of the Town shall be subdivided
for administrative purposes in the following manner, each subdivision
being designated a department and placed under the direct supervision
of a department head by the Town Manager.
B. The several departments shall be as follows:
(1) The Department of Records and Department of Finance. The head of
the Department of Records shall be the Town Clerk, and the head of
the Department of Finance shall be the Finance Officer. Said Departments
shall be responsible for the following operations and such other operations
as may hereinafter be assigned by the Town Council and/or the Town
Manager:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(a)
All financial affairs shall be the responsibility of the Finance
Officer, while records on operations of the Town shall be the responsibility
of the Town Clerk.
(b)
Assistance with the preparation of the annual operating and
capital budgets shall be the responsibility of the Finance Officer.
(c)
Assistance with the preparation of the annual financial (audit)
report shall be the responsibility of the Finance Officer.
(d)
Preparation of budget comparison as the Town Council or Town
Manager requires shall be the responsibility of the Finance Officer.
(e)
All purchases of goods and services will be maintained by the
Finance Officer.
(f)
Maintenance of all Town records shall be the responsibility
of the Town Clerk.
(2) The Department of Code Enforcement. The head of the Department of
Code Enforcement shall be the Code Enforcement Officer, and said Department
shall be responsible for the following operations and such other operations
as may hereinafter be assigned by the Town Manager, after consultation
with the Town Council:
(a)
Enforcement of all codes, rules and regulations pertaining to
health, sanitation, building, housing, subdivision of land, grading
and sediment control and plumbing.
(b)
The issuance of all building permits.
(c)
Performance of all inspections that the Town Manager may require.
(d)
Inspection of all in-house capital projects.
(e)
Supervision and inspection of all contracted capital projects.
(3) The Department of Public Works. The head of the Department of Public
Works shall be the Public Works Superintendent, and said Department
shall be responsible for the following operations and such other operations
as may hereinafter be assigned by the Town Manager, after consultation
with the Town Council:
(b)
Care and maintenance of all public buildings and grounds, save
the maintenance of water and sewer equipment.
(c)
Operation of the central maintenance garage and Town storage
building and supervision of storage and disbursement of all equipment
and supplies situated therein.
(d)
Maintenance of all public works equipment.
(e)
Supervision of all in-house capital projects.
(f)
Assistance to Engineer-Inspector with supervision and inspections
of noncontracted capital projects requiring use of rental equipment.
(g)
Supervision of in-house storm drainage construction and maintenance.
(h)
Supervision of improvements to all public parks and playgrounds.
(4) The Department of Water and Wastewater. The head of the Department
of Water and Wastewater shall be the Water and Wastewater Superintendent,
and said Department shall be responsible for the following operations
and such other operations as may hereinafter be assigned by the Town
Manager, after consultation with the Town Council:
(a)
Operations and maintenance of water treatment plants and sewage
treatment plants.
(b)
Maintenance and care of all equipment thereof.
(c)
Maintenance and repair of water and sewer distribution system.
(d)
Supervision and control of Town laboratory.
The provisions of this article shall not be construed in such
a manner as would render them in conflict with the provisions of the
Town Charter.
The Town Council reserves the right to add or abolish departments
within the plan of organization as may be necessary to carry forth
the intent and purpose of this article.