In accordance with Section 202 of this Charter, the Council may enact public local laws for the peace, good government, health, safety or welfare of the County. It may repeal and amend the local laws for the County heretofore enacted by the General Assembly as provided by law.
Except during the month of November in the year in which Council
members are elected, the Council may enact legislation on the first
and third Tuesdays of each month, and on any additional days the Council
may determine necessary. When the first or third Tuesday is a legal
holiday, the next succeeding Tuesday shall be a day for the enactment
of legislation. In no event shall the Council sit for more than 45
days in a calendar year for the purpose of enacting legislation.
(a)
Three Council members shall constitute a quorum for the transaction
of legislative business.
(b)
Legislative sessions shall be open to the public, advertised in advance,
with such notice to include using electronic media such as the County
website, and shall comply with all requirements for open meetings
provided by law.
(c)
The Council shall provide for the keeping of a journal, which shall
be open to public inspection during normal business hours. Copies
of the minutes of legislative sessions shall be posted within 24 hours
after approval on a bulletin board maintained in a public place by
the government and shall appear on the County website or otherwise
be published using electronic media.
(d)
Voting on legislation shall be by roll call, except on procedural
motions. The ayes and nays shall be recorded in the journal.
(e)
The Council may adopt and publish additional rules of legislative
procedure that may be desirable and not in conflict with this Charter.
(a)
The Council may enact no law except by written bill.
(b)
A bill shall embrace one subject. The subject shall be described
in its title. No law may be enacted, revised, or amended by reference
to its title alone. The duty of the Council shall be to enact the
same format and arrangement of words as the legislation would read
when it becomes law.
(c)
A bill may be introduced by one or more Council members at a legislative
session. A bill and each copy of the bill shall bear the name or names
of the Council member(s) introducing the bill and the date of introduction.
(d)
On the date a bill is introduced, the Council shall either reject
the bill by an affirmative vote of at least four Council members or
the President of the Council shall schedule a public hearing on the
bill. Within 72 hours of its introduction, a copy of the bill, with
notice of the date, time, and place of the public hearing, shall be
placed on an official bulletin board maintained in a public place
by the government and shall appear on the County website or otherwise
be published using electronic media. Before a public hearing on a
bill, the title and a fair summary of the bill and the date, time,
and place of the public hearing shall be published at least once each
week for two successive weeks in a newspaper of general circulation
in the County. If the Council determines that no such newspaper exists
in the County, the Council shall use whatever media it deems most
suited to satisfy the public notice requirements of this subsection.
The President of the Council may schedule more than one public hearing
on a bill, provided the publication and notice requirements of this
subsection are met for each hearing.
(e)
After a public hearing, the Council may enact a bill into law, with
or without amendment, by an affirmative vote of at least three Council
members. In the event a bill is amended before enactment, and the
amendment or amendments constitute a change of substance, the bill,
as amended, shall not be enacted into law until the bill meets the
public hearing, notice, and publication requirements of a newly introduced
bill.
(f)
A bill not enacted within 65 days of introduction is void. A bill
not enacted prior to the month of November in any year in which Council
members are elected to office is void.
(a)
A law may be enacted under this section in the event of an emergency, as that term is defined in Section 104 of this Charter. The emergency law shall not create or abolish an office; grant a franchise or special privilege; create a vested right or interest; or change the compensation, term, or duty of any officer.
(b)
A law enacted under this section shall be plainly designated as an
emergency law and shall describe the nature of the emergency. On the
date a bill is introduced, the President of the Council shall schedule
a public hearing as soon as possible under the circumstances, but
with reasonable notice. A copy of the bill and notice of the date,
time, and place of the public hearing shall be posted as soon as reasonably
possible, under the circumstances, on the official bulletin board
maintained by the government and on the County website or otherwise
published using electronic media, if circumstances allow such publication.
(c)
After a public hearing, an emergency bill may be enacted into law
by an affirmative vote of a majority of the Council members present.
The emergency law shall terminate no later than six months after the
date of enactment.
(a)
Except as otherwise provided in this section, within 10 business
days after the passage of any legislation, the Council shall deliver
the legislation to the Executive for approval or veto. If the Executive
takes no action to approve or veto the legislation within 10 business
days after receipt, it shall be deemed approved as if the Executive
had approved it.
(b)
If the Executive approves the legislation, it shall take effect as
provided in this Charter.
(c)
If the Executive vetoes the legislation, the Executive shall return
it to the Council together with reasons for the veto stated in writing.
Not later than the next legislative session immediately following
the receipt of the vetoed legislation, the Council may override the
veto by the affirmative vote of four members of the Council.
(d)
The Executive shall not veto the annual budget and appropriation
law.
An emergency law shall take effect on the date of enactment. The Annual Budget and Appropriations Ordinance shall take effect on the first day of the fiscal year to which it applies. All other laws shall take effect 60 calendar days after enactment, except in the event a law provides for a later effective date or is referred to the voters under Section 308 of this Charter.
(a)
Except for the following, a law, or part of a law, enacted pursuant
to this Charter may be referred to the voters for approval upon the
filing of a petition signed by 10% of the registered voters of the
County:
(b)
A petition to refer a law, or portion of a law, to the voters of
the County may consist of several papers, but each paper shall contain
the full and accurate text of the law, or part of the law, that is
subject to the petition. There shall be attached to each paper of
signatures filed with a petition an affidavit of the person procuring
those signatures. The affidavit shall state that the signatures were
affixed in the person's presence and that, based upon the person's
best knowledge and belief, every signature on the paper is genuine
and bona fide and that the signers are registered voters of the County
at the address set opposite or below their names.
(c)
No later than 59 days following the date a law is enacted, a petition
to refer the law, or portion of law, to the voters under this section
may be filed with the Board of Supervisors of Elections for the County.
(d)
Whenever a petition complying with all the provisions of law and
this Charter is filed, the referred law, or the referred portion of
law, shall not take effect until 30 days after approval by a majority
of voters.
(e)
A law, or portion of law, shall be submitted to the voters pursuant
to this section voting either at: (1) the next general election for
members of the United States Congress; or (2) a special election called
by the Council, which shall be held not less than 30 days and not
more than 90 days following the filing of a valid petition pursuant
to this section. A special election is prohibited whenever members
of the United States Congress are to be elected at a general election
within 180 days of the filing of a valid petition under this section.
(f)
A law enacted as an emergency law shall remain in force from the
date the law becomes effective, notwithstanding the filing of a petition
for referendum, but the law, or portion of the law, shall stand repealed
immediately after rejection by a majority of voters voting on the
law or portion of law.
The Council shall cause a fair summary of all laws enacted,
amended, or repealed under this Charter to be published promptly at
least once in a newspaper of general circulation in the County and
on the County website or otherwise be published using electronic media.
At intervals not greater than every 10 years, the Council shall
cause all local laws of the County which are of general application
and continuing force in the County to be codified. The codification
shall be known as "The Code of Cecil County, Maryland." The publication
shall contain an index and appropriate notes, citations, annotations,
and appendices as the Council determines.
