The provisions of this article relate to the transition from
the Commissioner form of government to the form of government provided
by this Charter. Whenever the provisions of this article are inconsistent
with the previous provisions of this Charter, the provisions of this
article shall control.
Except as expressly provided in this article, the provisions
of this Charter shall become operative on the date the first County
Executive, elected pursuant to this Charter, takes office, Monday,
December 3, 2012. For purposes of this Charter, said date shall be
termed "the effective date of the Charter."
(a)
The public local laws of the County and all rules, regulations, resolutions,
and ordinances enacted by the County Commissioners in force on the
effective date of the Charter shall continue in full force until repealed
or amended. To the extent that any of the public local laws of the
County or rules, regulations, resolutions, or ordinances, or any parts
thereof, are inconsistent with the provisions of this Charter, they
are repealed.
(b)
The provisions of Article 66B of the Annotated Code of Maryland,
as they relate to planning and zoning authority, stand adopted on
the effective date of the Charter to the extent they are not repealed
by the provisions of this Charter and shall remain in effect until
repealed, amended, or superseded.
All references in the Constitution and laws of the State of
Maryland to the Cecil County Commissioners shall be construed, at
the effective date of the Charter, to refer to the Council and/or
the County Executive whenever the construction would be reasonable.
All appointed officers and employees of the government holding
office at the effective date of the Charter, unless specifically abolished
by this Charter, shall continue to be employed at their existing compensation,
subject, however, to the provisions of any relevant personnel laws,
rules, or regulations. Provisions relating to the qualifications for
the appointed offices provided in this Charter shall become effective
whenever vacancies occur in the appointed offices after said date.
The members of all boards and commissions holding office at
the effective date of the Charter shall continue to hold the same
or corresponding office until completion of their terms of office,
unless removed in accordance with the provisions of this Charter.
At the effective date of the Charter, the Office of County Commissioner
shall cease to exist and all reference to the Office and the Board
of County Commissioners in the Maryland Constitution or in any law,
ordinance, rule, or regulation shall be construed to refer to the
Office of Council member or the Council and/or the Office of the County
Executive or the County Executive whenever the construction would
be reasonable.
At the effective date of the Charter: (a) the three County Commissioners
who reside in District 2, District 3 and District 4, respectively,
shall become Council members; and (b) the two candidates for the Office
of County Commissioner who were elected to office in November 2012
and who reside in District 1 and District 5, respectively, shall become
Council members. Together they shall exercise all of the powers provided
to the Council under this Charter.
(a)
The terms of office of the three Council members who reside in District
2, District 3 and District 4, respectively, as said districts were
comprised prior to the effective date of the Charter, shall expire
at such times as their successors, elected in November of 2014, shall
qualify for office.
(b)
The terms of office of the two Council members who reside in District
1 and District 5, respectively, as said districts were comprised prior
to the effective date of this Charter, shall expire at such times
as their successors, elected in November of 2016, shall qualify for
office.
On January 1, 2013, the Office of the County Treasurer shall
cease to exist. The powers and duties of said office shall be performed
by the Director of Finance, unless or until changed by law not inconsistent
with the Charter. Until a Director of Finance is appointed pursuant
to this Charter, the Executive shall provide for the performance of
the powers and duties of the abolished office. All references to the
Office of County Treasurer in any law, ordinance, rule, or regulation,
after the abolition of said office, shall be construed to refer to
the Director of Finance whenever such construction would be reasonable.
Elections by residency district, as provided by Section 204 of this Charter, shall first be conducted for: (a) District 2, District 3 and District 4 at the gubernatorial election of 2014; and (b) District 1 and District 5 at the presidential election of 2016.
