[HISTORY: Adopted by the Mayor and Council of the Town of Smithsburg 2-3-2004 as Ch. 2, Titles 2 and 3, of the 2004 Code. Amendments noted where applicable.]
Pursuant to the provisions of the Town Charter, the government of the Town shall be vested in and enforced by a Mayor and Council of five members who shall be elected by the inhabitants of the Town qualified to vote in Town elections, who have actually resided within the corporate limits of the Town as required by the Charter and whose names shall appear upon the books of registered voters as provided in the Town Charter and in Chapter 25, Elections, Article I, of this Code.
Candidates for the office of Mayor shall have resided in the Town for at least one year immediately preceding the election and must be a qualified voter of the Town.
Candidates for the office of Councilperson shall have resided in the Town for at least one year immediately preceding the election and must be a qualified voter of the Town.
The qualified voters of the Town shall elect three members of the Council on the second Tuesday of May 2004, and every four years thereafter, and two members of the Council and the Mayor on the second Tuesday of May 2006, and every four years thereafter.
Section 31-37 of the Charter of the Town of Smithsburg provides for the Council to fill vacancies in its membership or in the office of Mayor. This section implements the provisions of the Charter by establishing a procedure under which vacancies shall be filled.
At the meeting when the Council is notified of a vacancy, the Council may set a date to fill the vacancy.
The vacancy may be filled at a regular or special meeting by the favorable votes of a majority of the remaining members of the Council.
The Mayor and members of the Council shall receive as full compensation for their respective services the sums provided therefor by ordinance. Changes in the salary of the Mayor and members of the Council may be made by ordinance from time to time, but no ordinance effecting any such change shall become effective during the current term of office of the Mayor or Council, as the case may be, or any portion thereof. Salaries of the Councilpersons shall all be equal as provided in the Charter.
Salaries of the Mayor and members of the Council shall be paid in installments or otherwise, as provided by ordinance or resolution of the legislative body.
Prior to the May 2006 Town general election, the salary of the Mayor of the Town shall be $2,000 per annum. Commencing with the May 2006 Town general election, the salary of the Mayor of the Town shall be $3,000 per annum.
Prior to the May 2008 Town general election, the salary of the members of the Council shall be $1,000 per annum. Commencing with the May 2008 Town general election, the salary of the members of the Council shall be $1,500 per annum.
No member of the legislative body, during the term for which he was elected, shall be eligible for appointment to any other Town office for which any salary, emolument or other compensation is provided.
Subject to the provisions of the Charter, the Mayor and Council shall, by motion duly passed and entered in the minutes, fix the date and time of regular meetings of the legislative body.
Special meetings may be called by the Clerk-Treasurer at any time upon the request of the Mayor or by the majority of the members of the Council, upon reasonable notice to all members of the legislative body.
On the fourth Tuesday in May of each even-numbered year or, if such fourth Tuesday should fall upon a holiday, then the next succeeding business day, the newly elected and holdover members of the legislative body shall meet for the purpose of organizing the Town government. The newly elected members shall file with the Town Clerk-Treasurer the prescribed oath of office, and the legislative body shall then elect one of the Councilpersons to the office of Vice President of the Council. It shall then adopt such resolutions as provided in Subsection E of this section as it may consider appropriate, but all such then-existing resolutions not amended or repealed at this meeting shall continue in full force and effect. The legislative body shall then take such action as may be considered appropriate with respect to vacancies in Town offices which, by law, the Town Charter, this Code or other ordinance, are required to be filled by the Mayor and Council, provided that such appointments shall be made by the Mayor with the approval of the Council, if such approval is required by the Charter.
All meetings of the legislative body, whether regular, special or biennial, shall be open to the public at all times, but this shall not be construed to prevent the legislative body from holding executive sessions from which the public is excluded, but no ordinance, resolution, rule or regulation shall be finally adopted or approved at any such executive session.
The legislative body may, from time to time, adopt resolutions not inconsistent with state law, the Town Charter or this Code, providing for the order of business and rules of procedure at meetings, the appointment of standing and special committees and defining the jurisdiction, powers and duties of such committees and the conduct of its members at meetings, and such resolutions may impose penalties for the violation thereof by members and for unexcused absence from or tardiness in attendance at meetings.
Members of the legislative body who are designated as members of boards or commissions of the Town are expected to regularly attend the meetings of such boards or commissions, unless excused for good cause by the Mayor.
The Town Clerk-Treasurer shall keep a correct official journal or minutes of all proceedings of the legislative body and shall enter therein, among other items, the yeas and nays upon final action on all ordinances, resolutions and questions or at any other time when the entry of yeas and nays is called for by any member. The Town Clerk-Treasurer shall maintain a current file of reports, resolutions, ordinances, orders, proclamations and other acts of the Mayor and Council and shall certify to or attest to the correctness thereof when required or directed so to do by law, ordinance, regulation or resolution. He shall perform such other duties as the Mayor and Council shall, from time to time, require.
The legislative body may, by resolution or motion duly passed and entered in the journal, require such Town officers and employees as may be specified in such resolution or motion to attend any or all meetings of the legislative body, unless excused.
The Mayor shall be chief executive officer of the Town government and shall be responsible for the enforcement of the Town Charter, this Code and other ordinances. He shall, from time to time, and whenever so required by the Council, report to the Council the condition of municipal affairs and make such recommendations as he deems proper for the public good and the welfare of the Town. He shall have general supervision over all administrative departments and offices of the Town government, and he shall have such other powers and perform such other duties as may be required of him by state law, the Town Charter, this Code and other ordinances.