[Revised 12-2012]
(a)
The Common Council shall consist of seven members and a Mayor who shall be elected as set forth in Article V. The Mayor and Council members shall each hold office for a term of two years, except as otherwise set out herein. The term of elected officers elected prior to May, 2010 shall begin at the close of the regular meeting in May and shall end at the close of the regular meeting in May of the final year of the term of office of such person, or until a successor takes office, whichever is later. The term of officers elected in May, 2010 shall begin at the close of the last regular meeting in may, 2010 and shall end at the close of the last regular meeting in June, 2012. The term of officers elected in May, 2011, shall begin at the close of the last regular meeting in may, 2011 and shall end at the close of the last regular meeting in June, 2013. All officers elected after May, 2011 shall take office at the close of the last regular meeting in June and their term shall end at the close of the last regular meeting in June of the final year of the term of office of such person, or until a successor takes office, whichever is later.
(b)
Commencing with the regular election to be held in May, 1981, no
person shall serve in the same elected position for more than three
(3) consecutive two-year terms; however, this provision shall not
apply to persons holding office on the date this provision is effective.
Commencing with the regular election in May, 2012, the Mayor may not
serve in the same elected position for more than four (4) consecutive
two-year terms.
The Mayor and Council members shall be at least twenty-five
(25) years of age, shall have resided in the Town at least two years
prior to the election, and shall be qualified and registered voters
of the Town. The Mayor must reside continuously in the Town during
his term of office. Each Council member shall reside continuously
in his respective ward during his term of office.
The Mayor and Council members shall receive such compensation
for their services as they may, by Ordinance establish; however, the
salary or compensation of any person serving as Mayor or a member
of the Common Council may not be increased during his term of office.
The Mayor and Council members may be reimbursed or paid for any expenses
incurred by them in the performance of their official duties on behalf
of the Town.
(a)
Regular Meetings. The Mayor and Common Council shall meet in a convenient place in the Town on or before the last Monday in May of each year, and as often thereafter as may be necessary to discharge their duties, provided, however, that they shall not meet less than once in every month. Special meetings may be called by the Mayor with the consent of a majority of the Council. The Mayor shall also call a special meeting at the request of a majority of the members of the Council. In the absence of the Mayor, a majority of the members of the Common Council, may call a special meeting for a specific purpose. No matters other than those for which the meeting is called may be considered. Upon convening such meeting the Council may elect a chairperson to preside at the special meeting. Except as otherwise provided in subsection (b) of this section, meetings of the Mayor and Common Council shall be open to the public and residents of the Town shall have reasonable opportunity to be heard at any meeting in regard to any municipal question.
[Revised 2012]
(b)
Executive Sessions. The Mayor and Common Council may, at any time,
upon call by the Mayor or a majority of the members of the Common
Council, meet in executive session. Attendance at such sessions shall
be limited to the Mayor, members of the Common Council, and such persons
who may be invited by the Mayor and Common Council. No Ordinance,
resolution, rule or regulation shall be finally adopted at an executive
session.
(c)
Whenever a special meeting or executive session is proposed to be
called, reasonable effort shall be made to notify all elected officials.
A record of which council members consented to or requested a special
meeting or executive session shall be kept and shall be made part
of the minutes for that meeting.
[Effective 4-19-1994]
A majority of the members of the Common Council shall constitute
a quorum for the transaction of business.
The Mayor and Common Council shall enact, by resolutions, rules,
and regulations consistent with the provisions of this Article for
their own government while in session. The Mayor shall preside at
all meetings of the Mayor and Common Council. They or their designee,
shall keep minutes of their proceedings which shall be maintained
as the official records of the Town. They shall enter in the minutes
the ayes and nays upon final action on any question, resolution or
Ordinance, or, at any other time, if required by any other member.
The minutes shall be open to public inspection during normal business
hours. Unless otherwise prescribed by Charter, the Council may act
on any matter by a vote of the majority of a quorum.
[Revised, effective 1-6-2004]
In the Mayor's absence Council members may elect one of their
members to perform the duties of the Mayor, and this member shall
have the authority of the Mayor for the period of the Mayor's absence.
At the first general council meeting in each calendar year, the Council
shall appoint one or more council member(s) to perform the duties
and exercise the authority of the Mayor, without further action by
Council, during an emergency when the Mayor is absent or otherwise
unable to act. An emergency is defined as a national or local event
requiring immediate availability and action.
[Revised 5-4-1993; 3-19-2002]
(a)
Vacancy in the Office of Mayor. In the event the Mayor dies, resigns,
is absent from two consecutive regular meetings of the Mayor and Common
Council without excuse, is removed from office, or is otherwise unwilling
or unable to complete his/her term, and there are fewer than one hundred
twenty (120) days remaining in the Mayor's term of office, the Common
Council shall elect one of its members to serve as Mayor for the unexpired
term. If there are one hundred twenty (120) or more days remaining
in said term of office, then a special election to fill the term for
that office shall be held in conformance with Section 507(c) of this
Charter.
(b)
Council Vacancies. In the event that any Council member dies, resigns,
is absent from two consecutive regular meetings of the Mayor and Common
Council without excuse, is removed from office, or is otherwise unwilling
or unable to complete his/her term, or where a Council member is appointed
to fill the unexpired term of the Mayor, and there are fewer than
one hundred twenty (120) days remaining in the Council member's term
of office, the Mayor shall appoint a successor, subject to the confirmation
of a majority of the members of the Common Council to serve the unexpired
term of the Council member. If there are one hundred twenty (120)
or more days remaining in said term of office, then a special election
to fill the term for that office shall be held in conformance with
Section 507(c) of this Charter.
Any elected official of the Town who, during his term of office,
is convicted of or enters a plea of nolo contendere to any crime which
is a felony or a misdemeanor related to his public duties and responsibilities
and involves moral turpitude for which the penalty may be incarceration
in any penal institution, shall be suspended by operation of law from
elective office. The suspension of such elected official and provision
for the filling of such office during this suspension shall be governed
by the provisions of Article XV, Section 3 of the Constitution of
Maryland.
(a)
In general, for the purpose of carrying out the powers granted in
this Charter, the Mayor and Common Council may pass all necessary
ordinances. All the powers of the Town shall be exercised in the manner
prescribed in this Charter or, if the Charter is silent, in such manner
as may be prescribed by Ordinance.
(b)
To ensure the observance of ordinances of the Town, the Mayor and
Common Council have the power to provide that such violation shall
be punishable as a misdemeanor, unless otherwise specified as an infraction,
and to affix thereto penalties of a fine not exceeding Five Hundred
Dollars ($500.00) plus costs or imprisonment for a period not exceeding
ninety (90) days or both such fine and imprisonment. Imprisonment
in default of the payment of fine and costs shall be regulated by
the provisions of Article 38, Section 4, Annotated Code of Maryland,
as amended from time to time. Any person subject to any fine, forfeiture,
or penalty by virtue of any Ordinance passed under the authority of
this Charter may within ten (10) days appeal the Circuit Court of
Prince George's County. Each day such violation continues shall constitute
a separate offense and the conviction for one violation shall not
be a bar to a conviction for a continuation of the same offense or
any subsequent violation.
(c)
In lieu of other provisions for penalties and enforcement, to ensure
the compliance with the ordinances and law of the Town, the Town may
provide that a violation of the ordinances and laws be designated
a municipal infraction. The definition, description and scope of municipal
infractions shall be contained in the Ordinances of the Town. A municipal
infraction shall be considered a civil offense.
(d)
All writs, summons and citations issued by the Town shall be served
by officers of the Town, Prince George's County, or the Prince George's
County Sheriff's Office.
(a)
Enactment. A proposed Ordinance shall be introduced only in written
or printed form, which shall indicate the sponsor(s) of said Ordinance.
A Council vote shall be required for introduction of a proposed Ordinance.
A proposed Ordinance shall be introduced at a regular meeting of the
Mayor and Common Council. Notice of the introduction of a proposed
Ordinance must be published in the Town newsletter. The notice shall
include a fair summary of the proposed ordinance, and state the earliest
meeting at which it may be considered for passage. No Ordinance shall
be passed at the meeting at which it is introduced but shall be passed,
amended and/or passed, rejected, or its consideration deferred to
some future date at a special or regular Council meeting held not
less than six (6) days nor more than one hundred and twenty (120)
days after the meeting at which it was introduced, unless otherwise
extended by a vote of the Council. In cases of emergency, any provision
that an Ordinance may not be passed at the meeting at which it is
introduced, and/or for the delay in the effective date of an Ordinance
may be suspended by the affirmative vote of four members of the Common
Council.
[Revised 7-12-2001]
(b)
Effective Date. Every Ordinance, unless passed as an emergency Ordinance,
shall become effective upon such date as the Common Council may prescribe,
but, in no event, less than twenty (20) calendar days following approval
by the Mayor, or passage by the Common Council over the Mayor's veto.
A complete and exact copy of the Ordinance shall be posted at the
main public place for a period of not less than ten (10) days following
its adoption and a fair summary thereof shall be published at least
once in a newspaper having general circulation in the community. An
emergency Ordinance shall become effective on the date specified on
the Ordinance but no Ordinance shall become effective until approved
by the Mayor or passed over the Mayor's veto.
(c)
Veto. All ordinances passed by the Council shall be promptly delivered
to the Mayor for his approval. If the Mayor approves any Ordinance,
he/she shall sign it. If the Mayor fails to sign the Ordinance within
fifteen (15) days of passage by the Common Council, it shall be considered
disapproved. The Mayor shall notify the Council of his intention to
disapprove an Ordinance no later than the fifteenth day after passage
of the Ordinance. Any Ordinance approved by the Mayor shall be law.
Any disapproved Ordinance shall not become a law unless subsequently
passed by a favorable vote of five members of the Common Council at
the next regular meeting of the Mayor and Common Council or at a special
meeting called to consider the proposed Ordinance.
(d)
Referendum. If, before the expiration of twenty (20) calendar days
following approval of any Ordinance by the Mayor or passage of any
Ordinance over the Mayor's veto, a petition is filed with the Clerk
containing the signatures of not less than twenty percentum (20%)
of the qualified voters of the Town and requesting that the Ordinance,
or any part thereof, be submitted to a vote of the qualified voters
of the Town for their approval or disapproval, the Common Council
shall have the Ordinance, or the part thereof requested for referendum,
submitted to a vote of the qualified voters of the Town at the next
regular town election or, in the Council's discretion, at a special
election occurring before the next regular election. No Ordinance,
or the part thereof requested for referendum, shall become effective
following the receipt of such petition until and unless approved at
the election by a majority of the qualified voters voting on the question.
An emergency Ordinance, or the part thereof requested for referendum,
shall continue in effect for sixty (60) days following receipt of
such petition. If the question of approval or disapproval of any emergency
Ordinance, or any part thereof, has not been submitted to the qualified
voters within sixty (60) days following receipt of the petition, the
operation of the Ordinance, or the part thereof requested for referendum,
shall be suspended until approved by a majority of the qualified voters
voting on the question at any election. Any Ordinance, or part thereof,
disapproved by the voters, shall stand repealed. The provisions of
this section shall not apply to any Ordinance, or part thereof, passed
under the authority of Sections 614 and 616, levying property taxes
for the payment of indebtedness. The provisions of this section shall
be self-executing, but the Common Council may adopt ordinances in
furtherance of these procedures.
[Revised, effective 3-17-2009; revised 2011]
Ordinances shall be permanently filed by the Clerk and made
available for public inspection at reasonable times during normal
business hours.
