[Amended 8-23-2006 by Res. No. 2006-20, effective 10-12-2006; 12-16-2009 by Res. No. 2009-21, effective 1-25-2010; 4-1-2020 by Res. No. 2020-01, effective 4-1-2020]
All legislative powers of the Town shall be
vested in a body designated as "The Commissioners of St. Michaels,"
consisting of five Commissioners who shall be elected as hereinafter
provided and who shall hold office for a term of four years or until
their succeeding Commissioners take office, except when a Commissioner
is filling a vacancy. A Commissioner appointed or elected to fill
a vacancy, as provided in § C-35 of this Charter, may hold
office for a term of two years or less, unless an election is postponed
pursuant to § C-31B of this Charter, in which case such
Commissioner shall hold office until his or her successor takes office.
The regular term of Commissioners shall expire on the second Wednesday
in the month of June following the election of their successors, unless
an election is postponed pursuant to § C-31B of this Charter,
in which case the term of Commissioners shall expire on the second
Wednesday in the month following the month in which their successors
are elected. Commissioners holding office at the time this Charter
becomes effective shall continue to hold office for the term for which
they were elected until the succeeding Commissioners take office under
the provisions of this Charter. The legislative body of the Town,
consisting of five Commissioners, shall sometimes hereafter be referred
to as "the Commissioners," or "the Commission."
[Amended 5-13-1986, effective 6-22-1986]
Each Commissioner shall have resided in the
Town for at least two consecutive years immediately preceding his
or her election, shall be a qualified voter of the Town and must reside
in the Town during his or her term as Commissioner.
Each Commissioner shall receive an annual salary
which shall be equal for all Commissioners and shall be as specified
from time to time by an ordinance passed by the Commissioners in the
regular course of its business; provided, however, that the salary
specified at the time any Commissioner takes office shall not be changed
during the period for which that Commission was elected. The ordinance
making any change in the salary paid to the several Commissioners,
either by way of increase or decrease, shall be finally ordained prior
to the municipal election for the members of the next succeeding Commission
or a Commission subsequent thereto, and shall take effect only as
to the members of the next succeeding Commission, or a Commission
subsequent thereto.
[Amended 8-26-2009 by Res. No. 2009-17, effective 10-6-2009; 4-1-2020 by Res. No. 2020-01, effective 4-1-2020]
The newly elected Commission shall meet at 5:00
p.m. on the second Wednesday in the month of June following its election,
unless an election is postponed pursuant to § C-31B of this
Charter, in which case the newly elected Commission shall meet at
5:00 p.m. on the second Wednesday in the month following the month
in which the Commission is elected, for the purpose of organization,
after which the Commission shall regularly meet at such times as may
be prescribed by its rules but not less frequently than once each
month. Special meetings shall be called by the Town Clerk upon the
request of a majority of the members of the Commission. All meetings
of the Commission shall be open to the public, except in appropriate
circumstances when meetings may be closed in accordance with Subtitle
5 of Title 10 of the State Government 3 Article, Open Meetings Act,
of the Annotated Code of Maryland as amended from time to time. The
rules of the Commission shall provide that residents of the Town shall
have a reasonable opportunity to be heard at any meeting open to the
public in regard to any municipal question.
The Commissioners shall be the judges of the
election and qualifications of its members.
[Amended 8-23-2006 by Res. No. 2006-20, effective 10-12-2006; 12-16-2009 by Res. No. 2009-21, effective 1-25-2010; 4-1-2020 by Res. No. 2020-01, effective 4-1-2020]
The newly elected Commissioners shall take office
on the second Wednesday in the month of June following a regular election;
provided, however, if an election is postponed pursuant to § C-31B
of this Charter, the newly elected Commissioners shall take office
on the second Wednesday in the month following the month of their
election. At the first regular meeting in June of each year, or following
an election that has been postponed pursuant to § C-31B
of this Charter, the five Commissioners shall have an election of
officers. The five Commissioners shall choose one of their number
for the positions of President, Vice President and Treasurer; the
newly elected officers shall serve a term of one year or until successors
have been duly elected and take office.
A.
President. The President shall chair meetings of the
Commissioners, shall possess all executive powers, shall be authorized
to sign and bind the Town on all contracts which have been approved
or accepted by the Commissioners, shall be an authorized check signer,
shall be ceremonial head of the Town government at all public functions,
and shall have such other powers and perform such other duties as
may be provided by the Charter or as may be required of him or her
by the Commissioners, not inconsistent with this Charter.
B.
Vice President. The Vice President shall chair meetings
of the Commissioners at which the President is not in attendance and
shall assume the duties of the President in the event that he or she
is absent or incapacitated. The Vice President shall be an authorized
check signer.
[Amended 5-13-1986, effective 6-22-1986]
C.
Treasurer. The Treasurer shall supervise and be responsible
for the disbursement of all moneys and have control over all receipts.
The Treasurer shall be an authorized check signer.
[Amended 5-13-1986, effective 6-22-1986]
[Amended 8-23-2006 by Res. No. 2006-20, effective 10-12-2006]
Three of the members of the Commission shall
constitute a quorum for the opening and closing of meetings and the
transaction of business. At such meetings, a majority of the Commissioners
present shall decide the outcome of any matter voted upon except for
the passage of an ordinance or amendment to the Charter. No ordinance
or amendment to the Charter shall be approved without the favorable
votes of a majority of the whole number of members of the Commission.
The Commission shall determine its own rules
and order of business. It shall keep a journal of its proceedings
and enter therein the yeas and nays upon final action on any resolution
or ordinance, or at any other time if required by any one member.
The journal shall be open to public inspection.
Vacancies in the Commission shall be filled
as provided in § C-35 of this Charter.
No ordinance shall be passed at the meeting
at which it is introduced. At any regular or special meeting of the
Commission held not less than six nor more than 70 days after the
meeting at which an ordinance was introduced, it shall be passed,
or passed as amended, or rejected, or its consideration deferred to
some specified future date. In cases of emergency the provision that
an ordinance may not be passed at the meeting at which it is introduced
may be suspended by the affirmative votes of four members of the Commission.
Every ordinance, unless it be passed as an emergency ordinance, shall
become effective at the expiration of 20 calendar days from the date
of its passage. An emergency ordinance shall become effective on the
date specified in the ordinance, regardless of whether it has been
published prior to its effective date. No ordinance shall become effective
until approved by the Commission. A summary of each ordinance, the
date of its passage, its effective date, and the fact that the entire
text of the ordinance may be read on the bulletin board at the Town
office for 20 days following its passage shall be published at least
once each week for two successive weeks within 20 days following the
passage of each ordinance in a newspaper having general circulation
in the municipality. The exact text of each ordinance shall be posted
on the bulletin board in the Town office for 20 successive days following
its passage.
If, before the expiration of 20 calendar days a petition is filed with the Town Clerk containing the signatures of not less than 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 Commission 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 Commission'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 any part thereof, requested for referendum shall continue in effect for 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 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 § C-60, levying property taxes for the payment of indebtedness, but the provisions of this section shall apply to any ordinance, or any part thereof, levying special assessment charges under the provisions of Article IX, §§ C-86 and C-87. The provisions of this section shall be self-executing, but the Commission may adopt ordinances in furtherance of these provisions and not in conflict with them.
Ordinances shall be permanently filed by the
Town Clerk and shall be kept available for public inspection.
This Charter may be amended pursuant to the
Constitution of Maryland and in accordance with the Maryland Annotated
Code.
