Charter
Of the
Town of Thurmont
Revision History
TABLE OF CONTENTS
ARTICLE I 8
CORPORATE NAME. 8
101. Corporate Name. 8
102. Definitions. 8
ARTICLE II 9
GENERAL CORPORATE POWERS. 9
201. Enumeration. 9
ARTICLE III 10
CORPORATE BOUNDARIES. 10
301. Description of Corporate Boundaries. 10
302. Public Filing of Corporate Boundaries. 10
ARTICLE IV.. 11
THE BOARD OF COMMISSIONERS. 11
401. Number, Selection, Term.. 11
402. Qualifications of Commissioners and the Mayor 11
403. Compensation of Commissioners and the Mayor 11
404. Meetings of the Board of Commissioners. 12
405. Reserved. 12
406. Reserved. 12
407. Eligibility for Holding Office. 12
408. Forfeiture of Office. 12
409. Mayor and Mayor Pro-Tem of the Board of Commissioners. 13
410. Quorum.. 13
411. Procedure of Board of Commissioners. 13
412. Procedure for Enactment of Resolutions and Ordinances. 14
413. File of Ordinances. 15
414. Procedure for Adoption, Amendment or Repeal of the
Charter 15
ARTICLE V.. 16
THE MAYOR.. 16
501. Powers and Duties. 16
ARTICLE VI 17
POWERS OF BOARD OF
COMMISSIONERS. 17
601. General Powers. 17
602. Enumeration of Specific Powers. 17
603. Exercise of Powers. 22
604. Enforcement 23
TABLE OF CONTENTS
ARTICLE VII 24
CHIEF Administrative OFFICER.. 24
701. Appointment; Qualifications; Compensation. 24
702. General Powers and Duties. 24
703. Enumeration of Specific Powers and Duties. 24
704. Delegation of Authority. 24
ARTICLE VIII 25
CHIEF FINANCIAL OFFICER.. 25
801. Appointment; Qualifications; Compensation. 25
802. General Powers and Duties. 25
803. Enumeration of Specific Powers and Duties. 25
ARTICLE IX.. 27
TOWN ATTORNEY.. 27
901. Appointment; Qualifications; Compensation. 27
ARTICLE X……………………………………………………………………………………...28
CHIEF OF POLICE.....…………………………………………………………………………..28
1001. Appointment;
Compensation…………………………………………………………..28
1002. General Powers and
Duties…………………………………………………………….28
1003. Enumeration of Specific Powers and
Duties…………………………………………..28
ARTICLE XI 289
REGISTRATION, NOMINATION, AND
ELECTIONS. 29
1101. Qualifications of Voters. 29
1102. Board of Supervisors of Elections. 29
1103. Notice of Elections. 30
1104. Registration. 30
1105. Appeal from Action of Board of Supervisors of
Elections. 30
1106. Nominations. 30
1107. Election of Mayor and Commissioners. 31
1108. Voting on Issues or Questions. 31
1109. Conduct of Elections. 32
1110. Absentee Voting. 32
1111. Special Elections. 32
1112. Vote Count 33
1113. Preservation of Ballots. 33
1114. Regulation and Control by Board of Commissioners. 33
1115. Recall of Elected Officials. 34
1116. Vacancies in Elective Office. 35
1117. Referenda. 35
TABLE OF CONTENTS
ARTICLE XII 37
FINANCE. 37
1201. Fiscal Year 37
1202. Proposed Budget 37
1203. Budget Adoption. 37
1204. Appropriations. 37
1205. Amendments After Adoption of Budget 38
1206. Over-Expenditure Prohibited. 38
1207. Lapse of Appropriations. 38
1208. Payment of Financial Obligations. 39
1209. Taxable Property. 39
1210. Tax Levy. 39
1212. Sale of Tax-Delinquent Property. 40
1213. Fees. 40
1214. Audit 40
1215. Authority to Borrow Money. 40
1216. Previous Issues. 41
1217. Purchasing and Contracts. 41
1218. Capital Reserve Fund. 41
ARTICLE XIII 43
PERSONNEL. 43
1301. Authority to Employ Personnel 43
1302. Merit System Authorized. 43
1303. Public Ethics. 43
1304. Retirement System.. 43
1305. Compensation of Employees. 43
1306. Employee Benefit Programs. 43
ARTICLE XIV.. 44
PUBLIC WAYS AND SIDEWALKS. 44
1401. Definition of Public Ways. 44
1402. Control of Public Ways. 44
1403. Public Ways; Powers. 44
1404. Sidewalks; Powers. 45
TABLE OF CONTENTS
ARTICLE XV.. 46
WATER AND SEWER.. 46
1501. Powers. 46
1502. Placing Structures in Public Ways. 46
1503. Obstructions. 47
1504. Connections. 47
1505. Charge for Connections. 47
1506. Improper Uses. 47
1507. Private Systems. 47
1508. Extensions Beyond Boundaries. 48
1509. Right of Entry. 48
1510. Pollution of Water Supply. 48
1511. Collection of Charges. 48
ARTICLE XVI 49
ELECTRICITY SUPPLY.. 49
1601. Powers. 49
1602. Placing Structures in Public Ways. 50
ARTICLE XVII 51
SPECIAL ASSESSMENTS. 51
1701. Power 51
1702. Procedure. 51
ARTICLE XVIII 52
CITY/TOWN PROPERTY.. 52
1801. Acquisition, Possession and Disposal 52
1802. Condemnation. 52
1803. Town Buildings. 52
1804. Protection of Town Property. 52
TABLE OF CONTENTS
ARTICLE XIX.. 53
GENERAL PROVISIONS. 53
1901. Oath of Office. 53
1902. Official Bonds. 53
1903. Prior Rights and Obligations. 53
1904. Misdemeanors. 54
1905. Municipal Infractions. 54
1906. Effect of Charter on Existing Ordinances. 54
1907. Separability. 55
This
Charter is the municipal corporation charter of the Town of Thurmont
(a)
The terms "town," "city," "municipality," or
"Municipal Corporation" shall each mean the Town of Thurmont.
The
inhabitants of the Town of Thurmont, within the corporate limits legally
established from time to time, are hereby constituted and continued as a body
corporate by the name of the "Town of Thurmont" with all the
privileges of a body corporate by that name to sue and be sued, to plea and be
impleaded in any court of law or equity, to have and use a common seal, and to
have perpetual succession, unless the Charter and the corporate existence are
legally abrogated.
The
limits of the Town of Thurmont shall be as they existed immediately prior to
the date of this Charter, subject to all rights, reservations, limitations and
conditions as may be set forth in all prior resolutions of annexation and in
the Charter of the Town in effect immediately prior to this Charter, and as may
be hereafter amended as provided by law.
The
courses and distances showing the exact corporate limits of the Town shall be
filed at all times with the Clerk of the Circuit Court for Frederick County
and the Director of the Department of Legislative Reference of the Maryland
General Assembly. In addition, a copy of
the courses and distances describing the corporate boundaries shall be on file
in the Town in a suitable book or place, properly indexed and reasonably
available for public inspection during normal business hours.
All
legislative powers of the Town are vested in a Board of Commissioners consisting
of 5 members including 4 Commissioners and the Mayor. All executive powers of the Town are vested
in the Mayor who shall serve as President of the board of commissioners and
Chief Executive Officer of the town. The
Commissioners and the Mayor shall be elected as hereinafter provided and shall
hold office for a term of 4 years, or until their successors take office. The regular term of Commissioners and the
Mayor shall expire on the first day of December following the election of their
successors. Commissioners holding office
at the time this Charter becomes effective shall continue to hold office for
the duration of the term for which they were elected or until their successors
take office under the provisions of this Charter.
The
terms of office for Commissioners shall be staggered so that the Mayor and 2
Commissioners are elected together. Two
years later, the remaining 2 Commissioners shall be elected.
Commissioners
and the Mayor shall be registered voters of the Town of Thurmont and shall have resided in the Town
for at least 1 year immediately preceding their election.
Compensation
of each Commissioner and the Mayor shall be as specified from time to time by
ordinance. Compensation of Commissioners
shall be equal. The Mayor’s compensation
may be different from that of the Commissioners.
The
Mayor and Commissioners shall be eligible for reimbursement for Town business
related expenses incurred in the conduct of their official duties subject to
the limits set from time to time by policy adopted by the board of
commissioners.
(a)
The newly elected Board of Commissioners shall meet at 7:00 pm. on the first
Tuesday in November following its election for the purpose of organization
after which the Commission shall meet regularly at such times as may be
prescribed by its rules but not less frequently than once each month. Special meetings may be called by the Chief
Administrative Officer or upon the request of the Mayor or a majority of the
members of the Board of Commissioners.
(b)
All meetings of the Board of Commissioners shall be open to the public unless
closed in accordance with State law. For
the purposes of this Charter, the terms Closed Meeting or Executive Session
shall mean all meetings that are not open to the public. The rules of the Board of Commissioners shall
provide that residents and property owners shall have a reasonable opportunity
to be heard at any public meeting regarding any municipal question.
(c)
Notwithstanding (b) above, the Board of Commissioners may hold public workshops
that shall be open to the public.
Generally, no votes will be taken at public workshops and no public input
is required to be heard. If the commissioners vote at a public workshop, then
public input must be permitted prior to such vote.
(d)
Live and/or recorded electronic coverage as well as print media are welcome and
permitted at any public meeting or workshop of the Board of Commissioners and
any advisory committee or commission, does not unreasonably interfere with the
conduct of such meeting.
Any
member of the Board of Commissioners who, during his/her term of office, ceases
to be a legal resident or registered voter of the Town shall no longer be
eligible to hold office and shall immediately forfeit the office.
The
Mayor or a Commissioner shall immediately forfeit his/her office upon
conviction of a felony.
The
Mayor shall serve as President of the Board of Commissioners. The Board of Commissioners shall elect a
Mayor Pro-Tem from among its members, who shall act as President of the Board
of Commissioners in the absence of the Mayor and shall have and exercise all
the powers of the President conferred by the Charter.
Except as may be provided in
Section 412 of this Charter, 3 members of the Board of Commissioners
shall constitute a quorum. For purposes
of determining a quorum, the Mayor shall be counted as a member. A quorum shall be required for the
transaction of business.
The
Board of Commissioners shall determine its own rules not inconsistent with
Robert’s Rules of Order and order of business.
It shall keep minutes of its proceedings and enter therein yeas and nays
upon final action on any question, resolution or ordinance, or at any other time
if requested by any member. The minutes
shall be open to public inspection except for portions taken in a closed
session as provided in Section 404 of this Charter. Minutes taken during a closed session may be
opened for public inspection by a majority vote of the Board of
Commissioners. No action requiring a
vote of the Board of Commissioners shall be taken except in a public meeting or
a closed session as provided in Section 404 of this Charter.
Access
to minutes taken during a closed session of the Board of Commissioners may not
be withheld from any Commissioner or from the Mayor unless to prevent a
conflict of interest.
(a)
Definitions
(1)
"Resolution" shall mean a formal expression of opinion; will or
intent adopted by a vote of the Board of Commissioners and, unless otherwise
required by law, shall not have the force of an ordinance.
(2)
"Ordinance" shall mean a legislative enactment adopted in a manner
prescribed by this section that shall have the full force of law.
(3)
“Amendment” shall mean a change to a proposed or adopted ordinance or
resolution.
(b)
A proposed ordinance or proposed resolution may be introduced by any
Commissioner or the Mayor at any public meeting of the Board of
Commissioners.
(c)
The Board of Commissioners shall not vote on the passage or amendment of any
proposed ordinance at the meeting in which it is introduced. The Board of Commissioners may:
(1)
Pass,
(2)
Amend and pass,
(3)
Reject, or
(4)
Defer consideration of
A
proposed ordinance or amendment at any meeting of the Board of Commissioners
held not less than 6 days nor more than 60 days after the meeting at which the
ordinance or amendment was introduced.
(d)
Except as otherwise provided in this Charter, every ordinance or amendment
shall become effective at the expiration of 7 calendar days following adoption
by the Board of Commissioners unless a later effective date has been specified
therein.
(e)
Unless specified otherwise in this Charter, a majority of the votes cast by the
Board of Commissioners must be in the affirmative to pass any ordinance or
resolution.
(f)
In cases of emergency, the provision that an ordinance or amendment may not be
passed at the meeting at which it is introduced may be suspended by the
affirmative votes of a majority of all members present. An emergency ordinance may be enacted when
the Board of Commissioners deems such action necessary for the immediate
preservation of the public peace, health, safety, or welfare. An emergency ordinance may become effective
immediately upon adoption or on a later date as specified therein. No emergency ordinance shall levy any tax or
authorize borrowing except as provided in Section 1205 of this Charter; abolish
any office; change the compensation, term, or duty of any officer; grant any
franchise or special privilege; sell any public property or land; or create any
vested right or interest. Every
emergency ordinance shall be plainly designated as such and shall describe the
emergency in clear and specific terms.
Upon adoption, a fair summary of the emergency ordinance or amendment
shall be promptly published on the town web site, shall be listed on the town
cable channel, and posted on an the bulletin board located in the town
office.
(a)
Each proposed ordinance shall be posted on the bulletin board located in the
town office following its introduction and until it is approved or disapproved
pursuant to this Article.
(b)
Ordinances in effect shall be permanently filed by the Town Chief
Administrative Officer and kept available for public inspection.
The
procedure for adoption, amendment, or repeal of the Charter of the Town of Thurmont shall be as
specified in Article 23A of the Maryland Code, as amended from time to time.
(a)
Generally. The Mayor shall represent the Town government at official events
within and outside the Town.
(b)
The Mayor shall see that the ordinances of the town are faithfully executed and
shall be the chief executive officer and the head of the administration and
execution of the town government.
(c)
Board of Commissioners’ Meetings. The Mayor shall serve as presiding officer at
Board of Commissioners meetings and shall set the agenda. The Mayor may
participate in all discussions, and may introduce, second, and vote on
questions before the Board of Commissioners.
(d)
The Mayor shall have supervision over the financial administration of the town
government. The Mayor shall prepare or
have prepared annually a budget and submit it to the Board. The Mayor shall supervise the administration
of the budget as adopted by the Board.
The Mayor shall supervise the disbursement of all moneys and have
control over all expenditures to assure that budget appropriations are not
exceeded.
(e)
Other powers and duties. The Mayor shall have such other powers and perform
such other duties in the execution of the town and as prescribed by this
Charter or as may be required by the Board of Commissioners, not inconsistent
with this Charter. Included in these
powers and duties shall be:
(1)
The Chief Administrative Officer, and the Chief Financial Officer, are
accountable to the Mayor, consistent with the policies and resolutions passed
by the Board of Commissioners.
(2)
To nominate candidates for all Department Heads including the Police Chief, the
Chief Administrative Officer and the Chief Financial Officer. Decisions on hiring of these positions shall
be by resolution of the Board of Commissioners.
(3)
To nominate a candidate for the position of Town Attorney. Decision on hiring a Town Attorney shall be
by resolution of the Board of Commissioners.
(4)
Propose the termination of the Chief Administrative Officer, the Chief
Financial Officer and the Department Heads including the Police Chief. Decisions on terminations of these positions
shall be by resolution of the Board of Commissioners.
(5)
Propose termination of the Town Attorney.
Decisions on the termination of this position shall be by a resolution
of the Board of Commissioners.
In
addition to all the powers granted to the Board of Commissioners by this Charter
or any other provision of law, the Board of Commissioners may exercise any
power or perform any function which is not now or hereafter denied to it by the
Constitution of Maryland, this Charter or any applicable law passed by the
General Assembly of Maryland. The
enumeration of powers and functions in this Charter or elsewhere shall not be
deemed to limit the power and authority granted by this paragraph.
In
addition to the powers which have been, or may hereafter be, granted to it, The
Board of Commissioners also shall have the power to pass ordinances for the
following specific purposes:
(1)
Advertising. To provide for advertising, printing and publication of materials
relating to the business of the Town, including financial and legal notices
required by law or this Charter.
(2)
Aisles and Doors. To regulate and prevent the obstruction of aisles in public
halls, churches and places of amusement, and to regulate the construction and
operation of doors and the means of egress there from.
(3)
Amusements. To provide, in the interest of the public welfare, for the
licensing or regulating of theatrical or other public amusements including
displays, games of chance, and festivals.
(4)
Animals. To regulate the keeping of and provide for the licensing of all
domestic animals in the Town; and, to authorize the impounding, keeping, sale,
destruction, or redemption of homeless animals or stray licensed animals.
(5)
Appropriations. To appropriate municipal monies for any purpose within the
powers of the Board of Commissioners.
(6)
Auctioneers. To regulate the sale of all kinds of property at auction within
the Town and to license auctioneers.
(7)
Band. To establish a municipal band, symphony orchestra or other musical organization,
and to regulate by ordinance the conduct and policies thereof.
(8)
Billboards. To license, tax or regulate, restrain, and prohibit the erection or
maintenance of billboards within the Town, and the placing of signs, bills, and
posters of every kind and description on any building, fence, post, billboard,
pole, or other place within the Town.
(9)
Boards, Commissions and Committees. To appoint such boards, commissions and
committees as may be necessary to the health, welfare, recreation and safety of
the citizens. The authority and
responsibility for each such group appointed shall be prescribed in the
ordinance or resolution, which creates it.
(10)
Bridges. To erect and maintain bridges.
(11)
Buildings. To make reasonable regulations in regard to buildings and signs to
be erected, constructed, or reconstructed in the Town, and to grant zoning
certificates, and/or building permits for the same; to formulate zoning,
building, and plumbing codes and to appoint a zoning inspector, a building inspector
and a plumbing inspector, and to require reasonable charges for permits and
inspections; to authorize and require the inspection of all buildings and
structures and to authorize the condemnation thereof in whole or in part when
dangerous or insecure, and to require that such buildings and structures be
made safe or be taken down and to assess the expense thereof against such
property, making it collectible by taxes or against the occupant or occupants.
(12)
Cemeteries. To regulate and prohibit the interment of bodies within the Town
and to regulate cemeteries.
(13)
Codification of Ordinances. To provide for the codification of all ordinances.
(14)
Community Services. To provide, maintain and operate community and social
services for the preservation and promotion of the health, recreation, welfare,
and enlightenment of the inhabitants of the Town.
(15)
Cooperative Activities. To make agreements with other municipalities, counties,
districts, bureaus, commissions, and governmental authorities for the joint
performance of or for cooperation in the performance of any governmental
functions.
(16)
Curfew. To restrict the times during which people may be in the streets, lanes,
alleys, or public places of the Town.
(17)
Dangerous Conditions. To compel persons about to undertake dangerous actions of
improvements to execute bonds with sufficient sureties conditioned that the
owner or contractor will pay all damages resulting from such actions or work
which may be sustained by any persons or property.
(18)
Departments. To create, change, and abolish offices, departments, or agencies,
other than the offices, departments, and agencies established by this Charter;
to assign additional functions or duties to offices, departments, or agencies
established by this Charter, but not including the power to discontinue or
assign to any other office, department, or agency any function or duty assigned
by this Charter to a particular office, department, or agency.
(19)
Elevators. To require the inspection and licensing of elevators and to prohibit
their use when unsafe, dangerous, or without a license.
(20)
Explosives and Combustibles. To regulate or prevent the storage of gunpowder,
oil, or any other combustible matter to regulate or prevent the use of
firearms, fireworks, bonfires, explosives, or any other similar things which
may endanger persons or property.
(21)
Fees and Charges. To establish and collect fees and charges for all franchises,
licenses, and permits issued by the Town and for all governmental or proprietary
functions of the Town.
(22)
Filth. To compel the occupant of any premises or building in the Town, when it
has become filthy or unwholesome, to abate or cleanse the condition; and, after
reasonable notice to the owners or occupants, to authorize such work to be done
by the proper officers and to assess the expense thereof against such property,
making it collectible by taxes or against the occupant or occupants.
(23)
Finances. To levy, assess, and collect ad valorem property taxes; to expend
municipal funds for any public purpose; to have general management and control
of the finances of the Town.
(24)
Fire. To suppress fires and prevent the dangers thereof and to establish and
maintain a fire department or to make arrangements with other qualified organizations
to do so; to inspect building for the purpose of reducing fire hazards, to
issue regulations concerning fire hazards, and to forbid and prohibit the use
of fire hazardous buildings and structures permanently or until the condition
of Town fire-hazard regulations are met; to install and maintain fire hydrants
where and as necessary, and to regulate their use; and to take all other
measures necessary to control and prevent fires in the Town.
(25)
Food. To inspect and, if unhealthy, require the condemnation of food products;
and to regulate the sale of any food products.
(26)
Franchises. To grant and regulate franchises to water companies, electric light
companies, gas companies, telegraph and telephone companies, transit companies,
taxicab companies, cable television companies, and any others which may be
deemed advantageous and beneficial to the Town, subject to Maryland law.
(27)
Garbage. To prevent the deposit of any unwholesome substance on either private
or public property, and to compel its removal to designated points; to require
slop, garbage, ashes and other waste or unwholesome materials to be removed to
designated points, or to require the occupants of the premises to place them
conveniently for removal and to establish conditions applicable to such
removal.
(28)
Grants-in-Aid. To accept gifts and grants of Federal or State funds from the
Federal or State governments, any agency thereof or private source and to
expend the same for any lawful public purpose.
(29)
Hawkers and Peddlers. To license, tax, regulate, suppress and prohibit hawkers
and itinerant trades people, dealers, peddlers, pawnbrokers and all other
persons selling any articles on the streets of the Town, and to revoke such
licenses for cause.
(30)
Health. To protect and preserve the health of the Town and its inhabitants; to
appoint a public health officer, and to define and regulate his or her powers
or duties; to prevent the introduction of contagious diseases into the Town; to
establish quarantine regulations, and to authorize the removal and confinement
of persons having contagious or infectious diseases; to inspect, regulate, and
abate any buildings, structures or places which cause or may cause unsanitary
conditions or conditions detrimental to health; but nothing herein shall be
construed to affect in any manner any of the powers and duties of the Secretary
of Health and Mental Hygiene, the County Board of Health, or any public,
general or local law relating to the subject of health.
(31)
House Numbers. To regulate the numbering of houses and lots and to compel
owners to number and/or renumber them; or, in default thereof, and to assess
the expense thereof against such property, making it collectible by taxes or
against the occupant or occupants
(32)
Jail. To establish and regulate a station house or lockup for temporary
confinement of violators of the laws and ordinances of the Town, County or
State or to use the County jail for such purpose.
(33)
Licenses. Subject to any restrictions imposed by the public general laws of the
State, to license and regulate all persons beginning or conducting transient or
permanent business in the Town for the sale of any goods, wares, merchandise,
or services; to license and regulate any business, occupation, trade, calling,
or place of amusement or business; to establish and collect fees and charges
for all licenses and permits issued under the authority of this Charter. Included within the scope of this section are
activities conducted in residentially zoned property, whether or not for
profit.
(34)
Liens. To provide that any valid charges, taxes or assessments made against any
real property within the Town shall be liens upon the property to be collected
as municipal taxes are collected.
(35)
Lights. To provide for the lighting of the Town.
(36)
Livestock. To regulate and prohibit the running at large of cattle, horses,
swine, fowl, sheep, goats, or other animals; to authorize the impounding,
keeping, sale and redemption of such animals when found in violation of the
ordinance in such cases provided.
(37)
Markets. To obtain by lease or rent, own, construct, purchase, operate, and
maintain public markets within the Town.
(38)
Minor Privileges. To regulate or prevent the use of public ways, sidewalks and
public places for signs, awnings, posts, steps, railings, entrances, racks,
posting handbills and advertisements, and displays of goods, wares, and
merchandise.
(39)
Noise. To regulate or prohibit unreasonable noise.
(40)
Nuisances. To prevent, prohibit or abate by appropriate ordinance, all
nuisances in the Town which are so defined at common law, by this Charter, or
by the laws of the State of Maryland; to regulate or prohibit all trading,
handling, or manufacture of any commodity which is or may become offensive,
noxious, or injurious to the public comfort or health.
(41)
Parades. To regulate the holding of meetings, processions and parades in Town
streets, parks, or other public places.
(42)
Parking Facilities. To license and regulate and to establish, obtain by
purchase, by lease or by rent, own, construct, operate, and maintain parking
lots and other facilities for off-street parking.
(43)
Parking Meters. To install parking meters on the streets and public places of
the Town in such places as they shall by ordinance determine, and to prescribe
by ordinance rates and provisions for the use thereof.
(44)
Parks and Recreation. To establish and maintain public parks, gardens,
playgrounds, and other recreational facilities and programs to promote the
health welfare, and enjoyment of the inhabitants of the Town.
(45)
Police Force. To establish, operate, and maintain a police force in order to
maintain peace and order within the Town, including the power to make arrests
and restrain and detain persons who are in violation of the ordinances of the
Town or the laws of Frederick County and the State of Maryland.
The Town shall maintain relationships / reciprocal operating agreements
with all surrounding police agencies.
The Town may contract with Frederick
County and / or Maryland State
law enforcement authorities for services.
(46)
Property. To acquire any conveyance, purchase or gift, real or leasable
property for any public purposes; to erect buildings and structures thereon for
the benefit of the Town and its inhabitants; to convey any real or leasehold
property when no longer needed for the public use, after having given at least
twenty (20) days public notice of the proposed conveyance; and to control,
maintain and protect public buildings, grounds and property of the Town.
(47) Public Ways
and Sidewalks. To regulate the use of Town streets, roads, alleys, and
sidewalks, and all other structures in, under or above the same; to require the
owner or occupant of premises to keep the sidewalks in front thereof free from
snow or other obstructions and prescribe hours for cleaning sidewalks.
(48)
Quarantine. To establish quarantine regulations in the interest of the public
health.
(49)
Recycling. To establish regulations governing the recycling of waste and to
operate a program for the collection and disposal thereof.
(50)
Regulations. To adopt by ordinance and enforce within the corporate limits
police, health, sanitary, fire, building, plumbing, zoning, traffic, speed,
parking, and other similar regulations not in conflict with the laws of Frederick County
and the State of Maryland
or this Charter.
(51)
Sweepings. To regulate or prevent the throwing or depositing of sweepings,
dust, ashes, offal, garbage, paper, handbills, dirty liquids, or other
unwholesome materials into any public way or onto any public or private
property in the Town.
(52)
Taxicabs. To license, tax and regulate public hackers, taxicab drivers, porters
and all other persons pursuing like occupations.
(53)
Unlicensed and Derelict Vehicles. To
regulate the storage of unlicensed and derelict vehicles on public streets and
alleys, as well as on private property, and to provide for their removal and
disposal.
(54)
Utilities. To construct, operate, and maintain facilities for the provision of
essential utilities to Town residents including, water, sewer, and electricity
and to assess appropriate charges for connection to and use of these
utilities. Such charges shall be
collected on a regular basis and shall be liens on property served by such.
(55)
Vehicles. To regulate and license vehicles not subject to the licensing powers
of the State of Maryland.
(56)
Voting Machines. To purchase, lease, borrow, install and maintain voting
machines for use in Town elections.
For
the purpose of carrying out the powers granted in this Article or elsewhere in
this Charter, the Board of Commissioners may pass all necessary
ordinances. All of the powers of the
Town shall be exercised in the manner prescribed by this Charter, or if the
manner is not prescribed, then in such manner as may be prescribed by
ordinance.
To
ensure the observance of the charter and ordinances of the Town, the Board of
Commissioners shall have the power to provide that a violation of the charter
or an ordinance shall be a misdemeanor or a municipal infraction and may affix
penalties that do not exceed the maximum penalties prescribed by law.
The
Board of Commissioners may appoint a Chief Administrative Officer for the
Town. The Chief Administrative Officer
shall serve at the pleasure of the Mayor or Board of Commissioners. The Board of Commissioners shall set the
compensation for the Chief Administrative Officer.
The
Chief Administrative Officer shall be responsible for the day-to-day operations
of the Town government and shall be responsible for carrying out the policies
approved by the Board of Commissioners.
The Chief Administrative Officer shall be accountable to the Mayor.
The
Chief Administrative Officer shall:
(a)
Attend Board of Commissioner meetings and may take part in the discussion, but
he/she shall not have a vote.
(b)
Keep minutes of all Board of Commissioners meetings.
(c)
Direct and supervise the administration of all offices, departments and
agencies of the Town, as assigned by the Mayor except as otherwise provided by
this Charter or by ordinance.
(d)
Report annually to the Board of Commissioners the condition of municipal
affairs and make such recommendations as the Chief Administrative Officer deems
proper for the public good and welfare of the Town.
(e)
Act as the Town Zoning Administrator.
(f)
Act as the Town Human Resources Administrator.
(g)
Perform such other duties as may be prescribed by this Charter or as may be
required by the Mayor.
The
Chief Administrative Officer may delegate her/his duties with the consent of
the Board of Commissioners.
The
Board of Commissioners shall appoint a Chief Financial Officer for the
Town. The Chief Financial Officer shall
serve at the pleasure of the Board of Commissioners. The Board of Commissioners shall set the
compensation for the Chief Financial Officer.
The
Chief Financial Officer shall be responsible for all the financial duties of
the Town, except as otherwise provided by this Charter. The Chief Financial Officer shall be
accountable to the Mayor.
The
Chief Administrative Officer may serve as the Chief Financial Officer
simultaneously.
The
Chief Finance Officer shall have the authority, and shall be required, to:
(a)
Assist the Mayor in the preparation of the annual budget for submission to the
Board of Commissioners
(b)
Supervise and be responsible for the disbursement of all monies and have
control over all expenditures to assure that budget appropriations are not
exceeded.
(c)
Maintain a general accounting system for the Town in such form as the Board of
Commissioners may approve, not contrary to State law.
(d)
Submit a complete financial report at the end of each fiscal year to the Board
of Commissioners.
(e)
Ascertain that all taxable real property within the Town is currently assessed
for taxation.
(f)
Arrange for collection of all taxes, special assessments, license fees, liens,
and all other revenues (including utility revenues) of the Town, and any other
revenues for whose collection the Town is responsible.
(g)
Supervise the financial affairs and the administration of the budget as adopted
by the Board of Commissioners.
(h)
Have custody of all public monies belonging to or under the control of the Town,
except funds in the control of any set of trustees, and have custody of all
bonds and notes of the Town.
(i)
Perform any other duties in relation to the fiscal or financial affairs of the
Town as the Mayor or Board of Commissioners may require, or as may be required
elsewhere in this Charter.
(j)
Maintain separate accounts for all enterprise funds.
The
Mayor with the super majority approval of the full Board of Commissioners shall
appoint a Town Attorney who shall serve at the pleasure of the Board of
Commissioners. When a new mayor is
elected, the selection of the Town Attorney will be re-affirmed by a
supermajority vote of the full Board of Commissioners. The Board of Commissioners shall set the
compensation for the Town Attorney.
Town
Attorney shall be a member of the bar of the Maryland Court of Appeals. The Town Attorney shall be the legal advisor
of the Town and shall perform such duties in this connection as may be required
by the Mayor or Board of Commissioners.
The
Town shall have the power to employ such other legal consultants, as it deems
necessary from time to time.
The
role of the Town Attorney may be filled by a Town Employee or a single
contracted attorney or by a law firm that employs more than one attorney.
CHIEF OF POLICE
1001. Appointment; Compensation
The Mayor, with the advice and
consent of the Board of Commissioners, shall appoint a Chief of Police for the
Town. The Chief of Police shall serve at
the pleasure of the Board of Commissioners.
The Board of Commissioners shall set the compensation for the Chief of
Police.
1002. General Powers and Duties
The Chief of Police shall be
responsible for and shall have full and absolute charge of all police officers
subject to the direction of the Mayor and Board of Commissioners. He or she shall exercise such powers and
perform such duties as shall be required of him or her, from time to time by
ordinance, by the Mayor, or by the orders, resolutions, and policies adopted by
the Board of Commissioners.
1003. Enumeration of Specific Powers and Duties
The Chief of Police shall have the
authority, and shall be required, to:
(a)
Adopt such rules, regulations, restrictions, policies and provisions, as
he or she shall deem proper and desirable for the efficient operation of the
police department.
(b)
Conduct, or have his or her designated agent conduct, an internal
investigation of any officer alleged or believed to have engaged in any act of
misconduct, misfeasance, malfeasance, or violation of the police department’s
policies, rules, regulations and/or procedures.
(c) Implement disciplinary proceedings against an
officer, if, at the conclusion of an internal investigation, the finding and
conclusions support such action. All
disciplinary proceedings against officers shall be conducted in accordance with
and pursuant to the Law Enforcement Officers’ Bill of Rights (LEOBR), as
amended from time to time.
(d) Discipline, suspend, demote, or terminate an
officer upon conclusion of a hearing conducted pursuant to the LEOBR and a
finding of guilt and recommendation for punishment.
(e) Perform any other duties in relation to the
public safety of the Town as the Mayor or Board of Commissioners may require,
or as may be required elsewhere in this Charter.
ARTICLE XI
Every
person who:
(a)
Is a citizen of the United
States;
(b)
Is at least eighteen (18) years of age;
(c)
Has resided within the corporate limits of the Town for thirty (30) days, and;
(d)
Is registered to vote in the Town in accordance with provisions of this
Charter;
Is
a qualified voter of the Town.
(a)
There shall be a Board of Supervisors of Elections consisting of 3 members who
shall be appointed by the Mayor with the approval of the Board of
Commissioners. The terms of members of the Board of Supervisors of Elections
shall begin on the first Monday in September in the year in which they are
appointed and shall run for 4 years. The
Mayor shall appoint one of its members as Chairperson. Vacancies on the Board of Supervisors of
Elections shall be filled by the Mayor with the approval of the Board of
Commissioners for the remainder of the unexpired term.
(b)
Members of the Board of Supervisors of Elections shall be qualified voters of
the Town pursuant to Section 1101 of this Charter. No member of the Board of Supervisors of
Elections or their immediate family shall hold or be a candidate for any Town
elective office during the term of office of a member. Compensation of the members of the Board of
Supervisors of Elections shall be determined by the Board of Commissioners.
(c)
Any member of the Board of Supervisors of Elections may be removed by the Board
of Commissioners for inefficiency, malfeasance, misfeasance, nonfeasance,
misconduct in office, or insubordination.
Before removal, the member of the Board of Supervisors of Elections
proposed for removal shall be given a written copy of the charges and shall
have a public hearing before the Board of Commissioners, if requested, within
ten days after receiving the written copy of the charges.
(d)
The Board of Supervisors of Elections shall be in charge of receiving
nominations, certifying candidates, conducting all Town elections, and
certifying election results. The Board
of Supervisors of Elections may appoint election clerks to assist in its duties
but need not do so. No election clerk or
their immediate family shall hold or be a candidate for any Town elective
office during their term of service. The
Board of Commissioners shall determine compensation of Election Clerks.
(e)
The Board of Supervisors of Elections shall conduct election recounts subject
to procedures approved by the Mayor and the Board of Commissioners.
At
least forty nine (49) days, but not more than fifty five (55)
days, prior to each Town election, the Board of Supervisors of Elections shall
publish notice of the upcoming election at least once a week for two weeks
in at least one newspaper of general circulation within the Town and by posting
a notice thereof in some public place or places in the Town and by placing
notice on the town’s web site.
(a)
Provided that persons meet the voter qualifications enumerated in Section 1101
of this Charter, registration to vote with the Frederick County Board of
Elections shall be deemed registration for Town elections and the Town Board of
Supervisors of Elections shall accept the list of registered voters provided by
the Frederick County Board of Elections as a valid registration list for the
Town.
(b)
The Town shall maintain a supplemental registration list for voters who choose
not to register with the County. The
Board of Commissioners, by ordinance, shall adopt and enforce any provisions
necessary to establish and maintain a system of permanent supplemental
registration and provide for re-registration when necessary. The Board of Supervisors of Elections shall
keep the supplemental registration lists up to date by striking from the lists
any persons who have died, moved out of the Town, or have not voted in a Town
election within the preceding five calendar years.
(c)
No person shall be entitled to vote in a Town election unless he/she is duly
registered to vote at least seven (7) days prior to that election.
If
any candidate for office is aggrieved by any action of the Board of Supervisors
of Elections, such candidate may appeal to the Circuit Court for Frederick County.
1106. Nominations
(a)
Each year on the last Tuesday in August at 7:00 p.m. there shall
be held a nominating convention. The
Board of Supervisors of Elections shall cause posters to be placed around the
town in conspicuous places announcing this fact at least ten (10) days prior
thereto, and shall also cause a notice to be placed in a local newspaper of
general circulation in the Town for at least two (2) successive weeks prior
thereto stating the date and time of both the convention and the election to
follow.
(b)
The Mayor shall serve as the temporary Chairperson of the convention.
(c)
The first order of business shall be the election of some registered voter of
the town as permanent Chairperson of the convention. The Chairperson shall then call for the
nomination of qualified voters for the open Mayor and/or Board of Commissioners
positions. Any person nominated must
receive at least one (1) second. All
persons so nominated and seconded shall appear on the printed ballot unless
they state in the convention that they do not wish to run for the office for
which they have been nominated, or unless they notify the Board of Supervisors
of Elections in writing within three (3) days following the convention that
they do not wish to run for the office for which they have been nominated.
(d)
The Town Chief Administrative Officer shall keep minutes of the proceedings of
the convention.
(e)
The convention may not be closed to the public for any reason.
(f)
Candidates may also be nominated by providing a letter to the Board of
Supervisors of Elections proposing the nomination, to be received in the Town
Office before the close of business on the day of the nominating convention or
by delivering the letter to the Chairperson of the nominating convention prior
to closing the nominations for the specific office up for election. The letter must contain the printed name,
address, and signature of the person being nominated, the person making the
nomination, and the person seconding the nomination. The signatures must be notarized.
Terms
of office. As noted in Section 401 of
this Charter, the term of office of the Mayor and Commissioners shall be four
(4) years. The terms of the
Commissioners shall be staggered.
Elections shall be held every odd-numbered year on the first Monday
in October.
In
addition to elections of the Mayor and Commissioners, issues and questions may
also be placed on the ballot. Such
issues or questions may be identified by the Board of Commissioners or by
citizen referendum as provided in Section 1117 of this Charter.
The
Board of Supervisors of Elections shall arrange and/or provide, for each
special and general election, a suitable place or places for voting and
suitable ballot boxes and ballots and/or properly functioning voting
machines. The ballots and/or voting
machines shall show the name of each candidate nominated for elective office in
accordance with the provisions of this Charter, arranged in alphabetical order
by office and with no party designation of any kind. Ballots and/or voting machines shall allow
the voting of write-in candidates.
Residents
not comfortable with voting electronically may vote utilizing the provisions of
the absentee ballots.
Polls
shall be open from 7 a.m. to 8 p.m. on election days. Persons in line at the time of closing shall
be permitted to vote.
Any
qualified voter is entitled to vote in any election by absentee ballot under
conditions set by the Board of Commissioners.
The Board of Supervisors of Elections shall transmit and receive
applications for absentee ballots and shall provide ballots, envelopes,
instructions, and printed matter to enable absentee voters to vote in a manner
prescribed by law and described in detail in the Town Ordinance for Absentee
Balloting.
(a)
All special Town elections shall be conducted under the direction of the Board
of Supervisors of Elections in the same manner and with the same personnel, as
far as practicable, as regular Town elections.
(b)
Whenever required by this Charter, it shall be the duty of the Board of
Supervisors of Elections to order a special election at a date not less than 30
days nor more than 90 days from the date an office is declared vacant or the
date an election results in a tie vote.
(1.)
Recall elections as defined in Section 1115 of this Charter are not subject to
the dates in Section 1111 (b) above.
They are instead subject to the dates in Section 1115 of this Charter.
(c)
Following the special election, the Mayor or Commissioner(s) elected pursuant
to this section shall take office at the next meeting of the Board of
Commissioners.
1112. Vote Count
(a)
As soon as possible and no later than 24 hours after the closing of the polls,
the Board of Supervisors of Elections shall determine the vote cast for each
candidate, issue or question and shall certify the results of the election to
the Mayor who shall record the results in the minutes of the next public
meeting of the Board of Commissioners.
The candidate for Mayor with the highest number of votes in the general
election shall be declared elected as Mayor.
The candidates for Commissioners with the two highest number of votes in
the election shall be declared elected as Commissioners.
(b)
In the event of a tie between any candidates for an elected seat in which the
tie has a bearing on who shall be declared elected, those candidates shall
participate in a special election pursuant to Section 1111 of this Charter.
The
Board of Supervisors of Elections shall be responsible for preserving all
ballots used in any Town election for at least 4 months following the date of
the election. Printed ballots shall be
kept whether cast or not.
The
Board of Commissioners shall have the power to provide by ordinance, in every
respect not covered by the provisions of this Charter, for the conduct of
registration, nomination, and Town elections and for the prevention of fraud in
connection therewith, and for a recount of ballots. A recount shall occur:
(a)
Automatically if there is a margin of 5% or less votes between candidates if
the outcome could affect which candidates are elected, or;
(b)
Upon the written request, accompanied by a non-refundable fee of $500.00, to
the Board of Supervisors of Elections from any registered voter received not
later than 5:00 pm Friday following the election.
1115. Recall of Elected Officials
The
Mayor or any Commissioner may be recalled from office, subject to the
following:
(a)
A recall petition, signed by not less than 25 percent of the registered voters
of the Town, shall be presented to the Board of Commissioners at their regular
meeting. The petition shall state the
desire of the signatories to have the named Mayor or Commissioner subjected to
a vote of the electorate to determine whether the official shall be reaffirmed
in office or removed. The petition shall
state specifically the reason(s) for recall of a Town official. A petition shall name only one Town official
subject to recall.
(b)
Only registered voters may sign a recall petition. Each voter signing said petition shall sign
his or her name and the date. A petition
shall be considered initiated on the date that the first voter signature is
obtained. No petition may be initiated
until at least 6 months after the Town Official named in the recall petition
was elected to office. The
petition must be presented to the Board of Commissioners within 60 days of the
date of the first signature signed on the petition.
(c)
Under each signature shall be typed or printed each petitioner's name and
address.
(d)
At the bottom of each page of the petition, the individual circulating the
petition shall type or print his or her name and address. The individual circulating the petition shall
sign and date the petition and make an affidavit that he/she circulated the
petition and witnessed each individual whose name appears thereon sign the same
in his/her presence.
(e)
Upon receipt of a petition to recall an official, the Board of Commissioners
shall refer the petition to the Board of Supervisors of Elections for
verification of the appropriate number of qualified voters' signatures, as well
as the corresponding addresses. The
Board of Supervisors of Elections shall return said petition with its written
findings as to qualified voters' signatures and addresses to the town attorney
for legal sufficiency. The town attorney
will forward his/her opinion of the decision of the Board of Supervisors of
Elections, within 14 days for action by the Board of Commissioners at its next
regularly scheduled meeting. At that
meeting, if the petition has been authenticated, the Board of Commissioners
shall set a date for a special election to be held within 30 days providing for
a vote for or against the recall.
(f)
Voting shall be conducted in the same manner prescribed herein for regular Town
elections and, if the election results in a plurality vote to remove, the
position shall become vacant immediately and shall be filled as prescribed in
Section 1116 of this Charter.
(g)
The Mayor or any Commissioner may be subject to only one recall petition during
each term in office.
In
case a vacancy occurs on the Board of Commissioners one hundred eighty (180)
days or more prior to the expiration of the term, a special election shall be
called to fill the vacancy as prescribed in Section 1111 of this Charter. In the case of any such vacancy, which occurs
less than one hundred eighty (180) days prior to the expiration of the term,
the vacancy for the unexpired term shall be filled at the next general
election.
Registered
voters of Thurmont may request that specific questions, issues, resolutions or
ordinances with the exception of contracts entered into by the Board, be
subject to referendum. Votes on
referendum questions, issues, resolutions, or ordinances may occur at the time
of regularly scheduled general elections or as the subject of a Special
Election.
(a)
A petition, signed by not less than 25 percent of the registered voters of the
Town shall be presented to the Board of Commissioners at their regular
meeting. The petition shall state the
desire of the signatories to have the specific questions, issues, resolutions
or ordinances subjected to a vote of the electorate. The exact language of the questions, issues,
resolutions or ordinances must appear on or be attached to the petition. A separate petition shall be required for
each question, issue, or ordinance.
(b)
Only registered voters may sign a referendum petition. Each voter signing said petition shall sign
his or her name and the date. A petition
shall be considered initiated on the date that the first voter signature is
obtained. The petition must be presented
to the Board of Commissioners within 60 days of the date of the first signature
signed on the petition.
(c)
Under each signature shall be typed or printed each petitioner's name and
address.
(d)
At the bottom of each page of the petition, the individual circulating the
petition shall type or print his or her name and address. The individual circulating the petition shall
sign and date the petition and make an affidavit that he/she circulated the
petition and witnessed each individual whose name appears thereon sign the same
in his/her presence.
(e)
Upon receipt of a petition for referendum, the Board of Commissioners shall
refer the petition to the Board of Supervisors of Elections for verification of
the appropriate number of qualified voters' signatures, as well as the
corresponding addresses. The Board of
Supervisors of Elections shall return said petition with its written findings
as to qualified voters' signatures and addresses, within 14 days for action by
the Board of Commissioners at its next regularly scheduled meeting. At this meeting, if the petition is authenticated,
the questions, issue or ordinance shall be suspended except as stated in
Section 1117 (i) of this Charter. The
Board of Commissioners shall set a date for a special election if so requested
on the petition. If a special election
is not requested as part of the petition, the question, issue, resolution, or
ordinance shall be included on the ballot of the next regularly scheduled Town
election.
(f)
Voting shall be conducted in the same manner prescribed herein for regular and
/ or Special elections.
(g)
A petition for referendum may be included in a regular Town election if said
petition is verified by the Board of Supervisors of Elections at least 60 days
prior to the election.
(h)
A plurality vote shall be required for the questions, issues, or ordinances to
subject to referendum to pass. Such a
vote binds the Mayor and Commissioners to take the necessary action to
implement the question, issue or ordinance approved by referendum.
(i)
Except for an emergency ordinance, no new ordinance or the part thereof
petitioned to referendum shall become effective following the receipt of such
petition until approved at referendum by a plurality of the qualified voters
voting on the question provided that the petition for referendum is presented
to the Board of Commissioners before the effective date of the ordinance. An emergency ordinance, or the part thereof
petitioned to 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 has not been
submitted to the qualified voters within sixty (60) days following receipt of
the petition, then the operation of the ordinance, or the part thereof
petitioned to referendum, shall be suspended until approval by a majority of
the qualified voters voting on the question at any election.
(j)
The provisions of this section shall not apply to any ordinance, or part
thereof, or action of the Board of Commissioners levying property taxes for the
payment of indebtedness, or the adoption of the annual budget, but the
provisions of this Section shall apply to any ordinance, or part thereof,
levying special assessment charges.
(k)
Any ordinance, or part thereof, disapproved by the voters shall stand
repealed. The provisions of this Section
shall be self-executing, but the Board of Commissioners may adopt ordinances in
furtherance of these provisions and not in conflict with them.
(l)
Any ordinance, or part thereof, disapproved by the voters may not be
re-introduced for consideration by the Board of Commissioners for at least one
year following the referendum vote.
The
Town shall operate on an annual budget.
The fiscal year of the Town shall begin on the first day of July and
shall end on the last day of June of the following year. Such fiscal year shall constitute the tax
year, the budget year, and the accounting year.
At
least thirty-two (32) days before the beginning of any fiscal year, the Mayor
shall submit a proposed budget to the Board of Commissioners. The budget shall provide a complete financial
plan for the budget year and shall contain estimates of anticipated revenues
and proposed expenditures for the coming year.
The total of the anticipated revenues shall equal or exceed the total of
the proposed expenditures. The proposed
budget is a public record and is open to public inspection during normal
business hours at the Town Office.
Before
adopting the budget the Board of Commissioners shall hold a public hearing
thereon after two (2) weeks notice thereof in at least one newspaper of general
circulation within the Town. If the
Board of Commissioners increases the total proposed expenditures, it shall also
increase the total anticipated revenues in an amount at least equal to the
total proposed expenditures. The budget
shall be prepared and adopted in the form of an ordinance. Approval by a majority of the elected members
of the Board of Commissioners is necessary for adoption.
No
public money may be expended without having been appropriated by the Board of
Commissioners. From the effective date
of the budget, the amounts stated therein as proposed expenditures shall be and
become appropriated to the purposes named therein.
(a)
Supplemental Appropriations. If during
the fiscal year the Chief Financial Officer certifies that revenues in excess
of those estimated in the budget are available for appropriation, the Mayor or
Board of Commissioners may make supplemental appropriations for the year up to
the amount of such excess.
(b)
Emergency Appropriations. To meet a
public emergency affecting life, health, property, or the public peace, the
Board of Commissioners may make emergency appropriations by emergency ordinance
in accordance with the provisions of Section 412 of this Charter. If a meeting of the Board of Commissioners
cannot be scheduled in time to approve action to mitigate a public emergency,
the Mayor or the CFO have the authority to take those actions necessary to
protect the health, property, or public peace of the Town residents. The Board of Commissioners shall be informed
of the action taken as soon as possible following such action.
(c)
Transfer of Funds. The Board of
Commissioners must approve any transfer of funds in excess of 10% between major
appropriations for different purposes in a public session after accepting
public comment before becoming effective.
“Major appropriations” are defined as the top level operating accounts
such as “General Fund”, “Sewer”, “Water”, and “Electric” in the operating
budget, and any item in the capital budget of a magnitude greater than $
15,000. The Board of Commissioners may
adopt policies requiring approval of transfers between lower levels of the
budgets.
(d)
Procedure. The authorization of
supplemental appropriations or transfer of funds shall require approval of the
Mayor or an affirmative vote of three of the members of the Board of
Commissioners.
No
officer or employee shall, during any budget year, expend or contract to expend
any money or incur any liability or enter into any contract which by its terms
involves the expenditure of money for any purpose in excess of the amounts
appropriated for or transferred to that general classification of expenditure
pursuant to this Charter. Any contract,
verbal or written, made in violation of this Charter shall be null and void. Nothing in this section shall prevent the making
of contracts or the spending of money for capital improvements to be financed
in whole or in part by the issuance of bonds, nor the making of contracts of
lease or for services for a period exceeding the budget year in which such
contract is made, when such contract is permitted by law.
All
appropriations shall lapse at the end of the budget year to the extent that
they have not have been expended or lawfully encumbered. Any unexpended and unencumbered funds shall
be considered a surplus at the end of the budget year and shall be included
among the anticipated revenues for the next succeeding budget year.
Before
any capital obligation is considered for payment, payment must be approved by
the Department Head from whose budget the funds were obligated.
All
checks issued in payment of salaries or other municipal obligations shall be
issued and signed by the Mayor or the Chief Financial Officer.
All
real property within the corporate limits of the Town may be subject to
taxation for municipal purposes. The
assessment used shall be the same as that for State and County taxes. No authority is given by this Section to
impose taxes on any property that is exempt from taxation by State law.
(a)
Rate. The Board of Commissioners
annually may levy such taxes upon assessable real property within the corporate
limits, as it deems necessary, subject to the provisions below, and shall set
the tax rates by resolution prior to adoption of the annual budget.
(b)
Notice of Tax Levy. Immediately after
the tax levy is adopted by the Board of Commissioners in each year, the Chief
Administrative Officer shall give notice of the adoption of the levy by posting
a notice thereof in some public place or places and in at least one newspaper
of general circulation in the Town and post it on the town web site.
(c)
Taxes Constitute Lien. All taxes levied
under this Section shall be a lien on any and all property of the person,
corporation, or entity against whom they are levied.
(d)
Abatement. The Board of Commissioners
are authorized and empowered, whenever it shall seem to them expedient for the
encouragement of the growth and development of business, to provide by general
ordinance for the abatement of any or all taxes levied by authority of the
Commissioners. Such abatement or exemption shall be extended to all businesses
engaged in the type of business proposed to be benefited by ordinances under
the provisions of this section.
1211. When Taxes Are
Overdue
The
taxes provided for in Section 1210 of this Charter shall be due and payable as
provided in the Tax-Property Article of the Annotated Code of Maryland and
shall be overdue and in arrears as provided in that article. Taxes shall bear interest while in arrears
and shall be subject to additional penalties as authorized by State law. Any interest or penalty rates to be imposed
by the Town shall be established by ordinance.
This is in addition to the interest and penalties imposed by State law.
All taxes not paid and in arrears one year after the date on which they are due
and payable shall be collected as provided in Section 1212 of this Charter.
1212. Sale of Tax-Delinquent Property
A
list of all property on which the Town taxes have not been paid and which are
in arrears as provided by Section 1211 of this Charter shall be turned over by
the Chief Administrative Officer to the County official responsible for the
sale of tax delinquent property as provided in State law. All property listed thereon shall, if
necessary, be sold for taxes by this County official in the manner prescribed
by State law.
All
fees received by an officer or employee of the Town in his or her official
capacity shall belong to the Town and be accounted for by the Town.
The
financial books and accounts of the Town shall be audited annually as required
by State law.
(a)
General Obligation Bonds. The Town shall
have the power to borrow money for any proper public purpose and to evidence
such borrowing by the issuance and sale of its general obligation bonds. The power and obligation of the Town to pay
any and all general obligation bonds, notes, or other evidences of indebtedness
issued by it under this authority shall be unlimited and the Town shall levy ad
valorem taxes upon all the taxable property of the Town for the payment of such
bonds, notes or other evidences of indebtedness and interests thereon, without
limitation of amount. Except as
otherwise provided herein, the faith and credit of the Town is hereby pledged
for the payment of the principal of and the interest on all general obligation
bonds, notes, or other evidences of indebtedness, hereafter issued under the
authority of this Charter, whether or not such pledge be stated in the general
obligation bonds, notes, or other evidences of indebtedness, or in the
ordinance authorizing their issuance.
The Town shall have the power and authority to sell any bonds, notes, or
other evidences of indebtedness at, above or below the face par value thereof,
by public sale or private negotiated sale without advertisement or publication
of notice of sale of solicitation of competitive bids, as the Board of
Commissioners may, by ordinance, determine, notwithstanding any contrary
limitations or restrictions, including, without limitation, any limitations or
restrictions contained in Ann. Code of Md. Art. 23A, §§ 31-39, and, more
particularly, in Ann. Code of Md. Art. 23A, § 32(2),(4).
(b)
Revenue Bonds. The Town shall have the
power to issue revenue bonds for one or more revenue-producing projects that
serve a proper public purpose. Prior to
the issuance of revenue bonds, the Board of Commissioners shall enact an
ordinance stating the public purpose for which the proceeds of the revenue
bonds are to be expended, the manner in which the revenue bonds will be sold,
which may be by public sale or private negotiated sale, and such other terms as
the Board of Commissioners may deem necessary or appropriate. Revenue bonds shall be made payable, as to
both principal and interest, solely from the income, proceeds, revenues, and
funds derived from the project or projects for which they were issued. The faith and credit of the Town shall not be
pledged for the payment of revenue bonds.
(c)
Tax Anticipation Borrowing. During the
first six months of any fiscal year, the Town shall have the power to borrow in
anticipation of the collection of the property taxes levied for that fiscal
year, and to issue tax anticipation notes or other evidences of indebtedness as
evidence of such borrowing. Such tax
anticipation notes or other evidences of indebtedness shall be a first lien
upon the proceeds of such tax and shall mature and be paid not later than 6 months
after they are issued. No tax
anticipation notes or other evidences of indebtedness shall be issued which
will cause the total tax anticipation indebtedness of the Town to exceed fifty
percent (50%) of the property tax levy for the fiscal year in which such notes
or other evidences of indebtedness are issued.
All tax anticipation notes or other evidences of indebtedness shall be
authorized by ordinance before being issued.
The Board of Commissioners shall have the power to regulate all matters
concerning the issuance and sale of tax anticipation notes in concert with
County and State law.
All
bonds, notes, or other evidences of indebtedness validly issued by the Town
prior to adoption of this Charter and all ordinances passed concerning them are
hereby declared to be valid, legal, and binding and of full force and effect as
if herein fully set forth.
The
Board of Commissioners shall provide by ordinance for rules and regulations
regarding the use of competitive bidding for Town purchases and contracts
including the level of expenditures below which competitive bids are not
required.