As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
Every public board, commission, committee and other similar
body established or created by ordinance or resolution of the Mayor
and Council of Myersville.
MARYLAND OPEN MEETINGS ACT
The General Provisions Article, Title 3, Subtitles 1 through
5, Annotated Code of Maryland (as amended).
[Amended 3-13-2018 by Ord. No. 2018-05]
TOWN
The Town of Myersville, Maryland.
The following shall govern the qualifications, appointment and
conduct of members of the boards of the Town; provided, however, that
the provisions relating to qualifications and appointment of members
of boards of the Town shall apply only to members who are appointed
after the effective date of this chapter and that any member of any
board in existence on the effective date of this chapter shall complete
the term of office for which such member was appointed unless otherwise
removed for cause.
A. Qualifications.
(1) Each person appointed to a board shall be a resident of the Town;
provided, however, that the Mayor may appoint and the members of the
Council may approve a nonresident as a member of the board if the
nonresident exhibits qualifications particularly well suited to that
board.
(2) No person who is a full-time employee of the Town shall be appointed
to any board; provided, however, that the Mayor, members of the Council
and administrative officers of the Town may be appointed as ex officio
members.
(3) The Chairperson of a board should be a resident of the Town. The
Council may approve a nonresident as a member of the board if the
nonresident exhibits qualifications particularly well suited to that
board.
(4) No person shall serve as chair of a board for more than two consecutive
terms; provided, however, that in the event this period expires before
another chair is appointed, the current chair shall serve until such
appointment is made.
B. Appointments.
(1) The Mayor, with the advice and consent of the members of the Council,
shall appoint the members of a board. No appointment shall be effective
until the appointment is approved by the majority vote of the members
of the Council.
(2) In making an appointment to a board, the Mayor shall seek potential
appointees from the entire Myersville community and may consider information
provided by individuals and interest groups.
(3) After an appointment has been approved by the members of the Council,
the Mayor shall notify the appointee, in writing, of the appointment.
The notice shall advise the appointee that the appointment is subject
to the provisions of this chapter as set forth herein and that the
appointee may be removed by the Council for a violation of any of
the provisions hereby established.
(4) Unless another term period is established by statute, ordinance
or resolution, a member of a board shall serve for a term of three
years from the date of approval by the members of the Council. After
the expiration of that term, the member shall continue to serve on
the board until a successor has been duly appointed by the Mayor and
approved by the members of the Council. Notwithstanding the foregoing,
the members of the Council may vote not to approve a member for reappointment
to the board, in which event that board member shall not serve on
the board beyond the date on which the current term of that member
expires or the date the Council votes not to approve the member, whichever
is later.
C. Conduct.
(1) A member of a board who has failed to attend three consecutive meetings
of the board without being excused from such attendance or who has
failed to attend more than 75 of the meetings of the board held during
any twelve-consecutive-month period may, after having been given due
notice, be removed from membership on that board.
(2) Any member of a board who has been convicted of a criminal offense
(including the granting of a probation before judgment), or who has
been determined to have violated any law, statute, ordinance, regulation
or Charter provision, or for other good cause as determined by the
Town Council will be removed from membership on that board by the
affirmative vote of a majority of the members of the Council.
D. Number of members. Unless another membership number is established
by statute, ordinance or resolution, each board shall consist of the
number of members identified within its bylaws.
E. Other duties. Each board shall perform such other duties or services
as the Town Council may request from time to time. Each board may,
from time to time, submit to the Town Council such recommendations
as are deemed by the board to be appropriate in furtherance of the
purposes of the board.
The organizational structure of a board shall be in accordance
with the following:
A. Officers.
(1) Each board shall have a chairperson and vice-chairperson and may
have such other officers as the board may determine.
(2) Board officers shall be elected by the members of the board for a
term of one year. No officer shall serve more than two consecutive
terms as officer. The election of officers shall be conducted at the
first regularly scheduled meeting of the board following January 1
of each calendar year.
B. Meetings.
(1) All meetings of a board shall comply with the open meeting requirements
of the Maryland Open Meetings Act. Meetings of a board shall be held,
to the greatest extent practicable, at the Town Municipal Center or
at such other public facility in the Town which is owned, operated
or used by the Town.
(2) Notice of the time, date and place of each board meeting shall be
given prior to that meeting in the same manner as that which is required
for meetings of the Town Council. A board may also provide such additional
notice as it deems to be reasonable.
(3) Each board shall prepare and maintain minutes of its meetings. All
such minutes shall be filed with the Town Clerk.
(4) Each board shall meet at least quarter-annually.
(5) Except as otherwise provided by law, a majority of the members of
each board shall constitute a quorum, and the act of a majority of
the members at any meeting at which a quorum is present shall constitute
the act of the board.
C. Rules and regulations. Each board may adopt bylaws, rules and regulations
governing its procedures and regulating its business as may be deemed
necessary. Any such bylaws, rules and regulations shall be adopted
in accordance with the following:
(1) Notice of the proposed adoption of a bylaw, rule or regulation shall
be given by posting a notice of the proposed bylaws, rule and regulation
and of the date, time and place at which the board will be meeting
to discuss its adoption. The notice shall be posted in a conspicuous
place in the lobby of the Town Municipal Building.
(2) The meeting at which the proposed bylaw, rule or regulation will
be considered shall be open to the public, and any person may present
either oral or written testimony in favor of or in opposition to the
proposed bylaw, rule or regulation.
(3) A proposed bylaw, rule or regulation shall be deemed to have been
adopted by the board upon the affirmative vote of a majority of the
entire membership of the board.
(4) All bylaws, rules and regulations adopted by a board shall be promptly
filed with the Town Clerk and shall bear the signature of the presiding
officer.
D. Nonpolitical status. The boards of the Town shall not be political
in aim or function and shall not act as an agent of or for any individual
or group.
E. Annual report. On or before March 1 of each year, each board shall
submit an annual written report to the Mayor and Council outlining
and describing its activities over the preceding calendar year. The
Mayor and Council may, in its discretion, provide for such other reporting
procedure as they may deem advisable.