Allegany County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted and amended as indicated in text (Ch. 23 of the 1984 Code).]
GENERAL REFERENCES
Administrator — See Ch. 5.
Compensation for public officials — See Ch. 98.

§ 38-1 Election; term of office.

[P.L.L., 1930, Art. 1, sec. 93; 1955 Code, sec. 64; 1904, ch. 387, sec. 3; 1945, ch. 301[1]]
A. 
County Commissioners shall be elected at the General Election which is held every four years at the same election at which the Governor of the State of Maryland and the members of the Maryland Legislature are elected.
B. 
There shall be three County Commissioners elected who shall serve for a period of four years or until their successors are elected and qualified.
C. 
Qualifications. A candidate for County Commissioner shall be a registered voter of Allegany County and a resident thereof at the time of election and during the entire time of service.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 38-2 Officers; meetings.

[P.L.L., 1930, Art. 1, sec. 94; 1955 Code, sec. 65; 1900, ch. 332; 1904, ch. 387, sec. 4; 1904, ch. 479; 1906, ch. 143; 1924, ch. 91; 1927, ch. 437; 1953, ch. 575; 1965, ch. 229; 1971, ch. 305; 1973, ch. 477, sec. 45; 6-16-1978 by Bill No. 6-78, effective 7-31-1978; 4-3-1997 by Bill No. 2-97, effective 5-8-1997]
A. 
The County Commissioners of Allegany County, after their election and qualification, shall, at the first meeting in each new term, elect one of their number to be President of the County Commissioners of Allegany County, who shall preside at all meetings of said County Commissioners.
B. 
The County Commissioners shall meet at least once in each month at the office of the County Commissioners in the County Administrative Building, Cumberland, Maryland. The County Commissioners may meet at such other times and places as may be necessary to conduct the official business of Allegany County.
C. 
The President of the County Commissioners is authorized to cancel or to designate a substitute date in lieu of any regularly scheduled meeting date.

§ 38-3 Establishment of legislative days.

[Added 3-4-1977 by Bill No. 3-77[1]; amended 8-2-1991 by Bill No. 7-91, effective 9-16-1991; 4-3-1997 by Bill No. 2-97, effective 5-18-1997; 7-28-1999 by Bill No. 3-99, effective 9-11-1999]
A. 
The second and fourth Thursdays of each calendar month are established as legislative days, on which the Board of County Commissioners of Allegany County may meet in each year for the purpose of enacting public local laws.
B. 
The Board of County Commissioners of Allegany County may, from time to time, establish such additional legislative days as may be found convenient by notice duly published in accordance with § 9 of Article 25B of the Annotated Code of Maryland, provided that the total number of legislative days held in any calendar year may not exceed 45.[2]
[2]
Editor's Note: Former § 23-4, Compensation, adopted by the 1955 Code, sec. 66; 1945, ch. 802; 1949, ch. 572; 1957, ch. 440, sec. 66; 1973, ch. 477, sec. 46; 1992, ch. 196, sec. 2, as amended 6-16-1978 by Bill No. 6-78 and 2-19-1982 by Bill No. 2-82, was repealed 3-3-1993 by Bill No. 3-93. See now Ch. 52, Compensation for Public Officials. This bill further provided that it shall take effect 4-17-1993.
[1]
Editor's Note: This bill further provided that it shall take effect 45 days after it is enacted.

§ 38-4 Annual levy; duty of Director of Finance.

[P.L.L., 1930, Art. 1, sec. 95; 1955 Code, sec. 67; 1892, ch. 224, sec. 30A; 1902, chs. 323 and 502, sec. 30A; 1961, ch. 407; 1-15-1982 by Bill No. 14-81, effective 3-31-1983; 9-17-1982, effective 9-30-1982]
When the County Commissioners make their annual levy, said levy shall not be made in gross but shall designate the particular purpose for which each expenditure is to be made according to the Uniform System of Financial Reporting as provided by the State Fiscal Research Bureau, and it shall be the duty of the Finance Director to keep a distinct account according to such levy for each purpose, and he shall not allow any payments to be made by draft upon any account which has been exhausted so that no account shall be overdrawn; except, however, it shall be lawful for the Finance Director, upon order of the County Commissioners, to transfer a sum appropriated from one account to another account which is or has become exhausted.

§ 38-5 Imposition of lower tax rate.

[1985, ch. 8, sec. 6]
In Allegany County, the Board of County Commissioners, in levying taxes for the support of the County government, may impose a rate that is less than the full County tax rate upon County taxpayers owning property within the limits of any municipal corporation if, in the discretion of the County Commissioners, the lesser rate is equitable in view of services furnished by the municipal corporation which duplicate, or make unnecessary the providing of therein, similar services furnished elsewhere in the County by the Board of County Commissioners.

§ 38-6 Restrictions on expenditures.

[P.L.L., 1930, Art. 1, sec. 96; 1955 Code, sec. 68; 1892, ch. 224, sec. 30B; 1902, chs. 323 and 502, sec. 30B]
The County Commissioners of Allegany County are hereby prohibited from spending during any fiscal year more money than they shall have previously levied upon the taxable basis of Allegany County to meet the necessary expenses of said County, except upon conditions that whenever, in the judgment of said Commissioners, it shall be necessary or desirable for the public good to spend more money than shall have been levied for the current year, then said County Commissioners shall publish a notice in one of the daily newspapers in Allegany County twice a week for two successive weeks warning the public of said deficiency and setting forth the object of the proposed increased expenditure and the proposed loans occasioned thereby and naming therein a day at which said Commissioners will meet to determine the advisability of making said expenditure in excess of the levy and of making any loans that said Board may consider necessary therefor. At said meeting, any taxpayer who may appear shall have the right to be heard in opposition to any such expenditures or loans that said expenditures may occasion, but nothing contained in the provisions of §§ 38-5, 38-6 and 38-7 shall restrict said County Commissioners in renewing promissory notes of said County outstanding on April 8, 1902, so often as renewals may be necessary before their final payment.

§ 38-7 Violations and penalties.

[P.L.L., 1930, Art. 1, sec. 97; 1955 Code, sec. 69; 1902, chs. 323 and 502, sec. 30C]
For any violation of the provisions of §§ 38-5 and 38-6 of this chapter, said County Commissioners shall be subject and liable individually to indictment, and, upon conviction, they and each of them shall be liable and subject to a fine of not more than $500; provided, however, that if any Commissioners shall have voted against the passage of such unlawful act, such vote shall be conclusive evidence of his innocence, and he shall not be indicted.[1], [2]
[1]
Editor's Note: Original Section 50, Charitable contributions [1955 Code, sec. 70; 1947 Sp. Sess., ch. 10, 1949, ch. 341; 1951, ch. 272; 1955, ch. 122; 1957, ch. 107; 1961, ch. 229; 1965, ch. 218], which immediately followed this section, was repealed 10-21-1977 by Bill No. 6-77. This bill further provided that it shall take effect 7-1-1978.
[2]
Editor's Note: The following original sections, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 23-8, Appropriation for industrial promotion, § 23-9, Development of industrial park, § 23-10, Economic development; issuance of bonds, and § 23-11, Levy and collection of taxes for industrial promotion.

§ 38-8 Bids and contracts.

[1955 Code, sec. 72; 1947, ch. 343; 1951, ch. 478; 1959, ch. 143; 1959, ch. 512, sec. 72(c); 1961, ch. 396, sec. 72(a); 4-7-1978 by Bill No. 1-78, effective 5-22-1978]
A. 
Bidding and method of advertising. In contracting for any necessary public work or improvements or for the purchase of supplies and equipment needed at any time by the several departments of the County, the County Commissioners of Allegany County shall enter into contracts for said public work or improvements and purchase said supplies and equipment on an order passed by the County Commissioners, provided there is compliance with this subsection as to bidding and advertisement.
[Amended 8-20-1982 by Bill No. 4-82; 1986, ch. 238, sec. 1, effective 7-1-1986; 1994, ch. 661, sec. 2, effective 10-1-1994 12-20-1995 by Bill No. 6-95, effective 2-3-1996; 8-11-2005 by Bill No. 5-05, effective 9-25-2005]
(1) 
When the amount of the contract for the purchase or public improvement is $25,000 or less, competitive bidding and advertisement as provided for herein is not required.
(2) 
Whenever the contract for public work or improvements exceeds $25,000, the contract shall be awarded upon the basis of competitive bid which shall be advertised as provided for herein, and the County Commissioners shall award the contract to the lowest responsible bidder, whose bid shall be considered reasonable or, in its discretion, may reject any and all bids. For the purposes of this subsection, a bidder that is delinquent in taxes or other obligations due to the County may be considered by the County Commissioners, in their absolute discretion, not to be a responsible bidder. Notwithstanding the foregoing, all purchases of used equipment and supplies shall be exempt from the requirements of public bidding.
(3) 
All bids shall be opened by the Clerk to the County Commissioners in public at a time and place designated in the advertisement for said bids.
(4) 
Form and location of advertisement. All advertisements for public bid shall be placed in a newspaper of general circulation in Allegany County at least seven days prior to the date set for the opening of the bids; provided, however, upon approval by the County Commissioners, in lieu of placing an advertisement in a newspaper, the Clerk may cause the advertisement to be placed upon the County's Internet Web site.
B. 
Personal services excepted. Nothing in this section shall apply to contracts for personal services of a professional character which require the exercise of a peculiar skill, aptitude or technical learning, such as the services of attorneys at law, auditors, accountants, architects and consulting or supervising engineers. The engineering services of consulting or supervising engineers shall include, by way of enumeration and not by way of exclusion, such services as engineering surveys, designs, plans and specifications for construction.
C. 
Purchases from other governmental units. Purchases from other governmental units shall be as follows:
(1) 
The County Commissioners are authorized and empowered to purchase equipment and supplies of any kind whatsoever from the federal government, any state, County or municipal government or any agency or department thereof.
(2) 
The County Commissioners are also authorized to participate with other body politics for the joint purchases of materials and supplies wherein either the competitive procedure as provided for in Subsection A of this section or comparative procedures of the other political subdivisions are adhered to.
(3) 
The provisions of this section providing for competitive bids for County purchases shall not be applicable to intergovernmental transactions.
D. 
Purchase required to be made upon competitive bid.
[Added 7-15-1983 by Bill No. 4-83, effective 8-29-1983]
(1) 
In any instance that a purchase of commodities by the using authority is required to be made upon competitive bids, such purchase shall be made from a vendor resident in Allegany County, if such bid does not exceed the lowest qualified bid from a nonresident vendor by more than 5% of the latter bid, and if such resident vendor has made written claim for such preference at the time the bid was submitted, and except when, in the judgment of the County Commissioners, such purchases would operate to the disadvantage of the County.
[Amended 2-12-2004 by Bill No. 1-04, effective 3-28-2004]
(2) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
COMMODITIES
Supplies, material, equipment, contractual services, construction, construction services, engineering services and any other article or thing used by or furnished to a department, agency or institution of the using authority.
USING AUTHORITY
The Board of Commissioners of Allegany County or their successors or a department, agency or institution of the said Board of County Commissioners or their successors.
(3) 
A vendor shall be deemed to be a resident of Allegany County if such vendor be an individual, partnership, association or a corporation that maintains an active bona fide place of business within the County and maintains therein facilities for the manufacture or processing of the commodities on which the bid is submitted and, in the case of a corporation, is duly qualified to do business and is in good standing under the laws of the State of Maryland.
(4) 
In any instance that a purchase of commodities is required by the provisions of any federal or state grant to be made upon competitive bids, and if the regulations of such federal or state grants prohibit the using authority from acting as contemplated herein, the terms and conditions of Subsection D shall be considered to be without effect as to that particular instance, but shall remain applicable to all instances not involving such federal or state grants and regulations.[1]
[1]
Editor's Note: Original Section 52A. Queen City Bus Company (1971, ch. 93) which immediately followed this section, was repealed 11-2-1979 by Bill No. 6-79, effective 12-17-1979.
E. 
The Allegany County Health Department is hereby authorized to participate in the Allegany County procurement system subject to the terms, conditions and standards heretofore set forth in this section; provided, however, that the Health Officer for Allegany County may approve those contracts and purchases for the Allegany County Health Department without further order of the County Commissioners. The participation of the Allegany County Health Department in the County procurement system has been duly authorized by Senate Bill 321 as currently codified at § 12-109 of the State Finance and Procurement Article of the Annotated Code of Maryland.
[Added 9-20-1995 by Bill No. 5-95, effective 11-4-1995]

§ 38-9 Clerk to Board of Commissioners.

[P.L.L. 1860, Art. 1, sec. 16; 1888, Art. 1, secs. 34 and 36; 1930, secs. 100 and 103; 1955 Code, secs. 73 and 75; 1880, ch 397; 1900, ch. 25; 1904, ch. 169; 1945, ch. 304; 1947, ch. 610; 1953, ch. 579; 1957, ch. 440, sec. 73; 9-11-2008 by Bill No. 3-08, effective 10-26-2008[1]]
A. 
Appointment. The County Commissioners shall appoint a Clerk to the Board of County Commissioners.
B. 
Powers and duties. The Clerk shall do such clerical work as may be directed by the Board from time to time. The Clerk shall have power to administer oaths to all persons who come before said Commissioners and shall have the power to take affidavits to all papers to be filed in the office of said Commissioners.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 38-10 Property insurance.

[P.L.L., 1888, Art. 1, sec. 38; 1930, sec. 105; 1955 Code, sec. 76; 1872, ch. 65; 1874, ch. 40]
The County Commissioners are authorized and empowered to have all the buildings belonging to said County insured in such sum or sums as they may deem necessary in some well known, reliable fire insurance company or companies and shall provide annually for the payment of such premiums as may be charged upon such policies of insurance as aforesaid.[1]
[1]
Editor's Note: Original Section 56, Sale of "Academy Property" [1955 Code, sec. 77; 1931, ch. 348], which immediately followed this section, was repealed 9-17-1982 by Bill No. 5-82, effective 11-1-1982.

§ 38-11 Procedures for borrowing for current expenses.

[1955 Code, sec. 78; 1933, ch. 419]
Whenever the amount of taxes collected shall be insufficient to meet the current expenses of Allegany County, the County Commissioners of Allegany County are authorized and empowered to borrow upon the credit of said County such sums of money not to exceed the then outstanding and uncollected taxes of said County as may be necessary to pay such current expenses and may issue, upon the faith and credit of the County, notes, bonds or other evidence of indebtedness and may sell, pledge or repledge as collateral such notes, bonds or other evidence of indebtedness when issued, and the issuance, sale, pledging or repledging as collateral of such notes, bonds or other evidence of indebtedness shall be upon such terms and conditions as said County Commissioners of Allegany County may, by resolution, deem proper.[1]
[1]
Editor's Note: Original § 23-16, Payment of accounts; authorized signatures, and § 23-16.1, Advance of moneys, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 38-12 Salaries and wages of County officers and employees.

[1955 Code, sec. 80; 1945, ch. 1063; 1947, ch. 880; 1949, ch. 530]
A. 
Establishment by Commissioners. The County Commissioners shall set the salary, wages or compensation of every officer or employee of the County and shall set the amount to be allowed as office or other expenses for such officers and employees, unless such salary, wages, compensation or expenses are established by law.[1]
[1]
Editor's Note: Subsection B, Prevailing wages, and Subsection C, Hourly employees, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Contractors. The County Commissioners shall insert into every contract for doing any public work on behalf of the County a provision that any contractor or subcontractor doing or performing such work shall, as to all his officers and employees, observe the requirements of Subsections B and C above, according to the terms thereof.[2]
[2]
Editor's Note: The following original sections, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 23-18, Publication of financial reports required, § 23-19, Annual audit from Historical Society, § 23-20, Operation and maintenance of garbage disposal facilities, § 23-21, Appropriation for County ambulance, § 23-22, Appropriation for Miners' Hospital, and § 23-23, Restrictions on attorneys representing applicants in contested cases.

§ 38-13 Establishment of public transportation system.

[1972, ch. 254; 1973, ch. 473, sec. 64A(e)]
A. 
Authorization. The County Commissioners are authorized and empowered to establish a public transportation system for Allegany County.
B. 
Funds. The County Commissioners may provide the money necessary for the establishment and implementation of the system either from taxes collected in the County or by borrowing sufficient sums.
C. 
Commission. The Commissioners may create a Transportation Commission to operate the system and provide for the composition, compensation, powers and authorities thereof.
D. 
Grant of funds. The County Commissioners or the Transportation Commission created pursuant to this section are authorized to accept grants of money from any source to assist in the establishment and implementation of the public transportation system.
E. 
Tax exemption. Any and all real and personal property, both tangible and intangible, and any and all right, title and interest therein, gross receipts, gross or net income, purchases, sales, franchises, licenses, operations, activities and functions owned or controlled or received or made or performed or carried on by the Transportation Commission created pursuant to this section shall be and remain totally exempt from all taxes, assessments, charges and fees of every kind imposed, levied or made by the State of Maryland, any political subdivision thereof or any agency or instrumentality of any of them.