The Council is vested with all the law-making powers of the
County. The Council may enact public local laws for the peace, good
government, health, safety or welfare of the County. It may repeal
and amend the local laws for the County heretofore enacted by the
General Assembly upon the matters covered by Article 25A, Annotated
Code of Maryland, 1957, and all revisions or amendments thereof as
may hereafter be enacted. Nothing in this Charter shall be construed
to authorize or empower the Council to enact laws or regulations for
a municipality in the County on a matter covered by the powers granted
to a municipality by its charter or the act incorporating it or a
subsequent amendment to the act.
Except during the month of November in the year in which councilmembers
are elected, the Council may enact legislation on the first and third
Tuesdays of each month, and on any additional days the Council may
determine necessary. When the first or third Tuesday is a legal holiday,
the next succeeding Tuesday shall be a day for the enactment of legislation.
In no event shall the Council sit for more than 45 days in a calendar
year for the purpose of enacting legislation.
(a)
Three councilmembers shall constitute a quorum for the transaction
of legislative business.
(b)
Legislative sessions shall be open to the public, advertised in advance,
and comply with all requirements for open meetings provided by law.
(c)
The Council shall provide for the keeping of a journal, which shall
be open to public inspection during normal business hours. Copies
of the minutes of legislative sessions shall be posted immediately
after approval on a bulletin board maintained in a public place by
the Government.
(d)
Voting on legislation shall be by roll call, except on procedural
motions. The ayes and nays shall be recorded in the journal.
(e)
The Council may adopt and publish additional rules of legislative
procedure that may be desirable and not in conflict with this Charter.
(a)
The Council may enact no law except by bill.
(b)
A bill shall embrace one subject. The subject shall be described
in its title. No law or section of a law may be enacted, revised,
or amended by reference to its title.
(c)
A bill may be introduced by one or more councilmembers at a legislative
session. A bill and each copy of the bill shall bear the name or names
of the person or persons introducing the bill and the date of introduction.
(d)
On the date a bill is introduced, the Council shall either reject
the bill by an affirmative vote of at least four councilmembers or
the President of the Council shall schedule a public hearing on the
bill. Within 72 hours of its introduction, a copy of the bill, with
notice of the date, time, and place of the public hearing, shall be
placed on an official bulletin board maintained in a public place
by the Government. Before a public hearing on a bill, the title and
a fair summary of the bill and the date, time, and place of the public
hearing shall be published at least once each week for two successive
weeks in a newspaper of general circulation in the County. The President
of the Council may schedule more than one public hearing on a bill,
provided the publication and notice requirements of this subsection
are met for each hearing.
(e)
After a public hearing, the Council may enact a bill into law, with
or without amendment, by an affirmative vote of at least three councilmembers.
In the event a bill is amended before enactment, and the amendment
or amendments constitute a change of substance, the bill, as amended,
shall not be enacted into law until the bill meets the public hearing,
notice, and publication requirements of a newly introduced bill.
(f)
A bill not enacted within 65 days of introduction is void. A bill
not enacted prior to the month of November in any year in which councilmembers
are elected to office is void.
(a)
A law may be enacted under this section in the event the law is necessary
for the immediate protection of public health, safety, or welfare.
The emergency law shall not create or abolish an office; grant a franchise
or special privilege; or create a vested right or interest.
(b)
A law enacted under this section shall be plainly designated as emergency
legislation and shall describe the nature of the emergency. On the
date a bill is introduced, the President of the Council shall schedule
a public hearing to be held not less than 36 hours after introduction.
Within four hours of introduction, a copy of the bill and notice of
the date, time, and place of the public hearing shall be posted on
the official bulletin board maintained by the Government.
(c)
After a public hearing, a bill declaring an emergency may be enacted
into law by an affirmative vote of at least four councilmembers. The
emergency law shall terminate no later than six months after the date
of enactment.
An emergency law shall take effect on the date of enactment. The Annual Budget and Appropriations Ordinance shall take effect on the first day of the fiscal year to which it applies. All other laws shall take effect 60 calendar days after enactment, except in the event a law provides for a later effective date or is referred to the voters under Section 307 of this Charter.
(a)
Except for the following, a law, or part of a law, enacted pursuant
to this Charter may be referred to the voters for approval upon the
filing of a petition signed by 10 percent of the registered and qualified
voters of the County:
(b)
A petition to refer a law, or portion of a law, to the voters of
the County may consist of several papers, but each paper shall contain
the full and accurate text of the law, or part of the law, that is
subject to the petition. There shall be attached to each paper of
signatures filed with a petition an affidavit of the person procuring
those signatures. The affidavit shall state that the signatures were
affixed in the person's presence and that, based upon the person's
best knowledge and belief, every signature on the paper is genuine
and bona fide and that the signers are registered voters of the County
at the address set opposite or below their names.
(c)
No later than 59 days following the date a law is enacted, a petition
to refer the law, or portion of law, to the voters under this section
shall be filed with the Board of Supervisors of Elections for the
County. Whenever more than one-third, but less than the full number
of signatures required to complete a referendum petition under this
section, is filed with the Board of Supervisors of Elections for the
County within the required time period, the time for the law to take
effect and for filing the remainder of signatures to complete the
petition shall be extended an additional 30 days, making for a total
of 89 days following the date the law is enacted.
(d)
Whenever a petition complying with all the provisions of law and
this Charter is filed, the referred law, or the referred portion of
law, shall not take effect until 30 days after approval by a majority
of voters.
(e)
A law, or portion of law, shall be submitted to the voters pursuant
to this section voting either at: (1) the next general election for
members of the United States Congress; or (2) a special election called
by the Council, which shall be held not less than 30 days and not
more than 90 days following the filing of a valid petition pursuant
to this section. A special election is prohibited whenever members
of the United States Congress are to be elected at a general election
within 180 days of the filing of a valid petition under this section.
(f)
A law enacted as an emergency law shall remain in force from the
date the law becomes effective, notwithstanding the filing of a petition
for referendum, but the law, or portion of the law, shall stand repealed
immediately after rejection by a majority of voters voting on the
law or portion of law.
The Council shall cause a fair summary of all laws enacted,
amended, or repealed under this Charter to be published promptly at
least once in a newspaper of general circulation in the County.
(a)
At intervals not greater than every 10 years, the Council shall cause
all local laws of the County which are of general application and
continuing force in the County to be codified. The codification shall
be known as "The Code of Dorchester County, Maryland." The publication
shall contain an index and appropriate notes, citations, annotations,
and appendices as the Council determines.
(b)
No later than March 1 of each year, except those years in which a
new code is published, the Council shall cause to be prepared and
published a cumulative supplement of all local laws of the County
which are of general application and continuing force in the County
and which have been enacted or amended since publication of the most
recent Code of Dorchester County, Maryland.
