The Legislative Branch of the County government shall consist
of the Council, hereinafter referred to as the Council, and the officers
and employees thereof. The Council shall be composed of seven members.
All legislative powers which may be exercised by Harford County
under the Constitution and laws of Maryland, including all law-making
powers heretofore exercised by the General Assembly of Maryland but
transferred to the people of the County by virtue of the adoption
of this Charter, shall be vested in the Council.
[Amended by Bill No. 82-42]
In all of its functions and deliberations, the Council shall
act as a body.
[Amended by Bill No. 80-40; by petition, November 2000]
Six Council members, at the time of their election, shall each
reside in a different one of six Council districts of the County.
The seventh member of the Council shall be the President of the Council
and may reside anywhere in the County. Each member of the Council
required to reside in a Council district shall be nominated and elected
by the qualified voters of the Council district in which the member
resides; the President shall be nominated and elected by the qualified
voters of the entire county. All Council members shall be nominated
and elected at the same time as state officers and in the manner provided
by law.
(a)
The boundaries of Council districts shall be established in 1974
and re-established in 1982 and every 10th year thereafter. Whenever
district boundaries are to be established or reestablished, the Council
shall appoint, not later than February 15 of the year prior to the
year in which redistricting is to be effective, a commission on redistricting,
composed of two members from each political party chosen from a list
of five names submitted by the governing body of each political party
which polled at least fifteen percent of the total vote cast for all
candidates for the Council in the immediately preceding regular election
or which had at least fifteen percent of the registered voters in
the County on the date of that election. The Council shall appoint
one additional member of the Commission, who shall not be a member
of any of the political parties entitled to two members of the Commission
and shall be a registered voter in Harford County. The Commission
shall, at its first meeting, select one of its members to serve as
chair. No person shall be eligible for appointment to the Commission
if that person holds any elected office.
[Amended by Bill No. 12-32]
(b)
By October 1 of the year prior to the year in which redistricting
is to be effective, the Commission shall prepare, publish, and make
available a plan of Council districts and shall present that plan,
together with a report explaining it, to the Council. The plan shall
provide for Council districts that are compact, contiguous, and substantially
equal in population. No less than fifteen calendar days and no more
than thirty calendar days after receiving the plan of the Commission,
the Council shall hold a public hearing on the plan. If within seventy
calendar days following presentation of the Commission's plan no other
law establishing or re-establishing the boundaries of the Council
districts has been enacted, then the plan, as submitted, shall become
law.
A Council member shall serve for a term beginning at noon on
the first Monday in December next following election, and ending at
noon on the first Monday in December in the fourth year thereafter.
[Amended by Bill No. 12-31]
A Council member shall have been a resident and a qualified
voter of the County for at least two years immediately preceding election
or appointment. At the time of election or appointment, the candidate
shall be a resident of the Council district from which elected or
appointed. During the term of office, the Council member shall not
hold any other office of profit or employment in the government of
the State of Maryland, Harford County, or any municipality within
Harford County, except a position held by virtue of being a Council
member. The Council member shall not, during the whole term for which
elected or appointed, be eligible for appointment to any County office
or position carrying compensation, except to the office of Council
member or County Executive in the event of a vacancy.
Council members shall receive compensation of five thousand
dollars per annum. The President of the Council shall receive compensation
of six thousand five hundred dollars per annum. The compensation of
the President of the Council and the other Council members may be
changed by law passed by an affirmative vote of at least five members
of the Council. Any increase or decrease in compensation which becomes
law during one term of office shall not become effective before the
next term.
[Amended by Bill Nos. 87-51; 22-007]
(a)
A vacancy in the Council shall exist upon the death or resignation of a Council member, removal from office, or upon forfeiture of office by a Council member. When a vacancy occurs, a majority of the remaining members of the Council shall, within sixty calendar days thereafter, appoint a person to fill the vacancy. If an appointee is to succeed a member of a political party, that individual shall be selected from a list of at least three names submitted to the Council by the Central Committee of the party to which the former Council member belonged. If the Council has not acted within sixty calendar days, the County Executive shall appoint a person to fill the vacancy within ten calendar days thereafter. If the Council member who held the vacant position was a member of a political party at the time of election, the person appointed by the County Executive to fill the vacancy shall be selected from the same list that the Central Committee of that party has previously submitted to the Council. Except as provided in Subsection (b) of this section, an appointee shall serve for the unexpired term of the appointee's predecessor. Any person appointed to fill a vacancy shall meet the same qualifications and residence requirements as the previous Council Member.
(b)
If a vacancy filled by an appointment under Subsection (a) of this section occurred more than ninety calendar days before the next Congressional primary election following election of the original Council member, the appointed Council member shall serve until a successor Council member, elected at the next Congressional election following the vacancy, takes office. The successor Council member shall take office at noon on the first Monday in December next following election, and shall serve the remainder of the original Council member's term.
[Amended by Bill Nos. 88-32; 22-007]
(a)
Forfeiture
of Office by Council Member. A Council member shall immediately forfeit
office upon ceasing to be a qualified voter of the County or when
convicted of a felony or a crime involving moral turpitude. A Council
member required to reside in a particular Council district shall forfeit
office upon ceasing to be a resident of that district, provided that
no member of the Council shall forfeit office by reason of any change
in the boundary lines of a Council district made during a single term.
(b)
Removal
of a Council Member from Office. A Council member may be removed from
office by an affirmative vote of at least five members of the Council
after a public hearing and upon a finding that the Council member
has failed to perform the duties of office for a continuous period
of six months or is unable by reason of physical or mental disability
to perform the duties of office. The decision of the Council may be
appealed by the Council member within ten days to the Circuit Court
for Harford County by petition. Upon the filing of a petition, the
court may stay the removal pending its decision. The court shall make
independent determinations of fact, and its decision may be appealed
to the Court of Appeals of Maryland.
The President of the Council shall be elected by the qualified
voters of the County in accordance with Section 204 of this Charter.
At its first meeting in December of each year, the Council shall elect
from among its members a Vice President. The President, or in the
President's absence the Vice President, shall preside at all meetings.
On all questions before the Council the President and Vice President
shall have and may exercise the vote to which each is entitled as
a Council member.
[Amended by Bill No. 96-37]
There shall be a Council Administrator who shall keep minutes
of its meetings, maintain its journal, and perform such other duties
as the Council may direct. The Council Administrator shall serve at
the pleasure of the Council and shall receive such compensation as
the Council may determine.
(a)
The Council shall appoint a County Auditor who shall serve at the
pleasure of the Council and shall receive such compensation as the
Council may determine. The County Auditor shall be a certified public
accountant licensed under the law of this state.
[Amended by Bill No. 84-44]
(b)
The County Auditor shall, not later than four months after the close
of each fiscal year, prepare and submit to the Council and to the
County Executive, a complete financial audit for the preceding fiscal
year of all agencies that receive or disburse County funds. The audit
shall include a report together with such explanatory comments as
the County Auditor may deem appropriate. The report and explanatory
comments shall be published in at least one newspaper widely circulated
in the County in accordance with the provisions of Section 812, and
copies of the complete audit shall be open for inspection by the public.
The Council may exempt on an annual basis those agencies whose entire
records, accounts, and affairs are completely audited each year by
the State or Federal government and may, for good cause, grant an
extension to submit the financial audit.
[Amended by Bill No. 12-29]
(c)
All records and files pertaining to the receipt and expenditure of
County funds by all officers, agents, and employees of the County
and all agencies thereof, and any office, department, or agency funded
in whole or in part by County funds and all offices, departments,
institutions, boards, commissions and other agencies thereof shall
at all times be open to the inspection of the County Auditor who shall
promptly call to the attention of the Council and the County Executive
any irregularity or improper procedure which may be discovered. The
County Auditor's duties may include operational and performance auditing
procedures of any office, department, or agency funded in whole or
in part by County funds, as assigned and directed by a majority of
the County Council by resolution.
[Amended by Bill No. 14-17]
(d)
The Council shall have the power to implement the provisions of this
section and to assign additional functions, duties, and personnel
to the County Auditor. All actions of the Council pursuant to this
section shall be exempt from the Executive veto.
Either the Council or the County Executive may at any time order
the examination or audit of the accounts of any agency that receives
or disburses the County funds. Upon the death, resignation or removal
of any County officer, the County Auditor shall cause an audit and
investigation to be made of any accounts maintained by the officer
and by the agency. The County Auditor shall report the results of
this audit to the County Executive and the Council, and copies shall
be made available to the public no later than three months after the
ordering of the audit. If, as a result of any such audit, an officer
shall be found to be indebted to the County, the County Executive
shall proceed forthwith to collect the indebtedness. All actions of
the Council pursuant to this section shall be exempt from the Executive
veto.
The Council may make, or cause to be made, investigations into
the affairs of the County and the conduct of any County agency. For
this purpose, the Council may subpoena witnesses, administer oaths,
take testimony, and require the production of evidence.
[Amended by Bill No. 22-005]
Neither the Council nor any of its members shall attempt to
influence the head of any agency of the County government concerning
the appointment of any person to, or removal from, any office or employment,
nor in any way take part in the appointment of, or removal of, any
officer or employee of the County except as specifically provided
in this Charter. Formal communications from the Council to the Executive
Branch shall be addressed to the County Executive, and, unless for
the purpose of inquiry or information, neither the Council nor any
member thereof shall deal directly with any officer, agent, or employee
in the Executive Branch.
(a)
The first three Tuesdays of each month and each Tuesday of the month
of May and such additional days as the Council may determine, except
November of a Council election year and County holidays, are designated
as legislative session days for the enactment of legislation. In no
event shall the Council sit for more than forty-five legislative session
days in any year.
[Amended by Bill No. 76-30]
(b)
For the purpose of performing duties, other than enacting legislation,
which are properly exercisable by the Council under the provisions
of this Charter, the Council may sit in non-legislative sessions at
such times as it may determine.
(c)
No session of the Council shall be scheduled earlier than 6:00 p.m.
on any day unless authorized by an affirmative vote of at least five
members of the Council.
(d)
Four members of the Council shall constitute a quorum for the transaction
of business.
(e)
The Council shall provide for the keeping of a journal, which shall
be open to public inspection at all reasonable times.
(f)
All voting, except on procedural motions, shall be by roll call,
and the ayes and nays shall be recorded in the journal.
(g)
No business shall be transacted, nor any appointments made, nor nominations
confirmed, except in public session.
(h)
The Council shall adopt and publish rules of procedure not inconsistent
with the provisions of this Charter.
(a)
The Council shall enact no law except by bill. All bills shall be
styled: "Be It Enacted By The Council of Harford County, Maryland."
The subject of every law shall be described in its title and the title
shall be used when giving public notice of hearings on proposed legislation.
Every law, except the budget law and supplementary appropriation laws,
shall embrace but one subject. No law or section of law shall be revived
or amended by reference to its title only.
(b)
A bill may be introduced by any member of the Council on any legislative
session day of the Council. Every copy of each bill shall bear the
name of the member of the Council introducing it and the date it was
introduced. On the introduction of any bill, a copy thereof and notice
of the time and place of the hearing on the bill shall be posted by
the Council within twenty-four hours on an official bulletin board
to be set up by the Council in a public place. Additional copies of
the bill shall be available to the public upon request. Bills introduced
to meet emergencies affecting public health, safety, or welfare shall
be plainly designated as emergency bills and shall contain, after
the enacting clause, a declaration stating that an emergency exists
and describing the claimed emergency in clear and specific terms.
(c)
Within twenty-four hours following the introduction of a bill, the
Council shall schedule a public hearing on the bill, which hearing
shall not be less than five days nor more than fourteen days after
publication of the hearing notice. Public notice of hearings on bills
shall be published in at least one newspaper widely circulated in
the County in accordance with the provisions of Section 812. The public
hearing on a bill may, but need not be, held on a legislative session
day and may be adjourned from time to time.
[Amended by Bill No. 12-29]
(d)
After the public hearing, a bill may be enacted on a legislative
session day with or without amendment except that if a bill is amended
before enactment, the bill shall not be enacted until it is reprinted
or reproduced as amended. No bill, other than an emergency bill, shall
be enacted except by the affirmative vote of at least four members
of the Council. No emergency bill shall be enacted except by an affirmative
vote of at least five members of the Council.
(e)
The Council may reject any bill on its introduction without a public
hearing by an affirmative vote of at least five members of the Council.
Any bill not enacted within 45 days after its introduction shall be
considered to have failed.
[Amended by Bill No. 88-33]
Any law shall take effect sixty calendar days following the
date it becomes law, unless by its terms it is to take effect at a
later date, or unless it is petitioned to referendum as provided in
Section 220 of this Charter. An emergency law or a law appropriating
funds for current expenses of the County shall take effect on the
date it becomes law.
(a)
Any law which becomes law pursuant to this Charter may be petitioned
to referendum except:
(b)
A law shall be submitted to a referendum of the voters upon petition,
in the form prescribed by law, of five percent of the qualified voters
of the County computed as of the date of the previous general election.
The petition shall be filed with the Board of Supervisors of Elections
of Harford County within sixty calendar days from the date the bill
becomes law.
(c)
If a petition is filed, the law to be referred shall not take effect
until thirty calendar days after its approval by a majority of the
qualified voters of the County voting thereon at the next ensuing
regular election held for members of the House of Representatives
of the United States. An emergency law shall remain in force from
the date it becomes law notwithstanding the filing of such petition,
but shall stand repealed thirty calendar days after having been rejected
by a majority of the qualified voters of the County voting thereon.
[Amended by Bill No. 12-29]
The Council shall cause all laws and all amendments to this
Charter to be published in at least one newspaper widely circulated
in the County in accordance with the provisions of Section 812. The
first publication of a law shall take place within ten days of the
date that the legislative act became law. Copies of the laws and the
Charter amendments shall be available to the public upon request.
The Council shall periodically compile and codify all laws of
the County. Each codification shall be submitted to the Council, and
if adopted by law, shall be known as the "Harford County Code." The
Council shall annually prepare and publish a cumulative supplement
to the Harford County Code.
(a)
Appointment by the County Executive of the Director of Administration,
the head of an agency and the deputy directors of an agency, in the
Executive Branch of the County government, or of a member of a board
or commission shall be subject to confirmation by the Council. If
the Council fails to act to confirm or reject any appointment within
30 days of its submission to the Council by the County Executive,
the appointment shall stand approved.
[Amended by Bill Nos. 88-34; 14-18]
(b)
In the case of appointment by the County Executive to the position
of Director of Administration, head of an agency or the deputy directors
of an agency in the Executive Branch of the County government, a vote
of at least five members of the Council shall be required to reject
such appointment.
[Amended by Bill No. 14-18]
(c)
In the case of appointment by the County Executive to membership
on a board or commission, a vote of at least four members of the Council
shall be required to reject such appointment.
[Added by Bill No. 76-35]
(a)
The Office of Council Attorney shall be administered by the Council
Attorney. At the time of appointment, the Council Attorney shall have
been a member in good standing of the Bar of the Maryland Court of
Appeals for at least five years and, prior to assuming the duties
of the office, shall be domiciled in the County.
(b)
The Council Attorney shall be the Chief Legal Advisor to the Council
in all matters and shall have the authority and duty to appear in
legal and administrative proceedings on behalf of Harford County,
Maryland, in all matters as may be deemed advisable and necessary
relating to and supporting the Council's actions, functions, powers
and duties. The Council Attorney shall be appointed by the Council
and shall be in the exempt service.
[Amended by Bill No. 78-54]
(c)
The Council Attorney shall have the authority to hire such assistant
Council attorneys and other employees as may be necessary to perform
the duties of the office. The officers and employees of the Executive
Branch shall provide such assistance and facilities to the Council
Attorney as may be deemed necessary to the performance of the Council
Attorney's duties. The Council Attorney shall render such assistance
to the officers and employees of the Executive Branch as may be necessary
to assist them in the performance of their duties.
(d)
The Council Attorney may, with the approval of the Council, employ
special legal counsel to work problems of an extraordinary nature
when the work to be done is of such a character or magnitude as to
require services in addition to those regularly provided by the Department
of Law or Council Attorney's Office.
(e)
Neither the Council Attorney nor any assistant in the Council Attorney's
Office may, at any time, while holding such office, practice as an
attorney before the Council or any agency of the County government
other than to represent the County's interest.
(f)
Subject to the approval of a majority of the Council, a People's
Counsel shall be employed by the Council Attorney to represent the
interests of the public in zoning matters. The duties, powers and
functions of the People's Counsel shall be set forth by legislative
act. The Council may provide for a People's Counsel Citizens' Advisory
Board to be appointed by the Council.
