[Amended 5-10-1982 by Res. No. 6-1982]
All legislative powers of the town are vested
in a Commission consisting of the Mayor and four (4) Commissioners,
who shall be elected as hereinafter provided. The Mayor shall hold
office for a term of two (2) years or until the succeeding Mayor takes
office. Commissioners shall hold office for a term of four (4) years
or until the succeeding Commissioners take office. The regular terms
of the Mayor and Commissioners shall expire on the second Monday following
the election of their successors. The Mayor and Commissioners holding
office at the time this Charter becomes effective as amended shall
continue to hold office for the remainder of the terms for which they
were originally elected or until the succeeding Commission takes office
under the provisions of this Charter as amended.
[Amended 5-10-1982 by Res. No. 7-1982; 11-21-2011 by Res. No.
07-2011-1]
The Mayor and Commissioners shall be citizens
of the United States, be at least twenty-one (21) years of age on
the date of the general election, reside in the State of Maryland
for at least two (2) years prior to the date of the general election,
reside in the corporate limits of the Town of Delmar for at least
two (2) years immediately preceding the date of the general election,
not have been convicted of a felony and be qualified voters of the
Town of Delmar on the date of the general election.
[Amended 5-10-1982 by Res. No. 8-1982]
Each Commissioner shall receive an annual salary
which shall be equal for all Commissioners and shall be as specified
from time to time by an ordinance passed by the Commission in the
regular course of its business; and the Mayor shall receive a salary
which shall be equal to three hundred dollars ($300.) per annum more
than the highest salary paid to any Commissioner; provided, however,
that the salary specified at the time any Mayor or Commissioner begins
his term of office shall not be changed during the remainder of his
or her term of office. The ordinance making any change in the salary
paid to the Mayor and the several Commissioners, either by way of
increase or decrease, shall take effect only after the expiration
of the current terms of the Mayor and all Commissioners in office
when such ordinance is passed. If any Mayor or Commissioner in office
at the time such ordinance is passed vacates his office prior to the
expiration of his current term of office, and he does not thereafter
fill or succeed to such office prior to the expiration of his original
term of office, then, for purposes of this section only, his current
term of office shall be deemed to have expired.
The newly elected Commission shall meet at 8:00
p.m. on the second Monday 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 shall be called by the Town Manager
upon the request of the Mayor or a majority of the members of the
Commission. All meetings of the Commission shall be open to the public,
and the rules of the Commission shall provide that residents of the
town shall have a reasonable opportunity to be heard at any meeting
in regard to any municipal question. The Commissioners may from time
to time hold an executive session from which the public is excluded,
but no ordinance, resolution, rule or regulation shall be finally
adopted at such an executive session.
The Commission shall be the judge of the qualifications
of its members.
[Added 11-21-2011 by Res. No. 07-2011-2]
Any elected official of the Town of Delmar who during his or
her term in office (a) is convicted of any crime that is a felony,
(b) convicted of any misdeameanor related to his or her public duties,
(c) is declared mentally incompetent by any court in the State of
Maryland or (d) is absent from three (3) consecutive regularly scheduled
meetings of the Mayor and Commissioners may be disqualified from retaining
his or her office should a majority of the remaining Mayor and Commissioners
vote to remove the official at a public hearing, after providing at
least fifteen (15) days written notice to said official of such public
hearing and said public hearing is advertised in a newspaper of general
circulation within the town at least one week before the hearing.
The official that is the subject of the public hearing shall be given
the opportunity to be heard at the public hearing on the potential
removal.
[Amended 5-10-1982 by Res. No. 9-1982]
At the first meeting of each newly elected Commission,
the Mayor shall appoint a Deputy Mayor from among the Commissioners,
without confirmation of the Commissioners. The Deputy Mayor shall
act as Mayor during the Mayor's absence or incapacity and shall succeed
the Mayor in the event of his permanent incapacity or leaving office.
Upon succession of the Deputy Mayor to the office of Mayor, the new
Mayor shall choose from the Commissioners a new Deputy Mayor.
[Added 5-10-1982 by Res. No. 10-1982]
The Mayor shall preside over the Commission
and may take part in all discussions and vote in all matters and shall
enjoy all other rights and privileges of the several Commissioners.
The Mayor shall appoint, subject to confirmation by a majority of
the Commission, the members of all commissions and boards of the Mayor
and Commissioners of Delmar.
[Amended 5-10-1982 by Res. No. 11-1982]
A majority of the members of the Commission
shall constitute a quorum for the transaction of business, and a majority
vote thereof shall be sufficient to pass any ordinance or any other
action without the favorable votes of a majority of the whole number
of members elected to the Commission. If a Commissioner abstains for
cause shown from voting on any matter, then he shall not be counted
for purposes of constituting a quorum for the vote on such matter.
The Commission shall determine its own rules
and order of business. It shall keep a journal of its proceedings
and enter therein the yeas and nays upon final action on any question,
resolution or ordinance, or at any other time if required by any one
(1) member. The journal shall be open to public inspection.
[Amended 2-8-1982 by Res. No. 1-1982]
When any ordinance is introduced for passage
by the Commission other than as an emergency ordinance, it shall be
read but not passed at the meeting at which it is introduced. As soon
thereafter as reasonable convenience allows, a statement of the substance
of the ordinance shall be published by posting the same at some public
place in the Town of Delmar or by printing same in a newspaper in
general circulation in Wicomico County, Maryland. At any regular or
special meeting of the Commission held not more than sixty (60) nor
less than six (6) days after the meeting at which the proposed ordinance
was introduced and first read, the ordinance shall be read for a second
time and passed or amended and passed or rejected or its consideration
deferred to some specified future date by the Commission, provided
that no ordinance shall be passed until it has been published as required
herein for at least five (5) days. Every ordinance shall become effective
upon passage by the Commission or upon the date specified in the ordinance,
if any such date shall be specified.
[Added 2-8-1982 by Res. No. 1-1982]
In cases of emergency, the requirements that an ordinance may not be passed at the meeting at which it is introduced and that it be published as provided in § DC4-9 may be suspended by the affirmative votes of four (4) members of the Commission. An emergency ordinance shall become effective on the date specified in the ordinance, but it shall expire automatically no later than six (6) months after the date on which it was passed.
[Amended 2-8-1982 by Res. No. 2-1982]
The voters of the Town of Delmar shall have
the right of referendum on all matters for which state and federal
law require the right of referendum.
[Amended 2-8-1982 by Res. No. 3-1982]
Ordinances and resolutions shall be permanently
filed by the Town Manager and shall be kept available for public inspection.
A.
General powers. The Board of Commissioners shall have
the power to pass all such ordinances not contrary to the Constitution
and laws of the State of Maryland or this Charter as it may deem necessary
for the good government of the town; for the protection and preservation
of the town's property, rights and privileges; for the preservation
of peace and good order; for securing persons and property from violence,
danger or destruction; and for the protection and promotion of the
health, safety, comfort, convenience, welfare and happiness of the
residents of and visitors in the town.
B.
Power to enter into agreements with Delmar, Delaware.
The Commission shall have the power to enter into any cooperative
agreement with the Town of Delmar, Delaware, for the common good of
the two (2) towns. The Commission may authorize the establishment
of various commissions, boards or agencies representing citizens of
both towns and having authority to carry out such duties as the Board
of Commissioners may prescribe. The Board of Commissioners shall have
the power to authorize such boards, commissions or agencies to enforce
and carry into effect town ordinances, to grant or refuse permits
and to adopt such rules and regulations as may be required to carry
out the agencies' responsibilities, according to the standards and
guidelines set forth by the Commission. The Board of Commissioners
may delegate to such boards, commissions or agencies any governmental
powers to the full extent permitted by state and federal law.
C.
Specific powers. The Commission shall have, in addition,
the power to pass ordinances not contrary to the laws and Constitution
of this state, for the specific purposes provided in the remaining
subsections of this section:
(1)
Advertising. To provide for advertising for the purposes
of the town, for printing and publishing statements as to the business
of the town.
(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 the doors and means of
egress therefrom.
(3)
Amusements. To provide, in the interest of the public
welfare, for licensing, regulating or restraining theatrical or other
public amusements.
(4)
Appropriations. To appropriate municipal moneys for
any purpose within the powers of the Commission.
(5)
Auctioneers. To regulate the sale of all kinds of
property at auction within the town and to license auctioneers.
(6)
Band. To establish a municipal band, symphony orchestra
or other musical organization and to regulate by ordinance the conduct
and policies thereof.
(7)
Billboards. To license, tax and regulate, restrain
or prohibit the erection or maintenance of billboards within the city,
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.
(8)
Bridges. To erect and maintain bridges.
(9)
Buildings. To make reasonable regulations in regard
to buildings and signs to be erected, constructed or reconstructed
in the town and to grant building permits for them; to formulate a
building code and a plumbing code and to appoint 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.
(10)
Cemeteries. To regulate or prohibit the interment
of bodies within the municipality and to regulate cemeteries.
(11)
Codification of ordinances. To provide for the
codification of all ordinances.
(12)
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.
(13)
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.
(14)
Curfew. To prohibit the youth of the town from
being in the streets, lanes, alleys or public places at unreasonable
hours of the night.
(15)
Dangerous improvements. To compel persons about
to undertake dangerous improvements to execute bonds with sufficient
sureties conditioned that the owner or contractor will pay all damages
resulting from such work which may be sustained by any persons or
property.
(16)
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.
(17)
Dogs. To regulate the keeping of dogs in the
town and to provide, wherever the county does not license or tax dogs,
for the licensing and taxing of them; to provide for the disposition
of homeless dogs and of dogs on which no license fee or taxes are
paid.
(18)
Elevators. To require the inspection and licensing
of elevators and to prohibit their use when unsafe or dangerous or
without a license.
(19)
Explosives and combustibles. To regulate or
prevent the storage of gunpowder, oil or any other explosive or combustible
matter; to regulate or prevent the use of firearms, fireworks, bonfires,
explosives or any other similar things which may endanger persons
or property.
(20)
Filth. To compel the occupant or owner of any
premises, building or outhouse situated in the town, if 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 the property, making it collectible by taxes or against the
occupant or occupants.
(21)
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;
to borrow money and issue bonds, notes or other evidence of indebtedness
and pay interest on such debts.
(22)
Fire. To suppress fires and prevent the dangers
thereof and to establish and maintain a fire department and furnish
any necessary facilities, meeting places, fire halls, etc., as may
be necessary; to contribute funds to volunteer fire companies serving
the town; to inspect buildings 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 conditions of town fire hazard regulations are met; to install
and maintain fireplugs where and as necessary and to regulate their
use; and to take all other measures necessary to control and prevent
fires in the town.
(23)
Food. To inspect and regulate the sale of any
food products and to require the condemnation thereof if unwholesome.
(24)
Franchises. To grant and regulate franchises
to water companies, electric light companies, gas companies, telegraph
and telephone companies, transit companies, taxicab companies and
any others which may be deemed advantageous and beneficial to the
town, subject to the limitations and provisions of Article 23 of the
Annotated Code of Maryland. No franchise shall be granted for a longer
period than fifty (50) years.
(25)
Garbage. To prevent the deposit of any unwholesome
substance either on private or public property and to compel its removal
to designated points; to require slops, garbage, ashes and other waste
or other unwholesome materials to be removed to designated points
or to require the occupants of the premises to place them conveniently
for removal; to provide for the regular collection and removal of
garbage and refuse.
(26)
Grants-in-aid. To accept gifts and grants of
federal or of state governments or any agency thereof and to expend
the funds for any lawful purpose, agreeably to the conditions under
which the gifts or grants were made.
(27)
Hawkers. To license, tax, regulate, suppress
and prohibit hawkers and itinerant dealers, peddlers, pawnbrokers
and all other persons selling any articles or soliciting on the streets
of the town, and to revoke such licenses for any action or threat
of action by such a licensee in the course of his occupation which
causes or threatens harm or injury to inhabitants of the town or to
their welfare or happiness.
(28)
Health. To protect and preserve the health of
the town and its inhabitants; to provide facilities for health care;
to appoint a public health officer and to define and regulate his
powers and 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 prevent and remove all nuisances; 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 State Board of Health, the County Board of Health
or any public general or local law relating to the subject of health.
(29)
House numbers. To regulate the numbering of
houses and lots and to compel owners to renumber them or, in default
thereof, to authorize and require the work to be done by the town
at the owner's expense, such expense to constitute a lien upon the
property, collectible as tax moneys.
(30)
Housing. To establish a Housing Authority pursuant
to Article 44A of the Annotated Code of Maryland (1957 Edition, as
amended), to provide safe and sanitary dwelling accommodations.
(31)
Jail. To establish and regulate a station house
or lockup for temporary confinement of violators of the laws and ordinances
of the town or to use the county jail for such purpose.
(32)
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.
(33)
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.
(34)
Lights. To provide for the lighting of the town.
(35)
Livestock. To regulate and prohibit the running
at large of cattle, horses, swine, fowl, sheep, goats, dogs 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.
(36)
Markets. To obtain by lease or rent, to own,
construct, purchase, operate and maintain public markets within the
town.
(37)
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 display of goods, wares and merchandise.
(38)
Noise. To regulate or prohibit unreasonable
noisemaking.
(39)
Nuisances. To prevent 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, whether
they be herein specifically named or not; to regulate, to prohibit,
to control the location of or to require the removal from the town
of all trading in, handling of or manufacture of any commodity which
is or may become offensive, obnoxious or injurious to the public comfort
or health. In this connection, the town may regulate, prohibit, control
the location of or require the removal from the town of such things
as stockyards, slaughterhouses, cattle or hog pens, tanneries and
renderies. The operation of any instrument, device or machine that
shall cause electrical interference with radio or television reception
within the limits of the town shall be deemed to be a nuisance. This
listing is by way of enumeration, not limitation.
(40)
Obstructions. To remove all nuisances and obstructions
from the streets, lanes and alleys and from any lots adjoining thereto,
or any other places within the limits of the town.
(41)
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.
(42)
Parking meters. To install parking meters on
the streets and public places of the town in such places as by ordinance
they determine and, by ordinance, to prescribe rates and provisions
for the use thereof; but the installation of parking meters on any
street or road maintained by the State Roads Commission of Maryland
must first be approved by that Commission.
(43)
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.
(44)
Police force. To establish, operate and maintain
a police force; to enter into an agreement with the Town of Delmar,
Delaware, providing for the joint operation of one (1) police department
to serve the two (2) towns, said agreement to specifically provide
that the two (2) towns shall be jointly liable for the costs and expenses
thereof. All town policemen within the municipality shall have the
powers and authority of constables in this state.
(45)
Police powers. To prohibit, suppress and punish
within the town all vice, gambling and games of chance; prostitution
and solicitation therefor and the keeping of bawdy houses and houses
of ill fame; all tramps and vagrants; all disorder, disturbances,
annoyances, disorderly conduct, obscenity, public profanity and drunkenness.
(46)
Property. To acquire by 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; and 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; to control, protect
and maintain public buildings, grounds and property of the town.
(47)
Regulations. To adopt by ordinance and enforce
within the corporate limits police, health, sanitary, fire, building,
plumbing, traffic, speed, parking and other similar regulations not
in conflict with the laws of the State of Maryland or with this Charter.
(48)
Sidewalks. To regulate the use of sidewalks
and all structures in, under or above them; to require the owner or
occupant of premises to keep the sidewalks in front thereof free from
snow or other obstructions; to prescribe hours for cleaning sidewalks.
(49)
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
on any public or private property in the town.
(50)
Transit system. To acquire by purchase or lease
and operate and maintain motor buses or other vehicles for the purpose
of transporting persons, both within the municipality and between
the town and points located outside the corporate limits of the town.
(51)
Taxicabs. To license, tax and regulate public
hackmen, taxicabmen, draymen, drivers, cabmen, porters and expressman
and all other persons pursuing like occupations.
(52)
Vehicles. To regulate and license wagons and
other vehicles not subject to the licensing powers of the State of
Maryland.
(53)
Voting machines. To purchase, lease, borrow,
install and maintain voting machines for use in town elections.
(54)
Zoning. To exercise the powers as to planning
and zoning, conferred upon municipal corporations generally in Article
66B of the Annotated Code of Maryland, subject to the limitations
and provisions of said Article.
D.
Appointments and removal of employees and heads of
offices, departments and agencies. The Board of Commissioners shall
appoint the heads of all offices, departments and agencies of the
town government as established by this charter or by ordinance. All
office, department and agency heads shall serve at the pleasure of
the Commission. All subordinate officers and employees of the offices,
departments and agencies of the town government shall be appointed
and removed by the Commission, in accordance with rules and regulations
of any merit system which may be adopted by the Commission. The appointing,
hiring and removal of employees may be delegated to the Town Manager,
subject to review by the Commission, to the extent allowed by law.
E.
Saving clause. The enumeration of powers in this section
is not to be construed as limiting the powers of the town to the several
subjects mentioned.
F.
Exercise of powers. All the powers of the town shall
be exercised in the manner prescribed by this Charter, or, if the
manner be not prescribed, then in such manner as may be prescribed
by ordinance.
To assure the observance of the ordinances of
the town, the Commission has the power to provide that any violation
thereof shall be a misdemeanor, which shall be punishable, upon conviction
by the District Court of Wicomico County, by a fine not exceeding
one hundred dollars ($100.) or imprisonment for up to thirty (30)
days in the county jail, or both, in the discretion of the Court.
Any person so convicted shall have the right of appeal within ten
(10) days to the Circuit Court of Wicomico County. Where the act or
omission is of a continuing nature and is persisted in, a conviction
for one (1) offense is not a bar to a conviction for a continuation
of the offense subsequent to the first or any succeeding conviction.
[Added5-10-1982 by Res. No. 12-1982]
To assure the observance of ordinances of the
town, the Commission has the power to provide that any violation thereof
shall be a municipal infraction, in accordance with and subject to
the provisions of Article 23A, § 3, of the Annotated Code
of Maryland. Municipal infractions shall be punishable by a fine not
to exceed one hundred dollars ($100.) for each conviction. The fine
shall be payable by the recipient within twenty (20) calendar days
of receipt of the citation. Repeat offenders may be assessed a fine
not to exceed two hundred dollars ($200.).
[Amended 6-13-1983 by Res. No. 1-1983]
Every person who is a citizen of the United
States, is at least eighteen (18) years of age, has resided in the
State of Maryland for at least thirty (30) days next preceding any
town election, has resided within the corporate limits of the town
for thirty (30) days next preceding any town election and is registered
in accordance with the provisions of this Charter is a qualified voter
of the town. Every qualified voter of the town is entitled to vote
at all town elections.
[Amended 5-10-1982 by Res. No. 13-1982]
There shall be a Board of Supervisors of Elections,
consisting of three (3) members who shall be appointed by the Commission
on or before the first Monday in March in every second odd-numbered
year. The terms of members of the Board of Supervisors of Elections
begin on the first Monday in March in the year in which they are appointed
and run for four (4) years. Members of the Board of Supervisors of
Elections shall be qualified voters of the town and shall not hold
or be candidates for any elective office during their term of office.
The Board shall appoint one (1) of its members as Chairman. Vacancies
on the Board shall be filled by appointment by the Commission; the
substitute appointee shall serve for the remainder of the unexpired
term. The compensation of the members of the Board shall be determined
by the Commission.
Any member of the Board of Supervisors of Elections
may be removed for good cause by the Commission if in the judgment
of the Commission the member is not properly performing or will not
properly perform the duties of the position. Before removal, the member
of the Board of Supervisors of Elections to be removed shall be given
a written copy of the charges against him and shall have a public
hearing on them before the Commission if he so requests within ten
(10) days after receiving the written copy of the charges.
The Board of Supervisors of Elections shall
be in charge of the registration of voters, nominations and all town
elections. The Board may appoint Election Clerks or other employees
to assist it in any of its duties. The Board of Supervisors of Elections
shall be the judges of all elections.
The Board of Supervisors of Elections shall
give at least two (2) weeks' notice of every election by an advertisement
published in at least one (1) newspaper of general circulation in
the town and by posting a notice thereof in some public place or places
in the town.
Qualified persons who are not registered to
vote shall have the opportunity to register on any day the town office
is open for regular business. Registration shall be permanent. No
person is entitled to vote in town elections unless he is registered.
The Board of Supervisors of Elections shall keep the registration
lists up-to-date by striking from the lists persons known to have
died or to have moved out of the town. The Commission, by ordinance,
shall adopt and enforce any provisions necessary to establish and
maintain a system of permanent registration and provide for a reregistration
when necessary, including central registration utilizing the registration
books of other governmental bodies. Registration may be suspended
for a period not exceeding five (5) days immediately preceding any
election.
If any person is aggrieved by the action of
the Board of Supervisors of Elections in refusing to register or in
striking off the name of any person or by any other action, he may
appeal to the Commission. Any decision or action of the Commission
upon such appeals may be appealed to the Circuit Court for Wicomico
County within the time allowed for such appeals.
[Amended 5-10-1982 by Res. No. 14-1982]
Persons may be nominated for elective office
in the town by filing a certificate of nomination at the office of
the Board of Supervisors of Elections on or before the second Monday
in September next preceding the town election. No person shall file
for nomination to more than one (1) elective town public office or
hold more than one (1) elective town public office at any one time.
[Amended 5-10-1982 by Res. No. 15-1982]
If necessary, a primary election shall be held
in the town on the fourth Tuesday in September in every odd-numbered
year in order to select candidates for the general election on the
third Tuesday in November. If no more than two (2) persons per available
position have filed as candidates, no primary election shall be held;
in such instances, the persons who have filed for Mayor and Commissioners
shall be considered as nominees, and their names shall be placed on
the ballots or voting machines at the general election. Of the candidates
participating in the primary election, a maximum of two (2) candidates
per available position shall be chosen as nominees for the general
election. This slate of candidates for the general election will consist
of those candidates who received the highest number of votes in the
primary election.
[Amended 5-10-1982 by Res. No. 16-1982]
A.
On the third Tuesday in November in every odd-numbered
year, the qualified voters of the town shall vote in a general election.
In the first general election and alternating general elections thereafter,
the voters shall elect two (2) Commissioners to serve for terms of
four (4) years and a Mayor. In the second general election and alternating
general elections thereafter, the voters shall elect two (2) Commissioners
to serve for terms of four (4) years and a Mayor.
B.
Notwithstanding Subsection A hereof, Commissioners shall be elected in the years 1983 and 1985 as follows:
(1)
In 1983, one (1) Commissioner only shall be elected,
and he shall serve for a term of four (4) years.
(2)
In 1985, three (3) Commissioners shall be elected;
the two receiving the highest number of votes shall serve for a term
of four (4) years and the third Commissioner, receiving the third
highest number of votes, shall serve for a term of two (2) years.
It is the duty of the Board of Supervisors of
Elections to provide for each special, primary and general election
a suitable place or places for voting and suitable ballot boxes and
ballots and/or 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, with no party designation of any kind. The Board
of Supervisors of Elections shall keep the polls open from 7:00 a.m
to 7:00 p.m. on election days or for longer hours if the Commission
requires it.
Any qualified voter registered to vote in town
elections shall have the opportunity to vote by absentee ballot. The
Board of Supervisors of Elections shall establish procedures to enable
absentee voters to vote.
All special town elections shall be conducted
by the Board of Supervisors of Elections in the same manner and with
the same personnel, as far as practicable, as regular town elections.
[Amended 5-10-1982 by Res. No. 17-1982]
Within forty-eight (48) hours after the closing
of the polls, the Board of Supervisors of elections shall determine
the vote cast for each candidate or question and shall certify the
results of the election to the Town Manager, who shall record the
results in the minutes of the Commission. The candidates for Commissioner
with the highest number of votes in the general election shall be
declared elected as Commissioners, and the candidate for Mayor with
the highest number of votes in the general election shall be declared
elected as Mayor.
All ballots used in any town election shall
be preserved for at least six (6) months from the date of the election.
[Amended 5-10-1982 by Res. No. 18-1982]
In case of a vacancy in the office of any Commissioner,
for any reason, the Commission shall elect some qualified person to
fill the vacancy for the unexpired term by the favorable votes of
a majority of the remaining members of the Commission. The results
of any such vote shall be recorded in the minutes of the Commission.
Women and men shall have equal privileges in
registering, voting and holding town offices. Whenever the masculine
gender has been used as to any registering, voting or holding town
office, it may be construed to include the feminine gender.
The Commission has 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 in case of doubt or fraud.
Any person who fails to perform any duty required
of him under the provisions of this Article or any ordinances passed
thereunder, in any manner willfully or corruptly violates any of the
provisions of this Article or any ordinances passed thereunder or
willfully or corruptly does anything which will or will tend to affect
fraudulently any registration, nomination or town election is guilty
of a misdemeanor. Any officer or employee of the town government who
is convicted of a misdemeanor under the provisions of this section
shall immediately upon conviction thereof cease to hold such office
or employment.
