All legislative powers of the city shall be vested in a Council
of five (5) members who shall be elected as herein after provided
and who shall hold office for terms of four (4) years or until their
successors are duly elected and qualified. The regular terms of Councilmen
shall expire on the first Tuesday of the month following the election
of their successors.
A.
The corporate powers of the City of Fruitland shall be vested in and shall be exercised by a Council of five (5) members to be known as the "City Council," who shall be elected from the city at large, shall hold office for a term of four (4) years or until their successors are duly elected and qualify by taking an oath administered by the City Clerk that he will diligently and faithfully discharge all the duties of his office. The regular term of Councilmen shall expire on the first Tuesday of the month following the election of their successors. Election of Councilmen shall be as provided in § FC4-7 hereof.
B.
Officers. The new City Council shall, at its first meeting following
a regular city election, choose one (1) of its members as President
and another of its members as Treasurer, and the members so chosen
shall serve in such capacities for a period of two (2) years or until
their successors are duly elected and qualified. The City Solicitor
shall preside during reorganization of the City Council.
C.
President: duties and powers. The President of the Council shall
be the chief administrative officer of the city and shall supervise
the activities of all departments of the city government except the
Department of Finance. He shall, together with the Treasurer, prepare
the annual budget of the city and submit it to the Council for approval.
He shall preside at all meeting of the Council and shall sign all
contracts, deeds or other instruments on behalf of the City of Fruitland.
He shall make recommendations to the Council for the appointment of
persons to fill vacancies among the heads of departments or in such
other offices as may hereafter be created by ordinance.
D.
Treasurer: duties and powers. The Treasurer shall head the Department
of Finance and shall be responsible for the collection of all taxes
and other moneys due the city and the verification of and payment
of all accounts. He shall, with the President, prepare the annual
budget of the city. He shall recommend to the Council the selection
of the independent accountant who shall audit the city's books
and accounts. He shall report to the Council once each month on the
state of the city finances and shall report to the Council quarterly
on the status of the current budget. He shall supervise the work of
the employees of the Department of Finance. He shall give bond to
the City of Fruitland, with such surety or sureties as the Council
may require, in such amount as the Council may require, but not less
than the minimum sum of fifty thousand dollars ($50,000.). The cost
of said bond and the cost of any other employee bonds shall be paid
out of municipal funds, and such bond or bonds shall be deposited
with the City Clerk.
Councilmen may be assigned, by action of the Council, special
liaison duties between the Council and department heads during any
period in which there is no City Manager. A Councilman so assigned
shall fully acquaint himself with the operation of the department
or departments to which he is assigned and shall consult with the
department head on special problems and policies relating to his department.
Nothing herein contained, however, shall interfere with or restrict
the right of the department head to communicate directly with the
Council or the members thereof. Councilmen may also be assigned by
action of the Council to serve on boards or commissions created by
the Council or to serve as the representative of the city on county-wide
or area boards or commissions.
Councilmen shall have resided in Fruitland for at least one
(1) year immediately preceding their election and shall be qualified
voters of the city.
A.
President and Treasurer. The President and Treasurer shall receive
such salaries for their services as President and Treasurer, respectively,
as the City Council may from time to time prescribe by ordinance;
provided, however, that no salary ordinance shall become effective
during the current terms of those holding office as President and
Treasurer when such ordinance is passed.
B.
Councilmen. Councilmen shall receive such salaries for their services
as the City Council may from time to time prescribe by ordinance;
provided, however, that no salary ordinance shall become effective
until after the expiration of the current terms of all Councilmen
in office when such ordinance is passed.
The Council shall meet on the second Tuesday of the month following
each councilmanic election for the purpose of organization, after
which the Council shall meet regularly at such times as may be prescribed
by its rules, but not less frequently than once each month. Special
meetings may be called by the President or by a majority of the members
of the Council.
A majority of the Council shall constitute a quorum for the
transaction of business, and a majority of those present shall decide
any question unless otherwise in this Charter.
If the President is absent, the Council shall elect a President
Pro Tempore for such meeting. The Council shall determine its own
rules and order of business. It shall keep a journal of its proceedings,
and the journal shall be open to public inspection.
A.
President or Treasurer. In case of a vacancy for any reason in the
offices of President or Treasurer, the Council shall at its next regular
meeting, or at a special meeting called for the purpose, elect one
(1) of the remaining members of the Council to fill the vacant office
for the unexpired term. The election and acceptance of the persons
elected shall be certified by the City Clerk. The President or Treasurer
may be removed from office as such by the vote of the remaining four
(4) members of the Council.
B.
Councilmen. In case of a vacancy in the office of Councilman, the
Council shall, at its next regular meeting, set the date for a special
election of the voters of Fruitland, at which election a successor
shall be elected to serve the remainder of the unexpired term. If,
however, at the time the vacancy occurs there is four (4) months or
less remaining of the term of office of the vacating Councilman, no
special election shall be held, and the office shall remain vacant
until the next regular election.
The Council by ordinance may create, change and abolish offices,
departments or agencies, other than the offices, departments and agencies
established by this Charter. The Council by ordinance may assign additional
functions or duties to offices, departments or agencies established
by this Charter but may not by ordinance 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.
The Council shall fix the salaries of all employees and appointees
of the City of Fruitland, including the salaries of all heads of offices,
departments or agencies. Where possible, salaries of subordinate employees
shall be set by classification and not individually.
The heads of all departments of city government who shall be
appointed by the Council shall serve during good behavior and shall
be discharged only for cause, as hereinafter defined, found by the
Council after hearing. Written charges signed by a member of the Council
shall be served upon a department head accused of dischargeable cause
at least ten (10) days prior to the Council hearing thereon, which
hearing must be held within twenty-one (21) days from the date of
service of such charges. At least three (3) affirmative votes shall
be required before such department head shall be dismissed from employment
by the Council. The President of the Council shall have the power
to suspend without pay any department head upon whom written charges
have been served pending the outcome of the Council hearing thereon. "Cause"
is hereby defined to mean either neglect of duty, inefficiency, insubordination,
habits or traits of character which render retention in employment
to be against the public interest, continuing mental or physical disability
of such a nature as to prevent adequate performance of duties, any
conduct tending to prejudice good government or tending to bring the
city or any agency thereof into public disrepute.
When any ordinance or Zoning Map change is introduced for passage
by the Council, it shall be read but not passed at the meeting at
which it is introduced. As soon thereafter as conveniently may be,
a statement of the substance of the ordinance or Zoning Map amendment
shall be published by posting the same on a bulletin board in the
municipal offices and by printing the same in some newspaper of general
circulation in the City of Fruitland. At any regular meeting held
after the publication of at least five (5) days, the substance of
said ordinance or Zoning Map amendment and not less than seven (7)
days after its introduction, the ordinance or Zoning Map amendment
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 Council.
All ordinances and Zoning Map amendments shall be passed only
by the affirmative vote of three (3) members of the Council. The members
voting affirmatively for the passage of any ordinance or Zoning Map
amendment shall append their signatures to the ordinance or the Zoning
Map amendment as evidence of its passage. All ordinances and Zoning
Map amendments shall then be delivered to the City Clerk who shall
endorse thereon the date of final passage and file the ordinance or
Zoning Map amendment in books kept for this purpose.
The City Clerk shall deliver to the Judge of the District Court
of Wicomico County a certified copy of all ordinances for the violation
of which said Judge may impose a fine or imprisonment, or both, or
other punishment and shall furnish a binder for the inclusion of such
ordinances. The Judge shall take judicial notice of all ordinances
so certified to him and of the due passage thereof.
The Council shall have the power to pass all such rules, resolutions
and ordinances not contrary to the Constitution of the United States,
the Constitution and laws of Maryland or this Charter, as it may deem
necessary for the good government of the city; for the protection
and preservation of the city's property, rights and privileges;
for the preservation of peace and good order and for securing persons
and property from violence, danger or destruction; for the protection
of the health, comfort and convenience of the residents of Fruitland
and visitors thereto and sojourners therein; and for the promotion
and orderly development of the city, the areas included therein and
the residences and businesses of the people working and living therein.
