[1959 Code, sec. 286. 1951, ch. 534, sec.
6] [Amended 6-11-2012 by Res. No. 2170; 4-25-2022 by Res. No. 2022-2]
All legislative powers of the city shall be
vested in a Council of five (5) members who shall be elected as hereinafter
provided and who shall hold office for a term of four (4) years or
until their successors are duly elected and qualified.
[1959 Code, sec. 287. 1951, ch. 534, sec.
7] [Amended 2-14-1972 by Res. No. 155; 11-8-1993 by Res. No. 441; 6-11-2012 by Res. No. 2170; 9-8-2014 by Res. No. 2443]
Councilmembers shall have resided in Salisbury
for at least one (1) year immediately preceding their election and
the Councilmembers from each District shall reside in the boundaries
of the District from which they are to be elected on the date of filing
for election and must continue to reside therein during the term to
which they are elected, must be at least twenty-one (21) years of
age and shall be qualified registered voters of the City. The Board
of Supervisors of Elections shall be the judge of the qualifications
of candidates for City Council.
[1959 Code, sec. 288. 1951, ch. 534, sec.
8] [Amended 7-12-1965 by Res. No. 59; [1] 11-12-1973 by Res. No. 172;[2] 12-14-1981 by Res. No. 232; 11-8-1993 by Res. No. 439; 2-22-2010 by Res. No. 1890; 2-25-2011 by Res. No. 2036]
Each Councilmember[3] shall receive a salary. A Salary Review Committee comprised
of five (5) members to be appointed by the Mayor is hereby created
to review salaries of Councilmembers. The Committee shall make a written
recommendation to the City Council six months prior to the next election
for Councilmembers, with salaries to be effective in the fiscal year
after all five Councilmembers’ current terms have expired. Salary
recommendations shall be considered by the City Council and salary
shall be set forth and adopted in an Ordinance passed by the City
Council. Thereafter, a Salary Review Committee shall be appointed
by the Mayor every four (4) years to perform the task set forth herein
with salaries to be established by the City Council by Ordinance.
Councilmembers may also be eligible to participate in benefit programs
by paying the full cost of participation in the employee benefit programs.
Nothing herein shall permit salaries or benefits to be changed to
be effective during the term for which a Councilmember is then serving.
The Committee established herein shall be the same Committee established
for a similar review of the salary of the Mayor.
[1]
Editor's Note: The preamble to Res. No. 59,
adopted 7-12-1965, was as follows:
"Whereas, the present salary rates of councilmen
and the mayor as compensation for their services were established
in Sections 8 and 22 respectively of the Charter of the City of Salisbury
over thirteen years ago; and
"Whereas, during such period of time the volume
and complexity of the City's business and affairs has increased greatly,
and such increase is continuing, with the result that the City's demands
on the councilmen and the mayor for their services and time have increased
substantially and are likely to continue to increase; and
"Whereas, the rate of compensation for personal
services of all kinds in the community have increased greatly during
the same period; and
"Whereas, in the judgment of the Council it
is both proper and equitable that the salaries aforementioned be increased
to reflect the trend of the times and especially in view of the ever-increasing
demand on their time in attending to matters of public business.
[2]
Editor's Note: The preamble to Res. No. 172,
adopted 11-12-1973, was as follows:
"WHEREAS, the present salary rates of Councilmen
and the Mayor as compensation for their services were established
in Sections 8 and 22 respectively of the Charter of the City of Salisbury
over five years ago; and
"WHEREAS, during such period of time the volume
and complexity of the City's business and affairs has increased greatly,
and such increase is continuing, with the result that the City's demands
on the Councilmen and the Mayor for their services and time have increased
substantially and are likely to continue to increase; and
"WHEREAS, the rates of compensation for personal
services of all kinds in the community have increased greatly during
the same period; and
"WHEREAS, in the judgment of the Council it
is both proper and equitable that the salaries aforementioned be increased
to reflect the trend of the times and especially in view of the ever-increasing
demand on their time in attending to matters of public business."
[3]
Editor's Note: So in original. Probably should read "Council
member."
[1959 Code, sec. 289. 1951, ch. 534, sec.
9] [Amended 12-13-1999 by Res. No. 684; 1-24-2005 by Res. No. 1186]
The newly elected Council shall meet on the
second Monday evening following its 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 twice a month,
except the Council may meet once during the months of June, July,
August and December. Special meetings may be called in writing by
the Mayor or a majority of the members of the Council as often as
necessary for the transaction of business.
[1959 Code, sec. 290. 1951, ch. 534, sec.
10]
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 provided in this Charter.
[1959 Code, sec. 291. 1951, ch. 534, sec.
11] [Amended 12-28-1998 by Res. No. 622]
The Council shall organize by electing a permanent
President and Vice-President of the Council. If the President is absent,
the Vice-President shall preside at 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.
[1959 Code, sec. 292. 1951, ch. 534, sec.
12] [Amended 5-23-2005 by Res. No. 1247]
Vacancies in the Council shall be filled as
provided in § SC6-12 of this Charter.
[1959 Code, sec. 293. 1951, ch. 534, sec.
13]
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 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.
[1959 Code, sec. 294. 1951, ch. 534, sec.
14]
The Council shall fix the salaries of all employees
and appointees of the City of Salisbury, including the salaries of
all heads of offices, departments or agencies, but not including the
salary of the Mayor or Councilmen or other elected officials.
[1959 Code, sec. 295] [Added 9-9-1957 by Ord. No.
765A as sec. 14A; amended 4-23-2005 by Res. No.
1247]
All department heads shall serve during good
behavior and shall be dischargeable only for cause, "Cause" is hereby
defined to mean either incompetency, inefficiency; neglect of duty;
malfeasance, misfeasance; insubordination; habits or traits of character
which render retention in employment to be against the public interests;
material violation of the City's drug and/or alcohol use policies
as established from time to time; a continuing mental or physical
disability of such a nature as to prevent adequate performance of
duties (subject to applicable federal or state laws prohibiting discrimination
against disabled individuals); or any conduct tending to prejudice
good government or tending to bring the City, or any agency thereof,
into public disrepute.
If the Mayor decides that a department head
should be terminated, then the Mayor shall serve a written notice
upon the department head at least thirty (30) days in advance of the
intended termination date. The written notice shall set forth a brief
summary of the cause or causes upon which such termination is based.
Within five (5) days after receipt of such notice, the department
head may elect to have a hearing on such termination by serving a
written notice of such election upon the City Administrator, in which
event the department head's termination shall be deferred until a
decision is rendered in connection with the hearing. A hearing before
the Mayor and City Council will then be scheduled within twenty (20)
days from the date of service of notice of the election by the department
head. The hearing shall be closed to the public and be conducted in
accordance with such rules and procedures as may be proposed by the
Mayor and adopted by the Council, from time to time. Sworn testimony
may be provided at that time.
After the conclusion of the hearing, the Mayor
and Council may privately deliberate before rendering a decision;
provided however, that a written decision must be rendered within
five days from the conclusion of the hearing. In order to uphold the
termination of the department head, the vote of the Mayor and at least
three (3) votes of the Council must be in favor of termination.
The Mayor shall have the power to suspend without
pay any department head upon whom a notice of termination has been
served pending the outcome of the termination hearing before the Mayor
and Council. If the termination is not upheld, nothing herein shall
prevent the Mayor from taking other disciplinary action with respect
to the department head.
[1959 Code, sec. 296. 1951, ch. 534, sec.
15]
When any ordinance 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 shall be published by
posting the same at some public place in the City of Salisbury (or
by printing the same in some newspaper of general circulation printed
in the City of Salisbury). At any regular or special meeting of the
Council held not more than sixty (60) nor less than six (6) days after
the meeting at which the 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 Council, provided that no ordinance shall be passed
until it has been published as required by this section for at least
five (5) days.
[1959 Code, sec. 297. 1951, ch. 534, sec.
16] [Amended 3-11-2002 by Res. No. 823; 6-27-2002 by Res. No. 853]
All ordinances and bylaws passed by the Council
shall be delivered by the City Clerk at once, or as soon as conveniently
may be, to the Mayor for his approval. The Mayor shall return the
same to the City Clerk within six (6) days after delivery to him (inclusive
of the day of delivery and of return) with his approval or disapproval.
Any ordinance or bylaw returned by the Mayor without his approval
shall not become a law unless subsequently passed at a meeting by
four-fifths (4/5) of the whole Council within twenty (20) days from
the time of the return of the ordinance. If the Mayor fails to return
the ordinance or bylaw within six (6) days of its delivery as aforesaid,
then the ordinance or bylaw shall become a law without his approval.
[1959 Code, sec. 298. 1951, ch. 534, sec.
17]
Ordinances, when passed and approved by the
Mayor or when passed over his veto, shall be permanently filed by
the City Clerk in a book or books kept for that purpose.
[1959 Code, sec. 299. 1951, ch. 534, sec.
18]
The City Clerk shall deliver to the Judge of
the People's Court of Wicomico County a certified copy of all ordinances
for the violation of which the Judge may impose a fine or imprisonment,
or both, or other punishment. The Judge shall take judicial notice
of all ordinances so certified to him and of the due passage thereof.
[1959 Code, sec. 300. 1951, ch. 534, sec.
19] [Amended 3-11-2002 by Res. No. 824; 6-27-2002 by Res. No. 854]
The Council shall have the power to pass all
such bylaws and ordinances not contrary to the Constitution, the 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; and for the protection of the health, comfort
and convenience of the residents of Salisbury and visitors thereto
and sojourners therein.
[Added 11-8-1993 by Res. No. 437]
If, before the expiration of twenty (20) calendar
days following the approval of any ordinance or resolution by the
Mayor or passage of any ordinance or resolution over the Mayor's veto,
a petition is filed with the City Clerk, containing not less than
twenty percent (20%) of the qualified registered voters of the City
of Salisbury, requesting that the ordinance or resolution, or any
part thereof, be submitted to a vote of the qualified voters of the
City of Salisbury for their approval or disapproval, the Council shall
have the ordinance or resolution or part thereof requested for referendum
placed on the ballot of the next regularly scheduled election or at
a special election for the sole purpose of the referendum if the Council
deems such a special election warranted. Moreover, the Council, if
it so chooses, may pass legislation subject to a referendum which
will necessitate a vote to approve or disapprove the legislation prior
to its enactment as valid law. Additionally, no ordinance or resolution
shall become effective following the receipt of a petition set forth
herein until and unless approved at the election by a majority [more
than fifty percent (50%)] of the electorate participating in the voting
on the question. However, the Council, as a stated purpose, may designate
an ordinance or resolution to be emergency legislation which shall
become effective at approval by the Mayor or upon passage by the Council
over the Mayor's veto for a period of sixty (60) days following the
receipt of a petition as set forth above. If such emergency legislation
has not been submitted to the qualified voters within sixty (60) days
following the receipt of the petition, the operation of the ordinance
or resolution, or the part thereof requested for referendum, shall
be suspended until approved by a majority [more than fifty percent
(50%)] of the electorate participating in the election on the question.
Nothing herein shall permit the electorate to petition for referendum
regarding any of the following: the budget ordinance; the assessment
of taxes; the issuance of bonds; the levying of taxes to retire public
indebtedness; and the levying of special assessments. However, the
Council may, at its discretion, submit any of the referenced issues
to the public by express grant at the time of the passage of the ordinance.
