The legislative branch of the County government shall consist
of the County Council, hereinafter referred to as the Council, and
the officers and employees thereof.
All legislative powers which may be exercised by Wicomico 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 a Charter in 1967, shall be vested in the Council.
At its first meeting in December of each year, the Council shall
elect from among its members, by a vote of the majority of the total
number of Council members established by this Charter, a President
and a Vice-President. The President, or in his absence the Vice-President,
shall, establish the agenda and 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.
A.
Council Administrator. 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.
B.
Other staff. There may be such other officers or staff of the Council,
so long as such positions are funded in the Council's operating budget.
Such officers or staff shall perform duties and functions not inconsistent
with those assigned to the legislative branch by this Charter.
C.
Experts, consultants, attorneys. The Council may at its discretion,
and subject to the provisions in its budget or supplementary appropriation,
by resolution engage the services of experts, consultants or attorneys
to aid it in its inquiries, investigations or the drafting or codification
of legislation.
A.
County Internal Auditor. The Council shall appoint a County Internal
Auditor who shall serve at the pleasure of the Council and shall receive
such compensation as the Council may determine. The County Internal
Auditor shall be a currently certified: auditor (CIA or CISA), fraud
examiner (CFE), or public accountant (CPA) licensed for the practice
of his or her profession under the laws of this state. Inactive but
previously certified candidates may be considered and hired on a conditional
basis subject to regaining qualifications.
[Amended 7-20-2010 by Res. No. 112-2010]
B.
Exemptions. The Council may exempt on an annual basis those agencies
whose entire records, accounts, and affairs are completely audited
each year and may, for good cause, grant an extension to submit the
financial audit.
C.
Special Audits. Either the County Council or the County Executive
may at any time order the examination or audit of the accounts of
any agency or organization that receives or disburses county funds.
The County Internal Auditor shall report the results of his/her audit
to the County Executive and the County Council, and copies shall be
made available to the public no later than three months after the
completion 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 County Council pursuant to this section shall be exempt from the
executive veto.
D.
Auditor's duties. The County Internal Auditor shall prepare and submit
to the County Council and the County Executive reports in internal
accounting control, administrative and operating practices and procedures,
and other pertinent financial and compliance matters. The County Internal
Auditor's duties may include operational and performance auditing
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.
E.
Inspection. All records and files pertaining to the receipt and expenditure
of county funds by all officers, agents, and employees of the county,
and all records and files pertaining to management and performance
of the functions and activities of 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 Internal Auditor.
The County Internal Auditor shall immediately notify the County Council
at its next legislative session-day and shall immediately notify the
County Executive of any irregular or improper procedure which he may
discover.
F.
Council authority. The County Council shall have the power to implement
the provisions of this section and to assign additional functions,
duties, and personnel to the County Internal Auditor not inconsistent
with those provided herein. All actions of the County Council pursuant
to this section shall be exempt from the executive veto.
[Amended 11-8-2022 by referendum]
A.
Committees
and quorum. In all of its functions and deliberations, the County
Council shall act as a body and shall have no power to create standing
committees or to delegate any of its functions and duties to a smaller
number of its members than the whole. A majority of the total number
of Council Members established by this Charter must be physically
present, or electronically present with the approval of the Council
President due to extenuating circumstances, to constitute a quorum.
B.
Censure.
A County Council Person may be censured by an affirmative vote of
at least five members of the County Council for actions which are
repeated, substantial violations of this Charter.
The enumeration of powers in this Charter shall not be held
or deemed to be exclusive, but, in addition to the powers enumerated
therein, implied therein or appropriate to the exercise thereof, the
County Council shall have and may exercise all legislative powers
which, under the Constitution and laws of this state, it would be
competent for this Charter specifically to enumerate.
In the exercise of all its powers, the County Council shall
be subject to the express limitations imposed by this Charter and
by all applicable provisions of the Constitution and laws of this
state.
A.
Vested powers. The County Council shall be the elected legislative
body of the county and shall be vested with all the law-making powers
thereof. The County Council is authorized to enact public local laws
for the county and to repeal or amend such local laws as have heretofore
been enacted by the General Assembly of Maryland upon matters covered
by the Express Powers Act of 1918 (Article 25A of the Annotated Code
of Maryland, 1957 Edition) and are now in force or hereafter amended.
B.
Rules. The County Council shall adopt rules of legislative procedure
which shall provide for the enrollment of all bills enacted and the
certification thereof.
C.
Journal. The County Council shall provide for the keeping of a journal
which shall be open to public inspection at all reasonable times.
A.
Legislative sessions. The County Council shall hold its Legislative
Sessions on the first and third Tuesdays of each month, of each year.
In the event a legislative day falls on a holiday, the following business
day will then be the day of the legislative session. In addition thereto,
the County Council may be called into special legislative session
for two (2) additional days during any month by a majority of the
County Council, provided that the aggregate of all legislative days
does not exceed forty-five (45) days in a calendar year. Said special
session days may be, but need not be consecutive.
B.
Non-legislative sessions. The County Council may sit in non-legislative
sessions at such other times and places as it may determine. In such
sessions the County Council may review the county budget as proposed
by the County Executive, conduct public hearings and perform such
additional functions as by Charter or law are properly exercisable
by it, other than enacting legislation.
A.
Public meetings. The Legislative Sessions of the County Council shall
be open to the public.
B.
Enacting clause. The style of the enacting clause for all laws of
the County Council shall be "Be it enacted by the County Council of
Wicomico County, Maryland," and all laws shall be passed by original
bill.
C.
Titles. Each law enacted by the County Council shall embrace but
one (1) subject, and that subject shall be described in its title
and no law, or section of law, shall be repealed, revived or amended
by reference to its title or section only.
D.
Publication of proposed laws. On the introduction of any bill, a
copy shall be placed on the official bulletin board to be set up by
the County Council, and additional copies shall be made available
to the public, the press and other news media. Within five (5) days
following the introduction of a bill, the County Council shall schedule
and give public notice of a public hearing on the bill. The date of
the public hearing and the titling of every such bill, stating the
objectives and purposes thereof; shall be published at least once
a week for two (2) successive weeks prior to enactment of the bill
in some newspaper of general circulation in Wicomico County. Each
copy of the bill shall bear the date it was introduced. A notice with
the titling and summary of the bill shall be published once after
enactment in a newspaper of general circulation within Wicomico County.
E.
Passage of law. All legislation not passed within sixty (60) days
after its introduction shall fail, unless five (5) members of Council
affirmatively vote to extend this deadline.
F.
Method of passage. No bill shall be passed except by an affirmative
vote of the majority of the total number of Council members established
by this Charter, and on passage the vote shall be on roll call by
yeas and nays, to be recorded in the journal.
G.
Effective date of laws; emergency measures. All public local laws
passed by the County Council shall take effect sixty (60) days following
the date it becomes law, unless by the affirmative vote of five (5)
members of the County Council any such law shall be declared to be
effective on a later date or declared an emergency measure affecting
the pubic[1] health, safety or welfare, in a matter which has suddenly
and unexpectedly arisen which requires immediate action in the public
interest, in which latter event the same shall take effect from the
date it becomes law. "Emergency measures" shall be plainly designated
as emergency bills, and contain, after the enacting clause a declaration
stating that an emergency exists and describing the claimed emergency
in clear and specific terms. The term "emergency measure" shall not
include any measure creating or abolishing any office; or changing
the salary, term or duty of any officer; or granting any franchise
or special privilege; or creating any vested right or interest.
[1]
Editor's Note: So in original. Probably should read "public."
A.
Power reserved.
The people of Wicomico County reserve to themselves the power, by
petition, to have submitted to the registered voters of the county,
for approval or rejection by them by a majority vote, at the next
regular election for any state or federal office, or at a special
election to be called by the County Council not less than 30 days
nor more than 120 days after said petitions have been filed, provided
that the County Council shall have no authority to call said special
election in the event a regular election for any state or federal
office shall be provided within 180 days of the date said petitions
were filed, any public local law or any part of any public local law
including any public local law or any part of any public local law
authorizing any issue of bonds, certificates of indebtedness, notes
or other obligations of the county or renewal thereof or reallocating
proceeds thereof.
[Amended 11-8-2022 by referendum]
B.
Petitions;
when filed. Any referendum petition hereunder shall be filed with
the Board of Elections within sixty (60) days after enactment of the
legislation which is the subject of the referendum and shall be signed
by a number of registered voters in the county at least equal to twenty
per centum (20%) of the number of voters who voted in the previous
presidential election, or 10,000 registered voters, whichever is less.
[Amended 8-7-2012 by Res.
No. 131-2012]
C.
Content
and process of petition. The content of petitions, execution by signers,
required information provided by signers, affidavit of circulators,
filing of petitions, determinations, verification and certification
shall be as prescribed by law.[1]
[1]
Note: The intent of the amendment to this paragraph is to
avoid the previous conflict between the requirements of Board of Election
Supervisors and the County Charter, for example the form of affidavit.
The revision permits the Council to utilize state regulations and
if necessary to adopt comprehensive procedural regulations by legislation
in the future.
D.
Effect
of referendum petition. If such petition is filed with the Board of
Elections within the time aforesaid, containing the number of signatures
as aforesaid, and is in compliance with the other provisions of the
law and this Charter, said public local law shall not become effective
until thirty (30) days after its approval by a majority of the qualified
voters voting thereon. An emergency measure, as defined in Section
308, Subsection (g),[2]of this Article, shall remain in force from the date of
its enactment notwithstanding the filing of such petition, but shall
stand repealed thirty (30) days after having been rejected by a majority
of the qualified voters voting thereon.
[2]
Editor's Note: So in original. Probably should read "Section
311, Subsection G."
E.
Furthering
legislation. The provisions of this section shall be self-executing;
provided, however, that legislation in furtherance hereof and not
in conflict herewith may be enacted by the County Council.
[; ]
A.
Aggregate
issues. No bonds, certificates of indebtedness, notes or other obligations
shall be issued by the county on its faith and credit and for its
corporate uses in an amount exceeding, in the aggregate, three and
two tenths per centum (3.2%) of the assessable basis of real property
of the county and eight per centum (8%) of the County's assessable
basis of personal property and operating real property of the county
as described in section 8-109c of the Tax - Property Article, except
that (1) tax anticipation notes or other evidences of indebtedness
having a maturity not in excess of twelve (12) months, (2) bonds or
other evidences of indebtedness issued or guaranteed by the county
payable primarily or exclusively from taxes levied in or on, or other
revenues of, special taxing areas or districts heretofore or hereafter
established by law and (3) bonds or other evidences of indebtedness
issued for self-liquidating and other projects payable primarily or
exclusively from the proceeds of assessments or charges for special
benefits or services, shall not be included as bonds or evidences
of indebtedness in computing or applying said limitations.[1]
[1]
Note: Amends the Charter to comply with the Truth in Assessment
legislation previously adopted by the State changing the percentage
of valuation subject to assessment.
B.
Authorization.
All issues of bonds, certificates of indebtedness, notes or other
obligations issued on the faith and credit of the county for a term
in excess of 12 months, other than bond anticipation notes, may be
issued on a serial and/or term maturity plan; said installments shall
be in such amounts as may be deemed advisable by the County Council
or by any official of the County to which the County Council has delegated
authority to make any such final determination, and said installments
are not required to be equal in amount: provided, however, that the
last installment of the series shall become due not later than 30
years after the date of issuance, except that the last installment
of the series of any such bonds, certificates of indebtedness, notes
or other obligations issued to the federal government or the State
of Maryland or any department, agency or other instrumentality of
either the federal government or the State of Maryland shall become
due not later than 40 years after the date of issuance. No principal
need be payable on bond anticipation notes issued on the faith and
credit of the county until their scheduled date of maturity.
[Amended 7-15-2008 by Res. No. 101-2008; 11-8-2022 by referendum]
C.
Refunding.
All issues of bonds, certificates of indebtedness, notes or other
obligations of the county are subject to refunding in accordance with
the provisions of Section 19-207 of the Local Government Article of
the Annotated Code of Maryland, as replaced, supplemented or amended
from time to time.
[Amended 7-15-2008 by Res. No. 100-2008; 11-8-2022 by referendum]
D.
Current
expenses. No county obligations for a term in excess of twelve (12)
months shall be issued for current operating expenses.
E.
Urban Service
Commission. This section shall not be applicable as to bonds issued
or to be issued by the Wicomico County Urban Service Commission, now
or hereafter established in said county under Chapter 243 of the Laws
of 1955 and the amendments thereto.
F.
Borrowing
authorization. Any borrowing to finance capital projects must be authorized
by an existing law of the General Assembly of Maryland or by a public
local law of the Council passed in accordance with this Charter, as
the same may be amended.
[Added 11-8-2022 by referendum]
G.
Public sale at competitive bid. With regard to any issue of bonds,
certificates of indebtedness, notes or other obligations issued on
the faith and credit of the County that is to be sold by public sale
at competitive bid, by public local law or by resolution, the County
Council may determine the manner in which any notice of sale or summary
notice of sale relating to such issue may be published and/or disseminated
by a method other than publication.
[Added 11-8-2022 by referendum]
A.
Generally. Neither the County Council nor any of its members shall:
1.
Attempt to supervise, direct, administer or interfere with any of
the functions or the personnel of the executive branch;
2.
Attempt to influence the head of any department of the county government
concerning the appointment of any person to, or his/her removal from,
any office or employment; or
3.
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.
B.
Communications. Formal communications from the Council to the executive
branch shall be addressed to the County Executive, and neither the
Council nor any member thereof shall give orders either publicly or
privately to any subordinate of the County Executive.
[Amended 8-2-2016 by Res.
No. 101-2016]
A.
Director of Administration, Assistant Director of Administration,
department heads and the initial appointment of deputy directors.
Appointment by the County Executive of the Director of Administration,
the Assistant Director of Administration, department heads or the
initial appointment of a deputy director of a department in the executive
branch of the county government shall be subject to confirmation by
the County Council. If the Council fails to act to confirm or reject
any appointment within 45 days of its submission to the County Council,
at its legislative session, by the County Executive, the appointment
shall stand approved.
[Amended 7-3-2018 by Res.
No. 65-2018]
B.
Boards and commissions. Appointment by the County Executive to membership
on a board or commission shall be subject to confirmation by the County
Council. If the Council fails to act to confirm or reject any appointment
within forty-five days of its submission to the County Council, at
its legislative session, by the County Executive, the appointment
shall stand approved.
