[Amended 9-13-2004 by Res. No. 2004-10]
A. Number; term. All legislative powers of the town shall be vested
in a Commission consisting of five Commissioners, who shall be elected
or appointed as provided in Section 305 of this Charter, and who shall
hold office for a term not to exceed four years or until the succeeding
Commissioners take office. The term of all elected Commissioners shall
commence on the third Tuesday in June.
[Amended 8-6-2012 by Res.
No. 2013-03]
B. Oath of office.
(1) On the third Tuesday in June, the candidates who have been elected
as herein provided under the provision of Section 305 shall present
themselves at the town office and shall take the oath of office as
Commissioners as hereinafter provided by Section 1401.
[Amended 10-12-2010 by Res. No. 2011-04]
(2) In the event that any one of said newly elected Commissioners is
unable to be present for the administration of the oath as hereinafter
provided in Section 1401 then that person shall take the oath as soon
thereafter as is practical, but in no case later than 12:00 midnight
July 31 next following said election.
(3) Any person who is appointed to the office of Town Commissioner in
accordance with the provisions of this Charter shall be required to
take the oath of office set forth in Section 1401 before entering
upon any official duties.
[Amended 12-17-2017 by Res. No. 2018-04]
Commissioners shall have resided within the corporate limits
of the town for at least 365 days immediately preceding their election
and shall reside within the town limits of Princess Anne during their
entire term of office. Commissioners shall be qualified voters of
the town as provided in Section 301 of this Charter.
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 Commissioners in the regular
course of their business; provided, however, that the salary specified
at the time any Commissioner or group of Commissioners takes office
shall not be changed during the period for which that Commissioner
or that group of Commissioners were elected or appointed. The ordinance
making any change in the salary paid to the several Commissioners,
either by way of increase or decrease, shall be adopted prior to the
municipal election for the members of the next succeeding Commissioners
and shall take effect only as to the members of the next succeeding
Commission.
[Amended 9-13-2004 by Res. No. 2004-10; 12-13-2004 by Res. No.
2004-11; 10-12-2010 by Res. No. 2011-04]
The newly elected Commissioners shall meet at a time specified
by the Commissioners on the third Tuesday in June following the election
for the purpose of organization. The Commissioners shall meet thereafter
frequently at such times as may be prescribed by their rules, but
not less frequently than once each month. Special meetings shall be
called by the Town Manager upon request of the President of the Commissioners
or upon request of a majority of the Commissioners. The rules of the
Commissioners shall provide that residents of the town shall have
a reasonable opportunity to be heard at any regular meeting in regard
to any municipal question.
The validity of the election and the validity of the qualifications
of any individual Commissioner shall be judged as provided in Section
309 of this Charter.
Any three Commissioners shall constitute a quorum for the transaction
of municipal business except as provided for in cases of emergency
ordinances as set forth in Section 410 of this Charter.
The Commissioners shall determine their own rules and order
of business. They shall keep a journal of their proceedings and enter
therein the affirmative and negative votes upon final action in any
question, resolution or ordinance or at any time as required by any
one member. The journal shall be open to public inspection.
No ordinance shall be passed at the meeting at which it is introduced.
At any regular or special meeting of the Commissioners held not less
than six nor more than 60 days after the meeting at which the ordinance
was introduced, it shall be passed or passed as amended or rejected
or its consideration deferred to some specified future date. In case
of emergency, the above requirement may be suspended by an unanimous
vote when three or more Commissioners are present. An emergency is
hereby defined as a situation affecting the general health, safety
or welfare of the inhabitants of the town. Every ordinance, unless
it shall be passed as an emergency ordinance, shall be effective at
the expiration of 20 calendar days following approval. Every ordinance
shall be published in substance at least twice in a newspaper or newspapers
having general circulation in the Town of Princess Anne. A true and
full copy thereof shall be posted in a conspicuous place in the office
of the Commissioners for a period of 20 calendar days following approval.
An emergency ordinance shall be effective on the date specified in
the ordinance and shall be given the same public notices specified
for other ordinances.
Neither the President nor any of the other Commissioners shall
have the authority to veto or countermand any ordinance, resolution,
rule or other legislative action. Each Commissioner shall be entitled
to one vote.
If, before the expiration of 20 calendar days following approval
of any ordinance, a petition is filed with the Town Manager containing
the signatures of not less than 20% of the qualified voters of the
town and requesting that the ordinance or any part thereof be submitted
to a vote of the qualified voters of the town for their approval or
disapproval, the Commissioners shall have the ordinance or the part
thereof requested for referendum submitted to a vote of the qualified
voters of the town at the next regular town election or, in the Commissioners'
discretion, at a special election occurring before the next regular
election. No ordinance or the part thereof requested for referendum
shall become effective following the receipt of such petition until
and unless approved at the election by a majority of the qualified
voters voting on the question. An emergency ordinance or the part
thereof requested for referendum shall continue in effect for 60 days
following receipt of such petition. If the question of approval or
disapproval of any emergency ordinance or any part thereof has not
been submitted to the qualified voters within 60 days following receipt
of the petition, then the operation of the ordinance or the part thereof
requested for referendum shall be suspended until approved by a majority
of the qualified voters voting on the question at any election. Any
ordinance or part thereof disapproved by the voters shall stand repealed.
The provisions of this section shall not apply to any ordinance or
part thereof passed under the authority of Section 817 levying property
taxes for the payment of indebtedness, but the provisions of this
section shall apply to any ordinance or any part thereof levying special
assessment charges under the provisions of Sections 1101 and 1102
of this Charter. The provisions of this section shall be self-executing,
but the Commissioners may adopt ordinances in furtherance of these
provisions and not in conflict with them.