[Amended 5-10-2005 by Res. No. CR-28-2005]
There shall be a City Treasurer appointed by the Mayor with
the approval of the Council. The Treasurer shall serve at the pleasure
of the Mayor and the Council. The Treasurer shall be the chief financial
officer of the City. The financial powers of the City, except as otherwise
provided by this Charter, shall be exercised by the Treasurer with
oversight by the City Manager. The Council President or designee shall
be the only one(s) authorized to request information from the Treasurer
on behalf of the Council.
Under the supervision of the City Manager, the Treasurer shall
have the authority and shall be required to:
(a) Assist the City Manager in preparation of an annual budget to be
submitted by the Mayor to the Council.
(b) Supervise and be responsible for the disbursement of all monies and
have control over all expenditures to assure that budget appropriations
are not exceeded. In no event may the Treasurer issue any check, make
use of a credit or debit card, or make any other expenditure without
approval of the Councilmembers authorized to sign checks.
[Amended 12-8-2014 by Res. No. CR-01-2015]
(c) Maintain a general accounting system for the City in such form as
the Council may approve, not contrary to state law.
(d) Submit at the end of each fiscal year, and at such other times as
the Council, Mayor, or City Manager may require, a financial report
to the Council through the Mayor.
(e) Ascertain that all taxable property within the City is assessed for
taxation.
(f) Collect all taxes, special assessments, license fees, liens, and
all other revenues (including utility revenues) of the City, and all
other revenues for whose collection the City is responsible and receive
any funds receivable by the City.
(g) Have custody of all public monies belonging to or under the control
of the City, except funds in the control of any set of trustees, and
have custody of all bonds and notes of the City.
(h) Do such other things in relation to the fiscal or financial affairs
of the City as the Mayor, City Manager, or the Council may require
or as may be required elsewhere in this Charter.
The City shall operate on an annual budget. The fiscal year
of the City shall begin on the first day of July and shall end on
the last day of June in the following year. The fiscal year constitutes
the tax year, the budget year, and the accounting year.
(a) Submission of budget. On or before the 15th day of April of each
year, the Mayor shall submit to the Council a budget for the ensuing
fiscal year and an accompanying message.
(b) Budget message. The Mayor's message shall explain the budget both
in fiscal terms and in terms of work programs. It shall outline the
proposed financial policies of the City for the ensuing fiscal year,
describe the important features of the budget, indicate any major
changes from the current year in financial policies, expenditures,
and revenues together with the reasons for such changes, summarize
the City's debt position and include such other material as the Council
may require or the Mayor deems desirable.
(c) Council action on budget. Upon receipt of the proposed budget from
the Mayor, the Council shall publish in one or more newspapers of
general circulation in the City the general summary of the proposed
budget and tax levy, and a notice stating:
(1)
The times and places where copies of the message and budget
are available for inspection by the public.
(2)
The time and place, not less than two weeks after such publication,
for a public hearing on the budget. Copies of the budget shall be
made available for distribution to the public at least two weeks prior
to hearing.
(a) The budget shall provide a complete financial plan of all City funds
and activities for the ensuing fiscal year and, except as required
by law or this Charter, shall be in such form as the Mayor deems desirable
or the Council may require. In organization, the budget shall follow
the most feasible combination of expenditure classification by fund,
organization unit, program, purpose or activity. It shall begin with
a clear general summary of its contents; shall show in detail all
estimated income, indicating the proposed property tax levy, and all
proposed expenditures, including debt service for the ensuing fiscal
year; and shall be so arranged as to show comparative figures for
actual and estimated income and expenditures of the current fiscal
year and actual income and expenditures of the preceding fiscal year.
(b) The budget shall indicate in separate sections:
(1)
Proposed expenditures for current operations during the ensuing
fiscal year, detailed by offices, departments and agencies in terms
of their respective work programs, and the method of financing such
expenditures;
(2)
Proposed capital expenditures during the ensuing fiscal year,
detailed by office, departments, and agencies when practicable, and
the proposed method of financing each such capital expenditure; and
(3)
Anticipated net surplus or deficit for the ensuing fiscal year
of each utility, business, or enterprise owned or operated by the
City; subsidiary budgets for each such enterprise giving detailed
income and expenditure information shall be attached as appendices
to the budget.
(c) Copies of the budget and of any capital improvement programs as adopted
by the Council shall be public records and shall be made available
to the public, and open to public inspection at the Municipal Center
during normal business hours.
(d) The total of proposed expenditures in the budget shall not exceed
the total of estimated revenue.
After the public hearing, the Council may adopt the budget with
or without amendment. In amending the budget, it may add or increase
programs or amounts and may delete or decrease any programs or amounts,
except expenditures required by law or for debt service or for estimated
deficit, provided that no amendment to the budget shall increase the
authorized expenditures to an amount greater than the total of estimated
revenue.
(a) The Council shall adopt the budget by ordinance on or before the
second Monday in June of the fiscal year currently ending. Adoption
of the budget shall be by a favorable vote of at least a majority
of the Council.
(b) Adoption of the budget by the Council shall constitute appropriation
of the amounts specified therein as expenditures from the funds indicated
and shall constitute a levy of the property tax therein proposed.
(c) If the Council fails to adopt the budget by the second Monday in
June, the budget for the current fiscal year shall be deemed adopted
for the ensuing fiscal year as if it had been enacted by ordinance
until the Council adopts a new budget.
(a) Supplemental appropriations. If during the fiscal year the Mayor
certifies that there are available for appropriation revenues in excess
of those estimated in the budget, the Council by ordinance enacted
by the affirmative vote of at least two-thirds of the entire Council
may make supplemental appropriations for the year up to the amount
of such excess.
(b) Emergency appropriations. To meet a public emergency affecting life,
health, property or the public peace, the Council may make emergency
appropriations. Such appropriations may be made by emergency ordinances
in accordance with the provisions of Section 308 of this Charter.
To the extent that there are no available unappropriated revenues
to meet such appropriations, the Council may by such emergency ordinance
authorize the issuance of emergency notes, which may be renewed from
time to time, but the emergency notes and renewals of any fiscal year
shall be paid not later than the last day of the fiscal year next
succeeding that in which the emergency appropriation was made.
(c) Reduction of appropriations. If at any time during the fiscal year
it appears probable to the Mayor that the revenues available will
be insufficient to meet the amount appropriated, he or she shall report
to the Council without delay, indicating the estimated amount of the
deficit, any remedial action taken, and his or her recommendations
as to any other steps to be taken. The Council shall then take such
further action as it deems necessary to prevent or minimize any deficit
and for that purpose it may by ordinance reduce one or more appropriations.
(d) Transfer of appropriations. At any time during the fiscal year the
City Manager may transfer part of any unencumbered appropriation balance
within an expenditure classification. Upon written request by the
Mayor, the Council may, by ordinance adopted by the affirmative vote
of at least two-thirds of the entire Council, transfer part or all
of any unencumbered appropriation balance from one expenditure classification
to another.
(e) Limitations; effective date. No appropriation for debt service may
be reduced or transferred, and no appropriation may be reduced below
any amount required by law to be appropriated or by more than the
amount of the unencumbered balance thereof. The supplemental and emergency
appropriations and reduction or transfer of appropriations authorized
by this section may be made effective immediately upon adoption.
(a) Work programs and allotments. At such time as the City Manager shall
specify, each department, office or agency shall submit work programs
for the ensuing fiscal year showing the requested allotments of its
appropriation by periods within the year. The City Manager shall review
and authorize such allotments with or without revision as early as
possible in the fiscal year. The Manager may revise such allotments
during the year if he or she deems it desirable and shall revise them
to accord with any supplemental, emergency, reduced or transferred
appropriations made pursuant to Section 808.
(b) Fees received. All fees received by an officer or employee of the
City government in an official capacity shall belong to the City government
and be accounted for to the City.
(c) Custody of public monies. All public monies, bonds, and notes belonging
to or under the control of the City shall be given to and remain in
the custody of the Treasurer. The Treasurer shall provide a bond with
such corporate surety and in such amount as the Council by ordinance
may require. All taxes, special assessments, license fees, liens,
and all other revenues of the City or receivable by the City shall
be collected by and remain in the custody of the Treasurer.
(d) Checks. All checks issued in payment of salaries or other municipal
obligations shall be issued and signed by the Treasurer, Mayor, and
a Councilmember selected by the Council.
(e) Payments and obligations prohibited. No payment shall be made or
obligation incurred against any allotment or appropriation except
in accordance with appropriations duly made and unless the City Manager
or his designee first certifies that there is sufficient unencumbered
balance in such allotment or appropriation and that sufficient funds
therefrom are or will be available to cover the claim or meet the
obligation when it becomes due and payable. Any authorization of payment
or incurring of obligation in violation of the provisions of this
Charter shall be void and any payment so made illegal; such action
shall be cause for removal of any officer who knowingly authorized
or made such payment or incurred such obligation, and he or she shall
be liable to the City for any amount so paid. However, except where
prohibited by law nothing in this Charter shall be construed to prevent
the making or authorizing of payments or making of contracts for capital
improvements to be financed wholly or partly by either the issuance
of bonds or the issuance of construction notes, or to prevent the
making of any contract or lease providing for payments beyond the
end of the fiscal year provided, that such action is made or approved
by ordinance.
Every appropriation, except an appropriation for a capital expenditure,
shall lapse at the close of the fiscal year to the extent that it
has not been expended or encumbered. An appropriation for a capital
expenditure shall continue in force until the purpose for which it
was made has been accomplished or abandoned if three years pass without
any disbursement from or encumbrance of the appropriation.
(a) Notice of tax levy. Immediately after the adoption of the budget
is made by the Council in each year, the Treasurer shall give notice
of the making of the levy by posting a notice thereof in some public
place or places in the City. The Treasurer shall arrange with the
Prince George's County Office of the Maryland Department of Assessments
and Taxation to include City taxes on the property tax bill sent to
each taxpayer. Failure to give or receive any notice required by this
section shall not relieve any taxpayer of the responsibility to pay
on the dates established by this Charter all taxes levied on his or
her property.
(b) Taxable property. The City Manager shall ascertain that all taxable
property within the City is assessed for taxation. All real property
and all tangible personal property within the corporate limits of
the City, or personal property which may have a situs there by reason
of the residence of the owner therein, is subject to taxation for
municipal purposes, and the assessment used shall be the same as that
for state and county taxes. No authority is given by this section
to impose taxes on any property which is exempt from taxation by the
Constitution or any laws of the State of Maryland.
(c) Overdue taxes. The taxes provided for in Section 807 of this Charter are due and payable on the first day of July in the year for which they are levied and are overdue and in arrears on the first day of the following October. They shall bear interest while in arrears at the rate prescribed by state law until paid. All taxes not paid and in arrears after the first day of the following January shall be collected as provided in Subsection
(d).
(d) Sale of tax delinquent property. A list of all property on which the City taxes have not been paid and which are in arrears as provided by Subsection
(c) of this section shall be turned over by the Treasurer to the County official responsible for the sale of tax delinquent property as provided in state law. All property listed thereon if necessary shall be sold for taxes by this county official in the manner prescribed by state law.
(e) Tax relief. The Council may by ordinance enact tax relief in accordance
with Maryland law.
(a) Authority. The City shall have the power to borrow money for any
proper public purpose and to evidence such borrowing by the issue
and sale of general obligation bonds, notes, and other evidences of
indebtedness in the manner prescribed in Sections 31 through 39 of
Article 23A of the Annotated Code of Maryland, except that said bonds
may be sold at either: (1) public sale or (2) private sale without
advertisement or publication of notice of sale or solicitation of
competitive bids, any public general or public local law to the contrary
notwithstanding, if the ordinance actually authorizing the issuance
of said bonds shall so specify. All general obligation bonds, notes,
or other evidences of indebtedness shall be authorized by ordinance
before being issued.
(b) Indebtedness limitation; limit on borrowing power. Such sums of money
as may be borrowed under the authority of this section shall not exceed
at any one time a total of 5% of the assessed valuation of the property
in said City for tax purposes.
(c) Payment of indebtedness. The power and obligation of the City to
pay any and all general obligation bonds, notes, or other evidences
of indebtedness issued by it under the authority of this Charter shall
be unlimited and the City shall levy ad valorem taxes upon all the
taxable property of the City for the payment of such bonds, notes
or other evidences of indebtedness and interest thereon, without limitation
of amount. The faith and credit of the City is hereby pledged for
the payment of the principal of and the interest on all general obligation
bonds, notes, or other evidences of indebtedness issued under the
authority of this section, whether or not such pledge be stated in
the bonds, notes, or other evidences of indebtedness, or in the ordinance
authorizing their issuance.
(a) Authority. During the first six months of any fiscal year, the City
may borrow in anticipation of the collection of the property tax levied
for that fiscal year, and may issue tax anticipation notes or other
evidences of indebtedness as evidence of such borrowing. Such tax
anticipation notes or other evidences of indebtedness shall be first
lien upon the proceeds of such tax and shall mature and be paid not
later than six months after the beginning of the fiscal year in which
they are issued.
(b) Limitation. No tax anticipation notes or other evidences of indebtedness
of the City shall exceed 50% of the property tax levy for the fiscal
year in which the notes or other evidences of indebtedness are issued.
(c) Issuance and sale. All tax anticipation notes or other evidences
of indebtedness shall be authorized by ordinance before being issued.
The Council shall have the power to regulate all matters concerning
the issuance and sale of tax anticipation notes.
(a) Authority. The City shall have the power to issue revenue bonds for
one or more revenue-producing projects that serve a proper public
purpose. Prior to issuance of revenue bonds, the Council shall enact
an ordinance stating the public purpose for which the proceeds of
the revenue bonds are to be expended.
(b) Payment of indebtedness. Revenue bonds shall be made payable, as
to both principal and interest, solely from the income, proceeds,
revenues, and funds derived from the project or projects for which
they were issued. Notwithstanding the authority granted to the Mayor
and Council by Section 812 of this Charter, the faith and credit of
the City may not be pledged for the payment of revenue bonds.
(a) Authority. The City shall have the power to borrow from time to time
upon the credit of said corporation such sum or sums as may be necessary
for carrying out of municipal purposes, but the aggregate amount of
such sums borrowed under the authority of this section shall at no
time exceed $125,000. Any short-term note or certificate of indebtedness
executed pursuant to this subsection shall be authorized by ordinance
before being used.
(b) Promissory notes. In case money is so borrowed, the corporation shall
issue the promissory note or notes or certificate or certificates
of indebtedness of said corporation therefor, to be executed by the
Mayor and the Treasurer of Glenarden under the seal of said corporation
thereto affixed as evidence or evidences of indebtedness for said
sum or sums so borrowed; and the sum or sums so borrowed and interest
thereon shall be repaid from time to time as funds shall become available
for the purpose from the funds of said City. The term of said notes
or certificates shall not exceed five years. They may be sold by private
negotiation, and the interest rate to be applied to them shall not
exceed the maximum limit as specified for the sale of municipal bonds
by the Annotated Code of Maryland.
(a) Authority. The City shall have the power to borrow money for capital
improvements and to evidence such borrowing by the issuance of one
or more notes, and to secure the payment of such note or notes by
the giving of a mortgage (or mortgages) on the property as improved.
(b) Repayment. In the case of money so borrowed, the note or notes so
issued, and any mortgage given to secure payment of the same shall
be signed by the Mayor and the seal of the municipal corporation thereto
affixed and the sum or sums so borrowed and interest thereon shall
be repaid from time to time as funds shall become available for the
purpose from the funds of the City. The term of such notes shall not
exceed 20 years.
(c) Procedures.
(1)
Whenever the Council of Glenarden determines that a need exists
for borrowing money to finance a capital improvement for the City,
and further determines to borrow money pursuant to this section, the
Council shall first enact an ordinance which shall state the public
purpose upon which the loan proceeds are to be expended, the principal
amount of the loan, the maximum rate of interest that the City will
pay on said principal amount and the term of years over which the
loan is to be repaid.
(2)
Such ordinance shall contain the following form of notice which
notice shall be published in one newspaper of general circulation
in the City by two insertions thereof over a period of not less than
10 days next preceding the date fixed for submission of written responses
by interested banks or financial institutions:
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Notice of Solicitation for Construction Loan
|
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The City of Glenarden, Maryland, a municipal corporation organized
under the laws of the State of Maryland, is soliciting a construction
loan to finance the following capital improvement: _____ the loan
is to be in the principal amount of _____ dollars, repayable within
_____ year(s), with interest not to exceed _____ percent per annum.
The City has authority by virtue of Section 816 of its Charter to
secure the payment of the loan by giving a mortgage on the property
to be improved. Any bank or financial institution interested in negotiating
such a loan with the municipal corporation should send written notification
of such interest to the Glenarden City Manager at: James R. Cousins,
Jr. Municipal Center, 8600 Glenarden Parkway, Glenarden, Maryland
20706, on or before _____ o'clock _____ M on the ___ day of (Month),
(Year). Such notification should be in a sealed envelope and contain
the following notation: "Notification of Interest in Construction
Loan."
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All such notifications shall be opened promptly at the time
and place designated, the names of the banks and financial institutions
recorded, and within a period of not more than 10 days thereafter,
the City Manager shall cause construction loan applications to be
filed with all such interested banks and financial institutions. Upon
receipt of loan commitments, the City Manager shall submit the same
to the Council for a determination as to the bank or financial institution
with which the construction loan shall be placed. Such determination
shall be made in favor of the bank or financial institution that is
able to lend such funds on terms deemed by the Council to be most
favorable to the City.
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(3)
At any time prior to the acceptance of a loan commitment by
the City, or at any time prior to the City's execution of a construction
loan note or a mortgage as authorized by this section, if the Council
determines that another mode of financing would be more beneficial
to the City, it shall have the right to pursue such other method,
and to so notify any banks or financial institutions which have responded
to its notice soliciting a construction loan.
(4)
Before any construction loan note is executed on behalf of the
City, the Council shall by ordinance authorize the execution of the
specific construction loan note, and shall incorporate by reference
into the enabling ordinance the terms of such note. Likewise, before
any mortgage is executed to secure the payment of a construction loan
note made pursuant to this section, the Council shall, by ordinance,
authorize the execution of the specific mortgage and shall incorporate
by reference into the enabling ordinance the terms of such mortgage.
All bonds, notes or other evidences of indebtedness validly
issued by the City previous to the effective date of this Charter
and all ordinances passed concerning them are hereby declared to be
valid, legal, and binding and in full force and effect as if herein
fully set forth.
[Amended 9-8-2008 by Res.
No. CR-01-2009; amended 11-12-2019 by Res. No. CR-01-2020]
A. All supplies
material, equipment, construction of public improvements and contractual
services, except as otherwise provided in this Charter, when the estimated
cost thereof shall exceed $6,000, shall be purchased by formal written
contract from the bidder who offers the lowest or best bid as determined
by the Mayor or Council as provided in this Charter, after due notice
inviting bids.
B. Any purchase
more than $2,000 but less then $6,000 requires that notice be given
to the City Council three days prior to purchase.
C. In lieu
of the contract bid process required by this section, and in place
of Section 821(a), (b) and (c) of this Charter, whenever a federal,
state, county or local government, or any agency thereof, whose purchasing
policies are comparable to those of the City of Glenarden, has conducted
a bid and awarded a contract, the City may purchase by contract the
bid item at the bid price from the successful bidder, subject to the
approval of the Mayor or Council. Prior to the City's purchase of
an item, service or material from a successful bidder of another jurisdiction,
the City Manager shall obtain a copy of the jurisdiction's purchasing
policies.
(a) Newspaper. Notice inviting bids shall be published at least once
in a newspaper of general circulation within the City at least five
days preceding the last day set for the receipt of bids.
(b) Scope of notice. The newspaper notice required herein shall include
a general description of the articles or services to be purchased
or sold, shall state where bid forms and specifications may be secured,
and the time and place for opening bids.
(c) Vendors list. The City Manager shall also solicit sealed bids from
all responsible prospective suppliers and contractors who have requested
that their names be added to a "vendors list" which the City Manager
shall maintain, by sending them a copy of such newspaper notice or
such notice as will acquaint them with the proposed purchase or sale.
In any case invitations sent to the vendors on the vendor's list shall
be limited to commodities that are similar in character and ordinarily
handled by the trade group to which the invitations are sent.
(d) Bulletin board. The City Manager shall also advertise all pending
purchases or sales by a notice posted on the public bulletin board
in the Municipal Center.
When deemed necessary by the City Manager or required by the
Council, bid deposits shall be prescribed in the public notices inviting
bids. Unsuccessful bidders shall be entitled to return of security
deposit where the City Manager has required such. A successful bidder
shall forfeit any security deposit required by the City Manager upon
failure on the bidder's part to enter a contract within 10 days after
the award.
(a) Sealed. Bids shall be submitted sealed to the City Manager and shall
be identified as bids on the envelope.
(b) Opening. Bids shall be opened in public at the time and place stated
in the public notice.
(c) Tabulation. A tabulation of all bids received shall be posted for
public inspection.
(d) Bidders in default to City. The City Manager shall not accept the
bid of a contractor who is in default on the payment of taxes, licenses,
or other monies due to the City.
The Mayor shall have the authority, upon approval of the Council,
to reject all bids, parts of all bids, or all bids for any one or
more suppliers or contracted services included in the proposed contract,
when the public interest will be served thereby.
(a) Authority in Mayor. The Mayor shall have authority to recommend the
award of contracts within the context of this Charter.
(b) Lowest responsible bidder. Contracts shall be awarded with the approval
of the Council, to the lowest responsible bidder. In determining the
"lowest responsible bidder," in addition to price, the following factors
shall be considered:
(1)
The ability, capacity and skill of the bidder to perform the
contract or provide the service required;
(2)
Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay and interference;
(3)
The character, integrity, reputation, judgment, experience and
efficiency of the bidder;
(4)
The quality of performance of previous contracts or services;
(5)
The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or service;
(6)
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service;
(7)
The quality, availability and adaptability of the suppliers,
or contractual services to the particular use required;
(8)
The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract; and
(9)
The number and scope of conditions attached to the bid.
(c) Minimum number of bids. All open market purchases shall wherever
possible, be based on at least three competitive bids, and shall be
awarded to the lowest responsible bidder in accordance with the standards
set forth in this section.
(d) Award to other than low bidder. When the award is not to the low
bidder, a full and complete statement of the reasons for recommending
another award shall be prepared by the Mayor and provided to the Council
with the other papers relating to the transaction.
(e) Tie bids.
(1)
Local vendors. If all bids received are for the same total amount
or unit price, quality and service being equal, the contract shall
be recommended for award to a local bidder.
(2)
Outside vendors. Where Subsection (e)(1) of this section is
not in effect, the Mayor shall recommend award of the contract to
one of the tie bidders by the results of drawing lots in public.
(f) Performance bonds. The Mayor shall be authorized to require a performance
bond, before entering a contract, in such amount as he or she shall
find reasonably necessary to protect the best interests of the City,
provided that such bond is not less than 10% of the contract.
No contract or purchases shall be subdivided to avoid the requirements
of this Charter.
Expenditures for contracts involving technical or professional
services, such as consulting and supervising engineers, architects,
attorneys at law, and certified public accountants, are exempt from
the provisions of the bidding procedures required by this Charter,
provided however, that all contracts for exempt technical or professional
services shall be awarded only after notice inviting potential contractors
to submit proposals has been given in at least one newspaper of general
circulation in the City at least five days prior to the awarding of
any contract, and shall be first approved by the Council.
Notwithstanding any other provision of this Charter, any supplies,
purchases or contractual services involving any emergency as clearly
found by the Council, may be exempted from the bidding requirements.
Notwithstanding any other provision of this Charter or City
ordinances, the Mayor is hereby authorized to negotiate a multiyear
contract, not to exceed three years, for review and approval by the
Council. No such multiyear contract shall be authorized without the
express approval of the Council.
(a) The Mayor, with consent of the Council, may declare any unusable,
obsolete or outmoded personal property or equipment belonging to the
City as surplus property and sell such surplus property to the general
public to the highest bidder or offeror.
(b) The method for disposal of property being so declared is through
a periodic surplus list placed in the Municipal Center and by circulation
throughout the City with the monthly City meeting notice.
(c) The notice shall identify the means of acquisition to be by bid,
informal offer or specified auction date.
(d) All revenues collected from the sale of surplus property shall be
deposited with the Treasurer.
The Council shall develop guidelines to encourage minority participation
in the City's procurement process to provide a proportionate share
of procurement contracts to minority business enterprises.
The financial books and accounts of the City shall be audited
annually as required by Article 19 of the Annotated Code of Maryland.
The results of such audit including copies of the audit, management
letters or any pertinent audit documents are to be presented, simultaneously,
by the auditor to the Mayor and Council. The audit shall also be summarized
and published annually in a newspaper of general circulation in the
City within 30 days after receipt by the Mayor and Council.
The Council shall provide for additional financial or management
audits as needed.
[Added 5-10-2005 by Res. No. CR-28-2005]
(a) The City Treasurer shall be subject to separate annual performance
evaluations to be performed by the Mayor and Council with input from
the City Manager.
(b) The performance and evaluation criteria shall be prepared by the
Mayor and adopted by the Council and may be periodically revised by
the Mayor with the approval of the Council.
[Added 5-10-2005 by Res. No. CR-28-2005]
The Mayor and Council may remove the City Treasurer from office
in accordance with the following procedures:
(a) The Mayor shall submit to the Council a resolution to consider removal
of the City Treasurer, which must state the reasons for removal, a
copy of which shall be delivered to the City Treasurer as soon as
practicable. The Mayor's resolution to consider removal of the City
Treasurer shall not require the approval of the Council. After submitting
to the Council a resolution to consider removal of the City Treasurer,
the Mayor may suspend the City Treasurer from duty with pay for a
period not to exceed 45 days pending Council action on a final resolution
of removal.
(b) Alternatively, the Council shall adopt by an affirmative vote of
a majority of all of its members a resolution to consider removal
of the City Treasurer, which must state the reasons for removal and
may suspend the City Treasurer from duty with pay for a period not
to exceed 45 days. Such resolution and suspension shall not require
the approval of the Mayor. A copy of the resolution to consider removal
shall be delivered to the Treasurer as soon as practicable.
(c) Within five days after a copy of the resolution to consider removal
is delivered to the City Treasurer, he or she may file with the Council
a written request for a hearing. This hearing shall be held at a closed-session
Council meeting not later than 20 days after the request is filed.
The City Treasurer may file with the Council a written reply to the
resolution to consider removal not later than five days before the
hearing.
[Amended 3-12-2012 by Res. No. CR-05-2012]
(d) The Council may adopt a final resolution of removal which may be
made effective immediately, by affirmative vote of a majority of all
its members, at any time after five days from the date when a copy
of the resolution to consider removal was delivered to the City Treasurer,
if a closed-session hearing has not been requested, or any time after
the closed session hearing if one has been requested.
[Amended 3-12-2012 by Res. No. CR-05-2012; 5-12-2014 by Res. No. CR-03-2014]