All members of the Town Council of the Town of Forest Heights,
and the officers, employees, and appointees of the various boards,
committees and other appointed bodies, and all other persons shall
abide by the rules, policies and practices stated in this Article
or by any other duly approved ordinance, resolution or order to ensure
the proper conduct of Town business, proper administrative interaction
with agencies outside of the municipality, and proper administration
of employees, appointees and bodies of the Town of Forest Heights.
A. Appointment of Council committees. Within 30 days of taking office,
the Mayor shall establish, at a minimum, four standing oversight committees
to include, Ways and Means, Finance, Public Works and Sanitation,
and Public Safety, and shall appoint Chairs with the approval of the
full Council from among the sitting Council persons to each of these
committees. These Council committees shall provide oversight of an
advisory nature in their respective areas. Unless otherwise stated
in this section, the standing committees of the Council shall include
as members (voting and nonvoting) only elected and appointed officials
of the Town. The Mayor from time to time may further appoint with
consent of Council certain ad hoc committees of the Council. Appointment
of Council members or other ex officio Town officials to a committee
of the Council shall not be deemed a violation of the dual office
or position prohibition found in Section 33-71 of the Town Charter.
B. Council's powers should Mayor fail to appoint. Should the Mayor for any reason fail to establish the standing committees as stated in Subsection
A or appoint the Chairs as provide in Subsection
A within 30 days of taking office or should the Mayor fail to fill the vacancies in the Chairmanship positions within 30 days of any vacancy, the full Council may fill such vacancies within the four standing committees enumerated in Subsection
A from among its members except that the Mayor shall not be appointed to any of said Chairmanship positions, but the Mayor may participate as an ex officio member of any committee of the Council.
C. Governance and responsibilities of appointed bodies.
(1) Reports. At each Council meeting a report from the standing or ad
hoc committee of the Council or any other appointed body shall be
made by the Chairperson or other designee when requested, and staff
assistance to a committee or other body shall be assigned by the Mayor.
(2) Council committees. Except as otherwise stated in this Article, no
committee of the Council shall consist of more than three Council
members but may include officers, employees or other professionals
or consultants to assist the voting members.
(3) Authority. Unless otherwise provided by law or resolution, a committee
or other appointed body shall not have any authority to act on behalf
of the full Council, nor shall such committees or other appointed
bodies conduct hearings or take testimony or public comment unless
specifically authorized by resolution of the Council or as permitted
by other law.
(4) Appointment procedures. Except for Council committees appointed pursuant to Subsections
A and
B, other appointed body vacancies shall generally be advertised in the Forest Heights News and posted at the Forest Heights municipal building. Any interested person or stakeholder is encouraged to submit an application to the Mayor and Council in care of the Town Clerk. From time to time when appropriate, after applications have been received, the following selection process shall occur:
[Amended 6-5-2014 by Em. Ord. No. 06-14]
(I)
Copies of applications shall be distributed, and the Mayor may
further recommend Chairpersons of mayoral task forces for Council
approval. Committee and other appointed body members shall be approved
by the Mayor and Council from among the applications submitted. Except
as otherwise stated in this Article or other law, committees and other
appointed body members shall choose their own Chairperson.
(II)
Short interview meetings (i.e., 10 to 15 minutes) may be scheduled
with the Town Council.
(III)
The Town Council shall decide shortly thereafter who shall be
appointed to any vacancies or positions. The individuals shall receive
from the Town Clerk notification of their appointments along with
any relevant background material regarding the appointment.
(IV)
Applicants who are not appointed will be so notified and advised
that their applications may remain on file for consideration should
future vacancies occur.
(V)
Without further legislative action, the Mayor, when deemed appropriate,
may activate and appoint members, with approval of the Council by
motion entered into the journal, the following ad hoc, standing, or
advisory committees or bodies:
[Amended 2-1-2016 by Ord.
No. 01-16]
1.
Annexation and 210 Corridor Planning Commission;
2.
Beautification and Appearance Committee;
4.
Charter and Ordinance Committee;
5.
Communications Committee;
6.
Community Surveillance Cameras Committee;
7.
Economic Development Committee;
8.
Emergency Preparedness Committee;
9.
Environmental Concerns Committee;
10.
Forest Heights Day Committee;
11.
Housing and Community Needs Committee;
12.
Neighborhood Watch Committee;
13.
New Sidewalk Project Committee;
16.
Public Safety Advisory Council;
18.
Special Events Committee;
19.
Stormwater Drainage Upgrade Commission;
20.
Strategic Planning Commission;
21.
Streetlighting Committee;
22.
Sustainability Planning Commission;
23.
Youth Advisory Committee;
24.
Youth, Parks and Recreation Committee; and
(5) Compensation and budget.
(I)
Appointed members shall receive no compensation, although they
may be reimbursed for actual expenses incurred in the performance
of their duties in accordance with appropriations for the various
bodies or purposes as made by the Council.
(II)
In general, an individual board, committee or other body often
may not have a budget. If a board, committee or other body anticipates
a need to expend funds not currently budgeted, it may request funds
through the Mayor's office. Such a request is subject to a review
and evaluation of need, availability of funds, and approval by the
Council. For those bodies having budgeted funds set aside for their
purposes, no contract shall be entered into without approval of the
Council and no expenditures shall be made without approval of the
Mayor or Council as authorized by law.
(6) Qualifications. Except for mayoral task forces, the Mayor shall appoint,
with the consent of Council, all members of any other appointed bodies
created by ordinance, this Article or resolution unless otherwise
prescribed by law. Unless prescribed otherwise by Charter or other
law, all bodies shall have appointees who shall meet the following
qualifications for appointment: i) A member shall be a resident of
the Town or a nonresident stakeholder; ii) With the exception of a
young adult or youth member of the Youth Advisory Committee who shall
be permitted to take a leave of absence to accept a summer job with
the Town, a member shall not be a person employed by or under contract
to the Town except as a non-voting liaison; iii) Except for Council
members serving on Council committees, a member may not currently
serve on any other Town board, council, committee or other appointed
body, including ad hoc committees or task forces; and iv) A member
shall not be a convicted felon, or be a party to a lawsuit currently
pending against the Town for monetary damages unless otherwise waived
by a unanimous vote of the full Council. For the purposes of this
section, a "stakeholder" shall mean a person having an interest in
or affiliation with the Town as determined by the appointing authority.
[Amended 6-5-2014 by Em. Ord. No. 06-14]
(7) Terms of appointment and removal. Unless otherwise prescribed by
law, the terms of appointment for the various appointed bodies shall
generally be one year; however, certain appointments may be for two
years. The appointing authority shall make appointments such that
the terms are staggered to the maximum extent possible. Whenever new
bodies are formed, or new appointments are made to replace resigning
members, approximately half of the initial appointments shall be for
shorter one-year periods. Task forces formed for specific purposes
do not have terms and exist only until their purpose is accomplished.
The following requirements shall also apply to terms of appointment,
and removal or suspension of members:
(I)
Upon appointment and as a condition thereof, an appointee shall
take and subscribe to the oath or affirmation of office as provided
for in Section 33-84 of the Town Charter;
(II)
Prior to the expiration of a member's term, the Town Clerk
shall send a letter to the individual with a survey form, notifying
the member of the impending term expiration and requesting if the
member would like to serve another term. The Mayor and the Council
shall be provided with the member's response. Members who are
interested in being reappointed shall be considered along with other
applicants;
(III)
Members are free to resign at any time, should their personal
circumstances prevent continued effective service. A letter of resignation
or other writing shall be submitted to the Mayor and Council in care
of the Town Clerk but the resignation shall not become effective until
approved by the appointing authority; and
(IV)
Excessive absenteeism, excluding short-term illness or necessary
travel, is cause for removal of a board, committee or other non-elected
body appointee. Unless otherwise prescribed by law, a body's
appointee may be removed from office for cause or without cause by
the Mayor with the consent of Council. A member of a task force may
be removed from office for cause or without cause solely by the Mayor.
Unless otherwise prescribed by law, a member of any appointed body
may be suspended from office by the Mayor for any reason or no reason
whatsoever until such time as the Council decides to lift the suspension
or remove the appointee from office. Notwithstanding any provision
of this subsection regarding suspension or removal to the contrary,
any charter violations, pending criminal charges or criminal convictions
involving an appointee shall be governed by Section 33-93 of the Town
Charter.
(8) Meetings. Unless the appointing authority declares otherwise, the
Chairperson shall be chosen by the appointed body and shall be responsible
for setting the proposed meeting agenda, unless the body decides on
another procedure. A Councilperson shall be assigned to coordinate
with each body and shall assist in drafting the agenda, scheduling
meetings, and in the preparation and distribution of meeting materials.
The following operating policies and procedures shall also apply:
[Amended 6-5-2014 by Em. Ord. No. 06-14]
(I)
Except for those boards, committees and other bodies that have
adopted their own rules of procedure and unless otherwise specified
by law, the most recent edition of Robert's Rules of Order shall
generally be followed when conducting meetings;
(II)
All board, committee and other body meetings shall be open to
the public after reasonable notice is given and conducted in accordance
with the State of Maryland's Open Meetings Law. A body may convene
in closed session only for those reasons set forth in State Government
Article, § 10-508(a) of the Annotated Code of Maryland and
a body should consult with the Town Clerk prior to a consideration
of so doing;
(III)
Certain bodies may have standing meeting times, while others
may meet on an as-needed basis. Unless otherwise prescribed by law,
each board, committee or body may meet as frequently as necessary
to carry out its responsibilities. A body may also cancel a meeting
from time to time if there are no agenda items in need of consideration
or if a quorum cannot attend. A quorum for conducting business shall
be a simple majority of the membership of the board, committee or
other body;
(IV)
With the exception of meetings where transcripts are required,
the minutes should be brief and essentially reflect decisions, motions,
votes and recommendations of the body. A copy of the minutes should
be sent to the Town Clerk for custodial purposes, who shall forward
a copy to the Council; and
(V)
The Council recognizes the importance of civil discourse at
all levels of the government including those who volunteer their time
and services on behalf of the town. Boards, bodies and committees
should conduct themselves so as to maintain public confidence in their
local government and in the performance of the public trust. They
should strive at every meeting to treat every person fairly and with
respect. In turn, it is expected that those members from the community
attending Town board, body or committee meetings will display respect
to the public, board, body and committee members and Town staff. Professional
respect does not preclude differences of opinion but requires respect
for those differences and the people who express them. Everyone should
strive for civil discourse on all matters. Disruptive behavior may
result in removal by the Chair of any person responsible for such
behavior.
(9) Summoning witnesses; requiring production of papers; refusal to obey
summons.
(I)
The Town Council, through the Town Clerk, and any of its standing
or ad hoc committees, through its Chairmen and with the consent of
the full Council, may summon and require the testimony of any witness
and require the production from any witness summoned of any paper
or other thing which may be of value or interest in any hearing which
is ordered by the Town Council or any committee of the Council.
(II)
Any person who is summoned under this section and fails to appear,
or who refuses to testify or produce such papers or other things as
directed or who is otherwise guilty of disrespect to the Town Council
for failure to comply, or any of its committees, during any hearing
before them, shall be guilty of a misdemeanor and may be fined $1,000
and/or imprisoned for a period not to exceed one month.
(10)
Member liability. Members of a Town-appointed body are considered
municipal officials, regardless of whether they receive compensation.
Subject to certain exceptions and limitations, state law allows a
municipality to indemnify its officials and employees from personal
financial loss, while acting in a discretionary capacity, without
malice, and within the scope of the official's authority. The
Town has purchased various liability insurance policies for this purpose
and intends to indemnify its duly appointed committee, board and other
body members in substantially the same manner as its other appointed
and elected officials.
(11)
Use of Town Attorney. The Town Attorney provides legal services
to all Town departments, boards, committees and other bodies upon
request of the Mayor or Council. Unless the matter involves an alleged
violation of the Town's Ethics Ordinance, a board, body or committee
Chair shall make a formal request to the Mayor for approval to confer
with the Town Attorney. The Town Administrator shall coordinate and
submit the request to obtain legal advice with the Mayor or Council.
Except in an emergency or ethics complaint, the board, body and committee
members may not contact the Town Attorney directly. The request submitted
to the Mayor or Council must include the subject matter of the legal
advice requested and any written materials to provide background information
for the request. With certain exceptions, questions presented to and
advice received from the Town Attorney are ordinarily protected by
the Town's attorney-client privilege. That information should
be labeled as such and segregated in the board's, body's
or committee's files to avoid inadvertent disclosure and waiver
of the privilege.
(12)
E-mail usage. The use of electronic mail creates certain issues
related to the state Open Meetings and Public Records Laws. There
is no distinction in the law between written and electronic records.
As a result, it is likely that e-mail messages written or received
in the capacity of a board, committee, commission or body member are
public records which must be made available for public inspection
in the same manner as hard-copy documents. Use of one's own home
computer and personal e-mail accounts may not exempt such communications
depending on the context. Unless subject to a privilege provided for
by law, employees, board and committee members acting in their official
capacity should have no expectation of privacy in their use of electronic
mail for Town purposes. Appointees are encouraged to establish or
obtain separate e-mail accounts from the Town or another provider
dedicated solely for their use as a Town official.
(13)
Speaking for a body. An individual appointed member has a right
to speak publicly as a private citizen but should not purport to represent
the board, body or committee or exercise the authority of the board,
body or committee except when specifically authorized by that body
to do so. If members identify themselves as members when speaking
as private citizens, it may be perceived that they speak for the board
or committee. Such a perception should be avoided.
D. Finance Committee. The Finance Committee shall handle matters relating
to the review of the budget and continuous surveillance of the budget.
The Finance Committee shall have power to review and make recommendations
with regard to the Mayor's annual operating budget, financial
reports and shall submit recommendations with regard to the proposed
budget to the Mayor not later than the first Monday in June of each
year. The Finance Committee shall further review all proposed amendments
to this Code relating to taxes, fees and finance.
E. Public Safety Committee. As an advisory body of the Council established
consistent with the limitations set forth in the Charter and any other
applicable ordinances of the Town, the Public Safety Committee shall
be primarily responsible for reporting on all matters pertaining to
health and safety, animal control, code enforcement and public safety,
including the operations, policies, directives, functions, and maintenance
of the Police Department, and all other matters and issues related
thereto. The Chief of Police shall be a non-voting member of the Public
Safety Committee. One Council member of the Public Safety Committee,
as designated by the Mayor or Council, shall hold the designation
of police liaison and shall act as liaison between the Police Department
and the Mayor and Council. The police liaison shall not be considered
to have any supervisory control over personnel within the Police Department
unless otherwise delegated.
F. Public Works and Sanitation Committee. As an advisory body of the
Council established consistent with the limitations set forth in the
Charter and any other applicable ordinances of the Town, the Public
Works and Sanitation Committee shall be primarily responsible for
reporting on all matters pertaining to the Town's public works
and infrastructure programs, real and personal property, fees, equipment,
and vehicles in the areas of municipal sanitation, recycling, facilities
and public works.
G. Ways and Means Committee. As an advisory body of the Council, the
Ways and Means Committee shall inquire into and consider the methods
and sources for raising revenue, and propose the means for providing
the funds needed by the Town government.
H. Council Committee Chairs. Except as stated herein, Council Committee
Chairs shall be authorized to solicit funding from federal, state,
or local officials and other such agencies having a purpose that falls
within the scope of their respective committees. Council Committee
Chairs shall keep the Mayor informed about any communications they
may have with such officials or agencies to procure funding. Any negotiations
to procure funding or expedite funding must involve the approval of
the Mayor and two Council members, provided that no binding agreement
shall be entered into without the approval of the Town Council. Except
as otherwise stated herein, a violation of this Article shall be deemed
a municipal infraction subject to a fine not to exceed $1,000.
I. Liaisons.
(1) Council liaisons. The Mayor shall assign one member of the Town Council
to serve as Council liaison to the various boards, committees and
other bodies. The Council liaison shall advise the body on issues
or on the procedure for bringing matters to Council and shall attend
meetings of the body on occasion, if needed and when scheduling allows.
Because it is important that the boards, committees, and other bodies
advise Council with an independent voice, the Council liaison should
not participate directly in the body's deliberations nor vote
on any matter.
(2) Other body liaisons.
(I)
A liaison shall be chosen by each board, committee or other
body and may be the Chairperson or Secretary. These individuals shall
provide administrative support to their respective boards, committees
or other bodies, and they are directly responsible to the Town Council.
(II)
The liaison may assist by initiating the draft agenda, scheduling
meetings, reserving a meeting space, preparing and distributing meeting
materials, and drafting minutes of meetings. When minutes have been
approved by the body, the liaison shall forward a copy to the Town
Clerk, who shall convey them to the Town Council. The liaison shall
make sure that any formal communications or reports from the advisory
bodies to Council are received at the Town Clerk's office the
Tuesday before a regular Council meeting.
(III)
Each month the Forest Heights News shall include public notice
of when advisory body meetings will be held. The liaison is responsible
for giving this information to the Town Clerk no later than the Monday
of the week of the 25th of the month.
J. Delegation of executive powers. Any delegation of the Mayor's
powers, duties or responsibilities to individual Council members,
committees, department heads, subordinate officers and employees and
any expression of his or her official authority to fulfill executive
functions shall be made in writing by the Mayor or by standing executive
orders. Executive orders shall be sequentially numbered by years and
shall be kept in a permanent file.
K. Penalty for usurpation of executive powers. Except for a sworn police
officer acting within the scope of his authority and discretion in
enforcing and prosecuting the laws of this State and the Town's
ordinances, any individual Council member, department head, subordinate
officer or employee who willfully and knowingly gives a command, issues
an order, purports to enter into a contract or intergovernmental agreement,
directs the actions of employees, or otherwise takes action on behalf
of the Town without proper authority as issued by executive order
or permitted under the Charter, ordinances and resolutions of the
Town or the laws of this state, upon conviction, shall be guilty of
a misdemeanor and subject to a fine not to exceed $500, or imprisonment
not to exceed 30 days, or both fine and imprisonment. A conviction
for one offense shall not be a bar to a conviction for a continuation
of such offense subsequent to the first or any succeeding conviction.