[Amended 7-21-1986; 6-17-2002]
All legislative powers of the Town shall be vested in a Council
consisting of four Councilmembers and the Mayor, who shall be elected
as hereinafter provided, and who shall hold office for a term of two
years or until the succeeding Council takes office. The newly elected
Mayor and Councilmembers shall take office on the Tuesday immediately
following the first Monday in May. Each Councilmember and the Mayor
holding office at the time this Charter becomes effective shall continue
to hold office for the term for which he was elected or until his
successor or the succeeding Council is elected and takes office under
the provisions of this Charter.
[Amended 2-6-1989 by Res. No. 89-1; 6-17-2002]
Members of Council, defined as Councilmembers and the Mayor,
shall (a) have been domiciled within the Town for not less than 365
days preceding the filing deadline for certification as a candidate
as set forth in 508.0 and 508.1, (b) have been a qualified voter of
the Town of Brentwood for not less than 365 days preceding the filing
deadline for certification as a candidate, again as set forth in 508.0
and 508.1. Members of Council shall maintain their physical residence
in the Town for the entirety of their term of office. The minimum
age for a Councilmember shall be 25 years of age. The minimum age
for Mayor shall be 30 years of age.
Each Councilmember shall receive an annual salary which shall
be as specified from time to time by an ordinance passed by the Council
in the regular course of its business; provided, however, that the
salary specified at the time any Council takes office shall not be
changed during the period for which that Council was elected; and
further provided that such a salary ordinance be approved by the majority
of the qualified voters of the municipality voting thereon at a regular
or special municipal election. The ordinance making any change in
the salary paid to the Councilmembers, either by way of increase or
decrease, shall be finally ordained prior to the municipal election
for the members of the next succeeding Council and shall take effect
only as to the members of the next succeeding Council.
The newly elected Council shall meet on the first Monday following
its election for the purpose of organization, after which the Council
shall meet regularly at such time as may be prescribed by its rules,
but not less frequently than once each month. Special meetings shall
be called at the request of the Mayor or a majority of the Councilmembers.
All meetings of the Council shall be open to the public, and the rules
of the Council shall provide that residents of the Town shall have
a reasonable opportunity to be heard at any meeting in regard to any
municipal question. Nothing contained herein shall be construed to
prevent any such body from holding an executive session from which
the public is excluded but no ordinance, resolution, rule or regulation
shall be finally adopted at such an executive session.
The Council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture of their office.
A member charged with conduct constituting grounds for forfeiture
of his office shall be entitled to a public hearing on demand, and
notice of such hearing shall be published in one or more newspapers
of general circulation in the Town at least one week in advance of
the hearing. Decisions made by the Council under this section shall
be subject to review by the appropriate Maryland State Court.
The Mayor shall be elected, hold and take office as provided
in Section 300.0 of this Charter. The Mayor holding office at the
time this Charter becomes effective shall continue to hold office
for the term for which he was elected and until his successor takes
office under the provisions of this Charter. The qualifications for
Mayor and his salary are provided in Sections 301.0 and 302.0 respectively.
The Mayor, or in his absence, disqualification or incapacity,
the Vice Mayor or Mayor Pro Tem, shall perform the following functions:
Section 306.1.
He shall serve as President of the Council,
preside at all meetings of the Council, perform all duties consistent
with his office, and have a voice and vote in the proceedings of the
Council but no veto power. He shall vote last upon the roll call of
the Council.
Section 306.2.
He shall be recognized as the head of
the Town government for all ceremonial purposes, by the courts for
serving civil processes, and by the Governor for purpose of military
law.
Section 306.3.
He shall exercise such other powers
and perform such other duties as are or may be conferred upon him
by this Charter and the ordinances of the Town.
At the first meeting following a regular municipal election,
the Council shall choose by resolution one of its members as Vice
Mayor to preside in the absence of the Mayor. In the event that the
Mayor and designated Vice Mayor should be absent at any meeting of
the Council, any member of the Council may be designated Mayor Pro
Tem for such meeting.
A majority of the members of the Council shall constitute a
quorum for the transaction of business, but no resolution or ordinance
shall be approved nor any other action taken without the favorable
votes of a majority of the whole number of members elected to the
Council.
The Council shall determine its own rules and order of business.
It shall keep a journal of its proceedings and enter therein the yeas
and nays upon final action on any question, resolution, or ordinance,
or at any other time if required by any one member. The journal shall
be open to public inspection. A separate journal of all resolutions
and ordinances passed by the Council shall be maintained by the Town
Clerk and shall be open for public inspection.
The office of Councilmember shall become vacant upon his death,
resignation, removal from office in any manner authorized by law or
forfeiture of his office.
[Amended 2-6-1989 by Res. No. 89-1]
In the event the Mayor or any Councilmember dies, resigns, or
is removed from office, his successor shall be appointed or selected
as follows:
If the Mayor's office is vacated, the Council shall select one
of its members to serve as Mayor for the unexpired term or until his
successor is elected and qualified.
If a Councilmember's office is vacated, the Mayor shall appoint
any qualified person residing within the Town to serve the unexpired
term of said Councilmember with approval of the Council.
If the Council or Mayor fails to fill the office within 30 days
following the occurrence of the vacancy, the Board of Supervisors
of Elections shall call a special election to fill the vacancy, to
be held not sooner than 90 days and not later than 120 days following
the occurrence. The special election shall be governed by the provisions
of this Charter.
The Mayor or a Councilmember shall forfeit his office if he
(1) lacks at any time during his term of office any qualification
for the office prescribed by this Charter or by law, (2) violates
any express prohibition of this Charter, (3) is convicted of a felony,
or (4) fails to attend three regular meetings of the Council without
being excused by the Council.
Section 313.1.
Grounds. An elected officer may be impeached
if he is accused of committing an offense involving malfeasance, misfeasance,
or nonfeasance in office.
Section 313.2.
Procedure to impeach.
[Amended 2-6-1989 by Res. No. 89-1]
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In order to bring impeachment proceedings against any elected
official, the Council must pass a resolution listing the charges,
the official to be impeached, and the time of the hearing. The Council
may vote on an impeachment resolution if it receives a valid petition
naming the official and the charges. The petition is valid only if
it contains the signatures of 25% of all registered voters in the
Town.
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Upon passage of an impeachment resolution, the Council shall
notify the elected official named in the resolution of his impending
impeachment. Such notification shall consist of a copy of the resolution
certified by the Town Clerk listing the charges against him and the
day, hour, and place of the hearings. The Council may, by a 3/4 majority,
vote to suspend from office the impeached official until the hearings
are complete.
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Section 313.3.
Hearings. Throughout the impeachment
hearings and final vote of the Council, the impeached official shall
take no part in Council deliberations and votes, but shall be regarded
as a defendant. The Council shall act as a board of inquiry and shall
elect from its members a Chairman to preside over the hearings. A
quorum for the proceedings shall consist of a majority of the Council.
The Town Attorney shall act as prosecutor in behalf of the Town. In
the course of the hearings, the Council shall have the power to:
(a)
Administer oaths and affirmations;
(b)
Issue subpoenas;
(c)
Rule on offers of proof and receive relevant evidence;
(d)
Take or have taken depositions;
(e)
Regulate the course of the hearings; and
(f)
Settle procedural issues by consent of both parties.
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The defendant shall have sufficient opportunity to answer all
evidence brought against him. The defendant shall be immediately removed
from office if a 3/4 majority of the Council votes to convict him.
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Section 313.4.
Reinstatement and compensation. If the
accused officer is acquitted, he shall be reinstated in office for
the remainder of his term with the full rights and privileges granted
an elected official. The reinstated officer shall receive any salary
withheld from him during his suspension.
