Town of Rock Hall, MD
Kent County
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Table of Contents
Table of Contents
GENERAL AUTHORIZATION
The town may employ such officers and employees as it deems necessary to execute the powers and duties provided by this Charter or other state law and to operate the town government.
[Amended 4-26-1991 by Res. No. 91-4]
The compensation of all officers and employees of the town shall be set from time to time as passed by the Council, subject to the restrictions imposed upon establishing the salaries of the Councilmembers and Mayor.
[Amended 4-26-1991 by Res. No. 91-4]
The town is authorized and empowered by ordinance to provide for or participate in hospitalization or other forms of benefit or welfare programs for its officers and employees and to expend public moneys of the town for such programs.
[Amended 4-26-1991 by Res. No. 91-4]
The town shall have the power to do all things necessary to include its officers and employees, or any of them, within any retirement system or pension system under the terms of which they are admissible and to pay the employer's share of the cost of any such retirement or pension system out of the general funds of the town.
[Amended 4-26-1991 by Res. No. 91-4]
The town may provide by ordinance for appointments and promotions in the administrative service on the basis of merit and fitness. To carry out this purpose, the Council shall have the power to adopt such rules and regulations governing the operation of a merit system as it deems desirable or necessary. Among other things, these rules and regulations may provide for competitive examinations, the use of eligible lists, a classification plan, a compensation plan, a probation period, appeals by employees included within the classified service from dismissal or other disciplinary action, and vacation and sick leave regulations. The town may request and avail itself of the facilities of the Commissioner of State Personnel for the administration of its merit system, as provided in state law.
[Amended 4-26-1991 by Res. No. 91-4]
The civil service of the town shall be divided into the unclassified and classified service:
A. 
Unclassified Service. The unclassified service shall comprise the following offices and positions, which shall not be included within the merit system.
1. 
The Mayor, the Councilmembers and persons appointed to fill vacancies in these positions.
2. 
The Town Attorney, Town Manager and Clerk/Treasurer.
3. 
The heads of all offices, departments and agencies and members of town boards and commissions.
4. 
Part-time, temporary and unpaid offices and positions.
B. 
Classified Service. The classified service shall comprise all positions not specifically included by this section in the unclassified service. All offices and positions included in the classified service shall be subject to any merit system rules and regulations which may be adopted.
A. 
Prohibitions. If a merit system is adopted.
1. 
If a merit system is adopted, no person in the classified service of the town or seeking admission thereto shall be appointed, promoted, demoted, removed or in any way favored or discriminated against because of his political or religious opinions or affiliations or any other factors not related to ability to perform the work.
2. 
No person shall willfully or corruptly commit or attempt to commit any fraud preventing the impartial execution of the personnel provisions of this Charter or of the rules and regulations made thereunder.
3. 
No officer or employee in the classified service of the town shall continue in such position after becoming a candidate for nomination or election to any public office.
4. 
No person seeking appointment to or promotion in the classified service of the town shall either directly or indirectly give, render, or pay any money, service or other valuable things to any person for or on account of or in connection with his appointment, proposed appointment, promotion or proposed promotion.
5. 
No person shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription, or contribution for any political party or political purpose whatever from any person holding a position in the classified service of the town.
6. 
No person holding a position in the classified service of the town shall make any contribution to the campaign funds of any political party or any candidate for public office or take part in the management, affairs or political campaign of any political party or candidate for public office further than in the exercise of his right as a citizen to express his opinion and to cast his vote.
B. 
Penalties. Any person who by himself or with others willfully or corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment. Any person who is convicted under this section for a period of five years shall be ineligible for appointment to or employment in a position in the town service and shall, if he is an officer or employee of the town, immediately forfeit the office or position he holds.
MUNICIPAL OFFICERS
[Amended 12-1-2014 by Charter Res. No. 2014-01]
The Clerk-Treasurer shall serve as Clerk to the Council. He shall attend meetings as required by the Council and keep a full and accurate account of the proceedings of the Council. He shall keep such other records and perform such other duties as may be required by this Charter or the Council. In the absence of the Clerk-Treasurer, the Assistant Clerk-Treasurer shall perform the duties of the Clerk-Treasurer.
[Amended 4-26-1991 by Res. No. 91-4; 12-1-2014 by Charter Res. No. 2014-01]
The Mayor with the approval of the Council may appoint a Town Attorney. The Town Attorney shall be a member of the bar of the Maryland Court of Appeals. The Town Attorney is the legal advisor of the town and shall perform such duties in this connection as may be required by the Mayor and Council. His compensation shall be determined by the Mayor and Council. The Mayor and Council has the power to employ such legal consultants as it deems necessary from time to time.
[Added 5-23-1986 by Res. 86-1; amended 4-26-1991 by Res. No. 91-4]
A. 
Creation of Office. The Office of Town Manager is hereby created.
B. 
Appointment of Town Manager. The Town Manager shall be appointed by majority vote of the Mayor and Council for an indefinite term. He shall be chosen by the Mayor and Council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted practice in respect to the duties of his office hereinafter set forth. At the time of his appointment, he need not be a resident of the town or state, but during his tenure of office he shall reside within the Fifth Election District preferably within the town limits. No Councilmember shall receive such appointment during the term for which he shall have been elected nor shall be receive such appointment within one year after the term for which he shall have been elected.
C. 
The Town Manager shall be the Chief Administrative Officer of the town.
D. 
Powers and Duties of the Town Manager.
1. 
The Town Manager shall be responsible for the day-to-day operation of the town and the enforcement of ordinances, under the direct supervision of the Mayor and Council. He shall perform whatever other duties are specified by the Mayor and Council. He shall be the administrative head of all departments.
[Amended 12-1-2014 by Charter Res. No. 2014-01]
2. 
The Council may remove one or more departments from the powers and duties of the Town Manager and require the department head to report directly to the Mayor and Council. Such responsibility may be conferred upon the department head as determined by the Mayor and Council.
3. 
The Mayor and Council shall deal with the administrative services solely through the Town Manager, and neither the Council nor any member thereof shall give orders to any subordinate employee, either publicly or privately.
[Amended 12-1-2014 by Charter Res. No. 2014-01]
4. 
The Town Manager may be removed by a majority vote of the Mayor and Council, but in no case is a vote on removal to be made unless 15 days' prior notice is given in writing to all members of the Council and the Town Manager.
5. 
Should the office of Town Manager become vacant, the Mayor shall temporarily assume or delegate his powers and duties.