[HISTORY: Adopted by the Board of County Commissioners of
Calvert County 11-29-2016 by Ord.
No. 40-16. Amendments noted where applicable.]
GENERAL REFERENCES
Boards and commissions — See Code of Public
Local Laws, Title 9.
Ethics — See Ch. 41.
A.
The purpose of this Chapter 11 is to establish provisions generally applicable for the uniform operation of appointed boards, committees, councils, and commissions, except where deviations and variance are warranted as set forth herein.
B.
The provisions hereof shall be applicable to boards, committees,
councils, and commissions established pursuant to the general or local
laws of the State of Maryland, but subject to the provisions of such
general or special laws and only to the extent that the provisions
hereof are consistent with the authority granted to the Board of County
Commissioners by such general or local laws. In the event that any
provision herein conflicts with a provision of a statute, the statutory
provision shall govern.
A.
Ordinances and resolutions establishing boards, committees, councils,
and commissions shall establish, at a minimum, the membership, length
of terms, and purposes of the body.
B.
Every board, committee, council or commission that shall propose
to adopt, amend, modify, update or otherwise change bylaws shall first
receive approval of the Board of County Commissioners.
C.
Boards, committees, councils and commissions shall report to the
Board of County Commissioners on at least an annual basis.
D.
The appointment of members shall take into consideration a balanced
representation of all segments of the Calvert County community, including,
without limitation, gender, national origin, and race.
[Amended 9-15-2020 by Ord. No. 33-20]
E.
It is the County Commissioner's intent to appoint Calvert County
residents to boards, committees, councils, and commissions unless
there are no County residents available to fill positions or where
an exception is approved for good cause shown in the instance of a
specific board, committee, council or commission.
G.
Every board, committee, council, and commission shall provide an
opportunity for members of the public to provide input and feedback
on the business of the County and that board, committee, council,
or commission upon its open session agenda under the heading "Public
Comment." The following shall be observed during public comment:
[Added 11-16-2021 by Ord. No. 51-21]
(1)
Making the public feel welcome is an important part of the democratic
process. Therefore, any individual, or the appointed spokesperson
for a group, is welcome to address the members of every County board,
committee, council, and commission on any matter germane to the business
of County government during the public comment portion upon being
recognized by the Chair of the board, committee, council, or commission.
(2)
Every effort should be made to be fair and impartial in listening
to public comments. No signs of partiality, prejudice or disrespect
should be evident on the part of individual members of the board,
committee, council, or commission toward an individual participating
in a public meeting.
(3)
Members should listen to comments from the public and ask for clarification
if they do not understand the comment.
(4)
Persons addressing the board, committee, council, or commission during
public comment shall:
(a)
Be given at least two minutes if speaking as an individual,
or five minutes if speaking as the designated representative of a
group;
(b)
Identify themselves by name and address;
(c)
Refrain from statements, remarks, or conduct that is uncivil,
rude, vulgar, profane or otherwise disruptive to the conducting of
the Board's business; and
(d)
Refrain from making a statement or remarks that concern only
the private activities, lifestyles, or beliefs of others, including
individual employees of the County or its elected officials, unrelated
to the business of the County or the professional duties and performance
of its employees or the employees of its elected officials.
(5)
Written comments submitted for public comment shall be posted and
included within the public comment section of the next published agenda.
A.
To the extent practicable, term expirations will be publicized in
advance, indicating whether the member whose term is expiring is eligible
for reappointment.
B.
Notwithstanding any provision to the contrary, the Board of County
Commissioners may appoint members without advertising the availability
of a position, except where advertising is required by law.
C.
Appointments shall be made in public session by a majority vote of
the Board of County Commissioners.
D.
Members of boards, committees, councils, and commissions are expected
to attend and participate at all meetings of the board, committee,
council, and commission to which they are appointed.
E.
Members of boards, committees, councils, and commissions shall respond
to all referrals and requests for information or input from the Board
of County Commissioners in a timely manner such that the work of the
board, committee, council, or commission upon the referral or request
is completed not less than 180 days following referral, unless an
extension is granted by the Board of County Commissioners. Failure
of any member to promptly respond or complete his or her work so referred
or requested shall be grounds for removal as provided below.
F.
Any applicant shall be rejected and any appointee may be removed
by the Board of County Commissioners as provided for in state general
or public local law, or, when no applicable provisions are found at
state general or public local law, for any of the following when the
Board of County Commissioners finds it would be in the best interest
of the board, committee, council or commission because of:
[Amended 9-15-2020 by Ord. No. 33-20]
(1)
Missing three consecutive meetings;
(2)
Failure to support the purposes and activities of the board, committee,
council, or commission;
(3)
Failure to complete duties, assignments, or requirements in a timely
manner; or
(4)
Acts unprofessional, unethical, or displays disruptive behavior or
communication that does not positively reflect upon, and support the
purposes and goals of, the board, committee, council, or commission.
This may include, but is not limited to, actions or inaction taken
or not taken outside a meeting of the board, committee, council, or
commission, or a conviction, Alford plea, including a plea of nolo
contendere or plea of no contest, of any crime. Commission or conviction,
Alford plea, including a plea of nolo contendere or plea of no contest,
of any felony shall disqualify an applicant from consideration and
shall result in the removal of any such appointee.
A.
The provisions of this § 11-4 do not apply to members who are members because the position they hold has been designated as a member of a board, committee, council or commission and, further, do not apply to:
(1)
Agricultural Preservation Advisory Board;
(2)
Board of Appeals;
(3)
Board of Elections;
(4)
Board of Library Trustees;
(5)
Building Board;
(6)
Calvert Employee Recognition Committee;
(7)
Calvert Marine Museum Board of Governors;
(8)
Commission for Women;
(9)
Compensation Review Board;
(10)
Core Service Agency Advisory Board;
(11)
Cove Point Light Station Commission;
(12)
Critical Area Reforestation Committee;
(13)
Emergency Medical Services Advisory Committee;
(14)
Employees Retirement Plan Board of Trustees;
(15)
Employee Retirement Savings Plan Board of Trustees;
(16)
Housing Authority of Calvert County;
(17)
Jefferson Patterson Park and Museum Committee;
(18)
Local Alcohol and Drug Abuse Council;
(19)
Other Post-Employment Benefits Trust Fund Board of Trustees;
(20)
Property Tax Assessment Appeals Board;
(21)
Sheriff Department Pension Plan Board of Trustees;
(22)
Soil Conservation District Board of Directors;
(23)
Tri-County Animal Shelter Advisory Board;
(24)
Waterman's Wharf Oversight Committee;
B.
Terms of service for all boards, committees, councils, or commissions subject to this § 11-4 shall be limited to three consecutive terms. The remainder of a term for which an interim appointment is made to fill a vacancy shall not be considered a "term" within the meaning of this subsection.
C.
Persons shall be eligible for reappointment to a board, committee,
council, or commission upon which they served previously after one-year
absence.
[1]
Editor's Note: Ord. No. 40-16, which enacted this chapter, provided that it shall be applied prospectively. Therefore, for the initial application of its provisions, terms of those members of a board, committee, council or commission subject to this § 11-4, begun prior to the recording of Ord. No. 40-16, shall not count as terms of service for the purpose of calculating the number of consecutive terms served.
