[HISTORY: Adopted by the City Council of
the City of New Carrollton during codification; amended in its entirety 11-6-2002 by Res. No.
02-03. Subsequent amendments noted where applicable.]
[Amended 3-10-2014 by Res. No. 14-03]
The residents of the City of New Carrollton, in Prince George's
County, Maryland within the corporate limits legally established from
time to time are hereby constituted and continued as a body corporate
by the name of the "City of New Carrollton," and by that name shall
have perpetual succession, with all the privileges of a body corporate,
by that name to sue and be sued, to plead and be impleaded in a court
of competent jurisdiction, to have and use a common Seal, to purchase
and hold real and personal property for the benefit of said City and
to enact and adopt ordinances, resolutions or bylaws necessary to
exercise the authority of the City. The City of New Carrollton may
also be referred to in this Charter and in the laws of the City as
"the City".
[Amended 11-20-2002 by Res. No. 02-04; 3-10-2014 by Res. No.
14-03]
A.
The
courses and distances showing the exact corporate limits of the City
shall be filed at all times with the Clerk of the Circuit Court of
Prince George's County, the Commissioner of the Land Office,
and the Director of the Maryland Department of Legislative Reference.
In addition, a copy of the courses and distances describing the corporate
boundaries of the City shall be maintained on file in the office of
the City Administrative Officer in a suitable book or place, properly
indexed and reasonably available for public inspection during normal
business hours.
B.
The
corporate limits or boundaries of the City shall be as they existed
immediately prior to the effective date of this section, subject to
the rights, reservations, limitations and conditions as may be set
forth in all prior resolutions of annexation and in the Charter of
the City in effect immediately prior to the effective date of this
section, and as may be hereafter amended.
A.
Election and terms of office. The government of the
City shall be vested in a Mayor and a Council of five (5) members,
elected at large. On the first Monday in May of each evennumbered
year, there shall be a general election as herein provided, at which
a Mayor and two (2) Councilmembers shall be elected to two-year terms,
except that in the year 2020 a Mayor and two Councilmembers will be
elected to serve one three-year term. On the first Monday in May of
each oddnumbered year through and including May 3, 2021, there
shall be a general election as herein provided, at which three (3)
Councilmembers shall be elected for twoyear terms. Commencing
with the 2023 City election, there shall be no more staggered terms
and a Mayor and Council of five members shall be elected to two-year
terms on the first Monday in May 2023 and in every odd-numbered year
thereafter.
[Amended 3-10-2014 by Res. No. 14-04; 1-16-2019 by Res. No. 19-01]
B.
Tenure of elected
officials; vacancies.
[Amended 11-20-2002 by Res. No. 02-05; 3-10-2014 by Res. No. 14-04]
(1)
Tenure of elected officials. All elected officials
provided for in this Charter shall assume the duties of their respective
offices as soon after their appointment or election as practicable
and, unless they resign or are removed for cause, shall continue to
serve until their successors are duly elected and installed. The term
of each elected official shall begin with the first regular meeting
of the Council following his or her election and shall continue until
the first regular meeting of the Council following the election of
his or her successor.
(2)
Vacancies.
[Amended 1-15-2020 by Res. No. 20-02]
(a)
In
the event that the office of Mayor or any Council member shall become
vacant for any cause other than the expiration of the term for which
the incumbent was elected, such vacancy shall be filled as follows:
(i)
If it occurs more than 180 days before the next general election,
the vacancy shall be filled by special election held not later than
65 days after the vacancy exists.
(ii)
If it occurs on or within 180 days of, but not later than 90 days
before, the next general election, the vacancy shall be filled by
appointment of the Mayor and Council, by majority vote, within 30
days after the vacancy shall have occurred. If the appointment is
not made within that time, the position shall remain vacant until
the next election.
(iii)
If it occurs within 90 days of the next general election, the position
shall remain vacant until a successor is elected at said election.
(b)
Upon it becoming necessary to fill a vacancy in the office of Mayor or Council member pursuant to Subsection B(2)(a) above, the City Clerk shall give public notice of the vacancy, containing the qualifications of the office, the procedure to apply for appointment to the vacancy or to be placed on the special election ballot, as appropriate, and the deadline for applications. Applications for appointment and applications to be placed on the special election ballot shall be forwarded by the Clerk to the Board of Elections, who shall review the applications for the purpose of determining the qualifications of the candidates. The application shall include a petition in a form satisfactory to the Board of Elections containing the names, addresses and signatures of not less than 10 registered voters residing in the City, indicating support of the applicant's candidacy.
(c)
For
vacancies to be filled by appointment, the Mayor and Council shall
review the applications at the next regular meeting after the deadline
or at a meeting specially called for that purpose. A vote on the nominee
or nominees shall be taken with no nominations being allowed from
the floor. Should no nominee receive a majority of the votes cast,
a second vote shall be conducted between the two nominees receiving
the highest number of votes. The nominee receiving a majority vote
shall thereby be appointed to fill the vacancy.
(d)
The
qualifications necessary to qualify for election as Mayor or Council
member, as set forth in § C-4 of the City Charter, shall
also apply to an application for appointment or to be placed on the
special election ballot for the office of Mayor or Council member
under this section. An applicant for appointment or to be placed on
the special election ballot under this section shall possess all the
required residency qualifications in § C-4 as of the date
of filing the application for the vacancy and shall maintain those
qualifications during the term. Any nominee not possessing the required
qualifications shall be disqualified. The nominating petition requirements
of § C-7 of the Charter shall not apply to special elections
under this section. The oath of office shall also be the same, and
the appointee or individual elected shall receive the compensation
provided by law for such office.
(e)
In
the event of a special election for the position of Mayor or a Councilmember
such persons elected at such special election shall be sworn in and
installed at the first regular meeting of the City Council following
such special election.
C.
Mayor:
powers and duties.
[Amended 11-20-2002 by Res. No. 02-05; 3-10-2014 by Res. No.
14-04]
(1)
The Mayor shall be the Chief Executive Officer of the City and the
head of the administrative branch of the City government. As such,
the Mayor shall be responsible for and direct the day-to-day operations
of the City and shall supervise the activities of the various City
officers and department heads. Immediately after his/her election,
the Mayor shall appoint the following, which shall be subject to confirmation
by the Council: The Chief of Police, the Director of Public Works,
the City Administrative Officer, and such other heads of all offices,
departments, and agencies of the City government as established by
this Charter or by ordinance. All office, department and agency heads
shall serve at the pleasure of the Mayor and may be removed by the
Mayor. All subordinate officers and employees of the offices, departments
and agencies of the City government shall be appointed and removed
by the Mayor in accordance with rules and regulations in any personnel
policies that may be adopted by the Council. The Mayor shall also
have the power to hire a City Attorney, either an individual or a
firm, with the approval of the Council. The City Attorney shall be
an independent contractor of the City and not an employee.
(2)
The Mayor shall be responsible for enforcing the ordinances and carrying
out the policies of the City. The Mayor shall exercise such other
powers and perform such other duties as are or may be conferred and
imposed upon him or her by this Charter, by the ordinances of the
City and by policy or directive of the Council. The Mayor shall be
the Chief Financial Officer of the City. As such, the Mayor shall
have complete supervision over the financial administration of the
City government. The Mayor shall prepare or have prepared annually
a budget and submit it to the Council as provided for in § C-14.
The Mayor shall supervise the administration of the budget as adopted
by Council. The Mayor shall supervise the disbursement of all monies
and have control over all expenditures to assure that budget appropriations
are not exceeded. He or she shall be recognized as the head of the
City government for all ceremonial purposes, by the courts for serving
civil process and by the Governor of the State of Maryland for the
purpose of military law.
(3)
The Mayor shall have the power to veto ordinances passed by the Council
as provided in § C-10 of this Charter. The Mayor shall exercise
the same veto powers over any resolution in the same manner provided
for the veto of ordinances. The Mayor shall provide to the Council
such staff assistance and such information concerning the administrative
branch of the government as the Council may require for the exercise
of its legislative powers and duties. The Mayor or his or her representative
shall attend all public meetings of the Council. The Mayor may recommend
to the Council such measures for legislative action as he or she may
deem to be in the best interests of the City. The Mayor each year
shall report to the Council the condition of municipal affairs and
make such recommendations as she or he deems proper for the public
good and the welfare of the City. The Mayor shall receive such salary
or compensation as the Council shall fix, except that no increase
or decrease shall go into effect until approved by the voters at the
next general election. The Mayor shall not hold any other office of
the municipal corporation during his or her term of office. At the
first meeting of each new Council, there shall be elected by the Council
a member to be designated as Mayor Pro Tem. In case of the temporary
absence of the Mayor 1) for a period of more than three (3) business
days when the Mayor is unable to perform duties that cannot await
his/her return or cannot be performed by telephone or other type of
communication, or 2) due to the hospitalization or disability of the
Mayor that would render him or her unable to perform the duties of
the office, the Mayor Pro Tem shall act as Mayor during such absence
but shall not have the authority to veto ordinances or appoint or
remove appointees or employees, yet shall retain voting privileges
and legislative powers and duties as conferred and found in the City
Charter. If the hospitalization or disability of the Mayor extends
beyond thirty (30) calendar days, then, in that event, the Mayor Pro-Tem
shall have the authority to veto ordinances and appoint or remove
employees throughout the term of the hospitalization or disability.
When the Mayor Pro-Tem is acting as Mayor beyond the above referenced
thirty-day period, the Acting Mayor shall not retain voting privileges.
D.
Council:
powers and duties. The Council shall be the legislative body of the
City and shall exercise such powers and perform such duties as are
or may be conferred upon it by the General Assembly, by this Charter,
and by all ordinances, resolutions and policies of the City consistent
with the provisions of this Charter and not contrary to the Constitution
and laws of the State of Maryland or the power of the Mayor. The Council
shall have the power to recognize and engage in collective bargaining
with one or more designated bargaining representatives of non-managerial,
sworn police officers of the City of New Carrollton, Maryland, Police
Department; to enter into a binding collective bargaining agreement
with said representatives; and to enact by ordinance or amendment
a system of rules and regulations to govern this process. The City
Council shall approve all collective bargaining agreements entered
into by the City with a collective bargaining representative prior
to their becoming effective. In the event the parties negotiating
a collective bargaining agreement are unable to reach agreement on
one or more terms of a collective bargaining agreement, the City Council
shall have the authority to set those terms and conditions of employment
that remain in dispute upon a majority vote. The members of the Council
shall receive such salary or compensation as the Council shall fix,
provided that any increase in salary or compensation voted by the
Council shall not go into effect until approved by the voters at the
next general election. At the first meeting of each new Council, the
Council shall elect from among its members a Chairperson and a Vice
Chairperson. The Chairperson of the Council will act as presiding
officer during meetings of the Council, and will be responsible for
approving the content of City Council meeting agendas. The Vice Chairperson
of the Council will act in the capacity of Chairperson during the
Chairperson's temporary absence. In the absence of the Chairperson
and Vice Chairperson, a Councilmember other than the Mayor Pro Tem
and Alternate Treasurer will act as presiding officer during meetings
of the Council.
[Amended 5-6-1998 by Res. No. 98-02; 11-20-2002 by Res. No.
02-05; 9-19-2012 by Res. No. 13-03; 3-10-2014 by Res. No. 14-04; 8-19-2020 by Res. No. 20-04]
E.
Other
officers. Any appointed officer of the City may be required by the
Council to file such bond as may be deemed necessary to guarantee
the faithful performance of his or her duties. The Council shall designate
one of its members as Alternate Treasurer, who shall perform all of
the duties of the Treasurer in the event of the Treasurer's temporary
absence or disability. The appointed officers of the City shall receive
such compensation for the discharge of their duties and such expense
allowances as the Council may determine. If at any time the City Administrative
Officer's position is vacant for any reason, the Mayor may appoint
an Acting City Administrative Officer who shall not serve in the capacity
of Acting City Administrative Officer for more than nine (9) months
without confirmation by the Council. In the event the Council does
not confirm a City Administrative Officer within the nine-month timeframe
provided, the Acting City Administrative Officer shall continue as
the Acting City Administrative Officer until such time as the Council
confirms a City Administrative Officer provided that the Mayor recommends
to the Council at least two people for the position of City Administrative
Officer within the aforementioned nine-month timeframe.
F.
Oath of office.
(1)
Every Councilmember, the Chief of Police, the Director
of Public Works, the City Administrative Officer, the Treasurer, the
members of the Ethics Commission and the members of the City Board
of Appeals shall, before entering upon the duties of his or her office,
take and subscribe to the following oath or affirmation to be made
before the Mayor, a signed copy to be filed and kept in the office
of the City Administrative Officer:
[Amended 3-10-2014 by Res. No. 14-04]
|
"I,...................., swear (or affirm) that
I will support the Constitution of the United States, that I will
be faithful and bear true allegiance to the State of Maryland and
support the Constitution and laws thereof, and that I will, without
partiality or prejudice, execute the office of ...................
of the City of New Carrollton, according to the Constitution and laws
of this State and the Charter of this City."
|
(2)
The Mayor shall, before entering upon the duties of
his or her office, take and subscribe to the same oath before the
Clerk of the Circuit Court for Prince George's County, Maryland, or
before one of his or her sworn deputies.
G.
Citizen advisory boards. The Mayor or the Council
may appoint, for designated periods, one (1) or more temporary boards
of citizens of the City who shall assist in the consideration of City
policies and programs, provided that the Council must approve of any
public funds expended by such advisory boards in the execution of
their charge.
[Amended 11-20-2002 by Res. No. 02-05]
H.
Definitions. The terms "City," "municipality" or "municipal
corporation," when used in this Charter, shall be synonymous and shall
refer to the "City of New Carrollton." The terms "Mayor" and "Council,"
when used in this Charter, shall refer to the Mayor of the City of
New Carrollton and to the City Council of the City of New Carrollton,
respectively.
[Amended 3-10-2014 by Res. No. 14-05; 1-17-2018 by Res. No. 18-04]
At the time of taking office, each elected official of the City
shall have attained the age of at least twenty-five (25) years, must
be a citizen of the United States, a resident of the City of New Carrollton
and a registered voter of the State of Maryland and of the City. Commencing
with the 2015 City election, candidates for elected office must be
a resident of the City of New Carrollton for a minimum of one hundred
eighty (180) days immediately preceding the filing deadline for candidacy.
Each elected official shall retain, throughout their respective term
of office, all of the qualifications necessary for their election
or appointment, and the failure to retain all of such qualifications
shall ipso facto cause a forfeiture of office, and the Council shall
proceed forthwith to fill said vacancy.
[Amended 3-10-2014 by Res. No. 14-05]
A.
Appointment and qualifications. There shall be a Board
of Elections consisting of five (5) members who shall be appointed
by the Mayor with the approval of the Council. Three (3) members shall
be appointed at the first Council meeting in June of every even-numbered
year, and two (2) members shall be appointed at the first Council
meeting in June of every odd-numbered year. The terms of the members
of the Board of Elections shall begin on the 15th day of June in the
year in which they are appointed and shall run for two (2) years,
or until their successor is appointed. Members of the Board of Elections
shall be qualified voters of the City and shall not hold or be candidates
for any elective office during their terms of office. The Board shall
appoint one of its members as Chairperson. Vacancies on the Board
shall be filled by the Mayor with the approval of the Council for
the remainder of the unexpired term. Any compensation of the members
of the Board shall be determined by the Council.
[Amended 1-15-2020 by Res. No. 20-01]
B.
Duties.
The Board of Elections shall be in charge of the conduct of all City
elections, as well as referendum matters, to the extent not inconsistent
with State law. The City Clerk shall serve as Secretary to the Board.
The Board of Elections shall appoint as many judges and clerks, who
shall themselves be registered voters of the City, as may be required
to conduct the election in such place as may be designated by the
Mayor and the City Council.
[Amended 1-17-2018 by Res. No. 18-04; 1-15-2020 by Res. No. 20-01]
C.
Removal. Any member of the Board of Elections may
be removed for good cause by the Mayor with the approval of the Council.
Before removal, the member of the Board of Elections to be removed
shall be given a written statement of the charges against him or her
and shall have a public hearing on said charges before the Council
if he or she so requests within ten (10) days after receiving the
written charges against him or her.
[Amended 11-20-2002 by Res. No. 02-06; 3-10-2014 by Res. No. 14-05; 1-17-2018 by Res. No. 18-04]
A.
Qualifications. Every person who is a citizen of the
United States, is at least eighteen (18) years of age on or before
the day of the next general or special election, who has resided within
the corporate limits of the City for at least thirty (30) days next
preceding any City election, who is a resident of the City as of the
time for the closing of registration next preceding any election,
if registered, shall be entitled to vote at any or all City elections.
B.
Registration. In accordance with the State Universal
Registration Act, as contained in MD. Code Ann., Elections Article,
§ 3-403, as amended, any person residing in the City who
is registered with the Board of Supervisors of Elections of Prince
George's County shall be deemed to be registered to vote in City
elections.
C.
Removal. The Board of Elections for Prince George's
County shall maintain the registration lists in accordance with its
usual procedures, including but not limited to removing names because
of changes of address and cancellation of registration for failure
to vote.
D.
Appeal. Challenges to the registration of any individual
not believed to be qualified to vote in City elections shall be filed
with the Board of Elections of Prince George's County, Maryland, in
accordance with said Board's procedures.
[Amended 3-10-2014 by Res. No. 14-05; 1-17-2018 by Res. No. 18-04]
A.
Conduct
and procedure. All elections to fill the office of Mayor and/or Councilmember
shall be on a nonpartisan basis, shall be by secret ballot and shall
be held on the first Monday in May, of every year in which there is
an election, except a special election as provided in § C-3B(2),
which may be held on any day as determined by the City Council. The
City Council may adopt by ordinance any procedures and regulations
consistent with the provisions of this Charter and with the applicable
laws of the State of Maryland necessary to provide for the orderly
conduct of municipal elections, including but not limited to provisions
for voting by mail, absentee ballots and write-in candidacies. No
person shall be allowed to vote in any City election except those
persons whose names shall appear upon the City voter registration
list. The Council shall regulate, by ordinance, the hours during which
the polls shall be kept open. The Board of Elections shall conduct
such elections, canvass the ballots and certify the results in the
manner prescribed by the City Charter and/or City Code, except that
the Board of Elections shall, within twenty-four (24) hours after
each election, deliver into the hands of the Mayor one (1) certificate
or return of the result of the canvass of the ballots as cast in the
election, together with the tally sheet, and shall deliver another
certificate or return of the result of said canvass, together with
the other tally sheet, into the hands of the Mayor Pro Tem. When paper
ballots are used, the Board of Elections shall deliver the ballot
box containing the ballots, properly sealed, to the City Clerk, in
person, who shall retain the same for six (6) months. The results
of the election shall be received by the Council from the Mayor at
the first regular meeting of the Council following the election. The
Council shall determine all cases arising from the results of the
elections, except as otherwise may be provided, and any voter who
feels he or she has been aggrieved by any ruling as to the eligibility
of his or her right to vote may file an appeal to the Circuit Court
for Prince George's County, Maryland, and the same shall be determined
by said Court. The provisions of this section shall apply to all general
elections and to any special election conducted as provided elsewhere
in this Charter, and to referendum petitions as provided for elsewhere
in this Charter. In the event of a state of emergency or catastrophic
health emergency, the City Council, by resolution, may amend, suspend,
revise, alter, and add to the provisions of this section, including,
but not limited to, postponing an election in order to provide for
the health and safety of the City, its voters, officials, employees,
candidates, and volunteers.
[Amended 4-15-2020 by Res. No. 20-03; 1-6-2021 by Res. No. 21-01]
B.
Nomination
of candidates. Any qualified person desiring to run for any elective
office of the City shall file with the Board of Elections, a nominating
petition containing the valid signatures of at least ten (10) persons
who are qualified voters of the City of New Carrollton. Nominating
petitions may be filed with the City Clerk in any election year commencing
the third Tuesday of February; however, such petitions shall be filed
no later than 5:00 p.m. of the last business day of the month of March,
or on such other date established by the City Council if the election
is postponed due to a state of emergency or catastrophic health emergency.
If the aforementioned day is a legal holiday, then the nominating
petition shall be submitted on the next business day. Each person
signing a nominating petition shall indicate thereon both his or her
name and his or her residence address. A nominating petition may be
withdrawn by submission of a written statement, signed by the candidate,
any time prior to the filing deadline for candidacy. The Board of
Elections shall be authorized to delete from a ballot the name of
a candidate if a candidate dies or withdraws or becomes disqualified
for any reason.
[Amended 4-15-2020 by Res. No. 20-03]
C.
Notice
of election. The Board of Elections shall give notice of every election
day by an advertisement published in at least one (1) publication
within the City once between thirty (30) and forty (40) days prior
to the election date and by posting notice of such election day in
some public place or places within the City. The Board of Elections
shall also cause to be published in at least one (1) publication within
the City a second notice of election containing the names of all candidates
for elective office once between three (3) and ten (10) days prior
to the election date.
D.
Candidates
elected. At each election in which a Mayor is to be elected, the candidate
for Mayor receiving the highest number of votes cast at the election
shall be declared duly elected to the office of Mayor. At the election
held during every even-numbered year through and including the May
2020 election, the two (2) candidates for Councilmember receiving
the highest number of votes cast at the election shall be declared
duly elected to the office of Councilmember, and at the election held
during every odd-numbered year through and including the May 2021
election, the three (3) candidates for Councilmember receiving the
highest number of votes cast at the election shall be declared duly
elected to the office of Councilmember. Commencing with the May 2023
City election, the five (5) candidates for the office of Councilmember
with the highest number of votes in an election shall be declared
elected as the City Council. In the event of a special election to
fill a vacancy on the Council, the candidate or candidates for Councilmember
receiving the highest number of votes cast at the election shall be
declared elected to complete the unexpired term(s) of office of Councilmember.
In the event that vacancies on the Council would require that one
(1) or more additional Councilmembers be elected at an election to
a one-year term to maintain a full five-member Council, the candidate
or candidates for Councilmember receiving the next-highest number
of votes cast at the election, after those candidates elected to the
regular two-year terms on the Council, shall be declared elected to
the office of Council Member for the one-year term or terms. In the
event of a tie vote for any office, a runoff election between the
tied candidates shall be conducted on the fourth Tuesday following
the date of the election in which the tie vote occurred.
[Amended 1-16-2019 by Res. No. 19-01]
[Amended 11-20-2002 by Res. No. 02-07; 3-10-2014 by Res. No.
14-03]
The Council shall meet in City Hall or some other place of convenience
in the City on the third Wednesday of each month, which meeting shall
be referred to herein as the "regular meeting of the Council", and
at such other times as may be required to conduct the business of
the City. Three Councilmembers present at any meeting shall constitute
a quorum for the transaction of business. The Council shall adopt
rules and regulations consistent with the provisions of this Charter
for its own government while in session.
[Amended 1-21-1998 by Res. No. 97-05; 11-20-2002 by Res. No.
02-08; 3-10-2014 by Res. No. 14-04]
A.
Treasurer's duties. The Treasurer of the City shall
review all bills and City expenditures, including payroll, to assure
that budget appropriations are not exceeded. The Treasurer shall disburse
City funds, except City payroll checks, by check duly signed by him
or her as Treasurer and countersigned by the Mayor. The Treasurer
shall also do such other things as may be required elsewhere in this
Charter. The Treasurer shall assist the City Administrative Officer
and the City's Auditor in the preparation of a complete financial
report of the accounts of the City as required.
B.
City Administrative Officer's duties. The City
Administrative Officer shall assist the Mayor in the administration
of the day to day management of City employees and City affairs as
assigned under this Charter or by direction of the Mayor. Under the
authority and supervision of the Mayor, the City Administrative Officer
shall have the authority and shall be required to:
(1)
Maintain the City accounting system in such form as
the Council may require, not contrary to State law.
(2)
Have custody of all public moneys belonging to or
under the control of the City, except for funds under the control
of any trustees, and have custody of all bonds and notes of the City.
(3)
Disburse City funds by checks duly signed by him or
her for City payroll. The Mayor or the Mayor's designee may sign payroll
checks if the City Administrative Officer is unavailable for any reason.
(4)
Ensure that all taxable property within the City is
assessed for taxation.
(5)
Collect all taxes, special assessments, license fees,
liens and all other revenues of the City for whose collection the
City is responsible, and receive any funds receivable by the City.
(6)
Invest City funds in excess of those required of the
immediate needs of the City. Such investment shall be in the best
interest of the City.
(7)
Prepare at the request of the Mayor an annual budget to be submitted
by the Mayor to the City Council.
[Amended 11-20-2002 by Res. No. 02-09; 9-19-2012 by Ord. No. 13-04; 3-10-2014 by Res. No. 14-04]
A.
Exercise of powers. For the purposes of carrying out
the powers granted in this Charter, the Council shall pass all necessary
ordinances and resolutions pursuant to such manner as may be prescribed
by this Charter, ordinance or by the public general laws of Maryland.
B.
Ordinances: adoption and amendment. Any proposed ordinance
or proposed amendment to an existing ordinance shall be introduced
at a public meeting of the City Council and, except as herein provided,
shall immediately be tabled by the Council and shall not be eligible
for adoption until the next regularly scheduled public Council meeting.
At a subsequent Council meeting, the proposed ordinance may be adopted
by a majority vote of the Council. The Mayor shall not have voting
privileges. The Council may, by a four-fifths vote, declare any proposed
ordinance or any proposed amendment to an ordinance to be an "emergency
ordinance" and shall thereupon be authorized to introduce and enact
such ordinance or amendment at a single meeting. Every ordinance,
unless it is passed as an emergency ordinance, shall become effective
at the expiration of twenty (20) calendar days following approval
by the Mayor or passage by the Council over the Mayor's veto. An emergency
ordinance shall become effective on the date specified in the ordinance,
but no ordinance shall become effective until approved by the Mayor
or passed over his or her veto by the Council.
C.
Veto.
All ordinances passed by the Council shall be delivered by the City
Administrative Officer to the Mayor for his or her approval or veto
the day after the meeting at which it was adopted. If the Mayor approves
any ordinance, he or she shall sign it. If the Mayor vetoes any ordinance,
he or she shall not sign it. The Mayor shall return all ordinances
to the City Administrative Officer within five (5) business days after
delivery to him or her (including the day of delivery and the day
of return) with his or her approval or veto. Any ordinance approved
by the Mayor shall be law. An ordinance vetoed by the Mayor shall
be returned to the City Administrative Officer with a message stating
the reasons for his or her disapproval. Upon receipt of any ordinance
disapproved by the Mayor, within two (2) business days the City Administrative
Officer shall deliver the ordinance and accompanying message stating
the reasons for the Mayor's disapproval to the Chairman of the
Council. Any vetoed ordinance shall not become law unless subsequently
passed by a favorable vote of four-fifths of the whole Council within
thirty-five (35) calendar days from the time of the return of the
ordinance. If the Mayor fails to return any ordinance within the aforementioned
time period it shall be deemed to be approved by the Mayor and shall
become law in the same manner as an ordinance signed by the Mayor.
D.
Ordinances: enforcement. The style of all ordinances
enacted by the Council shall be "Be it enacted and ordained by the
City Council of New Carrollton," and all suits at law for the violation
thereof shall be instituted in the name of the City of New Carrollton,
against offending parties, and all fines recovered in such suits at
law for the breach of any ordinance of the corporation and any fine
imposed by any judicial officer for violation of such ordinances shall
be collected by said judicial officer and paid over to the Director
of Finance and Accounting of the City within one (1) month after collection
of the same.
E.
Ordinances: certified copies. A copy of any ordinance
or record of the City of New Carrollton, certified by its City Administrative
Officer or City Clerk, under its Seal, to be a true copy and the whole
of such ordinance or record, shall be received in all courts as presumptive
legal evidence of the facts therein stated.
F.
Ordinances: penalties.
(1)
To ensure
compliance with the ordinances of the City, the Council shall have
the power to provide that a violation shall be a misdemeanor or a
municipal infraction, unless the violation is declared to be a felony
or misdemeanor by State law. The Council shall have the power to affix
penalties of a fine for the violation of an ordinance. The penalty
for a misdemeanor shall not exceed the amount of a fine authorized
by State law per infraction and/or imprisonment as provided for by
State law. A penalty for a municipal infraction shall not exceed that
amount authorized by State law per infraction. The Council may provide
that a judgment or conviction for an offense shall not bar a subsequent
enforcement procedure for a continuation of the same offense subsequent
to the first or any succeeding conviction.
(2)
The Council may also provide that violations of any
ordinances or resolutions shall be a municipal infraction, unless
that violation is declared to be a felony or misdemeanor by the laws
of the State or other ordinance. For purposes of this subsection,
a municipal infraction is a civil offense. A fine not to exceed that
authorized by State law may be imposed for each conviction of a municipal
infraction. Each day a violation continues shall constitute a separate
offense.
[Amended 12-4-2002 by Res. No. 02-10; 9-19-2012 by Ord. No. 13-05; 3-10-2014 by Res. No. 14-03]
A.
The Council shall have all the powers specified for exercise by municipalities
or necessarily implied therefrom as granted under the Constitution
and Laws of the State of Maryland and the United States of America,
together with any and all powers inherent in the creation of municipalities.
Furthermore the Council shall have the power to pass such ordinances
not contrary to the Constitution and Laws of the State of Maryland
or this Charter as it may deem necessary for the good government of
the City; for the protection and preservation of the City's property,
rights, and privileges; for the preservation of peace and good order;
for securing persons and property from violence, danger, or destruction;
and for the protection and promotion of the health, safety, comfort,
convenience, and welfare of the residents of and visitors in the City.
B.
In
addition to all powers granted to the City by this Charter or any
other provision of law, the City may exercise any power or perform
any function which is not now or hereafter denied to it by the Constitution
of Maryland, this Charter, or any applicable law passed by the General
Assembly of Maryland. The enumeration of powers and functions in this
Charter or elsewhere shall not be deemed to limit the power and authority
granted to the City in this section.
C.
Saving
clause. The enumeration of powers in this section is not to be construed
as limiting the powers of the City to the subjects mentioned and is
in addition to any other powers that the City may have under and by
virtue of the general public laws of Maryland.
A.
Tax rate. All real property and all tangible personal
property within the corporate limits of the City or personal property
which may have a situs within the City limits by reason of the residence
of the owner therein is subject to taxation for municipal purposes,
and the assessment valuation used shall be the same as that for State
and County taxes. Household furniture, not held or employed for purposes
of profit or in connection with any business, profession or occupation
shall not be subject to municipal taxation. The Council shall have
full power and authority to levy annually, upon all real property
and tangible personal property, shares of stock in domestic corporations,
operating property of railroads and contract carriers, operating property
of public utilities, stock in business of manufacturing or commercial
business which shall include inventory, manufacturing property, franchises
of the City and all other property authorized by law subject to assessment
and tax for State and County purposes, such taxes and at such rates
as may be necessary, in its judgment, to meet the anticipated expenses
of the next succeeding fiscal year. From the effective date of the
annual budget, the amount stated therein as the amount to be raised
by the property tax constitutes a determination of the amount of the
tax levy in the corresponding tax year.
[Amended 12-4-2002 by Res. No. 02-11; 1-16-2008 by Res. No.
07-01; 3-10-2014 by Res. No. 14-06]
B.
Tax bills. Whenever the Council shall levy a tax,
the City shall prepare a listing of all persons, partnerships, firms
or corporations charged therewith and shall indicate thereon the respective
sums to be collected from the same. The City shall promptly render
to each such person, partnership, firm or corporation a statement
or tax bill showing the amount due by them.
[Amended 3-10-2014 by Res. No. 14-06]
C.
Collections. All taxes levied under this section shall
be a lien on any and all property of the person, partnership, firm
or corporation against whom said taxes are levied. The Council shall
by ordinance or resolution provide for the systematic and orderly
collection of taxes consistent with the applicable provisions of the
Tax-Property Article and the Tax-General Article of the Annotated
Code of Maryland and the Code of Public Local Laws of Maryland, entitled
"Prince George's County."
[Amended 3-10-2014 by Res. No. 14-06]
D.
Tax sales. The Director of Finance and Accounting
of the City of New Carrollton, upon receiving notice from the appropriate
official of Prince George's County, as is provided for in § 14-801
of the Tax-Property Article of the Annotated Code of Maryland, and
not later than thirty (30) days after receipt of said notice, shall
certify to the appropriate official of Prince George's County a statement
of all taxes due the City of New Carrollton, and the payment of said
taxes shall be enforced in accordance with the provisions of § 14-801
et seq. of the Tax-Property Article of the Annotated Code of Maryland,
relating to tax sales generally. The payment of said taxes may also
be enforced in any other manner as is now or may be provided by law.
[Amended 3-10-2014 by Res. No. 14-06]
E.
Assessments. The Council is hereby authorized, empowered
and directed to adopt and use as and for the assessment of property
within the corporate limits of the City the assessment in force in
the same fiscal year for County tax purposes in Prince George's County.
The adoption and use of said County tax assessment by the Council
shall be treated and considered in all respects as its own valuation
and basis of assessed property in the City subject to taxation for
municipal purposes.
[Amended 12-4-2002 by Res. No. 02-12]
The City of New Carrollton shall receive its
share or proportion of all public moneys.
A.
Fiscal year. The fiscal year of the City shall begin
on the first day of July in any year and shall end on the last day
of June in the following year. Such fiscal year shall constitute the
tax year, the budget year and the accounting year.
B.
Annual budget. The City shall operate on an annual
budget. The Mayor, shall submit an operating and a capital budget
on such date as the Council by ordinance determines. This budget shall
provide a complete financial plan for the budget year and shall contain
estimates of anticipated revenues and proposed expenditures for the
coming year. The total of the anticipated revenues shall equal or
exceed the total of the proposed expenditures.
[Amended 12-4-2002 by Res. No. 02-13]
C.
Budget adoption. Before adopting the budget, the Council
shall hold a public hearing thereon after publishing notice of said
public hearing in at least one (1) publication of general circulation
within the City. The Council may insert new items or may increase
or decrease the items of the budget. If the Council increases the
total proposed expenditures, it shall also increase the total anticipated
revenues to an amount at least equal to the total proposed expenditures.
The budget shall be prepared and adopted in the form of an ordinance.
A favorable vote of at least a majority of the total elected membership
of the Council is necessary for adoption.
D.
Appropriations. No public money may be expended without
having been appropriated by the Council. From the effective date of
the budget, the several amounts stated therein as proposed expenditures
shall be and become appropriated to the several objects and purposes
named therein. Any transfer of funds between appropriations for different
purposes must be approved by the Council before becoming effective.
All appropriations lapse at the end of the budget year to the extent
that they are not expended or lawfully encumbered. Any unexpended
and unencumbered funds shall be considered a surplus at the end of
the budget year and shall be included among the revenues for the current
budget year or be designated for other purposes as specified by the
City Council.
[Amended 1-21-1998 by Res. No. 97-05]
E.
Audit. The Council shall provide for the financial
books and accounts of the City to be audited annually as required
by the Annotated Code of Maryland, or at such other times as the Council
may require. The Council shall appoint the auditor.
[Amended 3-10-2014 by Res. No. 14-06]
F.
Financial statement. At least thirty (30) days before
each general election, and before each special election at which there
is a ballot question pertaining to the expenditure or borrowing of
public moneys, the Mayor shall have prepared in a form appropriate
and made available in a suitable place or places for inspection by
the taxpayers of the City a detailed statement of the financial condition
of the City, including receipts and expenditures of all kinds whatsoever
since the last general election.
A.
Authority.
The City shall have the power to assess against the abutting property
for special benefits conferred upon that property, and to collect
from the owners thereof in the form of special assessments upon the
property, any part or all of the cost of the design, installation
and/or construction and/or paving of streets or public rights-of-way,
sidewalks, curbs and gutters, drainage systems and other permanent
municipal improvements as it may determine to be necessary for the
public benefit and for the benefit of the owners of said abutting
land. Such costs shall include the direct construction costs of the
project, including engineering costs, the cost of any land acquired
for the project, the interest on bonds, notes or other evidences of
indebtedness issued in anticipation of the collection of special assessments,
a reasonable charge for the administrative expense incurred to levy
and collect the assessment and any other item of cost which may reasonably
be attributed to the project. The City shall have the authority to
provide for the payment of all or any part of the above projects out
of the proceeds of such special assessment. All benefit assessments
so levied shall be subject to the provisions of this section. In no
case shall the Council levy an assessment to recover the cost of normal
repairs or maintenance to existing streets, sidewalks, curbs and gutters,
drainage facilities or other similar improvements. Before levying
any benefit assessment as provided herein, the Council must obtain,
in writing, the approval of the owners of more than fifty percent
(50%) of the abutting property against which the assessment is to
be made.
[Amended 3-10-2014 by Res. No. 14-06]
B.
Notice
of proposed assessment. When the Council has determined to propose
an assessment for an improvement, the Administrative Officer shall
notify, in writing, all owners of property against which the assessment
is proposed to be levied, stating a time and place for a public hearing
to be conducted thereon. Said notice may be mailed to the last known
address of the owner. Said notice shall state the nature and extent
of the proposed project, the estimated cost of the project, the portion
of the cost to be assessed to the property owner, the number of installments
in which the assessment may be paid and the rate of interest the assessment
will bear. Notice of said public hearing shall also be advertised
in at least one (1) publication of general circulation within the
City at least five (5) days before the date of the hearing. The City
Administrative Officer shall present at the hearing a certificate
of publication and mailing of copies of the notice, which certificate
shall be deemed proof of notice. Failure of any owner to receive the
mailed copy shall not invalidate the proceedings. Following the public
hearing, and upon obtaining the written approval of the owners of
more than fifty percent (50%) of the assessable property, the Council,
in its discretion, may vote to proceed with the project and to levy
the assessment. Any person feeling aggrieved by the levying of an
assessment under the provisions of this assessment shall have the
right to appeal to the Circuit Court for Prince George's County
within ten (10) days after the levying of said assessment by the Council.
[Amended 3-10-2014 by Res. No. 14-06]
C.
Levying of assessments. All assessments levied under
the provisions of this section shall be by ordinance of the City Council
and shall be a lien on the property assessed, to be collected in the
same manner as is provided for the collection of real property taxes.
The assessment against each abutting parcel shall be for a share of
the total cost of the assessable improvement equal to the proportion
thereof that the number of feet in said parcel abutting on such improvement
bears to the total assessable frontage on the part of the street or
area so improved, or shall be on such other equitable basis as determined
by the Council. The principal of such assessment shall be payable
in twenty (20) equal semiannual installments from the date of the
assessment, and at the time of the payment of each of the installments
there shall also be due and payable the interest on such installment
and on the balance of the principal then unpaid. The rate of interest
shall be as determined by the Council in levying the assessment, and
it shall not exceed the rate of interest stated in the notice of the
proposed assessment mailed to the owners of assessable property as
provided in this section.
D.
Collection. All assessments shall be billed and collected
by the Director of Finance and Accounting, who shall be charged with
the custody of all proceeds therefrom. All collections shall be maintained
in a separate fund in the accounts of the City. No part of the proceeds
collected may be used except to liquidate the notes, bonds or other
evidences of indebtedness and to pay the interest thereon which may
have been issued to finance the improvements for which the assessment
was levied. When such notes, bonds or other evidences of indebtedness
have been paid in full, any remaining balance in the special assessment
fund may be used for general municipal purposes as directed by the
Council.
[Amended 3-10-2014 by Res. No. 14-06]
[Amended 11-16-2011 by Res. No. 11-01; 3-10-2014 by Res. No. 14-06]
A.
The City shall have the power to borrow money for any proper public
purpose and to evidence such borrowing by the issuance and sale of
its general obligation bonds, notes or other evidences of indebtedness
in the manner prescribed in this section.
B.
All general obligation bonds, notes or other evidences of indebtedness
issued under the provisions of this section shall be authorized by
an ordinance that shall contain:
(1)
A statement of the maximum aggregate principal amount of such obligations
to be issued;
(2)
A statement of the purpose or purposes for which the proceeds of
such obligations are to be expended;
(3)
A pledge of the security for such obligations and, if applicable,
a statement that such obligations shall be payable in the first instance
from a specified source of revenue or provisions for the making of
such statement by resolution; and
C.
Prior to issuing any such obligations identified in Subsection B above, the Council shall adopt a resolution containing, determining or providing for the determination of, or approving or providing for the approval of: 1) the designation, date of issue, denomination or denominations, form or forms and tenor of such obligations; 2) the rate or rates of interest payable on such obligations (which may be fixed or variable or may be determined by a method approved or provided for); 3) the date or dates and amount or amounts of maturity, which may be in any denomination and which may be in serial and/or term maturities or otherwise payable in installments; 4) the manner of selling such obligations, which may be either by solicitation of competitive bids at public sale after publication or dissemination of the notice of sale or a summary thereof or by private (negotiated) sale without advertisement or solicitation of competitive bids; 5) the price or prices of such obligations, which may be at, above or below par value; 6) any desired provisions relating to the redemption or put of such obligations prior to maturity (which may be at, above or below par value), and the manner of publishing or otherwise giving notice of such redemption or put; 7) the manner of executing and sealing such obligations, which may be by facsimile; 8) any documents pursuant to which such obligations are to be issued or secured, including, without limitation, agreements with banks, fiduciaries, insurers or others for the purpose of enhancing the marketability of or as security for such obligations and for securing any tender option granted to the holders thereof; and 9) such other provisions regarding the terms, conditions, issuance, sale, delivery and security of and for such obligations as the Council may determine necessary or desirable, including, without limitation, whether such obligations shall be sold for cash or other valuable consideration or further specifying the purposes for which such obligations are to be expended (within the limitations set forth in the applicable ordinance). By resolution the Council may delegate to a specified official or officials the authority to approve any matters or make any determinations contemplated by this Subsection C. A resolution adopted pursuant to this Subsection C may be introduced and adopted at a single session of the Council and shall become effective immediately upon adoption or upon the date specified in such resolution.
D.
The Council may, at its option, determine or provide for the determination of, or approve or provide for the approval of, any of the matters referenced in Subsection C above by ordinance instead of by resolution.
E.
In connection with any sale of general obligation bonds, notes or other evidences of indebtedness by the solicitation of competitive bids at public sale, any such competitive bids may be delivered by electronic and/or facsimile means and/or by any other then-commercially reasonable manner for the public sale of municipal obligations by competitive bid; and any notice of sale may be published solely in summary form in a newspaper of general circulation in the City and/or in a generally recognized financial journal such as the bond buyer, or any notice of sale, rather than being published in full or summary form, may be made available solely via the Internet or by other electronic means and/or by any other then-commercially reasonable manner for the sale of municipal obligations, all as determined by the Council by resolution or ordinance in accordance with the provisions of Subsection C or Subsection D above, as applicable. To the extent the Council determines to publish the notice of sale in full or summary form, any such publication need only be made once at least seven (7) days before the initial date fixed for sale.
F.
The power conferred on the City under this section shall be deemed
to be additional and supplemental to any other general obligation
borrowing authority granted to the City by Maryland, City or federal
law, and the City may authorize, issue and secure any such general
obligation debt in conformity with this section and/or any other applicable
law.
[1]
Editor’s Note: Former § C-17, Settlement of claims,
as amended, was repealed 3-10-2014 by Res. No. 14-06.
[Amended 1-21-1998 by Res. No. 97-05; 12-4-2002 by Res. No.
02-15; 3-10-2014 by Res. No. 14-06]
The Mayor shall be responsible for all purchases made by or
on behalf of the City. The Council shall, by ordinance, provide procedures
for the purchase of all supplies, materials, equipment, contractual
services and capital improvements for the City. All purchases shall
be made as provided for in the City purchasing policies adopted by
the City Council by ordinance, provided that emergency purchases and
purchases for which competitive bids cannot be obtained may be made
without regard to competitive bidding procedure.
A.
Petition:
annexation resolution. At any time within the forty-five-day period
following the final enactment of an annexation resolution, 1) a number
of persons equal to not less than twenty percent (20%) of the registered
voters who are residents in the area to be annexed, 2) at least twenty
percent (20%) of the qualified voters of the City, and/or 3) the governing
body of the County in which the City is located, by at least a 2/3
majority vote, may, in writing, petition the Mayor and City Administrative
Officer of the City for a referendum on the resolution. Upon the presentation
of a petition by the residents of the area to be annexed or the qualified
voters of the City, the City Administrative Officer shall cause to
be made a verification of the signatures thereon and shall ascertain
that the persons signing the petition represent at least twenty percent
(20%) of either the registered voters who are residents in the area
to be annexed or the qualified voters of the City, depending on the
petition reviewed. Upon verifying that the requirements of this subsection
and Division II "Municipalities," Title 4 "In General," Subtitle 4
"Annexation" of the Local Government Article of the Annotated Code
of Maryland have been complied with, the officer shall by proclamation
suspend the effectiveness of the resolution, contingent upon the results
of the referendum. Upon presentation of a petition by the governing
body of Prince George's County, the City Administrative Officer
shall verify compliance with the requirements of Division II "Municipalities,"
Title 4 "In General," Subtitle 4 "Annexation" of the Local Government
Article of the Annotated Code of Maryland, and upon verifying compliance
the Mayor, by proclamation, shall suspend the effectiveness of the
annexation resolution pending the results of the referendum. The Council
shall have the annexation resolution or the part thereof requested
for referendum submitted to a referendum in accordance with the provisions
of Division II "Municipalities," Title 4 "In General," Subtitle 4
"Annexation" of the Local Government Article of the Annotated Code
of Maryland and the Council shall have the authority to enact ordinances
to provide for conducting and tabulating the results of such a referendum.
[Amended 12-4-2002 by Res. No. 02-16; 3-10-2014 by Res. No.
14-05; 1-17-2018 by Res. No. 18-04]
B.
Petition: Charter amendment resolution. A Charter
amendment or amendments proposed by the City Council of the City shall
become and be considered a part of the City Charter, according to
the terms of the amendment or amendments, in all respects to be effective
and observed as such, upon the 50th day after being so ordained or
passed, unless on or before the 40th day after being so ordained or
passed there shall be presented to the City Council of the City, or
mailed to it by certified mail, return receipt requested, bearing
a postmark from the United States Postal Service, a petition meeting
the requirements of this subsection and the Local Government Article
of the Annotated Code of Maryland. The petition shall be signed by
twenty percent (20%) or more of the qualified voters for general elections
of the City and shall request that the proposed amendment or amendments
be submitted to referendum of the qualified voters of the City. Petitions
for referendum of a Charter amendment resolution shall be handled
in accordance with the applicable provisions of the Local Government
Article of the Annotated Code of Maryland, as amended.
[Amended 3-10-2014 by Res. No. 14-05; 1-17-2018 by Res. No. 18-04]
C.
Petition: ordinances. If, before the expiration of
twenty (20) calendar days following approval of an ordinance, a petition
is filed with the City Board of Elections containing the signatures
of not less than eight per centum (8%) of the qualified voters of
the City and requesting that the ordinance or resolution, or any part
thereof, be submitted to a vote of the qualified voters of the City
for their approval or disapproval, the Council shall have the ordinance
or the part thereof requested for referendum submitted to a vote of
the qualified voters of the City at the next regular City election
or, in the Council's discretion, at a special election occurring before
the next regular election. A petition must be submitted to the City
Attorney to be approved by him/her in order for the petition to be
valid. The City Attorney shall have three (3) business days to approve
the petition. No ordinance, or the part thereof requested for referendum,
shall become effective following the receipt of such petition until
and unless approved at the election by a majority of the registered
voters voting on the question. An emergency ordinance, or the part
thereof requested for referendum, shall continue in effect for sixty
(60) days following receipt of such petition. If the question of approval
or disapproval of any ordinance, or any part thereof, has not been
submitted to the registered voters within sixty (60) days following
receipt of the petition, then the operation of the ordinance, or the
part thereof requested for referendum, shall be suspended until approved
by the majority of the registered voters voting on the question at
the election. Any ordinance, or part thereof, disapproved by the voters
shall stand repealed. The provisions of this section shall be self-executing,
but the Council may adopt ordinances in furtherance of these provisions
and not in conflict with them.
[Amended 3-10-2014 by Res. No. 14-05]
D.
Petition: form. Each person signing a petition shall
indicate thereon both his or her name and residence address. Each
person signing the petition shall also print his or her name and address,
but failing to print a name and/or address shall not disqualify a
corresponding signature. A petition may consist of several pages,
but each page shall contain a request that the resolution or ordinance
be submitted on referendum to the voters of the City and shall also
consist of the complete text or an accurate and fair summary of the
ordinance, annexation resolution, Charter amendment resolution or
other resolution petitioned upon. There shall be at the bottom of
each page of signatures filed with a petition an affidavit of the
person procuring the signatures on such page that to the person's
best knowledge and belief every signature on it is genuine and bona
fide and that the signers are qualified voters of the City. Upon receiving
the petition, the Board of Elections is directed to verify that it
has been signed by the required number of qualified voters. A minor
variation in the signature of a petitioner between his or her signature
on a petition and that on the City voter registration records shall
not invalidate the signature. The invalidation of one signature on
a petition shall not serve to invalidate any others. If the petition
fails to contain the required number of valid signatures, as determined
by the Board of Elections, the petitioners may submit, as an amendment
to their original petition, the additional number of valid signatures
to meet the requirements of this subsection but within the aforementioned
time.
[Amended 12-4-2002 by Res. No. 02-16]
E.
Petition: applicability. The provisions of this subsection
shall not apply to any ordinance, or part thereof, levying property
taxes for the payment of indebtedness, but the provisions of this
subsection shall apply to any ordinance, or part thereof, levying
benefit assessment charges.
F.
Effect of petition. Any ordinance or resolution, or
the part thereof requested for referendum, shall be suspended following
the receipt of such petition until and unless found to be invalid
or approved at the election thereon by a majority of the qualified
voters voting on the question; provided, however, that for ordinances
the total number of votes cast in any special election shall equal
at least twenty-five percent (25%) of the total number of votes cast
in the last municipal general election. In the case where fewer than
twenty-five percent (25%) of the votes in the previous municipal election
are cast, then the ordinance or resolution shall be considered approved
and valid and the suspension of its effectiveness shall end. Any ordinance
or resolution, or part thereof, disapproved by the voters shall stand
repealed.
[Amended 12-4-2002 by Res. No. 02-16; 3-10-2014 by Res. No. 14-05]
G.
Advisory referendums. The Council, for its guidance,
may provide for advisory referendum questions at a regular or a special
municipal election.
A.
Application. The holder of any elected office of the
City shall be subject to recall for failure to perform the duties
of his or her office as such duties are set forth in this Charter.
[Amended 1-21-1998 by Res. No. 97-05; 3-10-2014 by Res. No. 14-05]
B.
Petition. If a petition signed by not less than twenty-five
percent (25%) of the qualified registered voters of the City shall
be presented to the Board of Elections setting forth that the officeholder
in question has failed to perform the duties of his or her office
and specifying the instances of such failure and requesting an election
to vote upon the recall of the officeholder, the Board of Elections
shall immediately pass upon the legal sufficiency thereof and shall
verify that the petition has been signed by the required number of
qualified registered voters. Each person signing the petition shall
indicate thereon their name and residence address. The Council shall
consider the petition as of no effect if it is signed by fewer than
twenty-five percent (25%) of the persons who are qualified to vote
in municipal elections. A minor variation in the signature of a petition
between his or her signature on a petition and that on the City voter
registration records shall not invalidate the signature. The invalidation
of one signature on a petition shall not serve to invalidate any others.
[Amended 3-10-2014 by Res. No. 14-05]
C.
Effect of petition. If the Board of Elections shall
determine that the petition meets all the requirements of this section,
the Council shall, by resolution, specify the day and the hours for
a special election to be held, not more than forty-five (45) calendar
days from the date said resolution is adopted. The resolution shall
specify the exact wording of the question which is to appear on the
ballot. The ballot question shall include the name of the officeholder
in question and the office which he or she holds and shall request
a "yes" or a "no" vote as to his or her removal from that office.
The ballot question shall not specify, or in any way refer to or imply,
the reasons for which removal is being sought.
D.
Results of election. If a majority of the voters in
the special election vote in favor of recalling the officeholder in
question, upon certification of the results of the election by the
Board of Elections to the Council, said office shall thereupon be
declared vacant by the Council and shall be filled by the Council
in the manner prescribed by this Charter; provided, however, that
if the total number of votes cast in the special election does not
equal at least twenty percent (20%) of the total number of registered
voters, then the results of the election shall be considered to have
no effect.
[Amended 1-21-1998 by Res. No. 97-05]
[1]
Editor's Note: Former § C-20, Ordinances or resolutions
initiated by qualified voters, as amended, was repealed 1-17-2018
by Res. No. 18-04. This resolution also provided for the renumbering
of former §§ C-21 through C-23 as §§ C-20 through
C-22, respectively.
[Amended 12-4-2002 by Res. No. 02-18]
The Council shall adopt a Code of Ethics applying
to all persons in the service of the City, such code to be on file
for public inspection in the offices of the City, and shall be reviewed
every three (3) years by the Board of Ethics.
[Amended 3-10-2014 by Res. No. 14-03]
Notwithstanding any other evidence of the legislative intent
of the Council regarding this Charter, it is hereby declared to be
the legislative intent that if any provisions of this Charter or the
application thereof to any person or circumstances is held invalid
by any court of competent jurisdiction, the remainder of the Charter
and the application of such provision to other persons or circumstances
shall not be affected thereby.
