The County Council, hereinafter referred to as the Council,
is composed of five members.
All powers which may be exercised by Talbot County under the
Constitution and laws of Maryland, including all law-making powers
heretofore exercised by the General Assembly of Maryland but transferred
to the people of the County by adoption of this Charter, are vested
in the Council subject to those powers retained by the people of Talbot
County as hereinafter set forth in Sections 216 and 217 of the Charter.
The County Council is responsible for the enforcement of this Charter
and the laws passed under its terms, which responsibility may be delegated
and the officials and employees so charged shall have the authority
conferred upon them by the laws of Talbot County.
In all its legislative functions and deliberations, the Council
shall act as a body and has no power to delegate any of those functions
and duties to a smaller number of its members than the whole.
Councilmen shall be nominated and elected at large by the qualified
voters of the entire County at the same time as State officers and
in the manner provided by law.
A Councilman shall serve for a term beginning at noon on the
first Monday in December next following his election, and ending at
noon on the first Monday in December in the fourth year thereafter.
A Councilman shall be a qualified voter of the County for at
least two years immediately preceding his election or appointment.
During his term of office, he shall not hold any other office of profit
in federal, state, county, or municipal government. He shall not,
during the whole term for which he was elected or appointed, be eligible
for appointment to any County office or position carrying compensation.
He shall immediately forfeit his office upon conviction of a felony,
or upon adjudication by the Circuit Court for Talbot County of his
mental or physical incompetence or gross inattention to duty, upon
petition of not less than three councilmen.
Council members shall receive compensation of fourteen thousand
four hundred dollars ($14,400) per annum beginning with terms commencing
in or after 2002. The President of the Council shall receive an additional
one thousand dollars ($1,000.00) per annum. [Amended 4-24-1990
by Bill No. 390, approved at referendum 11-6-1990, effective 12-4-1990;
5-14-2002 by Res. No. 97, approved at referendum 11-12-2002, effective
12-12-2002]
(a)
A vacancy in the Council exists upon the death or resignation of
a Councilman, or upon forfeiture of office by a Councilman and delivery
of notification of the vacancy to the Secretary of the Council.
(b)
A vacancy shall be filled by a majority of the remaining members
of the Council in the following manner:
(1)
If the appointee is to succeed a member of a political party,
he shall be selected from a list of at least three (3) qualified persons
submitted to the Council by the Talbot County Central Committee of
the party to which the former Councilman belonged. The Central Committee
shall submit the list to the Council within twenty-one (21) calendar
days after the vacancy occurs.
(2)
If the Central Committee shall not deliver a list of at least
three (3) qualified persons within twenty-one (21) calendar days,
the Council shall appoint any qualified person of the party to which
the former Councilman belonged.
(3)
If the appointee is not to succeed a member of a political party,
the Council shall appoint a qualified person to fill the vacancy.
(4)
The Council shall fill the vacancy within thirty (30) calendar
days following: (i) the receipt of the list, (ii) expiration of the
time for delivery of the list, or (iii) the vacancy, if the appointee
is not to succeed a member of a political party.
(c)
(1)
Any person appointed pursuant to Section (b) hereof more than
sixty (60) days prior to the filing deadline for the primary of an
election for President of the United States shall serve until the
first Monday in December following the general election for said President,
and a special election shall be held contemporaneous with the primary
and general of said presidential election to fill the balance of said
term at which any qualified candidate from any political party may
file.
(2)
Any person appointed thereafter shall serve the balance of the
term of the former Councilman.
(d)
If the Council shall not fill the vacancy within the time provided
in subparagraph (b) (4) above, or if two or more vacancies occur in
the Council simultaneously, the Governor of the State of Maryland
shall appoint persons to fill the vacancies. If an appointee is not
to succeed a member of a political party the Governor shall make the
appointment within thirty (30) days of the occurrence of simultaneous
multiple vacancies, or upon expiration of the time provided in subparagraph
(b) (4) for the Council to act. If the appointee is to succeed a member
of a political party, the Governor shall make the appointment from
a separate list of at least three (3) qualified persons for each vacancy
submitted to him by the Talbot County Central Committee of the party
to which the former Councilmen belonged provided that in each case
the list shall be received by the Governor not more than twenty-one
(21) days after the occurrence of (1) simultaneous multiple vacancies,
or, (2) expiration of the time provided in subparagraph (b) (4) for
the Council to act. In the event that said list or lists are not received
as provided, the Governor may appoint any qualified person or persons
from the party of the former councilman or councilmen. The Governor
shall have thirty (30) days from the date of receipt of the list,
or expiration of the time to deliver the list, to make the appointments.
(e)
The unexercised power of any appointing authority to make any appointment
under this Section terminates upon expiration of the time provided
for making the appointment.
(f)
The Council shall provide by law for the conduct of a special election
to be held to fill any vacancy which may exist if the Governor shall
fail to fill said vacancy as provided in Section (d) hereof. The person
elected shall serve the remainder of the term of the former Councilman.
[Amended 4-8-2008 by Res.
No. 149, approved at referendum 11-4-2008, effective 12-4-2008]
The Council shall elect from among its members a President and
a Vice President on an annual basis. The President, or in his absence
the Vice President, shall preside at all meetings. On all questions
before the Council the President and Vice President have and may exercise
the vote to which each is entitled as a Council member.
In addition to annual audits required by State law, the Council
at any time may order the examination or audit of the accounts of
any agency that receives or disburses County funds. Upon the death,
resignation, removal, or expiration of the term of any County administrative
officer, the County Auditor shall cause an audit and investigation
to be made of the accounts maintained by the officer and by his agency.
The results of the audit shall be reported to the Council, and copies
shall be made available to the public no later than two months after
the ordering of the audit.
The Council may make investigations into the affairs of the
County and the conduct of any County agency. For this purpose, the
Council may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence.
(a)
Legislative sessions of the Council shall be held on the second and
fourth Tuesdays of each month, and when deemed necessary the Council
by an affirmative vote of four-fifths of the members of the full Council
may designate not more than one additional day of each month as a
legislative session-day, except for November of a Councilmanic election
year (in which no session will be held).
(b)
For the purpose of performing any duties, other than passing legislation,
the Council may designate non legislative sessions at any other times
it determines.
(c)
A majority of the members of the full Council are a quorum for the
transaction of business.
(d)
The Council shall provide for the keeping of a Journal which shall
be open to public inspection at all reasonable times.
(e)
All voting, except on procedural motions, shall be by roll call,
and the ayes and nays shall be recorded in the Journal.
(f)
No business may be transacted, or any appointments made, or nominations
confirmed, except in public session.
(g)
The Council shall adopt and publish Rules of Procedure not inconsistent
with the provisions of this Charter.
(a)
Every law of the County, except a bill introduced by direct initiative,
shall be styled: "Be it enacted by the County Council of Talbot County,
Maryland." The Council shall pass no law except by bill. The subject
of every law shall be described in its title. Every law, except the
budget law and supplementary appropriation laws, shall embrace but
one subject. Each capital project shall be the subject of a separate
enabling law. No law or section of law shall be revived or amended
by reference to its title only.
(b)
A bill may be introduced by any member of the Council on any legislative
session-day of the Council. Every copy of the bill shall bear the
name of the member of the Council introducing it and the date it was
introduced. On the introduction of a bill, a copy thereof and notice
of the time and place of the hearing on the bill shall be posted within
seventy-two hours on an official bulletin board to be set up by the
Council in a public place. Additional copies of the bill shall be
made available to the public at a nominal fee. Bills introduced to
meet emergencies affecting public health, safety, or welfare shall
be plainly designated as emergency bills and contain, after the enacting
clause, a declaration stating that an emergency exists and describing
the claimed emergency in clear and specific terms. The term "emergency
bill" shall not include any measure creating or abolishing any office;
changing the compensation, term, or duty of any officer; granting
any franchise or special privilege; creating any vested right or interest;
creating a new tax; changing an existing tax rate; or changing any
zoning law or map.
(c)
The President of the Council, within seventy-two hours following
the introduction of a bill, shall schedule and give public notice
of a public hearing on the bill. The date of the public hearing and
the title and a summary of the bill shall be published once a week
for two successive weeks prior to enactment in at least one newspaper
of general circulation in the County. Such notice, without the date
of public hearing, shall be similarly published once on the first
publication date after enactment of the bill. The public hearing on
a bill may, but need not, be held on a legislative session-day and
may be adjourned from time to time.
(d)
After the public hearing, a bill may be finally passed on a legislative
session-day with or without amendment, but if a bill is amended before
passage, and the amendment constitutes a change of substance, the
bill shall not be passed until it is reprinted or reproduced as amended
and a public hearing set thereon and proceedings had, as in the case
of a newly introduced bill. No bill, other than an emergency bill,
may be passed except by the affirmative vote of a majority of the
full Council. No emergency bill shall be passed except by an affirmative
vote of four-fifths of the members of the full Council.
(e)
Any bill not passed within sixty-five calendar days after its introduction,
or prior to November in a Councilmanic election year, fails.
Any law, except an emergency law, shall take effect sixty calendar
days following its enactment unless by a provision of the law it is
to take effect at a later date, or unless it is petitioned to referendum
as provided in Section 217 of this Charter. An emergency law shall
take effect on the date of its passage.
To guard against hasty legislation and afford the people of
the County adequate opportunity to express their will, the County
Council in executive (non-legislative) session shall have the right,
as the chief executive authority of the County, by the affirmative
vote of four-fifths of the full Council, to veto a bill passed by
the Council, prior to the effective date of the bill; and if vetoed,
the bill shall not become law. Emergency measures may be vetoed within
sixty calendar days after enactment in the same manner as hereinbefore
provided, except such laws shall be effective until the date of veto.
(a)
A bill may be initiated by the voters upon petition, in the form
prescribed by law, of not less than ten per centum of the qualified
voters of the County as of January 1 of the current year. Initiated
bills shall conform to the requirements provided in Section 213(a)
of this Charter, except that the bill shall be styled: "Be it enacted
by the People of Talbot County, Maryland." The petition shall be filed
with the Board of Supervisors of Elections of Talbot County.
(b)
If a petition is filed, the bill shall be referred to the qualified
voters of the County at the next ensuing regular election held for
members of the House of Representatives of the United States. If the
bill is approved by a majority voting thereon, it shall take effect
thirty calendar days thereafter.
[1]
Note: This section was declared constitutionally invalid under
Section 3 of Article XI-A of the Maryland Constitution by the Maryland
Court of Appeals in Maryland State Administrative Board of
Election Laws v. Talbot County, 316 Md. 332 (1988).
(a)
Any law passed pursuant to this Charter may be petitioned to referendum
except: (1) a law appropriating funds for current expenses of the
County government; (2) a law imposing a tax rate increase; (3) an
ordinance issuing bonds pursuant to a previous enabling law. The original
enabling law of the issue shall, however, be subject to referendum.
(b)
A law shall be submitted to a referendum by the voters upon petition,
in the form prescribed by law, of not less than ten per centum of
the qualified voters of the County as of January 1 of the current
year. The petition shall be filed with the Board of Supervisors of
Elections of Talbot County within fifty-nine calendar days from the
date the bill is enacted.
(c)
If a petition is filed, the law is suspended and shall be referred
to the qualified voters of the County at the next ensuing regular
election held for members of the House of Representatives of the United
States. If the law is approved by a majority voting thereon, it shall
take effect thirty calendar days thereafter. An emergency law shall
remain in force from the date of its passage notwithstanding the filing
of the petition, but shall stand repealed thirty calendar days after
having been rejected by a majority of the qualified voters of the
County voting thereon.
The Council shall cause all laws and all amendments to this
Charter to be published promptly following their passage as required
by law. The laws and Charter amendments shall also be made available
to the public at reasonable prices to be fixed by the Council.
At intervals not greater than every twenty years, the Council
shall compile and codify all laws of the County then in effect. Each
codification shall be known as the "Talbot County Code." The code
shall be published with an index and appropriate notes, citations,
annotations, and appendices as the Council determines. Not later than
March 1 of each year, except those years in which a complete new code
is published, the Council shall prepare and publish a cumulative supplement
to the County Code of Laws.
The Council shall appoint and remove at their discretion a County
Manager, a County Attorney, and the members of all boards and commissions.
All administrative appointments, suspensions, and removals made by
the County Manager as provided for in Section 304(b) of this Charter
are subject to confirmation by a majority of the full Council. All
employees, other than those specifically provided for in this Charter,
shall be appointed and removed by the heads of the several agencies
of the County government or in accordance with the provisions of a
County personnel law if so adopted.
As provided for in Section 220 of this Charter, the County Council
shall have the power to appoint for designated periods boards and
commissions of citizens, representing various interests in the County,
to act in an advisory or consultative capacity to the County Council.
Each board or commission shall elect its own officers. All members
thereof shall serve without pay.
