All legislative powers of the Town shall be
vested in a council (hereinafter referred to as the "Council") consisting
of six Council members (hereinafter referred to as "Council members")
and the Mayor. Council members shall be elected as hereinafter provided
and shall hold office for a term of four years or until the succeeding
Council members take office. The regular term of Council members shall
expire on the second Monday following the election of their successors.
Council members shall have resided in the Town
for at least one year immediately preceding their election and shall
be registered voters of the Town. Council members shall maintain a
permanent residence in the Town during their term of office.
Each Council member shall receive compensation
which shall be determined by an ordinance passed by the Council. The
compensation specified at the time any Council member takes office
shall not be changed as to that Council member during the term of
office for which he was elected.
[Amended 8-9-2004 by Res. No. 2004-3; 6-11-2007 by Res. No. 2007-01]
The newly elected Council shall meet at 7:00
p.m. on the second Monday following its election for the purpose of
organization, after which the Council shall meet regularly at such
times as may be prescribed by its rules but not less frequently than
once each month. Special meetings shall be called by the Town Manager
upon the request of a majority of the Council or as determined by
the Town Manager. Whenever a special meeting has been called, the
Town Manager shall notify all Council members and the Mayor. All meetings
of the Council shall be open to the public unless specifically falling
within the exceptions permitting closed sessions or adjournment of
an open session to a closed session pursuant to and as provided by
the State Government Article §§ 10-501 through 10-510
of the Annotated Code of Maryland, as may be amended from time to
time. The rules of the Council with respect to open meetings shall
provide that residents of the Town shall have a reasonable opportunity
to be heard.
[Amended 6-11-2007 by Res. No. 2007-01]
The Town Manager (or any assistant election
secretaries as may be appointed by the Mayor and the Council) shall
be the judge of the qualifications, contained in § C-4,
of the members of the Council.
[Amended 6-11-2007 by Res. No. 2007-01]
The Mayor shall serve as a member of the Council,
preside at its meetings and shall vote on all questions coming before
the Council. The Mayor shall serve as Chair of the Council. The Council
shall elect a Council President from among the Council members who
shall act as Chair of the Council in the absence of the Mayor.
A majority of the Council shall constitute a
quorum for the transaction of business, but no ordinance shall be
approved without the favorable votes of a majority of the Council.
The Council shall determine its own rules and
order of business. It shall keep a record of its proceedings and enter
therein the results of any final action on any question, resolution,
or ordinance, or at any other time if required by any one member of
the Council. The record shall be open to public inspection.
A.Â
Appointment. In case of a vacancy in the office of
a Council member for any reason, the Council, within 60 days, shall
appoint a person, qualified in accordance with C-4, to fill such vacancy
until the next Town election. The person elected at the next Town
election shall fill the remainder of the unexpired term if a portion
of the term exists.
B.Â
Procedure. Any appointment to a vacancy shall require
the favorable votes of a majority of the remaining members of the
Council. The results of any such vote shall be recorded in the minutes
of the Council.
A.Â
Procedure. No ordinance shall be passed at the meeting
at which it is introduced. At any regular or special meeting of the
Council held not less than six nor more than 60 days after the meeting
at which an ordinance was introduced, it shall be passed, or passed
as amended, or rejected, or its consideration deferred to some specific
future date. In cases of emergency, the above requirement may be suspended
by the affirmative votes of five members of the Council.
B.Â
Effectiveness. Every ordinance, except an emergency
ordinance, shall become effective at the expiration of 20 calendar
days following its final passage by the Council. An emergency ordinance
shall become effective on the date specified in the ordinance.
C.Â
Publication. A fair summary of each ordinance shall
be published by the Town Manager at least once following passage by
the Council in a newspaper of general circulation within the Town
of Sykesville.
[Amended 6-11-2007 by Res. No. 2007-01]
A.Â
If, before the expiration of 20 calendar days following
passage of any ordinance, a petition is filed with the Town Manager
containing the signatures of not less than 15% of the registered voters
of the Town and requesting that the ordinance, or any part thereof,
be submitted to a vote of the registered voters of the Town for their
approval or disapproval, the Council shall have the ordinance, or
the part thereof requested for referendum, submitted to a vote of
the registered voters of the Town at the next regular Town election
or, in the Council's discretion, at a special election occurring before
the next regular election. The Town Manager (or any assistant election
secretaries as may be appointed by the Mayor and the Council) shall
verify that the petition has been signed by the required number of
registered voters of the Town. Each person signing the petition shall
indicate thereon both his name and residence address. The Council
shall consider the petition as of no effect if it is signed by fewer
than 15% of the persons who are registered to vote in municipal elections.
A minor variation in the signature of a petitioner between his signature
on a petition and that on the Town voter registration records shall
not invalidate the signature. The invalidation of one signature on
a petition shall not serve to invalidate any others.
[Amended 6-11-2007 by Res. No. 2007-01]
B.Â
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 60
days following receipt of such petition. If the question of approval
or disapproval of any emergency ordinance, or any part thereof, has
not been submitted to the registered voters within 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 a majority of the registered voters voting on the question at any
election. Any ordinance, or part thereof, disapproved by the voters
shall stand repealed.
C.Â
The provisions of this section shall not apply to
any ordinance, or part thereof, passed under the authority of § C-57
levying property taxes for the payment of indebtedness, but the provisions
of this section shall apply to any ordinance, or any part thereof,
levying special assessment charges under the provisions of §§ C-75
and C-76. 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.
D.Â
Advisory referendum.
[Amended 6-11-2007 by Res. No. 2007-01]
(1)Â
By passage of a resolution at least 45 calendar days
preceding any general election, the Council may direct that an advisory
referendum of registered voters of the Town may be undertaken on the
questions set forth in such resolution. Upon petition filed with the
Town Manager containing not less than 15% of the registered voters
of the Town, at least 45 calendar days preceding any general election,
an advisory referendum shall be undertaken on the questions set forth
in the petition. The Town Manager (or any assistant election secretaries
as may be appointed by the Mayor and the Council) shall verify that
the petition has been signed by the required number of registered
voters of the Town. Each person signing the petition shall indicate
thereon both his name and residence address. The Council shall consider
the petition as of no effect if it is signed by fewer than 15% of
the persons who are registered to vote in municipal elections. A minor
variation in the signature of a petitioner between his signature on
a petition and that on the Town voter registration records shall not
invalidate the signature. The invalidation of one signature on a petition
shall not serve to invalidate any others.
(2)Â
Upon the passage of any such resolution or verification
of a petition, it shall be the duty of the Town's Board of Election
Supervisors to place such questions on all Town ballots or in a suitable
place on all Town voting machines, and to certify the results of the
voting on such question(s) to the Town Manager by the close of business
on the Monday following the election, who shall record the results
in the minutes of the Council. The Board of Election Supervisors shall
verify the status of the petitioners of any referendum petition as
registered voters of the Town and the fact that the petition was not
substantively altered after it was signed, prior to placing the question(s)
on the ballots or machines. The results of such referendum shall be
advisory only, and shall not be binding upon the Council.
[Amended 6-11-2007 by Res. No. 2007-01]
Ordinances and resolutions shall be permanently
filed by the Town Manager (or such other staff member as may be designated
by the Town Manager) and shall be kept available for public inspection.
