[Amended 8-23-2006 by Res. No. 2006-20, effective 10-12-2006; 12-16-2009 by Res. No. 2009-21, effective 1-25-2010; 4-1-2020 by Res. No. 2020-01, effective 4-1-2020]
All legislative powers of the Town shall be vested in a body designated as "The Commissioners of St. Michaels," consisting of five Commissioners who shall be elected as hereinafter provided and who shall hold office for a term of four years or until their succeeding Commissioners take office, except when a Commissioner is filling a vacancy. A Commissioner appointed or elected to fill a vacancy, as provided in § C-35 of this Charter, may hold office for a term of two years or less, unless an election is postponed pursuant to § C-31B of this Charter, in which case such Commissioner shall hold office until his or her successor takes office. The regular term of Commissioners shall expire on the second Wednesday in the month of June following the election of their successors, unless an election is postponed pursuant to § C-31B of this Charter, in which case the term of Commissioners shall expire on the second Wednesday in the month following the month in which their successors are elected. Commissioners holding office at the time this Charter becomes effective shall continue to hold office for the term for which they were elected until the succeeding Commissioners take office under the provisions of this Charter. The legislative body of the Town, consisting of five Commissioners, shall sometimes hereafter be referred to as "the Commissioners," or "the Commission."
[Amended 5-13-1986, effective 6-22-1986]
Each Commissioner shall have resided in the Town for at least two consecutive years immediately preceding his or her election, shall be a qualified voter of the Town and must reside in the Town during his or her term as Commissioner.
Each Commissioner shall receive an annual salary which shall be equal for all Commissioners and shall be as specified from time to time by an ordinance passed by the Commissioners in the regular course of its business; provided, however, that the salary specified at the time any Commissioner takes office shall not be changed during the period for which that Commission was elected. The ordinance making any change in the salary paid to the several Commissioners, either by way of increase or decrease, shall be finally ordained prior to the municipal election for the members of the next succeeding Commission or a Commission subsequent thereto, and shall take effect only as to the members of the next succeeding Commission, or a Commission subsequent thereto.
[1]
Editor's Note: See Ch. 54, Salaries and Compensation, Art. I, Commissioners.
[Amended 8-26-2009 by Res. No. 2009-17, effective 10-6-2009; 4-1-2020 by Res. No. 2020-01, effective 4-1-2020]
The newly elected Commission shall meet at 5:00 p.m. on the second Wednesday in the month of June following its election, unless an election is postponed pursuant to § C-31B of this Charter, in which case the newly elected Commission shall meet at 5:00 p.m. on the second Wednesday in the month following the month in which the Commission is elected, for the purpose of organization, after which the Commission shall regularly meet 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 Clerk upon the request of a majority of the members of the Commission. All meetings of the Commission shall be open to the public, except in appropriate circumstances when meetings may be closed in accordance with Subtitle 5 of Title 10 of the State Government 3 Article, Open Meetings Act, of the Annotated Code of Maryland as amended from time to time. The rules of the Commission shall provide that residents of the Town shall have a reasonable opportunity to be heard at any meeting open to the public in regard to any municipal question.
[Amended 8-23-2006 by Res. No. 2006-20, effective 10-12-2006; 12-16-2009 by Res. No. 2009-21, effective 1-25-2010; 4-1-2020 by Res. No. 2020-01, effective 4-1-2020]
The newly elected Commissioners shall take office on the second Wednesday in the month of June following a regular election; provided, however, if an election is postponed pursuant to § C-31B of this Charter, the newly elected Commissioners shall take office on the second Wednesday in the month following the month of their election. At the first regular meeting in June of each year, or following an election that has been postponed pursuant to § C-31B of this Charter, the five Commissioners shall have an election of officers. The five Commissioners shall choose one of their number for the positions of President, Vice President and Treasurer; the newly elected officers shall serve a term of one year or until successors have been duly elected and take office.
A. 
President. The President shall chair meetings of the Commissioners, shall possess all executive powers, shall be authorized to sign and bind the Town on all contracts which have been approved or accepted by the Commissioners, shall be an authorized check signer, shall be ceremonial head of the Town government at all public functions, and shall have such other powers and perform such other duties as may be provided by the Charter or as may be required of him or her by the Commissioners, not inconsistent with this Charter.
B. 
Vice President. The Vice President shall chair meetings of the Commissioners at which the President is not in attendance and shall assume the duties of the President in the event that he or she is absent or incapacitated. The Vice President shall be an authorized check signer.
[Amended 5-13-1986, effective 6-22-1986]
C. 
Treasurer. The Treasurer shall supervise and be responsible for the disbursement of all moneys and have control over all receipts. The Treasurer shall be an authorized check signer.
[Amended 5-13-1986, effective 6-22-1986]
[Amended 8-23-2006 by Res. No. 2006-20, effective 10-12-2006]
Three of the members of the Commission shall constitute a quorum for the opening and closing of meetings and the transaction of business. At such meetings, a majority of the Commissioners present shall decide the outcome of any matter voted upon except for the passage of an ordinance or amendment to the Charter. No ordinance or amendment to the Charter shall be approved without the favorable votes of a majority of the whole number of members of the Commission.
The Commission shall determine its own rules and order of business. It shall keep a journal of its proceedings and enter therein the yeas and nays upon final action on any resolution or ordinance, or at any other time if required by any one member. The journal shall be open to public inspection.
No ordinance shall be passed at the meeting at which it is introduced. At any regular or special meeting of the Commission held not less than six nor more than 70 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 specified future date. In cases of emergency the provision that an ordinance may not be passed at the meeting at which it is introduced may be suspended by the affirmative votes of four members of the Commission. Every ordinance, unless it be passed as an emergency ordinance, shall become effective at the expiration of 20 calendar days from the date of its passage. An emergency ordinance shall become effective on the date specified in the ordinance, regardless of whether it has been published prior to its effective date. No ordinance shall become effective until approved by the Commission. A summary of each ordinance, the date of its passage, its effective date, and the fact that the entire text of the ordinance may be read on the bulletin board at the Town office for 20 days following its passage shall be published at least once each week for two successive weeks within 20 days following the passage of each ordinance in a newspaper having general circulation in the municipality. The exact text of each ordinance shall be posted on the bulletin board in the Town office for 20 successive days following its passage.
If, before the expiration of 20 calendar days a petition is filed with the Town Clerk containing the signatures of not less than 20% of the qualified voters of the Town and requesting that the ordinance, or any part thereof, be submitted to a vote of the qualified voters of the Town for their approval or disapproval, the Commission shall have the ordinance, or the part thereof requested for referendum, submitted to a vote of the qualified voters of the Town at the next regular Town election or, in the Commission's discretion, at a special election occurring before the next regular election. 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 qualified voters voting on the question. An emergency ordinance, or any 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 qualified voters within 60 days following receipt of the petition, the operation of the ordinance, or the part thereof requested for referendum, shall be suspended until approved by a majority of the qualified voters voting on the question at any election. Any ordinance, or part thereof, disapproved by the voters, shall stand repealed. The provisions of this section shall not apply to any ordinance, or part thereof, passed under the authority of § C-60, 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 Article IX, §§ C-86 and C-87. The provisions of this section shall be self-executing, but the Commission may adopt ordinances in furtherance of these provisions and not in conflict with them.