[HISTORY: Adopted and amended as indicated
in text.]
[P.L.L., 1860, Art. 6, sec. 46; 1888, sec.
51; 1930, sec. 97; 1892, ch. 249, sec. 51; 4-21-2009 by Bill No.
2009-1]
A.
There shall
be three County Commissioners for Caroline County.
B.
Beginning
with terms of office commencing or resulting from the general election
of 2010 and thereafter, each County Commissioner immediately prior
to election or appointment shall have been a resident of the County
for at least one year; be a registered and qualified voter of the
County; and be at least 21 years of age.
[Added 4-21-2009 by Bill No. 2009-1[1]]
A.
County
Commissioners shall be elected by County-wide vote. A County Commissioner
shall serve a term of office of four years or until a successor is
elected and qualified.
B.
At
the first meeting after their inauguration, and annually thereafter,
the Commissioners shall select from their number a Commissioner to
serve as President and a Commissioner to serve as Vice President.
The President shall be responsible for conducting the meetings of
the Commissioners, coordinating the meeting agenda, and the routine
management of the affairs of the County Commissioners. In all matters
before the County Commissioners, the President, when in attendance
at or participating in any meeting, shall have the right to vote.
The Vice President shall serve as President in the absence of the
President.
C.
Provided
that at least a quorum of County Commissioners is physically present
at a meeting that is otherwise lawfully convened and assembled, any
County Commissioner who is unable to physically attend the meeting
shall be allowed to participate, including voting, using electronic
communication technology or other facilities that allows for remote
participation, provided, however, that such remote participation shall
be noted in the minutes of the meeting together with the remote participant’s
stated reason for physical absence from the meeting.
[1]
Editor's Note: This bill also repealed former § 18-2,
General requirements for the conduct of County business, added 3-12-1985
by Bill No. 85-3, as amended.
[Added 4-21-2009 by Bill No. 2009-1[1]]
A.
The County Commissioners may convene in legislative session on the
second and third Tuesdays of each month and on any additional days
the County Commissioners determine. In no event may the County Commissioners
convene on more than 45 days, or more than such other time or sessions
as state law may require or allow.
B.
All legislative sessions shall be open to the public, advertised
in advance, and comply with all requirements for open meetings provided
by law. To the extent applicable law may allow a closed session to
be held, the County Commissioners may meet in closed session.
C.
Two County Commissioners constitute a quorum for the transaction
of legislative business.
D.
Except for emergency bills, all bills, or a fair summary thereof,
shall be published at least once in a newspaper of general circulation
in the County prior to a bill's public hearing. The publication
of a bill, or a fair summary thereof, shall include a notice of the
time, place and date of the public hearing and such other information
as the County Commissioners deem appropriate.
E.
After a public hearing, the County Commissioners may enact a bill
into law, with or without amendment, by an affirmative vote of at
least two members. In the event a bill is amended, it need not be
readverstised.
F.
A bill not enacted within 65 days from its introduction or amendment
is void.
[Added 4-21-2009 by Bill No. 2009-1[1]]
A.
Two County Commissioners shall constitute a quorum to exercise executive
and administrative powers and functions. Unless otherwise provided
by law, the agreement of two County Commissioners is required to resolve
any nonlegislative matter before the County Commissioners.
B.
Where required by law, the date, time, and location of executive
and administrative sessions shall be advertised in advance.
[P.L.L., 1930, Art. 6, sec. 98; 1892, ch.
249, sec. 51A; 1920, ch. 63; 1945, ch. 1021; 1965, ch. 334; 1970,
ch. 92; 1974, ch. 270; 1978, ch. 408, sec. 12; 1981, ch. 51; 1982,
ch. 236; 10-13-1998 by Bill No. 98-1; 2-8-2005 by Bill No. 2005-3; 4-21-2009 by Bill No. 2009-1]
The annual salary of the President of the County Commissioners is $16,000. The annual salary of the other members is $15,000. Each County Commissioner shall receive reimbursement for expenses incurred in the performance of official duties as provided by state standard travel regulations. Each County Commissioner shall be entitled to receive or participate in insurance, pension, and other fringe benefits generally made available to County employees in the classified service, on the same terms and conditions applicable thereto, and as heretofore have been provided to County Commissioners; provided, however, that County Commissioners shall not be entitled to personal leave, sick leave, vacation leave, or provisions regarding work hours. The inclusion in this § 18-5 of salary and benefit provisions is intended to reflect the current practice of the County in place prior to the general election of 2006 and does not reflect an increase in salary or benefits to County Commissioners.
A.
The County Commissioners of Caroline County, after
their qualification and organization, shall appoint a Clerk to the
County Commissioners of said County, who shall take office forthwith
and who shall hold his office at the pleasure of the County Commissioners,
and said Clerk to the County Commissioners shall receive such compensation
as may be determined by the County Commissioners from time to time.
[P.L.L., 1930, Art. 6, sec. 101; 1904, ch.
669, sec. 50A; 1912, ch. 34; 1922, ch. 533; 1943, ch. 362; 1965, ch.
20, sec. 101]
B.
It shall be the duty of said Clerk, as soon as the
annual levy is made, to give public notice thereof by advertisement
inserted in two newspapers printed and published in said county. The
taxes so levied shall be entered in books as the same has been done
heretofore, and said books shall be delivered to the County Comptroller,
and taxes shall be due and payable on the first day of July in the
year in which they are levied. It shall be the further duty of the
Clerk to strike from the list of taxables the names of all insolvents
returned to him by the Comptroller of said County and allowed by the
County Commissioners as such.
[P.L.L., 1930, Art. 6, 102; 1898, ch. 216,
sec. 50B; 1904, ch. 669, sec. 50B; 1963, ch. 825, sec. 9; 5-8-2007 by Bill No. 2007-1; 10-9-2007 by Bill No. 2007-5]
C.
The clerk may be known by any title or description designated by
the County Commissioners, including "Executive Assistant," and any
action taken under such nomenclature shall be deemed for all purposes
to be the action of the Clerk to the County Commissioners.
[Added 4-21-2009 by Bill No. 2009-1]
[1966, ch. 748; 1974, ch. 770, sec. 14A(a)]
A.
Appointment, tenure, compensation and surety bond.
The office of County Administrator of Caroline County is created.
The board of County Commissioners of Caroline County shall appoint
the Administrator from time to time. He shall be selected on the basis
of his executive, administrative and fiscal abilities, including his
knowledge and experience in public administration, public finance,
accounting and public affairs. The Administrator shall receive an
annual salary of not less than $10,000. He shall execute a surety
bond in favor of the board of County Commissioners in such amount
and with such corporate surety as prescribed by the board, with the
condition that he shall execute his duties well and faithfully as
required by law, and the premium for the bond shall be paid from county
funds. He shall hold his office at the pleasure of the board. In any
event, the Administrator shall not hold his office longer than the
last day of the month in which he attains the age of 70 years.
B.
Responsibilities generally; employment of other personnel.
The Administrator shall devote his full time to the work of the county,
and he shall be responsible to the County Commissioners for the proper
administration of his affairs. He may employ, with the approval of
the County Commissioners, such assistants as he may deem necessary
for the proper performance of his duties. He shall at all times be
held responsible for the proper discharge of his duties, but may delegate
to appropriate officers and employees such authority as he deems necessary
to carry out the duties of his office.
C.
Powers and duties. The County Administrator shall
have the following powers and duties:
(1)
To be the chief administrative officer of the County
and, under the general supervision and control of the board of County
Commissioners, to be responsible for and handle the day-to-day operations
of the County government, all as more particularly described in this
section.
(2)
To supervise and coordinate the administration of
the functions of the several departments and administrative agencies
of the County and to carry on the general policies, orders and instructions
of the board of County Commissioners in the administration of the
public local and other laws applying to the County.
(3)
To recommend to the board of County Commissioners
persons for appointment to the several offices and positions in the
County government, subject to the provisions of the merit system,
if any.
(4)
To prescribe the form and to supervise and direct
the preparation of all County budgets and to prepare material or messages
explanatory of the annual budget.
(5)
To examine the books, papers and records of each department
and agency of the County government regularly and to report to the
board of County Commissioners the condition in which he finds them.
The County Commissioners shall make provision for an annual audit
of the books and accounts of the County by the appointment of an independent
auditor.
(6)
To prepare and make public a comprehensive annual
report to the board of County Commissioners of the operations of the
County government.
(7)
To provide adequate property and liability insurance
for the County and to help in arranging for surety bonds for the County
officers and employees who are required to furnish bonds.
(8)
To act as liaison officer in meetings of the several
boards and agencies of the County government.
(9)
To be responsible for the care and custody of all
County buildings and of all real and personal property of the County.
(10)
To supervise the financial administration of each
office, department, board, commission, institution or other agency
of the County government, to study and investigate the organization
and management and the bookkeeping and accounting procedures of these
agencies and to direct these agencies to adopt and follow such method
of conducting their offices or of keeping books and accounts or to
make such reports in such form as the Administrator deems advisable
and prescribes.
(11)
To establish and maintain current accounts of all
appropriations, revenues and disbursements made by the County Commissioners
so as to show in detail the appropriations made to each account, the
sources thereof, the amounts drawn thereon, the purpose for which
such amounts were expended and the unencumbered balance thereof and
to submit at each meeting of the County Commissioners a summary showing
the amounts received, expended and on hand in each account as of that
date.
(12)
To keep the board of County Commissioners advised
on the financial condition of the County and to make such recommendations
as seem to him advisable; to remain continually available to advise
the County Commissioners on all financial matters, including but not
limited to the investment of County moneys and the purchase and issue
of bonds; and to submit at least monthly to the County Commissioners
a complete financial statement showing the assets, liabilities and
financial condition of the County.
(13)
To control and supervise all County expenditures on
the basis of authorized budget allotments and to report monthly thereon
to the several offices, departments, boards, commissions and other
agencies of the County government.
(14)
To examine, audit and approve all bills, demands or
charges against the County and to determine their regularity, legality
and correctness.
(15)
To supervise and manage the purchase of materials,
goods and services for the County, following accepted and proper purchasing
procedures.
(16)
To perform such other duties and functions as may
be assigned to him from time to time by the Board of County Commissioners.
D.
Acting County Administrator. In the temporary absence
of the County Administrator, the board of County Commissioners may
appoint an Acting County Administrator. During the period of holding
this position, the Acting County Administrator has all the powers,
duties, functions and responsibilities of the office of the County
Administrator.[1]
[1]
Editor's Note: Original Section 16 regarding
appointment and compensation of court crier (P.L.L., 1860, Art. 6,
sec. 47; 1888, sec. 52; 1930, sec. 103), which immediately followed
this section, was deleted during codification. Original Section 17,
Road payments to towns (P.L.L., 1888, Art. 6, sec. 54; 1930, sec.
105; 1886, ch. 219; 1965, ch. 20, sec. 105), which also followed this
section, was repealed 12-10-1985 by Bill No. 85-4.
Former § 18-7, Municipal aid, added 12-10-1985 by
Bill No. 85-4, as amended, which immediately followed was repealed
4-21-2009 by Bill No. 2009-1.
[P.L.L., 1888, Art. 6, sec. 58; 1930, sec.
106; 1882, ch. 214; 1916, ch. 457; 1931, ch. 321, sec. 106]
The Board of County Commissioners of Caroline
County shall annually, on or before the first day of July in each
and every year, beginning with the first day of July 1931, levy upon
the taxable property of Caroline County the state and County taxes,
to be due and collectible in the manner and at the time or times as
is now provided by law, the state taxes for the purpose of paying
the taxes due the State of Maryland and the County taxes for the purpose
of paying and defraying the expenses, charges, obligations and expenditures,
to be created as hereinafter set forth, incident to and necessary
for the conduct of the affairs of the County and the operation and
maintenance of its government.
[1]
Editor's Note: Former §§ 18-9, Fiscal year established, 18-10, Board of Estimates established; preparation and filing of resource schedule and estimate list, 18-11, Estimates for appropriations required; time limit; public hearings; standards and limitations, adopted 1931, ch. 321, secs. 106A, 106B and 106C, respectively, as amended, 18-12, Submission of budget; budget message; budget; public hearing; amendment; adoption, administration, added 2-18-1997 by Bill No. 96-2, 18-13, Disposition of revenues, adopted 1931, ch. 321, sec. 106E, as amended, and 18-14, Capital program submission; contents; notice and hearing; adoption, added 2-18-1997 by Bill No. 96-2, were repealed 10-15-2013 by Bill No. 2013-2. For current provisions pertaining to budget, see Ch. 50, Budget.
[1931, ch. 321, sec. 106G; 1959, ch. 307;
1977, ch. 139; 2-18-1997 by Bill No. 96-2]
A.
The County Commissioners of Caroline County may create
loan obligations and other forms of indebtedness against the full
faith and credit of the County only under the authority granted to
code home rule counties under state law, or as otherwise allowed by
state law. In case of any deficiency in revenue and taxation to meet
the amount provided in the estimates, there shall be a pro rata abatement
of all appropriations, except for the payment of the state taxes,
the principal and interest of the County debt and salaries and obligations
fixed by law. In case of any surplus arising in any fiscal year by
reason of excess income received from the estimated revenue over the
expenditures for such year or by reason of unexpended appropriations
for such year, the surplus shall be a part of the revenue for subsequent
fiscal years.
B.
All the provisions of this chapter are subject to
the proviso that in order to meet any unexpected emergency or contingency,
the County Commissioners of Caroline County are authorized to temporarily
borrow on promissory notes during any fiscal year a sum or sums of
money not to exceed 5% of the estimated revenues for the current fiscal
year. The amount of the loan shall mature and be paid within six months
from the date of the loan or by the end of the current fiscal year,
whichever is later. The County Commissioners may not extend the time
for repayment beyond the stated time limit by refinancing or any other
method.
[1933 Sp. Sess., ch. 95; 1980, ch. 452, sec.
26; 2-18-1997 by Bill No. 96-2]
A.
In addition to the powers already possessed by the
County Commissioners of Caroline County and not in limitation thereof,
whenever they shall deem it necessary to meet the current expenses
of the County, the County Commissioners are hereby authorized and
empowered to borrow money from time to time in an amount not to exceed
60% of all revenues uncollected at the time of borrowing and to issue
notes therefor bearing interest, the notes to be designated as "tax
anticipation notes," with the tax levy year also designated thereon,
to be signed by the President of the County Commissioners of Caroline
County and to be countersigned by the County Comptroller.
[Amended 5-8-2007 by Bill No. 2007-1; 10-9-2007 by Bill No. 2007-5]
B.
The notes shall be in any denomination and shall mature
at any period as may be determined by the County Commissioners and,
except as herein otherwise provided, shall be in any form as may be
determined by the County Commissioners; provided, however, that the
notes shall be paid for out of uncollected taxes when collected and
that any and all tax anticipation notes issued under the authority
of this section or any renewal thereof shall be paid or definite provision
for payment made within 24 months from the date of the levy, out of
which the notes are to be redeemed. Otherwise, the County Commissioners
of Caroline County are directed to include a sufficient amount to
redeem any and all tax anticipation notes or renewals thereof that
have been outstanding 24 months or over in the next levy following
the twenty-four-month period, term or maturity.[1]
[1]
Editor's Note: Former §§ 18-17, Public records,
added 2-18-1997 by Bill No. 96-2, 18-18, Standards for determination
of estimates; limitations of authority, and 18-19, Violations and
penalties, adopted 1931, ch. 321, secs. 106I and 106J, respectively,
and 18-20, Issuance of renewal or duplicate bonds, adopted P.L.L.,
1888, Art. 6, sec. 59, as amended, all of which immediately followed
this section, were repealed 10-15-2013 by Bill No. 2013-2. Original
Section 31, Bids and contracts (1957, ch. 215), was repealed by ch.
59 of 1982 and original Section 32, Governmental Study Commission
(1965, ch. 193; 1980, ch. 453, sec. 32; 1981, ch. 803) was deleted
as said Commission is no longer active, having completed its examination
of the structure and form of County government and submitted its findings
and recommendations in May 1981.
