[HISTORY: Adopted by the Harford County
Council as indicated in article histories. Amendments noted where
applicable.]
The Legislative Branch of the County government
shall consist of the County Council, hereinafter referred to as the
"Council," and the officers and employees thereof. The Council shall
be composed of seven members.
[1]
Editor's Note: See also Sec. 201 of the Harford
County Charter.
All legislative powers which may be exercised by Harford County
under the Constitution and laws of Maryland, including all lawmaking
powers heretofore exercised by the General Assembly but transferred
to the People of the County by virtue of the adoption of the Charter,
shall be vested in the Council.
[1]
Editor's Note: See also Sec. 202 of the Harford County
Charter.
In all of its functions and deliberations, the Council shall
act as a body.
[1]
Editor's Note: See also Sec. 203 of the Harford County
Charter.
Six Council members, at the time of their election, shall each
reside in a different one of six Council districts of the County.
The seventh member of the Council shall be the President of the Council
and may reside anywhere in the County. Each member of the Council
required to reside in a Council district shall be nominated and elected
by the qualified voters of the Council district in which the member
resides; the President shall be nominated and elected by the qualified
voters of the entire County. All Council members shall be nominated
and elected at the same time as state officers and in the manner provided
by law.
[1]
Editor's Note: See also Sec. 204 of the Harford County
Charter.
A.
Harford County is hereby divided into six Council districts for the purposes of Article II of the Charter.
B.
The
Council districts are composed of the election precincts as contained
established by the Board of Supervisors of Elections, as the precincts
exist on November 2, 2021, as follows:
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District A
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1-01 Edgewood
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1-02* Joppa-Magnolia - the portion south of I-95
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1-03 Edgewood
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1-04 Joppatowne
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1-05 Edgewood
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1-06 Edgewood
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1-07* Winters Run - the portion south of I-95
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1-10 Abingdon
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1-19 Willoughby
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1-23 Joppatowne
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1-24 Magnolia
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1-41 Magnolia
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1-45 Joppatowne
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District B
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1-02* Joppa-Magnolia - the portion north of I-95
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1-07* Winters Run - the portion north of I-95
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1-08 Emmorton
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1-09 Singer
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1-11* Box Hill - the portion of 1-11 north of the following
roads: Boxridge Drive, Huxley Circle, Laurentum Parkway (two sections),
Boxthorn Road, and Falkland Drive.
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1-12* Abingdon - the portion of 1-12 west of Laurel Bush Road.
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1-13* Abingdon - the portion west of the Haha Branch Stream
drainage from Box Hill South Parkway to I-95.
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1-15 Constant Friendship
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1-21* Magness - the portion of 1-21 west of Preston Lane and
north of Valiant Drive.
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1-26* Abingdon - the portion of 1-26 north of Md 924.
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3-03 Fallston
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3-06 Fallston/Gunpowder
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3-07 Wilna
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3-13* Bel Air - the portion of 3-13 west of the Bel Air Bypass
or south of North Tollgate Road.
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4-02 Upper Crossroads
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4-05* Upper Crossroads - the portion of 4-05 south of the following:
beginning at the intersection of Fallston Road and Charles Street,
Charles Street, West Branch Stream, the western boundary of Census
Block 3005, the southern boundary of Census Block 3000, ending at
the point where Census Block 3000 intersects with Baldwin Mill Road.
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District C
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1-14 Bel Air South
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3-05* Forest Hill - the portion of 3-05 south of East-West Highway.
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3-08 Rock Spring
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3-09 Forest Lake
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3-10 Town of Bel Air
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3-11 Town of Bel Air
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3-12 Town of Bel Air
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3-13* Bel Air - the portion of 3-13 east of the Bel Air Bypass
and north of North Tollgate Road.
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3-14 Bel Air
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3-15 Bel Air
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3-16 Bel Air
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3-17 Bel Air
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3-19* Bel Air - the portion of 3-19 southeast of Hickory Bypass.
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3-24* Frogtown - the portion of 3-24 southeast of Bynum Road
portions of 3-24 that are southeast of Bynum Road, south/southeast
of Robin Circle and south of Granary Road.
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3-25 Bel Air
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3-27 Bel Air
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District D
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2-02* Hopewell - the portions of District 2-02 that are north
of Churchville Road, west of Aldino Stepney Road, and north of Gilbert
Road with the exclusion of Census Blocks 2020 and 2025.
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2-20 Aberdeen
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2-21 Hopewell
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3-04 Harkins
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3-05 Forest Hill - the portion of 3-05 north of East-West Highway.
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3-19* Bel Air- the portion of 3-19 northwest of Hickory Bypass.
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3-24* Frogtown - the portion of 3-24 northwest of Bynum Road,
portions of 3-24 that are northwest of Bynum Road, north/northeast
of Robin Circle and north of Granary Road.
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3-26 Bel Air
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4-01 Jarrettsville
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4-03 Norrisville
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4-04 Jarrettsville
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4-05* Upper Crossroads - the portion of 4-05 north of the following:
beginning at the intersection of Fallston Road and Charles Street,
Charles Street, West Branch Stream, the western boundary of Census
Block 3005, the southern boundary of Census Block 3000, ending at
the point where Census Block 3000 intersects with Baldwin Mill Road.
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4-06 Jarrettsville
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4-07 Jarrettsville
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4-08 Norrisville
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5-01 Dublin
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5-02 Stearns
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5-03 Whiteford
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5-04 Darlington
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6-04 Havre de Grace
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6-07* Oakington - the portion of 6-07 north of Chapel Road.
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District E
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2-01 Aberdeen
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2-02* Hopewell - the portions of District 2-02 that are south
of Churchville Road, east of Aldino Stepney Road, and south of Gilbert
Road with the inclusion of Census Blocks 2020 and 2025.
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2-04 Aberdeen
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2-05 Swan Creek
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2-06 City of Aberdeen
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2-07 Hopewell
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2-10 City of Aberdeen
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2-11 City of Aberdeen
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2-14* City of Aberdeen - the portion of 2-14 with exception
of Census Block 2025.
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2-15 City of Aberdeen
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2-22 Aberdeen
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3-02 Churchville
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3-18 Bel Air
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3-20 Prospect Mill
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3-21 Fountain Green
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3-22 Thomas Run
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3-23 Greenbrier
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6-03* Havre de Grace - all portions of 6-03 west of Swan Creek.
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6-05 City of Aberdeen
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6-07* Oakington - the portion of 6-07 south of Chapel Road excluding
Census Block 1000.
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District F
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1-11* Box Hill - the portion of 1-11 south of the following
roads: Boxridge Drive, Huxley Circle,
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Laurentum Parkway (two sections), Boxthorn Road, and Falkland
Drive.
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1-12* Abingdon - the portion of 1-12 east of Laurel Bush Road.
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1-13* Abingdon - the portion east of the Haha Branch Stream
drainage from Box Hill South Parkway to I-95.
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1-16 Riverside
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1-17 Creswell
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1-18 Bush
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1-20 Belcamp
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1-21* Magness - the portion of 1-21 east of Preston Lane and
south of Valiant Drive.
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1-22 Abingdon
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1-25 Abingdon
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1-26* Abingdon - the portion of 1-26 south of Md 924.
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1-27 Creswell
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2-03 Perryman
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2-14* City of Aberdeen - the portion of 2-14 comprised of Census
Block 2025.
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2-19 Aberdeen Proving Grounds
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6-01 Havre de Grace
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6-02 Meadowvale
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6-03* Havre de Grace - all portions of 6-03 east of Swan Creek.
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6-06 City of Havre de Grace
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6-07* Oakington - the portion of 6-07 comprised of Census Block
1000.
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C.
The
boundary lines of the Council districts are as shown on the following
map:[1]
[1]
Editor's Note: The map showing the boundary lines of the Council districts is included as an attachment to this chapter.
A.
The
boundaries of Council districts shall be established in 1974 and reestablished
in 1982 and every 10th year thereafter. Whenever district boundaries
are to be established or reestablished, the Council shall appoint,
not later than February 15 of the year prior to the year in which
redistricting is to be effective, a Commission on Redistricting, composed
of two members from each political party chosen from a list of five
names submitted by the Central Committee of each political party which
polled at least fifteen percent of the total vote cast for all candidates
for the Council in the immediately preceding regular election or which
had at least fifteen percent of the registered voters in the County
on the date of that election. The Council shall appoint one additional
member of the Commission, who shall not be a member of any of the
political parties entitled to two members of the Commission and shall
be a registered voter in Harford County. The Commission shall, at
its first meeting, select one of its members to serve as Chair. No
person shall be eligible for appointment to the Commission if that
person holds any elected office.
B.
By
October 1 of the year prior to the year in which redistricting is
to be effective, the Commission shall prepare, publish and make available
a plan of Council districts and shall present that plan, together
with a report explaining it, to the Council. The plan shall provide
for Council districts that are compact, contiguous and substantially
equal in population. No less than fifteen calendar days and no more
than thirty calendar days after receiving the plan of the Commission,
the Council shall hold a public hearing on the plan. If within seventy
calendar days following presentation of the Commission's plan
no other law establishing or reestablishing the boundaries of the
Council districts has been enacted, then the plan, as submitted, shall
become law.
[1]
Editor's Note: See also Sec. 205 of the Harford County
Charter.
A Council member shall serve for a term beginning at noon on
the first Monday in December next following election and ending at
noon on the first Monday in December in the fourth year thereafter.
[1]
Editor's Note: See also Sec. 207 of the Harford County
Charter.
A Council member shall have been a resident and a qualified
voter of the County for at least two years immediately preceding election
or appointment. At the time of election or appointment, the candidate
shall be a resident of the Council district from which elected or
appointed. During the term of office, the Council member shall not
hold any other office of profit or employment in the government of
the State of Maryland, Harford County, or any municipality within
Harford County, except a position held by virtue of being a Council
member. The Council member shall not, during the whole term for which
elected or appointed, be eligible for appointment to any County office
or position carrying compensation, except to the office of Council
member or County Executive in the event of a vacancy.
[1]
Editor's Note: See also Sec. 207 of the Harford County
Charter.
A.
The
President of the County Council is entitled to receive, while in office,
an annual salary as of July 1, 2019 of $47,000:
B.
Each
other member of the Council is entitled to receive, while in office,
an annual salary as of July 1, 2019 of $43,500:
[1]
Editor's Note: See also Sec. 208 of the Harford County
Charter.
A.
A vacancy in the Council shall exist upon the death or resignation of a Council member, or upon forfeiture of office by a Council member. When a vacancy occurs, a majority of the remaining members of the Council shall, within sixty calendar days thereafter, appoint a person to fill the vacancy. If an appointee is to succeed a member of a political party, that individual shall be selected from a list of at least three names submitted to the Council by the Central Committee of the party to which the former Council member belonged. If the Council has not acted within sixty calendar days, the County Executive shall appoint a person to fill the vacancy within ten calendar days thereafter. If the Council member who held the vacant position was a member of a political party at the time of election, the person appointed by the County Executive to fill the vacancy shall be selected from the same list that the Central Committee of that party previously submitted to the Council. Except as provided in Subsection B of this section, an appointee shall serve for the unexpired term of the appointee's predecessor. Any person appointed to fill a vacancy shall meet the same qualifications and residence requirements as the previous Council member.
B.
If a vacancy filled by an appointment under Subsection A of this section occurred more than 90 calendar days before the next congressional primary election following election of the original Council member, the appointed Council member shall serve until a successor Council member, elected at the next congressional election following the vacancy, takes office. The successor Council member shall take office at noon on the first Monday in December next following election, and shall serve the remainder of the original Council member's term.
[1]
Editor’s Note: See also Sec. 209 of the Harford County
Charter.
A.
Forfeiture of office by Council Member. A Council member shall immediately
forfeit office upon ceasing to be a qualified voter of the County
or when convicted of a felony or a crime involving moral turpitude.
A Council member required to reside in a particular Council district,
shall forfeit office upon ceasing to be a resident of that district,
provided that no member of the Council shall forfeit office by reason
of any change in the boundary lines of a Council district made during
a single term.
B.
Removal of a Council member from office. A Council member may be
removed from office by an affirmative vote of at least five members
of the Council after a public hearing and upon a finding that the
Council member has failed to perform the duties of office for a continuous
period of six months or is unable by reason of physical or mental
disability to perform the duties of office. The decision of the Council
may be appealed by the Council member within ten days to the Circuit
Court for Harford County by petition. Upon the filing of a petition,
the Court may stay the removal pending its decision. The Court shall
make independent determinations of fact, and its decision may be appealed
to the Supreme Court of Maryland.
[1]
Editor's Note: See also Sec. 210 of the Harford County
Charter.
The President of the Council shall be elected by the qualified
voters of the County in accordance with Section 204 of the Charter.
At its first meeting in December of each year, the Council shall elect
from among its members a Vice President. The President, or in the
President's absence the Vice President, shall preside at all
meetings. On all questions before the Council, the President and Vice
President shall have and may exercise the vote to which each is entitled
as a Council member.
[1]
Editor's Note: See also Sec. 211 of the Harford County
Charter.
There shall be a Council Administrator who shall keep minutes
of its meetings, maintain its journal, and perform such other duties
as the Council may direct. The Council Administrator shall serve at
the pleasure of the Council and shall receive such compensation as
the Council may determine.
[1]
Editor's Note: See also Sec. 212 of the Harford County
Charter.
A.
The Council shall appoint a County Auditor, who shall serve at the
pleasure of the Council and shall receive such compensation as the
Council may determine. The County Auditor shall be a certified public
accountant licensed under the law of this state.
B.
The County Auditor shall, not later than four months after the close
of each fiscal year, prepare and submit to the Council and to the
County Executive a complete financial audit for the preceding fiscal
year of all agencies that receive or disburse County funds. The audit
shall include a report, together with such explanatory comments as
the County Auditor may deem appropriate. The report and explanatory
comments shall be published in at least one newspaper widely circulated
in the County in accordance with the provisions of Charter Section
812, and copies of the complete audit shall be open for inspection
by the public. The Council may exempt on an annual basis those agencies
whose entire records, accounts and affairs are completely audited
each year by the state or federal government and may, for good cause,
grant an extension to submit the financial audit.
C.
All records and files pertaining to the receipt and expenditure of
County funds by all officers, agents and employees of the County and
all agencies thereof, and any office, department, or agency funded
in whole or in part by County funds and all offices, departments,
institutions, boards, commissions and other agencies thereof shall
at all times be open to the inspection of the County Auditor WHO shall
promptly call to the attention of the Council and the County Executive
any irregularity or improper procedure which may be discovered. The
County Auditor's duties may include operational and performance
auditing procedures of any office, department, or agency funded in
whole or in part by County funds, as assigned and directed by a majority
of the County Council by resolution.
D.
The Council shall have the power to implement the provisions of this
section and to assign additional functions, duties and personnel to
the County Auditor. All actions of the Council pursuant to this section
shall be exempt from the executive veto.
[1]
Editor's Note: See also Sec. 213 of the Harford County
Charter.
Either the Council or the County Executive may at any time order
the examination or audit of the accounts of any agency that receives
or disburses County funds. Upon the death, resignation, or removal
of any County officer, the County Auditor shall cause an audit and
investigation to be made of any accounts maintained by the officer
and by the agency. The County Auditor shall report the results of
this audit to the County Executive and the Council, and copies shall
be made available to the public no later than three months after the
ordering of the audit. If, as a result of any such audit, an officer
shall be found to be indebted to the County, the County Executive
shall proceed forthwith to collect the indebtedness. All actions of
the Council pursuant to this section shall be exempt from the executive
veto.
[1]
Editor's Note: See also Sec. 214 of the Harford County
Charter.
The Council may make, or cause to be made, 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.
[1]
Editor's Note: See also Sec. 215 of the Harford County
Charter.
The following rules shall govern investigations by the County
Council and appointed investigators:
A.
Service of subpoenas.
(1)
The investigating body or person shall endeavor to give at least
seven days' notice to a prospective witness. However, failure
to give seven days' notice shall not invalidate the subpoena
as long as its issuance is otherwise reasonable.
(2)
Any person who is served with a subpoena also shall be served with
a copy of the resolution or law establishing the investigation; a
copy of the guidelines or rules under which the investigation will
function; if not otherwise provided, a statement informing the individual
of the subject matter of the investigation or inquiry; and, if a personal
appearance is required, a notice that the individual may be accompanied
by counsel of choice.
B.
Conduct of hearings.
(1)
The formal hearings of the investigation shall be open to the public.
However, this provision shall not preclude the gathering of information,
material or other evidence by a Council member or the Council's
staff in preparation for or in extension of the open hearings.
(2)
Where the Council is sitting as an investigative body, the President,
if present and able to act, shall preside at all hearings of the investigation
and shall conduct the examination of witnesses or supervise examination
by other members of the investigation and members of the Council's
staff who have been authorized to examine witnesses. In the President's
absence or disability, the Vice President shall serve as the presiding
officer of the investigation. In the absence of the President and
Vice President, the Council shall select a presiding officer to act
in the absence or disability of both the President and Vice President.
Where the Council is not sitting as the investigative body, the person
appointed to conduct the investigation shall conduct the examination
of the witnesses.
C.
Witnesses' right to counsel: submission of proposed questions.
(1)
Every witness at the hearing may be accompanied by counsel of choice
who may provide the witness advice regarding the various rights to
which the witness is entitled. Limitations may be prescribed by the
Council or investigators to prevent obstruction of or interference
with the orderly conduct of the hearing.
(2)
Any witness at a hearing may submit personally or through counsel
to the investigative body or officer proposed questions to be asked
of the witness or any other witness relevant to the matters upon which
there have been questions or submission of evidence, and the Council
or investigators shall ask the questions they decide are relevant
and appropriate to the subject matter of the hearing.
D.
Testimony and other evidence.
(1)
Records will be kept of all proceedings in which testimony or other
evidence is received or adduced, which shall include:
(a)
Rulings of the investigative body or officer.
(b)
Questions of the investigative body or officer or staff.
(c)
The testimony or response of witnesses.
(d)
Sworn written statements which the Council or investigators
authorize a witness to submit and such other matters as the Council
or investigators may direct.
(2)
All testimony given at a hearing shall be under oath or affirmation
unless the requirement is dispensed with in a particular instance
by the investigators.
(3)
Any member of an investigative body may administer an oath or affirmation
to a witness.
(4)
The Council or investigators at a hearing may direct a witness to answer any relevant question or furnish any relevant book, paper or document. Disobedience shall constitute contempt, and the person shall be subject to the penalties stated in § 1-24.
(5)
A witness or counsel, with the consent of the Council or investigators,
may file with the Council or investigators for the record sworn written
statements relevant to the purpose, subject matter and scope of the
investigation or inquiry.
(6)
A witness, upon advance notice shall be furnished upon payment of
costs a certified transcript of the witness's personal testimony
provided to the Council or investigators.
(7)
Testimony and other evidence given or adduced at a hearing closed
to the public shall not be made public unless required by a law of
the County or State of Maryland or is authorized by a majority vote
of all of the members of the Council, which authorization shall also
specify the form and manner in which testimony or other evidence may
be released. Nothing herein shall be construed to prevent a witness
or other person supplying evidence from disclosing such testimony
or other evidence concerning which only that individual could claim
a privilege against disclosure.
E.
Acquisition of evidence or information by other means. Nothing contained
in this section shall be construed to limit or prohibit the acquisition
of evidence or information by an investigation by any other lawful
means.
F.
Sequestering of witnesses. During the course of an investigation,
witnesses who have been subpoenaed to testify may be sequestered by
the Council or appointed investigators.
Neither the Council nor any of its members shall attempt to
influence the head of any agency of the County government concerning
the appointment of any person to, or removal from, any office or employment
nor in any way take part in the appointment of, or removal of, any
officer or employee of the County except as specifically provided
in the Charter. Formal communications from the Council to the Executive
Branch shall be addressed to the County Executive, and, unless for
the purpose of inquiry or information, neither the Council nor any
member thereof shall deal directly with any officer, agent, or employee
in the Executive Branch.
[1]
Editor's Note: See also Sec. 216 of the Harford County
Charter.
A.
The first three Tuesdays of each month and each Tuesday of the month
of May, and such additional days as the Council may determine, except
November of an election year and County holidays, are designated as
legislative session days for the enactment of legislation. In no event
shall the Council sit for more than forty-five legislative session
days in any year.
B.
For the purpose of performing duties, other than enacting legislation,
which are properly exercisable by the Council under the provisions
of the Charter, the Council may sit in nonlegislative sessions at
such time as it may determine.
C.
No session of the Council shall be scheduled earlier than 6:00 p.m.
on any day unless authorized by an affirmative vote of at least five
members of the Council.
D.
Four members of the Council shall constitute a quorum for the transaction
of business.
E.
The Council shall provide for the keeping of a journal which shall
be open to public inspection at all reasonable times.
F.
All voting, except on procedural motions, shall be by roll call,
and the ayes and nays shall be recorded in the journal.
G.
No business shall be transacted, nor any appointments made nor nominations
confirmed, except in public session.
H.
The Council shall adopt and publish rules of procedure not inconsistent
with the provisions of the Charter.
[1]
Editor's Note: See also Sec. 217 of the Harford County
Charter.
A.
The Council shall enact no law except by bill. All bills shall be
styled: "Be it enacted by the County Council of Harford County, Maryland."
The subject of every law shall be described in its title, and the
title shall be used when giving public notice of hearings on proposed
legislation. Every law, except the budget law and supplementary appropriation
laws, shall embrace but one subject. 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 each bill shall bear the
name of the member of the Council introducing it and the date it was
introduced. On the introduction of any bill, a copy thereof and notice
of the time and place of the hearing on the bill shall be posted by
the Council within twenty-four hours on an official bulletin board
to be set up by the Council in a public place. Additional copies of
the bill shall be available to the public upon request. Bills introduced
to meet emergencies affecting public health, safety or welfare shall
be plainly designated as emergency bills and shall contain, after
the enacting clause, a declaration stating that an emergency exists
and describing the claimed emergency in clear and specific terms.
C.
Within twenty-four hours following the introduction of a bill, the
Council shall schedule a public hearing on the bill, which hearing
shall not be less than five days nor more than fourteen days after
publication of the hearing notice. Public notice of hearings on bills
shall be published in at least one newspaper widely circulated in
the County in accordance with the provisions of Section 812 of the
Charter. 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 enacted on a legislative
session day with or without amendment, except that if a bill is amended
before enactment, the bill shall not be enacted until it is reprinted
or reproduced as amended. No bill, other than an emergency bill, shall
be enacted except by the affirmative vote of at least four members
of the Council. No emergency bill shall be enacted except by an affirmative
vote of at least five members of the Council.
E.
The Council may reject any bill on its introduction without a public
hearing by an affirmative vote of at least five members of the Council.
Any bill not enacted within forty-five days after its introduction
shall be considered to have failed.
[1]
Editor's Note: See also Sec. 218 of the Harford County
Charter.
Any law shall take effect sixty calendar days following the
date it becomes law, unless by its terms it is to take effect at a
later date, or unless it is petitioned to referendum as provided in
Section 220 of the Charter. An emergency law or a law appropriating
funds for current expenses of the County shall take effect on the
date it becomes law.
[1]
Editor's Note: See also Sec. 219 of the Harford County
Charter.
A.
Any law which becomes law pursuant to the Charter may be petitioned
to referendum except:
B.
A law shall be submitted to a referendum of the voters upon petition,
in the form prescribed by law, of five percent of the qualified voters
of the County computed as of the date of the previous general election.
The petition shall be filed with the Harford County Board of Elections
within sixty calendar days from the date the bill becomes law.
C.
If a petition is filed, the law to be referred shall not take effect
until thirty calendar days after its approval by a majority of the
qualified voters of the County voting thereon at the next ensuing
regular election held for members of the House of Representatives
of the United States. An emergency law shall remain in force from
the date it becomes law, notwithstanding the filing of such petition,
but shall stand repealed thirty calendar days after having been rejected
by a majority of the qualified voters of the County voting thereon.
[1]
Editor's Note: See also Sec. 220 of the Harford County
Charter.
The Council shall cause all laws and all amendments to the Charter
to be published in at least one newspaper widely circulated in the
County in accordance with the provisions of Charter Section 812. The
first publication of a law shall take place within ten days of the
date that the legislative act became law. Copies of the laws and the
Charter amendments shall be available to the public upon request.
[1]
Editor's Note: See also Sec. 221 of the Harford County
Charter.
The Council shall periodically compile and codify all laws of
the County. Each codification shall be submitted to the Council and,
if adopted by law, shall be known as the "Harford County Code." The
Council shall annually prepare and publish a cumulative supplement
to the Harford County Code.
[1]
Editor's Note: See also Sec. 222 of the Harford County
Charter.
A.
Appointment by the County Executive of the Director of Administration,
the head of an agency and the deputy directors of an agency, in the
Executive Branch of the County government or of a member of a board
or commission shall be subject to confirmation by the Council. If
the Council fails to act to confirm or reject any appointment within
thirty days of its submission to the Council by the County Executive,
the appointment shall stand approved.
B.
In the case of appointment by the County Executive to the position
of Director of Administration, head of an agency or the deputy directors
of an agency in the Executive Branch of the County government, a vote
of at least five members of the Council shall be required to reject
such appointment.
C.
In the case of appointment by the County Executive to membership
on a board or commission, a vote of at least four members of the Council
shall be required to reject such appointment.
[1]
Editor's Note: See also Sec. 223 of the Harford County
Charter.
A.
With the approval of a majority of the Council, a People's Counsel,
and such assistants as may be necessary, shall be employed by the
Council Attorney to represent the interests of the public in all matters
and proceedings preliminary to, arising out of or affecting the zoning
classification or reclassification of land in the County. Persons
employed as People's Counsel shall serve as People's Counsel
until such time as they resign or have been removed pursuant to the
provisions stated herein. Except as provided for below, the People's
Counsel shall, at all times, be free to make an independent determination
as to the matters and proceedings in which to participate and the
conduct of the affairs of the position in the performance of the duties
and functions of the position.
B.
The People's Counsel shall have been a member in good standing
of the Maryland Bar for a period of at least five years prior to appointment.
People's Counsel may not practice law before any County agency
except to perform the duties and functions as People's Counsel.
C.
The People's Counsel may be removed for cause by the Council
on the recommendation of the County Executive, Council President or
by a majority vote of the entire membership of the People's Counsel
Citizens' Advisory Board, but only upon the affirmative vote
of not less than five members of the Council.
D.
People's Counsel shall have the following powers and duties:
(1)
People's Counsel shall have the authority to appear before any
governmental agency on behalf of the citizens of the County in all
matters and proceedings related to planning, zoning and other land
use and development matters and proceedings, and shall also have standing
as an aggrieved party.
(2)
People's Counsel shall have the authority to appear as a party
in interest before any state or federal court on behalf of the citizens
of the County in all matters and proceedings related to planning,
zoning and other land use and development matters and proceedings,
and shall have standing as an aggrieved party.
(3)
People's Counsel shall have standing to appear as an aggrieved
party before the Zoning Hearing Examiners, Board of Appeals and County
Council on behalf of the citizens of the County in any matter or proceeding
now pending or hereafter instituted, before and under the jurisdiction
of those officers or bodies, in which People's Counsel may deem
the public interest to be affected.
(4)
People's Counsel shall have the authority to conduct such investigations
as may be appropriate to enable and assist in the performance of the
duties and functions of the Office of People's Counsel.
(5)
People's Counsel shall have full access to the records of all
County agencies, be entitled to call upon the assistance of all County
agencies and shall be accorded the assistance and benefits of all
County agencies who receive or disburse County funds and their facilities
and employees in carrying out all the powers, duties and functions
of the Office of People's Counsel.
(6)
The People's Counsel may hire from time to time, as necessary
for specific proceedings, persons to testify as expert witnesses,
to the extent that employees of County agencies who receive or disburse
County funds cannot be utilized and may expend such sums for compensation
for these persons as are provided by appropriation ordinances.
(7)
Under no circumstances can the People's Counsel be considered
by private parties as representing or protecting the interests of
private parties insofar as those interests are different from the
general public's interests. However, this does not preclude the
People's Counsel from advancing arguments of private parties
or having private parties listed as parties to a case or proceeding
if it furthers the interests of the public in general. A determination
of a court or administrative agency to the contrary shall not be a
ground for denying standing of, or relief requested by, the People's
Counsel.
[1]
Editor's Note: See also Sec. 224 of the Harford County
Charter.
A.
Establishment; organization; terms; removal; vacancies; representation.
(1)
There is hereby established a People's Counsel Citizens'
Advisory Board consisting of seven members to be appointed by the
County Council.
(2)
A Chair shall be designated by the members of the Board.
(3)
The members of the Board shall serve terms coterminous with that
of the Council that appoints them.
(4)
A member of the Board may be removed only for cause by a majority
vote of the Council.
(5)
A vacancy on the Board shall be filled for the unexpired term in
the manner of the original appointment.
(6)
Members of the Board shall be broadly representative of all segments
of the County's population.
B.
The Board may hold such meetings as necessary to perform its functions
and shall meet as requested by the People's Counsel. The Board
shall adopt such rules and regulations as necessary in the manner
provided by Section 807 of the Charter.
C.
The Board may provide guidance to and make recommendations to the
People's Counsel regarding any matter referred to it by the People's
Counsel, County Council or as requested by any citizen or group of
citizens of the County. The Board need only record and file with the
Council Administrator those recommendations they make to the People's
Counsel.
D.
When requested, the Board may, by a majority vote of the entire membership,
direct the People's Counsel to enter an appearance in a particular
matter, case or proceeding to protect the interest of the public in
general.
[1]
Editor's Note: See also Sec. 224 of the Harford County
Charter.
[Adopted by Bill No. 76-106]
The Executive Branch of the county government
shall consist of the County Executive and all officers, agents and
employees under his supervision and authority.
[1]
Editor's Note: See also Sec. 301 of the Harford
County Charter.
All executive power vested in the county by
the Constitution and laws of the state and the Charter shall be vested
in the County Executive, who shall be the chief executive officer
of the county and who shall faithfully execute the laws. He shall
devote his full time to the duties of his office. The duties and responsibilities
of the County Executive shall include but not be limited to:
A.
Preparing and submitting to the Council the annual
county budget in the manner and form provided in Article V of the
Charter.
B.
Preparing and submitting to the Council and the public,
within four (4) months after the close of the fiscal year, an annual
report on the activities and accomplishments of the county government,
including a detailed financial statement.
C.
Providing the Council with any information concerning
the Executive Branch which the Council may require for the exercise
of its powers.
D.
Recommending to the Council such measures for legislative
action as he may deem to be in the best interests of the county.
E.
Ensuring that county funds in excess of those required
for immediate needs are invested in the best interests of the county.
F.
Signing or causing to be signed on the county's behalf
all deeds, contracts and other instruments.
G.
Seeing that the affairs of the Executive Branch are
properly and efficiently administered and that employees of the Executive
Branch faithfully perform their duties.
[1]
Editor's Note: See also Sec. 302 of the Harford
County Charter.
The County Executive shall be nominated and
elected by the qualified voters of the entire county at the same time
as state officers and in the manner provided by law.
[1]
Editor's Note: See also Sec. 303 of the Harford
County Charter.
The County Executive shall serve for a term
beginning at 12:00 noon on the first Monday in December next following
his election and ending at 12:00 noon on the first Monday in December
in the fourth year thereafter. No person shall be eligible to succeed
himself in the office of County Executive if he has served in such
office for two (2) consecutive four-year terms.
[1]
Editor's Note: See also Sec. 304 of the Harford
County Charter.
The County Executive shall have been a resident
and a qualified voter of the county for at least five (5) years immediately
preceding his election or appointment. At the time of his election
or appointment, he shall have attained the age of twenty-five (25)
years. 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 and
for two (2) years thereafter, be eligible for appointment to any county
office or position carrying compensation.
[1]
Editor's Note: See also Sec. 305 of the Harford
County Charter.
[Amended by Bill Nos. 99-34; 10-06; 14-27[2]]
The County Executive is entitled to receive,
while in office, an annual salary as of July 1, 2015, of $130,000.
[1]
Editor's Note: See also Sec. 306 of the Harford
County Charter.
[2]
Editor's Note: Section 2 of Bill No. 14-27
provides as follows: "And Be It Further Enacted, That beginning on
July 1, 2015 and for each fiscal year thereafter the compensation
received, while in office, by the County Executive shall be adjusted
annually to reflect the annual change of the "Consumer Price Index"
for "All Urban Consumers" for the expenditure category "All Items
Not Seasonally Adjusted", and for all regions in those years that
members of the County Classified Service receive an increase. The
Annual Consumer Price Index for the year ending each December as published
by the Bureau of Labor Statistics of the U.S. Department of Labor,
shall be used to adjust the compensation of the County Executive while
in office, when members of the County Classified Service receive an
increase."
A vacancy in the office of County Executive
shall exist upon the death, resignation or removal of the County Executive
from office or upon his forfeiture of office. In the event of a vacancy,
the Council shall, within thirty (30) calendar days, appoint a County
Executive for the remainder of the term. The appointment shall be
made by an affirmative vote of at least four (4) members of the Council.
[1]
Editor's Note: See also Sec. 307 of the Harford
County Charter.
The County Executive may be removed from office
by an affirmative vote of at least five (5) members of the Council
after a public hearing and upon a finding that he has failed to perform
the duties of his office for a continuous period of six (6) months
or is unable by reason of physical or mental disability to perform
the duties of his office. The decision of the Council may be appealed
by the County Executive within ten (10) days to the Circuit Court
for the county, by petition. Upon the filing of a petition, the Court
may stay the removal pending its decision. The Court shall make independent
determinations of fact, and its decision may be appealed to the State
Court of Appeals.
[1]
Editor's Note: See also Sec. 308 of the Harford
County Charter.
The County Executive shall immediately forfeit
his office if he ceases to be a qualified voter of the county or is
convicted of a felony or a crime involving moral turpitude.
[1]
Editor's Note: See also Sec. 309 of the Harford
County Charter.
In the event of the temporary absence or disability
of the County Executive, the Director of Administration shall perform
the duties of the County Executive, unless the County Executive designates
in writing some other person in the Executive Branch. Such designation
shall be filed with the Secretary of the Council. Any such designation
may be revoked by the County Executive at any time by filing a new
designation with the Secretary of the Council. An Acting County Executive
shall have the same rights, duties, powers and obligations as an elected
incumbent in such office, except the power of veto.
[1]
Editor's Note: See also Sec. 310 of the Harford
County Charter.
Upon its enactment by the Council, any bill,
except measures made expressly exempt from the executive veto by the
Charter, shall be presented to the County Executive within five (5)
calendar days for his approval or disapproval. Within twenty-one (21)
calendar days after presentation, he shall return such bill to the
Council with his approval endorsed thereon or with a statement, in
writing, of his reasons for not approving the same. Upon approval
by the County Executive, any such bill shall become law. Upon veto
by the County Executive, his veto message shall be entered in the
journal of the Council, and, not later than at its next legislative
session day, the Council may reconsider the bill. If, upon reconsideration,
at least five (5) members of the Council vote in the affirmative,
the bill shall become law. Whenever the County Executive shall fail
to return any bill within twenty-one (21) calendar days after the
date of its presentation to him, the Secretary of the Council shall
forthwith record the fact of such failure in the journal, and the
bill shall thereupon become law. The County Executive may disapprove
individual items in budget and appropriation bills. Each item not
disapproved in a budget and appropriation bill shall become law, and
each item disapproved in a budget and appropriation bill shall be
subject to the same procedure as any other bill vetoed by the County
Executive.
[1]
Editor's Note: See also Sec. 311 of the Harford
County Charter.
The County Executive shall appoint a Director
of Administration, subject to confirmation by the Council as required
by Section 223 of the Charter, who shall be selected on the basis
of his qualifications as a professional administrator and shall serve
at the pleasure of the County Executive. The Director of Administration
shall perform administrative duties and exercise general supervision
over the agencies of the Executive Branch as the County Executive
may direct. Prior to assuming the duties of his office, he shall be
domiciled in the county.
[1]
Editor's Note: See also Sec. 312 of the Harford
County Charter.
The County Executive shall appoint a single
officer to head each agency of the Executive Branch, subject to confirmation
by the Council as required by Section 223 of the Charter, and may
remove the same at his discretion. Within six (6) months after each
election for County Executive, the County Executive shall appoint
for confirmation or reconfirmation, as the case may be, all heads
of agencies of the Executive Branch as defined by Section 402 of the
Charter. He shall also appoint the members of all boards and commissions
in the Executive Branch, except as otherwise provided for by law,
subject to confirmation by the Council as required by Section 223
of the Charter, and may remove the same in accordance with the Charter
or other applicable law. All employees of the Executive Branch, other
than those specifically provided for in the Charter, shall be appointed
and removed by the heads of the several agencies of the county government
in accordance with the provisions of the County Personnel Law.[2] The Council shall have the power to approve those persons
assigned by the Executive Branch to the Council to support it in the
exercise and performance of its duties, powers and functions.
[Added by Bill No. 79-72]
The County Executive shall have the power to
immediately remove from any board or commission any member who, without
just cause, fails to attend any consecutive meetings. The without-just-cause
determination shall be made by a majority of the members of the board
or commission, excluding the individual member involved, after proper
notice and hearing. Service of notice shall be made at least five
(5) days prior to the date set for the hearing. The board or commission
to make the determination shall give the notice and hold the hearing.
During the temporary absence of the Director
of Administration or the head of an agency of the Executive Branch,
or upon the occurrence of a vacancy in any of these positions, the
County Executive shall appoint an Acting Director of Administration
or acting head of the agency, as the case may be, to serve for a period
not exceeding sixty (60) calendar days. This limit may be extended
an additional four (4) months by the Council.
[1]
Editor's Note: See also Sec. 314 of the Harford
County Charter.
Except as otherwise provided in the Charter
or in state law, all agencies of the county government shall be subject
to the direction, supervision and control of the County Executive.
[1]
Editor's Note: See also Sec. 401 of the Harford
County Charter.
In the Executive Branch of the county government,
there shall be a Department of Law, a Department of the Treasury,
a Department of Planning and Zoning, a Planning Advisory Board, a
Department of Public Works, a Public Works Advisory Board, a Department
of Parks and Recreation, a Parks and Recreation Advisory Board, a
Human Relations Commission, a Personnel Advisory Board, a Department
of Procurement, a Board of Estimates and any other agencies established
by law.
[1]
Editor's Note: See also Sec. 402 of the Harford
County Charter.
