City Charter
CHARTER FOR GLENARDEN (download pdf)
ARTICLE I. GENERAL CORPORATE POWERS.
Section 101. Enumeration.
This Charter is the municipal corporation Charter of the City of Glenarden, the corporate name of which is "The City of Glenarden." The municipal corporation here continued, under its corporate name, has all the privileges of a body corporate, by that name to sue and be sued, to plead and be impleaded in any court of law or equity, to have and use a common seal and to have perpetual succession, unless the Charter and the corporate existence are legally abrogated.
ARTICLE II. CORPORATE LIMITS.
Section 201. Description; public filing of corporate limits.
(a) The limits of the City of Glenarden shall be as they existed immediately prior to the date of this Charter, subject to all rights, reservations, limitations, and conditions as may be set forth in all prior resolutions of annexation and in the Charter of the City in effect immediately prior to this Charter, and as may be hereafter amended as provided by law.
(b) The courses and distances showing the exact corporate limits of the City shall be filed at all times with the Clerk of the Circuit Court for Prince George's County and the Director of the Department of Legislative Reference of the Maryland General Assembly. In addition, a copy of the courses and distances describing the corporate boundaries shall be on file in the City in a suitable book or place, properly indexed and reasonably available for public inspection during normal business hours.
ARTICLE III. ORGANIZATION OF COUNCIL.
Section 301. Composition; terms of office.
(a) Number; selection; length of term. All legislative powers of the City are vested in a Council consisting of seven Councilmembers, who shall be elected as hereinafter provided and who shall hold office for a term of two years, or until their successors take office.
(b) Beginning and end of term. The regular term of Councilmembers shall begin one hour after the start of the regular Council meeting on the second Monday in June following their election and shall expire upon the seating of their successors. Councilmembers holding office at the time this Charter becomes effective shall continue to hold office for the term for which they were elected or until their successors take office under the provisions of this Charter.
Section 302. Qualifications of Councilmembers.
Councilmembers shall be at least twenty-one years of age, shall have resided in the City for at least one year immediately preceding their election, and shall be qualified voters of the City pursuant to Section 702 of this Charter.
Section 303. Salary of Councilmembers.
Each Councilmember shall receive an annual salary which shall be equal for all Councilmembers and shall be as specified from time to time by an ordinance passed by the Council in the regular course of its business, provided, however, that the salary specified at the time any Councilmember takes office shall not be changed during the term for which that Councilmember was elected. The ordinance making any change in the salary paid to the several Councilmembers, either by way of increase or decrease, shall be finally ordained prior to the election of the members to whom the salary increase shall apply.
Section 304. Meetings.
(a) The newly elected Council shall meet on the second Monday in June 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 except, however, that during the months of July and August the regularly scheduled meetings may be canceled by a majority of the members of the Council. Special meetings shall be called by the Clerk to the Council upon the request of the Mayor, President of the Council, or a majority of the members of the Council.
(b) Closed sessions. The Council may meet in closed session or adjourn an open session to a closed session only to:
(1) Discuss:
(i) The appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or
(ii) Any other personnel matter that affects one or more specific individuals;
(2) Protect the privacy or reputation of individuals with respect to a matter that is not related to public business;
(3) Consider the acquisition of real property for a public purpose and matters directly related thereto;
(4) Consider the investment of public funds;
(5) Consider the marketing of public securities;
(6) Consult with legal counsel to obtain legal advice;
(7) Consult with staff, consultants or other individuals about pending or potential litigation;
(8) Conduct collective bargaining negotiations or consider matters that relate to the negotiations;
(9) Discuss public security, if the Council determines that public discussion would constitute a risk to the public or to public security, including:
(i) The deployment of police services and staff; and
(ii) The development and implementation of emergency plans;
(10) Conduct or discuss an investigative proceeding on actual or possible criminal conduct;
(11) Comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or
(12) Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the Council to participate in the competitive bidding or proposal process.
(c) Procedure for closing sessions. Before the Council meets in closed session, a majority of the Councilmembers present and voting must vote in favor of closing the session. The vote must be conducted and recorded in accordance with State law, and a written statement of the reason for closing the meeting must be made in accordance with State law.
Section 305. President and Vice President.
(a) President. At its organizational meeting on the second Monday of June following its election, the Council shall select from its members a President of the Council. The President of the Council shall preside over all meetings of the Council and shall perform other duties as specified by the Council by resolution.
(b) Vice President. At its organizational meeting on the second Monday of June following its election, the Council shall select from its members a Vice President of the Council who shall execute the duties of the President in the absence of the President.
Section 306. Quorum.
A majority of the members of the Council shall constitute a quorum for the transaction of business but no ordinance shall be approved nor any other action taken without the favorable votes of at least four members of the Council.
Section 307. Rules and order of business; journal; votes in public meeting; roll call votes; minutes.
(a) Procedure of Council. The Council shall determine its own rules and order of business. It shall keep a journal of its proceedings and enter therein yeas and nays upon final action on any question, resolution, or ordinance, or at any other time if required by any one member. The journal shall be open to public inspection. No action requiring a vote of the Council shall be taken except in a public meeting. All votes of the Council on ordinances shall be taken by roll call. All other votes of the Council shall be by roll call only at the request of any Councilmember.
(b) Copy of minutes. A duplicate copy of the minutes of all regular and special meetings of the Council shall be posted in bound cumulative form within thirty days in the administrative office and shall be open to public inspection during regular working hours.
(c) Copy for Councilmembers. Each Councilmember shall be given a complete copy of the minutes of each meeting of the Council, regular and special, that occurs while he or she is a member of the Council.
Section 308. Procedure for enactment of resolutions and ordinances.
(a) Definitions
(1) Resolution shall mean a formal expression of opinion, will or intent of the Council adopted by a vote of the Council and, unless otherwise required by law, is without the force of an ordinance.
(2) Ordinance shall mean a legislative enactment adopted in a manner prescribed by this Section, that shall have the full force of law.
(b) A resolution may be introduced by any Councilmember at any regular or special meeting of the Council. Unless otherwise required by law, a resolution may be enacted by the Council at the meeting at which it is introduced. A resolution shall be enacted by the affirmative vote of at least four members of the Council.
(c) An ordinance may be introduced by any Councilmember at any regular or special meeting of the Council. 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 sixty days after the meeting at which an ordinance was introduced, the proposed ordinance 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 five members of the Council.
(d) All ordinances passed by the Council shall be promptly delivered by the Clerk to the Mayor for his or her approval or disapproval. If the Mayor approves any ordinance, he or she shall sign it. If the Mayor disapproves any ordinance, he or she shall not sign it. The Mayor shall return all ordinances to the Clerk within six days after delivery to him or her (excluding the first day, including the last day, and excluding any Sunday) with his or her approval or disapproval. Any disapproved ordinance shall not become a law unless subsequently passed by a favorable vote of five-sevenths of the whole Council within thirty-five calendar days from the time of the return of the ordinance. If the Mayor fails to return any ordinance within six days of its delivery, it shall be deemed to be approved by the Mayor and shall become law in the same manner as an ordinance signed by him or her.
(e) Every ordinance, unless it is passed as an emergency ordinance, shall become effective at the expiration of twenty calendar days following approval by the Mayor or passage by the Council over the Mayor's veto. An emergency ordinance shall become effective on the date specified in the ordinance, but no ordinance shall become effective until approved by the Mayor or passed over his or her veto by the Council.
Section 309. File of ordinances.
(a) Each proposed ordinance shall be posted in the Municipal Center until it is approved or disapproved pursuant to this Article.
(b) Ordinances currently in effect shall be permanently filed by the Clerk and shall be kept available for public inspection.
ARTICLE IV. THE MAYOR.
Section 401. Election; term of office.
(a) Selection and term. The Mayor shall be elected as hereinafter provided and shall hold office for a term of two years or until a successor is elected and qualified. The newly elected Mayor shall take office one hour after the start of the regular Council meeting on the second Monday in June following his or her election. The Mayor holding office at the time this Charter becomes effective shall continue to hold office for the term for which he or she was elected or until a successor takes office under the provisions of this Charter.
(b) Consecutive terms. No person shall be elected Mayor for more than three consecutive two-year terms.
Section 402. Qualifications.
The Mayor shall be at least 21 years of age, shall have resided in the City for at least one year immediately preceding election, and shall be a qualified voter of the City pursuant to Section 702 of this Charter.
Section 403. Salary.
The Mayor shall receive an annual salary as set from time to time by an ordinance passed by the Council in the regular course of business. No change shall be made in the salary for any Mayor during the term for which he or she was elected. The ordinance making any change in the salary paid to the Mayor, either by way of increase or decrease, shall be finally ordained prior to the election of the Mayor to whom the salary increase shall apply.
Section 404. Powers and duties generally.
(a) The Mayor shall see that the ordinances of the City are faithfully executed and shall be the chief executive officer of the City government.
(b) The Mayor, on the recommendation of the City Manager and with the approval of the Council, shall appoint the heads of all offices, departments, and agencies of the City government as established by this Charter or by ordinance. All office, department, and agency heads shall serve at the pleasure of the Mayor. All subordinate officers and employees of the offices, departments and agencies of the City government shall be appointed and removed by the Mayor, in accordance with rules and regulations in any merit system which may be adopted by the Council.
(c) The Mayor each year shall report to the Council the condition of municipal affairs and make such recommendations as he or she deems proper for the public good and the welfare of the City.
(d) The Mayor shall have the power to veto ordinances passed by the Council as provided in Section 308 (d).
(e) The Mayor shall have such other powers and perform such other duties as may be prescribed by this Charter or as may be required by the Council, not inconsistent with this Charter.
(f) The Mayor shall attend all Council meetings and make monthly reports to the Council and citizens.
Section 405. Acting Mayor.
(a) When the Mayor is absent for a period of less than thirty days, the President of the Council shall serve as acting Mayor until the return of the Mayor.
(b) When both the Mayor and the President of the Council are absent from the City, and the period of such absence is less than thirty days, the duties of acting Mayor shall be exercised by the Vice President of the Council.
(c) In those instances where the duties of Mayor are exercised by either the President or the Vice President of the Council pursuant to this Section, such duties shall include the co-signing of City checks and drafts, the execution of contracts and other legal documents on behalf of the City, the approving or disapproving of legislation or ordinances passed by the Council, and the administering of oaths of office.
(d) While acting as Mayor, the Council President shall not perform the legislative functions of the President of the Council. Upon return of the Mayor, the President of the Council shall resume his or her position as President of the Council.
ARTICLE V. CITY MANAGER.
Section 501. Creation of Office.
The Mayor shall appoint and the Council shall confirm a City Manager. The City Manager shall be appointed solely on the basis of executive and administrative qualifications. The City Manager need not be a resident of the City or State at the time of appointment, but may reside outside the City limits while in office only with the approval of the Mayor and Council. The City Manager shall not participate in election campaigns for City office or run for any elective City office while serving as City Manager.
Section 502. Authority.
The City Manager shall be the chief administrative officer of the City and shall be responsible to the Mayor for the administration of all City affairs placed in his or her charge by the Mayor or under the this Charter.
Section 503. Powers and duties.
The City Manager shall:
(a) Administer the personnel affairs of the City.
(b) Be responsible for the enforcement of all personnel rules and regulations adopted by the Council.
(c) Exercise administrative control over all City departments and agencies. In accordance with this Charter, he or she shall recommend to the Mayor appointment and removal of department and agency heads on the basis of merit and supervise all other City employees.
(d) Issue all work requests through the department head involved unless the department head is incapacitated or unavailable.
(e) Attend all meetings of the Council in an advisory capacity.
(f) Assist in the preparation of the annual City budget by coordinating the requests and suggestions of the Mayor, the Council, department and agency heads, and other concerned City personnel; drafting a proposed budget; and assisting the Mayor in preparation of the annual budget message as required by Section 804 (b) of this Charter.
(g) Make reports, as the Mayor or Council may require, concerning the financial condition and future needs of the City, the operation of the City's departments and agencies subject to his or her administrative control, or any other matters the Mayor or Council may designate. These reports may include recommendations as the City Manager deems necessary.
(h) Authorize all purchases of supplies and equipment, in line with the established budget and the availability of specifically allotted funds.
(i) Perform other duties as the Mayor or Council may require or as may be required elsewhere in this Charter.
Section 504. Annual performance evaluation.
(a) The City Manager shall be subject to separate annual performance evaluations to be performed by the Mayor and Council.
(b) The performance and evaluation criteria shall be prepared by the Mayor and adopted by the Council and may be periodically revised by the Mayor with the approval of the Council.
Section 505. Removal from office.
The Mayor and Council may remove the City Manager from office in accordance with the following procedures:
(a) The Mayor shall submit to the Council a resolution to consider removal of the City Manager, which must state the reasons for removal, a copy of which shall be delivered to the City Manager as soon as practicable. The Mayor's resolution to consider removal of the City Manager shall not require the approval of the Council. After submitting to the Council a resolution to consider removal of the City Manager, the Mayor may suspend the City Manager from duty with pay for a period not to exceed forty-five days pending Council action on a final resolution of removal.
(b) Alternatively, the Council shall adopt by an affirmative vote of a majority of all its members a resolution to consider removal of the City Manager which must state the reasons for removal and may suspend the City Manager from duty with pay for a period not to exceed forty-five days. Such resolution and suspension shall not require the approval of the Mayor. A copy of the resolution to consider removal shall be delivered to the City Manager as soon as practicable.
(c) Within five days after a copy of the resolution to consider removal is delivered to the City Manager, he or she may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than fifteen days or later than thirty days after the request is filed. The City Manager may file with the Council a written reply to the resolution to consider removal not later than five days before the hearing.
(d) The Council may adopt a final resolution of removal which may be made effective immediately, by affirmative vote of a majority of all its members, at any time after five days from the date when a copy of the resolution to consider removal was delivered to the City Manager, if a public hearing has not been requested, or any time after the public hearing if one has been requested.
ARTICLE VI. GENERAL POWERS OF COUNCIL.
Section 601. General grant of powers.
(a) General powers. In addition to all powers granted to the Council by this Charter or any other provision of the law, the Council may exercise any power or perform any function which is not now or hereafter denied to it by the Constitution of Maryland, this Charter, or any applicable law passed by the General Assembly of Maryland. The enumeration of powers and functions in this Charter or elsewhere shall not be deemed to limit the power and authority granted by this Section.
(b) Exercise of powers. All the powers of the City shall be exercised in the manner prescribed by this Charter, or, if the manner is not prescribed, then in such manner as may be prescribed by ordinance.
Section 602. Enumeration of specific powers.
(a) Specific powers. The Council shall have the following express ordinance-making powers.
(1) Advertising. To provide for advertising for the purposes of the City and to print and publish statements as to the business of the City. The Council shall publish all official and legal business of the City in a newspaper of general circulation within the City.
(2) Aisles. To regulate and prevent the obstruction of aisles in public halls, churches and places of amusement, and to regulate the construction and operation of the doors and means of egress therefrom.
(3) Amusements. To provide in the interest of the public welfare for licensing, regulating, or restraining theatrical or other public amusements.
(4) Animals. To regulate the keeping of dogs, cats and other animals in the City and to provide, wherever the County does not license or tax dogs and cats, for the licensing and taxing of them and to provide for the disposition of homeless dogs and cats and dogs and cats on which no license fee or taxes are paid.
(5) Appropriations. To appropriate municipal monies for any purpose within the powers of the Council.
(6) Auctioneers. To regulate the sale of all kinds of property at auction within the City and to license auctioneers.
(7) Band. To establish a municipal band, symphony orchestra or other musical organization, and to regulate by ordinance the conduct and policies thereof.
(8) Billboards. To license, tax and regulate, restrain or prohibit the erection or maintenance of billboards within the City, the placing of signs, bills and posters of every kind and description on any building, fence, post, billboard, pole, or other place within the City.
(9) Bridges. To erect and maintain bridges.
(10) Buildings. To make reasonable regulations in regard to buildings and signs to be erected, constructed, or reconstructed in the City, and to grant building permits for them, to formulate a building code and a plumbing code and to appoint a building inspector and a plumbing inspector, and to require reasonable charges for permits and inspections; to authorize and require the inspection of all buildings and structures and to authorize the condemnation thereof in whole or in part when dangerous or insecure, and to require that such buildings and structures be made safe or be taken down. Building permits for multiple family dwellings, subdivisions, commercial and industrial construction shall not be granted without a majority vote of approval of the whole Council.
(11) Cemeteries. To regulate or prohibit the interment of bodies within the municipality and to regulate cemeteries.
(12) Codification. To provide for the codification of all ordinances.
(13) Community services. To provide, maintain and operate community and social services for the preservation and promotion of the health, recreation, welfare, and enlightenment of the inhabitants of the City.
(14) Cooperative activities. To make agreements with other municipalities, counties, districts, bureaus, commissions, and governmental authorities for the joint performance of or for cooperation in the performance of any governmental functions.
(15) Curfew. To prohibit the youth of the City from being in the streets, lanes, alleys, or public places at unreasonable hours of the night.
(16) Dangerous conditions. To compel persons about to undertake dangerous improvements to execute bonds with sufficient sureties conditioned that the owner or contractor will pay all damages resulting from such work which may be sustained by any persons or property.
(17) Departments. To create, change, and abolish, offices, departments, or agencies, other than the offices, departments and agencies established by this Charter; to assign additional functions or duties to offices, departments or agencies established by this Charter, but not including the power to discontinue or assign to any other office, department, or agency any function or duty assigned by this Charter to a particular office, department, or agency.
(18) Elevators. To require the inspection and licensing of elevators and to prohibit their use when unsafe, dangerous, or unlicensed.
(19) Explosives. To regulate or prevent the storage of gunpowder, oil, or any other explosive or combustible matter; to regulate or prevent the use of firearms, fireworks, bonfires, explosives, or any other similar things which may endanger persons or property.
(20) Filth. To compel the occupant of any premises or building situated in the City, if it has become filthy or unwholesome, to abate or cleanse the condition; and after reasonable notice to the owners or occupants to authorize such work to be done by the proper officers and to assess the expense thereof against the property making it collectible by taxes or against the occupant or occupants.
(21) Finances. To levy, assess, and collect ad valorem property taxes; to expend municipal funds for any public purpose; and to have general management and control of the finances of the City.
(22) Fire. To suppress fires and prevent the dangers thereof and to establish and maintain a fire department; to contribute funds to volunteer fire companies serving the City; to inspect buildings for the purpose of reducing fire hazards, to issue regulations concerning fire hazards, and to forbid and prohibit the use of fire-hazardous buildings and structures permanently or until the conditions of City fire-hazard regulations are met; to install and maintain fire plugs where and as necessary, and to regulate their use; and to take all other measures necessary to control and prevent fires in the City.
(23) Food. To inspect and to require the condemnation of food products, if unwholesome, and to regulate the sale of any food products.
(24) Franchises. To grant and regulate franchises to water companies, electric light companies, gas companies, telephone companies, transit companies, taxicab companies, cable television companies, and all public communication systems which may be deemed advantageous and beneficial to the City, subject, to the limitations and provisions of Article 23 of the Annotated Code of Maryland. No franchise shall be granted for a longer period than fifty years.
(25) Garbage. To prevent the deposit of any unwholesome substance either on private or public property, and to compel its removal to designated points; to require slops, garbage, ashes and other waste or other unwholesome materials to be removed to designated points, or to require the occupants of the premises to place them conveniently for removal.
(26) Grants-in-aid. To accept gifts and grants of federal or state funds from the federal or state governments or any agency thereof, and to expend the funds for any lawful public purpose, agreeably to the conditions under which the gifts or grants were made.
(27) Hawkers. To license, tax, regulate, suppress, and prohibit hawkers and itinerant dealers, peddlers, pawnbrokers, and all other persons selling any articles on the streets of the City, and to revoke such licenses for any action or threat of action by such a licensee in the course of his or her occupation which causes or threatens harm to inhabitants of the City or to their welfare or happiness.
(28) Health. To protect and preserve the health of the City and its inhabitants; to appoint a public health officer, and to define and regulate his or her powers and duties; to prevent the introduction of contagious diseases into the City; to establish quarantine regulations, and to authorize the removal and confinement of persons having contagious or infectious diseases; to prevent and remove all nuisances; to inspect, regulate, and abate any buildings, structures, or places which cause or may cause unsanitary conditions or conditions detrimental to health; but nothing herein shall be construed to affect in any manner any of the powers and duties of the Secretary of Health and Mental Hygiene, the County Board of Health or any public, general or local law relating to the subject of health.
(29) House numbers. To regulate the numbering of houses and lots and to compel owners to renumber them or in default thereof to authorize and require the work to be done by the City at the owner's expense, such expense to constitute a lien upon the property collectible as tax monies.
(30) Licenses. Subject to any restrictions imposed by the public general laws of the State, to license and regulate all persons beginning or conducting transient or permanent business in the City for the sale of any goods, wares, merchandise, or services; to license and regulate any business, occupation, trade, calling, or place of amusement or business; to establish and collect fees and charges for all licenses and permits issued under the authority of this Charter.
(31) Liens. To provide that any valid charges, taxes or assessments made against any real property within the City shall be liens upon the property to be collected as municipal taxes are collected.
(32) Lights. To provide for the lighting of the City.
(33) Livestock. To regulate and prohibit the running at large of cattle, horses, swine, fowl, sheep, goats, dogs or other animals; to authorize the impounding, keeping, sale and redemption of such animals when found in violation of the ordinance in such cases provided.
(34) Markets. To obtain by lease or rent, own, construct, purchase, operate, and maintain public markets within the City.
(35) Minor privileges. To regulate or prevent the use of public ways, sidewalks, and public places for signs, awnings, posts, steps, railings, entrances, racks, posting handbills and advertisements, and display of goods, wares, and merchandise.
(36) Noise. To regulate or prohibit unreasonable noise.
(37) Nuisances. To prevent or abate by appropriate ordinance all nuisances in the City which are so defined by common law, by this Charter, or by the laws of the State of Maryland, whether they be herein specifically named or not; to regulate, to prohibit, to control the location of, or to require the removal from the City of all trading in, handling of, or manufacture of any commodity which is or may become offensive, obnoxious, or injurious to the public comfort or health. In this connection the City may regulate, prohibit, or require the removal from the City of such things as stockyards, slaughterhouses, cattle or hog pens, tanneries, and renderies. This listing is by way of enumeration, not limitation.
(38) Obstructions. To remove all nuisances and obstructions from the streets, lanes and alleys and from any lots adjoining thereto, or any other places within the limits of the City.
(39) Parking facilities. To license and regulate and to establish, obtain by purchase, by lease or by rent, own, construct, operate, and maintain parking lots and other facilities for off street parking.
(40) Parking meters. To install parking meters on the streets and public places of the City in such places as by ordinance they determine, and by ordinance prescribe rates and provisions for the use thereof.
(41) Parks and recreation. To establish and maintain public parks, gardens, playgrounds, and other recreational facilities and programs to promote the health, welfare, and enjoyment of the inhabitants of the City.
(42) Police force. To establish, operate, and maintain a police force.
(43) Police powers. To prohibit, suppress, and punish within the City all vice, gambling and games of chance; prostitution and solicitation therefor and the keeping of bawdy houses and houses of ill fame; all tramps and vagrants; all disorder, disturbances, annoyances, disorderly conduct, obscenity, public profanity, and drunkenness.
(44) Property. To acquire by conveyance, purchase or gift, real or leasable property for any public purposes; to erect buildings and structures thereon for the benefit of the City and its inhabitants; and to convey any real or leasehold property when no longer needed for the public use, after having given at least twenty days' public notice of the proposed conveyance; to control, protect and maintain public buildings, grounds and property of the City.
(45) Public ways and sidewalks. To regulate the use of City streets, roads, alleys, and sidewalks and all structures in, under or above such public ways and sidewalks; to require the owner or occupant of premises to keep the sidewalks in front thereof free from snow or other obstructions and prescribe hours for cleaning sidewalks.
(46) Quarantine. To establish quarantine regulations in the interest of the public health.
(47) Regulations. To adopt by ordinance and enforce within the corporate limits police, health, sanitary, fire, building, plumbing, traffic, speed, parking, and other similar regulations not in conflict with the laws of the State of Maryland or with this Charter.
(48) Sweepings. To regulate or prevent the throwing or depositing of sweepings, dust, ashes, offal, garbage, paper, handbills, dirty liquids, or other unwholesome materials into any public way or on any public place or private property in the City.
(49) Taxicabs. To license, tax and regulate public hackers, taxi cab drivers, drivers, porters, and all other persons pursuing like occupations.
(50) Vehicles. To regulate and license vehicles not subject to the licensing power of the State of Maryland.
(51) Voting machines. To purchase, lease, borrow, install, and maintain voting machines for use in City elections.
(b) Enumeration not exclusive. The enumeration of powers in this Section is not to be construed as limiting the powers of the City to the several subjects mentioned.
Section 603. Code of Ethics.
(a) The Council shall adopt, by ordinance, a code of ethics using the guidelines in this Section.
(b) The following shall be used as a minimum standard of performance for all officers and employees of the City.
(1) They shall not use their public office for private gain.
(2) They shall not give preferential treatment to any organization or person.
(3) They shall make every effort to maintain public confidence in their branch of City government.
(4) They shall not engage in practices which are specifically forbidden; accepting or soliciting any form of gift, favor, or benefit; disclosure of confidential information for private gain; outside employment, or assistance to others which might result in a conflict of interest or impair the official's independence of judgment; or use of the prestige of a public office for private gain.
Section 604. Enforcement.
To assure the observance of the ordinances of the City, the Council has such powers as are provided by State law and this Charter.
ARTICLE VII. REGISTRATION, NOMINATION, AND ELECTION PROCEDURES.
Section 701. Board of Elections.
(a) There shall be a Board of Elections consisting of ten members who shall be appointed by the Mayor with the approval of the Council on or before the first Monday in February in every odd numbered year.
(b) The terms of members of the Board of Elections shall begin on the first Monday in February in the year in which they are appointed and run for two years. Members of the Board of Elections shall be qualified voters of the City pursuant to Section 702 of this Charter. The Board shall appoint one of its members as Supervisor of the Board, and another as Assistant Supervisor of the Board of Elections; the other eight members shall be known as judges. No member of the Board shall hold or be a candidate for any elective office during his or her term of office. Vacancies on the Board shall be filled by the Mayor with the approval of the Council for the remainder of the unexpired term. The compensation of the members of the Board shall be determined by the Council.
(c) Any member of the Board of Elections may be removed for inefficiency, malfeasance, misfeasance, nonfeasance, misconduct in office, or insubordination by the Council by ordinance. Before removal, the member of the Board of Elections to be removed shall be given a written copy of the charges against him or her and shall have a public hearing before the Council if he or she so requests within ten days after receiving the written copy of the charges.
(d) The Board of Elections shall be in charge of the registration of voters, nominations, and all City elections, and shall be governed by the voter registration and election laws of Maryland. The Board may appoint election clerks or other employees to assist it in any of its duties. The Board shall not cause or seek to cause any meetings to be held for any candidate campaign.
(e) The Board of Elections shall give at least two weeks notice of every City election by an advertisement published in a newspaper of general circulation within the City and by posting a notice thereof in some public place or places in the City.
(f) If any person shall feel aggrieved by any action of the Board of Elections, such person may appeal to the Council or to the Circuit Court for the County. Any decision or action of the Council upon such appeals may be appealed to the Circuit Court for the County within thirty days of the decision or action of the Council.
Section 702. Voters.
Every person who meets all the following requirements may vote in City elections:
(a) Is a citizen of the United States;
(b) Is at least eighteen years of age;
(c) Has resided within the corporate limits of the City for the thirty days immediately preceding the next City election; and
(d) Is registered in accordance with the provisions of this Charter.
Section 703. Registration of voters.
(a) Registration by the Prince George's County Board of Elections shall be deemed registration for City elections, provided that the person so registered meets the voter qualifications enumerated in this Charter. The Glenarden Board of Elections shall accept the list of registered voters provided by the Prince George's County Board of Elections as a valid registration list for the City.
(b) City registration forms shall be made available at the Municipal Center during normal business hours for any Glenarden resident who chooses not to register with Prince George's County. If necessary for the performance of registration or the convenience of the citizens of the City, the Mayor may designate specific days as registration days.
(c) Each person who is qualified to vote pursuant to Section 702 of this Charter and who registers in the City, shall be issued a City voter identification card showing his or her name and address with signature.
(d) The Glenarden Board of Elections shall maintain a supplemental voting list of persons who register to vote in the City. It shall be the duty of the Glenarden Board of Elections to keep the supplemental registration lists up to date in accordance with State law. The Council is hereby authorized and directed, by ordinance, to adopt and enforce any provisions necessary to establish and maintain a system of permanent registration, and to provide for a re-registration when necessary.
(e) No person shall be entitled to vote in a City election unless he or she is duly registered to vote at least thirty days prior to that election. Registered voters whose residency changes from one ward to another ward during the thirty days prior to an election shall be entitled to vote in their old ward only.
Section 704. Absentee voting.
Any qualified voter registered to vote in the elections of the City of Glenarden is entitled to vote by absentee ballot in a manner prescribed by State law.
Section 705. Nominations; certifications of candidates.
Any person desiring to become a candidate for Mayor or Councilmember shall, at least thirty days before election, file or cause to be filed with a member of the Board of Elections a petition stating that he or she is a candidate for the office, which petition shall be signed by such candidate and endorsed by at least fifteen persons entitled to vote in the next City election. Upon the filing of such petition, the candidate shall pay a fee to the Board of Elections. The filing fee shall be set from time to time by ordinance of the Council and shall be the same for all candidates. The Board shall certify candidates for the regular City election at least twenty-five days prior to the date set for such election. No person shall file for nomination to more than one elective City public office or hold more than one elective City public office at any one time.
Section 706. Election of Mayor and Councilmembers.
On the first Monday in May in every odd numbered year, the qualified voters of the City shall elect seven persons as Councilmembers and one person as Mayor.
Section 707. Ward representation.
(a) A voting district or ward system shall be utilized within the City to elect five Councilmembers. Two Councilmembers and the Mayor shall be elected at large.
(b) Three individual councilmanic districts/wards are hereby established within the City and the number of Councilmembers elected to represent each ward shall be as follows:
(1) Ward I shall be represented by 2 Councilmembers.
(2) Ward II shall be represented by 2 Councilmembers.
(3) Ward III shall be represented by 1 Councilmember.
(c) The boundaries of the three wards shall be as follows:
(1) Ward I. All properties within the City that lie west of Martin Luther King, Jr. Highway.
(2) Ward II. All properties within the City that lie between Martin Luther King, Jr. Highway and Brightseat Road.
(3) Ward III. All properties with the City that lie east of Brightseat Road.
(d) In addition to the residency requirement in Section 302 of this Charter, the following residency requirements prevail for ward candidates:
(1) A candidate shall have resided in the ward from which he or she is to be a candidate for at least ninety days.
(2) A change of residence from one ward to another does not negate the representation from the previous ward until the next regular or special election.
(3) In the event of dual residence, a person may be a candidate from only one ward.
(4) A candidate may only be elected to represent the ward in which he or she resides.
Section 708. Places for election; listing of candidates; hours polls to be open.
It is the duty of the Board of Elections to provide for each special and general election a suitable place or places for voting and voting machines. The voting machines for each ward shall show the names of all councilmanic candidates nominated for elective office from that ward, as well as the mayoral and at- large councilmanic candidates, arranged in alphabetical order by office with no party designation of any kind. The Board of Elections shall keep the polls open from 7:00 a.m. to 8:00 p.m. on election days.
Section 709. Special elections.
(a) All special City elections shall be conducted by the Board of Elections in the same manner and with the same personnel, as far as practicable, as City general elections.
(b) In the event a special election is required pursuant to Section 710, said special election shall be held thirty days after the general election unless the thirtieth day falls on a Saturday, Sunday or legal holiday, in which case the special election shall be held on the following day.
(c) Special elections required to fill vacancies in office pursuant to Section 714 of this Charter shall be held thirty days from the date of the vacancy, except where the thirtieth day falls on a Saturday, Sunday or legal holiday, in which case, the special election shall be held on the following day which is not a Saturday, Sunday or legal holiday.
(d) The Mayor or Councilmember elected pursuant to this Section shall take office in the month following the special election at the first regular or special meeting of the Council.
(e) The vote count for a special election for Mayor or Councilmember shall be the same as provided under Section 710 of this Charter.
Section 710. Vote count.
(a) After the closing of the polls, the Board of Elections shall determine the votes cast for each candidate or question and shall certify the results of the election to the Clerk of the Council who shall record the results in the minutes of the Council.
(b) The candidate for Mayor with a majority of the votes cast in the general election for this office shall be declared elected as Mayor. In the event no candidate for Mayor receives a majority of the votes cast in the general election, there shall be a special election between the two candidates who receive the highest number of votes in the general election; the candidate receiving the majority of the votes cast in the special election shall be declared elected as Mayor.
(c) The candidate for the at-large Council position who receives the highest number of votes for the at-large position shall be declared elected as at-large. If there are to be other candidates elected at-large, then the candidate for the at-large position who receives the second highest number of votes for the at-large Council position shall also be declared elected for an at-large Council position. If there are additional at-large Council positions to be filled, the above process is to be continued until all the at-large positions for Councilmember have been declared filled.
(d) The candidate for each ward who receives the highest number of votes for that ward shall be declared elected. If there is more than one Councilmember position to be filled from either or all wards, then the candidate with the next highest number of votes cast for that ward shall be declared elected.
(e) In the event of a tie between any candidates for an elected seat, in which the tie has a bearing on who shall be declared elected, these candidates will participate in a special election pursuant to Section 709.
Section 711. Preservation of ballots.
All ballots used in any City election shall be preserved for at least two years from the date of the election.
Section 712. Suspension of elected officials.
Any person who holds an elective office under this Charter who during a term of office is convicted of or enters a plea of nolo contendere to any crime which is a felony or which is a misdemeanor related to the official's public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution shall be suspended from office and the office shall be filled in accordance with the Constitution and laws of Maryland and the provisions of this Charter.
Section 713. Vacancies in elective office.
(a) Existence of vacancy. A vacancy in the office of Mayor or Councilmember shall exist upon the death, resignation, recall, or removal of the official or upon forfeiture of the office by the official in accordance with the provisions of this Section.
(b) Resignation. In the event the Mayor or a Councilmember has reason to believe that he or she will be unable to perform the duties of the office as required by this Charter, he or she shall have the right to submit a written resignation. Upon the acceptance of such resignation, the Council shall, by resolution, declare the office vacant and proceed to fill such vacancy pursuant to the applicable provisions of this Charter.
(c) Recall. The Mayor or a Councilmember may be recalled from office for specific failure to properly perform the duties of the office in accordance with the following procedure:
(1) A petition, signed by not less than twenty-five percent of the registered voters of the City, for officials elected at-large, or by not less than twenty-five percent of the registered voters of the ward, for officials elected by ward, shall be presented to the Council at a regular Council meeting. The petition shall state the name and office of the official to be recalled and the justification for the recall. A separate petition shall be required for each official for whom recall is sought.
(2) Upon receipt of a petition to recall an official, the Council shall refer the petition to the Board of Elections for verification of the appropriate number of registered voters' signatures. The Board of Elections shall return the petition with written findings to the Council at the next regular Council meeting. At this meeting, if the Board of Elections has authenticated the petition, the Council shall set a date for a special election to be held within sixty days providing for a vote for or against the recall. In the case of a petition to recall an official elected to represent a ward, only voters registered to vote in that ward shall be eligible to cast votes at the special election.
(3) If the majority of the votes cast at the special election are for the recall, the office shall be declared vacant.
(d) Removal of Mayor. If the Mayor fails to exercise the duties of office for a period of ninety consecutive days, and the Council by a five-sevenths vote of its membership adopts a resolution declaring the office of Mayor vacant because of the failure of the Mayor to perform, such vacancy shall be filled pursuant to Section 714 of this Charter.
(e) Forfeiture of office. Any person holding elective office under this Charter shall immediately forfeit the office if the person ceases to be a resident of the City.
Section 714. Filling of vacancies in elective offices.
(a) Mayor. In the case of a vacancy in the office of Mayor as provided in Section 713, the vacancy shall be filled in the following manner:
(1) Where there are less than ninety (90) days remaining in the unexpired term of Mayor, the President of the Council shall serve as Mayor until the expiration of the term of office, and the Vice President of the Council shall become President of the Council. The seat of the former President of the Council shall be declared vacant, to be filled pursuant to Subsection (b) of this Section. After selection of a new Councilmember pursuant to this Section, the Council shall select a new Vice President from among its members.
(2) Where there are more than ninety days remaining in the unexpired term of Mayor, the Council shall by resolution, adopted by the affirmative vote of a majority of its membership, set a date and time for a special election to fill such vacancy in a manner prescribed by Section 709 of this Charter. The Mayor so elected shall have all the titles, powers, duties and emoluments of that office.
(b) Council. If a vacancy occurs on the Council the vacancy shall be filled in the following manner:
(1) When there are less than ninety days remaining in the unexpired term, the remaining members of the Council, within thirty days of the vacancy, shall select a resident to fill the unexpired term. This appointment shall be effective immediately. All qualifications of office contained in Section 302 and Section 707 (d) of this Charter shall pertain to a Councilmember appointed to fill a vacancy under this Section.
(2) In all other events, the Council shall cause to be held a special election as prescribed in Section 709 of this Charter to fill the vacancy.
Section 715. Regulation and control.
The Council has the power to provide by ordinance in every respect not covered by the provisions of this Charter for the conduct of registration, nomination, and elections and for the prevention of fraud in connection therewith, and for a recount of ballots in case of doubt or fraud.
Section 716. Penalties.
Any person who (a) fails to perform any duty required of him or her under the provisions of this Article or any ordinances passed hereunder, (b) in any manner willfully or corruptly violates any of the provisions of this Article or any ordinance passed hereunder or (c) willfully or corruptly does anything which will or will tend to affect fraudulently any registration, nomination, or election, shall be deemed guilty of a misdemeanor. Any appointed officer or employee of the City government who is convicted of a violation of the provisions of this Section shall immediately cease to hold such office or employment.
ARTICLE VIII. FINANCE.
Section 801. City Treasurer.
There shall be a City Treasurer appointed by the Mayor with the approval of the Council. The Treasurer shall serve at the pleasure of the Mayor. The Treasurer shall be the chief financial officer of the City. The financial powers of the City, except as otherwise provided by this Charter, shall be exercised by the Treasurer under the direct supervision of the City Manager.
Section 802. Powers and duties of Treasurer.
Under the supervision of the City Manager, the Treasurer shall have the authority and shall be required to:
&