SECTION 301. COMPOSITION
ALL LEGISLATIVE POWERS OF THE TOWN SHALL BE VESTED IN A COUNCIL CONSISTING OF A MAYOR AND SIX (6) COUNCILMEMBERS. THE COUNCIL OF THE TOWN SHALL BE DESIGNATED AS THE "COUNCIL OF LANDOVER HILLS".
SECTION 302. ELECTION; TERM OF OFFICE
A. MAYOR . THE MAYOR SHALL BE ELECTED AT LARGE FROM THE ENTIRE TOWN AND HOLD OFFICE FOR A FOUR-YEAR TERM OR UNTIL HIS SUCCESSOR IS ELECTED. THE REGULAR TERM OF THE MAYOR SHALL EXPIRE IMMEDIATELY FOLLOWING THE ELECTION OF HIS SUCCESSOR. THE MAYOR HOLDING OFFICE AT THE TIME THIS CHARTER BECOMES EFFECTIVE SHALL CONTINUE TO SERVE THE TERM FOR WHICH HE WAS ELECTED.
B. COUNCIL. TWO (2) COUNCILMEMBERS SHALL BE ELECTED FROM EACH WARD. THE REGULAR TERM OF THE COUNCILMEMBERS SHALL BE FOUR (4) YEARS OR UNTIL THEIR SUCCESSORS HAVE BEEN ELECTED, EXCEPT THE TERM OF OFFICE OF THE COUNCILMEMBER FROM EACH WARD ELECTED WITH THE LOWEST NUMBER OF VOTES IN HIS/HER WARD IN THE 1995 ELECTION SHALL SERVE A TWO (2) YEAR TERM IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 6 "REGISTRATION, NOMINATION AND ELECTIONS", SECTION 607 "ELECTION OF MAYOR AND COUNCILMEMBERS", OF THIS CHARTER. THE REGULAR TERMS OF ALL COUNCILMEMBERS SHALL EXPIRE IMMEDIATELY FOLLOWING THE ELECTION AND SWEARING IN OF THEIR SUCCESSORS. THE COUNCILMEMBERS HOLDING OFFICE AT THE TIME THIS CHARTER BECOMES EFFECTIVE SHALL CONTINUE TO HOLD OFFICE FOR THE TERM FOR WHICH THEY WERE ELECTED.
SECTION 303. QUALIFICATIONS
A. MAYOR. THE MAYOR SHALL HAVE RESIDED IN THE TOWN FOR AT LEAST ONE (1) YEAR IMMEDIATELY PRECEDING THE DATE OF ELECTION, BE AT LEAST TWENTY-ONE (21) YEARS OF AGE AND BE A QUALIFIED VOTER OF THE TOWN. HE MUST MAINTAIN A PERMANENT RESIDENCE IN THE TOWN DURING HIS ENTIRE TERM IN OFFICE.
B. COUNCIL. COUNCILMEMBERS SHALL BE AT LEAST TWENTY-ONE (21) YEARS OF AGE, HAVE RESIDED IN THE WARD WHICH THEY SEEK TO REPRESENT FOR AT LEAST ONE (1) YEAR IMMEDIATELY PRECEDING THE DATE OF THE ELECTION AND SHALL BE QUALIFIED VOTERS OF THE TOWN. THEY MUST MAINTAIN RESIDENCE IN THE WARD THEY REPRESENT DURING THEIR ENTIRE TERM OF OFFICE.
C. JUDGE OF QUALIFICATIONS. THE COUNCIL SHALL BE THE JUDGE OF THE ELECTION AND QUALIFICATIONS OF ITS MEMBERS.
SECTION 304. REMUNERATION
THE MAYOR AND EACH COUNCILMEMBER SHALL RECEIVE REMUNERATION FROM THE TOWN IN SUCH AMOUNTS AND UNDER SUCH CONDITIONS AS MAY BE DETERMINED BY ORDINANCE; PROVIDED, HOWEVER, THAT THE SALARY SPECIFIED AT THE TIME A MAYOR OR COUNCILMEMBER TAKES OFFICE SHALL NOT BE CHANGED DURING THE TERM FOR WHICH THAT MAYOR OR COUNCILMEMBER WAS ELECTED. THE ORDINANCE MAKING ANY CHANGE IN THE SALARY PAID TO THE MAYOR AND/OR COUNCILMEMBERS, EITHER BY WAY OF INCREASE OR DECREASE, SHALL BE FINALLY ORDAINED PRIOR TO THE MUNICIPAL ELECTION FOR THE NEXT SUCCEEDING MAYOR AND/OR COUNCILMEMBERS.
SECTION 305. POWERS AND DUTIES
A. MAYOR. THE MAYOR SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(1) THE MAYOR SHALL BE THE CHIEF EXECUTIVE OFFICER
OF THE TOWN.
(2) THE MAYOR EACH YEAR AT THE JULY MEETING, SHALL REPORT TO THE TOWN ON THE CONDITION OF MUNICIPAL AFFAIRS.
(3) THE MAYOR SHALL PRESIDE AT ALL MEETINGS OF THE COUNCIL, AND SHALL HAVE ALL THE PRIVILEGES OF A COUNCILMEMBER IN DEBATE AND VOTE.
(4) THE MAYOR SHALL BE RECOGNIZED AS THE HEAD OF THE TOWN GOVERNMENT FOR ALL CEREMONIAL PURPOSES.
(5) TRANSFER OF MAYORAL DUTIES - IN THE EVENT THE MAYOR, FOR WHATEVER REASON, IS UNABLE TO PERFORM HIS OFFICIAL DUTIES, HE MAY, IN WRITING, ADVISE THE COUNCIL AND ALL MAYORAL DUTIES AND POWERS SHALL BE THEREBY TRANSFERRED TO THE VICE MAYOR. THE VICE MAYOR SHALL CONTINUE TO SERVE IN THAT CAPACITY UNTIL THE MAYOR, BY WRITTEN ADVICE TO THE COUNCIL, SHALL RESUME HIS DUTIES AND POWERS.
(6) THE MAYOR SHALL HAVE SUCH OTHER POWERS AND PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED BY THIS CHARTER OR AS MAY BE REQUIRED OF HIM BY THE COUNCIL, BUT NOT INCONSISTENT WITH THIS CHARTER.
B. COUNCIL. COUNCILMEMBERS SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(1) THE COUNCIL SHALL HAVE ALL LEGISLATIVE POWERS OF THE TOWN.
(2) THE COUNCIL SHALL HAVE SUCH OTHER POWERS AND PERFORM SUCH OTHER DUTIES AS MAY BE PRESCRIBED BY THIS CHARTER, OR BY ORDINANCE, BUT NOT INCONSISTENT WITH THIS CHARTER.
(3) THE COUNCIL SHALL ALSO HAVE INVESTIGATIVE POWERS REGARDING TOWN MATTERS.
SECTION 306. VACANCIES
VACANCIES IN THE OFFICE OF MAYOR OR COUNCILMEMBER, FOR ANY REASON WHATSOEVER, AFTER ADVERTISING, SHALL BE FILLED BY A PROPERLY QUALIFIED PERSON APPOINTED BY A MAJORITY OF THE REMAINING MEMBERS OF THE COUNCIL. THE APPOINTMENT SHALL BE FOR THAT PORTION OF THE UNEXPIRED TERM UNTIL THE NEXT REGULAR TOWN ELECTION, AT WHICH POINT ANY UNEXPIRED TIME REMAINING SHALL BE FILLED BY ELECTION. SHOULD THE COUNCIL NUMBER LESS THAN FOUR (4), THE MAJORITY OF THE COUNCIL SHALL HOLD A SPECIAL ELECTION AS SOON AS LEGALLY POSSIBLE TO FILL THE VACANT COUNCIL SEATS.
SECTION 307. REMOVAL FROM OFFICE
ONCE PROPERLY ELECTED, THE MAYOR OR ANY COUNCILMEMBER MAY BE INVOLUNTARILY REMOVED FROM OFFICE ONLY AS PROVIDED IN THIS SECTION.
A. UPON CONVICTION OF A FELONY.
B. UPON FAILURE TO ATTEND THREE (3) CONSECUTIVE MONTHLY MEETINGS OF THE COUNCIL WITHOUT BEING PROPERLY EXCUSED BY THAT COUNCIL.
C. UPON PRESENTATION TO THE MAYOR OF A PETITION FOR REMOVAL SIGNED BY NOT LESS THAN TWENTY PERCENT (20%) OF THE QUALIFIED VOTERS OF THE WARD IN THE CASE OF A COUNCILMEMBER, OR IN CASE OF THE MAYOR, TWENTY PERCENT (20%) OF THE QUALIFIED VOTERS OF THE TOWN. WITHIN SIXTY (60) DAYS FOLLOWING RECEIPT OF THE PETITION, A REFERENDUM ON THIS QUESTION WILL BE HELD AND THE CONCERNED MEMBER OR MAYOR SHALL BE REMOVED IF APPROVED BY A MAJORITY OF THE VOTERS IN THE WARD OR TOWN, AS MAY BE THE CASE IN QUESTION.
D. FOR REASONS OF DEATH, REFUSAL TO ACT, DISQUALIFICATION
OR RESIGNATION. IN SUCH CASES, THE COUNCIL SHALL SET FORTH, BY RESOLUTION THE REASON FOR REMOVAL, DECLARE THE OFFICE TO BE VACANT AND PROCEED TO FILL THAT VACANCY AS PROVIDED ELSEWHERE IN THIS CHARTER.
SECTION 308. PROCEDURE OF THE COUNCIL
THE COUNCIL SHALL DETERMINE ITS OWN RULES AND ORDER OF BUSINESS. IT SHALL KEEP MINUTES OF ITS PROCEEDINGS AND ENTER THEREIN THE YEAS, NAYS, AND ABSTENTIONS UPON FINAL ACTION OF ANY QUESTION, RESOLUTION OR ORDINANCE, OR AT ANY OTHER TIME IF REQUIRED BY ANY ONE MEMBER. THE MINUTES SHALL BE OPENED TO PUBLIC INSPECTION.
SECTION 309. QUORUM
AT ALL MEETINGS OF THE TOWN COUNCIL, A MAJORITY OF THE MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS, AND FOUR (4) AFFIRMATIVE VOTES SHALL BE NECESSARY FOR THE PASSAGE OF AN ORDINANCE, LAW OR RESOLUTION.
SECTION 310. MEETINGS
ALL MEETINGS OF THE COUNCIL, UNLESS OTHERWISE EXCEPTED BY LAW, SHALL BE OPEN TO THE PUBLIC, AND THE RULES OF THE COUNCIL SHALL PROVIDE THAT RESIDENTS OF THE TOWN SHALL HAVE A REASONABLE OPPORTUNITY TO BE HEARD AT ANY MEETING IN REGARD TO ANY MUNICIPAL QUESTION. ALL MEETINGS OF THE MAYOR AND TOWN COUNCIL SHALL BE HELD AND CONDUCTED IN ACCORDANCE WITH THE MARYLAND OPEN MEETINGS LAW, AS CODIFIED IN THE STATE GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND, AS AMENDED.
A. REGULAR MEETINGS.
THE COUNCIL SHALL MEET REGULARLY AT SUCH TIME AS MAY BE PRESCRIBED BY ITS RULES BUT NOT LESS FREQUENTLY THAN ONCE A MONTH.
B. SPECIAL MEETINGS.
SPECIAL MEETINGS OF THE TOWN COUNCIL MAY AT ANY TIME BE CONVENED BY THE MAYOR, OR AT THE REQUEST OF THREE (3) COUNCILMEMBERS, OR AS MAY BE PRESCRIBED BY ITS RULES.
C. ORGANIZATIONAL MEETING.
FOLLOWING EACH REGULAR MUNICIPAL ELECTION, THE COUNCIL SHALL, WITHIN 45 DAYS OF SAID ELECTION, MEET FOR THE PURPOSE OF ORGANIZATION.
SECTION 311. VICE MAYOR
AT THE ORGANIZATIONAL MEETING, THE COUNCIL SHALL ELECT ONE (1) OF ITS MEMBERS AS VICE MAYOR.
SECTION 312. ORDINANCES; PASSAGE, PUBLICATION AND FILING
A. 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 (6) DAYS NOR MORE THAN SIXTY (60) DAYS AFTER THE MEETING AT WHICH AN ORDINANCE WAS INTRODUCED, THE ORDINANCE SHALL BE PASSED, OR PASSED AS AMENDED, OR REJECTED, OR ITS CONSIDERATION DEFERRED TO SOME SPECIFIED FUTURE DATE. IN CASES OF EMERGENCY, THE REQUIREMENT THAT AN ORDINANCE MAY NOT BE PASSED AT THE MEETING AT WHICH IT IS INTRODUCED MAY BE SUSPENDED BY THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS OF THE COUNCIL. EVERY ORDINANCE, UNLESS IT IS PASSED AS AN EMERGENCY ORDINANCE, SHALL BECOME EFFECTIVE AT THE EXPIRATION OF TWENTY (20) CALENDAR DAYS FROM THE DATE OF THEIR PASSAGE UNLESS OTHERWISE PROVIDED THEREIN. AN EMERGENCY ORDINANCE SHALL BECOME EFFECTIVE ON THE DATE SPECIFIED IN THE ORDINANCE. NO ORDINANCE SHALL BECOME EFFECTIVE UNTIL APPROVED BY THE MAYOR OR PASSED OVER HIS VETO BY THE COUNCIL. ORDINANCES SHALL BE PERMANENTLY FILED BY THE TOWN CLERK IN THE TOWN HALL AND SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION. ORDINANCES SHALL BE PUBLISHED AT LEAST TWICE IN THE TOWN NEWSLETTER OR A NEWSPAPER HAVING GENERAL CIRCULATION IN THE TOWN.
B. IF, BEFORE THE EXPIRATION OF TWENTY (20) CALENDAR DAYS FOLLOWING APPROVAL OF ANY ORDINANCE, A PETITION IS FILED WITH THE MAYOR CONTAINING THE SIGNATURES OF NOT LESS THAN TWENTY PERCENT (20%) OF THE QUALIFIED VOTERS OF THE TOWN AND REQUESTING THAT THE ORDINANCE OR ANY PART THEREOF BE SUBMITTED TO A VOTE OF THE QUALIFIED VOTERS OF THE TOWN FOR THEIR APPROVAL OR DISAPPROVAL, THE MAYOR AND COUNCIL SHALL HAVE THE ORDINANCE OR THE PART THEREOF REQUESTED FOR REFERENDUM SUBMITTED TO A VOTE OF THE QUALIFIED VOTERS OF THE TOWN AT THE NEXT REGULAR TOWN ELECTION OR, AT THE DISCRETION OF THE MAYOR AND THE COUNCIL, AT A SPECIAL ELECTION OCCURRING BEFORE THE NEXT REGULAR ELECTION. NO ORDINANCE, OR THE PART HEREOF REQUESTED FOR REFERENDUM, SHALL BECOME EFFECTIVE FOLLOWING THE RECEIPT OF SUCH PETITION UNTIL AND UNLESS APPROVED AT THE ELECTION BY A MAJORITY OF THE QUALIFIED VOTERS VOTING ON THE QUESTION. AN EMERGENCY ORDINANCE OR THE PART THEREOF REQUESTED FOR REFERENDUM SHALL CONTINUE IN EFFECT FOR SIXTY (60) DAYS FOLLOWING RECEIPT OF SUCH PETITION. IF THE QUESTION OF APPROVAL OR DISAPPROVAL OF ANY EMERGENCY ORDINANCE OR ANY PART THEREOF HAS NOT BEEN SUBMITTED TO THE QUALIFIED VOTERS WITHIN SIXTY (60) DAYS FOLLOWING RECEIPT OF THE PETITION, THEN THE OPERATION OF THE ORDINANCE, OR THE PART THEREOF, REQUESTED FOR REFERENDUM SHALL BE SUSPENDED UNTIL APPROVED BY A MAJORITY OF THE QUALIFIED VOTERS VOTING ON THE QUESTION AT ANY ELECTION. ANY ORDINANCE, OR PART THEREOF, DISAPPROVED BY THE VOTERS SHALL STAND REPEALED. THE PROVISION OF THIS SECTION SHALL NOT APPLY TO ANY ORDINANCE, OR PART THEREOF, PASSED UNDER THE AUTHORITY OF SECTION 718, LEVYING PROPERTY TAXES FOR THE PAYMENT OF INDEBTEDNESS, BUT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY ORDINANCE, OR ANY PART THEREOF, LEVYING SPECIAL ASSESSMENT CHARGES UNDER THE PROVISION OF SECTION 902 OF THIS CHARTER. THE PROVISIONS OF THIS SECTION SHALL BE SELF-EXECUTING. THE MAYOR AND COUNCIL MAY ADOPT ORDINANCES IN FURTHERANCE OF THESE PROVISIONS AND NOT IN CONFLICT WITH THEM.