Article IV - Administration

SECTION 401. AUTHORIZATION OF OFFICERS AND DEPARTMENTS; APPOINTMENTS

THE MAYOR AND COUNCIL ARE AUTHORIZED TO ESTABLISH SUCH DEPARTMENTS, BOARDS, COMMITTEES AND COMMISSIONS AS THE TOWN GOVERNMENT MAY REQUIRE. THE MAYOR AND COUNCIL MAY ALSO APPOINT, BY MAJORITY VOTE, HEADS OF DEPARTMENTS, ALL POLICE PERSONNEL, MEMBERS OF BOARDS, COMMITTEES AND COMMISSIONS. SUCH OFFICERS SHALL INCLUDE, BUT NOT BE LIMITED TO, A TOWN MANAGER, AN AUDITOR, CHIEF OF POLICE AND A TOWN ATTORNEY; AND, THEY SHALL RECEIVE SUCH COMPENSATION AS MAY BE AUTHORIZED BY THE MAYOR AND COUNCIL. SUCH OFFICERS SHALL SERVE AT THE PLEASURE OF THE MAYOR AND COUNCIL; HOWEVER, POLICE OFFICERS SHALL BE REMOVED AS OTHERWISE PROVIDED BY LAW.

SECTION 402. TOWN MANAGER

THE TOWN MANAGER SHALL BE THE CHIEF ADMINISTRATIVE OFFICER OF THE TOWN, AND SHALL BE DIRECTLY RESPONSIBLE TO THE MAYOR AND COUNCIL FOR THE ADMINISTRATION OF ALL DEPARTMENTS, OFFICES AND AGENCIES OF THE TOWN, EXCEPT FOR THOSE BOARDS, COMMISSIONS, AND COMMITTEES WHICH BY LAW REPORT DIRECTLY TO THE MAYOR AND COUNCIL. THE TOWN MANAGER SHALL ADMINISTER PERSONNEL AFFAIRS OF THE TOWN. HE SHALL BE RESPONSIBLE FOR THE ENFORCEMENT OF ALL PERSONNEL RULES AND REGULATIONS ADOPTED BY THE COUNCIL. HE SHALL EXERCISE ADMINISTRATIVE CONTROL OVER ALL TOWN DEPARTMENTS AND AGENCIES. HE SHALL NOMINATE AND RECOMMEND REMOVAL OF, DEPARTMENT AND AGENCY HEADS. HE SHALL SUPERVISE, ALL OTHER SUBORDINATE TOWN EMPLOYEES, ON THE BASIS OF MERIT. THE TOWN MANAGER MAY ALSO HEAD ONE OR MORE DEPARTMENTS WITH THE APPROVAL OF THE MAYOR AND COUNCIL, AND SHALL PERFORM SUCH OTHER DUTIES AND FUNCTIONS AS MAY BE DIRECTED BY ORDINANCE OR RESOLUTION. THE TOWN MANAGER SHALL ATTEND ALL MEETINGS OF THE MAYOR AND COUNCIL AND SHALL HAVE THE RIGHT TO PARTICIPATE IN DISCUSSION, BUT MAY NOT VOTE.

SECTION 403. TOWN CLERK

THE TOWN CLERK SHALL SERVE AS CLERK TO THE COUNCIL. AT THE DIRECTION OF THE TOWN MANAGER HE SHALL ATTEND MEETINGS OF THE COUNCIL AND KEEP A FULL AND ACCURATE ACCOUNT OF THE PROCEEDINGS OF THE COUNCIL. HE SHALL KEEP SUCH OTHER RECORDS AND PERFORM SUCH OTHER DUTIES AS MAY BE REQUIRED BY THIS CHARTER OR THE COUNCIL.

SECTION 404. TOWN ATTORNEY

THE MAYOR AND COUNCIL MAY APPOINT A TOWN ATTORNEY. THE TOWN ATTORNEY SHALL BE A MEMBER OF THE BAR OF THE MARYLAND COURT OF APPEALS. THE TOWN ATTORNEY SHALL BE THE LEGAL ADVISOR OF THE TOWN AND SHALL PERFORM SUCH DUTIES IN THIS CONNECTION AS MAY BE REQUIRED BY THE COUNCIL OR THE MAYOR. HIS COMPENSATION SHALL BE DETERMINED BY THE COUNCIL. THE TOWN SHALL HAVE THE POWER TO EMPLOY OTHER LEGAL CONSULTANTS AS IT DEEMS NECESSARY FROM TIME TO TIME.

SECTION 405. AUTHORITY TO EMPLOY PERSONNEL

THE TOWN SHALL HAVE THE POWER TO EMPLOY SUCH OFFICERS AND EMPLOYEES AS IT DEEMS NECESSARY TO EXECUTE THE POWERS AND DUTIES PROVIDED BY THIS CHARTER OR OTHER STATE LAW AND TO OPERATE THE TOWN GOVERNMENT. ALL SUBORDINATE OFFICERS AND EMPLOYEES OF THE OFFICES, DEPARTMENTS, AND AGENCIES OF THE TOWN GOVERNMENT, OTHER THAN THOSE APPOINTED BY THE COUNCIL UNDER THE AUTHORITY OF SECTION 401 ABOVE, SHALL BE APPOINTED AND REMOVED BY THE TOWN MANAGER IN ACCORDANCE WITH THE RULES AND REGULATIONS OF ANY MERIT SYSTEM WHICH MAY BE ADOPTED BY THE COUNCIL.

SECTION 406. RETIREMENT SYSTEM

THE TOWN SHALL HAVE THE POWER TO DO ALL THINGS NECESSARY TO INCLUDE ITS OFFICERS AND EMPLOYEES, OR ANY OF THEM WITHIN A RETIREMENT SYSTEM OR PENSION SYSTEM UNDER THE TERMS OF WHICH THEY ARE ADMISSIBLE, AND TO PAY THE EMPLOYER'S SHARE OF THE COST OF ANY SUCH RETIREMENT OR PENSION SYSTEM OUT OF THE GENERAL FUNDS OF THE TOWN.

SECTION 407. COMPENSATION OF EMPLOYEES

THE COMPENSATION OF ALL OFFICERS AND EMPLOYEES OF THE TOWN SHALL BE SET FROM TIME TO TIME BY RESOLUTION PASSED BY THE COUNCIL, EXCEPT THAT THE SALARIES OF THE MAYOR AND COUNCIL SHALL BE ESTABLISHED AS PROVIDED ELSEWHERE IN THIS CHARTER.

SECTION 408. EMPLOYEE BENEFIT PROGRAMS

THE TOWN IS AUTHORIZED AND EMPOWERED, BY RESOLUTION, TO PROVIDE FOR OR PARTICIPATE IN HOSPITALIZATION OR OTHER FORMS OF BENEFIT OR WELFARE PROGRAMS FOR ITS OFFICERS AND EMPLOYEES, AND MAY EXPEND PUBLIC MONIES OF THE TOWN FOR SUCH PROGRAMS.

SECTION 409. LEGAL DEFENSE OF TOWN OFFICIALS AND EMPLOYEES

THE TOWN MAY PROVIDE FOR PROPER LEGAL DEFENSE OF ITS OFFICIALS AND EMPLOYEES, PAST AND PRESENT, WHEN THEY ARE PARTIES TO SUITS ARISING FROM THE LAWFUL PERFORMANCE OF THEIR DUTIES. THE TOWN MAY COMPLY WITH THIS SECTION BY PAYING THE COSTS OF INSURANCE POLICIES OR OTHER PROGRAMS OFFERING SUCH PROTECTION. THE TOWN ATTORNEY MAY BE USED IN THIS DEFENSE OR THE TOWN COUNCIL MAY PROVIDE SPECIAL LEGAL COUNSEL WHEN IT WOULD NOT BE APPROPRIATE OR CONVENIENT FOR THE TOWN ATTORNEY TO CONDUCT THE DEFENSE.

SECTION 410. ESTABLISHMENT OF A MERIT SYSTEM

A. THE MAYOR AND COUNCIL SHALL HAVE THE POWER TO ADOPT BY RESOLUTION SUCH RULES AND REGULATIONS GOVERNING THE OPERATION OF A MERIT SYSTEM FOR ALL EMPLOYEES OF THE TOWN OF LANDOVER HILLS AS IT DEEMS DESIRABLE OR NECESSARY. THIS SYSTEM SHALL PROVIDE THE MEANS TO RECRUIT, SELECT, DEVELOP AND MAINTAIN AN EFFECTIVE AND RESPONSIVE WORK FORCE WHICH WILL MEET THE SOCIAL, ECONOMIC AND SERVICE REQUIREMENTS OF THE CITIZENS OF THE TOWN OF LANDOVER HILLS. AMONG OTHER THINGS, THESE RULES AND REGULATIONS MAY PROVIDE FOR COMPETITIVE EXAMINATION, THE USE OF ELIGIBLE LISTS, A CLASSIFICATION PLAN, A COMPENSATION PLAN, A PROBATION PERIOD, APPEALS BY EMPLOYEES INCLUDED WITHIN THE CLASSIFIED SERVICE FROM DISMISSAL OR OTHER DISCIPLINARY ACTION, AND VACATION AND SICK LEAVE REGULATIONS.

B. A POLICY OF NONDISCRIMINATION IS ESTABLISHED. ALL PERSONNEL ACTIONS SHALL BE MADE WITHOUT REGARD TO RACE, SEX, COLOR, RELIGION, NATIONAL ORIGIN OR POLITICAL AFFILIATION AND SHALL BE BASED ON OBJECTIVE MEASUREMENTS OF MERIT AND FITNESS.