Article XI - General Provisions

SECTION 1101.OATH OF OFFICE

A. BEFORE ENTERING UPON THE DUTIES OF THEIR OFFICES, THE MAYOR, THE COUNCILMEMBERS, THE CLERK, THE TREASURER, AND ALL OTHER PERSONS ELECTED OR APPOINTED TO ANY OFFICE OF PROFIT OR TRUST IN THE TOWN GOVERNMENT SHALL TAKE AND SUBSCRIBE THE FOLLOWING OATH OR AFFIRMATION.

"I---------------------DO SWEAR (OR AFFIRM, AS THE CASE MAY BE) THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES; THAT I WILL BE FAITHFUL AND BEAR TRUE ALLEGIANCE TO THE STATE OF MARYLAND AND TO SUPPORT THE CONSTITUTION AND LAWS THEREOF; AND THAT I WILL, TO THE BEST OF MY SKILL AND JUDGMENT, DILIGENTLY AND FAITHFULLY, WITHOUT PARTIALITY OR PREJUDICE, EXECUTE THE OFFICE OF-------------ACCORDING TO THE CONSTITUTION AND LAWS OF THIS STATE."

B. THE MAYOR SHALL TAKE AND SUBSCRIBE THIS OATH OR AFFIRMATION BEFORE THE CLERK OF THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY OR BEFORE ONE OF THE SWORN DEPUTIES OF THE CLERK. ALL OTHER PERSONS TAKING AND SUBSCRIBING TO THE OATH SHALL DO SO BEFORE THE MAYOR.

SECTION 1102. OFFICIAL SURETY BONDS

THE CLERK, THE TREASURER AND SUCH OTHER OFFICERS OR EMPLOYEES OF THE TOWN AS THE COUNCIL OR THIS CHARTER MAY REQUIRE SHALL GIVE BOND IN SUCH AMOUNT AND WITH SUCH SURETY AS MAY BE REQUIRED BY THE COUNCIL. THE PREMIUMS ON SUCH BONDS SHALL BE PAID BY THE TOWN.

SECTION 1103. PRIOR RIGHTS AND OBLIGATIONS

ALL RIGHT, TITLE AND INTEREST HELD BY THE TOWN OR ANY OTHER PERSON OR CORPORATION AT THE TIME THIS CHARTER IS ADOPTED IN AND TO ANY LIEN ACQUIRED UNDER ANY PRIOR CHARTER OF THE TOWN, ARE HEREBY PRESERVED FOR THE HOLDER IN ALL RESPECTS AS IF THIS CHARTER HAD NOT BEEN ADOPTED, TOGETHER WITH ALL RIGHTS AND REMEDIES IN RELATION THERETO. THIS CHARTER SHALL NOT DISCHARGE, IMPAIR OR RELEASE ANY CONTRACT, OBLIGATION, DUTY, LIABILITY OR PENALTY WHATEVER EXISTING AT THE TIME OF THIS CHARTER BECOMES EFFECTIVE. ALL SUITS AND ACTIONS, BOTH CIVIL AND CRIMINAL, PENDING OR WHICH MAY HEREAFTER BE INSTITUTED FOR CAUSES OF ACTION NOW EXISTING OR OFFENSE ALREADY COMMITTED AGAINST ANY LAW OR ORDINANCE REPEALED BY THIS CHARTER, SHALL BE INSTITUTED, PROCEEDED WITH, AND PROSECUTED TO FINAL DETERMINATION AND JUDGMENT AS IF THIS CHARTER HAD NOT BECOME EFFECTIVE.

SECTION 1104. EFFECT OF CHARTER ON EXISTING ORDINANCES

A. ALL ORDINANCES, RESOLUTIONS, RULES AND REGULATIONS IN EFFECT IN THE TOWN AT THE TIME THIS CHARTER BECOMES EFFECTIVE WHICH ARE NOT IN CONFLICT WITH THE PROVISIONS OF THIS CHARTER SHALL REMAIN IN EFFECT UNTIL CHANGED OR REPEALED IN ACCORDANCE WITH THE PROVISIONS OF THIS CHARTER.

B. ALL ORDINANCES, RESOLUTIONS, RULES AND REGULATIONS IN EFFECT IN THE TOWN AT THE TIME THIS CHARTER BECOMES EFFECTIVE WHICH ARE IN CONFLICT WITH THE PROVISIONS OF THIS CHARTER SHALL BE AND THE SAME ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT.

SECTION 1105. GENDER

WHENEVER THE MASCULINE GENDER HAS BEEN USED IN THIS CHARTER, IT SHALL BE CONSTRUED TO INCLUDE THE FEMININE GENDER AND VICE VERSA.

SECTION 1106. SEPARABILITY

IF ANY SECTION OR PART OF A SECTION OF THIS CHARTER SHALL BE HELD INVALID BY A COURT OF COMPETENT JURISDICTION, SUCH HOLDING SHALL NOT AFFECT THE REMAINDER OF THIS CHARTER NOR THE CONTEXT IN WHICH SUCH SECTION OR PART OF A SECTION SO HELD INVALID SHALL APPEAR, EXCEPT TO THE EXTENT THAT AN ENTIRE PART OF A SECTION MAY BE INSEPARABLY CONNECTED IN MEANING AND EFFECT WITH THE SECTION OR PART OF A SECTION IN WHICH SUCH HOLDING SHALL DIRECTLY APPLY.

SECTION 1107. ETHICAL RESTRICTIONS REGARDING CONTRACTS

IT SHALL NOT BE LAWFUL FOR ANY MEMBER OF THE TOWN COUNCIL, THE MAYOR AND THE TOWN TREASURER OF THE TOWN OF LANDOVER HILLS, DURING HIS OR HER TERM OF OFFICE, TO BE A PARTY TO, OR TO HOLD, POSSESS, PURCHASE OR ACQUIRE ANY SHARE OR INTEREST IN, ANY AGREEMENT OR CONTRACT MADE, ENTERED INTO OR CONCLUDED WITH ANY PARTY OR PARTIES, CORPORATIONS OR PERSONS WHOMSOEVER BY THE MAYOR AND TOWN COUNCIL IN THEIR CHARACTER AND CAPACITY AS SUCH, OR TO HAVE, RECEIVE, ENJOY OR PARTICIPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY OF THE BENEFITS, PROFITS OR EMOLUMENTS OF ANY SUCH AGREEMENT OR CONTRACT. ANY MAYOR, COUNCILMEMBER OR TREASURER WHO SHALL VIOLATE THE AFORESAID PROVISIONS DURING HIS TERM OF OFFICE SHALL FORTHWITH FORFEIT HIS OFFICE AND HIS VACANCY SHALL BE FILED BY THE MAYOR AND TOWN COUNCIL. HE FURTHER SHALL BE SUBJECT TO INDICTMENT, AS PROVIDED BY LAW, AND UPON CONVICTION SHALL FURTHER FORFEIT AND PAY OVER TO THE TOWN HIS SHARE OF INTEREST IN THE AGREEMENT OR CONTRACT OR CLAIM, AS AFORESAID, AS THE CASE MAY BE.