Title 2 ADMINISTRATION
Chapter 2.04 MEETINGS AND PROCEDURES OF THE COUNCIL
2.04.010 Council meetings and work sessions.
2.04.020 Agenda and order of business.
2.04.030 Procedure for handling citizen requests for placing items on Council agenda.
2.04.040 Ordinances and resolutions defined.
2.04.050 Procedure for adoption of ordinances and resolutions.
2.04.060 Fiscal notes.
2.04.070 Changes in rules.
2.04.080 Parliamentary authority.
2.04.090 Proclamations.
2.04.100 Salary of Mayor and Councilmembers.
2.04.110 Periodic review of council compensation.
2.04.010 Council meetings and work sessions.
A. Council Meetings. The Council generally shall hold meetings in the
Takoma Park Community Center and Sam Abbott Citizens’ Center unless the
Council shall for any meeting prescribe a different place. Except during periods
of recess, the Council shall generally meet twice each month.
B. Special
Sessions and Public Hearings. In addition to the Council meetings specified in
subsection (A) of this section, the Council may at any time hold special
sessions or public hearings. Unless otherwise determined by the Council, these
meetings shall be held in the Takoma Park Community Center and Sam Abbott
Citizens’ Center.
C. Work sessions. In addition to the meetings
specified in subsections (A) and (B) of this section, the Council shall hold
work sessions at which Councilmembers shall discuss City business but may not
adopt ordinances or resolutions. Unless otherwise determined by the Council,
work sessions are held twice each month in the Takoma Park Community Center. At
its discretion, the Council may hold additional work sessions in any month. Work
sessions are open to the public, except when closed in accordance with State
law.
D. Written minutes of all Council meetings and work sessions shall be
prepared in accordance with the Maryland Open Meetings Act. (Ord. 2006-1,
2006/Ord. 2004-3 (part), 2004)
2.04.020 Agenda and order of business.
A. A written agenda for each Council meeting and work session shall
generally be made available to the public no later than noon on the day of the
meeting, unless the meeting is a special session called on an emergency basis.
In that case, an agenda shall be available to the public as soon as possible.
The agenda shall list the items to be considered at that meeting, briefly
describe each item and, for Council meetings, state what action, if any, the
Council plans to take on that agenda item.
B. Items not on the written
agenda of a Council meeting or work session are considered when a majority of
the Councilmembers present determine that circumstances require timely
consideration of that item. In such cases, the Mayor shall announce the
additional item at the beginning of the meeting or work session.
C. Council
meetings include a public comment period, during which citizens may address the
Council concerning issues not on the agenda for that meeting.
D. At each
Council meeting, citizens also shall be given an opportunity to address the
Council concerning items on the agenda.
E. The Council may adopt rules of
procedure governing the conduct of Councilmembers and citizens at Council
meetings and work sessions. (Ord. 2004-3 (part), 2004)
2.04.030 Procedure for handling citizen requests for placing items on Council agenda.
A. The following procedure shall be followed:
1. A citizen’s
request to place an item on the agenda shall be in writing and shall clearly
state the issue.
2. Upon receipt of the citizen’s written request, the
Mayor shall determine whether the item is one for further Council consideration
or a matter which can be responded to in a follow-up letter, by a directive for
action to staff or by an administrative report at a future Council
meeting.
B. If the matter does not lend itself to a clear resolution via the
procedures delineated in Subsection (A)(2) of this Section, the Council, at its
next work session, shall determine whether or not the matter should be placed on
the Council agenda. The decision of the Council shall be communicated to the
citizen making the request. (Ord. 2004-3 (part), 2004)
2.04.040 Ordinances and resolutions defined.
A. Ordinances generally amend, affect or repeal City law, whether an
ordinance is codified or not.
B. Resolutions. There are 2 types of
resolutions: simple resolutions and substantive resolutions.
1. Simple
resolutions are not law, but are merely expressions of the opinion of the
Council. Simple resolutions are used, for example, to establish or make
appointments to various City commissions and task forces, to set forth positions
of support or opposition of the City government on a particular subject, to
accept reports of various committees, to express congratulations or condolences
or other matters of a nonsubstantive or personal import.
2. Substantive
resolutions have the force and effect of law. Substantive resolutions are used,
for example, to amend the Charter. (Ord. 2004-3 (part), 2004)
2.04.050 Procedure for adoption of ordinances and resolutions.
A. Except as otherwise provided in this Section, ordinances shall be read
at 2 meetings of the Council prior to adoption.
1. The first reading of an
ordinance introduces the ordinance to Councilmembers for study and consideration
and provides an opportunity for citizen input.
2. At the second reading, the
Council may adopt an ordinance with or without amendment.
B. The following
classes of ordinances may be adopted after one reading at a meeting of the
Council:
1. Ordinances dealing with appropriations of funds from the adopted
fiscal year budget, or approved community development block grant
program.
2. Ordinances that are necessary to meet a public emergency
affecting the public health, safety and welfare.
a. Emergency ordinances
must include a section of legislative findings describing the claimed emergency
in clear and specific terms and declaring that the ordinance is necessary for
the immediate protection of public health, safety or welfare.
b. Emergency
ordinances are effective immediately after adoption.
C. Resolutions require
one reading at a meeting of the Council prior to adoption.
D. The
affirmative vote of a majority of Councilmembers present at a meeting shall be
required for adoption of an ordinance or resolution. (Ord. 2004-3 (part),
2004)
2.04.060 Fiscal notes.
A. Preparation of Fiscal Notes.
1. Except as provided in Subsections
(4) and (5) of this Section, the City Manager or his or her designee, with the
assistance of appropriate department heads, shall prepare or cause to be
prepared a fiscal note for each ordinance.
2. The City Manager or his or her
designee shall submit a fiscal note for an ordinance to the Council prior to the
first reading of the ordinance.
3. Notwithstanding the foregoing, a fiscal
note may be prepared and submitted to the Council prior to the second reading of
an ordinance if the Mayor certifies that prompt Council action on an ordinance
is necessary.
4. Unless an ordinance provides for expenditures in excess of
the budgeted amount, a fiscal note is not necessary for an ordinance providing
for expenditures specifically authorized in the current fiscal year budget
ordinance or resolution or in an ordinance or resolution revising that
budget.
5. A fiscal note is not necessary for emergency ordinances as
defined in Section 2.04.050(B)(2).
B. Contents of Fiscal Notes.
1. A
fiscal note for an ordinance shall contain an estimate of the fiscal impact of
the ordinance on the revenues and expenditures of the City
government:
a. During the year in which the ordinance is to become effective
and the next year after, as applicable; or
b. If the full fiscal impact of
an ordinance is not expected to occur during those years, the first year during
which that impact is expected to occur.
2. A fiscal note shall identify the
sources of information used in preparing the estimate of fiscal
impact.
C. Copies.
1. The City Manager or his or her designee shall keep
a copy of each fiscal note for 3 years after preparation of the
note.
2. Copies of fiscal notes are available for public
inspection.
D. The validity of an ordinance is not affected by the presence,
absence or content of a fiscal note. (Ord. 2004-3 (part), 2004)
2.04.070 Changes in rules.
Any rule of procedure may be temporarily waived by a majority vote of the
Councilmembers present, but any permanent amendment to a rule must be by
ordinance or resolution, as appropriate. (Ord. 2004-3 (part), 2004)
2.04.080 Parliamentary authority.
Robert’s Rules of Order is the recognized authority as to any matter
of procedure not covered by this Chapter or by rules adopted by the Council
pursuant to Section 2.04.020(E). (Ord. 2004-3 (part), 2004)
2.04.090 Proclamations.
The Mayor, at his or her sole discretion, may make ceremonial
proclamations that shall be read into the record during Council meetings.
Proclamations shall not have any substantive effect or fiscal impact. (Ord.
2004-3 (part), 2004)
2.04.100 Salary of Mayor and Councilmembers.
A. The Mayor shall receive an annual salary of $8,000.00, payable
biweekly. Effective for the members of the Council who take office following the
November 2007 election, the Mayor shall receive an annual salary of
$13,000.00.
B. Each Councilmember shall receive an annual salary of
$6,000.00, payable biweekly. Effective for the members of the Council who take
office following the November 2007 election, each Councilmember shall receive an
annual salary of $10,000.00. (Ord. 2007-42, 2007: Ord. 2004-3 (part),
2004)
2.04.110 Periodic review of council compensation.
A. Council Compensation Committee. The Council shall appoint a committee
of City residents, every 4 years beginning with calendar year 2007, to serve as
the Council Compensation Committee. The Committee shall review the salaries of
the Mayor and Councilmembers and make recommendations to the Council whether or
not such salaries should be changed.
B. Principles of Compensation. The
Council Compensation Committee shall apply the following principles to guide its
recommendations:
1. The positions of Mayor and Councilmember are part-time
and should be treated that way;
2. Full monetary compensation for the Mayor
and Councilmembers is not appropriate;
3. It is appropriate to monetarily
compensate the Mayor and Councilmembers to some extent for their
work;
4. Monetary compensation creates an obligation for the Mayor and
Councilmembers to perform their jobs;
5. Monetary compensation provides
status to the Mayor and Councilmembers;
6. The Mayor’s salary should
be greater than that of Councilmembers; and
7. Compensation for the Mayor
and Councilmembers should be comparable to Maryland municipalities of similar
size and complexity.
C. Effective Date of Council Salary Adjustment. Any
change in the salary paid to the Mayor and Councilmembers is adopted prior to
the next municipal election and takes effect only as to the next succeeding
Mayor and Councilmembers as prescribed in Sections 302(c) and 304(c) of the
Municipal Charter. (Ord. 2004-3 (part), 2004)
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