Code Index | Title: 1,
2, 3,
4, 5,
6,
7,
8, 9,
10, 11,
12, 13,
14,
15,
16, 17
Title 2: Administration and Personnel
2.04 Board of Commissioners
2.08 Town Manager
2.12 Town Clerk
2.16 Town
Treasurer
2.20 Chief of Police and Other Police Officers
2.24
Town Officers Generally
2.28 Elections
2.32 Code of
Ethics
2.50.20
Employee Salary Chart
2.80
Citizen Advisory Committee
Chapter 2.04: BOARD OF COMMISSIONERS
2.04.010 Legislative procedures.
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Every ordinance passed by the commissioners shall be
recorded in an ordinance book and attested to by the
town clerk. The president of the board of
commissioners shall sign every ordinance immediately
after the proper passage. The ordinance must then be
immediately placed in the hands of the mayor for his
approval or rejection, and the mayor shall approve
or reject the ordinance within ten days after
passage by the board of commissioners. The mayor
shall endorse each ordinance as "approved" or
"vetoed" and date his action. If an ordinance is
passed by the commissioners over the veto of the
mayor, the town clerk shall so certify and indicate
the date of such action. The effective date of each
ordinance shall be either that date on which the
mayor approves the ordinance or the date on which
the ordinance is passed by the commissioners over
the veto of the mayor.
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Every ordinance passed shall amend, repeal or
re-enact, or change a chapter or chapters of this
Code or enact a new chapter or chapters, section or
sections and make proper reference to this Code.
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Where is no particular form in which any ordinance
need be passed other than that mentioned in this
chapter. When an existing ordinance is changed by a
new ordinance, such amendment or revision may be
accomplished by referring to the chapter and section
and the sentences or words therein to be changed. No
one ordinance, whether it be accomplishing passage
of a new ordinance or revision of an old ordinance,
shall deal with more than one chapter of this Code
at a time; but such ordinance may deal with more
than one section or subsection at a time within the
same chapter.
-
Each commissioner, the mayor, the town attorney and
town administrator shall be supplied with an
up-to-date Charter and Code of the town and supplied
a copy of each ordinance, resolution, Charter
Amendment, or order which has been passed, for the
purpose of keeping the copy of the Charter and Code
of Emmitsburg up-to-date. In addition, the town
clerk will keep an up-to-date Charter and Code of
the town. Each copy of these ordinances,
resolutions, Charter and amendments or order shall
be signed by the necessary town officers, the same
as if it were for the town ordinance book. Each
commissioner, the mayor, the town attorney, and the
town clerk shall, upon leaving office, transfer his
or her up-to-date copy of the Charter and Code of
the town to his or her successor.
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Every ordinance shall be published either by a copy
thereof being inserted in some newspaper published
in the town or by setting up or posting copies at
the town offices and not less than one other public
place in the town, as selected by the mayor. Such
publication shall be made for a period of not less
than ten days within two weeks after the effective
date of the ordinance. The town clerk shall certify
as to the publication thereof in the ordinance book
at the conclusion of the publication period. (Ord.
99-11, 1999: prior code Art. II, § 1)
2.04.020 Organization of commissioners.
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It shall be the duty of the commissioners at their
first meeting following the annual election in each
year to elect one commissioner as president of the
board to serve for one year and until his successor
is duly elected and qualified.
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The commissioners shall meet on the first and Third
Monday of every month, or as scheduled and/or
amended. at the hour of seven-thirty p.m. at the
town office. If a holiday falls on the first Monday
the meeting will be the following Tuesday, if a
holiday falls on the third Monday the meeting will
be on the following Wednesday. Upon the sixth
missed meeting in any one-year period (from July 1
through June 30) by the mayor and/or any
commissioner that individual will forfeit fifty
dollars ($50.00) of their annual salary. The
commissioner will also forfeit additional fifty
dollars ($50.00) for each additional meeting missed
during that same one year period. (Ord. 05-02 § 1:
Ord. 04-15:Prior code Art. II, § 2) (Ord. No.
09-04, 3-2-09)
2.04.030 President of commissioners—Duties and powers.
The president of the commissioners shall preside at all
meetings, maintain order and promote the dispatch of
business. During the absence or incapacity of the mayor,
the president shall be acting mayor with all the rights,
powers and duties of the mayor except the power to
remove officials appointed by the mayor. In the absence
or incapacity of the president, or when he is acting
mayor, the remaining commissioners shall appoint one
commissioner as president pro-tempore. (Prior code Art.
II, § 3)
2.04.040 Acquisition of property.
The board of commissioners shall have the authority to
acquire by conveyance, purchase or condemnation real or
leasehold property which is necessary for any public
purpose. The board of commissioners shall have the
authority to take by gift, grant, bequest, or devise or
to hold real and personal property absolutely or in
trust for parks or gardens, or for the erection of
statues, monuments, buildings or structures, or for any
public use, upon such terms and conditions as may be
prescribed by the grantor or donor, and accepted by the
board of commissioners. (Ord. 86-3 § 1)
2.04.050 Sale of property.
The board of commissioners shall have the authority to
sell, at public or private sale, real or leasehold
property which belongs to the town when the board of
commissioners shall determine that such property is no
longer needed for public purposes. Prior to any such
conveyance of real or leasehold property, the board of
commissioners shall give twenty (20) days' public
notice. (Ord. 86-3 § 2)
2.04.060 Other conveyances.
The board of commissioners may convey real and personal
property taken by gift, grant, bequest or devise,
subject to the terms and conditions of the original
grant, whenever the board of commissioners shall
determine that such property is no longer needed for
public purposes. (Ord. 86-3 § 3)
Chapter 2.08: TOWN MANAGER
2.08.010 Town manager— Appointment, removal, duties and
responsibilities.
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There shall be a town manager appointed by the mayor
with the approval of the board of commissioners.
His/her compensation shall be determined by the
board of commissioners. The financial powers of the
town, except as otherwise provided by the ordinance
codified in this section, shall be exercised by the
town manager under the direct supervision of the
mayor.
-
The town manager may be removed from office for
cause as outlined in the town's employee handbook.
Where circumstances warrant, the board of
commissioners may give the town manager thirty (30)
days' notice of the expiration of his/her
appointment.
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Thee duties and responsibilities of the town manager
shall include the following under the supervision of
the mayor:
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He/she shall organize, direct and supervise the
administration and personnel of all departments of
the town, including the departments of public works,
the department of finance, the department of
planning and zoning, and the town clerk, and to
further include such departments and agencies which
the mayor may from time to time create and place
under his/her supervision;
-
He/she shall make recommendations for the board of
commissioners to appoint, and when he/she deems it
necessary and in the best interest of the town,
recommend the suspension or removal of any town
employee for sufficient cause as outlined in the
employee handbook. Only the mayor and board of
commissioners have the power to appoint, suspend or
remove any town employee;
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He/she shall see that all laws and provisions of the
town Charter and acts of the mayor and board of
commissioners are faithfully executed;
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He/she shall prepare and submit to the mayor and
board of commissioners by May of each year a
proposed budget for the town, the same to include
both revenue and expenditure estimates for the
coming fiscal year;
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He/she shall attend all public meetings of the board
of commissioners and any other meetings which the
mayor deems necessary;
-
He/she shall arrange for the taking of minutes of
all board of commissioners meetings and review them
to ensure that a full and accurate account of the
proceedings of the board of commissioners have been
made;
-
He/she shall undertake such research and make
reports and recommendations as the mayor may direct
or which he/she may deem desirable and in the best
interests of the town;
-
He/she shall keep the board of commissioners fully
informed as to the financial condition and future
needs of the town. He/she shall submit to the board
of commissioners an annual report on the finances
and administrative activities of the town at the end
of each fiscal year;
-
He/she shall purchase materials, equipment, supplies
and services when not in excess of the dollar amount
prescribed by the board of commissioners;
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Ascertain that all taxable property within the town
is assessed for taxation;
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He/she shall oversee the collection of all taxes,
special assessments, license fees, liens, and other
revenues (including utility revenues) of the town,
and all other revenues for whose collection the town
is responsible, and oversee the receipt of any funds
receivable by the town;
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Oversee the use of all public moneys, belonging to
or under the control or the town;
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Do such other things in relation to the fiscal or
financial affairs of the town as the mayor or the
board of commissioners may require or as may be
required by the Charter or its ordinances. (Ord.
94-6 § 1 (4): prior code Art. II, § 4)
Chapter 2.12: TOWN CLERK
2.12.010 Town clerk—Appointment, removal, duties and
responsibilities.
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There shall be a town clerk appointed by the mayor
with the approval of the board of commissioners.
His/her compensation shall be determined by the
board of commissioners, The administrative and
financial duties of the town, as discussed by this
chapter as well as in the Charter, shall be
exercised by the town clerk under the direct
supervision of the town manager.
-
The town clerk may be removed from office for cause
as outlined in the town's employee handbook. Where
circumstances warrant, the board of commissioners
may give the town clerk thirty (30) days' notice of
the expiration of his/her appointment.
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Under the supervision of the town manager, the clerk
shall have the authority and shall be required to:
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Assist the town manager in the preparation of an
annual budget to be submitted by the mayor to the
board of commissioners;
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Maintain a general accounting system for the town in
such form as the board of commissioners may require,
not contrary to state law;
-
Assist the town manager in the collection of all
taxes, special assessments, license fees, liens, and
all other revenues (including utility revenues) of
the town, and all other revenues for whose
collection the town is responsible, and receive any
funds receivable by the town;
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Do such other things in relation to the fiscal or
financial affairs of the town as the town manager,
mayor or the board of commissioners may require or
as may be required elsewhere in the Charter or other
ordinances.
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The clerk shall record all ordinances as provided in
Section 2.04.010, and shall record all orders or
resolutions passed by the commissioners and publish
them in such manner as the commissioners may direct.
The clerk shall perform all such other duties which
may, from time to time, be assigned to him/her by
the mayor or the board of commissioners. (Ord.
94-6 § 1(5): prior code Art. II, § 5)
Chapter 2.16: TOWN TREASURER
2.16.010 Treasurer—Appointment, powers, duties, bond,
compensation and records.
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At the organization meeting of the commissioners
each year or as soon thereafter as possible, the
board of commissioners shall elect from among their
membership a treasurer of the board of commissioners
to act as town treasurer, pursuant to Article II,
Section 15, of the Charter of the town of
Emmitsburg, Maryland.
-
The treasurer shall qualify by giving bond for such
amount as set by the commissioners with good and
sufficient surety to be approved by the mayor,
premium if any to be paid by the town.
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The treasurer shall receive and take into his charge
all moneys of the corporation collected by the
persons authorized to collect the same and from
whatsoever source received and pay moneys on order
of the commissioners approved by the mayor or over
his veto as provided for in the Charter, and shall
perform such other duties that may be from time to
time assigned to him by the mayor and commissioners.
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The treasurer's records shall show the source of all
receipts and classification of the same and the
payee of all the disbursements and classification of
the same in accordance with the classification of
the receipts and disbursements as designated by the
commissioners in their annual budget.
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The treasurer shall receive such compensation for
his services as determined by the mayor and
commissioners at the organizational meeting each
year. (Prior code Art. II, § 7)
Chapter 2.20: CHIEF OF POLICE AND OTHER POLICE OFFICERS
2.20.010 Chief of police— Appointments, powers, duties,
term, compensation and records.
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At the organization meeting of the commissioners
each year, or as soon thereafter as possible, the
mayor, with the consent and approval of the
commissioners, shall appoint a chief of police to
serve at the pleasure of the mayor at such
compensation as determined by the mayor and
commissioners.
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The chief of police and all additional police
officers shall have all the powers of a constable or
deputy sheriff within the police limits of the town
and shall perform such duties assigned to him by the
mayor and commissioners.
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The chief of police shall keep a record of all
arrests made, warrants and other papers served,
including papers served for other governmental
agencies, and such financial records as required by
resolution of the mayor and commissioners.
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The mayor, with the consent and approval of the
commissioners, shall appoint such other policemen
and other similar officers, as may from time to time
be required, at such compensation as determined by
the mayor and commissioners. (Ord. 79-4 § 1: prior
code Art. II, § 8)
Chapter 2.24:TOWN OFFICERS GENERALLY
2.24.010 Appointment of officers and employees.
The mayor, with the consent and approval of the
commissioners, shall from time to time appoint all other
officers and employees who may be necessary or desirable
to serve at such times and at such compensation as set
by the mayor and commissioners. (Prior code Art. II, §
11)
2.24.020 Oaths of office.
The following appointment officials shall each take and
subscribe to the oath of office as prescribed by the
Constitution and laws of the state of Maryland, each
oath to be recorded in a book kept for that purpose by
the town clerk, with the oath to be administered by the
mayor:
The town clerk, treasurer, chief of police, other
policemen, and judges of election. (Prior code Art. II,
§ 10)
2.24.030 Salaries of elected officers.
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The mayor shall receive compensation of Eight
thousand dollars ($8,000.00) annually, which shall
be paid to him/her in monthly installments.
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Each commissioner shall receive compensation of four
thousand dollars ($4,000.00) annually, which shall
be paid to him/her in monthly installments.
(Ord. 97-06: Ord. 91-2 § 1: prior code Art.
II, § 12) (Ord. 11-05)
Chapter 2.28: ELECTIONS
2.28.010 Elections--Registration.
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Registration with the Frederick
County Board of Elections, by a voter who has been a
resident of the town of Emmitsburg for thirty (30)
days or more prior to the election in which he/she
seeks to vote shall be deemed registered to vote in
the town of Emmitsburg. An individual who
wishes to vote shall register with the Frederick
County board of elections in accordance with the
regulations established for registration from time
to time by the Frederick County board of elections.
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Elections will be held on the
Tuesday preceding the first Monday in May through
the year 2006. Beginning in election year 2007, and
in each election year thereafter, elections will be
held on the Tuesday preceding the first Monday in
October.
-
Thirty days prior to any town
election, the town clerk shall obtain from the
Frederick County board of elections a certified list
of registered voters who reside in the town of
Emmitsburg. Only persons who reside in the
town of Emmitsburg and whose name appears on the
certified list of registered voters may vote in a
town election.
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An individual whose name does not
appear on the certified list of registered voters
but who claims to be entitled to vote, shall be
issued and be permitted to vote with a provisional
ballot. Thereafter, the election judges shall
determine whether the omission of that individual's
name from the certified list was the result of an
inadvertent mistake made in the registration
process. That individual's vote shall be
counted only if it is determined by the election
judges that such an inadvertent mistake was made in
the registration process and that, absent that
mistake, the individual would have been authorized
to vote. Otherwise, the vote will not be
counted. Any person aggrieved by this
determination may request judicial review of that
determination pursuant to Title 7, chapter 200 of
the Maryland Rules of Procedure. (Ord. 04-20/
(part))
2.28.020 Elections--Judges of Elections.
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The
town clerk shall advertise for three election judges
and one alternate election judge not less than sixty
(60) days prior to a town election. Such
advertisement shall be in a newspaper of general
circulation in the town and in an announcement
posted on the town bulletin board(s). The mayor,
with the consent and approval of the commissioners,
shall appoint three persons who are registered and
qualified voters in Emmitsburg, Maryland, to act as
judges of elections, and one person who is a
registered and qualified voter in Emmitsburg,
Maryland to act as an alternate election judge. The
town clerk shall notify in writing the persons
appointed as election judges and alternate election
judge of their appointment. The town clerk shall
post the names of the three appointed election
judges and the one appointed alternate election
judge on the town bulletin board(s) not less than
thirty (30) days prior to an election. Election
judges shall serve only for the election for which
they were appointed. Election judges shall be
appointed for each election. During the time of
acting as a judge, these persons must not hold or be
a candidate for any other Emmitsburg public office.
Any vacancy in the list of judges occurring between
their appointment and the election shall be filled
by the mayor.
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The
judges of elections shall conduct and supervise the
election for which they have been appointed and
shall receive such compensation as set by the mayor
and commissioners.
-
The
appointed alternate shall undertake the duties of an
election judge only when an election judge is absent
or unable to perform the duties as an election
judge. (Ord. 04-20 (part))
2.28.030 Elections--Filing of Candidates.
All
candidates for mayor and commissioners shall file
written application for candidacy with the town clerk no
later than twenty-one (21) business days prior to the
date of the election. Upon receipt of any written
application by the town clerk, the name of the
candidates so applying will be posted on the town
bulletin board the way in which it appears on the
application. All applications shall be kept on
file in the town office for a period of three months
after the election. Each candidate filing shall
receive a receipt for his/her application signed by the
town clerk. All candidates must meet
qualifications as set forth in the Charter. (Ord.
04-20 (part))
2.28.040 Elections--Write-in Ballots.
For all
elections there shall be one blank space on each ballot
for every position to be filled by that election
reserved for a write-in candidate. The voter who desires
to cast his or her vote for a write-in candidate must
print on his or her ballot the name of that write-in
candidate in the proper place provided. Such votes shall
then be counted the same as if the name of such person
had been printed upon the ballot and marked by the
voter. A voter may only write-in one candidate for each
vacancy. (Ord. 04-20 4/4/05)
2.28.050 elections--public notice and facilities.
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The
town clerk shall give public notice of the day, time
and place of all elections. Such notice shall be
given in a newspaper of general circulation in the
town of Emmitsburg and in an announcement posted on
the town bulletin board(s) not less than forty-five
(45) days prior to any election.
-
The
town clerk shall arrange facilities to conduct any
election, and facilities shall be located as near to
the voting population as practicable. Whenever
possible, it shall be the duty of the town clerk to
use public buildings for polling places. (Ord. 04-20
(part))
2.28.060 Electioneering boundary
At each polling place, the election
judges shall post a sign or signs delineating a line
around the entrance and exit of the building that are
closest to that part of the building in which voting
occurs. The line shall be as near as practicable
to one hundred (100) feet from the entrance and exit and
shall be established after consideration of the
configuration of the entrance and exit and the effect of
placement on public safety and the flow of pedestrian
and vehicular traffic. The signs shall contain the
words "No electioneering beyond this point." At no
time may any person canvass, electioneer, campaign or
post any campaign material in the polling place or
within the boundary line established by the posted
signs. (Ord. 04-20 (part))
2.28.070 Absentee Ballots
The
mayor and board of commissioners shall arrange for
voting by absentee ballot for any qualified voter who is
unable to cast a ballot during regularly scheduled hours
on election day by reason of physical condition or
necessary absence. Such ballots shall be printed
and sequentially pre-numbered and shall be provided to
the voter with an envelope bearing the words "Absentee
ballot election date ___," capable of holding the ballot
and being sealed by the voter. An absentee ballot
may not be photocopied or duplicated in any way.
Ballots shall be tallied prior to distribution.
The ballot shall be placed in an envelope which shall be
sealed by the voter after voting and before returning
the ballot. Upon the return and receipt of the
ballot, the sealed envelope containing the absentee
ballot shall be date-stamped and remain sealed until all
regular ballots have been counted. Once the
regular ballots have been counted, the absentee ballots
shall be opened and counted. (Ord. 04-20 (part))
2.28.080 Vote Count
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Immediately following the closing of the polls, the
judges Of the election shall canvass the ballot
boxes, voting machines or other voting system, and
count any paper ballots, regular and absentee, to
determine the vote cast for each candidate or any
question(s) on the ballot.
-
The
judges of the election shall declare which persons
have been elected or which ballot questions have
been approved or rejected, and shall certify the
results of the election to the public in public view
on the exterior of the polling place in a manner and
method to be determined by the judges of election.
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If the election for the offices
of either mayor or commissioner results in a tie
vote, a special run-off election shall be held on
the 14th day after the election; provided, however,
that if one of candidates in the tie vote is an
incumbent to the office for which the position is
sought and the other is not, then the incumbent
shall be declared the winner of the election for
that office. Only those registered
voters eligible to vote in the election shall be
permitted to vote in the run-off election.
(Ord. 04-20 (part))
2.28.090 Regulation and Control by Commission
The
commission has the power to provide by ordinance, in
every respect not covered by the provisions of this
chapter, for the conduct of registration, nomination,
and town elections and for the prevention of fraud in
connection therewith, and for a recount of ballots in
case of doubt or fraud. The commission further has the
power to create and appoint an election board. The
election board's functions may include enforcing the
town's elections laws and resolving complaints,
disputes, and challenges on election matters. Ordinances
heretofore adopted by the commission pertaining to
election matters shall remain in force and effect until
repealed or amended by the commission but only as such
provisions of this chapter. (Ord. 04-20 (part))
2.28.110 Required disclosures
Candidates for public office shall disclose all
contributions, gifts, services, in-kind contributions or
other tangible or intangible items of value which are
received by them or by some other person or entity on
their behalf and which are proved for the purpose of
assisting in the campaign of such candidate. Such
disclosure shall include an identi- fication of each
such item received, the value of each such item, and the
source of each such item. Candidates for public
office shall also disclose the nature and amount of all
expenses incurred by him/her in the conduct of his/her
campaign for public office. All disclosures
required by this section shall be submitted in writing
to the town clerk and shall be signed by the candidate
under oath. An initial disclosure of the
information required by this section shall be submitted
at least thirty (30) days prior to the election for
which the disclosure is being made and a final
disclosure of such information shall be submitted no
later than fifteen (15) days after the election for
which the disclosure is being made. All disclosure
statements shall be immediately made available for
review by the public. Failure to comply with any
of the requirements of this section shall be considered
and enforced as a municipal infraction punishable by a
fine of not more than one thousand dollars ($1,000.00).
(Ord. 04-20 (part))
2.28.120: Penalties
The offenses and penalties established by Title 16,
Election Law Article of the Annotated Code of Maryland
(as such code may from time to time be hereafter
amended), shall be applicable in and to the town of
Emmitsburg. In addition, any such offense may be
considered and enforced as a municipal infraction
punishable by a fine of not more than one thousand
dollars ($1,000.00) (Ord. 04-20 (part))
Chapter 2.32: CODE OF
ETHICS
2.32.010 Applicability.
Except as otherwise provided in Section 2.32.040, the
provisions of this chapter apply to the following
officials and employees: the president, mayor,
treasurer, members of the board of commissioners,
employees of the town, members of the planning and
zoning commission, and members of the board of appeals.(
Ord. 07-05 § (part): Ord. dated 2/22/82 § 1
2.32.020 Ethics commission.
There shall be an Emmitsburg ethics commission which
shall be composed of three members appointed by the
mayor with the advice and consent of the board of
commissioners. The commission shall be advised by the
town attorney and shall have the following
responsibilities:
-
To perform, receive and maintain all forms required
by this chapter;
-
To provide written advisory opinions to persons
subject to this chapter as to the applicability of
the provisions of this chapter to them;
-
To process and make determinations as to complaints
filed by any person alleging violations of this
chapter;
-
To conduct public information programs regarding the
purposes and application of this chapter. (Ord.
dated 2/22/82 § 2)
2.32.030 Conflicts of interest.
Persons holding positions described in Section 2.32.010
shall not:
-
Participate on behalf of the town in any matter
which would to their knowledge have a direct
financial impact on them, their spouse or dependent
child or any business entity with which they are
affiliated;
-
Hold or acquire an interest or either five thousand
dollars ($5,000.00) or ten percent or greater in a
business entity that has or is negotiating a
contract of five thousand dollars ($5,000.00) or
more with the town or which is regulated by their
agency;
-
Be employed by a business entity that has or is
negotiating a contract of more than five thousand
dollars ($5,000.00) with the town or which is
regulated by their agency;
-
Hold any outside employment relationship that would
impair their impartiality or independence of
judgment;
-
Represent any party, for a contingent fee, before
any town body;
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Within one year following termination of town
employment or service, act as a compensated
representative of another in connection with any
specific matter in which he/she participated
substantially as a town official or employee;
-
No employee of the town will be permitted to seek an
elected office within the town government while
employed by the town;
-
Solicit any gift or accept gifts of greater than
twenty-five dollars ($25.00) in value from any
person that has or is negotiating a contract with
the town or is regulated by their agency;
-
No elected official of the town will be permitted to
be employed as an employee of the town;
-
Use the prestige of their office or position for
their own benefit or that of another;
-
Use confidential information acquired in their
official town position for their own benefit or that
of another. (Ord. dated 2/22/82 § 3)
2.32.040 Financial disclosure.
-
In this section, "official" includes:
-
All elected officials of the town;
-
Candidates for election to the office of mayor
or to the board of commissioners;
-
Treasurer of the town
-
Members of the planning and zoning commission
-
Members of the board of appeals;
-
Town manager;
-
Planning and zoning coordinator; and
-
Any employee of the town having decision making
authority, as designated by the mayor.
All officials shall file annually, not later than
January 31st of each calendar year during which they
hold such position, a statement with the ethics
commission disclosing any gifts received during the
preceding calendar year from any person having a
contract with the town or any person regulated by their
agency. The statement shall identify the donor of
the gift and its approximate value at the time of
receipt.
-
Such officials shall file a statement with the
ethics commission disclosing any interest or
employment the holding of which would require
disqualification from participation pursuant to
Section 2.32.040(A). Such statement shall be
filed promptly after any circumstance requiring
disqualification under section 2.32.040(A) has
arisen. (Ord. 07-05 § 1(part) Ord. dated 2/22/82 §
4)
2.32.050 Lobbying disclosures.
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Any person who personally appears before any town
official or employee with intent to influence that
person in the performance of his or her official
duties and who, in connection with such intent,
expends or reasonably expects to expend in a given
calendar year in excess of one hundred dollars
($100.00) on food, entertainment or other gifts for
such officials or employees, shall file a
registration statement with the ethics commission
not later than January 15th of the calendar year or
within five days after first making such appearance.
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The registration statement shall include complete
identification of the registrant and of any other
person on whose behalf the registrant acts. It shall
also identify the subject matter on which the
registrant proposes to make such appearances.
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Registrants under this section shall file a report
within thirty (30) days after the end of any
calendar year during which they were registered
disclosing the value, date and nature of food,
entertainment or other gift provided to any town
official or employee. Where a gift or series of
gifts to a single official or employee exceeds one
hundred dollars ($100.00) in value, the official or
employee shall also be identified.
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Registration and reports filed pursuant to this
section shall be maintained by the ethics commission
as public records available for public inspection
and copying. (Ord. dated 2/22/82 § 5)
2.32.060 Definitions.
As used in this chapter:
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"Business entity" includes any entity regardless of
form.
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"Gift" includes the transfer of anything or service
of value for which the recipient has not furnished
identifiable and adequate consideration. (Ord. dated
2/22/86 § 6)
2.32.070 Exemptions and modifications.
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The ethics commission may grant exemptions and
modifications to the provisions of Sections 2.32.030
and 2.32.040 if it makes specific written findings
that the application of those provisions would:
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Constitute an unreasonable invasion of privacy;
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Significantly reduce the availability of qualified
persons for public service; and
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Not be required to preserve the purposes of this
chapter.
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The actions of the ethics commission in granting
exemptions and modifications hereunder shall be in
writing and shall be maintained as public records
available for public inspection and copying. (Ord.
dated 2/22/82 § 7)
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An official or employee who otherwise would be
disqualified from participation under section 2.30
shall disclose the nature and circumstances of the
conflict, and may then participate or act, without
prior review or permission of the ethics commission,
if:
-
The disqualification, either alone or in conjunction
with other absences or disqualifications, would
leave a body with less than a quorum capable of
acting ; or
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The disqualified official or employee is required by
law to act; or
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The disqualified official or employee is the only
individual authorized to act. (Ord. 00-08:
Ord. dated 2/22/82 § 7)
2.32.080 Enforcement.
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The ethics commission may issue a cease and desist
order against any person found to be in violation of
this chapter and may seek enforcement of such order
in the Circuit Court for Frederick County.
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A town official or employee found to have violated
the provisions of this chapter may be subject to
disciplinary or other appropriate personnel action,
including suspension of salary or other
compensation.
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Violation of any provisions of Sections 2.32.030,
2.32.040 or 2.32.050 shall be deemed a misdemeanor
subject to a fine not to exceed five hundred dollars
($500.00) or imprisonment not to exceed ninety (90)
days or both. (Ord. dated 2/22/82 § 8)
Chapter 2.50.20 Employee
Salary Chart
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The town of Emmitsburg does adopt the, twelve (12)
grade, twelve (12) step salary chart. The salary
chart will be adjusted July 1 of each year. It will
be adjusted to offset the effects of inflation
and/or the cost of living increase. From time to
time, inflation adjustments will be set
by the town council. Every employee will
have a performance evaluation assessment by the town
manager each year (between January and April). That
performance Evaluation will assess a number of
performance standards and has a maximum score of
forty-five (45). Employees receiving a score of
twenty-seven (27) and above will receive a
step increase as of July 1st of each year.
Employees scoring twenty-six (26) or below will not
receive a chart step increase.
-
When hiring new employees, the town manager only has
the authority to offer a starting salary up to step
4, but a starting salary up to step twelve (12) can
be offered with the approval of the town council.
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Employees permanently
assigned new duties and/or responsibilities may be
promoted at
anytime during the
year if recommended by the town manager and approved
by the Mayor.
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Except for temporary employees, employee pay will be based upon the town of Emmitsburg salary chart.
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The salary of a temporary employee shall be
determined on a case-by-case basis and approved by
the Mayor.
-
New employees who are in their three month
introductory period on July 1 are not eligible for
the annual July 1 step increase.
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Employees who are placed on probation (due to poor
job performance) during the salary year are not
eligible for July 1 step increases.
-
Only the town manager and the town planner will be
compensated via "comp-time" for over-time hours
worked. All "comp-time" hours must be first
approved by the town manager and the Mayor. (Ord. 04-18: Ord.
03-14; Ord. 01-19 § 1)
Chapter 2.80 Citizen Advisory Committee
2.80.010
purpose
The purpose of
this committee is to research and propose general
recommendations, rules and policies related to quality
of life issues, in the town of Emmitsburg.
2.80.020
composition, duties, meetings
A. the citizen
advisory committee shall not exceed ten members and one
board of commissioners' representative who shall serve
as the chairperson but not be a voting member. One
member may reside outside of the town limits. The
members of the committee shall be appointed by the mayor
and/or the chairman with the consent of the board of
commissioners for a period of two years, and shall serve
without compensation. The committee shall meet a minimum
of once per quarter.
B. the committee
shall organize at the first meeting after January 1st of
each year and elect a vice-chairperson, and secretary.
C. the committee
shall conduct a vote to approve any proposal to the
board of commissioners. It shall be the responsibility
of the chairperson to communicate approved proposals to
the board of commissioners.
D. the
chairperson or, in his/her absence, the vice-chairperson
or secretary, shall preside at all meetings of the
committee. The presiding officer shall decide on all
points of order or procedure, subject to the regulations
set forth in this chapter.
E. meetings
shall be held at seven-thirty p.m. notice of the meeting
shall be posted on the town cable channel, on the town
website and other appropriate media outlets.
F. meetings
shall be called by the chairperson. Notice of such
meetings shall be given to each member by mail or
telephone at least seven (7) calendar days before the
meeting.
G. it shall be
the duty of each member to attend all meetings. Should
any member be absent from one-half or more of all
meetings held during the calendar year, the chairperson
shall recommend to the mayor and the board of
commissioners that the member's resignation be
requested, unless determined by vote of a majority of
committee members that there is a sufficient reason for
nonattendance.
H. a quorum
shall consist of a majority of the existing filled seats
membership.
I. it shall be
the duty of the secretary, to keep a true and accurate
record of all proceedings at all meetings. Approved
minutes from each meeting shall be typed and placed in
the record book which shall be maintained at the town
office. The secretary shall sign the minute book. (Ord
10-01 dtd 02/01/10).
2.04 Board of Commissioners
2.08 Town Manager
2.12 Town Clerk
2.16 Town
Treasurer
2.20 Chief of Police and Other Police Officers
2.24
Town Officers Generally
2.28 Elections
2.32 Code of
Ethics
2.36
Economic Renewal Committee
2.50.20
Employee Salary Chart
Code Index | Title: 1,
2, 3,
4, 5,
6,
7,
8, 9,
10, 11,
12, 13,
14,
15,
16, 17 |