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The Clerk of the Council must keep a written journal of all legislative sessions of the Council and written minutes of all non-legislative Council meetings. The journal and minutes must include motions and all votes by roll call or otherwise. In addition to the title of a bill or the subject matter of a resolution, only amendments to a bill or resolution which are adopted must have the full text entered in the journal or minutes. However, amendments offered but not adopted must be entered if a vote was taken on the amendment. After any correction, the Council must approve the journal or minutes by motion. (1970 L.M.C., ch. 23, § 1; 1971 L.M.C., ch. 43, § 1; 1983 L.M.C., ch. 34, § 1; 1998 L.M.C., ch. 24, § 1.)
(a) The Council is responsible for publication as required by Section 3, Article XI-A of the Maryland Constitution. The title or a summary of all laws and ordinances proposed must be published once a week for 2 successive weeks before enactment in at least one newspaper of general circulation in the County, so that the taxpayers and citizens may have notice of all proposed laws and ordinances. The requirement of publication of proposed legislation may be satisfied by including the title or summary in the notice of hearing. The validity of expedited legislation is not affected if the law is enacted before the law is advertised. If the publication requirements of the Maryland Constitution are changed, the Council must comply with any amended requirements of the Constitution and state and County law.
(b) The council shall provide for publication of the proceedings of the council by making available promptly after approval by the council copies of the written minutes of all public sessions and copies of the written journal of all legislative sessions of the council. The copies of the minutes and journal shall be in printed or typewritten form, and sufficient number of copies shall be reproduced to meet all reasonable public requests for copies in addition to a true copy being made available to any members of the public for reading at the office of the county council. (1970 L.M.C., ch. 23, § 1; 1971 L.M.C., ch. 43, § 1; 1973 L.M.C., ch. 26, § 1; 1987 L.M.C., ch. 35, § 2; 2006 L.M.C., ch. 33, § 1.)
Editor's note—The Maryland appellate courts have held that § 2-73 amended the notice requirements of chapter 808(c), Laws of 1963, codified in § 52-47 through 52-59 of the Montgomery County Code, in Montgomery County v. Waters Landing Limited Partnership, 99 Md. App. 1, 635 A.2d 48, aff'd, 337 Md. 15, 650 A.2d 712 (1994).
Charter reference-Publication of legislation, § 113.
The Clerk of the Council must maintain in a secure fire-proof storage area:
(a) the legislative journal;
(b) each law and resolution approved by the Council or Board of County Commissioners;
(c) minutes of all Council and Board of County Commissioners meetings; and
(d) any Executive Regulation reviewed by the Council under method (1) or method (2).
The Clerk must maintain these records in a manner consistent with state law regulating retention and disposal of public records. (1970 L.M.C., ch. 23, § 1; 1971 L.M.C., ch. 43, § 1; 1983 L.M.C., ch. 34, § 1; FY 1991 L.M.C., ch. 25, § 1; 1998 L.M.C., ch. 24, § 1.)
(a) Non-merit and advisory council appointments. Members of boards, committees, commissions and similar bodies that directly advise the county council, members of the merit system protection board, and other persons who under the charter are appointed by the council, are appointed for the term and for the compensation, if any, and in the manner as is prescribed by the charter or by law. The affirmative vote of a majority of Council members in office is required for any appointment.
(b) Confirmation of executive appointments. When any vacancy exists on any board, committee, commission, or similar body whose members are appointed by the county executive, the county executive should appoint a successor within 60 days. The county council should act within 60 days, by resolution, to confirm or disapprove the appointment. The affirmative vote of a majority of council members in office is required for confirmation. If the appointment is not confirmed, the county executive should promptly appoint another person to that vacancy and submit the person to the council for confirmation. (1970 L.M.C., ch. 23, § 1; 1971 L.M.C., ch. 43, § 3; 1977 L.M.C., ch. 28, § 1; 1983 L.M.C., ch. 34, § 1; 1984 L.M.C., ch. 14, § 1; 1986 L.M.C., ch. 37, § 3; FY 1991 L.M.C., ch. 9, § 1.)
Charter reference-Council employees authorized, § 108.
The procedures for the Council to exercise its powers of zoning, planning or subdividing shall be as prescribed by Division II of the Land Use Article of the Maryland Code; by other applicable law enacted by the General Assembly of Maryland; by the zoning or subdivision laws; or otherwise as prescribed by the Council by law. (1970 L.M.C., ch. 23, § 1; 2013 L.M.C., ch. 4, § 1.)
Cross reference-Exercise of zoning, planning, etc., powers, § 110.
The council shall sit in non-legislative regular business meetings for the adoption by resolution of rules and regulations which implement or provide for the administration or execution of legislation. Notice and hearing provisions prescribed by law shall be followed. In absence of any other law requirements, provisions for notice and hearing, if the council in its discretion determines the same is necessary, shall be as the council shall by resolution provide in considering the particular rule or regulation for adoption. (1970 L.M.C., ch. 23, § 1.)
Charter reference-Adoption of rules and regulations, § 109.
Subdivision II. Legislative Sessions and Other Meetings.
The first and third Tuesdays of each month and such additional days as the council may determine are designated as days for the enactment of legislation, but in no event shall the council sit for more than forty-five (45) days in each year for the purpose of enacting legislation. When a first or third Tuesday is an official holiday, the next succeeding Tuesday business day shall be a day for the enactment of legislation. The council shall meet at such times as it may determine for the conduct of other business and hearings. The council may adopt rules and regulations which implement or provide for the administration or execution of legislation under such procedures and provisions for notice and hearing prescribed herein or as otherwise prescribed by law. No business shall be transacted, or any appointments made, or nominations confirmed, except in public session. (1970 L.M.C., ch. 23, § 1; 1981 L.M.C., ch. 39, § 1.)
Editor's note-In Montgomery Citizens League v. Greenhalgh, 253 Md. 151, 252 A.2d 242 (1969), it was held that the Council need not designate an emergency extra session a legislative day separate and apart from the call of the session.
Charter reference-Council sessions, § 109.
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