Rule 1. General provisions.
Rule 2. Suspension and amendment of the Rules.
Rule 3. Appointment process.
Rule 4. Public hearing notice requirements.
Rule 5. Notice, attendance, and agenda preparation.
Rule 6. Legislation.
Rule 7. Resolutions.
Rule 8. Consideration of resolutions and legislation.
Rule 9. Procedure during public hearing.
Rule 10. Procedure during debate.
Rule 11. Vote requirements
Notes
| [Note] | *Editor’s note—Res. No. 11-54 adopted new rules of procedure for the county council. The rules adopted by Res. No. 11-54 were amended by Res. Nos. 11-1368, 11-1574, 12-83, Res. No. 13-49, 13-1061, 14-53, 14-685, 16-59, 17-40, 18-49, and 19-1443. The former rules were derived from 1971 L.M.C., ch. 43, § 1, and the following resolutions: 7-301, 7-988, 8-1562, 8-1647, 9-410, 9-1397, 9-1433, 10-1182, 10-2024. |
(a) Failure to follow the Rules of Procedure. A Council action that is otherwise valid does not become invalid because the Council or any person did not follow these Rules or Robert's Rules of Order.
(b) Robert’s Rules of Order. In all matters not provided for in these Rules, the latest published edition of Robert’s Rules of Order governs. 1
(c) Definitions.
(1) Board, Committee, and Commission. Board, committee, and commission have the same meanings as stated in Section 2-142 of the County Code.
(2) Group. A group means any board, committee, commission, task force, or any similar multi-member body established by federal, state, or county law, resolution, or executive order, which functions as a part of the County government.
(3)(3) Majority. Unless otherwise specified in law or these Rules, a majority of the Council, a Council Committee, or a joint Committee, means more than half of the Councilmembers present who vote on a matter on a matter in a duly convened meeting. For the purpose of determining a majority, an abstention is not a vote. A majority of the full Council is 6 Councilmembers.
(4) Meeting. A meeting is a convening of a quorum of the Council as defined in the State open meetings law. 2 A meeting includes a legislative session, a session of the District Council, a meeting as the County Board of Health, a non-legislative session, and a worksession.
(5) Presence. Unless otherwise specified in law, presence means the participation of Councilmembers at a meeting by means of in-person, virtual, or telephonic conference. A Councilmember who is remote must be able to listen and participate in a contemporaneous debate with other members on matters for a vote or discussion, and such participation at the meeting would be considered being present.
(6) Quorum. A quorum of a Council meeting is the presence of a majority of the Councilmembers in office. A quorum of a Committee meeting is the presence of a majority of the members of that Committee. A quorum of a joint Committee meeting is the presence of a majority of the members of each Committee that makes up the joint Committee.
(d) Closed meetings. At the direction of a majority of the Council, a meeting may be closed to the public only for any reason allowed in the State open meetings law. 3 Any closed meeting, except a meeting that is closed to discuss a personnel issue, may be attended by any Councilmember, confidential aide to a Councilmember, Council staff attorney, and other appropriate Council professional staff member unless the Council expressly further restricts attendance. The record of a closed meeting includes the attendance of all persons present as required by the state Open Meetings law. Unless authorized by state law, any testimony taken, or evidence received in a closed meeting must be kept confidential and may not be released to the public for inspection. If a person attends a closed meeting remotely, then a verbal acknowledgment of such confidentiality and non-disclosure of each remote attendee will be recorded on a form provided by the Clerk.
(e) Roll call vote. When a roll call is required by law or these rules or requested by a Councilmember, Councilmembers vote in an order decided by the President with Council concurrence. The President votes last.
(f) Media coverage of meetings and public hearings. Radio, television, and press coverage of Council meetings, Council committee meetings, and public hearings is allowed, unless the meeting is otherwise closed under these Rules. Members of the electronic and print media must observe order and decorum in keeping with the dignity of the governmental process, and must refrain from interfering with this process. The President or a majority of the Council may regulate the use of radio and television equipment to minimize interference with the meeting or hearing.
(g) Election of Council officers; determination of committee structure and membership.
(1) The Council elects a Council President, a Council Vice-president, and other officers as Council desires at first Council meeting each Decemeber.
(2) At the first or second meeting of new Council term, the Council approves, by majority vote, the structure and membership of Council committees. At the direction of Council Vice-President, at least 4 days prior to the first meeting of the term the Clerk must post on the Council's website a proposed committee structure and membership.
(h) Presiding officer.
(1) Presiding and points of order. The President presides at Council meetings and decides all points of order.
(2) Appeal. All presidential decisions provided for in these Rules and Robert’s Rules of Order can be appealed, and on appeal may be reversed by majority vote.
(3) Delegation of authority. Unless any law or these Rules specify otherwise, the President may delegate any function assigned to the President under these Rules to another Councilmember or the Council staff. The President by a memorandum to the Council Clerk may designate one or more Councilmembers in succession as acting President to sign any legislation enacted by the Council when the President and Vice-President are not available.
(i) Absence of presiding officer. In the absence of the President, the Vice-President presides at Council meetings. In the absence of the President and the Vice-President, and if the Council has not previously elected a President pro tempore, the most recent past President in attendance and who sits on the Council must preside. If no past President is available, the Councilmembers present must select a President pro tempore to preside at that meeting. A Councilmember who presides at an in-person meeting or Committee meeting must be present in-person.
(j) Recognition of Councilmembers. A Councilmember must not speak on a matter until recognized by the President. The President must recognize a Councilmember who desires to speak unless recognition is improper under these Rules. If 2 or more Councilmembers seek to be recognized at the same time, the President must select the member who will speak first. After each Councilmember has had a reasonable opportunity to speak on a matter, the President may limit further discussion as necessary to conform to the Council’s agenda.
(k) Formation of groups. A Councilmember must not form a group or appoint a member to a group that would advise or report to the Council unless approved by a majority and in accordance with the provisions governing Boards, Committees, and Commissions in Section 2-142 of the County Code. This Rule must not be construed to prevent a Councilmember from consulting with residents or organizations.
(l) Council Correspondence. The Council President must have support of at least a majority of Councilmembers to send correspondence in their capacity as Council President on behalf of the Council and must note whether such correspondence is on behalf of a majority of the body or as the Council’s unanimous view. Councilmembers may individually or jointly send correspondence in their individual capacities and may include their title(s). Correspondence on behalf of individual Councilmembers must clearly identify those Councilmembers, and must not imply they are speaking on behalf of the body. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 14-53; Res. No. 16-59; Res. No. 17-40; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
Notes
| 1 | Robert’s Rules of Order Newly Revised 12th Edition is the latest version at the time of adoption of these rules. |
| 2 | Maryland Code, General Provisions Article §3-101(g). |
| 3 | Maryland Code, General Provisions Article §§ 3-305(b)(1)-(14). |
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