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). |
(a) Suspension of Rules. The Rules of Procedure must not be amended or repealed while a suspension of the Rules is in effect. These Rules or Robert's Rules of Order are suspended in whole or in part if:
(1) 7 Councilmembers (or, if there is vacancy on the Council, two-thirds of the Councilmembers in office) vote to suspend a specific Rule or group of Rules;
(2) for each matter considered during suspension, the Rules receive a separate suspension; and
(3) suspension of the Rules does not violate an applicable law.
(b) Rules not subject to suspension. This Rule, Rule 1(d), and Rule 10(e) must not be suspended.
(c) Amendment of these Rules. The County Council may amend these Rules by resolution. A resolution to amend these Rules must be introduced to the Council in writing at least one week before the resolution is considered for adoption. Adoption of 7 Councilmembers (or, if there is vacancy on the Council, two-thirds of the Councilmembers in office), except as provided in subsection (d). The resolution must contain the full text of the proposed amendments.
(d) Subsequent Council. The Rules in effect when the term of the previous Council ended continue in effect until amended, suspended or repealed. When a new Council takes office, it may amend or repeal these Rules by a majority vote (6) in the first 90 days after taking office. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
(a) Advertisement and solicitation.
(1) Council appointments. The County Council must publish notice of and solicit applications for any vacancy that exists on any board, committee, or commission that is appointed by the Council.
(2) Executive appointments. The Council must not consider for confirmation an appointment by the County Executive to any board, committee, and commission unless, when the vacancy exists, the County Executive publishes notice of the vacancy and solicits applications to fill the vacancy.
(3) Waiver. Advertisement and solicitation requirements may be waived on a case- by-case basis. A majority of the Council may waive the requirements for Council appointments. The County Executive with the agreement of a majority of the Council may waive the requirements for Executive appointments.
(b) Interviews.
(1) In general. Councilmembers must be afforded an opportunity to interview each County Executive nominee or potential Council appointee before the Council acts on the appointment.
(2) Selection of interviewees. . If a potential appointee is selected for an interview based upon a tally of Councilmembers, the Clerk must provide to a Councilmember, upon request, the results of the tally. The tally is a personnel record under the Maryland Public Information Act 4 , and it must not be disclosed publicly. If at least 4 Councilmembers indicate to the Clerk in writing that they wish to interview a potential appointee, the potential appointee must be permitted the opportunity to interview before the Council.
(c) County employees. Subsections (a) and (b) do not apply to any position on a board, committee, or commission that must be filled by an employee representing a County department, office, or agency, as a law, resolution, or executive order provides.
(d) Publication. The name of each appointee should be published at least one week before confirmation.
(e) Special process for certain Council appointments.
(1) Scope. This subsection (e) applies to: any appointment to the Montgomery County Planning Board; and any Council appointment for which a Councilmember requests the use of the process under this subsection. This subsection does not apply to an Executive appointment.
(2) Nominations. At a Council meeting to consider or make an appointment under this subsection, each Councilmember may nominate an individual who has been interviewed by the Council for the appointment. If the nomination is seconded, the Clerk must add the nominee to a list of eligible nominees.
(3) Appointments. The Clerk must announce the list of eligible nominees and call the roll of Councilmembers. Each Councilmember may vote in the affirmative to appoint an individual from the list of eligible nominees. If a nominee is selected by a majority of Councilmembers present and voting, the nominee is appointed. If no nominee is selected by a majority, the Council may repeat the nomination process, repeat the vote, or defer the appointment to a subsequent meeting. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
Notes
| 4 | Maryland Code, General Provisions Article §4-211, as amended |
(a) Advertisement requirements. Unless any law requires the Council to set the date of a public hearing, the President may set the date and time of any public hearing and must advertise each public hearing as provided in this section.
(1) The advertisement for a public hearing on all matters must include:
(A) the time and place of the public hearing, including if the public hearing is remote or available by other electronic means;
(B) the place where members of the public may obtain an electronic copy of the materials to be discussed at the public hearing;
(C) how to register to speak at the public hearing; and
(D) any other information required by law.
(2) The advertisement for a public hearing on legislation or a zoning text amendment must include the title or summary of the proposed legislation or text amendment.
(3) The advertisement for a public hearing on matters other than legislation must include the generic title and subject matter of the public hearing.
(b) Publication requirements. Before a public hearing, the President must post online the advertisement of the public hearing on the County’s website, and if required by law, publish at least once in one newspaper circulated throughout the County. The number of days that advance notice is required, the number of newspapers in which the notice must appear, and the number of consecutive weeks that the notice must appear are established by law. Unless the time is otherwise specified by law or Council action, 14 days advance notice must be provided.
(c) Public notice on emergency matters. If a public hearing will be held on an emergency matter, the President must:
(1) (A) unless otherwise required by law, post online an advertisement on the County’s website of the public hearing as required under subsection (b), if possible; or
(B) inform the news media by electronic means of the public hearing if notice under subsection (b) is not possible; and
(2) disseminate electronic copies of the proposed emergency matter so copies are available to the public and the news media.
(d) Board of Health regulations. Before the Council, meeting as the Board of Health, adopts a regulation, the President must:
(1) advertise the public hearing in a newspaper circulated throughout the County at least 14 days before the hearing; and
(2) notify the governing body or chief executive officer of each municipality in the County by mail or electronically at least 14 days before the hearing.
The President may waive either or both forms of notice if a public health emergency requires immediate action on a regulation.
(e) Electronic Notice and Publications of Documents. Unless otherwise required by law, all notices and dissemination of documents required to be published as outlined in these rules, are deemed satisfied if the documents are electronically available and published on the County’s website. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 14-685; Res. No. 16-59; Res. No. 17-40; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
(a) Notice of meetings. The Council meets in the Stella B. Werner Council Office Building, Rockville, Maryland, unless the President designates another location. The Council may in addition to, or as an alternative meeting place, conduct remote meetings by virtual or telephonic conference. The President must notify Councilmembers, the news media, and the public of the agenda of a Council meeting and provide reasonable notice of the date, time, and place of the meeting as the State open meetings law requires.
(b) Attendance. A Councilmember must attend in-person meetings in person, except for limited circumstances when a Councilmember’s in-person attendance at the in-person meeting would be impractical or unreasonable. A Councilmember must send a written notice to the Council President and Council Clerk advising that they will be absent or will participate in a meeting remotely. The Councilmember’s presence must be announced as virtual by the Clerk at the commencement of the meeting, and all members must be recorded in the meeting minutes as in-person, virtual, telephonic, or absent.
(c) Agenda preparation. The President must prepare a written agenda for each meeting. The agenda must include the order and an understandable description of each item to be considered.
(d) Advance Notice. Unless the President determines an agenda item is an emergency, a Councilmember must submit to the President a written draft of a proposed item for introduction, at least eight (8) days in advance of a Council session, before the item can be added to the agenda.
(e) Additions to the agenda. At any time after the President calls a meeting to order, a Councilmember may move to add to or delete from the agenda of that meeting or add an item to a future meeting.
(f) Committee assignment. The President may assign a matter to one or more Council committees, or two Council committees meeting as a joint committee. An assignment may be changed by a motion to refer the matter to another committee, approved by a majority of the Council. The President may vote on this motion in the same manner as any other motion. A committee is a public body under the State open meetings law, and the President must give notice of any committee meeting as required under that law. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 14-53; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
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