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(a) Consideration of legislation. Before a public hearing is advertised, a Councilmember may move not to consider a bill. This motion is debatable and must be made only in legislative session. A motion not to consider may be made when another Councilmember has the floor. The bill must not proceed to public hearing if a majority of the Council votes not to consider it. A member who was absent or on the prevailing side when a motion not to consider is adopted may move to reconsider the motion at any future legislative session before the bill expires.
(b) Consideration of a resolution. When a resolution is introduced, a Councilmember may move not to consider it. This motion is debatable. A motion not to consider may be made when another member has the floor. If the motion is adopted, the resolution must not be considered further.
(c) Effect of motion not to consider. A successful motion not to consider does not limit the contents of any bill or resolution that is introduced at a later meeting or legislative session. (Res. No. 11-54; Res. No. 12-83; Res. No. 18-49; Res. No. 19-1443.)
(a) Quorum. A quorum is not required for a public hearing unless expressly required by law. Unless otherwise expressly required by law, the Council may delegate the conduct of any hearing to a Council committee, Councilmember, or Council staff member.
(b) Preliminary remarks. After convening a public hearing, but before the presentation of testimony, the presiding officer must:
(1) briefly explain the purpose of the public hearing;
(2) specify the last date by which written testimony or information should be submitted;
(3) announce the date and time for worksession or final action, if known; and
(4) present any information required by law.
(c) Time limits and registration requirements. The presiding officer may announce in advance or at the hearing time limits for each speaker, registration requirements, and limits on the number of speakers. A majority of the Council may extend or shorten the time limits or change the limits on the number of speakers. The presiding officer may vote on a motion to change the time limits or the limits on the number of speakers.
(d) Information from members of the public. Each member of the public desiring to speak at a public hearing first must register with the Council Clerk by providing the person’s name, home or business address, and the person or organization the speaker represents. When recognized by the presiding officer to speak, the person must provide the following information:
(1) name; and
(2) the person or organization the speaker represents, if any.
(e) Relevance. The presiding officer may temporarily suspend any testimony that is not relevant to the subject of the hearing and advise the speaker to that effect. The presiding officer may stop taking further testimony from and vacate any remaining time allocated to a speaker who, after being so advised, continues to offer irrelevant testimony.
(f) Questions from Councilmembers. After being recognized by the presiding officer, any Councilmember present may briefly question any speaker. The member and the speaker must not debate.
(g) Transcript of a public hearing. A transcript of a public hearing must be made as required by law.
(h) Continuing or postponing a public hearing. A public hearing may be postponed or continued without further published notice if, after the required notice of the hearing has been published, either:
(1) at the time and place for which notice was given, the presiding officer specifies when and where the hearing will convene or reconvene; or
(2) before the hearing was scheduled to be held, the presiding officer has:
(A) informed each person who registered to testify when and where the hearing will convene or reconvene;
(B) inserted in the Council’s printed agenda or an addendum to the agenda when and where the hearing will convene or reconvene, or posted when and where the hearing will convene or reconvene at the place where notices of Council meetings are posted; and
(C) specified on the Council web site when and where the hearing will convene or reconvene.
If severe weather conditions or another emergency requires the Council to postpone a hearing, the presiding officer may do so before the hearing is held without giving one or more of the notices required by this subsection. In that case, the President must readvertise the hearing as required by Rule 4 unless the original advertisement specified when and where a postponed hearing would be held. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 13-1061; Res. No. 16-59; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
(a) Withdrawal. The maker of a motion may withdraw the motion at any time before a vote is taken unless another member objects.
(b) Written motions. Before a vote is taken, any Councilmember may direct the Council Clerk to state the motion in writing and distribute it to the Council.
(c) Committee recommendations. A recommendation from a Council committee that received the affirmative votes of a majority of members of that committee, or a recommendation that received the affirmative votes of a majority of the members of any joint committee, is a main motion that does not require a second.
(d) Motion to table; taking from the table. A motion to table is not in order at a meeting of a Council Committee, including a joint Committee meeting. A Councilmember may move to take a bill or resolution from the table if the Councilmember voted to lay the bill or resolution on the table, or was absent and not merely abstaining from the vote. A bill may be taken from the table at any time until it expires. A resolution may be taken from the table at any time before it expires.
(e) Reconsideration. A Councilmember may move to reconsider a matter already decided if:
(1) the matter is still in the possession of the Council;
(2) the motion to reconsider is made:
(A) at the same meeting; or
(B) at the later of:
(i) the next similar Council meeting; or
(ii) any similar Council meeting held within the next 7 days; and
(3) the Councilmember voted with the prevailing side or was absent, and not merely abstaining from the vote.
The Council may postpone a vote on a motion to reconsider to a time certain, but not indefinitely.
(f) Effect of Motion to Reconsider. A motion to reconsider, properly made, suspends the action that is the subject of the motion until the motion is adopted or rejected. A motion to reconsider, properly adopted, voids the action that is the subject of the motion.
(g) Reconsideration of enactment. A motion to reconsider the enactment of any law, zoning text amendment, or subdivision regulation amendment, requires 6 votes for adoption. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 14-53; Res. No. 17-40; Res. No. 18-49; Res. No. 19-1443.)
(a) Recording of votes. The Clerk must record in the Council minutes the vote of each Councilmember who votes on a matter, regardless of the method of voting used, such as a roll call vote, a hand vote, or a vote “without objection”.
(b) Voting – by consensus or “without objection”. Except as provided under subsection (d) of this Rule, the Council or a Committee may, at the discretion of the presiding officer, vote on amendments or Committee recommendations through consensus or “without objection” of the members present.
(c) Fractions under Robert’s Rules votes. If Robert’s Rules of Order apply under Rule 1(b) and prescribe a vote requirement of two-thirds, two-thirds of the 11-member Council must be 7 Councilmembers.
(d) Numbers and types of votes. The votes of the Council must comply with the requirements of the following chart. In the chart, RC means a roll-call vote, and HV means a vote by hand.
Action | Votes required | Type of Vote | Citation |
Action | Votes required | Type of Vote | Citation |
Legislation | |||
Regular legislation | 6 | RC | Charter § 111 |
Expedited legislation | 7 | RC | Charter § 111 |
Override of Executive veto | 7 | RC | Charter § 208 |
Law authorizing individual CIP project | 6 | RC | Charter § 302, paragraph 6 |
Law creating new department or agency | 7 | RC | Charter § 401 |
Law designating non-merit position | 7 | RC | Charter § 401 |
Extend expiration date of bill | Majority | HV | Rule 6(f) |
Withdraw bill | Majority | RC | Rule 6(g) |
Motion not to consider bill | Majority | HV | Rule 8(a) |
Land Use | |||
Zoning text amendment | 6 | RC | Code § 59-7.2.4 |
Subdivision regulation amendment | 6 | RC | Maryland Code, Land Use Article § 23-104 |
Subdivision regulation amendment – Executive veto override | 8 | RC | Maryland Code, Land Use Article § 23-104 |
Master Plan approval | Majority | HV | Code § 33A-8 |
Master plan – extend time for Council action | 8 (or, if less than the full Council is voting, 2/3 of members voting) | HV | Code § 33A-8 |
Local map amendment | 6 | RC | Code § 59-7.2.1 |
Local map amendment if contrary to recommendation of municipality where where property is located or Planning Board does not recommend approval | 8 | RC | Code § 59-7.2.1 |
Sectional map amendment | 6 | RC | Code § 59-7.2.3 |
Sectional map amendment – if contrary to recommendation of municipality where property is located or Planning Board does not recommend approval | 8 | RC | Code § 59-7.2.3 |
Budget | |||
Spending affordability guidelines Adoption Amendment | Majority Majority | HV HV | Charter § 305 |
Budget approval – in general | Majority | HV | Charter § 305 |
Budget approval – that has been increased above the CPI limit in the Charter | 7 | HV | Charter § 305 |
Budget approval – that exceeds spending affordability guidelines | 8 | HV | Charter § 305 |
Veto override – budget of Council, Fire & Rescue Commission, Fire Departments and Rescue Squads, Housing Opportunities Com’n, Montgomery College | 6 | HV | Charter § 306 |
Other veto budget override | 7 | HV | Charter § 306 |
Supplemental appropriation before January 1 – in general | 7 | HV | Charter § 307 |
Supplemental appropriation before January 1 to accept a grant or comply with a law or regulation | 6 | HV | Charter § 307 |
Supplemental appropriation after January 1 | 6 | HV | Charter § 307 |
Special appropriation | 7 | HV | Charter § 308 |
Transfer appropriation | Majority | HV | Charter § 309 |
Six-year CIP program approval | 6 | HV | Charter § 302 |
CIP amendment | 6 | HV | Charter § 302 |
Emergency special capital improvement project that is not done through legislation | 7 | HV | Charter § 302, paragraph 6 |
Property tax rate that exceeds the limit under Charter § 305 | All current councilmembers | HV | Charter § 305 |
Resolutions | |||
Resolution – in general | Majority | HV | Rule 7 |
Motion not to consider resolution | Majority | HV | Rule 8 |
Motions | |||
Suspend rules | 7 (or, if there is a vacancy, 2/3 of Councilmembers in office) | HV | Rule 2 |
Appointment | |||
Confirm Executive appointment | Majority | HV | Charter § 215 |
Council appointment | Majority | HV | |
Fill County Executive vacancy | 6 | HV | Charter § 205 |
Fill Councilmember vacancy | Majority | HV | Charter § 106 |
Removal from Office | |||
Councilmember | 7 | HV | Charter § 118 |
Executive | 7 | HV | Charter § 206 |
Miscellaneous | |||
Disapprove Executive reorganization plan | 6 | HV | Charter § 217 |
Close meeting under Open Meetings Act | 6 | HV (individual votes must be recorded, per Open Meetings Act) | Md. Code Ann., General Provisions Article, Title 3 |
Amend Council Rules during first 90 days of term | Majority | HV | Rule 2(c) |
Amend Council Rules after 90 days | 7 (or, if there is a vacancy, 2/3 of Councilmembers in office) | HV | Rule 2(c) |
(Res. No. 20-35.)
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