Charter Amendment Resolutions

A municipal charter determines the basic structure of a municipality. Together with various provision of Maryland State law, a municipal charter also outlines the basic powers that a municipal corporation may exercise.  The needs and desires of municipal officials and the communities they serve change with the passage of time and municipal charters therefore require revisions from time to time.  The Local Government Article of the Annotated Code of Maryland sets forth the manner in which incorporated cities and towns may amend their charters to adapt to these and other changing circumstances.

The following Charter Amendment Resolutions are currently being proposed:

Charter Amendment Resolution No. 148 - To declare emergencies in certain events and pass temporary administrative orders necessary for the preservation of the public health...

First Reading of Charter Amendment Resolution:  Passed 5-0 on May 19, 2020

Public Hearing scheduled for: July 7, 2020

Second Reading and Adoption scheduled for:  July 21, 2020


CHARTER AMENDMENT RESOLUTION NO. 148

 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF CUMBERLAND, MARYLAND, ADOPTED PURSUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11-E OF THE CONSTITUTION OF THE STATE OF MARYLAND AND SECTION 4-304 OF THE LOCAL GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND ENTITLED “A RESOLUTION TO ENACT SECTION 73A OF THE CHARTER OF THE CITY OF CUMBERLAND, MARYLAND (1991 EDITION), TO EMPOWER THE CITY ADMINISTRATOR TO DECLARE EMERGENCIES IN CERTAIN EVENTS AND PASS TEMPORARY ADMINISTRATIVE ORDERS AS ARE NECESSARY FOR THE PRESERVATION OF THE PUBLIC HEALTH, SAFETY AND/OR WELFARE AND TO EMPOWER MAYOR AND CITY COUNCIL TO PASS EXECUTIVE ORDERS IN EMERGENCIES.”

 WHEREAS, the coronavirus pandemic has drawn attention to the City’s need for the passage of temporary orders in the event of emergencies;

 WHEREAS with the passage of this amendment to the Charter, the City Administrator will be empowered to unilaterally pass administrative orders and the city council may be able to pass executive orders that will help to preserve the public health, safety and/or welfare in the event of emergencies;

 WHEREAS, a public hearing on the subject matter of this Charter Amendment Resolution was held on the 7th day of July, 2020 public notice of that hearing was provided by means of publication in the Cumberland Times-News on the 9th day of June, 2020, more that twenty-one (21) days in advance of that hearing, and by posting on the North Centre Street entrance of City Hall, Cumberland, Maryland starting on the 9th day of June, 2020, and continuing through the date of the said hearing.

 NOW THEREFORE:

 SECTION 1: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CUMBERLAND, MARYLAND, that Section 73A of the City Charter is hereby enacted and shall read as follows:

 Section 73A. – Emergencies.

(a) City administrator emergency declarations; administrative orders. In the event of an immediate danger or threat to the preservation of the public health, welfare, peace, safety or property in the event of epidemics, pandemics, acts of public enemies including terrorist attacks, insurrections, riots, earthquakes, fires, hurricanes, storms, floods and Acts of God, the city administrator has the right and discretion to declare a state of emergency, rescind the declaration and pass such administrative orders as he or she deems necessary in light of the danger or threat. These administrative orders may effect the suspension or modification of the Cumberland city code provisions or the adoption of measures not addressed therein. The declaration and administrative orders shall remain in force and effect until either the city council or city administrator rescind the declaration or thirty (30) calendar days, whichever is first to occur.

(b) City council emergency declarations; executive orders. The city council has the independent right to declare a state of emergency and pass such executive orders they deem necessary for the preservation of the public health, welfare, peace, safety or property. These executive orders may effect the suspension or modification of the Cumberland city code provisions or the adoption of measures not addressed therein. Executive orders shall remain in effect until withdrawn by the city council or the declaration of a state of emergency is rescinded by the city council. An executive order may be passed at the same meeting of the City Council it is introduced.

(c) Content of orders. Except as prohibited by state or federal law, statute, regulation or order, administrative orders and executive orders may provide for the modification or suspension of the effectiveness of specific terms and provisions of (i) the city code, (ii) city policies and (iii) collective bargaining agreements and amendments to collective bargaining agreements entered into subsequent to the adoption of this section of the charter. All such collective bargaining agreements and amendments thereto shall reference this section of the charter and the city administrator’s and city council’s respective authority to pass administrative orders and executive orders upon the declaration of an state of emergency.

 SECTION 2: AND BE IT FURTHER RESOLVED, that the date of the passage of this Resolution is ___________________, 2020, and the amendment of the Charter of the City of Cumberland hereby enacted shall become effective on ________________, 2020, unless a proper petition for a referendum hereon shall be filed as provided by Section 4-304 of the Local Government Article of the Annotated Code of Maryland. A complete and exact copy of this Resolution shall be continuously posted on the North Centre Street entrance of City Hall, Cumberland, Maryland, until _______________, 2020, and the title of this Resolution shall be published in a newspaper of general circulation in the City of Cumberland no less than four times, at weekly intervals, before the aforesaid date.

 SECTION 3: AND BE IT FURTHER RESOLVED, that the Mayor and City Council of Cumberland is hereby specifically directed to carry out the provisions of Section 2 hereof regarding the giving of notice by posting and publication of this Resolution, approving the same, and, as evidence of said compliance, the City Clerk shall cause to be affixed to this Resolution a certificate of the publication in the newspaper in which the summary of this Resolution (i.e., its title) shall have been published, and the Mayor, if there is no petition for referendum, shall declare the Charter Amendment made to be effective on the effective date herein provided for, which is ______________, 2020, by affixing his signature hereto in the space provided below the effective date hereof.

 SECTION 4: AND BE IT FURTHER RESOLVED, that if a proper petition for referendum on the Charter Amendment herein proposed is filed, the Mayor and other proper officials of the City of Cumberland shall comply with applicable law, including, but not limited to, Subtitle 3 of Title 4 of the aforesaid Local Government Article.

 SECTION 5: AND BE IT FURTHER RESOLVED, no later than ten (10) days after the Charter Amendment effected by this Resolution becomes effective, either as herein provided or following a referendum, the Mayor shall mail a copy of this Resolution to the Department of Legislative Services of Maryland, said mailing to include a complete certified copy of the text of this Resolution, the date of the referendum, if any is held, a certificate showing the number of Councilpersons voting for and against it, and a report on the votes cast for or against the amendments hereby enacted at any referendum hereon, and the effective date of the Charter Amendment.

 THIS RESOLUTION PASSED THIS ____ DAY OF _____________, 2020.

      ___________________________

      Raymond M. Morris, Mayor

ATTEST:

______________________________

Marjorie A. Woodring, City Clerk

 The Charter Amendment enacted by the aforegoing Resolution became effective this ____ day of ____________, 2020.

      ___________________________

      Raymond M. Morris, Mayor

ATTEST:

______________________________

Marjorie A. Woodring, City Clerk

 I HEREBY CERTIFY, that the aforegoing Resolution, amending the Charter of the City of Cumberland, Maryland, was passed the ____ day of ______________, 2020, with ____ votes in affirmation and ____ votes in the negative.

      ____________________________

      Marjorie A. Woodring, City Clerk

 I HEREBY CERTIFY that:

1. Notice of the public hearing identified hereinbefore was provided by publication in the Cumberland Times- News on the ___ day of ________, 2019 and by posting on posted on the North Centre Street entrance of City Hall, Cumberland, Maryland the date of the public hearing and that a true and correct copy of said publication notice is attached hereto.

2. The title of this Resolution was published in the Cumberland Times-News on

   ___________________________,

   ___________________________,

   ___________________________, and

   ___________________________,

 as evidenced by the true and correct copy of the Cumberland Times-News certificate of publication attached hereto, and that it was posted on the North Centre Street entrance of City Hall, Cumberland, Maryland commencing on the day the title of this Resolution was first published in the Cumberland Times-News, 2019 and continuing through the date this Resolution became effective.

3. The aforegoing is a true and exact copy of the Charter Amendment Resolution No. _____ passed by the Mayor and City Council of Cumberland, Maryland, in Regular Session on the ____ day of _____________, 2020.

4. A petition for a referendum was not filed within the forty-nine (49) days following the date of the passage of the foregoing Resolution and, therefore, it became effective on the ____ day of _____________, 2020.

      ____________________________

      Marjorie A. Woodring, City Clerk