Chapter 2.04
MEETINGS AND PROCEDURES OF THE COUNCIL
Sections:
2.04.010 Council meetings and work sessions.
2.04.020 Agenda and order of business.
2.04.030 Procedure for handling citizen requests for placing items on Council agenda.
2.04.040 Ordinances and resolutions defined.
2.04.050 Procedure for adoption of ordinances and resolutions.
2.04.080 Parliamentary authority.
2.04.100 Salary of Mayor and Councilmembers.
2.04.105 Health insurance benefits of Mayor and Councilmembers.
2.04.110 Periodic review of council compensation.
2.04.010 Council meetings and work sessions.
A. Council Meetings. The Council generally shall hold meetings in the Takoma Park Community Center and Sam Abbott Citizens’ Center unless the Council shall for any meeting prescribe a different place. Except during periods of recess, the Council shall generally meet twice each month.
B. Special Sessions and Public Hearings. In addition to the Council meetings specified in subsection (A) of this section, the Council may at any time hold special sessions or public hearings. Unless otherwise determined by the Council, these meetings shall be held in the Takoma Park Community Center and Sam Abbott Citizens’ Center.
C. Work sessions. In addition to the meetings specified in subsections (A) and (B) of this section, the Council shall hold work sessions at which Councilmembers shall discuss City business but may not adopt ordinances or resolutions. Unless otherwise determined by the Council, work sessions are held twice each month in the Takoma Park Community Center. At its discretion, the Council may hold additional work sessions in any month. Work sessions are open to the public, except when closed in accordance with State law.
D. Written minutes of all Council meetings and work sessions shall be prepared in accordance with the Maryland Open Meetings Act. (Ord. 2006-1, 2006/Ord. 2004-3 (part), 2004)
2.04.020 Agenda and order of business.
A. A written agenda for each Council meeting and work session shall generally be made available to the public no later than noon on the day of the meeting, unless the meeting is a special session called on an emergency basis. In that case, an agenda shall be available to the public as soon as possible. The agenda shall list the items to be considered at that meeting, briefly describe each item and, for Council meetings, state what action, if any, the Council plans to take on that agenda item.
B. Items not on the written agenda of a Council meeting or work session are considered when a majority of the Councilmembers present determine that circumstances require timely consideration of that item. In such cases, the Mayor shall announce the additional item at the beginning of the meeting or work session.
C. Council meetings include a public comment period, during which citizens may address the Council concerning issues not on the agenda for that meeting.
D. At each Council meeting, citizens also shall be given an opportunity to address the Council concerning items on the agenda.
E. The Council may adopt rules of procedure governing the conduct of Councilmembers and citizens at Council meetings and work sessions. (Ord. 2004-3 (part), 2004)
2.04.030 Procedure for handling citizen requests for placing items on Council agenda.
A. The following procedure shall be followed:
1. A citizen’s request to place an item on the agenda shall be in writing and shall clearly state the issue.
2. Upon receipt of the citizen’s written request, the Mayor shall determine whether the item is one for further Council consideration or a matter which can be responded to in a follow-up letter, by a directive for action to staff or by an administrative report at a future Council meeting.
B. If the matter does not lend itself to a clear resolution via the procedures delineated in Subsection (A)(2) of this Section, the Council, at its next work session, shall determine whether or not the matter should be placed on the Council agenda. The decision of the Council shall be communicated to the citizen making the request. (Ord. 2004-3 (part), 2004)
2.04.040 Ordinances and resolutions defined.
A. Ordinances generally amend, affect or repeal City law, whether an ordinance is codified or not.
B. Resolutions. There are 2 types of resolutions: simple resolutions and substantive resolutions.
1. Simple resolutions are not law, but are merely expressions of the opinion of the Council. Simple resolutions are used, for example, to establish or make appointments to various City commissions and task forces, to set forth positions of support or opposition of the City government on a particular subject, to accept reports of various committees, to express congratulations or condolences or other matters of a nonsubstantive or personal import.
2. Substantive resolutions have the force and effect of law. Substantive resolutions are used, for example, to amend the Charter. (Ord. 2004-3 (part), 2004)
2.04.050 Procedure for adoption of ordinances and resolutions.
A. Except as otherwise provided in this Section, ordinances shall be read at 2 meetings of the Council prior to adoption.
1. The first reading of an ordinance introduces the ordinance to Councilmembers for study and consideration and provides an opportunity for citizen input.
2. At the second reading, the Council may adopt an ordinance with or without amendment.
B. The following classes of ordinances may be adopted after one reading at a meeting of the Council:
1. Ordinances dealing with appropriations of funds from the adopted fiscal year budget, or approved community development block grant program.
2. Ordinances that are necessary to meet a public emergency affecting the public health, safety and welfare.
a. Emergency ordinances must include a section of legislative findings describing the claimed emergency in clear and specific terms and declaring that the ordinance is necessary for the immediate protection of public health, safety or welfare.
b. Emergency ordinances are effective immediately after adoption.
C. Resolutions require one reading at a meeting of the Council prior to adoption.
D. The affirmative vote of a majority of Councilmembers present at a meeting shall be required for adoption of an ordinance or resolution. (Ord. 2004-3 (part), 2004)
2.04.060 Fiscal notes.
A. Preparation of Fiscal Notes.
1. Except as provided in Subsections (4) and (5) of this Section, the City Manager or his or her designee, with the assistance of appropriate department heads, shall prepare or cause to be prepared a fiscal note for each ordinance.
2. The City Manager or his or her designee shall submit a fiscal note for an ordinance to the Council prior to the first reading of the ordinance.
3. Notwithstanding the foregoing, a fiscal note may be prepared and submitted to the Council prior to the second reading of an ordinance if the Mayor certifies that prompt Council action on an ordinance is necessary.
4. Unless an ordinance provides for expenditures in excess of the budgeted amount, a fiscal note is not necessary for an ordinance providing for expenditures specifically authorized in the current fiscal year budget ordinance or resolution or in an ordinance or resolution revising that budget.
5. A fiscal note is not necessary for emergency ordinances as defined in Section 2.04.050(B)(2).
B. Contents of Fiscal Notes.
1. A fiscal note for an ordinance shall contain an estimate of the fiscal impact of the ordinance on the revenues and expenditures of the City government:
a. During the year in which the ordinance is to become effective and the next year after, as applicable; or
b. If the full fiscal impact of an ordinance is not expected to occur during those years, the first year during which that impact is expected to occur.
2. A fiscal note shall identify the sources of information used in preparing the estimate of fiscal impact.
C. Copies.
1. The City Manager or his or her designee shall keep a copy of each fiscal note for 3 years after preparation of the note.
2. Copies of fiscal notes are available for public inspection.
D. The validity of an ordinance is not affected by the presence, absence or content of a fiscal note. (Ord. 2004-3 (part), 2004)
2.04.070 Changes in rules.
Any rule of procedure may be temporarily waived by a majority vote of the Councilmembers present, but any permanent amendment to a rule must be by ordinance or resolution, as appropriate. (Ord. 2004-3 (part), 2004)
2.04.080 Parliamentary authority.
Robert’s Rules of Order is the recognized authority as to any matter of procedure not covered by this Chapter or by rules adopted by the Council pursuant to Section 2.04.020(E). (Ord. 2004-3 (part), 2004)
2.04.090 Proclamations.
The Mayor, at his or her sole discretion, may make ceremonial proclamations that shall be read into the record during Council meetings. Proclamations shall not have any substantive effect or fiscal impact. (Ord. 2004-3 (part), 2004)
2.04.100 Salary of Mayor and Councilmembers.
A. Unless a different salary is enacted pursuant to a recommendation arising out of a periodic Council compensation review and set forth in subsection (C) of this section, the Mayor shall receive an annual salary of $13,000.00 through the date on which the Mayor elected in November 2013 is sworn in. For the period from the day following the swearing in of November 2013 until June 30, 2014, the salary shall be $13,000.00 as adjusted according to the 12-month percent of change in the annual Wage and Salaries Employment Cost Index for State and Local Government calculated as of December 2012, or 0.0%, whichever is greater. Thereafter, the Mayor’s salary shall be adjusted on July 1st of each year pursuant to the above index, or 0.0%, whichever is greater.
B. Unless a different salary is enacted pursuant to a recommendation arising out of a periodic Council compensation review and set forth in subsection (C) of this section, each Councilmember shall receive an annual salary of $10,000.00 through the date on which the Councilmembers elected in November 2013 are sworn in. For the period from the day following the swearing in of November 2013 until June 30, 2014, the salary shall be $10,000.00 as adjusted according to the 12-month percent of change in the annual Wage and Salaries Employment Cost Index for State and Local Government calculated as of December 2012, or 0.0%, whichever is greater. Thereafter, the salary of each Councilmember shall be adjusted on July 1st of each year pursuant to the above index, or 0.0%, whichever is greater.
C. Pursuant to the 2019 Council Compensation Committee’s recommendations, the salaries for the Mayor and each Councilmember are modified for future years as follows:
1. Mayor. For the period from the day following the post-election swearing in of November 2022 until June 30, 2023, the Mayor’s salary shall be $32,000.00 as adjusted according to the 12-month percent of change in the annual Wage and Salaries Employment Cost Index for State and Local Government calculated as of December 2021, or 0.0%, whichever is greater. Thereafter, the Mayor’s salary shall be adjusted on July 1st of each year pursuant to the above index, or 0.0%, whichever is greater.
2. Council. For the period from the day following the post-election swearing in of November 2022 until June 30, 2023, the salary for each Councilmember shall be $24,000.00 as adjusted according to the 12-month percent of change in the annual Wage and Salaries Employment Cost Index for State and Local Government calculated as of December 2021, or 0.0%, whichever is greater. Thereafter, the salary of each Councilmember shall be adjusted on July 1st of each year pursuant to the above index, or 0.0%, whichever is greater.
D. In the event that a staff wage adjustment is suspended due to financial constraints, adjustments to the salaries of the Mayor and each Councilmember shall also be suspended.
E. The Mayor and Councilmembers shall be paid biweekly in accordance with the City’s regular payroll schedule. (Ord. 2021-46, 2021/Ord. 2015-51 § 1, 2015/Ord. 2012-53 § 1, 2012/Ord. 2007-42, 2007/Ord. 2004-3 (part), 2004)
2.04.105 Health insurance benefits of Mayor and Councilmembers.
A. Unless different health insurance benefits are enacted pursuant to a recommendation arising out of a periodic Council compensation review and identified in subsection (B) of this section, effective the day after the Mayor and Councilmembers are sworn in following the November 2013 election, the Mayor and each Councilmember may participate in the City’s health insurance program on a cost sharing basis, with the City paying 50% of the lowest cost base premium rate for individual coverage.
B. Pursuant to the 2019 Council Compensation Committee’s recommendations, the benefits for the Mayor and each Councilmember are modified for future years as follows:
1. Following the post-election swearing in of November 2022, the Mayor and Council shall be eligible to receive health insurance benefits equivalent to those of full-time City employees. (Ord. 2021-46, 2021/Ord. 2015-51 § 1, 2015/Ord. 2012-53 § 1, 2012)
2.04.110 Periodic review of council compensation.
A. Council Compensation Committee. The Council shall appoint a committee of City residents, at least every four years, to serve as the Council Compensation Committee. The Committee shall review the salaries of the Mayor and Councilmembers and recommend to the Council whether such salaries should be changed, as well as review the principles of compensation.
B. Principles of Compensation. The purpose of compensation is to provide the Mayor and Councilmembers with salary and nonsalary benefits which promote a more equitable incentive and opportunity for residents to run for elected office. The Council Compensation Committee shall apply the following principles to guide its recommendations:
1. The City of Takoma Park is committed to the fair and equitable administration of compensation, which includes salary and benefits;
2. Compensation shall be balanced between the City’s financial condition and fiscal capacity, and the service and stewardship provided by the Mayor and Councilmembers;
3. In recognition of the complex community-oriented nature of the work performed by the Takoma Park City Council, the City should strive to maintain a compensation structure that provides fair and reasonable compensation which need not be comparable with municipalities of similar size;
4. To recognize increased responsibility, the Mayor’s salary shall be greater than that of the Councilmembers; and
5. Information regarding compensation of the Mayor and Councilmembers shall be transparent and easily accessible.
C. Effective Date of Council Salary Adjustment. Any change in the salary paid to the Mayor and Councilmembers shall be adopted prior to the next municipal election and takes effect only as to the next succeeding Mayor and Councilmembers as prescribed in Sections 302(c) and 304(c) of the Municipal Charter. (Ord. 2021-46, 2021/Ord. 2020-29, 2020/Ord. 2004-3 (part), 2004)