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<baltimore-city-law heading="Subtitle 59 – Community Reinvestment and Reparations Commission">
  <section prefix="§" num="59-1" heading="Definitions.">
    <para num="(a)" heading="In general.">In this subtitle, the following terms have the meanings indicated.</para>
    <para num="(b)" heading="Area median income.">“Area median income” means the median household income for an area adjusted for household size, as published and annually updated by the United States Department of Housing and Urban Development.</para>
    <para num="(c)" heading="Cannabis.">“Cannabis” has the meaning stated in § 5-101 {“Definitions”} of the State Criminal Law Article.</para>
    <para num="(d)" heading="Commission.">“Commission” means the Community Reinvestment and Reparations Commission.</para>
    <para num="(e)" heading="Community-based organization.">“Community-based organization” means a public or private organization that is representative of a community or significant segments of a community, and provides educational, health, or social services to individuals in the community.</para>
    <para num="(f)" heading="Demonstrated knowledge.">“Demonstrated knowledge” means an individual has displayed competency with a subject, as demonstrated by:<para num="(1)">publishing written material</para>
      <para num="(2)">delivering programmatic offerings to the public; or</para>
      <para num="(3)">creating and providing to the public educational materials.</para>
    </para>
    <para num="(g)" heading="Direct.">“Direct” means to carry out the organizing, energizing, and supervising of funds disbursed to the City pursuant to § 13-4601 {“Community Reinvestment and Repair Fund”} of the State Health-General Article .</para>
    <para num="(h)" heading="Fund.">“Fund” means the State Community Investment and Repair Fund.</para>
    <para num="(i)" heading="Low-income community.">“Low-income community” means a community where the average household income is less than 80% of the Area Median Income.</para>
    <para num="(j)" heading="Structural racism.">“Structural racism” means a policy or set of policies that widen the social and political disadvantages within society for members of 1 or more minority groups.</para>
    <para num="(k)" heading="White supremacy.">“White supremacy” means the belief, theory, or doctrine that white people are superior to those of other races and thus should dominate them.</para>
  </section>
  <section prefix="§" num="59-2" heading="Commission created; purpose; duties.">
    <para num="(a)" heading="Established.">There is a Community Reinvestment and Reparations Commission.</para>
    <para num="(b)" heading="Purpose.">The purpose of the Commission is to determine the use of the funds disbursed to Baltimore City from the State Community Reinvestment and Repair Fund, direct the expenditures appropriated for those uses, and submit any reports required in accordance with Title 13, Subtitle 46 {“Community Reinvestment and Repair Fund”} of the State Health - General Article.</para>
    <para num="(c)" heading="Duties.">In accordance with the provisions of Title 13, Subtitle 46 {“Community Reinvestment and Repair Fund”} of the State Health - General Article, the members of the Commission shall:<para num="(1)">establish the purposes for which money from the Fund may be used in accordance with Title 13, Subtitle 46 {“Community Reinvestment and Repair Fund”} of the State Health - General Article;</para>
      <para num="(2)">direct the expenditures appropriated for supplemental funding to community-based organizations for services and programs intended to benefit low-income communities in accordance with State law;</para>
      <para num="(3)">in directing expenditures as empowered under paragraph 2 of this subsection, prioritize community-based organizations that have been historically underfunded; and</para>
      <para num="(4)">prepare and publish the biannual report required by State law.</para>
    </para>
  </section>
  <section prefix="§" num="59-3" heading="Members.">
    <para num="(a)" heading="In general.">
      <para num="(1)">The Commission is comprised of 17 members.</para>
      <para num="(2)">Of these:<para num="(i)">16 members are appointed by the Mayor in accordance with &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6"&gt;Article IV, § 6 of the Baltimore City Charter&lt;/cite&gt;; and</para>
        <para num="(ii)">1 member shall be the Baltimore City Comptroller or the Comptroller’s designee, serving as an ex officio member.</para>
      </para>
    </para>
    <para num="(b)" heading="Appointed members: Qualifications.">Of the 16 members appointed by the Mayor:<para num="(1)">1 member must be appointed from each of the 14 Council Districts;</para>
      <para num="(2)">at least 1 member must be a service provider for incarcerated persons or persons with a criminal record; and</para>
      <para num="(3)">at least 1 member must be a representative from a community-based organization that works with low-income communities.</para>
    </para>
    <para num="(c)" heading="City Council candidates.">
      <para num="(1)">Each member of the City Council and the City Council President shall propose 1 candidate to the Mayor for the Mayor’s consideration for appointment to the Commission.</para>
      <para num="(2)">The Mayor shall consider the candidates proposed by the City Council for appointment to the Board and may nominate the candidates at the Mayor’s discretion in accordance with &lt;cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6"&gt;City Charter Article IV, § 6&lt;/cite&gt;.</para>
      <para num="(3)">If the Mayor rejects a candidate proposed by the City Council, the Mayor must provide a written response to the City Council justifying why the Mayor rejected the candidate.</para>
    </para>
    <para num="(d)">General knowledge.
An individual who is appointed to the Commission must have a demonstrated knowledge of 1 or more of the following:<para num="(1)">the history of the resistance of people of African descent to white supremacy, enslavement, Jim Crow laws, and other examples of racial violence and discrimination;</para>
      <para num="(2)">the history of the resistance of racial, ethnic, and other minority groups against discrimination, violence, and inequality;</para>
      <para num="(3)">the needs of individuals returning to the community after incarceration;</para>
      <para num="(4)">the impact of the disproportionate enforcement of drug laws on the quality of life experience by racial and ethnic minorities, especially people of African descent, including specialization in:<para num="(i)">the disruption of families;</para>
        <para num="(ii)">exposure to the prison system;</para>
        <para num="(iii)">trauma experienced as a result of community and police violence; or</para>
        <para num="(iv)">another similar factor contributing to quality of life; and</para>
      </para>
      <para num="(5)">methods for delivering community investment that empower marginalized people to have a voice in the distribution of resources.</para>
    </para>
  </section>
  <section prefix="§" num="59-4" heading="Terms; chair; removal.">
    <para num="(a)" heading="Terms of appointed members.">
      <para num="(1)">Each member of the Commission serves a 4-year term, concurrent with the Mayor’s term of office.</para>
      <para num="(2)">An appointed member of the Commission may not serve more than 2 consecutive full terms.</para>
      <para num="(3)">A member of the Commission appointed to fill a vacancy serves the rest of the unexpired term.</para>
      <para num="(4)">A member of the Committee continues in office until the member’s successor is appointed and qualified.</para>
    </para>
    <para num="(b)" heading="Commission Chair.">One member of the Commission shall be elected as Chair by majority vote of the members of the Commission.</para>
    <para num="(c)" heading="Removal.">The Commission, with the approval of ¾ of its members,  may remove a member for neglect of duty or misconduct in office.</para>
  </section>
  <section prefix="§" num="59-5" heading="Compensation; expenses; staff.">
    <para num="(a)" heading="Compensation.">Each member of the Commission shall be compensated as provided for in the Ordinance of Estimates.</para>
    <para num="(b)" heading="Expenses.">Each member may be reimbursed for necessary and proper expenses incurred in the performance of the member’s duties.</para>
    <para num="(c)" heading="Staff.">The Commission shall have such staff as provided for in the Ordinance of Estimates to assist the Commission in fulfilling its duties as provided for under &lt;cite data-path="|1|§59-2"&gt;§ 59-2 {“Commission created; purpose; duties”} of this subtitle&lt;/cite&gt;.</para>
  </section>
  <section prefix="§" num="59-6" heading="Meetings.">
    <para num="(a)" heading="In general.">The Commission must meet at the call of the Chair as frequently as required to perform its duties, but not less than 1 time each quarter of the year.</para>
    <para num="(b)" heading="Quorum.">A simple majority of the members of the Commission shall serve as quorum.</para>
    <para num="(c)" heading="Voting.">An affirmative vote by the majority of a quorum is needed for any official action.</para>
  </section>
  <section prefix="§" num="59-7" heading="Biannual report.">
    <para num="(a)" heading="In general.">Beginning in 2024, on or before December 1 and every 2 years thereafter, the Commission shall create and publish the report required by § 13-4601(b)(2)(ii) of the State Health - General Article.</para>
    <para num="(b)" heading="Recipients.">The Commission shall submit the report to the following recipients:<para num="(1)">the Mayor;</para>
      <para num="(2)">the City Council;</para>
      <para num="(3)">the Governor;</para>
      <para num="(4)">the State Budget and Taxation Committee;</para>
      <para num="(5)">the State Senate Finance Committee;</para>
      <para num="(6)">the State House Judiciary Committee;</para>
      <para num="(7)">the State House Health and Government Operations Committee; and</para>
      <para num="(8)">any other entity required by State law.</para>
    </para>
    <para num="(c)" heading="Contents.">The report required by this section shall include:<para num="(1)">recommendations to the Mayor and City Council regarding repairing the damage done to communities determined by The Office of the Attorney General to have been the most impacted by disproportionate enforcement of the cannabis prohibition in Baltimore City before July 1, 2022; and</para>
      <para num="(2)">recommendations to the Mayor and City Council regarding repairing the damage done to racial and ethnic minority communities in Baltimore City by structurally racist and white supremacist policies.</para>
    </para>
  </section>
  <section prefix="§" num="59-8" heading="Rules and regulations.">
    <text>Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Commission may adopt rules and regulations to carry out the provisions of this subtitle.</text>
    <annotation type="History">Ord. 23-249</annotation>
  </section>
</baltimore-city-law>
