Chapter 5 – Councilmembers
Current through 2024. Source: DLR publication. Published by the Baltimore City Department of Legislative Reference.
Balt., Md., Council Rules r. 5-1 (2026)
Rule 5-1 Seating and officesLinkCopy Citation
(a)
Assignment. Councilmembers shall occupy the seats in the Council Chamber and the offices that the President assigns them.
(b)
Speaking and voting. No Councilmember may speak or vote except from that member’s assigned seat.
Balt., Md., Council Rules r. 5-2 (2026)
Rule 5-2 Addressing ChairLinkCopy Citation
(a)
In general. If a Councilmember wants to make a motion or to speak on any matter, the Councilmember shall:
(1)
rise from their seat;
(2)
address the chair as “Mr./Madam President” or “Mr./Madam Chair”; and
(3)
proceed no further until recognized.
(b)
Recognition sought by 2 or more.
(1)
If 2 or more Councilmembers seek recognition at the same time, the President determines which Councilmember is entitled to the floor.
(2)
With the consent of the President, a Councilmember may yield the floor to another.
Balt., Md., Council Rules r. 5-3 (2026)
Rule 5-3 Debate limitationsLinkCopy Citation
(a)
Opening. The maker of a motion is entitled to speak first on the motion.
(b)
Equal time. A Councilmember may not speak more than once on any subject until every other Councilmember who wants to speak on the subject has been able to do so.
(c)
Subject matter. A Councilmember shall confine their remarks to the subject under debate.
(d)
Closing. The maker of the motion is entitled to close the debate on the motion after other Councilmembers wishing to speak have spoken.
Balt., Md., Council Rules r. 5-4 (2026)
Rule 5-4 Roll callLinkCopy Citation
(a)
Demand for roll call.
(1)
Any Councilmember may demand a roll call vote on any question pending before the Council.
(2)
The demand shall be made promptly, before consideration of the next order of business.
(b)
How taken.
(1)
Each roll call is to be taken by district.
(2)
Except as specified in paragraph (3), of this subsection, the roll begins with the district that the President designates and then continues in numerical order.
(3)
In a matter of import to one particular district, the roll call may begin with that district and then continue in numerical order.
Balt., Md., Council Rules r. 5-5 (2026)
Rule 5-5 Voting optionsLinkCopy Citation
(a)
In general. When a question is put, every Councilmember present shall vote either “yea” or “nay”.
(b)
“Pass”. When called to vote a Councilmember may “pass” 1 time to vote later in the roll call.
(c)
Abstentions.
(1)
In general. Before a vote, a Councilmember may rise to abstain or disqualify themself and request that they be excused from a vote.
(2)
Counting quorum.
(i)
Councilmembers who are present but abstaining or excused from voting still count towards a quorum when required by the Charter.
(ii)
Except when otherwise mandatory under the Charter, votes requiring a majority or other proportion of votes without specifying whether the vote refers to the entire membership or to the members present, or to the members present and voting, the rule is that the proportion refers to the number present and voting.
(3)
Ethics; Abstention. Under Article 8 {“Ethics”}, § 6-6 {“Prohibited participation”} of the City Code a member shall abstain on any question in which the member has an interest that would violate Article 8, § 6-6 of the City Code.
Balt., Md., Council Rules r. 5-6 (2026)
Rule 5-6 Explanation of voteLinkCopy Citation
(a)
Right to explain. A Councilmember may rise to explain their vote on any question after all Councilmembers have voted and the vote has been recorded.
(b)
Limitations.
(1)
No Councilmember may take longer than 5 minutes to explain their vote.
(2)
A Councilmember may not yield or transfer any unused time to another member.
Balt., Md., Council Rules r. 5-7 (2026)
Rule 5-7 Breach of ruleLinkCopy Citation
(a)
In general.
(1)
If a Councilmember violates any rule of the Council, the President shall declare the member out of order.
(2)
If the President fails to do so, any Councilmember may raise a point of order.
(b)
Member to be seated. If the President declares a Councilmember out of order, the member shall:
(1)
immediately take a seat; and
(2)
remain seated until it is determined that the member is in order.
(c)
Appeal. If an appeal is taken from the decision of the President, the member involved shall relinquish the floor.
Balt., Md., Council Rules r. 5-8 (2026)
Rule 5-8 Legal opinionsLinkCopy Citation
(1)
In accordance with Article VII, § 24(b) {“Legal proceedings; Opinions and advice; Deeds, contracts, etc.”} of the Charter, an opinion from the City Solicitor on a legal question affecting City interests, is obtained by submitting a written request for the opinion to the President or to the chair of any committee who can submit it to the City Solicitor.
(2)
A Councilmember may receive legal advice from the General Counsel to the City Council as provided for in Article III, § 15 {“General Counsel”} of the Charter.
Balt., Md., Council Rules r. 5-9 (2026)
Rule 5-9 Journalizing approvals or protestsLinkCopy Citation
(a)
Right. Any Councilmember who approves of or protests against a bill passed by the Council is entitled to have that approval or protest, together with the reasons for it, entered on the Journal.
(b)
Procedure. For this purpose, an approval or protest shall be:
(1)
in writing;
(2)
couched in respectful language; and
(3)
presented to the Council no later than the next regular meeting after the bill’s passage.
Balt., Md., Council Rules r. 5-10 (2026)
Rule 5-10 Personal privilegeLinkCopy Citation
(a)
Scope of privilege. The right of a Councilmember to address the Council on a point of personal privilege is limited to cases in which the member’s integrity, character, or motives have been assailed, questioned, or impugned.
(b)
Scope of discussion. While addressing the Council on a point of personal privilege, the Councilmember may not discuss any pending question or issue.
Balt., Md., Council Rules r. 5-11 (2026)
Rule 5-11 Council Member VacancyLinkCopy Citation
(a)
Scope. This rule applies whenever a vacancy of an individual member occurs in the Council.
(b)
Nominating Committee.
(1)
Within 7 days after a vacancy occurs, the President shall appoint a Nominating Committee of at least 13 members, but no more than 25, as provided in this Rule.
(2)
At least a majority of the members of the Committee shall be residents of and registered voters in the district in which the vacancy occurred. Of these:
(i)
at least a majority of the members shall be selected from the Presidents, or the Presidents’ designees, of community, neighborhood, or improvement associations listed with the Department of Planning for areas within the vacant district;
(ii)
at least one member shall be an individual between 18 and 24 years of age;
(iii)
at least one member shall be 65 or older;
(iv)
no association may have more than one representative on the Committee; and
(v)
3 shall be representatives of businesses or business organizations located within the vacant district.
(3)
2 members of the Committee shall be members of the City Council, each from a district that abuts the vacant district.
(4)
The President shall appoint the Chair of the Nominating Committee from among the Committee’s members.
(5)
Members serving on the Nominating Committee may not be appointed to fill a vacancy.
(c)
All actions to be in public.
(1)
All interviews, meetings, deliberations, votes, decisions, and other actions of the Nominating Committee shall be conducted in sessions open to the public, with reasonable advance public notice of those sessions, as provided in the State Open Meetings Act.
(2)
The President shall publish on the City Council’s website the:
(i)
names and affiliations for all Nominating Committee members;
(ii)
application rules and procedures for prospective Councilmembers; and.
(iii)
contact information for the Committee.
(d)
Public hearing.
(1)
The Nominating Committee shall hold a public hearing in connection with the filling of the vacancy which:
(i)
all applicants shall introduce themselves; and
(ii)
the public has the opportunity to testify.
(2)
The hearing shall be held within 30 days after the vacancy occurs.
(3)
Public notice of the hearing shall be given at least 7 days before it is held; and the Office of Council Services shall ensure that the hearing has been advertised by the Council President’s Office and certify to the Council that the hearing has been advertised.
(e)
Applicants. Applicants shall:
(1)
possess the qualifications specified in Article III, § 1 {“Legislative Department; Qualification and salary of members”} of the Charter; and
(2)
submit an application to the Nominating Committee in the form prescribed by the President or the President’s designee, at least 14 days before the day of the public hearing.
(f)
Interviews. After the public hearing required by subsection (d) of this Rule, the Nominating Committee may conduct additional hearings with any applicant who appeared at the subsection (d) hearing.
(g)
Report to Council. Within 30 days of the public hearing, the Nominating Committee shall report to the Council the name of the individual it recommends to fill the vacancy. This recommendation shall be made by a majority roll call vote of the entire Nominating Committee membership. This vote shall be taken at a meeting, publicly advertised on the City Council’s website, at which a majority of all Committee members are present.
(h)
Action by Council.
(1)
The vote of the Council on the Committee’s nomination shall be taken by roll call.
(2)
If the Council rejects the Committee’s nomination, the Committee shall:
(i)
promptly reconvene for further deliberations; and
(ii)
return with a further recommendation by the next meeting of the Council.
Balt., Md., Council Rules r. 5-12 (2026)
Rule 5-12 Council President VacancyLinkCopy Citation
(a)
Scope. This rule applies whenever a vacancy of the presidency occurs in the Council.
(b)
The Council may elect an existing member. As per Article III, § 4 {“Vacancy in presidency”} of the Charter, the City Council of Baltimore may elect, by a majority vote of its members, a new president for the unexpired term from its existing members.
(c)
The Council need not elect an existing member. Under Article III, § 4 {“Vacancy in presidency”} of the Charter, if the City Council of Baltimore elects, by a majority vote of its members, to not elect an existing member to the presidency, filling of the vacancy follows the process below.
(b)
Nominating Committee.
(1)
Within 7 days after a vacancy occurs, the Vice President shall appoint a Nominating Committee of at least 13 members, but no more than 25, as provided in this Rule.
(2)
At least a majority of the members of the Committee shall be residents of and registered voters in the City. Of these:
(i)
at least a majority of the members shall be selected from the Presidents, or the Presidents’ designees, of community, neighborhood, or improvement associations listed with the Department of Planning for areas within the City;
(ii)
at least one member shall be an individual between 18 and 24 years of age;
(iii)
at least one member shall be 65 or older;
(iii)
no association may have more than one representative on the Committee; and
(iv)
3 shall be representatives of businesses or business organizations located within the City.
(3)
2 members of the Committee shall be members of the City Council.
(4)
The Vice President shall appoint the Chair of the Nominating Committee from among the Committee’s members.
(c)
All actions to be in public.
(1)
All interviews, meetings, deliberations, votes, decisions, and other actions of the Nominating Committee shall be conducted in sessions open to the public, with reasonable advance public notice of those sessions, as provided in the State Open Meetings Act.
(2)
The Vice President shall publish on the City Council’s website the:
(i)
names and affiliations for all Nominating Committee members;
(ii)
application rules and procedures for prospective Councilmembers; and.
(iii)
contact information for the Committee.
(d)
Public hearing.
(1)
The Nominating Committee shall hold a public hearing in connection with the filling of the vacancy.
(2)
The hearing shall be held within 30 days after the vacancy occurs.
(3)
Public notice of the hearing shall be given at least 7 days before it is held; and the Office of Council Services shall ensure that the hearing has been advertised by the Council Vice President’s Office and certify to the Council that the hearing has been advertised.
(e)
Applicants. Applicants shall:
(1)
possess the qualifications specified in Article III, § 3 {“President”} of the Charter; and
(2)
submit their resumes to the Nominating Committee before the day of the public hearing required by subsection (d) of this Rule.
(f)
Additional hearings. After the public hearing required by subsection (d) of this Rule, the Nominating Committee may conduct additional hearings with any applicant who appeared at the subsection (d) hearing.
(g)
Report to Council. Within 30 days of the public hearing, the Nominating Committee shall report to the Council the name of the individual it recommends to fill the vacancy. This recommendation shall be made by a majority roll call vote of the entire Nominating Committee membership. This vote shall be taken at a meeting.
(h)
Action by Council.
(1)
The vote of the Council on the Committee’s nomination shall be taken by roll call.
(2)
If the Council rejects the Committee’s nomination, the Committee shall:
(i)
promptly reconvene for further deliberations; and
(ii)
return with a further recommendation by the next meeting of the Council.