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<baltimore-city-law heading="Chapter 5 – Councilmembers">
  <section prefix="Rule" num="5-1" heading="Seating and offices">
    <para num="(a)">Assignment. Councilmembers shall occupy the seats in the Council Chamber and the offices that the President assigns them.</para>
    <para num="(b)">Speaking and voting. No Councilmember may speak or vote except from that member’s assigned seat.</para>
  </section>
  <section prefix="Rule" num="5-2" heading="Addressing Chair">
    <para num="(a)">In general. If a Councilmember wants to make a motion or to speak on any matter, the Councilmember shall:<para num="(1)">rise from their seat;</para>
      <para num="(2)">address the chair as “Mr./Madam President” or “Mr./Madam Chair”; and</para>
      <para num="(3)">proceed no further until recognized.</para>
    </para>
    <para num="(b)">Recognition sought by 2 or more.<para num="(1)">If 2 or more Councilmembers seek recognition at the same time, the President determines which Councilmember is entitled to the floor.</para>
      <para num="(2)">With the consent of the President, a Councilmember may yield the floor to another.</para>
    </para>
  </section>
  <section prefix="Rule" num="5-3" heading="Debate limitations">
    <para num="(a)">Opening. The maker of a motion is entitled to speak first on the motion.</para>
    <para num="(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.</para>
    <para num="(c)">Subject matter. A Councilmember shall confine their remarks to the subject under debate.</para>
    <para num="(d)">Closing. The maker of the motion is entitled to close the debate on the motion after other Councilmembers wishing to speak have spoken.</para>
  </section>
  <section prefix="Rule" num="5-4" heading="Roll call">
    <para num="(a)">Demand for roll call.<para num="(1)">Any Councilmember may demand a roll call vote on any question pending before the Council.</para>
      <para num="(2)">The demand shall be made promptly, before consideration of the next order of business.</para>
    </para>
    <para num="(b)">How taken.<para num="(1)">Each roll call is to be taken by district.</para>
      <para num="(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.</para>
      <para num="(3)">In a matter of import to one particular district, the roll call may begin with that district and then continue in numerical order.</para>
    </para>
  </section>
  <section prefix="Rule" num="5-5" heading="Voting options">
    <para num="(a)">In general. When a question is put, every Councilmember present shall vote either “yea” or “nay”.</para>
    <para num="(b)">“Pass”. When called to vote a Councilmember may “pass” 1 time to vote later in the roll call.</para>
    <para num="(c)">Abstentions.<para num="(1)">In general. Before a vote, a Councilmember may rise to abstain or disqualify themself and request that they be excused from a vote.</para>
      <para num="(2)">Counting quorum.<para num="(i)">Councilmembers who are present but abstaining or excused from voting still count towards a quorum when required by the Charter.</para>
        <para num="(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.</para>
      </para>
      <para num="(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.</para>
    </para>
  </section>
  <section prefix="Rule" num="5-6" heading="Explanation of vote">
    <para num="(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.</para>
    <para num="(b)">Limitations.<para num="(1)">No Councilmember may take longer than 5 minutes to explain their vote.</para>
      <para num="(2)">A Councilmember may not yield or transfer any unused time to another member.</para>
    </para>
  </section>
  <section prefix="Rule" num="5-7" heading="Breach of rule">
    <para num="(a)">In general.<para num="(1)">If a Councilmember violates any rule of the Council, the President shall declare the member out of order.</para>
      <para num="(2)">If the President fails to do so, any Councilmember may raise a point of order.</para>
    </para>
    <para num="(b)">Member to be seated. If the President declares a Councilmember out of order, the member shall:<para num="(1)">immediately take a seat; and</para>
      <para num="(2)">remain seated until it is determined that the member is in order.</para>
    </para>
    <para num="(c)">Appeal. If an appeal is taken from the decision of the President, the member involved shall relinquish the floor.</para>
  </section>
  <section prefix="Rule" num="5-8" heading="Legal opinions">
    <para num="(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.</para>
    <para num="(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.</para>
  </section>
  <section prefix="Rule" num="5-9" heading="Journalizing approvals or protests">
    <para num="(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.</para>
    <para num="(b)">Procedure. For this purpose, an approval or protest shall be:<para num="(1)">in writing;</para>
      <para num="(2)">couched in respectful language; and</para>
      <para num="(3)">presented to the Council no later than the next regular meeting after the bill’s passage.</para>
    </para>
  </section>
  <section prefix="Rule" num="5-10" heading="Personal privilege">
    <para num="(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.</para>
    <para num="(b)">Scope of discussion. While addressing the Council on a point of personal privilege, the Councilmember may not discuss any pending question or issue.</para>
  </section>
  <section prefix="Rule" num="5-11" heading="Council Member Vacancy">
    <para num="(a)">Scope. This rule applies whenever a vacancy of an individual member occurs in the Council.</para>
    <para num="(b)">Nominating Committee.<para num="(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.</para>
      <para num="(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:<para num="(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;</para>
        <para num="(ii)">at least one member shall be an individual between 18 and 24 years of age;</para>
        <para num="(iii)">at least one member shall be 65 or older;</para>
        <para num="(iv)">no association may have more than one representative on the Committee; and</para>
        <para num="(v)">3 shall be representatives of businesses or business organizations located within the vacant district.</para>
      </para>
      <para num="(3)">2 members of the Committee shall be members of the City Council, each from a district that abuts the vacant district.</para>
      <para num="(4)">The President shall appoint the Chair of the Nominating Committee from among the Committee’s members.</para>
      <para num="(5)">Members serving on the Nominating Committee may not be appointed to fill a vacancy.</para>
    </para>
    <para num="(c)">All actions to be in public.<para num="(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.</para>
      <para num="(2)">The President shall publish on the City Council’s website the:<para num="(i)">names and affiliations for all Nominating Committee members;</para>
        <para num="(ii)">application rules and procedures for prospective Councilmembers; and.</para>
        <para num="(iii)">contact information for the Committee.</para>
      </para>
    </para>
    <para num="(d)">Public hearing.<para num="(1)">The Nominating Committee shall hold a public hearing in connection with the filling of the vacancy which:<para num="(i)">all applicants shall introduce themselves; and</para>
        <para num="(ii)">the public has the opportunity to testify.</para>
      </para>
      <para num="(2)">The hearing shall be held within 30 days after the vacancy occurs.</para>
      <para num="(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.</para>
    </para>
    <para num="(e)">Applicants. Applicants shall:<para num="(1)">possess the qualifications specified in Article III, § 1 {“Legislative Department; Qualification and salary of members”} of the Charter; and</para>
      <para num="(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.</para>
    </para>
    <para num="(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.</para>
    <para num="(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.</para>
    <para num="(h)">Action by Council.<para num="(1)">The vote of the Council on the Committee’s nomination shall be taken by roll call.</para>
      <para num="(2)">If the Council rejects the Committee’s nomination, the Committee shall:</para>
    </para>
    <para num="(i)">promptly reconvene for further deliberations; and</para>
    <para num="(ii)">return with a further recommendation by the next meeting of the Council.</para>
  </section>
  <section prefix="Rule" num="5-12" heading="Council President Vacancy">
    <para num="(a)">Scope. This rule applies whenever a vacancy of the presidency occurs in the Council.</para>
    <para num="(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.</para>
    <para num="(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.</para>
    <para num="(b)">Nominating Committee.<para num="(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.</para>
      <para num="(2)">At least a majority of the members of the Committee shall be residents of and registered voters in the City. Of these:<para num="(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;</para>
        <para num="(ii)">at least one member shall be an individual between 18 and 24 years of age;</para>
        <para num="(iii)">at least one member shall be 65 or older;</para>
        <para num="(iii)">no association may have more than one representative on the Committee; and</para>
        <para num="(iv)">3 shall be representatives of businesses or business organizations located within the City.</para>
      </para>
      <para num="(3)">2 members of the Committee shall be members of the City Council.</para>
      <para num="(4)">The Vice President shall appoint the Chair of the Nominating Committee from among the Committee’s members.</para>
    </para>
    <para num="(c)">All actions to be in public.<para num="(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.</para>
      <para num="(2)">The Vice President shall publish on the City Council’s website the:<para num="(i)">names and affiliations for all Nominating Committee members;</para>
        <para num="(ii)">application rules and procedures for prospective Councilmembers; and.</para>
        <para num="(iii)">contact information for the Committee.</para>
      </para>
    </para>
    <para num="(d)">Public hearing.<para num="(1)">The Nominating Committee shall hold a public hearing in connection with the filling of the vacancy.</para>
      <para num="(2)">The hearing shall be held within 30 days after the vacancy occurs.</para>
      <para num="(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.</para>
    </para>
    <para num="(e)">Applicants. Applicants shall:<para num="(1)">possess the qualifications specified in Article III, § 3 {“President”} of the Charter; and</para>
      <para num="(2)">submit their resumes to the Nominating Committee before the day of the public hearing required by subsection (d) of this Rule.</para>
    </para>
    <para num="(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.</para>
    <para num="(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.</para>
    <para num="(h)">Action by Council.<para num="(1)">The vote of the Council on the Committee’s nomination shall be taken by roll call.</para>
      <para num="(2)">If the Council rejects the Committee’s nomination, the Committee shall:</para>
    </para>
    <para num="(i)">promptly reconvene for further deliberations; and</para>
    <para num="(ii)">return with a further recommendation by the next meeting of the Council.</para>
  </section>
</baltimore-city-law>
