Article III. Legislative Branch

The Legislative Branch of the County government shall consist of the County Council, hereinafter referred to as the Council, and the officers and employees thereof. The Council shall be composed of nine district members and two at-large members.

All legislative powers which may be exercised by Prince George's County under the Constitution and laws of Maryland, including all law making powers heretofore exercised by the General Assembly of Maryland but transferred to the people of the County by virtue of the adoption of this Charter, shall be vested in the Council.

The Council shall be elected at the same time as State officers and in the manner provided by law. Each district member of the Council, at the time of their election, shall reside in a different one of the nine Council districts of the County, and shall be nominated and elected by the qualified voters of the Council district in which they reside. Two members of the Council shall be nominated and elected by the qualified voters of the entire County.

The boundaries of Council districts shall be reestablished in 1982 and every tenth year thereafter. Whenever district boundaries are to be reestablished the Council shall appoint, not later than February 1 of the year prior to the year in which redistricting is to be effective, a commission on redistricting, composed of two members from each political party chosen from a list of five names submitted by the Central Committee of each political party which polled at least fifteen percent of the total vote cast for all candidates for the Council in the immediately preceding regular election. The Council shall appoint one additional member of the Commission who shall serve as chair. No person shall be eligible for appointment to the Commission if they hold any elected office. By September 1 of the year prior to the year in which redistricting is to be effective, the Commission shall prepare, publish, and make available a plan of Council districts and shall present that plan, together with a report explaining it, to the Council. The plan shall provide for Council districts that are compact, contiguous, and equal in population. No less than fifteen calendar days and no more than thirty calendar days after receiving the plan of the Commission, the Council shall hold a public hearing on the plan. If the Council passes no other law changing the proposal, then the plan, as submitted, shall become law, as of the last day of November, as an act of the Council, subject to Sections 320 and 321 of this Charter. Such law shall be adopted by resolution of the County Council upon notice and public hearing.

Each member of the Council shall serve for a term beginning at noon on the first Monday in December next following their election and ending at noon on the first Monday in December in the fourth year thereafter.

An at-large Council member shall have been a qualified voter of Prince George's County for at least one year immediately preceding their general election. Council members representing one of the nine Council districts shall have been a qualified voter of their respective Council district for at least one year immediately preceding their general election. In an election year immediately following an approved decennial redistricting plan changing the boundaries of any Council district, the one-year residency requirement immediately preceding the general election shall not apply if a person is deemed a qualified voter but no longer resides in their former Council district because of a boundary change in the approved decennial redistricting plan. Such person shall have resided in their former Council district for at least one-year immediately preceding their general election and shall reside in the same Council district as changed in the approved decennial redistricting plan by the deadline for filing a certificate of candidacy. During their term of office, they shall not hold any other office of profit in state, county, or municipal government. A Council member shall not, during the whole term for which they were elected, be eligible for appointment to any County office or position carrying compensation which has been created during their term of office.

No person shall be eligible to serve more than two consecutive terms on the County Council. No person shall be eligible to serve more than two consecutive terms as County Executive; provided that a Council member who has served two terms as a district member shall be eligible to run for an at-large seat on the Council and is eligible to serve for no more than two consecutive terms as an at-large member. This Section shall apply to all persons who are currently serving on the County Council or as County Executive on the effective date of this Section and to all persons elected thereafter.

A Council member may be removed from office by the affirmative vote of not less than two-thirds of the members of the full Council after a public hearing and only upon a finding that they are unable by reason of physical or mental disability to perform the duties of their office. The decision of the Council may be appealed by the Council member within ten days to the Circuit Court by petition. Upon filing of a petition, the Court may stay the removal pending its decision. Upon appeal, the Court shall make de novo determinations of fact.

The compensation of Council members may be changed by an affirmative vote of not less than two-thirds of the members of the full Council. Establishing not later than one year prior to the beginning of each fourth year of a term, by ordinance, the Council shall establish a commission appointed by the Council and the County Executive to recommend compensation and allowances for members of the Council and the County Executive. The commission shall commence its work at the discretion of the chair of the commission. Within 15 days after the beginning of the fourth year of the term, a commission established under this section, by resolution, shall submit to the Council its recommendation for the compensation and allowances for members of the Council and the County Executive. The commission may recommend an increase or decrease in the compensation and allowances for members of the Council and County Executive. Membership on the Council shall be considered a full-time position for the purpose of determining compensation. The Council may, within ninety days of the receipt of the commission's recommendation, by ordinance, accept, reduce, or reject but may not increase any item of the recommendation by a vote of not less than two-thirds of the full Council. Any change in the compensation and allowances for members of the Council shall be enacted by ordinance before the election for the members of the next succeeding Council and take effect only for the members of the next succeeding Council. The compensation or allowances for Council members may not be less than provided in the Charter.

A vacancy in the Council shall exist upon the death or resignation of a Council member, or upon forfeiture of, or removal from office. The Council shall provide by law for the conduct of special elections to fill any vacancy on the Council that occurs during the first three years of a term. When a vacancy occurs during the last year of a term, a majority of the remaining members of the Council shall appoint a qualified person to fill the vacancy.

A member of the Council shall immediately forfeit their office if they cease to be a qualified voter of the County. In the case of a Council member required to reside in a particular Council district, they shall forfeit their office if they cease to be a resident of the Council district in which they resided at the time of their election; provided that no member of the Council shall forfeit their office by reason of any change in the boundary lines of his Council district made during their term.

The Council shall elect from among its members a Chair and a Vice Chair. The Chair, or in their absence the Vice Chair, shall preside at all meetings. On all questions before the Council the Chair and Vice Chair shall have and may exercise the vote to which each is entitled as a Council member.

There shall be a Clerk of the Council who shall keep minutes of its meetings, maintain its Journal and perform such other duties as the Council may direct.

There shall be an Office of Audits and Investigations, under the supervision and direction of a County Auditor who shall be appointed by the Council. The County Auditor shall receive such compensation as the Council may determine. The County Auditor shall serve a term of five years commencing on January 1, 2019, and each fifth year thereafter. The County Auditor appointment may be renewed for additional five-year terms. The Auditor shall remain until a successor is appointed and qualifies. The County Auditor may be removed for cause. The Auditor shall prepare and submit to the Council and to the County Executive a complete financial audit for the preceding fiscal year of selected agencies that receive or disburse County funds. Upon recommendation by the Auditor that a State audit in a given year is adequate, the Council may, by resolution, exempt from County audit an agency whose entire records, accounts, and affairs are completely audited each year by or with the approval of the State of Maryland or an independent audit by a qualified independent certified public accountant. Any such resolution of exemption from audit shall be limited to a period of not more than one year. In addition to the annual audit, either the Council or the County Executive may at any time order a special audit of the accounts of any agency receiving or disbursing County funds, and upon the death, resignation, removal or expiration of the term of any County administrative officer, the Auditor shall cause a special audit to be made of the accounts maintained by the officer, and by their agency. If, as a result of any audit, an officer shall be found to be indebted to the County, the County Executive shall proceed forthwith to collect the indebtedness. In the event that the County Executive shall be found to be indebted to the County, the Council shall proceed forthwith to collect the indebtedness. The County Auditor is empowered to conduct investigations related to fraud, waste and abuse by the County Executive, Council Members or other County officials and employees. The Auditor is also empowered to conduct necessary audits of any agency which is the recipient of funds appropriated or approved by the Council whenever they deem it appropriate. No employee or official of the County shall interfere with, threaten with disciplinary action, or otherwise attempt to restrain an employee of the County from providing information to the County Auditor, nor shall any adverse action be taken against such employee. Any adverse action taken within twelve (12) months after the employee has provided information to the County Auditor shall be presumed to be retaliatory, which presumption may be rebutted only by clear and convincing evidence to the contrary. Any audit, including performance audits, special audits, and State audits which form the basis for an exemption by the Council from a County audit, shall be published in suitable form and made available to the public at reasonable hours at the Office of Audits and Investigations. All records and files pertaining to the receipt and expenditure of County funds by all officers, agents, and employees of the County and all agencies thereof, shall at all times be open to the inspection of the County Auditor. The Auditor shall promptly call to the attention of the Council and the County Executive any irregularity or improper procedure which they may discover. The County Auditor shall have the power to administer oaths, to compel the attendance of witnesses, and to require the production of records and other materials in connection with any audit, investigation, inquiry, or hearing authorized by law or by this Charter. The Council shall have the power to implement the provisions of this section and to assign additional functions, duties, and personnel to the County Auditor.

The Council may provide for the appointment of such other employees as it may deem desirable for the exercise of its powers, subject to the provisions of Article IX of this Charter.

The Council may, at its discretion, and subject to its regular or supplementary budget appropriation, employ such legal, financial, or other technical advisors as it may from time to time deem necessary for the performance of its functions.

The first and third Tuesdays of January, February, March, April, May, June, July, September, October and November, except November in a Council Election year, or the following Wednesday if a legal holiday, and such additional days as the Council shall determine, not to exceed an overall total of forty-five days or as otherwise limited by the State constitution, are designated as days for the enactment of legislation. For the purpose of performing such duties, other than enacting legislation, which are properly exercisable by the Council under the provisions of this Charter, the Council may sit in nonlegislative sessions at such other times as it may determine. A majority of the members of the full Council shall constitute a quorum. The Council shall provide for the keeping and annual publication of a journal which shall be open to public inspection at all reasonable times. All voting except procedural motions, shall be by roll call, and the ayes and nays shall be recorded in the journal. No business shall be transacted, or any appointments made, or nominations confirmed except in public session. The Council shall adopt and publish Rules of Procedures not inconsistent with the provisions of this Charter.

Every law of the County shall be styled: "Be it enacted by the County Council of Prince George's County, Maryland." The Council shall enact no law except by bill. The subject of every law shall be described in its title. Every law enacted by the Council, except the budget law and supplementary appropriation laws, shall embrace but one subject. No law or section of law shall be revived or amended by reference to its title only. A bill may be introduced by any member of the Council on any legislative session-day of the Council. On the introduction of any bill, a copy thereof and notice of the time and place of the public hearing on the bill shall be posted by the Clerk of the Council within ten days on an official bulletin board to be set up by the Council in a public place and by any other such methods as the Council shall dictate. Additional copies of the bill shall be made available to the public and to the press. Every copy of each bill shall bear the name of the member of the Council introducing it and the date it was introduced. Within ten days following the introduction of a bill the Clerk of the Council shall schedule and give public notice of a public hearing on the bill, which hearing shall not be less than fourteen days after its introduction. The Council may reject any bill on its introduction without a hearing by a majority vote of the members of the full Council. Such public notice shall be published in the County newspapers of record and in media for public notice as defined in Section 1008 of this Charter. The public hearing may, but need not be, held on a legislative session-day and may be adjourned from time to time. After the public hearing, a bill may be finally enacted on a legislative session-day with or without amendment, except, that if a bill is amended before enactment and the amendment constitutes a change of substance, the bill shall not be enacted until it is reprinted or reproduced as amended and a public hearing shall be set thereon and proceedings had, as in the case of a newly introduced bill. Any bill not enacted by the last day of November of each year shall be considered to have failed. To meet a public emergency affecting the public health, safety, or welfare, the County may enact emergency bills. Every emergency bill shall be plainly designated as such and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the claimed emergency in clear and specific terms. The term "emergency bill" shall not include any measure creating or abolishing any office; changing the compensation, term, or duty of any officer; granting any franchise or special privilege; or creating any vested right or interest. No bill shall be enacted except by the affirmative vote of a majority of the full Council. No emergency bill shall be enacted except by an affirmative vote of two-thirds of the members of the full Council. In the event of an emergency declared by the Governor pursuant to provisions of State law, which emergency affects any part or all of Prince George's County, the Council may provide, by law, for modification of voting, quorum, and publication requirements consistent with State law, for matters relating to and necessary to respond to the emergency.

Any law, except an emergency law, shall take effect forty-five calendar days after it becomes law, unless by a provision of the law it is to take effect at a later date, or unless it is petitioned to referendum as provided in Section 319 of this Charter.

Any law which becomes law pursuant to this Charter may be petitioned to referendum, except a law: (1) imposing a tax; (2) appropriating funds for current expenses of the County government; (3) establishing Council districts; (4) amending a zoning map; or (5) granting a special exception to zoning regulations. Upon the adoption of the Capital Budget any new project not previously contained in the Capital Budget and any additions constituting an enlargement of a project shall be subject to referendum. Once a project has been approved by referendum, that portion of a subsequent Bond Enabling Act or Bond Issue Authorization Ordinance relating to the project shall not be subject to referendum, and if a bond enabling bill including the project and identifying it is approved by referendum that portion of any subsequent bond issue authorization ordinance relating to the project shall not be subject to referendum. A law shall be submitted to a referendum of the voters upon petition of ten thousand (10,000) qualified voters of the County. Such petition shall be filed with the Board of Supervisors of Elections of Prince George's County within forty-five calendar days from the date the bill becomes law. If more than one-third but less than the full number of signatures required to complete any referendum petition against such law be filed within forty-five calendar days from the date the bill becomes law, the effective date of the law, and the time for filing the remainder of signatures to complete the petition shall be extended for an additional forty-five calendar days. If such a petition is filed, the law to be referred shall not take effect until thirty calendar days after its approval by a majority of the qualified voters of the County voting thereon at the next ensuing regular election held for members of the House of Representatives of the United States. An emergency law shall remain in force from the date it becomes law notwithstanding the filing of such petition, but shall stand repealed thirty calendar days after having been rejected by a majority of the qualified voters of the County voting thereon. A petition may consist of several papers, but each paper shall contain the text or a fair summary of the law being petitioned upon; and there shall be attached to each such paper an affidavit of the person procuring the signatures thereon that, to the said person's own personal knowledge, each signature thereon is genuine and bona fide, and that, to the best of their knowledge, information, and belief, the signers are qualified voters of Prince George's County, as set opposite their names. A minor variation in the signature of a petitioner between their signature on a petition and that on the voter registration records shall not invalidate the signature. The invalidation of one signature on a referendum petition shall not serve to invalidate any other signature on the petition. Each petitioner shall include their address and the date of their signature opposite their name. The Board of Supervisors of Elections shall verify the qualification of said petitioners.

The Council shall cause all laws and all amendments to this Charter to be published promptly following their enactment as provided by law. Such laws and Charter amendments shall also be made available to the public at reasonable prices to be fixed by the Council.

At intervals not greater than every four years, the Council shall compile and codify all laws of the County in effect at such times. Each such codification shall be submitted to the Council, and, if adopted by law, shall be known as the "Prince George's County Code." Such code shall be published with an index and such appropriate notes, citations, annotations, and appendices as the Council may determine. At least annually the Council shall prepare and publish a Supplement to the County Code of laws.

Administrative appointments by the County Executive to the position of Chief Administrative Officer, head of an agency in the executive branch of the County government, or member of a board or commission and any executive director thereof shall be subject to confirmation by the Council. The Council shall hold public hearings on all such appointments not less than thirty days after their submission to the Council by the County Executive. If the Council fails to act to confirm or reject such appointments within forty-five days of their submission to the Council by the County Executive, the appointment shall stand approved. In the case of appointments by the County Executive to the position of Chief Administrative Officer or head of an agency in the executive branch of the County government, a vote of two-thirds of the members of the full Council shall be required to reject such appointment. In the case of appointments by the County Executive to membership on a board or commission, or appointments of any executive director thereof, a vote of a majority of the full Council shall be required to reject such appointment.

The Council shall refer to a referendum of the voters of the County, at the ensuing regular congressional primary or general election, any act enabling the County to borrow money to finance capital projects, and any act or resolution pledging the full faith and credit of the County or any other guarantee by the County for any bonds to be issued by or for the benefit of any state or bicounty agency or district except for school construction bonds or obligations. Each such enabling act shall describe, sufficiently for purposes of identification, the specific capital project or projects to be financed by the borrowing authorized by said act, and shall authorize borrowing only for either a single capital project or for a number of capital projects of the same generic class. Unless the act or resolution so referred is approved by a majority of the voters at the referendum, the Council shall have no power to enact an authorizing ordinance pursuant to Section 823 of the Charter to carry into effect the terms of the act or resolution so referred and shall have no power to pledge the full faith and credit of the County or any other guarantee of the County for bonds to be issued by or for the benefit of any state or bicounty agency of district. Any ordinance authorizing the issuance of bonds pursuant to Section 823 of the Charter shall be referred to referendum of the voters as provided in this subsection and shall not be effective unless approved by a majority of the voters, if such authorization is for the purpose of providing for borrowing to finance a capital project authorized by any law enacted prior to the effective date of this amendment which law has not been approved at referendum.