Local Government (GLG) — Title 9. General and Administrative Provisions

means a legislative enactment of general application and continuing force for Baltimore City; and

does not include a public local law under § 9–102 of this subtitle.

A supplement published under subsection (b) of this section shall contain each ordinance that is in effect and has been enacted or amended since Baltimore City’s most recent code of ordinances was published.

A new code published under subsection (b) of this section shall contain each ordinance that is in effect at the time of publication.

Subject to paragraph (2) of this subsection, this section applies only to commission counties.

This section does not apply to Cecil County.

This section applies only to a section of this article that specifically references this section.

This section does not apply to a resolution expressing the opinion or an administrative act of the county commissioners of Frederick County, St. Mary’s County, or Somerset County.

The county commissioners may not adopt an act, an ordinance, or a resolution until 10 days after a public hearing has been held on the proposed act, ordinance, or resolution.

The county commissioners shall publish notice of the public hearing and a summary of the proposed act, ordinance, or resolution in at least one newspaper of general circulation in the county once each week for 2 successive weeks.

A copy of each act, ordinance, or resolution adopted by the county commissioners, certified by the presiding officer of the county commissioners and attested to by the clerk of the county commissioners, shall be filed with the clerk of the court of the county.

The clerk of the court shall record, date, and index the act, ordinance, or resolution without charge in a volume provided by the county commissioners.

a copy has been filed with the clerk of the court of the county; and

a fair summary of the act, ordinance, or resolution has been published in at least one newspaper of general circulation in the county.

Anne Arundel County;

Baltimore City;

Baltimore County;

Cecil County;

Howard County;

Prince George’s County;

Queen Anne’s County; and

Worcester County.

laws, ordinances, resolutions, or regulations adopted by the county; and

the annual statements of receipts and expenditures of the county.

appoint an auditor or accountant within 30 days after the close of the fiscal year to audit the books and accounts of all county officers collecting, holding, or disbursing county funds; and

publish or advertise the report of the auditor or accountant immediately after its completion to the extent that the governing body considers proper.

Except as provided in paragraph (2) of this subsection, the jurisdiction of a county bounded at any point by navigable waters extends from the shore to the inside of the channel, which is considered the center of the waters.

If the navigable waters join a neighboring state, the jurisdiction of the county continues to the ultimate limit of the state.

The center of waters in subsection (b) of this section shall be as represented on the county maps issued under the authority of Chapter 51, Acts of 1896 and Chapter 129, Acts of 1898.

A county map referred to in paragraph (1) of this subsection is admissible as evidence of the location of county boundaries.

Certified copies of county maps issued under subsection (c)(1) of this section shall be kept on file with:

Certified copies of county maps are official and authoritative.

The governing body of each county may erect two pillars 100 feet apart on the same meridian line in a public spot adjacent to the county courthouse of each county.

There shall be a distinctly visible needle point on the top of one of the pillars and a hair sight on top of the other pillar so that a straight line passing through its center and the center of the needle point would be on the true meridian line running north and south.

The needle point and hair sight required under this subsection shall be properly enclosed and protected.

The governing body of the county may:

The longitude shall be determined from the meridian of Washington, D.C.

The pillars and enclosures are under the custody of the county clerk.

The pillars and enclosures shall be made available to any surveyor or civil engineer residing or engaged in surveying in the county for the purpose of:

If a county has erected pillars under this section, a surveyor who surveys land in the county shall annually test the surveyor’s compass and note the variation of the compass from the meridian line identified under subsection (a) of this section.

A surveyor who violates this subsection is subject to a fine of $50 and court costs.

A fine imposed under this subsection may be used as directed by the governing body of the county.

The county clerk may charge a fee for:

The fee collected by the clerk shall be the same as fees allowed by law for similar services regarding matters of record in the clerk’s office.

The fee shall be paid by the party:

A person may not:

On conviction, a person who violates this subsection is subject to a fine of not less than $50 and not exceeding $500.

the mayor of Baltimore City; or

the County Executive of Montgomery County.

Except as provided in subsection (b) of this section, a county that offers a self–insured employee health benefit plan in the State shall provide to each firefighter employed by the county coverage for preventive cancer screenings in accordance with the latest screening guidelines issued by the International Association of Fire Fighters.

A county subject to paragraph (1) of this subsection may not impose a copayment, coinsurance, or deductible requirement on coverage of preventive cancer screenings for firefighters as required under paragraph (1) of this subsection.

providing a no–cost annual examination to firefighters employed by the county that includes preventive cancer screenings for firefighters in accordance with the latest screening guidelines issued by the International Association of Fire Fighters; or

applying for a grant under Title 13, Subtitle 40 of the Health – General Article to pay for innovative cancer screening technologies, including a multicancer early detection blood test.

In this section the following words have the meanings indicated.

“Retired volunteer firefighter” means an individual who is a retired firefighter who:

“Volunteer fire company” includes a volunteer fire department.

“Volunteer firefighter” means an individual who is a firefighter actively involved in fire suppression and volunteering with a volunteer fire company in a county.

Each county in which a volunteer fire company is located shall offer no–cost preventive cancer screenings in accordance with the latest screening guidelines issued by the International Association of Fire Fighters to each volunteer firefighter who volunteers and each retired volunteer firefighter who volunteered with the volunteer fire company.

Each volunteer fire company shall:

Each county in which a volunteer fire company is located shall maintain a list of all volunteer firefighters who volunteer and all retired volunteer firefighters who volunteered in the county as provided by each volunteer fire company located in the county under paragraph (2) of this subsection.

providing a no–cost annual examination to volunteer firefighters and retired volunteer firefighters that includes preventive cancer screenings for firefighters in accordance with the latest screening guidelines issued by the International Association of Fire Fighters; or

applying for a grant under Title 13, Subtitle 40 of the Health – General Article to pay for innovative cancer screening technologies, including a multicancer early detection blood test.

reside in specified districts in the charter county; but

be elected by the voters of the entire county.

The voters of a charter county may reserve in the charter the power of referendum by which they may submit a local law enacted by the county council, by petition, to the voters for approval or rejection.

The charter shall specify:

Subject to paragraph (2) of this subsection, in implementing procedures that relate to the power of referendum, the charter or the local laws shall provide adequate details as to time, notice, and form.

The initial notice of a referendum vote shall be given at least 30 days before the election.

At the end of each calendar or fiscal year, each charter county shall compile a complete set of all local laws enacted during that year under the Express Powers Act, Title 10 of this article.

The laws in the compilation shall be in numerical order, beginning with No. 1, and in a separate series for each year.

Subject to paragraph (3) of this subsection, copies of the compilation shall be:

Annually, each charter county shall provide each member of the General Assembly representing any part of the county with:

The charter county may make other copies of the compilation available at a reasonable cost to any person.

the results of any referendum on a proposed local law held during the year; and

any actual or potential pending referendum that had not been held by the end of the year.

At the end of each calendar year, the Department of Legislative Services shall ask each charter county whether the county has enacted any part of its local laws under the Express Powers Act, Title 10 of this article, during that calendar year or its latest fiscal year.

The charter county promptly shall:

The Department of Legislative Services promptly shall certify to the Comptroller if a charter county does not comply with subsection (a) of this section or § 9–206(c) or (d) of this subtitle.

If the Department of Legislative Services certifies noncompliance, the Comptroller may discontinue all funds, grants, or State aid that the charter county is entitled to under State law relating to:

arrange in a logical and convenient order the titles or the full text of the laws of each charter county that amends its county code; and

publish on the General Assembly website each title, identified as a title of the laws of a charter county that amends its county code, or the full text of the laws of each charter county that amends its county code.

There are four classes of code counties, based on the geographic region of the State where the county is located.

The geographic regions of the State are:

hold at least two public hearings in the county on the proposal; and

publish notice of the date, time, and place of each public hearing in at least one newspaper of general circulation in the county:

at the next regular congressional election; and

in accordance with the requirements of the Election Law Article as to time, notice, and form.

if a majority of those who voted on the question voted in favor of adoption of code home rule:

if less than a majority of those who voted on the question voted in favor of adoption of code home rule:

five copies to the Department of Legislative Services;

one copy to the Secretary of State;

one copy to the State Archives; and

one copy to the Maryland Thurgood Marshall State Law Library.

Legislative days:

If a legislative day is not specified or not determinable by public local law, the county commissioners shall publish notice of the legislative day in a newspaper of general circulation in the code county between 3 and 14 days before the legislative day.

The first legislative session of a code county shall:

The 15 days of the first legislative session do not count as part of the annual 45 legislative days.

The public hearing on a bill:

After the introduction of a bill, a copy of the bill and notice of the date, time, and place of the hearing shall be posted:

Additional copies of the bill and notice of the hearing shall be made available to the public.

the name of the county commissioner who introduced the bill; and

the date the bill was introduced.

An amendment proposed to a bill shall be in writing.

A copy of each amendment shall be made available for inspection by the public.

After a public hearing, a bill may be finally passed on a legislative day with or without amendment.

Except for an emergency bill, a bill may not be passed less than 7 days after its introduction.

Except as provided in paragraph (2) of this subsection, to become a public local law, a bill shall be passed by an affirmative vote of the majority of the total membership of the county commissioners.

An emergency bill shall be passed:

The county commissioners shall keep a journal that shall be open to public inspection at all reasonable times.

On final passage of a bill, the yea and nay votes shall be recorded in the journal.

in at least one newspaper of general circulation in the county;

at least three times;

at weekly intervals; and

within the 4–week period after passage of the bill.

45 days after it is enacted; or

at a later date specified in the public local law.

A public local law takes effect on the date of its passage if it is passed as an emergency bill.

An emergency bill may not:

The voters of a code county may submit to referendum, by petition, a public local law or a part of a public local law enacted under this subtitle.

The referendum shall be:

Subject to paragraph (2) of this subsection, a referendum petition shall:

If more than one–half but less than the full number of signatures required to complete a referendum petition against a public local law are filed within 40 days after the public local law is enacted, the time for the public local law to take effect and the time for filing the remainder of signatures to complete the referendum petition is extended for an additional 40 days.

Subject to paragraph (2) of this subsection, a referendum petition may consist of several papers.

Each paper shall:

Except as provided in paragraph (2) of this subsection, if a legally sufficient referendum petition on a public local law is filed with the county board of elections, the public local law does not take effect until 30 days after its approval by a majority of the voters voting on the question.

An emergency law petitioned to referendum:

Subject to paragraph (3) of this subsection, copies of the compilation shall be:

Annually, each code county shall provide each member of the General Assembly representing any part of the county with:

The code county may make other copies of the compilation available at a reasonable cost to any person.

the results of any referendum on a public local law held during the previous calendar or fiscal year; and

any actual or potential pending referendum that has not been held by the end of the year.

At the end of each calendar year, the Department of Legislative Services shall ask each code county whether the county has enacted any part of its public local laws during that calendar year or its latest fiscal year.

The code county promptly shall:

The Department of Legislative Services promptly shall certify to the Comptroller if a code county does not comply with subsection (a) of this section or § 9–314(c) or (d) of this subtitle.

If the Department of Legislative Services certifies noncompliance, the Comptroller may discontinue all funds, grants, or State aid that the code county is entitled to under State law relating to:

arrange in a logical and convenient order the titles or the full text of the laws of each code county that amends its code of public local laws; and

publish on the General Assembly website each title, identified as a title of the laws of a code county that amends its code of public local laws, or the full text of the laws of each code county that amends its code of public local laws.

Subject to paragraph (2) of this subsection, the county commissioners shall:

The County Commissioners of St. Mary’s County shall take office on the first Monday in December after their election.

The county commissioners shall meet at least once each quarter.

The County Commissioners of St. Mary’s County shall meet at least 48 times a year.

The County Commissioners of Washington County shall hold at least 10 of their general meetings each year in the evening.

commission counties; and

except as otherwise provided by local law, code counties.

Subject to subsection (c) of this section, if a vacancy occurs in an office of county commissioner, the Governor shall appoint an individual to fill the vacancy.

Except as provided in paragraph (4) of this subsection and subject to paragraph (5) of this subsection, the central committee of the political party that is affiliated with the vacating county commissioner shall submit in writing to the Governor the name of the individual that the political party nominates to fill the vacancy.

The individual nominated by the central committee shall be of the same political party as the vacating county commissioner.

The Governor shall nominate or appoint the individual whose name is submitted under paragraph (1) of this subsection within 15 days after the submission.

If there is no central committee in the county in which the vacancy occurs, the Governor shall appoint an individual to fill the vacancy who has all the qualifications required for the office of county commissioner in the particular county.

In Garrett County, the nominee or appointee shall be a resident of the same commissioner district in which the former county commissioner resided.

the claim is payable by the county; and

the claimant produces legal proof of the claim.

possess or acquire any share or interest in, or have or participate in, either directly or indirectly, any benefit, profit, or compensation of any agreement or contract entered into with any party by the county commissioners as county commissioners; or

accept, possess, or acquire any claim, or any share or interest in any claim, on or against the county of which the individual is a commissioner if the claim has been or will be passed on and approved by the county commissioners.

If a county commissioner violates the provisions of this section, the county commissioner is subject to prosecution.

A county commissioner who is convicted under this section shall forfeit:

the county official shall give a bond executed by a surety company that is authorized to do business in the State; and

the bond shall be approved by the county.

The county may pay the premium for a bond given under subsection (c) of this section, not to exceed 0.5% per year of the penalty of an executed and approved bond.

“Public agency” means:

“Public agency” includes a subcommittee or other subordinate unit of a governmental unit listed in paragraph (1) of this subsection.

“Public agency” does not include:

at the beginning of each calendar or fiscal year; or

at the time the public agency begins to function.

Except as provided in § 9–506 or § 9–507 of this subtitle, a public agency shall provide supplemental written public notice of any special or rescheduled public agency meeting at least 48 hours before the meeting.

The notice shall include the agenda, date, time, and place of the public agency meeting.

posting a copy of the notice prominently at the principal office of the public agency or at the building in which the public agency meeting is to be held; and

sending a copy of the notice to any person who requests to be notified of the public agency meetings.

a staff meeting; or

a working session if a final decision is not made.

to consider or discuss the assignment, promotion, resignation, salary, demotion, dismissal, reprimand, or appointment of a member of a public agency or employee, unless the individual, as a matter of public record, makes a written request for an open session;

to discuss strategy in collective bargaining or litigation;

to engage in collective bargaining;

to discuss the distribution of police forces to cope with public safety emergencies;

to discuss cost estimates for capital projects to be subsequently placed through the bidding process;

to hold preliminary discussions concerning the purchase or disposition of real property;

when State law or federal regulation prohibits a meeting open to the public;

to meet a condition for anonymity of a donor contained in a gift or bequest to the public agency;

when secrecy is necessary to prevent the premature disclosure of the format or content of examinations or the disclosure of results of examinations as related to individual students;

if the meeting is conducted by the County Board of Education or its staff to:

to consider the investment of public funds;

to consult with counsel to obtain legal advice; or

to discuss cybersecurity, if the public body determines that public discussion would constitute a risk to:

A closed session shall be announced in advance at a meeting that is open to the public.

An announcement of a closed session shall include the nature of the business of the closed session.

The closed session shall be limited to the matters described in subsection (a) of this section.

A person denied a right conferred by this subtitle may file a complaint for mandamus, injunction, or other appropriate remedy in circuit court.

A plaintiff need not allege or prove an irreparable injury or an injury different from the public at large.

The court shall issue an order that:

The court may void an action taken at a public agency meeting in violation of this subtitle.

A person who knowingly violates this subtitle more than twice is guilty of a misdemeanor.

A person who willfully violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.