Baltimore Sun : 2020-10-16

SPORTS : 18 : 6

SPORTS

6 SPORTS THE BALTIMORE SUN | | FRIDAY, OCTOBER 16, 2020 NOTICE The following resolution­s of the Mayor and City Council of Baltimore proposing an amendment to the Charter of Baltimore City (1996 Edition, as amended) will be submitted to the voters of Baltimore City for their approval or disapprova­l at the General Election to be held in the City of Baltimore on Tuesday the 3rd of November, 2020 (Underlinin­g indicates matter added by amendment. Strikeout indicates matter stricken by amendment). FOR CHARTER AMENDMENT AGAINST CHARTER AMENDMENT Baltimore City Charter Article V – Comptrolle­r BY ARTICLE IV - MAYOR SECTION( 5( BALTIMORE CITY CHARTER (1996 EDITION) PROPOSING TO AMEND QUESTION E S) B) § 8. Department of Audits – General powers and duties. Charter Amendment – Charter Revision Commission (a) In general. In accordance with generally accepted government auditing standards and State and federal law, the City Auditor: BY PROPOSING TO REPEAL FOR the purpose of requiring a Charter Review Commission be appointed at least once every 10 years to review the City Charter and make recommenda­tions for necessary deletions, additions, or revisions; providing for the term of the Commission; setting forth the manner of the Commission’s appointmen­t; providing for the Commission’s duties; requiring that the Commission be dissolved on the completion of its duties; and submitting this amendment to the qualified voters of the City for adoption or rejection. ARTICLE IV - MAYOR SECTION( 5( BALTIMORE CITY CHARTER (1996 EDITION) S) D) (1) shall at appropriat­e intervals conduct an audit of the financial transactio­ns of every municipal agency, except the Department of Audits; (2) shall conduct an annual audit of all accounts, revenues, and receipts of the City; SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, THAT CHARTER CITY THE (3) shall conduct biennial audits of principal agencies, as provided in § 11 of this article; IS PROPOSED TO BE AMENDED TO READ AS FOLLOWS: BY proposing to add Article XI - Charter Review Commission Section(s) 1 to 6 Baltimore City Charter (1996 Edition) (4) may audit the expenditur­e of City-granted funds by any public or private agency that receives such funds; Baltimore City Charter Article IV. Mayor (5) may audit City contracts, grants, subgrants and other agreements as required by the terms and conditions of these instrument­s and, when the contracts, grants, subgrants and other agreements require that audits be conducted by other auditors, review such audits; and § 5. Approval or veto of legislatio­n. (b) Veto; return to Council. SECTION 1. BE MAYOR CITY COUNCIL BALTIMORE, That the City Charter is proposed IT RESOLVED BY THE AND OF (1) If the Mayor does not approve of an ordinance or resolution passed by the City Council, the Mayor shall return it with written objections to the City Council within three actual regular meetings, not more than one of which shall occur in any one calendar week, of the City Council after the delivery of the ordinance or resolution to the Mayor. to be amended to read as follows: (6) shall make such other audits as the Comptrolle­r or the Board of Estimates may request, provided that those requested audits do not, in the judgment of the City Auditor, unduly hinder the performanc­e of regular audits. Baltimore City Charter Article XI. CHARTER REVIEW COMMISSION B) SUBPOENA. ( (2) [Upon] ON receipt, the Mayor’s objections shall be read forthwith to the Council and entered on its Journal. After five calendar days, and within twenty calendar days after the ordinance or resolution [shall have been] WAS returned by the Mayor and received by the Council, the Council shall proceed to reconsider and vote upon it. § 1. COMMISSION ESTABLISHE­D. (1) TO PERFORM THE DUTIES OF HIS OR HER OFFICE, THE OFFICER, MUNICIPAL EMPLOYEE, OR ANY OTHER PERSON RECEIVING FUNDS TO REQUIRE THE PRODUCTION OF ANY INFORMATIO­N, DOCUMENT, REPORT, RECORD, ACCOUNT, OR OTHER MATERIAL. CITY AUDITOR CITY MAY ISSUE A SUBPOENA TO ANY MUNICIPAL A CHARTER REVIEW COMMISSION 10 SHALL BE ESTABLISHE­D IN ACCORDANCE WITH THIS ARTICLE AT LEAST EVERY FOLLOWING THE ADOPTION OF THIS ARTICLE. YEARS (3) If the ordinance or resolution, after reconsider­ation, [shall be] IS again passed by the City Council by a vote of [three-fourths] TWO-THIRDS of its members, it [shall become] BECOMES an ordinance or resolution of the City. In [such] THESE cases, after the reconsider­ation, the votes on the question of the passage of the ordinance or resolution over the veto of the Mayor shall be determined by yeas and nays, and the names of the persons voting for and against passage of the ordinance or resolution over the veto of the Mayor shall be entered on the Journal of the City Council. ( A) IN GENERAL. (2) THE CITY AUDITOR MAY ENFORCE ANY SUBPOENA ISSUED PURSUANT TO THIS SUBSECTION IN ANY COURT OF COMPETENT JURISDICTI­ON. A CHARTER REVIEW COMMISSION SHALL BE ESTABLISHE­D DECENNIALL­Y IN ACCORDANCE WITH THIS ARTICLE BY RESOLUTION MAYOR CITY COUNCIL MAY 1 IN THE FIRST ODD-NUMBERED YEAR OF EACH DECADE. ( C) [(b)] Reports. OF THE AND NO LATER THAN ( B) INTERIM COMMISSION­S. The City Auditor shall make reports of all such audits to the Comptrolle­r and, at the same time, to each of the other members of the Board of Estimates. NOTWITHSTA­NDING A) OF THIS SECTION, A ACCORDANCE WITH THIS ARTICLE BY RESOLUTION OF THE ( CHARTER REVIEW COMMISSION MAYOR CITY COUNCIL SUBSECTION MAY BE ESTABLISHE­D IN MAY 1 § 11. Department of Audits – Biennial audits of principal agencies. AND NO LATER THAN IN ANY YEAR THAT PRECEDES A CONGRESSIO­NAL ELECTION. [(d) Items of appropriat­ion.] (e) Publicatio­n of reports. ( C) INITIAL COMMISSION. [If an ordinance or resolution duly passed by the City Council shall embrace different items of appropriat­ion, the Mayor may approve the provisions thereof relating to one or more items of appropriat­ion and disapprove the others, and in such case those the Mayor shall approve shall become effective and those which the Mayor shall not approve shall be reconsider­ed by the City Council, and shall become effective if again passed over the veto of the Mayor by the vote as above prescribed for the passage over the veto of the Mayor of entire ordinances or resolution­s. The procedures governing the Mayor’s veto of an item of appropriat­ion and the Council’s reconsider­ation of that item shall be the same as those in this section that govern the passage, veto, reconsider­ation and override of ordinances and resolution­s.] Reports of all audits conducted under this section shall be: THE COMMISSION MAY 1, 2021.”. FIRST UNDER THIS ARTICLE SHALL BE ESTABLISHE­D NO LATER THAN (1) posted on a public website maintained by the City Comptrolle­r; § 2. TERM COMMISSION. OF (2) filed with the Department of Legislativ­e Reference; [and] A CHARTER REVIEW COMMISSION MAY 1 MAY 31 SHALL BE APPOINTED NO LATER THAN IN A YEAR PRECEDING A CONGRESSIO­NAL IN THE YEAR FOLLOWING ITS APPOINTMEN­T. SUBMITTED TO THE PRINCIPAL AGENCY AUDITED; AND (3) ELECTION AND COMPLETE ITS DUTIES AND BE DISSOLVED NO LATER THAN (4) [(3)] submitted to each member of: ( A) IN GENERAL. (i) the Board of Estimates; A CHARTER REVIEW COMMISSION MAYOR ESTABLISHE­D IN ACCORDANCE WITH THIS ARTICLE SHALL COMPLETE ITS DUTIES CITY COUNCIL MAY 31 AND SUBMIT ITS WORK TO THE AND NO LATER THAN IN THE YEAR FOLLOWING ITS (ii) the City Council; SECTION 2. AND BE IT FURTHER RESOLVED, THAT BALTIMORE CITY, CITY CHARTER ARTICLE THIS PROPOSED AMENDMENT TO THE FOR ADOPTION OR REJECTION, IN ACCORDANCE WITH IN THE FORM SPECIFIED BY THE BE ESTABLISHM­ENT. SUBMITTED TO THE LEGAL AND QUALIFIED VOTERS OF (iii) the Biennial Audits Oversight Commission. ( B) DISSOLUTIO­N. XI-A, § 5 MARYLAND CONSTITUTI­ON, CITY SOLICITOR. OF THE SECTION 2. AND BE IT FURTHER RESOLVED, That this proposed amendment to the City ON MAYOR CITY COUNCIL, COMMISSION FOR CHARTER AMENDMENT AGAINST CHARTER AMENDMENT COMPLETION AND SUBMISSION OF ITS WORK TO THE AND THE SHALL BE Charter be submitted to the legal and qualified voters of Baltimore City, for adoption or rejection, in accordance with Article XI-A, § 5 of the Maryland Constituti­on, in the form specified by the City Solicitor. DEEMED DISSOLVED. QUESTION H § 3. COMPOSITIO­N. FOR CHARTER AMENDMENT AGAINST CHARTER AMENDMENT ( A) IN GENERAL. Charter Amendment – Veto Timing THE COMMISSION 9 CITY QUESTION K SHALL BE COMPOSED OF AS SPECIFIED IN THIS SECTION OF REGISTERED VOTERS OF THE APPOINTED WITHOUT REGARD TO POLITICAL AFFILIATIO­N. FOR the purpose of modifying and clarifying the time within which the Council may consider to override a mayoral veto; and submitting this amendment to the qualified voters of the City for adoption or rejection. Charter Amendment – City Administra­tor ( B) MANNER OF APPOINTMEN­T. THE MAYOR, PRESIDENT COMMISSION. EACH CITY COUNCIL, CITY COUNCIL COMPTROLLE­R 1 3 COMMISSION. FOR the purpose of establishi­ng the position of City Administra­tor as the Chief Administra­tive Officer of Baltimore City; establishi­ng how the City Administra­tor is appointed and removed; establishi­ng the powers and duties of the City Administra­tor; establishi­ng that the City Administra­tor shall appoint a Deputy City Administra­tor and certain other staff; providing that the City Administra­tor may appoint and remove certain municipal officials; clarifying and conforming related provisions; generally relating to the position of the City Administra­tor; providing for a special effective date; and submitting this amendment to the qualified voters of the City for adoption or rejection. BY proposing to amend Article I - General Provisions Sections 2(f) and 7(c) Baltimore City Charter (1996 Edition) THE OF THE AND THE SHALL EACH APPOINT MEMBERS TO THE BY proposing to amend Article IV - Mayor Section(s) 5(b) Baltimore City Charter (1996 Edition) MEMBER OF THE SHALL APPOINT MEMBER TO THE ( C) INELIGIBIL­ITY OF ELECTED OFFICIALS. EXCEPT COMMISSION. JUDICIARY, NO FOR A MEMBER OF THE NO PERSON HOLDING ELECTING ELECTIVE OFFICE MAY BE APPOINTED TO THE SECTION 1. BE MAYOR CITY COUNCIL BALTIMORE, That the City Charter is proposed IT RESOLVED BY THE AND OF ( D) CHAIR AND VICE CHAIR. to be amended to read as follows: THE COMMISSION SHALL ELECT A CHAIR AND A VICE CHAIR FROM AMONG ITS MEMBERS. Baltimore City Charter Article IV. Mayor ( E) ADVISORY COMMITTEES; STAFF. (1) ADVICE COMMISSION BY: AND TECHNICAL ASSISTANCE SHALL BE PROVIDED TO THE § 5. Approval or veto of legislatio­n. ( I) THE CITY SOLICITOR SOLICITOR’S DESIGNEE; OR THE (b) Veto; return to Council. BY proposing to amend Article IV - Mayor Sections 3, 4, and 6(b), (c), and (l) Baltimore City Charter (1996 Edition) ( II) THE DIRECTOR LEGISLATIV­E REFERENCE DIRECTOR’S DESIGNEE; OF OR THE (1) If the Mayor does not approve of an ordinance or resolution passed by the City Council, the Mayor shall return it with written objections to the City Council within three actual regular meetings, not more than one of which shall occur in any one calendar week, of the City Council after the delivery of the ordinance or resolution to the Mayor. ( III) THE GENERAL COUNSEL CITY COUNCIL; TO THE ( IV) THE DIRECTOR OFFICE COUNCIL SERVICES DIRECTOR’S DESIGNEE; AND OF THE OF OR THE ( V) THE DEPUTY COMPTROLLE­R DEPUTY COMPTROLLE­R’S DESIGNEE. BY proposing to amend Article VII - Executive Department­s Sections 1, 2(b), 3, 98(b), and 131(b) and 3 Baltimore City Charter (1996 Edition) OR THE (2)[Upon] receipt, the Mayor’s objections shall be read [forthwith] to the Council and entered on its Journal. [After five calendar days, and within twenty calendar days after the ordinance or resolution shall have been was returned by the Mayor and received by the Council, the Council shall proceed to reconsider and vote upon it.] ON PROMPTLY (2) AT COMMISSION, COMMISSION THE DISCRETION OF THE IN ITS DUTIES. ADVISORY COMMITTEES MAY BE APPOINTED TO ASSIST THE THE COUNCIL MAY PROCEED TO § 4. DUTIES. RECONSIDER AND VOTE ON THE ORDINANCE OR RESOLUTION: ( A) IN GENERAL. BY proposing to add Article VII - Executive Department­s Sections 135 to 140 Baltimore City Charter (1996 Edition) ( I) AFTER 5 MAYOR’S COUNCIL; CALENDAR DAYS FROM WHEN THE OBJECTIONS HAVE BEEN READ TO THE AND THE COMMISSION SHALL REVIEW THE UNDERTAKE A COMPREHENS­IVE STUDY OF ITS CONTENTS, AND MAKE FINDINGS AND RECOMMENDA­TIONS AS TO THE NECESSITY FOR DELETING, ADDING, OR AMENDING ITS PROVISIONS IN ORDER TO IMPROVE THE EFFICIENCY AND OPERATIONS OF GOVERNMENT. CHARTER, ( II) EITHER: CITY (A) 20 MAYOR’S COUNCIL; WITHIN CALENDAR DAYS FROM WHEN THE OBJECTIONS HAVE BEEN READ TO THE OR ( B) PUBLIC HEARING AND TESTIMONY. (B) 20- DAY PERIOD, AT THE FIRST REGULAR MEETING THAT IS IF NO REGULAR MEETING IS HELD DURING THAT DAY PERIOD. SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the City 20- PRIOR MAYOR CITY COUNCIL, COMMISSION COMMISSION. 1 SCHEDULED AFTER THAT TO DELIVERING ITS REPORT TO THE AND THE THE SHALL HOLD AT LEAST Charter is proposed to be amended to read as follows: PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ABOUT THE WORK OF THE (3) NOTWITHSTA­NDING CITY COUNCIL (2) OF THIS SUBSECTION, NO VETOED ORDINANCE OR RESOLUTION MAY BE RECONSIDER­ED PARAGRAPH Baltimore City Charter Article I. General Provisions THAT HAS BEEN NEWLY-ELECTED AND SWORN SINCE THE PASSAGE OF THE VETOED ORDINANCE OR § 5. REPORT MAYOR CITY COUNCIL. BY A TO THE AND RESOLUTION. ( A) IN GENERAL. § 2. Definition­s. (4) (3) If the ordinance or resolution, after reconsider­ation, [shall be] again passed by the City Council by a vote of three-fourths of its members, it [shall become] an ordinance or resolution of the City. In [such] cases, after the reconsider­ation, the votes on the question of the passage of the ordinance or resolution over the veto of the Mayor shall be determined by yeas and nays, and the names of the persons voting for and against passage of the ordinance or resolution over the veto of the Mayor shall be entered on the Journal of the City Council. IS THE COMMISSION CITY COUNCIL. MAYOR SHALL DELIVER A WRITTEN REPORT OF ITS FINDINGS AND RECOMMENDA­TIONS TO THE AND (f) Officer; Municipal officer. BECOMES THE THESE “Officer” and “municipal officer” shall include, but shall not be limited to, THE CITY ADMINISTRA­TOR, the heads of all department­s and bureaus, the members of all commission­s and boards, and persons who exercise authority comparable to that of heads of department­s or bureaus. ( B) PUBLIC HEARING. THE CITY COUNCIL COMMISSION SHALL HOLD A PUBLIC HEARING AT WHICH THE SHALL PRESENT ITS REPORT AND RECOMMENDA­TIONS. § 6. DISSOLUTIO­N. § 7. Records; Reports SECTION 2. AND That this proposed amendment to the City Charter be submitted to the legal and qualified voters of Baltimore City, for adoption or rejection, in accordance with Article XI-A, § 5 of the Maryland Constituti­on, in the form specified by the City Solicitor. BE IT FURTHER RESOLVED, ON §5 OF THIS ARTICLE, THE COMMISSION COMPLETING THE ACTIVITIES REQUIRED IN WORK COMPLETED. SHALL BE DEEMED DISSOLVED AND ITS (c) Annual report; Other informatio­n. (1) Unless otherwise directed by the Board of Estimates, every municipal agency of the City shall prepare annually a written report of its work and proceeding­s. A copy of each report shall be filed with the Mayor AND THE CITY ADMINISTRA­TOR, and a copy shall also be filed with the Department of Legislativ­e Reference; additional copies of each report, or parts thereof, shall be prepared and made available as from time to time may be directed by the Board of Estimates. SECTION 2. AND That this proposed amendment to the City Charter be submitted to the legal and qualified voters of Baltimore City, for adoption or rejection, in accordance with Article XI-A, § 5 of the Maryland Constituti­on, in the form specified by the City Solicitor. BE IT FURTHER RESOLVED, FOR CHARTER AMENDMENT AGAINST CHARTER AMENDMENT QUESTION I FOR CHARTER AMENDMENT AGAINST CHARTER AMENDMENT Charter Amendment – Removal of Elected Official QUESTION F (2) Upon request of the Mayor, THE CITY ADMINISTRA­TOR, THE CITY COUNCIL, or Board of Estimates, every municipal agency shall promptly supply the Mayor, THE CITY DMINISTRAT­OR, THE CITY COUNCIL, or the Board with all requested informatio­n with respect to the practice and proceeding­s of the agency; provided, however, that this informatio­n need not be given with respect to any undetermin­ed policy or opinion, nor shall the Board of Municipal and Zoning Appeals make any disclosure as to any pending appeal other than to furnish a copy of the testimony and papers filed with it pertaining to that appeal. FOR the purpose of providing for the removal from office by the City Council of certain City elected officials under certain circumstan­ces; expanding the potential individual­s or entities entitled to prefer charges for considerat­ion of removal from office; conforming and clarifying related provisions; and submitting this amendment to the qualified voters of the City for adoption or rejection. Charter Amendment – Ordinance of Estimates FOR the purpose of authorizin­g the City Council to amend the Ordinance of Estimates to increase items of appropriat­ion or add items for new purposes, subject to certain limitation­s; deleting the requiremen­t that supplement­ary appropriat­ions be recommende­d by the Board of Estimates; correcting, clarifying, and conforming related provisions; and submitting this amendment to the qualified voters of the City for adoption or rejection. BY proposing to add Article III - City Council Section 2(d) Baltimore City Charter (1996 Edition) Article IV. Mayor BY proposing to amend Article VI - Board of Estimates Section(s) 7(a), 7(b), and 8(b) Baltimore City Charter (1996 Edition) § 3. Staff. (A) IN GENERAL. BY proposing to amend Article III - City Council Sections 3(b) and 10(d) Baltimore City Charter (1996 Edition) The Mayor may appoint such persons to aid in the discharge of the Mayor’s duties as provided In the Ordinance of Estimates. SECTION 1. BE MAYOR CITY COUNCIL BALTIMORE, That the City Charter is proposed (B) CITY ADMINISTRA­TOR. IT RESOLVED BY THE AND OF to be amended to read as follows: THE MAYOR SHALL APPOINT AND DIRECTLY SUPERVISE A CITY ADMINISTRA­TOR WHO SHALL BE THE CHIEF ADMINISTRA­TIVE OFFICER OF THE CITY. Baltimore City Charter Article VI. Board of Estimates BY proposing to amend Article IV - Mayor Section 2 Baltimore City Charter (1996 Edition) § 4. General powers. § 7. Enactment of Ordinance of Estimates. (b) Chief executive officer. (a) Introducti­on; authorized cuts. The Mayor [shall be] IS the chief executive officer of the City[,] AND shall see that ordinances and resolution­s are duly and faithfully executed[, and shall have general supervisio­n over all municipal officers and agencies]. (1) [Upon] receipt of the proposed Ordinance of Estimates and the accompanyi­ng materials, the President of the City Council shall promptly cause it to be introduced in the City Council, and the Council shall [thereafter] hold public hearings on the proposed Ordinance of Estimates. ON BY proposing to amend Article V - Comptrolle­r Section 2 Baltimore City Charter (1996 Edition) § 6. Appointmen­ts of municipal officers. (2) By a majority vote of its members, the City Council may reduce or eliminate any of the amounts in the proposed Ordinance of Estimates, except: (b) Terms of officers. The terms of all municipal officers appointed by the Mayor shall expire at the end of four years or at the end of the Mayor’s term of office, whichever first occurs, with the exception of the terms of THE CITY ADMINISTRA­TOR, ANY OFFICER APPOINTED BY THE CITY ADMINISTRA­TOR UNDER THE CHARTER, AND some of the members of the Board of School Commission­ers, the Civil Service Commission, the Planning Commission, the Board of Municipal and Zoning Appeals, and those boards and commission­s governed by State or federal law. The terms of THE CITY ADMINISTRA­TOR AND the members of these boards and commission­s are prescribed elsewhere in the Charter or by other law. ( I) [( 1)] amounts fixed by law; STATE OR FEDERAL SECTION 1. BE MAYOR CITY COUNCIL BALTIMORE, That the City Charter is proposed IT RESOLVED BY THE AND OF to be amended to read as follows: ( II) 2)] amounts for the Fire Department establishe­d by a board of arbitratio­n and included in the proposed Ordinance of Estimates; and [( Baltimore City Charter Article III. City Council ( III) [( 3)] amounts for the payment of the interest and principal of the municipal debt. (b) Increases and additions precluded]. [ § 2. Members. (1) [The] EXCEPT City Council [shall] not have the power to increase the amounts fixed by the Board or to [insert] any amount for any new purpose in the proposed Ordinance of Estimates. AS PROVIDED IN THIS SUBSECTION, THE ( D) REMOVAL. DOES ADD (c) Removal – In general. THE CITY COUNCIL BY A THREE-FOURTHS VOTE OF ITS MEMBERS MAY REMOVE AN INDIVIDUAL MEMBER FROM OFFICE FOR INCOMPETEN­CY, MISCONDUCT IN OFFICE, WILFUL NEGLECT OF DUTY, OR FELONY OR MISDEMEANO­R IN OFFICE, ON CHARGES PREFERRED BY THE THE ON OR BY THE EXCEPT AS OTHERWISE PROVIDED IN THE CHARTER, THE [The] Mayor shall have the power to remove at pleasure all municipal officers, except ANY OFFICER APPOINTED BY THE CITY ADMINISTRA­TOR UNDER THE CHARTER and members of boards and commission­s establishe­d by Charter or other law, appointed by the Mayor in the manner prescribed in this section and confirmed by the City Council; provided, however, that appointees holding office pursuant to the provisions of the Charter relating to the Civil Service may be removed from office only in accordance with such provisions. (2) BY A MAJORITY VOTE OF ITS MEMBERS, THE FOR NEW PURPOSES IN AN AGGREGATE AMOUNT THAT DOES NOT EXCEED THE AGGREGATE AMOUNT BY WHICH THE UNDER SUBSECTION A) OF THIS OR THE AS AMENDED RESPECTIVE­LY, CITY COUNCIL MAYOR, CITY COUNCIL’S COMMITTEE LEGISLATIV­E INVESTIGAT­IONS, INSPECTOR CITY COUNCIL MAY INCREASE ITEMS OF APPROPRIAT­ION OR ADD ITEMS GENERAL, AND AFTER NOTICE OF THOSE CHARGES AND AN OPPORTUNIT­Y TO BE HEARD BY THE TO THE INDIVIDUAL MEMBER. ARE GIVEN CITY COUNCIL IN CITY COUNCIL, BOARD ORDINANCE ESTIMATES OPERATING BUDGET ( HAS REDUCED OR ELIMINATED FROM THE OF SECTION. BY THE CAPITAL BUDGET, NO EVENT MAY THE TOTAL AMOUNT OF THE § 3. President. OPERATING BUDGET CAPITAL BUDGET, EXCEED THE TOTAL AMOUNT OF THE OR ESTIMATES. (b) Removal. AS PROPOSED BY THE OF (2) ( BY I) A MAJORITY VOTE OF ITS MEMBERS, THE MAY INCREASE ITEMS OF APPROPRIAT­ION WITHIN THE GENERAL FUND OR ADD ITEMS WITHIN THE GENERAL FUND FOR NEW PURPOSES PROVIDED THAT: CITY COUNCIL The City Council, by a [two-thirds] vote of its members, may remove the President of the City Council from office for incompeten­cy, wilful neglect of duty, or misdemeano­r in office, [upon] charges preferred by the Mayor, THREE-FOURTHS (l) Residency requiremen­t. MISCONDUCT IN OFFICE, (1) THE CITY ADMINISTRA­TOR AND ALL [All] heads of department­s and bureaus, including presidents of boards and commission­s, provided for by this Charter or any other law, and appointed by the Mayor or by the governing board of the department, shall be residents and registered voters of Baltimore City at the time of their appointmen­t and shall remain residents and registered voters during their entire term of office. (A) COUNCIL CITY FELONY OR ON BY THE THE AGGREGATE AMOUNT OF THE INCREASE DOES NOT EXCEED THE AGGREGATE AMOUNT BY WHICH THE CITY COUNCIL’S COMMITTEE LEGISLATIV­E INVESTIGAT­IONS, BALTIMORE CITY, INSPECTOR GENERAL, 20% ORDINANCE ESTIMATES UNDER SUBSECTION A) OF THIS ( ON A VERIFIED PETITION SIGNED BY AT LEAST OF THE HAS REDUCED OR ELIMINATED FROM THE SECTION; OF after notice of [such] and an opportunit­y to be heard by the City Council are given to the President. charges QUALIFIED VOTERS IN OR BY THE THOSE (B) THE INCREASES AUTHORIZED BY THIS SUBSECTION DO NOT DERIVE FROM THE REDUCTION OR ELIMINATIO­N OF § 10. Procedures; Council officers. REVENUE, WHICH BY LAW, CONTRACT, OR REGULATION MUST BE USED TO SUPPORT APPROPRIAT­IONS FOR SPECIFIC (2) The provisions of this subsection shall not apply to those holding office prior to January 1, 1975, as long as they shall retain that office, and further, shall not apply to A CITY ADMINISTRA­TOR, a department head, or bureau head appointed after January 1, 1975 who signs a declaratio­n of intent to become a City resident and registered voter within six months of the date of appointmen­t. If that department or bureau head fails to abide by this declaratio­n of intent, then the appointmen­t shall be terminated. PURPOSES; AND (d) Judge of member qualificat­ions[; Discipline]. (C) AN ITEM ADDED FOR A NEW PURPOSE IS OR WILL BE AUTHORIZED BY LEGISLATIO­N SEPARATE AND APART FROM The City Council shall be judge of the election and qualificat­ions of its members, subject to appeal by petition of the party aggrieved as provided by law. [With the concurrenc­e of threefourt­hs of its members, the City Council may expel any member for disorderly behavior or misconduct in office, but not a second time for the same offense.] ORDINANCE ESTIMATES. THE OF ( II) IN NO EVENT, HOWEVER, MAY: (A) OPERATING BUDGET CAPITAL BUDGET, OPERATING BUDGET CAPITAL BUDGET, CITY COUNCIL, THE TOTAL AMOUNT OF THE OR THE AS AMENDED BY THE Article VII. Executive Department­s GENERAL PROVISIONS RESPECTIVE­LY, AS PROPOSED BY Article IV. Mayor EXCEED THE TOTAL AMOUNT OF THE OR BOARD ESTIMATES; THE OF OR § 2. REMOVAL, Vacancy, or Absence. § 1. General provisions: Executive power; Rules and regulation­s. (B) ANY INCREASE OR ADDITION BE MADE TO OR FOR ANY ITEM DESCRIBED IN SUBSECTION A)( OF THIS SECTION. ( 2)( I), ( II), OR ( III) ( A) REMOVAL. (a) Executive power of City. BY A THREE-FOURTHS VOTE OF ITS MEMBERS MAY REMOVE THE FROM OFFICE FOR INCOMPETEN­CY, MISCONDUCT IN OFFICE, WILFUL NEGLECT OF DUTY, OR FELONY OR MISDEMEANO­R IN OFFICE, ON CHARGES PREFERRED BY THE ON A VERIFIED PETITION SIGNED BY AT LEAST THE CITY COUNCIL MAYOR (3) If the carrying out of a particular program, purpose, activity, or project depends [upon] action by a body other than the City, the City Council may insert a specific provision in the proposed Ordinance of Estimates making the appropriat­ion for the particular program, purpose, activity, or project contingent [upon such] action. Except as committed to the Board of Estimates, the executive power of the City is vested in the Mayor, THE CITY ADMINISTRA­TOR, the department­s, commission­s and boards provided for in this article and the special officers, department­s, commission­s and boards that may be created by law. ON CITY COUNCIL’S COMMITTEE LEGISLATIV­E INVESTIGAT­IONS, BALTIMORE CITY, INSPECTOR GENERAL, CITY COUNCIL MAYOR. 20% OF THE QUALIFIED VOTERS IN OR BY THE AND AFTER NOTICE OF THOSE ON THAT CHARGES AND AN OPPORTUNIT­Y TO BE HEARD BY THE ARE GIVEN TO THE § 8. Deficienci­es; supplement­ary appropriat­ions. (b) Rulemaking authority. ( B) [(a)] Vacancy. (b) Supplement­ary appropriat­ions — when authorized. SUBJECT TO THE APPROVAL OF THE CITY ADMINISTRA­TOR, DEPARTMENT­S [Department­s], acting through their directors, and commission­s and boards, may adopt rules and regulation­s, not inconsiste­nt with laws or ordinances, for the operation of their respective department­s, commission­s and boards as they may deem appropriat­e. In case of vacancy in the office of the Mayor by death, resignatio­n, or permanent disqualifi­cation, the President of the City Council shall be Mayor for the remainder of the term for which the Mayor was elected. REMOVAL, (1) Except as provided herein, the Ordinance of Estimates shall include all the moneys to be appropriat­ed by the City for all purposes for the fiscal year for which the ordinance is applicable. ( C) [(b)] Absence. (2)Additional appropriat­ions [shall be] permitted during the fiscal year only in the following circumstan­ces and under the following conditions: § 2. General provisions: Powers and duties; Contracts. ARE In case of, and during, sickness, temporary disqualifi­cation or necessary absence of the Mayor, the President of the City Council shall be ex officio Mayor of the City. (b) Execution of contracts. ( I) [(1)] Excess revenues. All contracts on behalf of a municipal agency shall be executed on behalf of the City either by the Mayor, [or the Mayor’s designee] THE CITY ADMINISTRA­TOR, or the head of the agency. Article V. Comptrolle­r Revenues from any source other than the full rate property tax and other taxes imposed under the authority of Article II, in excess of or in addition to those relied [upon] by the Board of Estimates in determinin­g the tax levy required to balance the budget, may be made available for expenditur­e by the municipal agency responsibl­e for the production of [such] revenues by a supplement­ary appropriat­ion ordinance [recommende­d to the City Council by the Board of Estimates,] duly passed by the City Council by a majority vote of its members and approved by the Mayor. § 2. Removal; Vacancy. ON § 3. General provisions: Bureaus and divisions. ( A) REMOVAL. (a) Establishm­ent or abolishmen­t. The City Council by a [majority] vote of its members may remove the Comptrolle­r from office for incompeten­cy, wilful neglect of duty, or misdemeano­r in office, [upon] charges preferred by the Mayor, THREE-FOURTHS MISCONDUCT IN OFFICE, THOSE (1) With the approval of the Board of Estimates, THE CITY ADMINISTRA­TOR OR [the head of a municipal department (except as otherwise provided for the Department of Public Works), commission, or board provided for by the Charter] may establish and abolish bureaus and divisions within that department, commission or board. FELONY OR CITY COUNCIL’S COMMITTEE BALTIMORE ON BY THE LEGISLATIV­E INVESTIGAT­IONS, CITY, INSPECTOR GENERAL, 20% ON A VERIFIED PETITION SIGNED BY AT LEAST OF THE QUALIFIED VOTERS IN ( II) [(2)] Unanticipa­ted grants. and after notice of [such] be heard by the City Council are given to the Comptrolle­r. charges and an opportunit­y to OR BY THE THOSE Grants from private or government­al sources [which] could not be expected with reasonable certainty at the time of the formulatio­n of the proposed Ordinance of Estimates may be made available to the appropriat­e municipal agency for expenditur­e by a supplement­ary appropriat­ion ordinance [recommende­d to the City Council by the Board of Estimates,] duly passed by the City Council by a majority vote of its members and approved by the Mayor. THAT (2) Bureaus in the Department of Public Works shall be establishe­d or abolished from time to time by an ordinance which shall have been recommende­d to the City Council by the Board of Estimates and shall have been duly passed by the City Council by a majority vote of its members and shall have been approved by the Mayor. ( B) VACANCY. In the event of the death, resignatio­n, or removal from office of the Comptrolle­r, a successor, to fill out the unexpired term, shall be elected by the City Council by a majority vote of its members. (b) Allocation of powers and duties. Subject to the authority of the Board of Estimates, THE CITY ADMINISTRA­TOR, OR the head of any department, commission, or board may assign among the bureaus or divisions in that department, commission, or board, duties and powers of that department, commission, or board. A board or commission may act under this subsection only by the majority vote of its membership. ( III) [(3)] Material changes; new programs. SECTION 2. AND That the City Council shall amend the Rules of the City Council of Baltimore to provide for the conduct and procedures of the notice and hearings required for removal of an elected official under this proposed amendment. BE IT FURTHER RESOLVED, Further appropriat­ions for programs included in the proposed Ordinance of Estimates made necessary by a material change in circumstan­ces, or additional appropriat­ions for new programs [which] could not reasonably be anticipate­d at the time of the formulatio­n of the proposed Ordinance of Estimates may be made available to the appropriat­e municipal agency for expenditur­e by a supplement­ary appropriat­ion ordinance [recommende­d to the City Council by the Board of Estimates,] duly passed by the City Council by a vote of three-fourths of its members and approved by the Mayor. THAT SECTION 3. AND That this proposed amendment to the City Charter be submitted to the legal and qualified voters of Baltimore City, for adoption or rejection, in accordance with Article XI-A, § 5 of the Maryland Constituti­on, in the form specified by the City Solicitor. BE IT FURTHER RESOLVED, CIVIL SERVICE COMMISSION § 98. Civil Service Commission: Department of Human Resources – Director. (b) Appointmen­t; Term. FOR CHARTER AMENDMENT AGAINST CHARTER AMENDMENT (1) The Director shall be appointed BY THE CITY ADMINISTRA­TOR AND must be confirmed BY THE CITY COUNCIL[, and shall serve,] pursuant to THE PROCESS SET FORTH IN Article IV, Section 6. QUESTION J SECTION 2. AND BE IT FURTHER RESOLVED, That this amendment to the City Charter shall become effective on July 1, 2022. (2) THE DIRECTOR MAY BE REMOVED AT ANY TIME BY THE CITY ADMINISTRA­TOR. Charter Amendment – City Auditor SECTION 2 3. AND That this proposed amendment to the City Charter be submitted to the legal and qualified voters of Baltimore City, for adoption or rejection, in accordance with Article XI-A, § 5 of the Maryland Constituti­on, in the form specified by the City Solicitor. BE IT FURTHER RESOLVED, DEPARTMENT OF GENERAL SERVICES § 131. Director of General Services. FOR the purpose of authorizin­g the City Auditor to issue subpoenas to certain individual­s and entities; requiring the City Auditor to provide a copy of certain completed audit reports to the agency audited; and submitting this amendment to the qualified voters of the City for adoption or rejection. (b) Appointmen­t; Term. FOR CHARTER AMENDMENT AGAINST CHARTER AMENDMENT (1) The Director shall be appointed BY THE CITY ADMINISTRA­TOR AND must be confirmed BY THE CITY COUNCIL[, and shall serve,] pursuant to THE PROCESS SET FORTH IN Article IV, § 6. BY proposing an amendment to Article V - Comptrolle­r Section(s) 8 and 11(e) Baltimore City Charter (1996 Edition) QUESTION G (2) THE DIRECTOR MAY BE REMOVED AT ANY TIME BY THE CITY ADMINISTRA­TOR. Charter Amendment – Veto Override CITY ADMINISTRA­TOR FOR THE PURPOSE OF MODIFYING THE VOTE BY WHICH THE MAY OVERRIDE A MAYORAL VETO; REPEALING THE MAYORAL AUTHORITY TO VETO ITEMS OF APPROPRIAT­ION”; AND SUBMITTING THIS AMENDMENT TO THE QUALIFIED VOTERS OF THE FOR ADOPTION OR REJECTION. COUNCIL § 135. CITY ADMINISTRA­TOR: ESTABLISHM­ENT. SECTION 1. BE MAYOR CITY COUNCIL BALTIMORE, That the City Charter is proposed “ CITY IT RESOLVED BY THE AND OF to be amended to read as follows: THERE IS A CITY ADMINISTRA­TOR WHO SHALL BE THE CHIEF ADMINISTRA­TIVE OFFICER OF THE CITY.