MAYOR AND TOWN COUNCIL

TOWN OF FOREST HEIGHTS


CHARTER AMENDMENT RESOLUTION NUMBER 22 –

PROPOSING TO AMEND THE FOREST HEIGHTS TOWN CHARTER

SECTION 33-18. POWERS AND DUTIES.


INTRODUCED BY: Councilman George Wiggers


ENACTED: March 9, 2007


WHEREAS, an amendment to the Town charter will be on the March 14, 2007 election ballot by petition to reinstate a subsection to Charter section 33-18 entitled “Chief Executive;” and


WHEREAS, the last subsection to Section 33-18 has been interpreted by some to potentially give the Mayor of Forest Heights the authority to act in broad areas without any oversight of the Town Council; and


WHEREAS, the proper role of a legislative body is to provide oversight of the executive branch of government in all areas, and where necessary introduce corrective legislation; and


WHEREAS, Maryland Code Article 23A § 12 and 13 governing municipalities empower and regulate the Town Council in enacting charter amendments and the Mayor in posting and publication of proposed charter amendments;


NOW THEREFORE BE IT RESOLVED that the Town Council of Forest Heights proposes to amend the Charter of the Town of Forest Heights by repealing the last subsection of Section 33-18 in its entirety as follows [boldface in brackets] indicating deleted text:


“[Chief Executive. The Mayor shall be the Chief Executive Officer in the context of town administration and operations in order to fulfill the roles and responsibilities as delineated in Article 23A of the Annotated Code of Maryland. The Mayor shall serve as the head of the administrative branch of the Town government and shall confer with the Town Council on all administrative matters not previously and clearly covered by the letter and intent of an approved budget and other matters as required by this Charter.]”


BE IT FURTHER RESOLVED that the Acting Mayor shall give notice of this resolution for a proposed Charter Amendment by posting an exact copy thereof at the town hall for a period of at least forty days following its adoption and shall cause a fair summary of this proposed Charter Amendment to be published in a newspaper of general circulation in the Town of Forest Heights not less than four times, at weekly intervals within a period of at least forty days starting not later than three days immediately following the date of the adoption of this resolution containing the proposed charter amendment.


BE IT FURTHER RESOLVED that failure to comply with this resolution shall be deemed a misdemeanor and subject to 30 days in prison and a fine not to exceed $1,000.00; and


AND BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its passage and the Charter Amendment hereby proposed shall take effect April 28, 2007.


PASSED THIS DAY OF March 9, 2007.


Larry Stoner, Acting Mayor & Councilman Ward III
Clifton Atkinson, Councilman Ward II

Carmelita Lynn Smith-Barnes, Councilwoman Ward I

Andrea McCutcheon, Acting Council President & Councilwoman Ward II
George F. Wiggers, Councilman Ward I

Attest:

Bonita Anderson, Town Clerk