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Takoma Park Code, Title 2, Administration

 

Title 2
ADMINISTRATION

Chapters:

2.04    Meetings and Procedures of the Council

2.08    City Management

2.12    Administrative Regulations

2.16    Boards and Commissions

2.20    Police Department

 

Chapter 2.04
MEETINGS AND PROCEDURES OF THE COUNCIL

Sections:

2.04.010    Council meetings and work sessions.

2.04.020    Agenda and order of business.

2.04.030    Procedure for handling citizen requests for placing items on Council agenda.

2.04.040    Ordinances and resolutions defined.

2.04.050    Procedure for adoption of ordinances and resolutions.

2.04.060    Fiscal notes.

2.04.070    Changes in rules.

2.04.080    Parliamentary authority.

2.04.090    Proclamations.

2.04.100    Salary of Mayor and Councilmembers.

2.04.105    Health insurance benefits of Mayor and Councilmembers.

2.04.110    Periodic review of council compensation.

 

2.04.010 Council meetings and work sessions.

A.    Council Meetings. The Council generally shall hold meetings in the Takoma Park Community Center and Sam Abbott Citizens’ Center unless the Council shall for any meeting prescribe a different place. Except during periods of recess, the Council shall generally meet twice each month.

B.    Special Sessions and Public Hearings. In addition to the Council meetings specified in subsection (A) of this section, the Council may at any time hold special sessions or public hearings. Unless otherwise determined by the Council, these meetings shall be held in the Takoma Park Community Center and Sam Abbott Citizens’ Center.

C.    Work sessions. In addition to the meetings specified in subsections (A) and (B) of this section, the Council shall hold work sessions at which Councilmembers shall discuss City business but may not adopt ordinances or resolutions. Unless otherwise determined by the Council, work sessions are held twice each month in the Takoma Park Community Center. At its discretion, the Council may hold additional work sessions in any month. Work sessions are open to the public, except when closed in accordance with State law.

D.    Written minutes of all Council meetings and work sessions shall be prepared in accordance with the Maryland Open Meetings Act. (Ord. 2006-1, 2006/Ord. 2004-3 (part), 2004)

 

2.04.020 Agenda and order of business.

A.    A written agenda for each Council meeting and work session shall generally be made available to the public no later than noon on the day of the meeting, unless the meeting is a special session called on an emergency basis. In that case, an agenda shall be available to the public as soon as possible. The agenda shall list the items to be considered at that meeting, briefly describe each item and, for Council meetings, state what action, if any, the Council plans to take on that agenda item.

B.    Items not on the written agenda of a Council meeting or work session are considered when a majority of the Councilmembers present determine that circumstances require timely consideration of that item. In such cases, the Mayor shall announce the additional item at the beginning of the meeting or work session.

C.    Council meetings include a public comment period, during which citizens may address the Council concerning issues not on the agenda for that meeting.

D.    At each Council meeting, citizens also shall be given an opportunity to address the Council concerning items on the agenda.

E.    The Council may adopt rules of procedure governing the conduct of Councilmembers and citizens at Council meetings and work sessions. (Ord. 2004-3 (part), 2004)

 

2.04.030 Procedure for handling citizen requests for placing items on Council agenda.

A.    The following procedure shall be followed:

1.    A citizen’s request to place an item on the agenda shall be in writing and shall clearly state the issue.

2.    Upon receipt of the citizen’s written request, the Mayor shall determine whether the item is one for further Council consideration or a matter which can be responded to in a follow-up letter, by a directive for action to staff or by an administrative report at a future Council meeting.

B.    If the matter does not lend itself to a clear resolution via the procedures delineated in Subsection (A)(2) of this Section, the Council, at its next work session, shall determine whether or not the matter should be placed on the Council agenda. The decision of the Council shall be communicated to the citizen making the request. (Ord. 2004-3 (part), 2004)

 

2.04.040 Ordinances and resolutions defined.

A.    Ordinances generally amend, affect or repeal City law, whether an ordinance is codified or not.

B.    Resolutions. There are 2 types of resolutions: simple resolutions and substantive resolutions.

1.    Simple resolutions are not law, but are merely expressions of the opinion of the Council. Simple resolutions are used, for example, to establish or make appointments to various City commissions and task forces, to set forth positions of support or opposition of the City government on a particular subject, to accept reports of various committees, to express congratulations or condolences or other matters of a nonsubstantive or personal import.

2.    Substantive resolutions have the force and effect of law. Substantive resolutions are used, for example, to amend the Charter. (Ord. 2004-3 (part), 2004)

 

2.04.050 Procedure for adoption of ordinances and resolutions.

A.    Except as otherwise provided in this Section, ordinances shall be read at 2 meetings of the Council prior to adoption.

1.    The first reading of an ordinance introduces the ordinance to Councilmembers for study and consideration and provides an opportunity for citizen input.

2.    At the second reading, the Council may adopt an ordinance with or without amendment.

B.    The following classes of ordinances may be adopted after one reading at a meeting of the Council:

1.    Ordinances dealing with appropriations of funds from the adopted fiscal year budget, or approved community development block grant program.

2.    Ordinances that are necessary to meet a public emergency affecting the public health, safety and welfare.

a.    Emergency ordinances must include a section of legislative findings describing the claimed emergency in clear and specific terms and declaring that the ordinance is necessary for the immediate protection of public health, safety or welfare.

b.    Emergency ordinances are effective immediately after adoption.

C.    Resolutions require one reading at a meeting of the Council prior to adoption.

D.    The affirmative vote of a majority of Councilmembers present at a meeting shall be required for adoption of an ordinance or resolution. (Ord. 2004-3 (part), 2004)

 

2.04.060 Fiscal notes.

A.    Preparation of Fiscal Notes.

1.    Except as provided in Subsections (4) and (5) of this Section, the City Manager or his or her designee, with the assistance of appropriate department heads, shall prepare or cause to be prepared a fiscal note for each ordinance.

2.    The City Manager or his or her designee shall submit a fiscal note for an ordinance to the Council prior to the first reading of the ordinance.

3.    Notwithstanding the foregoing, a fiscal note may be prepared and submitted to the Council prior to the second reading of an ordinance if the Mayor certifies that prompt Council action on an ordinance is necessary.

4.    Unless an ordinance provides for expenditures in excess of the budgeted amount, a fiscal note is not necessary for an ordinance providing for expenditures specifically authorized in the current fiscal year budget ordinance or resolution or in an ordinance or resolution revising that budget.

5.    A fiscal note is not necessary for emergency ordinances as defined in Section 2.04.050(B)(2).

B.    Contents of Fiscal Notes.

1.    A fiscal note for an ordinance shall contain an estimate of the fiscal impact of the ordinance on the revenues and expenditures of the City government:

a.    During the year in which the ordinance is to become effective and the next year after, as applicable; or

b.    If the full fiscal impact of an ordinance is not expected to occur during those years, the first year during which that impact is expected to occur.

2.    A fiscal note shall identify the sources of information used in preparing the estimate of fiscal impact.

C.    Copies.

1.    The City Manager or his or her designee shall keep a copy of each fiscal note for 3 years after the preparation of the note.

2.    Copies of fiscal notes are available for public inspection.

D.    The validity of an ordinance is not affected by the presence, absence or content of a fiscal note. (Ord. 2004-3 (part), 2004)

 

2.04.070 Changes in rules.

Any rule of procedure may be temporarily waived by a majority vote of the Councilmembers present, but any permanent amendment to a rule must be by ordinance or resolution, as appropriate. (Ord. 2004-3 (part), 2004)

 

2.04.080 Parliamentary authority.

Robert’s Rules of Order is the recognized authority as to any matter of procedure not covered by this Chapter or by rules adopted by the Council pursuant to Section 2.04.020(E). (Ord. 2004-3 (part), 2004)

 

2.04.090 Proclamations.

The Mayor, at his or her sole discretion, may make ceremonial proclamations that shall be read into the record during Council meetings. Proclamations shall not have any substantive effect or fiscal impact. (Ord. 2004-3 (part), 2004)

 

2.04.100 Salary of Mayor and Councilmembers.

A.    The Mayor shall receive an annual salary of $13,000.00 through the date on which the Mayor elected in November 2013 is sworn in. For the period from the day following the swearing in of November 2013 until June 30, 2014, the salary shall be $13,000.00 as adjusted according to the 12-month percent of change in the annual Wage and Salaries Employment Cost Index for State and Local Government calculated as of December 2012, or 0.0%, whichever is greater. Thereafter, the Mayor’s salary shall be adjusted on July 1st of each year pursuant to the above index, or 0.0%, whichever is greater.

B.    Each Councilmember shall receive an annual salary of $10,000.00 through the date on which the Councilmembers elected in November 2013 are sworn in. For the period from the day following the swearing in of November 2013 until June 30, 2014, the salary shall be $10,000.00 as adjusted according to the 12-month percent of change in the annual Wage and Salaries Employment Cost Index for State and Local Government calculated as of December 2012, or 0.0%, whichever is greater. Thereafter, the salary of each Councilmember shall be adjusted on July 1st of each year pursuant to the above index, or 0.0%, whichever is greater.

C.    In the event that a staff wage adjustment is suspended due to financial constraints, adjustments to the salaries of the Mayor and each Councilmember shall also be suspended.

D.    The Mayor and Councilmembers shall be paid biweekly in accordance with the City’s regular payroll schedule. (Ord. 2015-51 § 1, 2015/Ord. 2012-53 § 1, 2012/Ord. 2007-42, 2007/Ord. 2004-3 (part), 2004)

 

2.04.105 Health insurance benefits of Mayor and Councilmembers.

Effective the day after the Mayor and Councilmembers are sworn in following the November 2013 election, the Mayor and each Councilmember may participate in the City’s health insurance program on a cost sharing basis, with the City paying 50% of the lowest cost base premium rate for individual coverage. (Ord. 2015-51 § 1, 2015/Ord. 2012-53 § 1, 2012)

 

2.04.110 Periodic review of council compensation.

A.    Council Compensation Committee. The Council shall appoint a committee of City residents, every 4 years beginning with calendar year 2007, to serve as the Council Compensation Committee. The Committee shall review the salaries of the Mayor and Councilmembers and make recommendations to the Council whether or not such salaries should be changed.

B.    Principles of Compensation. The Council Compensation Committee shall apply the following principles to guide its recommendations:

1.    The positions of Mayor and Councilmember are part-time and should be treated that way;

2.    Full monetary compensation for the Mayor and Councilmembers is not appropriate;

3.    It is appropriate to monetarily compensate the Mayor and Councilmembers to some extent for their work;

4.    Monetary compensation creates an obligation for the Mayor and Councilmembers to perform their jobs;

5.    Monetary compensation provides status to the Mayor and Councilmembers;

6.    The Mayor’s salary should be greater than that of Councilmembers; and

7.    Compensation for the Mayor and Councilmembers should be comparable to Maryland municipalities of similar size and complexity.

C.    Effective Date of Council Salary Adjustment. Any change in the salary paid to the Mayor and Councilmembers is adopted prior to the next municipal election and takes effect only as to the next succeeding Mayor and Councilmembers as prescribed in Sections 302(c) and 304(c) of the Municipal Charter. (Ord. 2004-3 (part), 2004)

Chapter 2.08
CITY MANAGEMENT

Sections:

Article 1. City Manager

2.08.010    Appointment and duties of City Manager.

Article 2. Department Heads

2.08.020    Power of appointment.

2.08.030    Designation of department heads.

 

Article 1. City Manager

2.08.010 Appointment and duties of City Manager.

The Council shall appoint a City Manager, who shall be responsible for the proper administration of all day-to-day affairs of the City. The City Manager shall be vested with the powers and authority necessary to perform such duties, except where they may be inconsistent with other provisions of the Charter or this Code. The City Manager shall manage the departments of the City, through the department heads, to enforce the laws of the City. In addition, the City Manager shall perform such other duties as the Council may lawfully require. (Ord. 2004-3 (part), 2004)

 

Article 2. Department Heads

2.08.020 Power of appointment.

The City Manager shall have the power to appoint, suspend and remove all department heads at his or her sole discretion. The City Manager is authorized to negotiate and finalize all terms of employment with department heads and other appointed City officials. (Ord. 2004-3 (part), 2004)

 

2.08.030 Designation of department heads.

The City Manager may establish such department head positions as the City Manager deems necessary to manage the functions of the City government. The department heads may include:

A.    Library Director. The Library Director shall have overall responsibility for the general operation of the library. The Library Director shall plan, coordinate and direct library services for the City.

B.    Public Works Director. The Public Works Director shall have general charge of all public works done in the City. The Public Works Director shall plan, direct, supervise, and coordinate activities in such areas as infrastructure, building and vehicle maintenance, construction, park and street maintenance, refuse collection and disposal, recycling, trees and vegetation and stormwater management.

C.    Police Chief. The Police Chief shall arrange all activities and programs of the Police Department and shall be responsible for law enforcement in the City.

D.    Director of Recreation. The Director of Recreation shall plan, promote and administer recreation programs for the City.

E.    Director of Economic and Community Development. The Director of Economic and Community Development shall manage the City’s community and economic development and housing service functions. These functions include planning, historic preservation, development, enforcement of laws relating to landlord-tenant matters, housing code enforcement, and code enforcement, generally. (Ord. 2004-3 (part), 2004)

 

Chapter 2.12
ADMINISTRATIVE REGULATIONS

Sections:

2.12.010    Scope.

2.12.020    Definitions.

2.12.030    Authority.

2.12.040    Single subject and readability requirements.

2.12.050    External regulations.

2.12.090    Internal regulations.

2.12.100    Emergency regulations.

2.12.110    Repeal and modification of regulations by the Council.

2.12.120    Delegation of regulation authority.

2.12.130    Compilation of regulations.

2.12.140    Review of regulations.

 

2.12.010 Scope.

A.    The provisions of this chapter apply to all regulations, unless otherwise provided.

B.    Regulations promulgated by the Police Chief may be exempted from this chapter at the sole discretion of the City Manager upon consultation with the Police Chief.

C.    The Council is not an Agency for the purposes of this chapter. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2010-51 § 1, 2010/Ord. 2004-3 (part), 2004)

 

2.12.020 Definitions.

“Agency” means the City Manager or any department of the City of Takoma Park, Maryland.

“City board” means all statutory committees under Chapter 2.16, Boards and Commissions, and any and all boards, commissions, committees and task forces appointed by the Council.

“External regulations” means regulations that pertain to procedures and policies that pertain to residents of the City, businesses and other organizations within the City or those doing business with the City.

“Final regulation” means a regulation that has been adopted and approved in accordance with this chapter.

“Internal regulations” means regulations that specifically pertain to the procedures, policies or the implementation of legislation relating to the City government’s internal administrative matters. Such matters include, but are not limited to, office procedures of the City Manager or any City Agency or subdivision thereof and to personnel procedures or policies.

“Regulation” means any Agency order, directive or statement of general or particular applicability and future effect designed to implement or interpret law or policy, including an amendment or repeal of a prior regulation. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2010-51 § 1, 2010/Ord. 2004-3 (part), 2004)

 

2.12.030 Authority.

A.    An Agency that is authorized to implement or enforce an ordinance or law, whether such authorization is stated explicitly or implied in the ordinance or law, may adopt regulations necessary to implement the ordinance or law.

B.    Department and City Manager Approval. All proposed regulations and proposed final regulations shall have the written approval of the Director of the department and the City Manager. For proposed external regulations, such approval must be obtained prior to issuance of public notice. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2010-51 § 1, 2010/Ord. 2004-3 (part), 2004)

 

2.12.040 Single subject and readability requirements.

A regulation should pertain to only one subject. A regulation should be written in plain language. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2010-51 § 1, 2010/Ord. 2004-3 (part), 2004)

 

2.12.050 External regulations.

A.    City boards shall be provided at least 30 days to submit written comment to the appropriate Agency official and the City Manager on proposed external regulations that specifically pertain to the primary function or purpose of the board, commission, committee or taskforce. Based on comments provided by the City board, the City Manager may direct the Agency to modify or withdraw the proposed regulation at any time.

B.    Notice of Proposed External Regulation.

1.    Publication of Notice. An Agency shall publish notice in the Takoma Park Newsletter prior to the adoption, amendment or repeal of any external regulation. The Agency shall distribute the notice to the Council no later than one week prior to the date of publication.

2.    Publication of Additional Notice. An Agency, in its discretion, may also publish additional notice in any neighborhood, civic, professional, trade or industrial publication or in any newspaper of general circulation.

3.    Comment Period. Following notice of a proposed regulation, there shall be a minimum period of 30 days for comment on the proposed regulation, except if Council directs a longer period. Councilmembers may comment on any proposed regulation during the comment period provided in the public notice. At any time before the expiration of the comment period established by the notice, the Council may elect to hold a public hearing on a proposed regulation. The hearing shall be held within 30 days of the end of the comment period, unless the comment period ends while the Council is in recess, in which case, the hearing shall be held within 30 days of the end of the recess. If the Council schedules a public hearing, the public comment period is extended until the date of the public hearing. Based on information from the public hearing or other public, City Board or Council comments, the Council may, by majority vote, direct the Agency to withdraw or modify the proposed regulation.

4.    Publication of Notice—Exception. Notice does not have to be published in the Takoma Park Newsletter if all persons subject to the proposed regulation are named and either personally served or receive actual notice of the proposed regulation. The Agency shall distribute the notice to the Council no later than one week prior to the date of service of the notice on any person subject to the proposed regulation.

5.    Content of Notice. In the original published notice, an Agency shall either accurately summarize the substance of the proposed regulation and the subject and the issues involved or set forth the full text of the proposed regulation. If the proposed regulation is summarized, an Agency shall place the full text of the regulation on the City’s website and also make available written copies, stating where and how the full text may be obtained. If a public hearing will be held, the place, date and time of the hearing shall be stated. The notice shall solicit public comment. The notice shall also contain the requirements or procedure for submitting any written comments; the name, mailing address, telephone number and email address of the person to whom comments may be directed; the deadline for receipt of comments; any other pertinent deadlines; and the citation of the authority to promulgate the proposed regulation.

C.    Consideration by City Manager and Responsible City Department. The City Manager and responsible City department shall consider the comments submitted by a City board or in response to the notice in subsection (B)(3) of this section. The weight given to the various comments is within the discretion of the Agency. The Agency shall revise the proposed regulation in accordance with the Council’s directions pursuant to subsection (B)(3) of this section. The Agency shall keep a record of all submitted comments and the City Manager shall make the comments available to the Council upon request.

D.    Proposed Final Regulation—Final Action.

1.    After consideration of any comments upon a proposed regulation and compliance with the directions of the Council, an Agency shall prepare the proposed final regulation and submit the proposed final regulation to the City Manager for approval. Upon approval, the City Manager shall issue the proposed final regulation to the Council.

2.    The Council may accept, modify or withdraw a proposed final regulation at the earliest reasonable time for a Council meeting. The Council’s acceptance, modification or withdrawal of the proposed final regulation shall be the final action on the regulation.

3.    If the Council takes no action on the proposed final regulation, the proposed final regulation shall become the final action on the regulation.

E.    Publication of Notice of Final Regulation.

1.    In the issue of the Takoma Park Newsletter that follows the final action taken on a proposed regulation, an Agency shall publish notice of the final regulation. The notice of the final regulation shall be published at least 10 days before the effective date of the final regulation.

2.    When a proposed regulation becomes final, an Agency may publish or make available a summary response to public comments received.

3.    Upon adoption of a final regulation, an Agency shall publish the full text of the regulation on the City’s website and make written copies of the regulation available to the public. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2010-51 § 1, 2010/Ord. 2004-3 (part), 2004. Formerly 2.12.050—2.12.080)

 

2.12.090 Internal regulations.

A.    The provisions of the Administrative Regulations Ordinance shall apply to all internal regulations except that:

1.    Internal regulations do not require notice to a City board, the public, publication of notice of the proposed regulation, a public comment period, publication of notice of final regulation, or final action on a proposed final regulation by the Council.

2.    An Agency may solicit comments from the staff members who will be affected by the proposed internal regulations.

B.    There is a 30-day waiting period from the date an internal regulation is distributed until it becomes effective, unless immediate implementation is necessary under County, State, or Federal law, or if the regulation addresses safety-related, time-sensitive, or minor procedural matters.

C.    Internal regulations shall be made available to all affected personnel but need not be published in Takoma Park Regulations, established by Section 2.12.130, or published on the City’s website. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2010-51 § 1, 2010/Ord. 2004-3 (part), 2004)

 

2.12.100 Emergency regulations.

A.    If the City Manager determines that an emergency exists, a regulation need not meet the prior publication and consideration requirements of Section 2.12.050.

B.    An emergency regulation shall be effective immediately upon approval by the City Manager and will remain in effect for a period of 60 days. The City Manager shall send to the Council a copy of the regulation and a statement giving the reason for the emergency regulation. The City Manager’s statement shall specify the likely consequences of the emergency situation in the absence of the emergency regulation.

C.    The City Manager may ask the Council to extend by resolution the effective period of an emergency regulation. The City Manager shall provide the Council with a written statement of the reasons for the extension request.

D.    The Council may repeal an emergency regulation at any time according to the provisions of Section 2.12.110.

E.    Notice of the approval of an emergency regulation, its repeal, extension or any other final action taken regarding the emergency regulation shall be given in the next Takoma Park Newsletter and in Takoma Park Regulations, if appropriate.

F.    Emergency regulations must pertain to situations in which immediate action is needed to protect the public health, safety or general welfare. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2004-3 (part), 2004)

2.12.110 Repeal and modification of regulations by the Council.

A.    The Council may, by resolution, repeal any final or emergency external regulation.

B.    The Council may, by resolution, instruct the City Manager to modify the final external regulation as the Council deems necessary. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2010-51 § 1, 2010/Ord. 2004-3 (part), 2004)

 

2.12.120 Delegation of regulation authority.

In lieu of enacting an ordinance, the Council may delegate by resolution to the City Manager the function of promulgating regulations designed to implement an action authorized by an ordinance or law; provided, however, that the Council shall delegate only executive functions and shall not attempt to delegate its legislative power to an Agency. Following final adoption of any regulations, the Council may repeal any ordinance or code provisions that duplicate the final regulations. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2010-51 § 1, 2010/Ord. 2004-3 (part), 2004)

 

2.12.130 Compilation of regulations.

A.    Takoma Park Regulations Established. The Takoma Park Regulations are established and include:

1.    Each regulation of the City;

2.    Any document that the City Manager determines should be included;

3.    Any explanatory annotation; and

4.    An index by Agency and subject matter.

B.    Duties of City Manager.

1.    The City Manager, with the assistance of the City Clerk, shall compile, codify, edit, index, publish, and supplement the Takoma Park Regulations. The City Manager may procure a contract to meet the requirements of this subsection.

2.    Posting of the Takoma Park Regulations on the City’s website or other online site shall be considered to satisfy the publication requirements under this subsection.

3.    The City Manager may remove a regulation or a part of a regulation from the Takoma Park Regulations if the regulation is declared unconstitutional or otherwise illegal or invalid by a court after final appeal or if the Agency that enforced or administered the regulation ceases to exist and the functions and responsibilities of the Agency are not transferred to a successor.

4.    Supplements to the Takoma Park Regulations shall be published as needed.

5.    The City Manager may set a reasonable price for each copy of the Takoma Park Regulations and its supplements for sale to the public.

6.    A free copy of the Takoma Park Regulations and its supplements shall be distributed to appropriate public officials and public institutions and to any person the City Manager designates.

7.    Failure to include a regulation in the Takoma Park Regulations or its supplements shall not affect the validity of the regulation. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2004-3 (part), 2004)

 

2.12.140 Review of regulations.

If deemed necessary, the City Manager may conduct a review of the regulations for the purpose of determining whether the regulations should be repealed or amended. (Ord. 2011-46 § 1, 2011/Ord. 2011-27 § 1, 2011/Ord. 2010-51 § 1, 2010/Ord. 2004-3 (part), 2004)

 

Chapter 2.16
BOARDS AND COMMISSIONS

Sections:

Article 1. General Provisions

2.16.010    Membership of statutory Council-appointed committees.

Article 2. Tree Commission

2.16.020    Establishment.

2.16.030    Composition.

2.16.040    Function.

Article 3. Stormwater Board.

2.16.050    Designation—Presiding officer.

2.16.060    Membership—Conduct of business.

Article 4. Commemoration Commission

2.16.070    Establishment.

2.16.075    Statement of purpose.

2.16.080    Membership, terms, and structure.

2.16.085    Duties and responsibilities of the Commission.

Article 5. Complete Safe Streets Committee

2.16.100    Committee established.

2.16.110    Statement of purpose.

2.16.120    Committee membership, terms of office, structure, and staffing.

2.16.130    Duties and responsibilities of the committee.

Article 6. Arts and Humanities Commission

2.16.140    Commission established.

2.16.150    Statement of purpose.

2.16.160    Commission membership, terms of office, structure and staffing.

2.16.170    Duties and responsibilities of the Commission.

Article 7. Committee on the Environment

2.16.180    Committee established.

2.16.200    Statement of purpose.

2.16.210    Committee membership, terms of office, structure and staffing.

2.16.220    Duties and responsibilities of the Committee.

Article 8. Emergency Preparedness Committee

2.16.230    Established.

2.16.240    Duties of Emergency Preparedness Committee.

2.16.250    Membership.

2.16.260    Open meetings requirements.

Article 9. Recreation Committee

2.16.300    Establishment of Recreation Committee.

2.16.310    Statement of purpose.

2.16.320    Membership, Terms of Office, Structure and Staffing.

2.16.330    Meetings.

2.16.340    Duties and Responsibilities of the Committee.

Article 1. General Provisions

 

2.16.010 Membership of statutory Council-appointed committees.

A.    The Council shall appoint all members of the committees identified in this section.

B.    Except as otherwise provided in sections specific to individual committees, all members of committees are residents of the City of Takoma Park and, in the event a committee member ceases to reside in the City of Takoma Park, that member is ineligible to serve on the Committee as an active member.

C.    Several of the statutory committees are established and defined in this chapter. Cross-references to the enabling sections of the Code for all statutory committees, including those which are established and defined in other chapters of the City Code, are noted in the Term Expiration chart below. The length and expiration month/date of terms for each committee shall be as follows:

Committee

Term Length (Years)

Expiration

Arts and Humanities Commission (Section 2.16.140 et seq.)

3

June 30

Board of Elections (Section 5.24.020 et seq.)

3

June 30

Commemoration Commission (Section 2.16.070 et seq.)

3

March 31

Commission on Landlord-Tenant Affairs (Section 6.24.010 et seq.)

3

June 30

Committee on the Environment (Section 2.16.180 et seq.)

2

June 30

Emergency Preparedness Committee (Section 2.16.250 et seq.)

3

March 31

Ethics Commission (Section 3.04.050 et seq.)

2

September 30

Facade Advisory Board (Section 8.40.010 et seq.)

3

April 30

Noise Control Board (Section 14.12.140)

3

March 31

Nuclear-Free Committee (Section 14.04.110)

2

March 31

Personnel Appeal Board (Section 4.04.800 et seq.)

3

March 31

Recreation Committee (Section 2.16.300 et seq.)

2

April 30

Safe Roadways Committee (Section 2.16.100 et seq.)

2

June 30

Tree Commission (Section 2.16.020 et seq.)

3

September 30

1.    The initial term of a committee member who is appointed to replace a member who cannot complete his or her term shall be for the remainder of the term of the member being replaced.

2.    An initial term of a committee member that will expire in 6 months or less from the date of appointment is considered a short-term appointment.

3.    At the time a short-term appointment is made, the Council may extend the person’s short-term appointment to include the next full-term for the Committee, as set forth in subsection (C) of this section.

4.    A committee member who resigns, whose term expires or who ceases to reside in Takoma Park, at the discretion of the Committee Chairperson, may continue as an inactive member of the Committee to complete work on matters in which he or she participated as an active member of the Committee.

5.    The Council may, by resolution, remove a committee member before that person’s term has expired if the Council determines that the person has become incapacitated or has failed to reasonably perform his or her duties as a committee member. A committee may recommend to the Council in writing that a committee member be removed because the member has repeatedly failed to attend meetings or hearings of the Committee. Such a recommendation is made only upon the majority vote of the committee members present at a meeting where a quorum of the Committee exists. (Ord. 2014-63 § 2 (part), 2014/Ord. 2012-38 § 2 (part), 2012/Ord. 2012-37 § 2 (part), 2012/Ord. 2012-12 § 2 (part), 2012/Ord. 2009-56 § 2, 2009/Ord. No. 2008-4, 2-25-2008/Ord. 2005-9 § 2, 2005/Ord. 2004-3 (part), 2004)

Article 2. Tree Commission

2.16.020 Establishment.

A Tree Commission is established to preserve, protect and promote the urban forest of Takoma Park. (Ord. 2004-3 (part), 2004)

2.16.030 Composition.

The Tree Commission is composed of up to five City residents appointed by the Council. The terms begin on October 1st and end on September 30th. The members shall elect among themselves a Chair. (Ord. 2004-3 (part), 2004)

2.16.040 Function.

The Tree Commission, with the assistance of the Arborist, shall propose rules, regulations, procedures and actions to be taken by the City to preserve and protect the urban forest, subject to the approval of the Council, and perform any other related duties assigned by the Council by ordinance or resolution. (Ord. 2004-3 (part), 2004)

Article 3. Stormwater Board.

2.16.050 Designation—Presiding officer.

The Council is designated the Stormwater Board for the City of Takoma Park. The Mayor shall serve as the Presiding Officer of the Stormwater Board. (Ord. 2004-3 (part), 2004)

2.16.060 Membership—Conduct of business.

The voting members of the Stormwater Board shall be the same as the Council. Charter provisions governing the conduct of Council business are applicable to the Stormwater Board, and the Board is authorized to adopt such regulations as may be necessary or desirable for its operations and to carry out stormwater management in the City of Takoma Park. Stormwater Board regulations, if necessary, are promulgated in accordance with the procedures set forth in Chapter 2.12 (Administrative Regulations), of the Takoma Park Code, as amended from time to time. (Ord. 2004-3 (part), 2004)

 

Article 4. Commemoration Commission

2.16.070 Establishment.

There is established a Takoma Park Commemoration Commission. (Ord. 2014-63 § 1, 2014)

 

2.16.075 Statement of purpose.

The Commission shall document, maintain, and preserve past, present, and future memorials, commemoratives, and recognitions in the City; recommend to the City Council procedures and programs to honor and commemorate individuals, organizations and businesses that have made significant contributions to the social, cultural, historical, political, economic, or civic life of the City as a whole or to a neighborhood/local area as well as programs for individuals to honor others; implement such programs within its scope and budget; and decide on recognitions after opportunity for public review and comment. (Ord. 2014-63 § 1, 2014)

2.16.080 Membership, terms, and structure.

A.    Membership. The Commission will be comprised of up to nine but not less than five voting members and four nonvoting members.

1.    Voting Members. At least one voting member may be nominated by each of the ward Councilmembers and at least one at-large voting member may be nominated by the Mayor. No ward shall have more than two voting members on the Commission. Voting members shall be residents of the City.

2.    Nonvoting Members. The four nonvoting members shall include one representative selected by Historic Takoma, Inc., one representative selected by the Arts and Humanities Commission, one representative selected by the Recreation Committee, and one staff liaison selected by the City Manager.

3.    Appointments. All voting members and representative nonvoting members shall be appointed by the City Council, except for the staff liaison who shall serve at the pleasure of the City Manager.

B.    Terms. The regular term on the Commission shall be three years. However, initial appointments shall be for one, two, or three years to ensure continuity. All terms shall expire on March 31st. Except for the staff liaison, members shall serve for no more than two consecutive full terms.

C.    Structure. The Commission shall organize to accomplish its purposes, and elect from its members co-chairs and other officers as it shall deem necessary.

1.    Elections. Elections for officers shall be held annually.

2.    Meetings. The Commission shall meet at least quarterly. All meetings are subject to the Maryland Open Meetings Act.

3.    Quorum. A majority of voting members shall constitute a quorum to conduct business.

4.    Annual report. A report on the activities of the Commission shall be submitted to the Council at least once a year.

5.    The Commission shall conform to other provisions of Article 1 of this chapter, as may be amended from time to time. (Ord. 2014-63 § 1, 2014)

2.16.085 Duties and responsibilities of the Commission.

A.    Inventory and review the status of historical commemoratives, recognitions and memorials in City facilities and other places within the City, including those that have been possibly lost or placed in storage. Recommend action for the disposition of these commemoratives.

B.    Develop a digital record of images and information related to commemoratives.

C.    Maintain and supervise the City’s commemorative archival records. Issue an annual report on the status of these records, listing the content and place of each record maintained by the City. These digital records shall be publicly accessible.

D.    Adopt and maintain a policy/procedure manual for including all commemorative archival records in the digital archive.

E.    Devise a means to include in the digital archive oral or written stories by or about those commemorated.

F.    Create a program of categories and procedures for a variety of permanent and one-time honors, awards and memorials and recommend adoption by the City Council. These honors, awards, and memorials shall include options for individuals to commemorate others (e.g., plaques, memorial trees, benches, and so on). Once adopted, the Commission shall implement the program.

G.    Establish a system of maintenance for commemorative projects.

H.    Recommend a schedule of fees for commemorative services.

I.    Recommend to the City Council an annual budget for Commission operations and programs. It is expected that the Commission will be primarily self-funded from fees charged for commemorative services.

J.    The Commission shall make recommendations to the City Council on the establishment of an endowment fund to support the maintenance and preservation of commemoratives for a reasonable period of time to be determined, including a fee structure to support the endowment that would be charged for each service.

K.    Work collaboratively with other organizations and individuals in the City by sharing information and ensure that commemorative services are complementary and not duplicative.

L.    Recommend to the City Council designated areas in the City where honors may be placed.

M.    Recommend guidelines for fabrication and installation of all commemoratives. Each commemorative shall have the City seal and have a uniform design theme.

N.    Recommend to the City Council proposed memorandums of understanding with other agencies regarding honors on their property (e.g., MCPS and M-NCPPC). (Ord. 2014-63 § 1, 2014)

Article 5. Complete Safe Streets Committee

2.16.100 Committee established.

There is established a Takoma Park Complete Safe Streets Committee which shall serve in an official advisory and coordination role to the City Council on all matters related to transportation. (Ord. 2019-15 § 1, 2019/Ord. 2012-38 § 1, 2012/Ord. 2004-08 § 1, 2004)

2.16.110 Statement of purpose.

The purpose of the Takoma Park Complete Safe Streets Committee shall be as follows:

A.    To advise the City Council on transportation-related issues including, but not limited to, pedestrian and bicycle facilities and safety, traffic issues, and transit services.

B.    To encourage Takoma Park residents to use alternatives to driving, including walking, bicycling, and transit. (Ord. 2019-15 § 1, 2019/Ord. 2012-38 § 1, 2012/Ord. 2004-08 § 2, 2004)

 

2.16.120 Committee membership, terms of office, structure, and staffing.

A.    Membership. The Committee consists of up to 11 persons to be appointed by the Council. Efforts shall be made to have representation from each of the City’s wards, and to ensure diversity of interests and subject matter expertise where feasible. Members may serve for no more than six years continuously.

B.    Terms of Office. Committee members shall serve staggered two-year terms with initial appointments of one and two years. All terms shall begin on July 1st and end on June 30th. Midterm vacancies shall be filled to serve the balance of the unexpired term.

C.    Structure.

1.    The Committee shall organize to accomplish its purposes, and elect from its members co-chairs and other officers as it shall deem necessary. Elections for officers shall be held annually.

2.    The Committee shall meet at least quarterly.

3.    All meetings are open to the public and are subject to the Maryland Open Meetings Act. Meeting notices and agendas are prepared and submitted to the City Clerk and posted in advance of any Committee meeting in accordance with State law. Written records of Committee proceedings are maintained. A report on the activities of the Committee shall be submitted to the Council at least once a year.

4.    A majority of members shall constitute a quorum to conduct business.

D.    Staffing. The City Manager shall designate a Committee liaison, who shall provide appropriate staff support to the Committee on an as needed basis.

E.    The Committee shall conform to other provisions of Article 1 of this chapter as may be amended from time to time. (Ord. 2019-15 § 1, 2019/Ord. 2012-38 § 1, 2012/Ord. 2005-36, 2005/Ord. 2004-08 § 3, 2004)

 

2.16.130 Duties and responsibilities of the committee.

The Committee shall advise and assist the Council with respect to developing and implementing policies to increase transportation safety and accessibility in Takoma Park, especially for pedestrians, bicyclists, and transit riders. In furtherance of these duties, the Committee shall attempt to accomplish the following:

A.    Assist the Council in the development of policies and programming that address the transportation concerns of the community.

B.    Assist the Council in outreach to residents to understand their Complete Streets priorities and concerns, and in prioritizing transportation-related projects.

C.    Collaborate with programs and organizations and with other City task forces and committees that may, at any time, be involved in matters relating to Takoma Park roadways, transit, pedestrians, and bicyclists.

D.    Prepare an annual report to the Council on the activities of the Committee and provide additional briefings as required. (Ord. 2019-15 § 1, 2019/Ord. 2012-38 § 1, 2012/ Ord. 2004-08 § 4, 2004)

 

Article 6. Arts and Humanities Commission

2.16.140 Commission established.

There is established a Takoma Park Arts and Humanities Commission which shall serve in an official advisory role to the City Council on all matters related to the arts, which will promote, coordinate, and strengthen public programs to further cultural development of the City. (Ord. 2003-1 § 1 (part), 2003)

 

2.16.150 Statement of purpose.

The purpose of the Takoma Park Arts and Humanities Commission shall be as follows:

A.    To advise the City Council on ways in which the City might best serve the public with regard to matters involving the arts.

B.    To encourage and aid the appreciation and awareness of, and participation in, the arts among all Takoma Park residents.

C.    To encourage cooperation and coordination among individuals, organizations and institutions concerned with the arts in Takoma Park.

D.    To facilitate employment opportunities for artists and the development of self-sustaining arts programs. (Ord. 2003-1 § 1 (part), 2003)

2.16.160 Commission membership, terms of office, structure and staffing.

A.    Membership. The Commission shall consist of a minimum of 7 and maximum of 15 persons to be appointed by the City Council. A minimum of 2/3 of the members of the Commission shall reside in the City of Takoma Park. No organization which is a potential recipient of city arts funding shall have on the Commission more than one person who serves on its board or staff. Every effort shall be made to have a broad and diverse representation of the fine and performing arts community and of local arts and cultural organizations on the Commission.

B.    Terms of Office. Commission Members shall serve staggered 3-year terms with initial appointments of one, 2 and 3 years. All terms shall being on July 1st and end on June 30th. Members may be appointed for a maximum of 2 successive terms. Mid-term vacancies shall be filled to serve the balance of the unexpired term.

C.    Structure.

1.    The Commission shall organize and adopt bylaws and rules of procedure, necessary to accomplish its purposes, and elect from its members a Chairperson and such other officers as it shall deem necessary. Officers shall serve for a period of one year.

2.    The Commission shall meet quarterly or as often as required to fulfill its responsibilities.

3.    All meetings shall be open to the public and are subject to the Maryland Open Meetings Law. Meeting notices and agendas shall be prepared and submitted to the City Clerk and posted in advance of any Commission meeting in accordance with State law. Written records of Commission proceedings shall be maintained. A report on the activities of the Commission shall be submitted to the City Council once a year.

4.    The Commission shall not meet unless a majority of the appointed members are present.

5.    The Commission, individually, or as a whole, may lobby or provide comments or recommendations to entities other than the City Council only as authorized and directed by the City Manager or through formal action of the City Council.

D.    Staffing. The City Manager or his or her designee shall provide appropriate staff support to the Commission. (Ord. 2003-6 § 1, 2003/Ord. 2003-1 § 1 (part), 2003)

 

2.16.170 Duties and responsibilities of the Commission.

The Commission shall advise and assist the City Council with respect to developing and promoting the performing and visual arts for the enjoyment, education, cultural enrichment and benefit of the residents of the City of Takoma Park. In furtherance of these duties, the Commission shall attempt to accomplish the following:

A.    Develop in cooperation with other City Departments and the Montgomery County Arts and Humanities Council, a long-range Master Plan for the development of a thriving arts community in Takoma Park and the utilization of public facilities for art-related activities. Such Master Plan shall be updated every 2 years;

B.    Initiate, sponsor, conduct or support, alone or in cooperation with other public or private agencies, public programs in the arts;

C.    Serve as a clearinghouse for information about Takoma Park artists, art programs, facilities, organizations and institutions and to actively encourage public awareness, utilization, and support of such resources;

D.    Advise the City as to the availability and adequacy of facilities and space for the presentation of cultural activities;

E.    Review and advise on the aesthetic aspects of all works of art or designs or public monuments accepted or commissioned by the City;

F.    Prepare and submit budgetary recommendation to the City Manager for annual expenditures necessary for the continuation and development of public programs and facilities which further the arts;

G.    Review funding requests and recommend to the City Council the allocation of monies to cultural organizations, arts organizations, and individual artists;

H.    Seek out and encourage contributions and grants to the arts from private and public sources;

I.    Initiate proposals for Federal and State assistance to the arts and to review arts-related proposals and programs originated by the City and approved by the City Manager;

J.    Keep abreast of what other communities are doing to further the arts and to adapt their accomplishments to the needs of Takoma Park;

K.    Prepare an annual report to the City Council on the activities of the Commission. (Ord. 2003-1 § 1 (part), 2003)

Article 7. Committee on the Environment

2.16.180 Committee established.

There is established a Takoma Park Committee on the Environment which shall serve in an official advisory and coordination role to the City Council on all matters related to environmental sustainability, protection and restoration. (Ord. 2012-37 § 1, 2012/Ord. 2005-9 § 1 (part), 2005)

 

2.16.200 Statement of purpose.

The purposes of the Committee shall be as follows:

A.    To advise the City Council on all environmental issues, including, but not limited to, stormwater management, greenhouse gas reduction, air quality, tree protection, open space conservation, biodiversity, watershed functioning and restoration, energy use, transportation, energy conservation, and recycling;

B.    To serve in partnership with the City Council and Takoma Park City staff to work together to achieve sustainability and other environmental certifications that may help the City meet and be recognized for its environmental goals. (Ord. 2012-37 § 1, 2012/Ord. 2005-9 § 1 (part), 2005)

 

2.16.210 Committee membership, terms of office, structure and staffing.

A.    Membership. The Committee shall consist of 11 to 15 persons to be appointed by the Council. Efforts shall be made to have representation of the following:

1.    No less than five interested residents, including residents with expertise in a variety of scientific, technical, and environmental policy disciplines, and outreach skills related to environmental science.

2.    No less than four representatives from community organizations including local environmental and cultural groups, public health and civic organizations, faith-based groups, and parent-teacher organizations.

3.    No less than two representatives from local businesses or business groups.

C.    Terms of Office. Committee members shall serve staggered two-year terms, with initial appointments of one and two years. Terms shall begin on July 1st and end on June 30th. Members may serve for no more than three continuous terms.

D.    Structure.

1.    The Committee shall organize to accomplish its purposes, and elect from its members two co-chairs and other officers as it shall deem necessary.

2.    The Committee shall meet at least quarterly.

3.    All meetings shall be open to the public and are subject to the Maryland Open Meetings Act. Meeting notices and agendas shall be prepared and submitted to the City Clerk and posted in advance of any Committee meeting in accordance with State law. Written records of Committee proceedings shall be maintained. An oral or written report on the activities of the Committee shall be submitted to the Council at least once a year.

4.    A majority of members shall constitute a quorum to conduct business.

E.    Staffing. The City Manager or his or her designee shall provide appropriate staff support to the Committee on an as needed basis when requested, but staff shall not be permanently assigned to the Committee.

F.    The Committee shall conform to other provisions of Article 1 of this chapter, as may be amended from time to time.

G.    Committee, City and Council Collaboration. To achieve Sustainable Maryland Certified Municipal Certification or other such certifications that may arise in the future, no less than twice per year the co-chairs of the Committee on the Environment and the Mayor will convene and co-chair joint meetings which shall be called “Committee/Council Sustainability Certification Meetings.” All members of the Committee on the Environment, the City Council and City Manager, or a designee of the City Manager, are voting members during Committee/Council Sustainability Certification Meetings. (Ord. 2012-37 § 1, 2012/Ord. 2005-9 § 1 (part), 2005)

 

2.16.220 Duties and responsibilities of the Committee.

The Committee shall review and provide advice on City and community actions that affect environmental quality. The Committee may review resolutions, legislation, regulations, and published policies, guidance, administrative actions, plans, and program activities that may affect environmental quality. In furtherance of these duties, the Committee shall attempt to accomplish the following:

A.    Assist the Council in the development and improvement of policies and programming that could help the City achieve its sustainability and environmental goals;

B.    Help inspire and lead community efforts and involvement in environmental sustainability and environmental protection and restoration;

C.    Assist the Council in technical and policy direction and in setting priorities for environmental projects;

D.    Help Takoma Park secure and maintain recognition as a leader in sustainability in Maryland;

E.    Work with City staff and serve as a basis of community partnership to advance on environmental programs and projects; and

F.    Prepare an annual report to the Council on the activities of the Committee and provide additional briefings as needed. (Ord. 2012-37 § 1, 2012/Ord. 2005-9 § 1 (part), 2005)

Article 8. Emergency Preparedness Committee

2.16.230 Established.

The City Council of Takoma Park, Maryland, establishes an Emergency Preparedness Committee to provide community input to and assist in the City’s planning and preparations for emergency operations and to involve residents in providing appropriate assistance during emergency operations. (Ord. 2014-20 § 1, 2014/Ord. 2004-31 (part), 2004)

2.16.240 Duties of Emergency Preparedness Committee.

The Emergency Preparedness Committee shall assist in:

A.    Reviewing the City’s Emergency Operations Plan and other supporting emergency documents and recommending changes to the Council and City Manager.

B.    Exploring the formation of volunteer neighborhood emergency teams that can assist City departments in carrying out emergency activities when called upon.

C.    Coordinating with the City, Montgomery County, and other agencies to educate residents on their individual responsibilities in preparing their households for emergencies and providing information on what residents can expect from the City and County during an emergency.

D.    Collecting and providing, as appropriate, research and data as well as assembled comments on emergency-related events for the Council.

E.    Reporting to the Council on the Committee’s progress six months after the Committee starts operating and every six months thereafter. Each report will provide information on upcoming plans for the Committee along with recommendations for improving the City’s preparedness, if appropriate.

F.    Coordinating with Montgomery County to offer and promote citizen training programs for residents.

G.    Identifying and promoting volunteer opportunities during emergency situations to neighborhood safety contacts, citizen patrols, citizen associations, persons who serve or care for special City populations, and other City residents in concert with the agency within Montgomery County that is responsible for volunteers during emergencies.

H.    Advising the City on strategies to improve the effectiveness and efficiency of City preparedness activities and its relationship with relevant agencies, organizations, and community groups.

I.    Providing opportunities, when appropriate, for Councilmembers to be present during emergency exercises as observers and solicit their feedback after an event. (Ord. 2014-20 § 1, 2014/Ord. 2007-3, 2007: Ord. 2004-31 (part), 2004)

2.16.250 Membership.

A.    The Committee will be composed of appropriate senior City staff selected by the City Manager, one member selected by the Public Safety Citizens Advisory Committee (PSCAC), one member selected by the Takoma Park Volunteer Fire Department, one member selected by the Washington Adventist Hospital, one member selected by the Montgomery County Office of Emergency Management and Homeland Security, and seven residents (preferably at least one from each ward) appointed by the Council. Appointees should have some professional background in emergency preparedness or operations and be available to perform committee duties when required.

B.    The Council may, by resolution, appoint up to five additional representative members to serve on the Committee. These members may represent educational institutions, faith communities, businesses or business associations, landlords or managers of multi-unit residential properties in the City, and other appropriate sectors or stakeholders in the community.

C.    Resident committee members shall serve staggered, three-year terms with initial appointments of one, two and three years. All terms shall begin on April 1st and end on March 31st. Mid-term vacancies shall be filled to serve the balance of the unexpired term and, if appropriate, extended in accordance with provisions of Section 2.16.010. Other Committee members will serve as long as determined appropriate by their institution or agency. (Ord. 2014-20 § 1, 2014/Ord. 2006-2, 2006: Ord. 2005-8, 2005/Ord. 2004-31 (part), 2004)

2.16.260 Open meetings requirements.

The Committee shall comply with open meetings requirements as set forth in Takoma Park Administrative Regulation 95-01 and other applicable City regulations/policies, and Federal and State laws. This shall include making prior announcements of all meetings and maintaining and publishing written minutes of all meetings. (Ord. 2014-20 § 1, 2014/Ord. 2004-31 (part), 2004)

 

Article 9. Recreation Committee

2.16.300 Establishment of Recreation Committee.

A Recreation Committee is hereby established to advise the City Council on matters pertaining to recreation programming and facilities. (Ord. No. 2008-4, 2-25-08)

2.16.310 Statement of purpose.

The purpose of the Recreation Committee shall be as follows:

A.    To advise the City Council on how best to serve the diverse recreation needs of Takoma Park residents, including but not limited to reviewing and recommending policies and programs that concern recreational opportunities within the City, with a special emphasis on youth and seniors and broad and diverse participation.

B.    To advise the City Council regarding a range of community needs involving recreation, health, leisure, education, enrichment programs, and opportunities for social development.

C.    To identify for the City Council options and opportunities which may benefit the Takoma Park community by serving those needs.

D.    To advise the City Council on ways to enhance use of existing City-owned or operated facilities, including the Community Center, the New Hampshire Avenue Recreation Center, Heffner Park Community Center, and athletic fields maintained by the City to meet the objectives set forth in Section 2.16.310(B).

E.    To advise the City Council of options and opportunities for recreational use of other public community facilities in the area and to suggest to the Council new facilities which may be needed. (Ord. No. 2008-4, 2-25-08)

2.16.320 Membership, Terms of Office, Structure and Staffing.

A.    The Recreation Committee shall consist of seven to 15 Takoma Park residents to be appointed by the City Council. Every effort shall be made to ensure that the membership represents all wards and the diverse populations in Takoma Park.

B.    Committee members shall serve staggered two-year terms, with initial appointments of one and two years. Terms shall begin on May 1 and end on April 30.

C.    The Committee shall organize and adopt bylaws and rules of procedure as necessary to accomplish its purpose. The Committee shall elect a Chairperson, Vice Chairperson, and any other officers it shall deem necessary. Officers shall serve for a period of one year.

D.    The City Manager shall designate a City staff member to serve as liaison to the Committee.

E.    To facilitate coordination with other groups, the Recreation Committee shall select from among its membership representatives to serve as non-voting liaisons to the Arts and Humanities Commission, the Public Safety Citizens Advisory Committee, and any other bodies designated by the Committee or the Council. (Ord. No. 2008-4, 2-25-08)

2.16.330 Meetings.

A.    The Recreation Committee shall meet quarterly or as often as necessary to fulfill its responsibilities. The Committee shall establish a regular meeting schedule and prepare minutes of meetings in conformance with the Maryland Open Meetings Act.

B.    A majority of members shall constitute a quorum to conduct business. (Ord. No. 2008-4, 2-25-08)

2.16.340 Duties and Responsibilities of the Committee.

A.    The Committee shall prepare an annual report to the Council and may provide additional briefings as needed.

B.    The Committee shall conform to other provisions of Article 1, Chapter 2.16 Boards and Commissions, as may be amended from time to time. (Ord. No. 2008-4, 2-25-08)

Chapter 2.20
POLICE DEPARTMENT

Sections:

2.20.010    Duties of Chief Police Officer generally.

2.20.020    Public inspection of rules.

2.20.030    Definitions.

2.20.010 Duties of Chief Police Officer generally.

A.    The Chief Police Officer shall be responsible for the preservation of the peace, the maintenance of order, the prevention and detection of crime and the enforcement, within the City, of all laws, regulations and ordinances over which the Police Department has jurisdiction.

B.    The Chief Police Officer shall ensure that members of the force properly perform their police duties, that the rules and regulations of the Department are strictly enforced and that discipline in the Department is rigidly maintained.

C.    The Chief of Police shall promulgate those rules, regulations and general orders necessary to implement subsections (A) and (B) of this section; provided, however, that the Chief shall make no rule, regulation or general order which conflicts with or is contrary to applicable constitutional or statutory requirements or any rule or regulation promulgated by the City Administrator or the Mayor and Council. (Prior code § 9-1)

2.20.020 Public inspection of rules.

All Police Department rules or other directives which prohibit specific behavior of department personnel shall be made available for public inspection. (Prior code § 9-2)

2.20.030 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

“Rule and regulation” means any policy, standard, guideline or order which concerns the management or governance of the Police Department; or the conduct of the Department or its individual members in the performance of their duties toward the public. It does not include:

1.    Any order, memorandum, report or other written document or material which pertains to a specific case or member of the Department;

2.    Any matter which is to be kept confidential under Sections 10-615, 10-616 and 10-617 of the State Government Article of the Annotated Code of Maryland;

3.    Any matter which the Chief of Police, acting as the official custodian, determines may be kept confidential pursuant to Sections 10-618 and 10-619 of the State Government Article of the Annotated Code of Maryland. (Prior code § 9-3)

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