Section 1 Officers and Members
1.1 The Mayor shall serve as the president of the Board of Aldermen. He or she shall have no vote on any matter except when the Board of Aldermen is equally divided, in which case he shall cast the deciding vote.
1.2 The Board of Aldermen shall consist of five (5) aldermen who shall elect a
president pro tempore who shall preside at the meetings of the Board of Aldermen in the absence of the Mayor.
1.3 A majority of the Board of Aldermen shall constitute a quorum for the transaction of business, and no ordinance shall be approved or other action taken without a majority favorable vote of those present unless otherwise provided by Charter
Section 2 General Powers
2.1 The Board of Aldermen shall have the power to pass all ordinances not contrary to the constitution and laws of Maryland or the City Charter, as it may deem necessary for the good government of The City; for the protection and preservation of The City’s property, rights and privileges; for the preservation of peace and good order and for securing the health, comfort and convenience of the residents of Frederick, visitors thereto and sojourners therein.
2.2 The Mayor shall have the power to veto ordinances and resolutions and orders passed by the Board of Aldermen. The Mayor shall also have the power to veto orders and resolutions incurring debt, or paying out, or in any way appropriating money.
2.3 All ordinances passed by the Board of Aldermen shall be delivered to the Mayor for signature. The Mayor shall approve or veto all ordinances within two (2) weeks. All ordinances vetoed by the Mayor shall be returned to the legislative clerk with a message stating the reasons for veto. Any vetoed ordinance shall not become law unless subsequently passed by a favorable vote of four-fifths of the whole Board of Aldermen within thirty (30) days from the time of the return of the ordinance.
2.4 All actions approved by the Board of Aldermen at public sessions, and which are not otherwise addressed in the Charter, and which do not change the Charter or Code, shall be called Official Actions. Official Actions shall become effective immediately unless vetoed by the Mayor at that meeting.
2.5 In accordance with Robert’s Rules, a majority of the Board of Aldermen may approve a motion to reconsider an action already defeated at the same meeting. The motion shall be made only by an alderman who voted on the prevailing side earlier on the question. A motion to reconsider may be brought up at a subsequent meeting, however, if the Mayor believes that there is no indication that the board’s wishes have changed, the motion can be ruled our of order.
2.6 With the advice and consent of the Board of Aldermen, the Mayor may create and appoint committees or advisory groups he deems necessary to advise in the administration of The City affairs for the betterment of the community. The Mayor shall also have the authority to appoint liaison representatives to committees or community organizations.
2.7 With the advice and consent of the Board of Aldermen, the Mayor shall appoint the heads of all offices, departments and agencies of government of The City of Frederick as established by The City Charter or by Ordinance of the Board of Aldermen.
2.8 The Mayor and Board of Alderman shall have any and all other powers as enumerated in The City Charter.
Section 3 Meetings
3.1 Open Meetings Act: All regular and special meetings, except where State or local law allows Executive Sessions of certain limited topics, shall be open to the public as required pursuant to the Open Meetings Act, codified in the Annotated Code of Maryland, State Government Article, Section 10-501 through 10-512, as amended.
3.2 All members have an equal right to speak at all meetings of the Mayor and Board of Aldermen. In accordance with Robert’s Rules, each speaker must be recognized by the Mayor prior to speaking.
3.3 At all meetings of the Mayor and Board of Aldermen, the board shall honor and adhere to Resolution 01-10, entitled, The Code of Conduct of The City of Frederick, as adopted and approved by The City of Frederick on April 19, 2001, attached hereto as Exhibit A.
3.4 Only one subject shall be before the Board of Aldermen at one time. Each item to be voted upon is proposed as a motion which requires a second before being put to a vote. Motions shall be clear and concise and shall embody the intent of the maker. Once a motion is made and seconded, the chair places the question before the board by restating the motion.
3.5 Regular Meetings.
3.5.1 The Mayor and Board of Aldermen shall meet in regular session in accordance
with The City Charter. The board may meet once in the months of June, July, August, September and December. Should a regular meeting coincide with a legal holiday or for other proper reason, the board may reset the regular meeting to some other date. All Regular Meetings shall convene on the first floor in City Hall, at 7:00 p.m.
3.5.2 All Regular Meetings of the Mayor and Board of Aldermen shall be adjourned by
11 PM, unless a majority of the Board votes to continue the meeting past 11 PM.
3.5.3 Matters on the agenda not addressed that evening shall be automatically continued
until the next Regular Meeting of the Mayor and Board of Aldermen unless a majority of the Board of Aldermen set the matter to be heard on a date specific.
3.6 Special Meetings: Special meetings may be called as often as may be necessary by the Mayor or by a majority of the Board of Aldermen. The Mayor’s staff may act on behalf of the Mayor or Board of Aldermen to notify each member of a change of meeting at any time provided that at least twenty-four (24) hours notice shall be given each member before a special meeting is held.
3.7 Work Sessions: The Mayor and Board of Aldermen may meet informally in work sessions, open to the public, to review forthcoming programs of The City of Frederick. No formal actions may be taken in a work session. Public comment is not taken at work sessions, but may be permitted by majority vote of the board provided that advanced public notice was provided to the general public.
3.8 Executive Sessions.
3.8.1 Executive sessions, or closed meetings, may be held in accordance with the
applicable provisions of the Charter of The City of Frederick and the Annotated Code of Maryland.
3.8.2 A majority of the members present must vote in favor of closing the session prior
to meeting in executive session. The vote will be recorded and a written statement shall be provided outlining the reason for closing the meeting, including a citation of the authority under the Annotated Code of Maryland. Such statement shall be entered into the minutes of the Mayor and Board of Aldermen.
3.8.3 No ordinance, resolution, rule or regulation shall be finally adopted at an
Executive Session.
3.8.4 During executive sessions, the board may only discuss the topic(s) outlined in the
reasons to close the meeting.
3.8.5 Procedural rules of the Mayor and Board of Aldermen shall apply in Executive
Sessions.
3.8.6 The Office of Legal Services shall be consulted prior to each Executive Session
for the legal sufficiency of closing a meeting.
3.8.7 In accordance with State law, topics that may be discussed include but are not
limited to:
(a) Personnel matters;
(b) Protection of the privacy or reputation of individuals in matters not related to public business;
(c) Consider the acquisition of real property for a public purpose;
(d) Proposal for a business or industrial organization to locate, expand or remain in the City;
(e) Investment of public funds of the marketing of public securities;
(f) Consultation with legal counsel to obtain legal advice;
(g) Pending or potential litigation;
(h) Collective bargaining negotiations;
(i) Public security, including the development and implementation of emergency plans;
(j) Qualifying examinations;
(k) Investigative proceedings concerning criminal misconduct;
(l) Compliance with specific constitutional, statutory or judicially imposed requirements that prevents public disclosure about particular matters;
(m) Discuss matters directly related to a negotiating strategy or contents of a bid or proposal, if public discussion would aversely affect the competitive bidding or proposal process.
3.9 The order of business before the board shall be in accord with the agenda prepared by the Mayor’s staff.
3.10 Record of Proceedings.
3.10.1 The Board of Aldermen shall keep a record of its proceedings and enter therein
the yeas and nays upon which any question, resolution or ordinance.
3.10.2 The record shall be open to public inspection.
3.10.3 It shall be the duty of the Mayor’s staff to keep an accurate record of all
proceedings at all meetings and public hearings. A tape recording may be accepted as the official record.
3.10.4 Minutes shall be typed and distributed to the board members as soon as
practicable and once approved by the board members they shall be placed into the journal.
3.11 Attendance at Meetings.
3.11.1 It shall be the duty of each member to attend all meetings.
3.11.2 The Board of Aldermen may compel the attendance of absent members in such
manner and under such penalties as may be provided by ordinance.
3.11.3 The Board of Aldermen by a unanimous vote of the other members present may
expel a member from a meeting for disorderly conduct or violation of its rules.
3.12 Cancellation of Meetings.
3.12.1 Whenever there is no pertinent business to be considered by the board of
aldermen at a regular meeting, the Mayor may dispense with such meeting by so notifying each member or directing his staff to do so at least forty-eight (48) hours prior to the time set for such meeting.
13.12.2 Meetings may be rescheduled due to emergency situations or inclement weather
by the placement of a notification on the door of the meeting place. Also, any cancellation may be advertised on a local television city government channel.
3.13 Members of the public are invited to listen and observe all meetings. Except in instances when the Mayor and Board of Aldermen expressly invites public testimony, questions, comments, or other forms of public participation, no member of the public attending an open session may participate in the session.
3.14 The business of all regular meetings of the Mayor and Board of Aldermen shall be transacted in the following order:
(1) Call to Order
(2) Pledge of Allegiance
(3) Invocation
(4) Bills Paid
(5) Minutes
(6) Executive Sessions
(7) Mayor’s Comments
(8) Consent Agenda
(9) Public Hearing
(10) Appointments
(11) Aldermanic Comments
(12) Aldermanic New Business
(13) Committee Reports
(14) Officer Reports
(15) Director Reports
(16) Citizen Comments – 5 minutes per person/ 10 minutes per subject
3.15 Consent Agenda.
3.15.1 The Consent Agenda may certain times of a routine and non- controversial nature
which may include, but are not limited to the following: communications, memos and reports for information, resolutions, agreements, petitions, minutes, applications, approval of purchase requisitions.
3.15.2 The Consent agenda may be accepted by the consent of the Board of Aldermen by
a single vote without reading, unless a member of the Board of Aldermen should request the item be removed for further discussion. Any item pulled for discussion will be considered by the Board of Aldermen at the conclusion of the Consent Agenda.
3.15.3 Contracts with a value of Thirty Thousand Dollars or more ($30,000) shall be
placed on the regular agenda of Mayor and board for consideration.
3.16 The agenda of each meeting shall be prepared by the Mayor’s staff and shall be
delivered to members of the Board of Aldermen at least forty-eight (48) hours preceding the meeting to which it pertains. The agenda shall be available in the Mayor’s office on the Friday afternoon preceding each meeting of the Mayor and Board of Aldermen.
3.17 Introduction of New Business.
3.17.1 An alderman may request a subject matter be brought before the board at a future
work session as new business.
3.17.2 Matters raised as new business shall be referred to staff for a future work session
upon a favorable vote by a majority of the members of the board voting and present.
3.17.3 Upon request by the board, staff shall provide updates regarding the status of
matters referred as new business.
Section 4 Suspension and Amendment of These Rules:
4.1 Suspension of Rules: Any provision of these rules not governed by The City Charter or The City Code may be temporarily suspended by a vote of a majority of the Board of Aldermen. The vote of any such suspension shall be taken and entered upon the record.
4.2 Amendment of Rules: These rules may be amended, or new rules adopted, by a majority vote of all members of the Board of Aldermen, provided that the proposed amendment are new rules shall have been introduced into the record at a prior Board of Aldermen meeting.
Section 5 Motions:
5.2 Exact wording of motions and amendments is important for clarity and recording in the minutes. If it's a complex motion, the motion should be written down for the chair to read.
5.3 Robert's Rules of Order provides for four general types of motions that shall be
followed by the Board of Aldermen; main, subsidiary, incidental and renewal.
5.3.1 Main Motions bring before the board, for its action, any particular subject. Main
motions cannot be made when any other motions are before the group.
5.3.2 Subsidiary motions direct or change how a main motion is handled. These
motions include tabling, previous question, limit/extend debate, postpone to a definite time, refer to committee, amendment, and postpone indefinitely.
A. Tabling. Used to postpone discussion until the group decides by majority vote to resume discussion. By adopting the motion to "lay on the table", a majority has the power to halt consideration of the question immediately without debate. Requires a second, non-debatable, not amendable.
B. Previous Question or Close Debate. Used to bring the body to an immediate vote. It closes debate and stops further amendment. The formal motion is to "call for the question" or "call for the previous question," or simply, "I move to close debate." The motion requires a second, is not debatable and requires a majority vote.
C. Limit/Extend Debate. May be desired if the group has adopted a rule limiting the amount of time that will be spent on a topic, or if the group desires to impose a time limitation.
D. Postpone to a Definite Time. Similar to tabling, except that the motion directs that the matter will be taken up again at some specific date and time.
E. Refer to Committee. Directs that some other body will study the matter and report back.
F. Amendment. Used to "fine tune" a motion to make it more acceptable to the group. The amendment must be related to the main motion's intent and cannot be phrased in a way that would defeat the main motion. Two amendments may be on the floor at one time: the first amendment modifies the main motion, and the second amendment must relate to the first amendment. When an amendment is on the floor, only the amendment may be debated. The amendments are voted on in the reverse order in which they were made, as each amendment changes to some degree the intent of the main motion. As each amendment is voted on, an additional primary or secondary amendment may be introduced. Requires a second, debatable, majority vote.
G. Postpone Indefinitely. This motion effectively kills a motion, because, if adopted, a two-thirds vote is subsequently required to take the matter up again.
5.3.3 Incidental Motions. Incidental motions are housekeeping motions which are in
order at any time, taking precedence over main motions and subsidiary motions. These motions include point of order, parliamentary question, point of information, suspension of the rules and object to consideration of a question.
A. Point of Order. To bring to the group's attention that the rules are being violated. Members of the board do not need not to be recognized prior to making a point of order. This is not a motion, but requires the moderator to make a ruling as to whether or not immediate consideration is proper.
B. Parliamentary Inquiry. Not a motion, but a question as to whether an action would be in order.
C. Point of Information. A person may rise to offer information that is considered necessary for the group. This provision is not used to offer debate.
D. Suspension of the Rules. When matters are to be taken out of order, or a particular task can be better handled without formal rules in place, this motion can be approved by a two-thirds vote of the group. However, until the rules are restored, only discussion can occur; no decisions can be made. Second required, not debatable, not amendable.
E. Object to Consideration of a Question. When a motion is so outrageous, intended to distract the group from resolving legitimate business. The motion can be objected to and ruled out of order without debate. However, if the chair does not rule the motion out of order, a two-thirds vote of the group can block further consideration.
5.3.4 Renewal Motions. Once the group has taken action, renewal motions require the
group to further discuss or dispose of a motion. The motions include reconsider, take from the table and rescind.
A. Reconsider. When the group needs to discuss further a motion that has already been defeated at the same meeting. A majority of the board must approve taking additional time to debate the motion again. The motion can be made only by a person who voted on the prevailing side earlier on the question. The motion may be brought up again at a subsequent meeting. If the moderator believes that there is no indication that the group's wishes have changed, however, the motion can be ruled out of order, subject to an appeal from the decision of the chair.
B. Take from the Table. Unless the original motion to table directed that the motion be brought back at a specific date and time, a majority of the group must pass a motion to take from the table. Such a motion is non-debatable.
C. Rescind. When the group wishes to annul some action, a motion to rescind is in order at any time. If prior notice has been given to the group that this action will be considered, the motion to rescind can pass with a simple majority vote; however, if no prior notice has been given, the vote requires a two-thirds majority.
5.3.5 Questions of privilege are in order at any time and must be disposed of prior to
resuming discussion on the matter at hand. Questions of privilege include: fix the time for next meeting, adjourn, recess, point of privilege, and call for the orders of the day.
A. Fix the Time for Next Meeting. This is in order at any time, including when a motion to adjourn is pending. Second required, not debatable, amendable.
B. Adjourn. To bring the meeting to
a halt. Second required, not debatable, not amendable. Alternatively, instead
of a motion, the chair can ask if there is any further business. If no
response, the chair can say, "since there is no further business, the
meeting is adjourned."
C. Recess. A temporary break in the meeting; should state a time at which the meeting will resume. Second required, not debatable, not amendable.
D. Point of Privilege. A matter that concerns the welfare of the group. Can be raised even when another person is speaking. No second, not debatable, no vote required.
E. Call for the Order of the Day. A demand that the group return to the agenda. Can be taken when another person is speaking, no second required, not debatable, no vote required.
The Rules of
Procedure shall be effective from the date of adoption.
Adopted: Resolution 02-33, August 1, 2002
Amended: Resolution 02-43, November 7, 2002, to provide for pulled Consent Agenda items to be considered at the conclusion of the Consent Agenda, see Rule 3.15.2.