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Charter Amendments - Ballot 2020
Charter Amendments on 2020 Election Ballot
Question A Charter Amendment - Council Non-interference
Question B Charter Amendment - Borrowing Limitations
Question C Charter Amendment - Council Member Vacancy
Question D Charter Amendment - County Executive Vacancy
Details Below. The County Council discussed which Charter Amendments to include on the ballot at their June 23 and June 30 meetings, which can be viewed here: June 23 meeting; June 30 meeting.
Question A - Council Non-interference
This Charter Amendment would amend the Frederick County Charter to require the County Executive to provide any information that is requested by an individual County Council member which is for the purpose of introducing and evaluating legislation or to engage in the review and monitoring of Government programs, activities, and policy implementation.
Background
Currently, the Frederick County Charter currently requires the County Council to act as a body. A majority of council members is required to request information from the County Executive and her staff. Under current practice, the County Executive provides information as requested by individual council members. Council members are able to request information for any reason, not solely for the review or monitoring of legislation of for implementing programs, activities, or policy implementation.
Supporters believe this ballot question allows individual Council Members to request and gather information without requiring a vote of the majority of the Council, thus allowing greater response to citizen inquiries and legislative information gathering.
Opponents believe this ballot question may unduly burden the County Executive and executive branch from responding to unnecessary or frivolous requests that were not supported by a majority of the Council.
Introduced By
Council Member Jessica Fitzwater
Charter Review Commission Vote
5-2 approval to include in Final Report (Walter Olson, Stephen Slater opposed). Workshop held on 12/11/19.
County Council Vote
6-1 (Council Member Steve McKay opposed).
Resolution #20-19
County Executive Position
Support
Question B - Borrowing Limitations
This Charter Amendment would amend the Frederick County Charter to reduce the percentage of assessable property the County can pledge from debt from 5 – 3 percent of assessable real property, and from 15 to 9 percent of assessable personal property.
Background
These changes were suggested by the County Finance Director to prevent the County from being able to borrow an excessive amount, which could endanger Frederick County’s credit and bond ratings, while still allowing the flexibility to deal with financial emergencies. This change will not reduce or harm the ability of the county to borrow money to build needed roads, schools, or other infrastructure. Instead, it decreases the debt limit to a reasonable level.
Supporters believe this ballot question will encourage the County to continue to be fiscally responsible, manage its debt well, and maintain its AAA bond rating, while at the same time maintaining flexibility for financial emergencies.
Opponents of this ballot question support the current rate and do not believe it will cause overspending or fiscal irresponsibility.
Introduced By
Frederick County Government Finance Director Lori Depies
Charter Review Commission Vote
7-0 approval to include in Final Report. Vote taken 11/18/19
County Council Vote
County Executive Position
Support
Question C - Council Member Vacancy
This Charter Amendment would amend the Frederick County Charter to provide that the County Council shall fill a vacancy on the Council by choosing one of three persons from a list submitted by the central committee of the same political party as the vacating member. If no list is submitted or the vacating member was not a member of a political party, the Council shall appoint a person it deems best qualified to hold office. If the Council fails to fill the vacancy within 45 days, the County Executive shall fill the vacancy by following the same procedure. All persons considered for appointment shall be presented to the public and shall be interviewed by either the Council or Executive, allowing for public comment, prior to appointment. If the vacancy occurs in the first year of the vacating member’s term, after a person is appointed to temporarily fill the vacancy, a special election will be held to elect and fill the vacancy for the balance of the term.
Background
Currently, vacancies on the County Council are filled through an appointment process to finish the unexpired term of the vacating Council Member. The remaining members of the Council must appoint someone within 45 days. If they do not fill the vacancy in that time, the County Executive must appoint someone. The appointee must reside in the Council district they represent and be of the same political party. If the central committee submits a list of candidates, the appointee must be selected from that list.
If the ballot question were approved, vacancies that occur within the first year of a term would be filled through a special election. Otherwise, a new appointment process would take place, which would include a public interview by either the Council or the Executive. The amendment also would increase the number of names submitted by the central committee from one to three.
Opponents of this ballot question support the existing process for filling Council Member vacancies. Concerns are that the recommended changes could effectively create a situation where there could be a person appointed properly and then in a short period of time, due to the timing of a special election, a different person elected. Such a situation could be disruptive to the continuity of county government.
Introduced By
Council Members Steve McKay and Kai Hagen
Charter Review Commission Vote
Rejected 3-4 (John Daniels, Paul Gilligan, Lisa Jaronsinski, and Stephen Slater opposed). Workshop held on 11/7/19. Final vote 12/11/19.
County Council Vote
4-3 (Council Members Jerry Donald, Jessica Fitzwater, M.C. Keegan-Ayer opposed).
Resolution #20-20
County Executive Position
Oppose
Question D - County Executive Vacancy
This Charter Amendment would amend the Frederick County Charter to provide a process to fill a vacancy in the position of County Executive. The County Council shall fill a vacancy of the Executive by choosing one of three persons from a list submitted by the central committee of the same political party as the vacating Executive. If no list is submitted or the vacating Executive was not a member of a political party, the Council shall appoint a person it deems best qualified to hold office. If the Council fails to fill the vacancy within 45 days, the Council shall appoint the County’s Chief Administrative Officer. All persons considered for appointment shall be presented to the public and shall be interviewed, allowing for public comment, prior to appointment. If the vacancy occurs in the first year of the vacating Executive’s term, after a person is appointed to temporarily fill the vacancy, a special election will be held to elect and fill the vacancy for the balance of the term.
Background
Currently, if the County Executive departs office before the end of the term, the County Council appoints a new Executive within 45 days. The appointee must be a member of the same political party, nominated by that party’s central committee. If the central committee does not nominate anyone within 30 days, the Council may appoint anyone from that party. If the Council does not make an appointment within 45 days, the central committee’s nominee becomes Executive. If the Executive who created the vacancy does not belong to a political party, the Chief Administrative Office will become Executive.
The amendment would increase from one to three the number of names the central committee must submit; require a special election if the vacancy occurs within the first year of a term; and if the Council fails to fill the vacancy, would appoint the CAO to fill the remainder of the term.
Opponents of the ballot question support the existing process for filling County Executive vacancies. Concerns are that the recommended changes could effectively create a situation where there could be up to three county executives in a short period of time, due to the timing of a special election. Such a situation could be disruptive to the continuity of county government.
Introduced By
Council Members Steve McKay and Kai Hagen: Vacancy within first two years of term
Council Member M.C. Keegan-Ayer: Appointed County Executive should be of same political party as departing County Executive (to align with provisions for County Council vacancies in Sec. 209 (b)):
Charter Review Commission Vote
Rejected, 3-4, the provision to include vacancies within the first two years of a term. (John Daniels, Paul Gilligan, Lisa Jarosinski, and Stephen Slater opposed.) Workshop held on 11/7/19; vote taken 12/11/19.
Approved, 7-0, to include in the Final Report a recommendation to require the appointed County Executive to be of the same party as the departing County Executive. Workshop held on 11/7/19; Approved by CRC for Final Report on 12/11/19.
County Council Vote
4-3 (Council Members Jerry Donald, Jessica Fitzwater, M.C. Keegan-Ayer opposed)
Resolution #20-21
County Executive Position
Oppose