RESOLUTION
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND
AMENDING SECTION 15, “QUALIFICATIONS”, OF THE CITY CHARTER TO PROHIBIT A PERSON FROM SERVICE AS MAYOR WHO HAS BEEN CONVICTED OF A FELONY OR A MISDEMEANOR INVOLVING A CRIME OF VIOLENCE.

WHEREAS, pursuant to Md. Code Ann., Article 23A, §§ 11-18, the City Council of the City of Bowie, Maryland (hereinafter, “the City”) has the authority to amend the City’s Charter, in accordance with the procedures set forth therein; and

WHEREAS, the City Charter sets forth, in Section 15, “Qualifications”, the qualifications for service as the Mayor; and

WHEREAS, the City Council desires to add a qualification prohibiting a person from service as Mayor who has been convicted either of a felony, or a misdemeanor involving a crime of violence; and

WHEREAS, the City Council deems it to be in the best interest of the City and its residents to amend Section 15 to add this requirement as a qualification for service as the Mayor.

Section 1: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bowie, Maryland, that Section 15 of the Charter of the City of Bowie is amended as follows:

Sec. 15. Qualifications.

The Mayor shall be at least eighteen years of age, shall have resided in the City for at least two years immediately preceding the date of election, [and] shall be a qualified voter in the City AND SHALL NOT HAVE BEEN CONVICTED OF EITHER A FELONY, OR A MISDEMEANOR INVOLVING A CRIME OF VIOLENCE. The Mayor shall maintain a permanent residence in the City during his term of office.

Section 2: BE IT FURTHER RESOLVED that this Charter Amendment Resolution is adopted this ______ day of December, 2003, and that the amendment to the Charter of the City of Bowie, hereby proposed by this enactment, shall be and become effective fifty (50) days after its passage by the City unless petitioned to referendum in accordance with Article 23A, § 13, of the Annotated Code of Maryland within 40 days following its passage. A complete and exact copy of this Resolution shall be posted in the City Hall building for forty (40) days following its passage by the City. and a fair summary of the Charter Amendment shall be published in a newspaper having general circulation in the City not less than four (4) times at weekly intervals, also within the forty (40) days following it passage by City.

Section 3: BE IT FURTHER RESOLVED
that as soon as the Charter Amendment Resolution hereby enacted becomes effective, either as herein provided or following referendum, the Bowie City Manager shall send to the Department of Legislative Services, the following information concerning the Charter Amendment Resolution: (i) the complete text of this Resolution; (ii) the date of referendum election, if any, held with respect thereto; (iii) the number of votes cast for and against this Resolution by the Council of the City of Bowie or in a referendum; and (iv) the effective date of the Charter Amendment.

Section 4: BE IT FURTHER RESOLVED
that the City Manager of the City of Bowie, Maryland be, and hereby is specifically directed and instructed to carry out the provisions of Sections 2 and 3 as evidence of compliance herewith; and said City Manager shall cause to be affixed to the minutes of this meeting an appropriate Certificate of Publication of the newspaper in which the fair summary of the Charter Amendment shall have been published, and shall further cause to be completed and executed the Certificate of Effect.

INTRODUCED by the Council of the City of Bowie, Maryland at a Special Meeting on the ____ day of December 2003.

PASSED by the Council of the City of Bowie, Maryland at a Special Meeting on the ____ day of December 2003.

WITNESS: THE CITY OF BOWIE, MARYLAND

__________________________
Pamela A. Fleming, City Clerk

___________________________
G. Frederick Robinson, Mayor

APPROVED AS TO FORM
AND SUFFICIENCY:

______________________________
Robert H. Levan, City Attorney