RESOLUTION
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND
ADDING SECTION 32A, "RECALL" OF THE CITY CHARTER TO AUTHORIZE RECALL
OF ELECTED OFFICIALS UNDER CERTAIN CIRCUMSTANCES
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 does not contain any provision for the recall of elected officials; and
WHEREAS, the City Council deems it to be in the best interest of the City and its residents to amend the City Charter to authorize recall elections.
Section 1: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bowie, Maryland, that Sec. 32A of the Charter of the City of Bowie is added as follows:
Sec. 32A. RECALL.
REGISTERED VOTERS MAY FILE A PETITION WITH THE CITY CLERK FOR THE RECALL OF ANY COUNCILMEMBER OR MAYOR WITH NINE (9) OR MORE MONTHS REMAINING IN HIS OR HER TERM. A SPECIAL RECALL ELECTION SHALL BE HELD IF TWENTY-FIVE PERCENT (25%) OF THE REGISTERED VOTERS, WITHIN THE DISTRICT OF THE AFFECTED COUNCILMEMBER OR WITHIN THE CITY FOR COUNCILMEMBERS ELECTED AT LARGE OR THE MAYOR, HAVE SIGNED THE PETITION WITHIN THIRTY (30) DAYS OF ITS FILING. REGISTERED VOTERS ARE THOSE PERSONS QUALIFIED TO VOTE IN A GENERAL CITY ELECTION AS CERTIFIED BY THE BOARD OF ELECTIONS. THE SPECIAL RECALL ELECTION SHALL TAKE PLACE WITHIN THIRTY (30) DAYS OF CERTIFICATION OF THE PETITION.
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 Regular Meeting on the ____ day of December, 2003.
PASSED by the Council of the City of Bowie, Maryland at a Regular 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:
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Robert H. Levan, City Attorney