Personnel
Section 33-64 Town Clerk
The Mayor, with the approval of the Council, shall appoint a Town Clerk. The Town Clerk shall attend the meetings of the Council and shall keep a full and accurate record of the proceedings of the Council. He shall be custodian of the official records (other than the records of the Treasurer and the Board of Registrations and Elections) of the Town and shall perform such other duties as may be required by the Mayor and Council. The Town Clerk may be the same person as the Treasurer. (Charter Resolution Number 7, November 16, 2005; Charter Resolution Number 1 August 21, 1963.)
Section 33-65 Town Attorney
The Mayor with the approval of the Council shall appoint a Town Attorney. The Town Attorney shall be a member of the bar of the Maryland Court of Appeals. The Town Attorney shall be the legal adviser of the Town and shall perform such duties in this connection as may be required by the Council or the Mayor. His compensation shall be determined by the Council. The Town shall have the power to employ such legal consultants as it deems necessary from time to time. (Charter Resolution Number 1, August 21, 1963, section 65.)
Section 33-66 Other Personnel
(A.) The council shall appoint an officer of the Town who shall hold the title of Town Administrator and shall have the powers and perform the duties as may be provided by this Charter and any applicable Ordinances of the Town. Neither the Mayor nor any member of the Council shall receive such appointment during the term for which he or she shall have been elected, nor within one year after expiration of said term.
(B.) The Town Administrator shall hold a baccalaureate degree from an accredited institution, and/or have a minimum of 4 years experience unless said educational requirement is waived by a unanimous vote of the Council, and he or she shall be chosen on the basis of his or her executive ability and administrative qualifications with special consideration being made for his or her actual education relating to, experience in, or knowledge of municipal government and personnel matters, grants and finances.
(C.) Notwithstanding any Ordinance to the contrary, the council shall appoint the Town Administrator to an indefinite term by a majority vote its members, and thereafter may suspend or remove him or her with or without cause by a majority vote of its members.
(D.) The Town Administrator shall be considered subordinate to the council, and an at-will employee serving at the pleasure of the council. The Town Administrator shall receive such compensation as the council shall determine appropriate from time to time. The position will have a 1 year probationary period with 2 evaluations during that period to be performed by the Mayor and approved by the Council.
(E.) The duties and powers of the Town Administrator shall be as follows:
(1.) Serve as the personnel officer of the Town and, in this capacity, formulate personnel rules and regulations to be approved by the Mayor and Council. The personnel rules and regulations shall include a pay schedule for each position in the Town service, designation of a classification service to be included in any merit system established by the Council, and position descriptions for all employees. Department heads shall be recommended by the Town Administrator for appointment by the Mayor with approval of the council. Subordinate officers and employees shall be recommended for employment or removal by the Town Administrator to the Mayor. The Town Administrator shall inform the Council of any change in the status of career service employees and may make recommendations as he or she feels necessary to implement the personnel system and assist the Mayor with administering the budget.
(2.) Attend all meetings of the Town Council unless excused; take part in the discussion of all matters before the Council; and report verbally or in writing to the Council at its regular meeting the condition of the Town, all major administrative actions, and any recommendations for Council action that would improve or maintain the good health, safety, welfare, or administration of the Town. The Town Administrator may report such matters to the Council more frequently than at each regular Council meeting.
(3.) Investigate the affairs of the Town or any Town department and report to the council any deficiencies. Investigate all complaints in relation to the administration of town government and in relation to services provided by the officers and employees of the Town. Assist the mayor in insuring the faithful observance of all permits, franchises and privileges granted by the Town.
(4.) Assist the Mayor in the enforcement of all terms and conditions imposed in favor of the Town in any contract or franchise, and upon knowledge of any violation thereof, report the same to the council for such action and proceedings as may be necessary to enforce the same.
(5.) Perform such other duties and functions as may be directed by resolution or ordinance.
(F.) ANY VACANCY IN THE OFFICE OF TOWN ADMINISTRATOR SHALL/MUST BE FILLED WITHIN 90 DAYS AFTER THE EFFECTIVE DATE OF SUCH VACANCY OR THIS RESOLUTION.
(G.) EXCEPT FOR PURPOSES OF INQUIRY ONLY, IN CASES REGARDING EMERGENCY PROCUREMENTS GOVERNED BY ORDINANCE, OR WHERE SPECIFICALLY AUTHORIZED IN WRITING BY THE MAYOR OR BY RESOLUTION OF THE COUNCIL, INDIVIDUAL MEMBERS OF COUNCIL OTHER THAN THE MAYOR, SHALL INTERACT OR CONDUCT BUSINESS WITH ALL OFFICERS AND EMPLOYEES OF THE TOWN THAT ARE SUBORDINATE TO THE MAYOR SOLEY THROUGH THE MAYOR AND NO MEMBER OF COUNCIL APART FROM THE MAYOR SHALL GIVE ORDERS OR ISSUE COMMANDS TO ANY SUBORDINATE OF THE MAYOR EITHER PUBLICALLY OR PRIVATELY. (Charter Resolution Number 1, August 21, 1963, section 66.)
Section 33-67 Merit System
The Mayor and Council may provide by ordinance for a merit system for Town employees. (Charter Resolution Number 1, August 21, 1963, section 67.)
Section 33-68 Retirement System
The Town shall have the power to do all things necessary to include its officers and employees, or any of them, within any retirement system or pension system under the terms of which they are admissible, and to pay the employer's share of the cost of any such retirement or pension system out of the general funds of the Town. (Charter Resolution Number 1, August 21, 1963, section 68.)
Section 33-69 Compensation of Employees
The compensation of all officers (except the Mayor and Councilmen) and employees of the Town shall be set from time to time by a resolution passed by the Council. (Charter Resolution Number 1, August 21, 1963, section 69.)
Section 33-70 Employees' Benefit Programs
The Town is authorized and empowered, by ordinance, to provide for or participate in hospitalization or other forms of benefit or welfare programs for its officers and employees, and to expend public monies of the Town for such programs. (Charter Resolution Number 1, August 21, 1963, section 70.)
Section 33-71 Conflicts of Interest
(a) Restriction. No person shall hold more than one Town office or position at any one time (excepting the Treasurer may be appointed as Town Clerk) nor shall any person holding any Town office or position have outside business interests in commercial or other enterprises doing business with the Town. For the purposes of this Section, Town office or position shall mean all elective, or appointive positions in the Town with no distinction made between paid or unpaid offices or positions.
(b) Penalty provisions. Any person who by himself or with others wilfully or corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars (100.00), or by imprisonment for a term not exceeding thirty days, or by both such fine and imprisonment. Any person who is convicted under this section shall for a period of five years be ineligible for appointment to or employment in a position in the Town service, and shall, if he be an officer or employee of the Town, immediately forfeit the office or position he holds. (Charter Resolution Number 1, August 21, 1963, sectin 71.)