Pocomoke council approves charter amendment giving mayor tie-breaking vote after public hearing

The Pocomoke City Council on Monday completed a public hearing and voted to approve Resolution 2025R-7, a charter amendment that would give the mayor the power to break tie votes of the city council.

The resolution, read at the meeting as a second reading and public hearing item, amends the Pocomoke City Charter to add a provision that "the mayor shall have the power to break a tie in the case of a split vote of the city council." The measure also states the amendment would take effect on the fiftieth day after adoption, following published notice requirements under Maryland law.

The proposal drew discussion among council members about when the mayor should exercise such authority and how it would interact with existing quorum and voting rules. A council member noted that "usually a tie vote's a fail vote, but there could be times where action's needed," and said the amendment would cover situations where a council seat is vacant, a member is absent or must abstain for ethics reasons. City legal counsel explained that while the council could vote at the meeting, under the charter "you cannot take a favorable vote without a majority of the whole number of members elected to the council," meaning some tied or partial votes could still fail under the charter's majority requirement.

After discussion, a motion to approve Resolution 2025R-7 was made and seconded; members present responded "aye" and the motion was recorded as passed. Council members and staff noted that, because charter amendments require advertised public hearings, a failed vote could be reintroduced but would require additional public notice and cost.

The change aligns the mayor's tie-breaking authority with other mayoral powers discussed during the session, and supporters said it would help avoid impasses on time-sensitive matters. Opponents or hesitant members raised concerns about preserving the balance between mayoral and council authority and urged careful use of the new power.

Legal counsel advised the body about the 60-day rule for certain actions and the need for a full majority of the elected council for some favorable votes; those procedural caveats were discussed before the final voice vote.

Council indicated the amendment will take effect according to the resolution text if the recorded adoption is upheld.

The council closed the public hearing and adopted the resolution by voice vote.