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Emmitsburg commissioners approve package of charter amendments on qualifications, vacancies, powers, penalties and appointments
Summary
The board adopted a series of charter amendments (Resolutions 26-08R through 26-13R) clarifying commissioner qualifications, vacancy-filling procedures, enumerated powers, maximum penalties, the office of vice president and hire/fire authorities for department heads versus subordinate employees.
On July 13 the Emmitsburg Board of Commissioners approved a package of charter amendments, adopting Resolutions 26-08R, 26-09R, 26-10R, 26-11R, 26-12R and 26-13R after separate public hearings and board discussion.
Town Attorney (S9) summarized each amendment during the hearings. Key changes the board adopted include:
- Resolution 26-08R: Removes language that made the board judge both election and qualifications, clarifying the board will judge qualifications only and adding that a commissioner under review may not vote on their own qualification (applies to residency questions).
- Resolution 26-09R: Establishes a process for filling vacancies that includes soliciting applications, holding public interviews within 45 days, and—if a majority cannot agree and more than 180 days remain before the next regular election—calling a special election; it also specifies that when a commissioner is elected mayor the next-highest vote-getter may fill that commissioner's seat for the remainder of the term under certain circumstances.
- Resolution 26-10R: Removes outdated or confusing items from the charter's enumerated powers list while retaining a general statement of authority consistent with state law.
- Resolution 26-11R: Raises the charter's maximum penalties for ordinance violations to match increased state-authorized caps; the attorney noted these are maximums only and do not mandate higher penalties for any specific ordinance.
- Resolution 26-12R: Adds the office of vice president of the board of commissioners to the charter (adopted with one recorded abstention; motion recorded as carrying 4-0-1).
- Resolution 26-13R: Narrows board-level hiring and firing to heads of charter- or ordinance-established offices (e.g., town manager, town planner, town clerk, accountant, operations specialist, director of public works, water and sewer superintendent) while allowing those department heads, with mayoral approval, to hire and fire subordinate employees.
Each amendment was presented at a public hearing with no public testimony; after board discussion the resolutions were adopted by voice vote (one amendment recorded with an abstention). The board instructed staff to implement the charter language changes and bring any technical corrections back for ministerial adjustments if needed.
