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Board of Appeals will ask Office of Law whether rules require County Council approval
Summary
Board members debated the meaning of Article 5, Section 501(c) of the Howard County Charter and agreed to request a written legal opinion from the Office of Law to determine whether the Board’s procedural rules must be approved by the County Council.
At the Aug. 15 work session the Board debated whether the Howard County Charter conditions the force of the Board’s rules on approval by the County Council. Chair Gene Ryan read the charter language aloud and said the provision is ambiguous when read in context of existing code. "The Board of Appeals shall have the authority to adopt and amend rules of practice governing its proceedings, which shall have the force and effect of law, but approved by legislative act," Ryan read and discussed.
Several members argued that a fuller legal reading is needed. One board member urged consulting the solicitor; another cautioned that reading the charter out of context could lead to conflicting interpretations. Mr. Sanders (staff) suggested obtaining a written opinion from the Office of Law. Board members agreed to provide the Office of Law a focused written directive outlining the questions they want answered before the next meeting.
