Appendix A. RULES OF PROCEDURE FOR BALTIMORE COUNTY COUNCIL

Editor's note:
  Printed herein are the rules of procedure of the county council. History notes show the source of amendments. Except for the correction of obviously misspelled words, the rules are published as found in the 1978 Baltimore County Code, as amended, and all other changes are encased in brackets.

Rules of Procedure for Special Hearings

Whereas, the county council has adopted rules of procedure pursuant to the Charter for Baltimore County which directs the adoption of such rules; and

Whereas, it has been brought to the attention of the county council that such rules of procedure should be adopted at the first meeting of each legislative year as the rules of that body for such year.

Now, therefore, be it resolved by the County Council of Baltimore County, Maryland, that the rules of procedure adopted February 4, 1963 be and they are hereby adopted, subject to any amendment, as the rules of procedure for the calendar year 1979.

(Res. No. 48, 1979)

Agenda

Rule 1. Preparation of agenda. The council administrator shall prepare a written agenda for each legislative meeting or work session.

(Res. No. 10-13, 2013)

Rule 2. Agenda.

A.

Legislative meeting - contents of agenda. The agenda for a legislative meeting shall include the following:

1.

The numbers of all bills to be enrolled.

2.

The numbers and titles of all bills and resolutions to be introduced and the sponsor or sponsors of each.

3.

The numbers and titles of all bills and resolutions to be called for final reading and vote.

4.

The numbers and titles of all fiscal matters properly before the council for its consideration.

5.

Such miscellaneous business as may properly come before the council.

B.

Introductory matters.

1.

Filing deadline. A legislative agenda shall remain open until seven (7) calendar days prior to the legislative meeting day, and a councilmember shall have the right to place thereon any proper matter of business for introduction. Bills or resolutions to be included on the agenda for introduction shall be filed with the council administrator no later than 4:00 p.m. on the 7th day preceding the legislative meeting day. The administrator shall notify the councilmembers of all bills or resolutions that are timely filed.

2.

Additions. Once the agenda has been closed, it may be amended for additions only by an affirmative vote of the majority of councilmembers.

3.

Emergency session. In the case of a duly called emergency session, the 7-day period does not apply.

C.

Matters for immediate vote. Filing deadline. Fiscal matters and any item of business proposed for vote at a legislative meeting, that was not introduced at a prior legislative meeting, shall be filed with the council administrator no later than 4 p.m. on the deadline date established by the council for a legislative meeting date.

D.

Work session - contents of agenda. The council administrator shall prepare a written agenda for each work session which shall include the following:

1.

The numbers and titles of all bills and resolutions to be considered.

2.

The numbers and titles of all fiscal matters properly before the council for its consideration.

3.

Such miscellaneous business as may properly come before the council.

(Res. No. 10-13, 2013)

Rule 3. Notice of agenda. The council administrator shall provide a copy of an agenda to each councilmember at least five days prior to a regular meeting. Copies shall be made available to the public and press and posted on the council's internet website.

(Res. No. 10-13, 2013)

Order of Business

Rule 4. Order of business. The order of business at all regular monthly meetings and all legislative meetings shall be as follows:

A.

Invocation.

B.

Announcement of items of business not appearing on the written agenda.

C.

Approval of journal.

D.

Introduction of bills.

E.

Call of bills for final reading and vote.

F.

Fiscal matters for council approval.

G.

Miscellaneous business.

Rule 5. Order of business at special meetings. At all special meetings of the council called by the county executive or by five councilmen pursuant to the provisions of the Baltimore County Charter, the order of business shall be confined to that purpose for which the meeting was called. Such a meeting may, however, be open to the general order of business on motion duly made, seconded and carried.

The Chairman

Rule 6. Order and decorum. The chairman shall preserve order and decorum during the sessions of the council. He shall have general supervision of the county council chamber and over the corridors adjacent thereto. In case of any disturbance or disorderly conduct therein, he shall have the power to order any such place to be cleared.

Rule 7. Prerogatives. The chairman may speak on points of order in preference to other members. He shall decide on all points of order and his decisions shall be final unless upon an appeal therefrom it is reversed on a yea and nay vote by a majority of the members present. His title shall be called first whenever the roll of the county council is called, except upon final vote on a bill, in which instance the author of the bill shall be called first on the roll. He shall vote on all questions except on an appeal from his decision on a question of order.

Rule 8. Absence of the chairman. In the absence of the chairman of the county council, the secretary shall call the council to order and shall receive nominations and conduct an election for chairman pro tempore.

The Rights and Duties of Members

Rule 9. Procedure in debate. Every member desiring to introduce a bill, to present a petition or other matter, to make a report or a motion, or to speak on any matter, shall first gain attention of the chairman by raising his hand, and upon being recognized shall rise and address the chairman. He shall not proceed further until recognized by the chair. If two or more members seek recognition at the same time, the chairman shall determine which is entitled to the floor. With the consent of the chair, any member may address the council from the front of the chamber.

Rule 10. Order during debate. No member shall walk across the council chamber or converse privately while the chairman is putting any question or addressing the council. Nor shall he hold private conversation in such manner as to interrupt debate.

Rule 11. Hearing from public. Any councilmen shall have the right to introduce a member of the public to speak before the council on any matter pending before the council. Any member of the public present at a council meeting shall have the right to speak before the council only upon recognition by the chairman. Before recognizing such member of the public to speak, the chairman shall announce the name of the person seeking to speak and the subject matter. The chairman shall then recognize or refuse to recognize said person. Any member of the council may then object to such recognition or refusal of recognition and ask for a roll call vote of the members present. The vote of the majority shall rule.

Rule 12. Yeas and nays. At the request of any member, the vote on any question or motion shall be taken by yeas and nays entered in the journal.

Rule 13. Suspension of rules. These rules may be suspended in whole or in part by a vote of five members of the council, except where failure to observe the rules would be contrary to the requirements of the Charter or other law. A separate suspension of the rules shall be necessary for each proposition. In no case shall these rules be suspended for the purpose of amending or repealing them at the meeting at which the suspension is effective.

Rule 14. Repeal or amendment of rules. No motion, order, or resolution to repeal or amend a rule of the county council shall be considered or acted upon unless it shall have been submitted in writing to the council at least one week prior thereto, together with a written text of any proposed amendment.

Rule 15. Robert's Rules of Order. The rules of parliamentary practice and procedure as set forth in Robert's Rules of Order shall govern the county council in all matters not provided for in these rules.

Introduction of Bills

Rule 16. Introduction of bills. Subject to Rule 2, bills may be introduced by any member at any meeting on call of bills. A member may introduce a bill "by request," and on order of the council a proposed bill may be printed and may be set for a hearing. A bill as introduced shall be in the form provided for in Rules 18 through 22, inclusive. When a bill is introduced, the secretary shall certify the copy introduced and maintain a file on all such original bills. He shall cause copies thereof to be printed and made available to the councilmembers, the public and the press, and shall post the bill on the council's internet website.

(Res. No. 10-13, 2013)

Form of Bills

Rule 17. Heading. The heading of a bill shall be as follows:

COUNTY COUNCIL OF BALTIMORE COUNTY, MARYLAND

Legislative Session year, Legislative Day No.
(where applicable)

Bill No. (No. assigned by the secretary)

Introduced by Mr. (Member's last name)

By the County Council, (date)

A Bill

Rule 18. Title. The title shall be a succinct reference to the general subject of the bill.

Rule 19. Enacting clause. The enacting clause shall read, "Be it enacted by the County Council of Baltimore County, Maryland." The enacting clause shall appear following the title and shall not be repeated in whole or in part thereafter.

Rule 20. Numbering of sections. Sections of a bill shall be numbered in arabic numerals (for example, Section 1).

Rule 21. Numbering of lines. The lines of the text of a bill shall be consecutively numbered commencing at the top line of each page.

Consideration of Bills

Rule 22. Reprinting of bills. After introduction, a bill may be reprinted as amended. Amendments may be offered in printed, multilithed, mimeographed or typewritten form.

Rule 23. Reading of bills. There shall be a first reading and a final reading of each bill. On the first reading, a bill shall be read by number and title only when introduced and on final reading a bill shall at the request of any member be read once (and only once) section by section for amendment before vote on final passage, and, if amended, shall at the request of any member, be read as amended before vote on final passage.

Rule 24. Call of bills for final reading. On call of bills for final reading, bills eligible for passage shall be called in numerical order. Vote on final passage shall be on roll call by yeas and nays. The roll call on bills for final reading shall proceed by first calling upon the council chairman and then the other councilmembers in numerical order according to councilmanic district number subject to a rotation such that the first councilmember, not including the chairman, called upon to vote on the final reading of a given bill shall be the last councilmember called upon to vote on the final reading of the immediately succeeding bill eligible for passage.

(Res. No. 35, 1980)

Rule 25. Enrolled copy. After passage of a bill, the secretary shall promptly prepare an enrolled copy in printed or typewritten form which, when certified by the secretary shall be presented to the chairman who shall lay it before the council. On demand of two members of the council (but not otherwise) the enrolled copy shall be read for correction of errors in enrolling. The chairman, in legislative sessions, shall certify the enrolled copy (or such copy as corrected) as being the text as finally passed and the copy so certified by the chairman shall be conclusive evidence of the bill as enacted and such copies shall be maintained by the secretary in his office in an official file of Acts of the county council. On enrolling, the secretary shall have authority to correct obvious errors in section references and numbers and references to existing law, capitalization, spelling, grammar, headings and similar matters.

Motions

Rule 26. Statement of motions. When a motion has been made and seconded, the chairman shall state it, but it may be withdrawn by the mover.

Rule 27. Written motions. Any motion shall be reduced to writing if the chairman or any other member requests it.

Rule 28. Motions on question under debate. When a question is under debate, no motion shall be received but a motion—

A.

To adjourn or to adjourn to a certain time.

B.

To lay on the table.

C.

To close debate.

D.

To postpone to a certain time.

E.

To amend or to amend an amendment.

None of these motions shall be debatable except a motion to amend or to amend an amendment. A majority of members present shall be required for an adoption of any such motion, except that a vote of five members shall be required for the adoption of a motion to close debate. After adoption of a motion to close debate all incidental questions of order, whether on appeal or otherwise, shall be decided without debate. A motion to amend the title of a bill shall not be in order until the bill has been considered in full on call for final reading. A motion to strike out the enacting clause of a bill or to postpone indefinitely, shall not be in order.

Rule 29. Dilatory motions. The chairman shall not entertain a motion for a dilatory purpose.

Rule 30. Reconsideration. When a question has once been decided, a motion of reconsideration is in order if the bill, resolution, motion or matter upon which the vote was taken is still in the possession of the council. No motion for reconsideration is in order unless made on the same day on which the original vote was taken, or at the next regular meeting of the county council thereafter. The motion for reconsideration may be made by any member who voted with the majority on the original question, and it shall be reconsidered upon the majority vote of all members present and voting. No second motion to reconsider shall be entertained.

Rules of Procedure for Special Hearings

Rule 1. Each speaker shall come forth and state the following information:

A.

Name.

B.

Home address.

C.

Person or organization he represents, or that he is speaking as a private citizen.

D.

Whether he is speaking for or against the matter on hearing.

E.

Subject matter of his remarks.

Rule 2.

A.

Each speaker will be limited to five minutes.

B.

The councilmen may then ask brief questions.

(1998 Code, Appendix B)