After the public hearing specified in the preceding section, the county council may
decrease or delete any item in the budget except those required by the public general
laws of this state and except any provision for debt service on obligations then outstanding
or for estimated cash deficits. The county council shall have no power to change the
form of the budget as submitted by the county executive, to alter the revenue estimates
except to correct mathematical errors, or to increase any expenditure recommended
by the county executive for current or capital purposes. The adoption of the budget
shall be by the affirmative vote of a majority of the total number of county council
members established by this Charter on an ordinance to be known as the Annual Budget
and Appropriation Ordinance of Baltimore County. With respect to county borrowing
heretofore or hereafter approved by the voters as provided by section 718 of this article (notwithstanding any contrary provisions of borrowing ordinances
heretofore approved by the voters), the county council, at any time, or from time
to time, after adoption of the budget or amendments thereto as provided by section 716 of this article, shall adopt bond issue authorization ordinances authorizing the
issuance of bonds at one time, or from time to time, to provide the means of financing
capital projects included in the budget as amended to the extent the same are to be
financed from borrowing. All of said ordinances shall be exempt from the executive
veto. The Annual Budget and Appropriation Ordinance shall be adopted by the county
council on or before the first day of the last month of the fiscal year currently
ending, and if the county council fails to do so, the proposed budget submitted by
the county executive shall stand adopted, and funds for the expenditures proposed
in the current expense budget shall stand appropriated as fully and to the same extent
as if favorable action thereon had been taken by the county council.
(Bill No. 86, 1978, § 1; approved by voters Nov. 7, 1978; effective Dec. 8, 1978;
Bill No. 132, 1990, § 2; approved by voters Nov. 6, 1990; effective Dec. 7, 1990)
Annotation:
An amendment to this section was petitioned to referendum and approved by the voters
on Nov. 2, 1982; effective Dec. 3, 1982. The Court of Appeals of Maryland invalidated
this amendment as well as art. V, div. 5 and amendments to §§ 706 and 715 in the case of Griffith v. Wakefield, 298 Md. 381, 470 A.2d 345 (1982). The Court
held that the amendments were impermissible under Article 11-A, § 3 of State Constitution
providing that the County Council has full power to enact local laws of the county,
as the amendments provided for a complete and specifically detailed legislative scheme,
and as such, was an attempt to circumvent local legislative body and enact local law.
