Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland
21727
240-629-6300

Article III: MAYOR

Section 1: Election and Term*.

The Mayor shall be elected as hereinafter provided. The term of the Mayor elected to office in the year 2002 shall be for three (3) years and shall expire on the evening of the first Monday in May 2005.The term of the Mayor elected in 2005 shall be for three years and five months and shall expire on the first Monday in October of 2008.  Thereafter the Mayor shall hold office for a term of three years l, or until his or her successor is elected and shall qualify.  The Mayor's term shall expire on the evening of the first Monday in October of each third year after the regular election. 

 *Amended 3-3-86 See Resolution # 86-2; 
   Amended 11-2-98 See Resolution # 98-17
   Amended 10-6-03 See Resolution #2003-005R

Section 2: Qualifications and Salary.

The Mayor must be a legal resident of Emmitsburg, Maryland, for at least two years immediately preceding his election and shall be a qualified voter. He shall receive such salary as specified by ordinance, but it may not be raised or diminished during his term of office. The Mayor shall reside in the town during his term of office and his removal of his residence from the town during his term, shall immediately vacate his office. If this should happen, the President of the Board of Commissioners shall be acting Mayor, as set forth in Article II, Section 15.

Section 3: Powers and Duties*.

  1. Generally. The Mayor shall see that the ordinances of the town are faithfully executed and shall be the Chief Executive Officer. The Mayor shall be responsible for the administration of the town's affairs to the Board of Commissioners and to the voters of the town. He may call upon any officer or employee of the town, entrusted with receipt and expenditure of public monies, for a statement of his account, as often as he may think necessary. When required by the Commissioners, the Mayor shall report in writing the general state of the town, and at any time may recommend any matters as he may think will promote its interest.

  2. Approval or Veto of Legislation. The Mayor shall approve or disapprove every order, resolution, or ordinance passed by the Board of Commissioners. Every order, resolution, or ordinance passed by the Commissioners shall be submitted by them to him immediately after its passage at a public meeting, and within ten calendar days after the date of the meeging at which the action was passed he shall thereon.   If he shall approve or fail to act on it within the ten day deadline, it shall become operative and effective, which fact shall be endorsed by Town Clerk. If the Mayor shall veto any order, resolution, or ordinance he shall notify the Town Clerk of that fact and transmit his reasons for such action in writing to the Commissioners at their next regular meeting; and such order, resolution, or ordinance shall not become operative or effective unless passed over his veto within thirty (30) calendar days of the date on which the mayor exercised the veto by an affirmative vote at least four (4) members of the Boardof Commissioners.  The mayor may withdraw his veto at any time during the period of thirty calendar days after vetoing an action of the Board of Commissioners, in which case the action shall be deemed to have been approved by the Mayor.
     

  3. Appointment and Discharge of Officers and Employees. The Mayor, with the advice and consent of the Board of Commissioners, shall appoint all employees of all offices, departments, commissions, and agencies of town government as established by this Charter or by ordinance of the Board of Commissioners, unless otherwise provided in this Charter or unless otherwise provided in the town ordinance establishing the office, department, commission, or agency. If at any time the Mayor shall think that any person appointed to office by him shall be incompetent or unfaithful to the duties of his office, he shall file a written statement of charges against such person with the Commissioners, a copy of which shall also be sent to the persons charged, and if after fully hearing, a majority of the Board of Commissioners shall find the officer or employee unfaithful or incompetent, then the Mayor may dismiss such persons. The vacant position may then be filled by the Mayor with advice and consent of the Commissioners. All employees and officers shall serve at the pleasure of the Mayor, but may be discharged only as previously set forth herein.
     

  4. Miscellaneous Powers and Duties. The Mayor shall have such other duties and powers as are given to him by other Articles of this Charter and by ordinances passed pursuant to this Charter by the Board of Commissioners, such as, but not limited to, the financial supervision of the town and preparation of the budget.

*Amended 1-18-06 See Resolution #2006-02R

ARTICLE IV: REGISTRATIONS, NOMINATIONS, AND ELECTIONS

Section 1: Eligibility to Vote.

Every permit who is eligible to vote in state and county elections and who has resided in Emmitsburg for at least thirty days next preceding any town election and is registered in accordance with the provisions of this Charter shall be a qualified voter in this town. *Amended 9-09-74 See Resolution # 2-74

Section 2: Elections Generally*.

All elections shall be held by ballot or voting machine, and in such manner as shall from time to time be directed by ordinance. The Mayor, with the consent and approval of the Board of Commissioners, shall appoint judges of elections in accordance with the procedures which may be established by ordinance. Such judges shall conduct the elections and shall keep the poles open from 7:00 a. m. to 8:00 p. m. Registration with the Board of Supervisors of elections, Frederick County, Maryland, by a voter who resides in the Town of Emmitsburg, shall be deemed registered for the Town of Emmitsburg. An individual who wishes to vote shall register with the Board of Supervisors of elections of Frederick County in accordance with the regulations established for registration from time to time by the Board of Supervisors of elections of Frederick County. 
*Amended 12-4-95 See Resolution # 4-95; 
  Amended 8-4-97. See Ordinance # 97-07
  Amended 8-04-03 See Resolution #03-02R

Section 3: Nominations.

No nomination for office is required and any person desiring to run for office shall file a certificate of candidacy with the election officials herein provided no later than seven (7) business days prior to the date of the election. *Amended 12-4-95 See Resolution # 4-95

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