Article VII
Executive Departments

General Provisions

§ 1. General provisions: Executive power; Rules and regulations.

(a) Executive power of City.

Except as committed to the Board of Estimates, the executive power of the City is vested in the Mayor, the City Administrator, the departments, commissions and boards provided for in this article and the special officers, departments, commissions and boards that may be created by law.

(b) Rulemaking authority.

Subject to the approval of the City Administrator, departments acting through their directors, and commissions and boards, may adopt rules and regulations, not inconsistent with laws or ordinances, for the operation of their respective departments, commissions and boards as they may deem appropriate.

§ 2. General provisions: Powers and duties; Contracts.

(a) Powers and duties prescribed by ordinance.

Consistent with the Charter, and subject to the supervision of a superior municipal officer or agency, a department, officer, commission, board or other municipal agency provided for in the Charter shall perform additional duties and possess additional powers, as may be prescribed by ordinance.

(b) Execution of contracts.

All contracts on behalf of a municipal agency shall be executed on behalf of the City either by the Mayor, the City Administrator, or the head of the agency.

§ 3. General provisions: Bureaus and divisions.

(a) Establishment or abolishment.

(1) With the approval of the Board of Estimates, the City Administrator may establish and abolish bureaus and divisions within that {any municipal} department, commission, or board {(except as otherwise provided for the Department of Public Works)}.

(2) Bureaus in the Department of Public Works shall be established or abolished from time to time by an ordinance which shall have been recommended to the City Council by the Board of Estimates and shall have been duly passed by the City Council by a majority vote of its members and shall have been approved by the Mayor.

(b) Allocation of powers and duties.

Subject to the authority of the Board of Estimates, the City Administrator or the head of any department, commission, or board may assign among the bureaus or divisions in that department, commission, or board, duties and powers of that department, commission, or board. A board or commission may act under this subsection only by the majority vote of its membership.

§ 4. General provisions: Members of boards and commissions.

(a) Removal for nonattendance.

The Mayor, at will, may remove any member of a board or commission who shall fail to attend at least fifty percent of the meetings of that board or commission during any period of twelve consecutive months.

(b) Qualifications.

A member shall be qualified by personal background, education or experience to exercise the powers and perform the duties of the board or commission.

Members of boards and commissions established by the Charter shall not receive compensation unless it is authorized by the Charter.

§ 4.5. {Repealed by Res. 16-031, ratified Nov. 8, 2016.}

Department of Finance

§ 5. Department of Finance: Established.

There is a Department of Finance, the head of which shall be the Director of Finance.

§ 6. Department of Finance: Director.

(a) Duties; Qualifications.

The Director of Finance shall supervise and direct the Department. The Director shall have substantial experience in financial administration.

(b) Appointment; Term.

The Director shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

The Director's salary shall be set in the Ordinance of Estimates.

§ 7. Department of Finance: Deputy Director; Employees.

(a) Deputy – Appointment.

The Director shall appoint a Deputy Director of Finance pursuant to this section.

(b) Deputy – As Acting Director.

Whenever a vacancy shall occur in the office of Director, or whenever the Director shall be incapacitated or otherwise unavailable for duty for any cause, the Deputy Director appointed pursuant to this section shall be the Acting Director.

The Director may appoint such other employees as provided in the Ordinance of Estimates.

§ 8. Department of Finance: Budget preparation.

In accordance with rules established by the Board of Estimates, the Department shall prepare the preliminary operating budget for the consideration of the Board of Estimates, shall make reports and recommendations on the capital budget and capital improvement program, and shall otherwise participate in the making of the proposed Ordinance of Estimates.

§ 9. Department of Finance: Budget administration.

Under the direction of the Board of Estimates, the Director shall implement the Ordinance of Estimates. In the interest of economy and efficiency, the Director shall survey the administration and organization of municipal agencies to support the Director's recommendations to the Board of Estimates on the budget requests of the agencies and the Director's reports to the Mayor on measures which might be taken to improve the organization and administration of City government.

§ 10. Department of Finance: Disbursements related to salary or compensation.

The Department shall have general supervision and charge over all payments and disbursements made by the City and related to salary or compensation earned by municipal officers or employees of the City and no such payment or disbursement may be made by the City without the approval of the Department.

§ 11. Department of Finance: Accounting.

(a) In general.

(1) The Department shall keep all general accounts of the City, prepare the City's financial statements, and maintain an adequate system of accounting that, at all times, reflects the actual financial condition of the City resulting from income accrued and liabilities incurred, property owned, and funded obligations, estimated revenue and authorized appropriations, cash received and disbursed, among other factors. The Department shall also maintain complete physical and cost records of all property owned by the City, including perpetual inventory records itemizing materials and supplies on hand.

(2) The Comptroller shall provide the necessary information to the Director at the frequency and in the format required by the Director, to enable the Director to perform the duties of the Department under this section.

(b) Agency oversight.

The Department shall supervise and direct the accounting and bookkeeping of all municipal agencies. After consulting with the City Auditor, the Director shall install, maintain and prescribe the accounts and financial records that municipal agencies must keep to assure proper accounting. The accounting methods that the Director prescribes and uses shall prevent, where possible, unnecessary and unlawful expenditures.

On a monthly basis, the Director shall submit general operating statements to the Board of Estimates and the Board of Finance. At least once annually, the Director shall submit to both these boards financial statements that include total municipal income and expenses and the City's assets and liabilities.

§ 12. Department of Finance: Collections, deposits, withdrawals, etc.

(a) In general.

The Director shall receive, collect, and account for all moneys due the City and deposit these moneys in depositories selected by the Board of Finance.

(b) Withdrawals.

The Director shall approve the withdrawal of City moneys from their depositories for the purpose of paying salaries or other compensation earned by municipal officers or employees of the City.

(1) In general.

Unless otherwise provided by this Charter or City law, all checks of the City made by the City and related to salary or compensation earned by municipal officers or employees of the City shall be signed by the Director or Deputy Director, and counter-signed by the Mayor, and by a person in the Department of Finance designated by the Director to sign as disbursing officer; such designation shall be made in writing by the Director and filed with all banks on which such checks are drawn. Any signature on checks of the City may be manual or facsimile.

(2) Form of signature.

Any signature on checks of the City may be manual fascimile.

(d) Local and state taxes.

(1) Collection of taxes.

In addition to collecting all taxes and assessments levied or made by the City, the Director shall collect such State taxes and perform such other duties for the State as may be prescribed by law. The salary provided the Director in the Ordinance of Estimates shall include compensation for collecting State taxes and such other duties as the Director may perform for the State.

(2) Tax bills.

After the levy of the full rate property tax has been made, the Director shall prepare the tax bills and shall have them ready for payment by the taxpayers on the first day of the fiscal year for which the levy is made or as soon thereafter as is possible. To encourage the payment of taxes prior to the date on which they become in arrears, the Department shall allow such discounts upon payment prior to such date as may be provided by law.

(e) {Repealed by Res. 00-010, ratified November 2000.}

§ 13. Department of Finance: Lien records.

(a) Keeping records; Issuing lien certificates.

The Department shall keep a record of all municipal charges and assessments and shall provide for the issuance of a lien certificate stating whether any, and, if so, what municipal charges or assessments exist against any particular property. The Department shall make such charge for the issuance of a lien certificate as may be fixed by the Board of Estimates.

(b) Contents of certificates; Charges constitute liens.

A lien certificate shall show all charges and assessments of every character due the City, including State and City taxes and special paving tax, water and sewer billings, street benefit assessments, minor privilege charges, charges for street, alley and footway paving, sewerage connections, nuisance abatements and other charges. All of the charges and assessments shall be liens, until paid, against the property named in the lien certificate; provided that no then existing charge shall be a lien against a property after the issuance of a lien certificate for that property unless that charge be shown on the lien certificate.

The Department shall maintain at all times tax lien records that record tax liens and all other municipal liens. The tax lien records shall show the location of the property, the character of the liens against the property, and the amount of the liens as of the date of recording. After a lien shall have been recorded in the tax lien records, it shall remain a lien until paid and no statute of limitations shall operate as a bar to the collection of the lien.

§ 14. Department of Finance: Notices of lien.

The Director shall provide notice of a lien to a property owner as provided by law.

§ 15. Department of Finance: Distraint or levy for taxes.

(a) Good or chattels – Notice of proposed sale.

Whenever the Director shall distrain or levy upon any goods or chattels in Baltimore City for nonpayment of any taxes, state or municipal, due by the owner thereof, before making sale of property so distrained or levied upon, the Director shall give notice as required by law, including notice by advertisement published twice a week for one week prior to the day of sale, and also on the day of sale, in three of the daily newspapers published in the City, that the Director will sell for cash, at public auction, to the highest bidder, on the day and at the time and place mentioned in the advertisement, the property therein specified, unless on or before the day of sale the entire amount of taxes for which such distraint or levy shall have been made, with interest thereon, and costs of making the levy and advertisement, shall be paid.

(b) Goods or chattels – Application of proceeds.

Whenever the Director shall sell any goods or chattels levied or distrained upon for taxes, state or municipal, in Baltimore City, after due advertisement as required in the preceding paragraph, the Director shall retain out of the proceeds of sale the amount of taxes due from the delinquent, for which the levy or distraint shall have been made, with interest thereon, and all costs incurred in making the sale, and shall pay over the surplus, if any, to the owner of the property so levied upon and sold.

All other sales of real or personal property, or interests therein, for nonpayment of taxes or other charges shall be conducted by such persons and in such manner as may be prescribed by law.

§ 16. Department of Finance: Taxes as personal debt and lien.

All taxes and charges in the nature of taxes shall be the personal debt of the person against whom they are charged and recoverable as such, and shall also become a lien against the property assessed in the manner and to the extent provided by law.

§ 17. Department of Finance: Purchasing.

(a) Central purchasing system.

The City shall have a centralized purchasing system, and the Department of Finance and all other municipal agencies shall cooperate fully to obtain the maximum benefits from this system.

(b) Department to procure or approve procurement; Competitive bidding.

(1) Procurement.

The Department shall procure, by purchase, lease or other acquisition, or shall approve the procurement of, all materials, supplies, and equipment, and all services, other than professional services, that municipal agencies use ("using agencies").

(2) Competitive bidding.

The Department shall insure that competitive bidding is used, and competitive prices are obtained, in purchasing these materials, supplies, equipment and services, to the fullest practicable extent.

(1) Standards.

Subject to the approval of the Board of Estimates, the Department shall adopt standards that prescribe when, and the manner and form in which, using agencies will submit estimates of their procurement needs, make requisitions, and enter into contracts.

(2) Rules and regulations.

In cooperation with the using agencies, the Department shall adopt rules and regulations for materials, supplies, equipment, and services required by the using agencies.

(d) Responsibility for storing, distributing, etc.

Unless special exception is made by resolution of the Board of Estimates, the Department shall be responsible for disposing of and reclaiming materials, supplies, and equipment purchased for municipal agencies.

(e) Exceptions.

(1) Public works.

Unless otherwise provided by the Board of Estimates, nothing in this section shall be construed to apply to public works done under contract, to records and briefs printed for the Department of Law, or to professional services.

(2) Accounts payable.

Matters of payments and disbursements related to procurement shall be managed by the Department of Accounts Payable in accordance with Article V, § 13 {"Department of Accounts Payable - General powers and duties."}.

(f) Board of Estimates to settle agency disputes.

In the event of a disagreement between departments, the Board of Estimates shall determine whether a proposed procurement is for public works, materials, supplies, equipment, services or professional services.

§ 18. Department of Finance: Registrar of debt; Custodian of funds and securities; Keeper of Seal.

(a) Registrar of debt; Custodian of funds and securities.

The Director shall be the registrar of the public debt and responsible for all moneys and securities belonging to the City including the actuarial retirement systems and shall provide for the safekeeping and transfer of stocks, bonds, and securities owned or held by the City or any agency thereof, provided, however, that the designation of depository institutions shall be as set forth in Article VII, Section 21(b).

To help the Director discharge the Director's duties as custodian of the moneys and securities of the actuarial retirement systems of the City, the administrators of those systems shall provide the Director with the financial information and assurances that he may request. The Director, acting under the supervision of the Board of Estimates, may contract with banks or trust companies that have appropriate charter authority to be custodians of cash and securities of the retirement systems. The Director shall have no personal liability for the performance, lack of performance, misfeasance or malfeasance of a bank or trust company so selected.

(b) Securities; Advancements.

The Director shall perform such duties relating to the stocks, bonds, and other evidences of indebtedness or securities issued by the City as may be directed by the Board of Finance. In exercising powers as the custodian of the moneys of the City, the Director may advance funds in the Director's custody for the discharge of obligations incurred in connection with projects for which bond issues of the City have been approved and moneys therefor appropriated, prior to the issuance of the bonds; provided that repayment of any advances shall be made out of the proceeds of sale of the bond issue concerned.

The Director or the Director's delegate, designated in writing by the Director, shall have charge of the corporate seal of the City and shall use it in all cases where the use of the seal is required by federal or State laws, ordinances, or the uses and customs of nations, and shall charge a fee as may be fixed from time to time by the Board of Estimates for each impression of the seal except such as shall be affixed to or impressed upon documents for the City.

Board of Finance

§ 19. Board of Finance: Established.

There is a Board of Finance, which shall advise the Department and exercise those powers and perform those duties provided by law.

§ 20. Board of Finance: Composition.

(a) Members; Salary.

The Board shall consist of five members: the Mayor, Comptroller, and three members who shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

City officials serving on the Board shall not receive any additional salary for such membership.

(b) President; Mayor's designee.

The Mayor shall serve as the President of the Board.

The Mayor may designate a representative to represent the Mayor in the Mayor's absence. In that event, the Board's Vice President shall exercise the powers of the Board President.

The Board shall designate a clerk to the Board who shall keep its accounts and a record of its proceedings.

§ 21. Board of Finance: Powers and duties.

(a) Evidences of indebtedness.

The Board, as authorized by law, shall issue and sell certificates of indebtedness of the City and shall determine all matters pertaining to the issuance and sale of certificates of indebtedness. Unless otherwise provided by ordinance, the Mayor and the Director or Deputy Director of Finance shall sign all certificates or other evidence of indebtedness of the City.

(b) Depositories of City funds.

The Board, shall select, from institutions that are chartered by the United States or Maryland, have authority to hold money on deposit, and are appropriately collateralized and insured, a depository or depositories for the funds of the City. The Board may designate, one or more of these depositories as institutions at which taxes and charges may be paid and receipts therefor on behalf of the Department may be given; and the Board shall fix the nature, amount, and the proper custodian of the security to be given by any such institution for the faithful performance of its obligations for deposits or collections.

No temporary loan shall be made by the City except upon the authorization of the Board, consistent with the Charter. Upon the authorization of such a loan, the Board is empowered to authorize the issue of negotiable, or non-negotiable, obligations of the City, including promissory notes.

(d) Sinking funds; Other duties.

The Board shall have charge, control and custody of all sinking funds of the City, and shall perform such other duties as shall be prescribed by the Charter or by ordinance.

Department of Law

§ 22. Department of Law: Established.

There is a Department of Law, the head of which shall be the City Solicitor.

§ 23. Department of Law: City Solicitor.

(a) Head of Department; Qualifications.

The City Solicitor shall supervise and direct the Department.

The City Solicitor shall be a member of the Maryland Bar, who has practiced the profession of law for not less than ten years.

(b) Appointment; Term.

The City Solicitor shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

The City Solicitor's salary shall be set in the Ordinance of Estimates.

§ 24. Department of Law: Powers and duties.

(a) Legal advisor.

The City Solicitor shall be the legal adviser and representative of the City and its several departments, officers, commissions, boards and authorities, and shall have general supervision and direction of the legal business of the City. Except as provided in subsection (c), no such agency or officer or any authority created in connection with municipal affairs shall have authority to employ or retain counsel other than the City Solicitor.

(b) Legal proceedings; Opinions and advice; Deeds, contracts, etc.

The City Solicitor shall have sole charge and direction of the preparation and trial of all suits, actions and proceedings of every kind to which the City, or any municipal officer or agency, shall be a party.

The City Solicitor shall give advice and opinions in writing upon any legal questions affecting the interest of the City which may be submitted in writing by the Mayor or the City Council, or any committee thereof, or the head of any municipal agency.

All deeds, bonds, contracts, releases and other legal instruments involving the interest of the City or to be executed or approved by the Mayor or other officer of the City before they are executed or accepted, shall be submitted to the City Solicitor and have endorsed upon them the City Solicitor's opinion as to their legal sufficiency.

The City Solicitor shall keep copies of all written opinions furnished by the Department of Law to the City or to any department or officer thereof, and also of all abstracts of title furnished to the City by the Department of Law.

(1) The City Council, Comptroller and, with the approval of the Mayor, a department, commission, board or other authority, may select outside counsel to represent it if:

(i) the City Solicitor gives it written notice that representation of it by the Department of Law involves an irreconcilable conflict of interest; and

(ii) the Board of Estimates authorizes the employment of outside counsel.

(2) The City Council also may employ legal counsel as provided in Article III, § 15 of this Charter.

§ 25. Department of Law: Staff; Other assistance.

(a) Deputy; Other employees.

The City Solicitor shall appoint a Deputy City Solicitor pursuant to this section and such employees as provided in the Ordinance of Estimates.

Whenever a vacancy shall occur in the office of City Solicitor, or whenever the City Solicitor shall be incapacitated or otherwise unavailable for duty for any cause, the Deputy City Solicitor appointed pursuant to this section shall be the acting City Solicitor, until the City Solicitor is again available for duty or the vacancy is filled.

(b) Additional assistance.

In connection with the examination of titles on behalf of the City or the representation of a City agency, the City Solicitor may employ, out of the funds appropriated by the Ordinance of Estimates to the Department for general expenses, or out of the proceeds of loans or other sums appropriated by the City, such assistance as the City Solicitor may deem advisable.

§ 26. Department of Law: Suits; Appeals.

The City Solicitor shall have authority to institute, defend or discontinue on behalf of the City, any suit, action, or proceeding in any local, State or federal court or tribunal, but no appeals on behalf of the City to the Court of Appeals, the Supreme Court of the United States, or the United States Court of Appeals shall be taken except upon the written order of the City Solicitor, or outside counsel employed pursuant to Section 24(c), approved by the Mayor.

Department of Public Works

§ 27. Department of Public Works: Established.

There is a Department of Public Works, the head of which shall be the Director of Public Works.

§ 28. Department of Public Works: Director.

(a) Head of Department; Qualifications.

The Director of Public Works shall supervise and direct the Department.

The Director shall have had substantial administrative experience in the construction and maintenance of public works, public improvements and the delivery of related public services or ten years experience as an engineer.

(b) Appointment; Term.

The Director shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

The Director's salary shall be set in the Ordinance of Estimates.

§ 29. Department of Public Works: Staff.

(a) Deputy; Other employees.

The Director shall appoint a Deputy Director pursuant to this section and such employees as provided in the Ordinance of Estimates, provided, however, that bureau heads in the Department of Public Works shall be appointed by the Mayor in the manner prescribed in Section 6 of Article IV and shall hold their offices as therein provided.

(b) Deputy as Acting Director.

Whenever a vacancy shall occur in the office of Director or whenever the Director shall be incapacitated or otherwise unavailable for duty for any cause, the Deputy Director shall be the Acting Director, until the Director is again available for duty or the vacancy is filled.

§ 30. Department of Public Works: Supervision of public works.

The Director shall supervise all public works in Baltimore City or elsewhere, made by or for the City or any municipal agency, that relate to the Department's powers under this Charter. All plans and specifications for these public works, including those involving engineering questions, shall be submitted to the Director for approval.

§ 31. Department of Public Works: Construction, maintenance, and repair.

Unless otherwise provided by this Charter, the Department has charge of the construction, demolition, alteration, operation and maintenance of all public works that relate to the Department's powers under this Charter.

§ 32. {Repealed by Res. 08-003, ratified Nov. 4, 2008.}

§ 33. Department of Public Works: Water supply.

The Department shall have charge of the water supply of the City and of all the properties, reservoirs, streams, pumping and filtration stations, pipes, apparatus and equipment appurtenant thereto and shall exercise all the powers and perform all the duties connected with the operation thereof and the supplying of water to the City.

§ 34. Department of Public Works: Sewage.

The Department shall have charge of the construction, operation and maintenance of all drains, sewers, and sewage disposal facilities, of the inspection or supervision of sewer or drain construction and repair work, and of waste disposal.

§ 35. Department of Public Works: Street cleaning.

The Department shall be responsible for cleaning the streets and for the collection, disposal and recycling of garbage, ashes, refuse, trash, and other waste matter, except as otherwise provided by law.

§ 36. {Repealed by Res. 08-003, ratified Nov. 4, 2008.}

§ 37. Department of Public Works: Testing.

At the request of a municipal agency, the Department shall test materials and supplies purchased or used by the agency.

§ 38 to 40. {Repealed by Res. 08-003, ratified Nov. 4, 2008.}

§ 41. Department of Public Works: Correcting physical obstruction.

(a) Correction required.

Any person who has, in, over, or under a public street in Baltimore City, any building, structure, conduit, drain, main, pipe, track, work, or other physical obstruction that blocks or impedes the work of the Department shall, on reasonable notice from the Department, promptly shift, adjust, or remove it, at that person's expense, to fully meet the exigencies described in the notice.

(b) Condemnation.

The City is empowered, when the exigencies of the Department's work require, to secure the condemnation of the physical obstruction as provided in Article II of this Charter.

§ 42. Department of Public Works: Assistance to other agencies.

On the request of the head of a municipal agency, the Director shall:

(1) supply estimates of the cost of work proposed to be done for that agency during the next fiscal year; and

(2) perform services for the municipal agency of the same general character as those carried on by the Department, the cost of which shall be charged to the agency requesting the services and shall be paid out of the funds appropriated to it.

§ 43 to 46. {Repealed by Res. 08-003, ratified Nov. 4, 2008.}

Fire Department

§ 47. Fire Department: Established.

There is a Fire Department, the head of which shall be the Chief.

§ 48. Fire Department: Chief.

(a) Head of Department.

The Chief of the Fire Department shall supervise and direct the Department.

(b) Appointment; Term.

The Chief shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

The Chief shall be paid a salary as provided in the Ordinance of Estimates.

(d) Staff.

The Chief may appoint such employees as provided in the Ordinance of Estimates.

§ 49. Fire Department: Board of Fire Commissioners – Established.

There is a Board of Fire Commissioners, which shall advise the Chief and exercise those powers and perform those duties provided by the Charter.

§ 50. Fire Department: Board of Fire Commissioners – Composition; Appointment; Terms.

(a) In general.

The Board shall consist of three persons, which number may be increased by ordinance to five, who shall be appointed, must be confirmed, and shall serve pursuant to Article IV, Section 6.

(b) President.

The Mayor shall designate one member of the Board as its President and may withdraw such designation and so designate another member.

§ 51. Fire Department: Board of Fire Commissioners – Powers and duties.

(a) Advise Chief.

The Board generally shall advise the Chief.

(b) Review disciplinary policies.

The Board shall review the disciplinary policies and practices of the Department and make appropriate recommendations to the Chief.

In giving advice, the Board may investigate all matters affecting the conduct of the Department.

(d) Appeal panels.

The Board may sit in panels of not less than two to hear appeals under the Fire Prevention Code.

§ 52. Fire Department: Board of Fire Commissioners – Retirement of employees.

As to employees not covered by the Employees' Retirement System or the Fire and Police Employees' Retirement System of the City, the Board may retire from office in the Department any permanent or call member thereof who has become permanently disabled, while in the actual performance of duties, from risks taken in the performance of those duties and not due to any wilful misconduct on the member's part, or who has performed faithful service in the Department for a period of not less than twenty consecutive years, or who may become unable to perform further service by reason of age or other physical or mental disabilities, and place the member so retired upon a pension roll. The amount of such annual pension to be allowed by the Board to each pensioner shall be equal to one-half the yearly salary received by members of the Department in active service in the same grade or occupying the same position as, or position most similar to, that occupied by the pensioner at the time of his retirement, payable in monthly installments. The Board may also provide for the relief of widows and children of members of the Department who may have been killed in the discharge of their duties or have died as a result of injuries sustained in the performance of their duties, provided that the injuries were caused solely by risks taken in the performance of their duties and not due to the wilful misconduct of the deceased.

The annual amount which shall be paid to the widows and/or to the children under the age of 18 years, of members of the Department who may have been killed in the discharge of their duties or have died as a result of injuries sustained in the performance of their duties shall be in the discretion of the Board, but shall not exceed the full amount of the yearly salary received by members of the Department in active service in the same grade and occupying the same position as, or position most similar to, that occupied by the deceased at the time of his death, payable in monthly installments.

The Board may also provide for the relief of unremarried widows, by marriages existing at the time of retirement or death, of employees of the Department who are not members of the Employees' Retirement System or the Fire and Police Employees' Retirement System who die, whether death occurs before or after their retirement, subject to the Ordinance of Estimates. The annual amount which shall be paid to such widow of such a deceased member shall not exceed fifty per centum (50%) of the yearly pension to which such deceased member would have been entitled to receive had that member lived and been retired under the provisions of this section.

The City Council may provide by ordinance a system of benefits payable to the unremarried widows and children under age 18 of persons who were employees or retired employees of the Department who were not members of the Employees' Retirement System or the Fire and Police Employees' Retirement System and who died or retired prior to June 7, 1963, subject to such exceptions, conditions, restrictions and classifications as may be provided therein.

§ 53. Fire Department: Arbitration for fire fighters and officers.

(a) Request for arbitration.

If the certified employee organization or organizations representing fire fighters and fire officers within the Fire Department and the employer have not reached a written agreement concerning terms and conditions of employment by March 1 of any year, either party may request arbitration by a board of arbitration, as herein provided, which request must be honored.

(b) Board of arbitration – Selection; Proceedings generally.

The board of arbitration shall be composed of three members, one appointed by the Mayor, and one appointed jointly by the certified employee organizations representing the fire fighters and fire officers involved. These members shall be selected within four days of the request for arbitration. The third member shall be selected within four additional days by the two arbitrators previously chosen and in accordance with the procedures of the American Arbitration Association from a list furnished by the Association. Such member selected shall act as chairman of the board of arbitration.

The board of arbitration thus established shall commence the arbitration proceedings within seven days after the chairman is selected and shall make its decision, by a majority vote, within fifteen days after the commencement of the arbitration proceedings. For good cause the chairman may extend the time requirement set forth herein.

Within three days after the selection of the chairman of the board of arbitration, the Labor Commissioner or his designated representative shall provide to each member of the board of arbitration and to all parties, a detailed itemization of the last proposal made by the respective parties during the negotiations.

(d) Considerations.

The board of arbitration shall identify the major issues in the dispute, review the positions of all parties and shall take into consideration wages, benefits, hours, and other working conditions of other fire department and public safety employees in Maryland as well as in comparable metropolitan political subdivisions in other states, and shall also consider the value of other benefits available to or received by other employees of the Mayor and City Council of Baltimore as compared with private sector employees in the metropolitan Baltimore City area and as compared with employees of other fire departments and other public safety employees. The board of arbitration shall further consider consumer prices for goods and services and other related items, cost of living data, and such other factors, not confined to the foregoing, which are normally utilized in the determination of wages and other benefits in the collective bargaining process and shall also take into account the financial condition of the City.

(e) Oaths, subpoenas, etc.

The board of arbitration shall have the power to administer oaths, compel the attendance of witnesses, and require the production of evidence by subpoena.

(f) Decision – In general.

The board of arbitration after hearing witnesses and considering and receiving such written evidence as may be submitted shall, by written decision, order the implementation, in its entirety, of the last proposal of one of the respective parties previously submitted in accordance with subparagraph (c) of this section.

(g) Decision – Implementation.

The decision of the majority of the board of arbitration thus established shall be final and binding upon the Mayor and City Council of Baltimore and upon the certified employee organizations involved in the proceedings. No appeal therefrom shall be allowed. Such decision shall constitute a mandate to the Mayor of Baltimore City in respect to such matters which can be remedied administratively by him, and as a mandate to the Board of Estimates and the City Council with respect to matters which require legislative action necessary to implement the decision of the Board of Arbitration.

With respect to matters which require legislative action for implementation, such legislation shall be enacted within forty-five days following the date of the arbitration decision.

With respect to salaries and wage scales, the amounts determined by the final decision of the Board of Arbitration shall be included in the proposed Ordinance of Estimates in accordance with Article VI, Section 4(a), shall not be reduced by the City Council in accordance with Article VI, Section 7(a), and shall be adopted by the Board of Estimates as the salary and wage scales for employees of the Fire Department in accordance with Section 12 of Article VI.

(h) Costs.

The cost of the arbitration proceedings provided for herein shall be borne equally by the parties involved.

Department of Health

§ 54. Department of Health: Established.

There is a Department of Health, the head of which shall be the Commissioner of Health.

§ 55. Department of Health: Commissioner.

(a) Head of Department; Qualifications.

The Commissioner of Health shall supervise and direct the Department.

The Commissioner shall have at least five years experience in public health work.

(b) Appointment; Term.

The Commissioner shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

The Commissioner shall be paid a salary as provided in the Ordinance of Estimates.

(d) Staff.

The Commissioner may appoint such employees as provided in the Ordinance of Estimates.

§ 56. Department of Health: Powers and duties.

The Department shall:

(a) cause all laws for the preservation of the health of the inhabitants of Baltimore City to be faithfully executed and exercise those other powers and perform those other duties that are prescribed by law.

(b) establish and implement policy for the treatment and prevention of physical and mental illnesses and for the education of the public with respect to environmental, physical and mental health.

(c) have general care of, and responsibility for, the study and prevention of disease, epidemics, and nuisances affecting public health.

§ 57. Department of Social Services: Established; Powers and duties.

There is a Department of Social Services, the head of which shall be the Director of Social Services.

The Director shall be appointed pursuant to, and shall exercise those powers and perform those duties prescribed by law.

§ 58. Department of Social Services: Social Services Commission.

(a) Established.

There is a Social Services Commission.

(b) Powers and duties.

The Commission has the powers and duties prescribed by law.

The Commission shall be composed of at least 9 but no more than 13 members, as specified from time to time by Ordinance of the Mayor and City Council.

Department of Education

§ 59. Department of Education: Established.

There is a Department of Education, the head of which shall be a Board of School Commissioners.

§ 60. Department of Education: Board of School Commissioners – Established, composition, etc.

(a) Composition; Appointment; Terms.

The Board of School Commissioners shall consist of nine persons, who shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

The terms of five members shall expire on the last day of the year in which the term of the Mayor begins pursuant to Article IV, Section 1, and the four year terms of four members shall expire two years thereafter.

(b) President.

The Mayor shall designate one member of the Board as its President, and may withdraw such designation and so designate another member.

The members of the Board shall be registered voters and residents of Baltimore City at the time, and during the term of their appointment.

(d) Political and religious ties disregarded.

Notwithstanding Article IV, Section 8, in the selection of the members of the Board and in their actions in the administration of the public schools, ecclesiastical and party ties shall not be regarded, so that the public schools may be entirely out of the field of political and religious differences and controversies.

§ 61. Department of Education: Board of School Commissioners – Powers and duties.

(a) Educational policies; Budget.

The Board shall determine educational policy for the Department, provide forums at which residents of Baltimore City can express their views about educational policy and decision making, submit the annual budget for the Department of Education, and exercise the other powers and perform the other duties prescribed by law.

(b) Superintendent.

Within 120 days of a vacancy in the position of Superintendent of Public Instruction, the Board, by a majority vote of its members, shall provide to the Mayor a list of candidates for the position. The Mayor shall select the Superintendent from the list. If the Board fails to provide a list within the 120 day period, the Mayor may select the Superintendent in the Mayor's discretion.

The Superintendent must be confirmed by the City Council pursuant to Article IV, Section 6(a). The Mayor, after consulting with the Board, may suspend, demote or dismiss the Superintendent at pleasure.

Upon nomination by the Superintendent, the Board may appoint such Assistant Superintendents as it shall deem necessary and advisable. Upon recommendation of the Superintendent, the Board, at pleasure, may suspend, demote or dismiss an Assistant Superintendent.

(d) Other professional employees.

The Board shall confirm or reject all nominations of principals, teachers, supervisors, directors, and other professional employees made to it by the Superintendent in accordance with the rules of the Board.

Professional employees include teachers, personnel concerned with the supervision, administration, and direction of the educational program and related services, other employees whose positions require a knowledge of and participation in the educational program, and any other employee considered a professional employee under State law.

The Board shall not confirm the appointment of any teacher whose name does not appear upon a graded list hereinafter provided for.

Any principal, teacher or other professional employee, below the rank of Assistant Superintendent, may be suspended, demoted or dismissed only for the reasons, and pursuant to the procedures, prescribed by State law.

(e) Other employees.

All secretaries, clerks and employees, other than professional employees, shall be appointed and may be suspended, demoted or dismissed by the Superintendent in accordance with the provisions of the Charter relating to the Civil Service.

(f) Site selection, school buildings, etc.

(1) Subject to the provisions of this Charter relating to the Planning Commission, the Board has the authority to select sites.

(2) All plans and specifications for school buildings, including changes in plans and specifications, shall be prepared under the direction of and approved by the Board. However, the plans and specifications shall also be submitted to the Director of General Services for the Director's approval.

(3) The Board also has the authority to maintain and repair all school buildings.

(g) Education supplies and equipment.

The Board shall determine the specifications for all educational supplies and equipment used by the Department, and all purchases for the Department shall be made by the Department of Finance in accordance with the procedure provided in Article VI; provided, however, that all tests of samples and analyses of bids for educational supplies shall be made by the Department of Education and a report thereon made by it to the Department of Finance.

(h) Transportation.

The Board shall have charge of the transportation of pupils, the maintenance and operation of the vehicles and equipment used for such purposes and the care, storage and distribution of supplies and equipment used by the Department of Education.

§ 62. Department of Education: Superintendent.

The Superintendent shall advise the Board, make recommendations to the Board about educational policy, implement educational policy that is set by the Board, and direct and supervise the Department of Education.

§ 63. Department of Education: Budget; Salaries.

(a) Budget.

In preparing its estimate of requirements for each fiscal year, the Board shall submit an estimate of its requirements during the ensuing year in the forms required by the Board of Estimates. Except with respect to salaries, provision for which is made in the next paragraph, the Board shall have the power to apply the funds appropriated for each of the above designated purposes among the several items making up to the total of the appropriation for that purpose, as it may determine.

(b) Salaries.

The salaries of the superintendents, assistant superintendents, directors, supervisors, assistant supervisors, principals, assistant principals, teachers, secretaries, clerks and employees shall be fixed by the Board, not to exceed in the aggregate the amount appropriated for such personnel in the Ordinance of Estimates; provided, however, that salaries of classified employees, whose classification is common to departments other than the Department of Education, shall not be fixed at a higher rate than is fixed for the same classification in other City departments, except with the approval of the Board of Estimates.

The Board, in submitting its budget each year, shall also include a maximum compensation scale for superintendents, assistant superintendents, directors, supervisors, assistant supervisors, principals, assistant principals, teachers and all other employees except those whose classification is common to departments other than the Department of Education, and no increase above the maximum scale shall be made during the ensuing year without the approval of the Board of Estimates.

§ 64. Department of Education: Graded lists; Employee duties.

The Board shall prescribe rules and regulations for the establishment by the Superintendent of graded lists of those qualified for employment as teachers and for the submission of these graded lists to the Board as vacancies occur. The names of those qualified for appointment as teachers shall be placed on the graded lists in the order of their relative qualifications, as ascertained by the Superintendent by competitive examinations.

All rules and regulations relative to the classification of professional employees and the establishment of graded lists shall be filed as a public record with the Department of Legislative Reference and no change in or amendment to these rules and regulations shall become effective until thirty days after such filing.

The superintendents, assistant superintendents, directors, supervisors, assistant supervisors, principals, assistant principals, teachers, secretaries, clerks and other employees shall perform such duties as may be prescribed by the Board not inconsistent with the provisions of the Charter.

Department of Recreation and Parks

§ 65. Department of Recreation and Parks: Established.

There is a Department of Recreation and Parks, the head of which shall be the Director of Recreation and Parks.

§ 66. Department of Recreation and Parks: Director – Appointment, etc.

(a) Head of Department; Qualifications.

The Director shall supervise and direct the Department.

The Director shall be qualified by personal background, education and experience to establish, maintain and operate parks and recreational facilities.

(b) Appointment; Term.

The Director shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

The Director's salary shall be set in the Ordinance of Estimates.

(d) Staff.

The Director may appoint such employees as provided in the Ordinance of Estimates.

§ 67. Department of Recreation and Parks: Director – Powers and duties.

The Director of Recreation and Parks shall have the following powers and duties:

(a) subject to the provisions of Article V relating to the acquisition and disposition of real property, to establish, maintain, operate and control parks, zoos, squares, athletic and recreational facilities and activities for the people of Baltimore City, and to have charge and control of all such property and activities belonging to, or conducted by, the City;

(b) to provide concerts, symphonies and other musical entertainment for the people of Baltimore City;

(d) subject to the provisions of Article V relating to the acquisition and disposition of real property, to rent for department use buildings and other places suitable for the conduct of the activities of the Department. The Director is hereby authorized and empowered, with the consent of any other municipal agency, to organize and conduct play and recreational activities on grounds and in buildings under the control of such other agency and on such conditions as may be agreed to by such other agency.

(e) to charge and collect fees for admission, services and the use of facilities, and rentals for the use of property controlled by the Department; provided, that no lease of such facilities shall be made for a period of thirty days or more (or for successive periods aggregating thirty days or more) without the prior approval of the Board of Estimates. All moneys collected by the Department shall be accounted for as the Director of Finance prescribes.

(f) to adopt and enforce rules and regulations for the management, use, government and preservation of order with respect to all land, property, and activities under the control of the Department. To carry out such regulations, fines may be imposed for breaches of the rules and regulations as provided by law.

§ 68. Department of Recreation and Parks: Board – Established; Duties.

There is a Board of Recreation and Parks, which shall advise the Director and exercise those other powers and perform those other duties prescribed by law.

§ 69. Department of Recreation and Parks: Board – Composition; Appointment; Terms.

(a) In general.

The Board shall consist of seven members, who shall be appointed from among those deemed most capable, by reason of character, education, intelligence, experience, and commitment to conservation and environmental protection, of promoting public recreation, parks, and music for the people of Baltimore City. The members must be confirmed, and shall serve, pursuant to Article IV, Section 6.

(b) President.

The Mayor shall designate one member of the Board as its president and may withdraw that designation and so designate another member.

Department of Planning

§ 70. Department of Planning: Established.

There is a Department of Planning, the head of which shall be the Planning Commission.

§ 71. Department of Planning: Commission – Composition; Appointment; Terms.

(a) In general.

The Planning Commission shall consist of nine members,

one of whom shall be the Director of Public Works ex officio,

one of whom shall be the Mayor of the City ex officio, and

one of whom shall be a member of the City Council ex officio, who shall be elected by that body, and

six of whom shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

The terms of three appointed members shall expire on the last day of the year in which the term of the Mayor begins pursuant to Article IV, Section 1, and the four year terms of three appointed members shall expire two years thereafter.

(b) President.

The Mayor shall designate one appointed member of the Commission as its President, and may withdraw such designation and so designate another appointed member.

The Mayor may designate a municipal officer or member of the Mayor's personal staff to attend meetings of the Commission and to vote thereon in the Mayor's place, and the Director of Public Works may delegate an employee in that department to attend any meeting of the Commission and to vote in the Director's place.

(d) Salaries.

Compensation for each of the members of the Commission, excluding those serving ex officio, except the member of the City Council, shall be set in the Ordinance of Estimates.

(e) Qualifications.

Each member of the Commission shall be a resident and registered voter at the time, and during the term, of appointment.

§ 72. Department of Planning: Commission – Powers and duties.

The Planning Commission:

(a) shall adopt rules and regulations to exercise the powers and perform the duties of the Department.

(b) shall meet regularly as the Commission may determine, and hold special meetings at the call of the President or upon the written request of three members.

(d) may, at its hearings, administer oaths and compel the attendance of witnesses.

(e) shall keep minutes of its proceedings and maintain a public record of its decisions, showing the vote of each member.

(f) shall investigate and study land uses, the development of subdivisions of land, and zoning within the City of Baltimore.

(g) shall adopt and revise a master plan for the proposed physical development of Baltimore City.

(h) before adopting or revising the master plan, shall hold a public hearing, reasonable notice of which shall be given in the neighborhood of the properties affected and by publication in a newspaper of general circulation in Baltimore City.

(i) shall consider, and may approve, if they are consistent with the master plan, among other things:

1. development plans

2. an enterprise or public or private improvement that requires a permit

3. urban renewal plans

4. plans for the subdivision and consolidation of public and private parcels of land.

(j) shall submit for the consideration of the Board of Estimates a recommended capital budget for inclusion in the Ordinance of Estimates, a recommended long-range capital improvement program, and a report explaining both, all of which shall be made public.

(k) shall issue a report and recommendation, which shall state the nature of the investigation made by the Commission, whether hearings were held thereon, reasons for the recommendation, and the number of members voting for or against it:

1. on every proposed amendment to the Baltimore City Zoning Ordinance referred to it; and

2. on the creation of, and proposed amendments to, an urban renewal plan.

(l) may report and submit to the City Council amendments to the Baltimore City Zoning Ordinance. Any such amendment shall be submitted only by resolution, adopted by the affirmative vote of two-thirds of the entire membership of the Commission.

(m) shall have reasonable access, through its agents and employees, to the plats and records of all other municipal agencies of the City and, subject to the approval of the Board of Estimates, may require the assistance of any other municipal agency of the City.

(n) may take such other actions, subject to the provisions of this Charter and law, that it deems necessary and appropriate to assure that development is well-planned, efficiently coordinated by the City, and consistent with the health, order, security, safety and morals of the inhabitants of Baltimore City, as well as the aesthetic and natural environment of the City.

§ 73. Department of Planning: Director and staff.

(a) Director – Appointment; Term.

The Mayor shall appoint a Director from a list of candidates provided by the Commission. If, within 120 days of a vacancy in the position of Director, the Commission fails, by a majority vote of its members, to provide such a list to the Mayor, the Mayor may select the Director in the Mayor's discretion.

The Director must be confirmed by the City Council pursuant to Article IV, Section 6(a). The Mayor, after consulting with the Commission, may suspend, demote or dismiss the Director.

(b) Staff.

The Commission shall also appoint such other employees (including part time consultants) for the conduct of the office of the Commission, as may be provided for in the Ordinance of Estimates.

The Director shall be qualified by personal background, education and experience to advance the development and planning of Baltimore City.

(d) Director – Salary.

The Director's salary shall be set in the Ordinance of Estimates.

§ 74. Department of Planning: Master Plan.

(a) Purpose.

The Master Plan shall be made for the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of Baltimore City to promote the health, order, security, safety, and morals of its inhabitants, and to preserve and enhance the aesthetic and natural environment of the City.

(b) Scope.

The Master Plan may consist of a series of component plans.

It shall show, among other things, the future general location and extent of all public improvements and enterprises, including among other things, the general location and extent of streets, highways, boulevards, viaducts, bridges, subways, tunnels and all uses of land for purposes of public transportation, and also the general location and extent of piers, wharves, docks and bulkheads, and buildings or structures thereon, whether publicly or privately owned or operated, and also the general location and extent of publicly owned places of recreation, such as playgrounds, squares, and parks, and all public buildings and other public property, including school buildings, and all existing and proposed zoning areas or districts, and all public utilities, services and terminals, such as water, gas, electricity, sewerage, telephone, telegraph and transportation, whether privately or publicly owned or operated.

After the adoption of the Master Plan, or any part thereof, by the Commission, the plan may be revised only by a resolution of the Commission, carried by the affirmative vote of not less than six members of the Commission, or by ordinance adopted by the City Council by the affirmative vote of not less than three-fourths of its members.

An original copy of the revision, duly signed by the President, or by the Mayor if made by ordinance, shall be filed with the Department of Legislative Reference.

(d) Conformity with Plan required.

No public improvement or enterprise, including, among other things, streets, highways, boulevards, viaducts, bridges, subways, tunnels or other uses of land for purposes of public transportation, and piers, wharves, docks, and bulkheads, and buildings or structures thereon, whether publicly or privately owned or operated, and publicly owned places of recreation, such as playgrounds, squares or parks, and public buildings, including school buildings, and public utilities, services or terminals, including gas, water, electricity, sewerage, telephone, telegraph or transportation, whether privately or publicly owned or operated, within the scope of the Master Plan shall be authorized or constructed in Baltimore City unless the location and grade thereof and, in cases of the use of land for purposes of transportation, the width thereof, shall be in conformity with the Master Plan and have been first approved by the Commission.

§ 75. Department of Planning: Subdivisions – In general.

The Commission shall publish rules and regulations for the development of subdivisions which will require that development plans include adequate provision for all public improvements, enterprises and all public utilities, whether privately or publicly owned or operated; for the proper width, grade and arrangement of streets, and all uses of land for public transportation, and the relation thereof to existing streets; for adequate and convenient open spaces for traffic and the access of fire fighting apparatus; for proper drainage; and which will require that all such subdivisions and the owners thereof comply in all respects with the Master Plan.

§ 76. Department of Planning: Subdivisions – Definition.

A subdivision plan shall mean a plan submitted by the owner of not less than one-third of the land included therein showing one or more new streets or parks, or showing the division of a lot, tract or parcel of land into two or more lots, tracts or parcels, or other divisions of land for the purpose, whether immediate or future, of sale or building development.

§ 77. Department of Planning: Subdivisions – Approvals.

(a) Commission approval required.

All plans for subdivision of land shall be filed for record with the Commission, and no permits shall be issued by any department of the City for any work of any character whatsoever, to be done in such subdivision of land, until the plan thereof shall have been approved by the Commission as in conformity with the rules and regulations formulated and published by the Commission.

(b) Deadline for decision.

In the event the Commission shall fail to approve or disapprove any such subdivision plan within thirty days from the date of submission thereof to the Commission, such plan shall be deemed to have been approved by the commission unless the applicant waives this requirement and consents to an extension of such period.

§ 78. Department of Planning: Subdivision regulation – Recording.

Every plat showing a subdivision plan shall be filed among the Land Records of Baltimore City and with the Department of Legislative Reference, but not until after the plan has been endorsed with the approval of the Commission and of the Department of Transportation.

§ 79. Department of Planning: Appeals.

Any applicant for a permit who is aggrieved by any decision of the Commission may appeal as provided by law.

§ 80. Department of Planning: Penalties.

Any person who shall violate any of the provisions or requirements of Sections 71 to 80 shall be guilty of a misdemeanor, and, upon conviction in any court of competent jurisdiction, shall be fined as provided by law. Every day that such violation continues shall be deemed a separate offense.

Department of Municipal and Zoning Appeals

§ 81. Department of Municipal and Zoning Appeals: Established.

There is a Department of Municipal and Zoning Appeals, the head of which shall be the Board of Municipal and Zoning Appeals.

§ 82. Board of Municipal and Zoning Appeals: Established; Composition, etc.

(a) Composition, appointment, terms, qualifications.

The Board shall consist of five members, at least one of whom shall be a lawyer, who shall be appointed, must be confirmed and shall serve pursuant to Article IV, Section 6 and State law.

Each member of the Board shall be a registered voter and resident of the City at the time, and during the term of, appointment.

(b) President; Salaries.

The Mayor shall designate one member of the Board as its President and may withdraw that designation and so designate another member.

The salary of the President and each member of the Board shall be set in the Ordinance of Estimates.

§ 83. Board of Municipal and Zoning Appeals: General powers and duties.

(a) Meetings; Minutes; Hearings.

The Board shall hold meetings at such times as it may by rule prescribe. Minutes shall be kept of all its proceedings, showing those present and their vote on each question submitted. These minutes and all other records of the Board shall be public records and kept at the office of the Board. All hearings held by the Board or its panels shall be open to the public.

(b) Rules of proceedings.

The Board shall adopt rules for the conduct of its proceedings, which may be modified or repealed by ordinance. The rules shall be in writing and when adopted shall be immediately filed in the office of the Board and shall be a public record. A copy thereof (and of any amendments thereto) shall also be filed with the Department of Legislative Reference.

The Board shall sit to hear zoning appeals. The hearing shall be conducted by all members present and if five members of the Board are present, the concurring vote of at least four members of the Board is necessary to reverse any order, requirement, decision, or determination of an administrative official, or to decide in favor of the applicant on any matter on which it is required to pass under a zoning ordinance or to effect any variation in such ordinance. If only four members of the Board are present, the concurring vote of at least three members is necessary to take any action under this subsection. In other cases, the Board may sit in panels of not less than two members each and, in such cases, the concurrence of at least two members shall be required to make a decision of the Board.

(d) Oaths and subpoenas.

The Board shall have power to administer oaths in hearings before it, to compel the attendance of witnesses and, pursuant to its rules, to require any person to answer in writing and under oath any interrogatories it may direct to such person as to any matter pending before it or subject to its action or review.

(e) Executive Secretary; Staff.

The Board shall appoint an Executive Secretary and such other employees as may be provided in the Ordinance of Estimates.

(f) Access to agency records.

The Board shall have access, through its agents and employees, to the plats and records of all other departments of the City.

§ 84. Board of Municipal and Zoning Appeals: Zoning appeals.

Appeals from the Zoning Commissioner shall be determined by the Board and shall be taken pursuant to law. Upon such appeals, the Board shall have such powers and be subject to such restrictions as may be provided by law. The Board, after public hearing, may grant special individual exceptions to the provisions of the zoning ordinances or regulations as provided by law.

§ 85. Board of Municipal and Zoning Appeals: Paving assessments.

(a) Appeal to Board.

Whenever the Department of Transportation levies an assessment or charge for the paving of a street, alley, or sidewalk under § 116 of this article, the owner of the property on which the assessment or charge is levied may, within 30 days of the mailing to the owner of a notice of the assessment or charge, bring the assessment or charge to the Board for its review.

(b) Decision.

On reasonable notice in accordance with its rules and this Charter, the Board shall:

(1) determine whether the assessment or charge is proper; and

(2) if not, set it at the amount that the Board determines to be proper.

§ 86. Board of Municipal and Zoning Appeals: Review powers conferred by law.

The Board shall have such additional powers to examine, review and revise acts or rulings of other departments and officers of the City affecting the construction, alteration, use or operation of land or buildings in the City or other charges as may from time to time be conferred upon it by law, but the powers conferred upon it in the Charter shall not be diminished or abridged by ordinance, nor may the Board be given power to review or alter determinations of the Planning Commission.

§ 87. Board of Municipal and Zoning Appeals: Additional powers conferred by law.

The Board of Municipal and Zoning Appeals shall have and exercise all the rights, powers, duties, obligations and functions conferred by law upon the Board of Zoning Appeals not otherwise conferred by the Charter on other agencies of the City and not inconsistent with its provisions.

§ 88. Board of Municipal and Zoning Appeals: Judicial review.

If any person, including the City and the Planning Commission, feeling aggrieved by any decision of the Board within thirty days of a decision by the Board, appeals therefrom to the Baltimore City Circuit Court, the Board shall forthwith transmit all papers, or copies thereof, to the court, certified by its executive secretary.

An appeal shall stay all proceedings in furtherance of the action appealed from. But whenever, in the opinion of the Board, such stay would cause imminent peril to life or property, or serious public inconvenience, it may ask the Circuit Court for an order vacating such stay. From the findings of the Circuit Court in such cases, there shall be such appeal, if any, as may be permitted by law.

§ 89. Board of Municipal and Zoning Appeals: Notices; Evidence.

(a) Notice of decisions.

Whenever the Board shall make a decision it shall give reasonable notice thereof by mail to all parties who, from the papers or testimony before it, seem to be parties in interest. But failure to give such notice or of a party to receive notice of an order within thirty days of its entry shall not invalidate the decision nor, save by petition to and special order of the Board, extend the time to appeal from the order.

(b) Evidence; Notices of proceedings.

Parties in interest who appear at a hearing before the Board shall be permitted to offer testimony pertinent to the issue or issues in which they are concerned, but the Board shall not be bound by the technical rules of evidence in force in the courts of Maryland, and may receive in evidence any paper, statement, record or other evidence, with or without prior notice to the parties, which it deems to be material and to have probative force.

Whatever record or notice of the proceedings or action of the Board is required by an act of the General Assembly to be given to any person or public officer shall be observed by the Board.

Department of Legislative Reference

§ 90. Department of Legislative Reference: Established.

There is a Department of Legislative Reference, the head of which shall be the Director of Legislative Reference who shall supervise and direct the Department.

§ 91. Department of Legislative Reference: Director – Nominating Board.

(a) Ad hoc board.

There is a{n ad hoc nominating} board of the Department of Legislative Reference, which from time to time shall be established pursuant to this section.

(b) Composition of board.

(1) The board shall be composed of 3 members. The Mayor, the President of the City Council, and the Comptroller shall each appoint 1 member to the board.

(2) The board shall be appointed without regard to political affiliation, and is not subject to the requirements of Article IV, § 8. {"Minority party representation"} of this Charter.

(3) No member of the board may be a City employee or an elected official other than a member of the judiciary.

(4) The board shall elect a chair from among its members.

(1) Whenever the Mayor and the President of the City Council find that the position of Director of Legislative Reference is vacant, the board shall be appointed within 6 weeks of that finding.

(2) The board shall be responsible for all activities by which candidates to fill the vacancy are solicited, investigated, interviewed, and recommended for appointment.

(3) The board shall recommend no less than 2, and no more than 3, candidates for appointment to the Mayor and the President of the City Council.

(4) Upon the appointment of the Director of Legislative Reference, the board shall be deemed dissolved and its work completed.

§ 92. Department of Legislative Reference: Director – Qualifications, Appointment, Removal, etc.

(a) Qualifications.

The Director shall have substantial experience in law, legislative drafting or library administration.

(b) Appointment.

Upon receipt of a recommendation by an ad hoc board of the Department of Legislative Reference pursuant to § 91(c) of this article, a Director may be appointed by the affirmative vote of both the Mayor and the President of the City Council.

The Director may be removed from office by the affirmative vote of both the Mayor and the President of the City Council.

(d) Salary.

The Director's salary shall be set in the Ordinance of Estimates.

§ 93. Department of Legislative Reference: Director – Powers and Duties.

The Director:

{(i)} {Legislative matters.}

shall investigate and report upon the laws of this and other states and cities relating to any subject requested by the Mayor, any committee of the City Council or the head of any department;

accumulate data in relation to the practical operation and effect of such laws;

investigate and collect all available information relating to any matter which is the subject of proposed legislation by the General Assembly of Maryland, or the City Council of Baltimore;

examine acts, ordinances and records of any state or city, and report the result thereof to the Mayor, any committee of the City Council or the head of any department requesting the same;

prepare or advise in the preparation of any bill, ordinance or resolution when requested so to do by any member of the City Council; and

preserve and collect all information obtained, carefully indexed and arranged so as to be at all times easily accessible to city officers and open to the inspection of the general public.

{(ii)} {Records and archives.}

shall keep all the books, documents, archives, records, official plats, papers and proceedings of the City except those in current use or whose custody the Board of Estimates shall by resolution otherwise direct or authorize;

carefully collect, arrange and safely keep a complete series of the ordinances, resolutions and proceedings of the City;

receive and keep all other documents pertaining to the City which the Director may deem of historic value or be instructed so to do by ordinance or by resolution of the Board of Estimates;

provide for the retention of such books, documents, papers, plats or archives in the Department, and provide for their inspection and reproduction by the public under such reasonable regulations and supervision as the Director may prescribe;

carefully prepare and keep an index of all books, papers, records and documents in the custody of the Department; and

keep a current separate index of all rules and regulations of other departments and agencies of the City.

{(iii)} {Staff.}

may appoint such employees as may be provided in the Ordinance of Estimates.

{(iv)} {Duties prescribed by law.}

perform such other duties as prescribed by law.

Civil Service Commission

§ 94. Civil Service Commission: Established.

(a) Appointment, term, qualifications.

There is a Civil Service Commission of three members who shall be appointed, must be confirmed and shall serve pursuant to Article IV, Section 6.

The terms of two members shall expire on the last day of the year in which the term of the Mayor begins pursuant to Article IV, Section 1, and the four year term of the third member shall expire two years thereafter.

Each member of the Commission shall be a registered voter and resident of the City at the time, and during the term, of appointment. All appointments to the Commission shall be made from persons friendly to the merit system of appointment to office. No one holding any public office of profit shall be appointed a member of the Commission.

(b) President.

The Mayor shall designate one member of the Commission as its President, and may withdraw that designation and so designate another member.

The Commission may appoint such employees as may be provided in the Ordinance of Estimates.

§ 95. Civil Service Commission: Powers and duties.

The Commission:

(a) shall advise the Mayor and Director on personnel matters.

(b) shall provide to the Mayor and City Council at least annually a report on the operations of the Commission.

(c) shall review and approve the different groupings of positions having similar duties, responsibilities and qualifications ("classifications") that are used by the Department.

(d) shall promulgate and make available to the public rules governing the operation of the Commission.

(e) shall review and approve, before they become final, and make available to the public, the rules of the Department.

(f) shall provide a hearing, on written request, to any non-probationary member of the Civil Service who has been discharged from the Civil Service, reduced in pay or position, or suspended for longer than 30 days. If the Commission finds that the intent and spirit of a provision of this Charter has been violated, it shall report its findings to the Mayor; and the appointing officer shall take whatever action the Commission directs to rectify the violation.

(g) may, if it determines after appropriate investigation, that any administrative head of the City, including any commission or board, or any officer having the power of appointment and removal in the Civil Service, has abused such power by making appointments or removals for any reason other than the good of the public service, so report to the Mayor.

(h) may appoint such hearing officers and other employees as provided in the Ordinance of Estimates.

(i) may, in the course of hearings, administer oaths, subpoena documents, summon witnesses, and examine witnesses; and may delegate these powers to a commissioner or hearing officer.

(j) shall render decisions within sixty days of the close of hearings unless the City employee and City both agree to an extension. If the Commission fails to decide within the sixty day time period, the decision of the hearing officer, if there is one, shall be deemed to be the decision of the Commission.

§ 96. Civil Service Commission: Department of Human Resources – Established.

(a) In general.

There is a Department of Human Resources.

(b) Purpose.

The Department shall:

(1) promote merit and fitness in City employment;

(2) ensure that appointments and promotions in the City's Civil Service are made, and that salaries are established, without regard to political affiliation; and

(3) promote the efficient delivery of services to the public.

§ 97. Civil Service Commission: Department of Human Resources – Powers and duties.

The Department:

(a) shall propose and submit to the Commission for final approval rules and regulations, including rules and regulations governing probationary status, temporary and emergency appointments, classifications, reclassifications, examinations, promotions, demotions, transfers, reinstatements, discharges, and other discipline of employees.

(b) shall propose and submit to the Commission for final approval the different classifications that are used by the Department. Such classifications shall assure that City employees are hired and promoted based on ability, efficiency, character, and industry ("merit"); and shall encourage the recruitment, training and supervision of qualified employees. Classifications may be grouped into categories, which may include a general category for employees who are hired or promoted based, in part, on the results of competitive or non-competitive examinations; a labor category for unskilled or skilled laborers; and other categories that the Commission may deem to be appropriate.

(c) subject to the exceptions in Section 99, shall assign to a classification each position in the City to which appointments are made. The Department shall not assign a position outside of the Civil Service without the approval of the Civil Service Commission. All the classified positions shall constitute the Civil Service, and appointments to positions in the Civil Service shall be made according to the rules of the Commission.

(d) shall provide for competitive examinations, non-competitive examinations, and other evaluative measures to assure that City employees are hired based on merit.

(e) shall provide for competitive examinations, non-competitive examinations, and other evaluative measures, including conduct in office, demonstrated capacity, and seniority, to assure that City employees are promoted based on merit.

(f) shall promptly certify to appointing officers lists of candidates eligible for employment within each classification. The Commission, by rule:

1. shall determine when certifications shall include, in rank order, those persons who have performed best on competitive examinations and when certifications should include persons whose fitness has been otherwise established;

2. shall determine when and how the appointing officer shall fill a vacancy or new position from the certifications; and

3. may provide that honorably discharged veterans of war, including disabled veterans, may receive special credits for their service to the United States in determining the qualifications and relative standing of applicants for City positions.

(g) shall establish a period of probation not exceeding one year during which the appointing officer may remove the employee at pleasure.

(h) shall propose to the Board of Estimates appropriate salaries and wages for each classification.

(i) shall, in conjunction with the employing department, recruit, train and counsel Civil Service members.

(j) may appoint such employees as provided in the Ordinance of Estimates.

(k) shall administer employee benefits and pre-employment screening programs as directed by the Board of Estimates.

§ 98. Civil Service Commission: Department of Human Resources – Director.

(a) Head of Department; Qualifications.

(1) The Director of Human Resources shall supervise and direct the Department.

(2) The Director shall have substantial experience in personnel administration.

(b) Appointment; Term.

The Director shall be appointed, must be confirmed, and shall serve, pursuant to Article IV, Section 6.

The Director shall be paid a salary as provided in the Ordinance of Estimates.

§ 99. Civil Service Commission: Civil Service positions.

(a) Positions included.

2. All employees of the City of Baltimore, except as otherwise provided by the Charter or State law, shall be members of the Civil Service, with the exception of:

a. elected officials and those employees whom the elected officials have designated as members of their personal staffs.

b. Assistant City Solicitors.

d. with the exception of the Director of the Department of Legislative Reference, directors, or by whatever other name the chief administrative officer may be known, and the deputy directors, of all departments of the City.

e. all members of boards and commissions.

f. all professional employees of the Department of Education.

g. persons in positions of temporary or seasonal employment.

h. persons who, in the judgment of the Civil Service Commission, exercise policy-making discretion or occupy a position of special trust and confidence that is inconsistent with membership in the Civil Service.

3. Any dispute about whether a position is within the Civil Service shall be finally resolved by the Commission.

(b) Reemployment of director or deputy.

Upon leaving a position of director or deputy director, one who relinquished Civil Service status to assume that position shall, on application and with approval of the Commission, be placed on the re-employment list for his or her former classification.

§ 100. Civil Service Commission: Discharges, etc.; Reductions in force.

(a) Discharges, suspensions, reductions in pay or position.

(1) No person may be discharged from the Civil Service, reduced in pay or position, or suspended because of political opinions or affiliations, or for refusing to contribute to any political fund or refusing to render any political service. But nothing in this Charter relating to the Civil Service forbids the discharge, reduction in pay or position, or suspension of an officer or employee for any just cause.

(2) Whenever a non-probationary employee is discharged, reduced in pay or position, or suspended for more than 30 days, the appointing officer shall furnish a copy of the order of discharge, reduction, or suspension, together with a statement of the reasons for the action, to the employee and to the Commission.

(3) The employee may contest the action by:

(i) requesting a hearing before the Commission; or

(ii) initiating a grievance pursuant to an applicable grievance and arbitration procedure, if any, contained in an applicable collective bargaining agreement.

(4) Once an employee has chosen to contest an action by electing one of the procedures specified in paragraph (3) of this subsection, the employee is bound by that election and may not subsequently choose to follow a different procedure.

(5) In all cases, except one in which an employee elects to contest an action through a grievance and arbitration procedure under paragraph (3)(ii) of this subsection, the Commission may, and on the written request of the employee, the Commission shall investigate the disciplinary action. If the Commission finds that the intent and spirit of the provisions of this Charter have been violated in the discharge, reduction, or suspension, it shall report its findings to the Mayor; and the appointing officer shall take whatever action the Commission directs to rectify the violation.

(b) Reductions in force – Reemployment preference.

Each person discharged for the purpose of reducing the force and without fault shall receive a certificate so stating and all persons so discharged shall be placed on the eligible list in the order of the length of their service in their classifications at the time of being laid off and in other classifications the civil service in which they may have served previously. The weight to be given to length of service in their last classification and in prior classifications shall be determined in accordance with the rules of the Commission. Persons so discharged shall have preference in the order of their seniority over others on the eligible list, subject, however, to the terms of the next subsection and to any priority to which any person may be entitled by virtue of any preference to veterans or their dependents.

In the case of classes of seasonal or part-time employees the Commission, after notice and a public hearing, may adopt rules excluding them from, or limiting the application to them of, the preference contained in the preceding subsection.

§ 101. Civil Service Commission: Roster of Service employees.

(a) Commission to keep; Contents.

The Commission shall keep in its office an official roster of the Civil Service, and shall enter thereon the name of every person who has been appointed, employed, promoted, reduced, transferred or reinstated in any Civil Service position.

This roster shall be open to public inspection at all reasonable hours, and shall show in connection with each name the date of appointment, employment, promotion, reduction, transfer or reinstatement and the compensation of the position, its title, the nature of the duties thereof and the date and cause of any termination of such office or employment.

(b) Reports to Commission.

It shall be the duty of each appointing officer to report to the Commission forthwith, upon the appointment or employment of any person in the Civil Service, the name of the appointee or employee, the title and character of the office or employment, the date of commencement of service, and to report the separation of a person from the service, or other change in status and other information that the Civil Service Commission may require in order to keep the roster.

It shall be unlawful, after notice from the Commission for the Department of Finance to pay any salary or compensation to any officer, clerk, employee or other person in the Civil Service whose name does not appear upon the roster as being in the employ of the City.

§ 102. Civil Service Commission: Political contributions.

No person in the Civil Service shall for any reason be under any obligation to contribute to any political fund, and no person shall knowingly, directly or indirectly, in person or by letter, request or solicit the payment of any political assessment, subscription or contribution from any person in the Civil Service.

§ 103. Civil Service Commission: Abolished positions.

Any person holding any position in the Civil Service which may be abolished by the adoption of any amendment to the Charter or in any other lawful manner, shall be placed upon the reemployment list for the classification to which the abolished position belonged in accordance with Sections 100 and 101; or if no position of the same classification as that of the position abolished shall remain in the Civil Service after the abolition of the position, the person shall be placed on the reemployment list for a position that, in the judgment of the Civil Service Commission, shall most nearly approximate the position abolished.

No position shall be deemed to be abolished by reason of being transferred or placed in or under a different municipal agency without substantial change in the nature of the actual duties of the position.

§ 104. Civil Service Commission: Penalties.

Any violation of any of the provisions of the Charter relating to the Civil Service, or any willful use of any corrupt means in connection with any examination, appointment, promotion, reduction, transfer or reinstatement shall be deemed a misdemeanor and, upon conviction in a court of competent jurisdiction, shall be punished by a fine or by imprisonment as provided by law.

Board of Ethics

§ 105. Board of Ethics: State Code requirements.

The Mayor and City Council of Baltimore shall adopt ordinances to execute the provisions of "the Maryland Public Ethics Law" of the Annotated Code of Maryland to be administered by the Board of Ethics.

§ 106. Board of Ethics: Established; Composition.

(a) Board established.

There is a Board of Ethics to be known as the Board of Ethics of Baltimore City.

(b) Composition.

The Board of Ethics shall consist of five members:

(1) Three members shall be appointed by the Mayor in conformity with Section 6 of Article IV of the Charter.

(2)(i) The Mayor and the City Solicitor are members ex officio with full voting powers.

(ii) The Mayor may designate a municipal official appointed by him under the provisions of Section 6 of Article IV of the Charter to serve in his position as a member with full voting powers.

(iii) The City Solicitor may designate a member of the Solicitor's staff to serve in his position as a member with full voting powers.

The City Solicitor and the Mayor or their designees on the Board shall only serve during the time that the Mayor or City Solicitor holds elected or appointed office.

§ 107. Board of Ethics: Member qualifications.

A person is eligible to serve as a member of the Board if:

(1) the person is of known personal integrity;

(2) the person possesses a recognized knowledge and interest in government and civics;

(3) the person is not required to file as a lobbyist under this article;

(4) except as provided in this subtitle of the Charter, the person is not an elected official, municipal officer, or municipal employee.

§ 108. Board of Ethics: Term, vacancies, chair, meetings, etc.

(a) Terms.

(1) The term of members appointed under the provision of Section 106 of this subtitle of the Charter is five years or until their successors are appointed and qualify.

(2) The terms of initial appointees shall be arranged so that no more than one shall expire in any year.

(b) Vacancies.

Any vacancy occurring on the Board shall be filled for the unexpired term in the same manner as the original appointment to the vacant office.

Members of the Board may be removed pursuant to the provisions of Article IV, Section 6 of the Charter.

(d) Chair.

The Mayor shall designate a member of the Board as chairman.

(e) Quorum.

(1) A quorum consists of three members.

(2) An affirmative vote of at least three members shall be necessary for any action of the Board.

(f) Compensation.

The members of the Board shall serve without compensation.

(g) Open meetings.

Except as provided in this article, meetings of the Board shall be conducted under the Meetings of Public Bodies provisions of the Annotated Code of Maryland.

(h) Records.

The records of the Board shall show the vote of each member on each question.

(i) Disqualification on candidacy.

A person shall not be a member of the Board if the member becomes a candidate for elected public office of the United States, the State, the City, or any county or municipality of the State.

§ 109. Board of Ethics: Powers and duties.

Powers, duties, administration, and other provisions relating to the Board of Ethics shall be set out in the ordinances constituting the Baltimore City Ethics Law.

§ 110. Chair: Powers and duties.

The Chair of the Board of Ethics shall have exclusive authority to select at random the 11 members of the advisory board to appoint the Inspector General, as described in Article X, Section 2 of this Charter.

In the event a vacancy occurs on the advisory board, the Chair shall be authorized to fill the vacancy through the process outlined in Article X, Section 2 of this Charter.

§ 111. Board of Ethics: Modification by ordinance.

The Mayor and City Council, by ordinance, may modify, amend, alter, clarify or implement any or all of the provisions of Sections 105 through 111 of this Article VII.

Development Commission

§ 111 to 113. {Repealed by Res. 00-010, ratified November 2000.}

Department of Transportation

§ 114. Department established.

There is a Department of Transportation, the head of which is the Director of Transportation.

§ 115. Director of Transportation.

(a) Duties; Qualifications.

(1) The Director shall supervise and direct the Department.

(2) The Director must have substantial administrative experience in transportation or in the delivery of related public service.

(b) Appointment; Term.

The Director shall be appointed, must be confirmed, and serves pursuant to Article IV, § 6 of this Charter.

The Director's salary shall be set in the Ordinance of Estimates.

(d) Employees.

The Director may appoint the employees provided for in the Ordinance of Estimates.

§ 116. Powers and duties of Department.

(a) In general.

Notwithstanding anything to the contrary in this Charter, the Department has the following powers and duties.

(b) Street construction and maintenance.

(1) The Department has charge of constructing and maintaining the streets of the City.

(2) The Department shall:

(i) prepare the plans and perform the work required by Ordinances for opening, extending, widening, straightening, grading, and closing any street in the City; and

(ii) prepare all Ordinances for the opening and closing of streets, attend the hearings on those Ordinances, and perform all administrative functions related to those Ordinances.

(3) Before paving or repaving a street, the Director of Transportation shall give notice in one or more daily City newspapers that, not less than 90 days from the first publication date, the Department will proceed with the paving or repaving and warning all persons to obtain permits for and to complete before that day all work that might involve the digging up of the street.

(4) The Director shall send a copy of this notice to all persons who the Director has reason to believe would be interested in receiving it, but failure to send the notice does not affect the validity of any action taken by the Mayor and the Director t pave or repave a street.

(5) No pavement laid after the publication of the notice may be dug up by any person without a permit issued by the Director. The Director has discretion to issue or withhold this permit, and may attach appropriate conditions and charges to the permit.

(6) Whenever an assessment or charge is to be made against a property for paving a street, alley, or sidewalk, the Department after giving the owner of the property involved due notice and an opportunity to be heard, shall fix the amount of the assessment or charge.

The Department has charge of the lighting of the City.

(d) Conduit system.

The Department may exercise all the powers and shall perform all the duties relating to the conduit system, and has charge of all property and equipment pertaining to that system.

(e) Approval of new streets.

(1) Any person who, in connection with any real estate development, wants to lay out, locate, or construct a street, public or private, within Baltimore City shall, before beginning construction and before selling any land abutting on the street, present to the Department a copy of the plat for the proposed development, as approved by the Planning Commission, showing in detail the proposed streets.

(2) If the plat is approved by the Department, the person shall:

(i) record a copy of the plat, with the endorsements of the Planning Commission and the Department on it, with the Clerk of the Circuit Court of Baltimore City; and

(ii) a certified copy of the recorded plat with the Department.

(f) Street names.

(1) New public streets may not be designated by names until the names have been approved by the Department and entered on the appropriate plats and records of the Department.

(2) If a private street is dedicated for public purposes and the dedication is accepted, or if the title to a private street is conveyed to the City, the Department shall give the street a name, by which it shall be known on all official records of the City.

(3) The name of a public street may not be changed except by ordinance or resolution of the Mayor and City Council

(g) Building numbers.

(1) The Department:

(i) shall determine and fix the number of every new building; and

(ii) may change existing numbers.

(2) The Department shall report each new number or change of number to the owner or occupant of the building.

(h) Street plats and plans.

The Department shall:

(1) adopt rules and regulations regarding plats and plans relating to the location of streets; and

(2) shall prepare these plats and plans as required by the Board of Estimates or by ordinance.

(i) Plats and records – Underground structures.

The Department shall maintain plats and records of tunnels, pipes, mains, sewers, conduits, and other underground structures, both public and private.

(j) Plats and records – Properties.

(1) The Department shall maintain adequate plats and other records of all parcels of real property within Baltimore City.

(2) These plats and records shall include:

(i) the ownership of each parcel; and

(ii) the symbol by which each parcel is identified.

(3) These plats and records shall be the official plats and records to be used by all municipal agencies to identify and determine the location of every parcel of real property within Baltimore City.

(k) System of uniform property identification.

(1) The Department shall maintain a system for the uniform identification of all real property within Baltimore City.

(2) The system shall identify each parcel of real property by a symbol. That symbol shall be used by every municipal agency to identify that parcel, until it is subdivided or the symbol is changed by the Department.

(3) The failure of the Department or of any other municipal agency to identify a parcel of property by its symbol does not affect the validity of any assessment or charge otherwise properly made.

(l) Additional powers and duties.

The Department has the additional powers and duties relating to the construction, reconstruction, and maintenance of streets, to transportation, and to traffic, including powers and duties transferred from other municipal agencies, as are prescribed by law.

§ 116A. Assessment of benefits and damages.

(a) Elements of enabling ordinance.

An ordinance to open, extend, widen, straighten, close, or grade any street, alley, or footway in Baltimore City may provide that the benefits assessed may be paid in not more than 5 annual installments, with interest at a rate determined just and proper by the Director of Transportation, with the concurrence of the Board of Estimates, on all deferred installments, accounting from the date that, under subsection (e) of this section, the first annual installment would become in arrears if unpaid.

(b) Notice to Finance, owner.

When the physical work required by the ordinance is completed:

(1) the Department of Transportation shall notify the Director of Finance that the work has been completed; and

(2) the Department of Finance shall give written notice to the property owner:

(i) that the work has been completed;

(ii) that the benefits assessed for the work are due; and

(iii) how the owner may obtain a hearing on the assessment.

If the ordinance does not provide otherwise, all benefits assessed shall be payable, at the option of the property owner, either at once or in 5 equal annual installments.

(d) Damages.

(1) If, in any proceedings, the same person is assessed for benefits and also awarded damages, the damages shall be deducted from the benefits, and the provisions of this section as to payment of benefits apply only to the excess of the benefits over the damages.

(2) The damages awarded to any person in connection with the project shall be payable at the time or times provided in the ordinance.

(3) No part of any street, alley, or footway may be physically opened, extended, widened, or straightened on or over the ground of any person determined by the Department of Transportation to be entitled to damages for the alteration without the written consent of that person, unless the damages have been paid to that person or paid into a special account to the credit of that person.

(e) Lien for benefits; Arrearage.

(1) An assessment by the Department of Transportation on benefitted property is a lien on that property, in the full amount of the assessment, from the date the Department of Transportation notifies the Director of Finance that the physical work required has been completed until the assessment is paid to the Director of Finance.

(2) Benefits assessed or, if payable in installments, the first installment, are due and payable on the date when the Director of Finance notifies the property owner of the assessment, and are in arrears 6 months from that date.

(f) Sale on default.

If the assessment on a property is in arrears, the Director of Finance shall proceed to sell that property in accordance with and subject to the same conditions imposed by the laws governing the sale of real estate charged with the payment of City taxes.

(g) Resale on purchaser's default.

If the tax-sale purchaser fails to comply with the terms of the sale, the Director of Finance shall resell the property at the risk of the former purchaser.

(h) Refunds of assessment.

If an ordinance providing for the opening, extending, widening, grading, or closing of a street, alley, or footway is invalidated by a court of competent jurisdiction or is repealed, the Director of Finance shall promptly:

(1) refund all assessments paid under the invalidated ordinance; and

(2) pay all expenses incurred, including reasonable attorney's fees, and for which the City is liable in carrying out the ordinance.

§ 116B. Correcting physical obstruction.

(a) Correction required.

(b) Condemnation.

The City is empowered, when the exigencies of the Department's work require, to secure the condemnation of the physical obstruction as provided in Article II of this Charter.

Compensation Commission for Elected Officials

§ 117. Definitions.

(a) In general.

In this subtitle, the following terms have the meanings indicated.

(b) Commission.

"Commission" means the Compensation Commission for Elected Officials.

"Compensation" means all salary and allowances paid to an elected official.

(d) Elected official.

"Elected official" means:

(1) the Mayor;

(2) the City Comptroller;

(3) the President of the City Council; and

(4) the Members of the City Council.

§ 118. Commission established.

There is a Compensation Commission for Elected Officials.

§ 119. Composition; Qualifications; Term.

(a) Composition.

The Commission comprises the following 7 members:

(1) 3 members appointed by the Mayor in accordance with Article IV, § 6 of this Charter;

(2) 1 member appointed by the City Comptroller, subject to confirmation by the City Council in the same manner as provided in Article IV, § 6 of this Charter for appointments by the Mayor; and

(3) 3 members appointed by the President of the City Council, subject to confirmation by the City Council in the same manner as provided in Article IV, § 6 of this Charter for appointments by the Mayor.

(b) City officials, employees ineligible.

No official or employee of the City may be appointed to or serve on the Commission.

(1) A member of the Commission serves for a term of 4 years, beginning October 1 of the second year preceding the mayoral general election, and until a successor is appointed and qualifies.

(2) Members of the Commission are eligible for reappointment.

§ 120. Compensation; Expenses.

Members of the Commission:

(1) serve without compensation; but

(2) are entitled to reimbursement of reasonable expenses incurred, as provided in the Ordinance of Estimates.

§ 121. Officers.

(a) Chair.

The Commission shall elect a chair from among its members.

(b) Others.

The Commission may elect a Vice-Chair and other officers from among its members.

§ 122. Meetings.

(a) Quorum.

5 members of the Commission constitute a quorum.

(b) Votes for action.

(1) An affirmative vote of at least 4 members is needed for any action by the Commission.

(2) The Commission's records must show how each member voted on each question.

All meetings of the Commission must be conducted in accordance with the Open Meetings Act, State Government Article Title 10, Subtitle 5 {now Title 3 of the State General Provisions Article}.

§ 123. Commission recommendations.

The Commission shall:

(1) evaluate the compensation of all elected officials; and

(2) recommend that, for the next term of office, the compensation be increased, decreased, or remain unchanged.

§ 124. Submission to Council.

(a) When required.

The Commission shall submit to the President of the City Council its recommendations on or before October 1 of the year preceding the mayoral general election.

(b) If change proposed.

If the Commission recommends one or more changes in compensation, the President of the City Council shall cause all of the recommendations to be introduced at the next meeting of the City Council as a proposed Resolution of the Mayor and City Council.

If the Commission recommends no change in any elected official's compensation, or fails to submit a timely recommendation, no Resolution is to be introduced and the compensation to be paid elected officials remains unchanged.

§ 125. Council action.

(a) Amendment not authorized.

The Council may not amend the Resolution to change or affect any recommended compensation.

(b) Rejection by Council.

If, by a majority vote of all members, the City Council affirmatively rejects the Resolution on or before December 15 of the year preceding the mayoral general election, the compensation to be paid elected officials remains unchanged.

If the Resolution is adopted on or before December 15 of the year preceding the mayoral general election, or if the City Council fails to adopt or reject the Resolution on or before that date, the compensation recommended by the Commission will apply, effective at the beginning of the next term of office.

Department of General Services

§ 130. Department established.

There is a Department of General Services, the head of which is the Director of General Services.

§ 131. Director of General Services.

(a) Duties; Qualifications.

(1) The Director shall supervise and direct the Department.

(2) The Director must have:

(i) substantial experience in the construction and maintenance of public works and improvements and in the delivery of related public services; or

(ii) 10 years experience as an engineer.

(b) Appointment; Term.

The Director shall be appointed, must be confirmed, and serves pursuant to Article IV, § 6 of this Charter.

The Director's salary shall be set in the Ordinance of Estimates.

(d) Employees.

The Director may appoint the employees provided for in the Ordinance of Estimates.

§ 132. Powers and duties of Department.

(a) In general.

The Department has the powers and duties specified in this section.

(b) Supervision of municipal buildings, related improvements.

(1) Unless otherwise provided by this Charter, the Director shall supervise all municipal buildings and related improvements made in Baltimore City or elsewhere by or for the City or any municipal agency.

(2) All plans and specifications for these municipal buildings and related improvements, including those involving engineering questions, shall be submitted to the Director for approval.

(1) Unless otherwise provided by this Charter, the Department has charge of the construction, demolition, alteration, operation and maintenance of all municipal buildings and related improvements.

(2) To carry out these activities, the Director may enter and occupy any municipal property after giving due notice to the agency having control of the property. The Director shall restore any property so entered to the condition in which it was before the entry.

(d) – (f) {Repealed by Res. 14-016, ratified Nov. 4, 2014.}

(g) Fleet management.

(1) The Department is responsible for:

(i) the maintenance, repair, and operation of all motor vehicles and related equipment owned by the City, whether held for general service or assigned for the use of a particular office or agency,

(ii) the maintenance and operation of related garages, depots, and shops;

(iii) the inspection of all City vehicles and related equipment and the keeping of proper records about how these vehicles and equipment are handled and operated;

(iv) the assignment of these vehicles and related equipment for the use of officers and other agencies of the City; and

(v) the maintenance or the hiring of any hauling or passenger service needed by any municipal agency.

(2) This subsection does not apply to motor vehicles and related equipment of the Baltimore City Public School System, except to the extent requested by that department and agreed to by the Department of General Services.

(h) Assistance to other agencies.

On the request of the head of a municipal agency, the Director shall:

(1) supply estimates of the cost of work for building improvements and vehicles to be done for that agency during the next fiscal year; and

(i) Additional powers and duties.

The Department has the additional powers and duties as are prescribed by law.

§ 133. {Repealed by Res. 14-016, ratified Nov. 4, 2014.}

§ 134. Correcting physical obstruction.

(a) Correction required.

(b) Condemnation.

The City is empowered, when the exigencies of the Department's work require, to secure the condemnation of the physical obstruction as provided in Article II of this Charter.

City Administrator

§ 135. City Administrator: Establishment.

There is a City Administrator who shall be the chief administrative officer of the City.

§ 136. City Administrator: Appointment, term, etc.

(a) Appointment.

The Mayor shall appoint the City Administrator without regard to political affiliation, subject to confirmation by the City Council, pursuant to Article IV, Section 6(a).

(b) Qualifications.

(1) The City Administrator must have, prior to appointment, at least 5 years of administrative experience that is sufficiently broad, responsible, and technical to function as the City Administrator.

(2) The City Administrator shall also be thoroughly familiar with modern accounting methods and budget procedures.

(3) In determining and assessing the qualifications for appointment as the City Administrator, the Mayor must give full consideration to:

(i) the depth, breadth, quality, and importance of relevant experience and the degree of progression achieved;

(ii) the individual's education background;

(iii) evidence of the individual's demonstrated ability to accept and successfully meet increasing responsibilities; and

(iv) evidence of the individual's excellent character, professional reputation, and employment record.

(4) To assure the selection of the most qualified individual available, the Mayor may retain any recognized testing agency to evaluate and make recommendations concerning the qualifications of prospective appointees.

(1) Subject to paragraph (2) of this subsection, the City Administrator's term shall be coterminous to the Mayor.

(2) The City Administrator may continue to serve beyond the Mayor's term until a qualified successor is appointed and confirmed.

(d) Salary.

The City Administrator's salary shall be set in the Ordinance of Estimates.

§ 137. {Reserved}

§ 138. City Administrator: Removal.

The Mayor may remove the City Administrator at any time.

§ 139. City Administrator: Office administration.

(a) Staff.

The City Administrator may appoint employees to assist in his or her duties as may be provided in the Ordinance of Estimates.

(b) Deputy City Administrator.

(1) The City Administrator shall appoint a Deputy City Administrator who shall serve as the Acting City Administrator in the event that the City Administrator is temporarily unavailable for duty or if the position has been vacated.

(2) A Deputy City Administrator may not serve as an Acting City Administrator longer than 6 months without confirmation by the City Council, pursuant to Article IV, Section 6(a).

§ 140. City Administrator: Powers and duties.

Except as otherwise provided in this Charter and under the direct authority and supervision of the Mayor, the City Administrator:

(1) administers the day-to-day operations of the City and oversees the delivery of municipal services;

(2) exercises supervisory authority over all agencies, department directors, and municipal officers;

(3) approves rules and regulations proposed by municipal departments and agencies;

(4) supervises the preparation of the City's preliminary operating budget and participates in the development of the proposed Ordinance of Estimates;

(5) advises the Mayor in the formation of policy and the implementation of plans to address demands for municipal services, enhance the quality of life, and strengthen the economic vitality of the City;

(6) performs duties delegated by the Mayor that are not inconsistent with this Charter; and

(7) performs any other duty as required by this Charter or required by ordinance of the Mayor and City Council.

Baltimore City Police Department

§ 141. Department established.

There is a Baltimore City Police Department, the head of which is the Police Commissioner.

§ 142. Definitions.

(a) In general.

For §§ 141 through 146 of this article, the following terms have the meanings indicated.

(b) Commissioner.

"Commissioner" means the Police Commissioner of Baltimore City.

"Department" means the Baltimore City Police Department.

(d) Department staff.

"Department staff" means an individual employed by the Mayor and City Council of Baltimore assigned to work for the Department, whether a civilian or a police officer.

(e) Police officer.

"Police officer" means a person who is:

(1) legally authorized to enforce the general criminal laws of the State;

(2) legally authorized to enforce the criminal and civil laws of the City; and

(3) an employee of the Mayor and City Council of Baltimore.

§ 143. Commissioner.

(a) Head of Department; Qualifications.

The Police Commissioner shall:

(1) be at least 30 years of age; and

(2) have at least 5 years of experience in law enforcement.

(b) Appointment.

The Commissioner shall be appointed and must be confirmed pursuant to City Charter Article IV, § 6(a) {"Appointments subject to confirmation"}.

The term of the Commissioner shall be established by the Mayor.

(d) Salary.

The Commissioner shall be paid a salary as provided for in the Ordinance of Estimates.

(e) Staff.

The Commissioner may appoint such employees as provided in the Ordinance of Estimates.

§ 144. Commissioner: Powers.

The Commissioner shall:

(1) determine and establish the form and organization of the Department;

(2) appoint individuals above the rank of lieutenant;

(3) as necessary to best serve the interests of the City:

(i) assign, reassign, allocate, and reallocate duties to Department staff; and

(ii) assign, reassign, allocate, and reallocate Department staff to organizational subdivisions of the Department;

(4) determine and establish:

(i) the classification of ranks, grades, and positions;

(ii) uniform insignia;

(iii) the powers, duties, rights, and privileges for Department staff; and

(iv) the order of succession for positions of command;

(5) with the consent of the Department of Human Resources, determine and establish positions within the Department for civilian employees;

(6) appoint, promote, reduce in rank, grade, or position, reassign, reclassify, retire, and discharge Department staff in the manner prescribed by law;

(7) institute a system of:

(i) periodic performance evaluation for Department staff; and

(ii) regular physical examination of Department staff, as necessary for the employee to effectively perform assigned duties;

(8) make and execute contracts and other instruments as may be authorized in the exercise and performance of the powers of the Commissioner and the Department;

(9) establish, maintain, and modify systems for the reception, processing, and maintenance of:

(i) reports and records of occurrences or alleged occurrences of crime within the City; and

(ii) reports and records of the administration, management, and operation of the Department; and

(10) adopt rules and regulations to effectively discharge the powers and duties of the Commissioner and Department.

§ 145. Department: Powers and duties.

(a) Purpose.

The purpose of the Department is to:

(1) safeguard the lives and safety of all individuals within the City;

(2) protect property within the City; and

(3) assist in securing to all individuals the equal protection of the law.

(b) Powers.

The Department shall have, within the boundaries of the City, the power to:

(1) maintain the orderly flow of traffic in the public right of way; and

(2) assist law enforcement agencies of:

(i) the State; and

(ii) any official unit of federal, tribal, state, or local government within the United States.

The Department shall have, within the boundaries of the City, the specific duty and responsibility to:

(1) preserve the public peace;

(2) detect and prevent the commission of crime;

(3) enforce the laws of:

(i) the State; and

(ii) the Mayor and City Council of Baltimore;

(4) apprehend and arrest individuals who violate or are lawfully accused of violating the law;

(5) preserve order at public places; and

(6) discharge its duties and responsibilities with dignity and in a manner that will inspire public confidence and respect.

(d) Duties: Outside the City.

(1) In general.

The Department shall perform the duties set forth in subsection (b) of this section within those areas outside the corporate limits of the City which are, from time to time, owned, controlled, operated, or leased by the Mayor and City Council of Baltimore or any unit of City government.

(2) Concurrent jurisdiction.

In those areas described in paragraph (1) of this subsection:

(i) the authority and duties of the Department shall be concurrent with that of any police department or police agency in the jurisdiction in which such areas are located; and

(ii) nothing contained herein shall limit or adversely affect the jurisdiction and authority of any police department or police agency in the jurisdiction in which such areas are located.

§ 146. Police officers: Powers and duties.

All police officers of the Department, including such other Department staff who may be designated by the Commissioner from time to time to exercise the powers and duties of police officers, shall have the authority conferred under Title 2 {"Law Enforcement Procedures; Arrest Process"} of the Criminal Procedure Article of the Annotated Code of Maryland.

§ 147. Redistricting.

(a) Commissioner to prepare plan for reallocation of boundaries.

To ensure that the resources of the Department are efficiently allocated, following each decennial census of the United States the Commissioner shall prepare and submit a police district redistricting plan to the Mayor within 1 year from the publication of decennial census data for the reallocation of police district boundaries.

(b) Action by the Mayor.

Within 90 days of receipt of a police district redistricting plan from the Commissioner under subsection (a) of this section and after public hearings the Mayor shall submit a police district redistricting plan for the reallocation of police district boundaries to the City Council for adoption as a resolution of the Mayor and City Council.

The police district redistricting plan, as it may be amended by the City Council, must be approved by resolution of the Mayor and City Council within 180 days from the date the plan is introduced on the Council floor.

Article VIIExecutive Departments

General Provisions

§ 1. General provisions: Executive power; Rules and regulations.

§ 2. General provisions: Powers and duties; Contracts.

§ 3. General provisions: Bureaus and divisions.

§ 4. General provisions: Members of boards and commissions.

§ 4.5. {Repealed by Res. 16-031, ratified Nov. 8, 2016.}

Department of Finance

§ 5. Department of Finance: Established.

§ 6. Department of Finance: Director.

§ 7. Department of Finance: Deputy Director; Employees.

§ 8. Department of Finance: Budget preparation.

§ 9. Department of Finance: Budget administration.

§ 10. Department of Finance: Disbursements related to salary or compensation.

§ 11. Department of Finance: Accounting.

§ 12. Department of Finance: Collections, deposits, withdrawals, etc.

§ 13. Department of Finance: Lien records.

§ 14. Department of Finance: Notices of lien.

§ 15. Department of Finance: Distraint or levy for taxes.

§ 16. Department of Finance: Taxes as personal debt and lien.

§ 17. Department of Finance: Purchasing.

§ 18. Department of Finance: Registrar of debt; Custodian of funds and securities; Keeper of Seal.

Board of Finance

§ 19. Board of Finance: Established.

§ 20. Board of Finance: Composition.

§ 21. Board of Finance: Powers and duties.

Department of Law

§ 22. Department of Law: Established.

§ 23. Department of Law: City Solicitor.

§ 24. Department of Law: Powers and duties.

§ 25. Department of Law: Staff; Other assistance.

§ 26. Department of Law: Suits; Appeals.

Department of Public Works

§ 27. Department of Public Works: Established.

§ 28. Department of Public Works: Director.

§ 29. Department of Public Works: Staff.

§ 30. Department of Public Works: Supervision of public works.

§ 31. Department of Public Works: Construction, maintenance, and repair.

§ 32. {Repealed by Res. 08-003, ratified Nov. 4, 2008.}

§ 33. Department of Public Works: Water supply.

§ 34. Department of Public Works: Sewage.

§ 35. Department of Public Works: Street cleaning.

§ 36. {Repealed by Res. 08-003, ratified Nov. 4, 2008.}

§ 37. Department of Public Works: Testing.

§ 38 to 40. {Repealed by Res. 08-003, ratified Nov. 4, 2008.}

§ 41. Department of Public Works: Correcting physical obstruction.

§ 42. Department of Public Works: Assistance to other agencies.

§ 43 to 46. {Repealed by Res. 08-003, ratified Nov. 4, 2008.}

Fire Department

§ 47. Fire Department: Established.

§ 48. Fire Department: Chief.

§ 49. Fire Department: Board of Fire Commissioners – Established.

§ 50. Fire Department: Board of Fire Commissioners – Composition; Appointment; Terms.

§ 51. Fire Department: Board of Fire Commissioners – Powers and duties.

§ 52. Fire Department: Board of Fire Commissioners – Retirement of employees.

§ 53. Fire Department: Arbitration for fire fighters and officers.

Department of Health

§ 54. Department of Health: Established.

§ 55. Department of Health: Commissioner.

§ 56. Department of Health: Powers and duties.

Department of Social Services

§ 57. Department of Social Services: Established; Powers and duties.

§ 58. Department of Social Services: Social Services Commission.

Department of Education

§ 59. Department of Education: Established.

§ 60. Department of Education: Board of School Commissioners – Established, composition, etc.

§ 61. Department of Education: Board of School Commissioners – Powers and duties.

§ 62. Department of Education: Superintendent.

§ 63. Department of Education: Budget; Salaries.

§ 64. Department of Education: Graded lists; Employee duties.

Department of Recreation and Parks

§ 65. Department of Recreation and Parks: Established.

§ 66. Department of Recreation and Parks: Director – Appointment, etc.

§ 67. Department of Recreation and Parks: Director – Powers and duties.

§ 68. Department of Recreation and Parks: Board – Established; Duties.

§ 69. Department of Recreation and Parks: Board – Composition; Appointment; Terms.

Department of Planning

§ 70. Department of Planning: Established.

§ 71. Department of Planning: Commission – Composition; Appointment; Terms.

§ 72. Department of Planning: Commission – Powers and duties.

Article VII
Executive Departments