§ 7-10. Residency requirements – City officials generally.

(a) Definitions.

(1) In general.

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

(2) Agency.

"Agency" means any department, any bureau or division within a department, and any board, commission, authority, council, committee, office, or other unit of City government.

(3) Official.

"Official" means:

(i) the head of an agency who reports directly to the Mayor; and

(ii) any at-will supervisory employee who reports directly to the Mayor or to the head of an agency.

(b) Residency requirements.

Every official:

(1) must be a resident and registered voter of Baltimore City at the time of his or her appointment, except only as otherwise authorized by subsection (c) of this section; and

(2) must remain a resident and registered voter of Baltimore City throughout his or her entire term of office.

(1) In general.

Subsection (b)(1) of this section does not apply to an official who, before her or his appointment, signs a declaration of intent to become a City resident and registered voter within 6 months of the effective date of her or his appointment.

(2) Termination for failure to timely comply.

If the official fails to abide by this declaration of intent within the 6-month period, the official's appointment is automatically terminated at the end of that period.

Editor's Notes

State Local Government Article (“LG”) § 1-201 generally prohibits “a county or municipality [from] requir[ing] an employee to reside within the State, county, or municipality ... as a condition of employment” {LG § 1-201(b)(1)}, subject only to exceptions for

(1) "an elected official",

(2) "the chief administrative officer of the county or municipality",

(3) "the head of a unit ... who reports directly to:

(i) the chief administrative officer...;

(ii) an elected executive; or

(iii) the governing body of the county or municipality", and

(4) as added by Chapter 776, Acts of 2017, "an at-will supervisory employee [who] reports directly to the head of a unit". {LG § 1-201(a) and(b)(1)}.

This § 7-10 was enacted by Ordinance 18-111, effective April 26, 2018, in accord with and by authority of LG § 1-201, as amended by Ch. 776, Acts of 2017. Section 2 of Ord. 18-111 (based on Section 2 of Ch. 776) contains the following “legacy clause”:

[T]his Ordinance applies only prospectively and may not be applied or interpreted to have any effect on or application to the continued employment at the same level of any individual who, before the effective date of this Ordinance, is employed by the City as an “official”, as that term is defined in this Ordinance.