Why Charter Government?

1. Why Charter Government? Charles County Charter Board

2. Charter Board Background • Charles County Commissioners voted unanimously to establish Charter Board by Resolution 2013-12 • Citizens applied for positions & were selected by Commissioners • 1st Meeting held on Feb 21, 2013, board members sworn in on Mar 7, 2013 • Members: • Meetings are open to the public and are televised on Charles County Public Television (CCGTV)

3. Three Forms of County Government in Maryland

4. Basic Differences Between Types of Counties • At one time every county was a Commissioner County. Under this form the General Assembly, the county’s delegation to the General Assembly, and the county commissioners control purely local affairs • In Code Home Rule counties, purely local affairs are controlled largely by the county commissioners • In Charter Home Rule counties, purely local affairs are controlled largely by the local governing body and the county charter, which is entirely controlled by county voters

5. Why did Charles County Become a Home Rule County? • In 2002 the voters of Charles County voted to change the form of county government from a commissioner to a code home rule county • Some wanted more local control over purely local affairs • Others saw the change as providing a more modern form of government

6. Why Code Home Rule over Commissioner Government ? • Code home rule retains the same governing structure used in a commissioner county – the commissioners remain the county’s governing body • The way the county does business under a commissioner form is nearly identical to how the county does business after the change • Most voters don’t notice any change in government at all

7. Why Do Advocates Favor Charter Government? • Charter government allows voters to control the most fundamental activities of how the county government is organized and functions • In Commissioner and Code Home Rule forms of county government, the government controls the way the government is organized and functions • Under a commissioner form of government, the General Assembly and local delegation to Annapolis largely controls the way the county is governed • Under code home rule, the local governing body largely controls the way the county is governed

8. What is a Charter? • A charter is a local constitution • A constitution establishes the fundamental rules and the basic mechanisms by which a government runs • A constitution – and a charter – establish the basic components of government (that is, who governs us) • A constitution – and a charter – establish the basic processes of the government, such as how you become a member of the governing body, and how the legislative process works • A charter establishes the basic structure of government

9. What is Key to Know about Charter? • The most important thing to know about a constitution - and a local charter - is that this is the peoples’ document. It’s where we, the voters, tell the government what it can and cannot do • The charter is our contract with the government • Once we, the voters, have spoken, no act of a governing body, no act of an executive or any government agency, officer or employee, can contradict what our charter says • If a court finds the government has violated a charter – or a constitution – it will void acts taken in contradiction of what we, the voters, have established

10. What Else about a Charter? • Only a charter form of government allows the voters – and no one else – to establish structure and size of the governing body (3, 5, 7 or more members) • Only under a charter can the voters – and no one else – establish how the governing body will be elected: for example, by • At-Large Voting (candidates may reside in any district and are elected by all county voters) • District Voting (candidates must reside in a specific district  and are only elected by voters in that district) • Residency-District Voting (candidates must reside in a specific district but are elected at large, by all county voters) • or some combination of election methods • Only under a charter can the voters establish the qualification of officer holders • Only under a charter can the voters establish how the budget process works

11. What Else about a Charter? continued • Only a charter form of government allows the voters – and no one else – to change the basic components, processes and policies of government that are found in the charter. Neither the General Assembly nor the local governing body can change what’s in a charter • Only under a charter can our county provide for an elected executive – a single elected official responsible for running day-to-day operations • An elected county executive is not a requirement of a charter form of government. It is merely an option that might be selected

12. What if We Want to Change the Charter? • Only the voters can change the charter (that’s why it’s called “the people’s document”). They vote for it and, once approved, only the voters can amend the document • The General Assembly can’t amend the charter. The local governing body (or the Executive, if one exists) can’t amend the charter • Under the Maryland Constitution, the voters of a charter county can petition a proposed change to the charter at any time. The county governing body can also propose a change, but in either case, only the voters can approve a change at a regular or special election • Voters may also terminate the Charter, returning to Code gov’t.

13. Charter-Created Changes • Most of the changes a charter establishes are not required to be made – they are merely options • If a charter requires these changes, it is in the belief that the changes will improve government • On the other hand, a charter can simply embody the way the county does business today, using the same mechanisms

14. Cost of Charter • Whether a charter government costs more than a code government depends on what the charter says • If a charter expands the size of government by requiring more administrative departments or more government officials or employees, government likely will cost more than it does now • On the other hand, most charters today are drafted with an eye toward holding costs at current levels • Only when you see the final charter can you know whether a charter increases the cost of government

15. Forming a Charter Government • Under provisions in the Maryland Constitution, a charter board is formed like the one now in Charles County • The Charter Board drafts a proposed charter, which is then placed before the voters for their approval • A charter now is being drafted for Charles County and will appear on the ballot in November 2014 • If the voters approve the proposed charter, Charles County will become a charter home rule government in accordance with the time table established in the document

16. Our Charter Board Process: • Meet regularly, research and gather information; interview a variety of leaders on their views of Charter Government • Draft and refine a charter form of government document • Meet with citizenry to discuss our purpose, charter government, evolving draft charter and gather input • Finalize Charter • Submit to Charles County Board of Commissioners by July 2014 • Commissioners put Charter on ballot. Commissioners do not have authority to alter the Charter Result: In November 2014, Citizens vote to move to Charter Government or retain Code Government

17. Your Opinions are Needed • The Charter Board wants to reflect your views in the proposed charter. For example: • What are your views about creating an elected county executive in charge of running day-to-day affairs? • What are your views about expanding the size of the governing body (we have 5 now)? • What are your views about electing officials by district in contrast to at-large voting or voting by residency districts? • Should there be term limits? • Tell us what you think a charter should say

18. Contact us at: charterboard@charlescountymd.gov Questions / Comments?