(10/30) Frederick County ballots for the 2020 General Election include four questions that, if approved, would change Frederick County’s Charter. The charter is the guiding document for the County government. In order to assist voters in their decision-making process, information on each of these questions is now available on the Frederick County Government website at FrederickCountyMD.gov/2020BallotQuestions.

Question A - Council Non-interference

This Charter Amendment would amend the Frederick County Charter to require the County Executive to provide any information that is requested by an individual County Council member which is for the purpose of introducing and evaluating legislation or to engage in the review and monitoring of Government programs, activities, and policy implementation.

Background - Currently, the Frederick County Charter currently requires the County Council to act as a body. A majority of council members is required to request information from the County Executive and her staff. Under current practice, the County Executive provides information as requested by individual council members. Council members are able to request information for any reason, not solely for the review or monitoring of legislation of for implementing programs, activities, or policy implementation.

Supporters believe this ballot question allows individual Council Members to request and gather information without requiring a vote of the majority of the Council, thus allowing greater response to citizen inquiries and legislative information gathering. Opponents believe this ballot question may unduly burden the County Executive and executive branch from responding to unnecessary or frivolous requests that were not supported by a majority of the Council.

Question B - Borrowing Limitations

This Charter Amendment would amend the Frederick County Charter to reduce the percentage of assessable property the County can pledge from debt from 5 – 3 percent of assessable real property, and from 15 to 9 percent of assessable personal property.

Background - These changes were suggested by the County Finance Director to prevent the County from being able to borrow an excessive amount, which could endanger Frederick County’s credit and bond ratings, while still allowing the flexibility to deal with financial emergencies. This change will not reduce or harm the ability of the county to borrow money to build needed roads, schools, or other infrastructure. Instead, it decreases the debt limit to a reasonable level.

Supporters believe this ballot question will encourage the County to continue to be fiscally responsible, manage its debt well, and maintain its AAA bond rating, while at the same time maintaining flexibility for financial emergencies. Opponents of this ballot question support the current rate and do not believe it will cause overspending or fiscal irresponsibility.

Question C - Council Member Vacancy

This Charter Amendment would amend the Frederick County Charter to provide that the County Council shall fill a vacancy on the Council by choosing one of three persons from a list submitted by the central committee of the same political party as the vacating member. If no list is submitted or the vacating member was not a member of a political party, the Council shall appoint a person it deems best qualified to hold office. If the Council fails to fill the vacancy within 45 days, the County Executive shall fill the vacancy by following the same procedure. All persons considered for appointment shall be presented to the public and shall be interviewed by either the Council or Executive, allowing for public comment, prior to appointment. If the vacancy occurs in the first year of the vacating member’s term, after a person is appointed to temporarily fill the vacancy, a special election will be held to elect and fill the vacancy for the balance of the term.

Background

Currently, vacancies on the County Council are filled through an appointment process to finish the unexpired term of the vacating Council Member. The remaining members of the Council must appoint someone within 45 days. If they do not fill the vacancy in that time, the County Executive must appoint someone. The appointee must reside in the Council district they represent and be of the same political party. If the central committee submits a list of candidates, the appointee must be selected from that list.

If the ballot question were approved, vacancies that occur within the first year of a term would be filled through a special election. Otherwise, a new appointment process would take place, which would include a public interview by either the Council or the Executive. The amendment also would increase the number of names submitted by the central committee from one to three.

Opponents of this ballot question support the existing process for filling Council Member vacancies. Concerns are that the recommended changes could effectively create a situation where there could be a person appointed properly and then in a short period of time, due to the timing of a special election, a different person elected. Such a situation could be disruptive to the continuity of county government.

The 2020 Ballot Questions web page also includes links to videos of the Council’s meetings where members discussed each proposed amendment, as well as to the resolution the Council approved.

Question D - County Executive Vacancy

This Charter Amendment would amend the Frederick County Charter to provide a process to fill a vacancy in the position of County Executive. The County Council shall fill a vacancy of the Executive by choosing one of three persons from a list submitted by the central committee of the same political party as the vacating Executive. If no list is submitted or the vacating Executive was not a member of a political party, the Council shall appoint a person it deems best qualified to hold office. If the Council fails to fill the vacancy within 45 days, the Council shall appoint the County’s Chief Administrative Officer. All persons considered for appointment shall be presented to the public and shall be interviewed, allowing for public comment, prior to appointment. If the vacancy occurs in the first year of the vacating Executive’s term, after a person is appointed to temporarily fill the vacancy, a special election will be held to elect and fill the vacancy for the balance of the term.

Background

Currently, if the County Executive departs office before the end of the term, the County Council appoints a new Executive within 45 days. The appointee must be a member of the same political party, nominated by that party’s central committee. If the central committee does not nominate anyone within 30 days, the Council may appoint anyone from that party. If the Council does not make an appointment within 45 days, the central committee’s nominee becomes Executive. If the Executive who created the vacancy does not belong to a political party, the Chief Administrative Office will become Executive.

The amendment would increase from one to three the number of names the central committee must submit; require a special election if the vacancy occurs within the first year of a term; and if the Council fails to fill the vacancy, would appoint the CAO to fill the remainder of the term.

Opponents of the ballot question support the existing process for filling County Executive vacancies. Concerns are that the recommended changes could effectively create a situation where there could be up to three county executives in a short period of time, due to the timing of a special election. Such a situation could be disruptive to the continuity of county government.