Part 3
In glancing over the updated and
completed town charter as set forth in Article 11 of the
Code of Public Local Laws (1930 Edition), it became
apparent to me that the 1910 charter amendments brought
a subtle change in election laws. The charter no longer
states that white male citizens over the age of
twenty-one have the right to vote, but that "male
citizens" have the right to vote. The 1930
codification also notes that Chapter 137 of the 1922
Session of the General Assembly gave female citizens the
right to vote alongside their male counterparts.
Once again the corporation was
forced to go to the public for funds in order to provide
the citizens with improved public services. On April 25,
1935, the General Assembly gave the burgess and
commissioners authority to issue up to $10,000 in
general improvement bonds if these bond issues were
approved by the voters of the town in a general election
to be held on May 6, 1935. Town minutes and records
indicate that the election was indeed held on May 6,
1935, and that the citizens of the town approved the
issue of bonds by a vote of 231 for and 104 against. The
commissioners acted quickly and, with a unanimous vote
on June 3, 1935, authorized issuance of $10,000 worth of
bonds to the highest bidder above par value of each bond
at the rate of three percent interest for a term of
twenty years.
In 1955, certain municipalities
were given the power of home rule or self-government.
The burgess and commissioners of Emmitsburg first took
advantage of this new law in 1958 under the direction of
Burgess Clarence G. Frailey and Town Attorney Edward D.
Storm. The first two charter amendments passed by the
town without approval of the General Assembly involved
the issuance of bonds and borrowing money, and the tax
rate that could be charged on assessable property.
Charter Amendment Resolution No.
1 gave the burgess and commissioners power to borrow
$5,000 from any source as needed for operations. The
burgess and commissioners could now issue bonds
automatically forty days after so advertising unless
they are presented with a petition for referendum signed
by twenty percent of the qualified voters in the
municipality. Charter Amendment Resolution No. 2 raised
the amount of tax which the burgess and commissioners
were authorized to levy on property in the corporate
limits from $.45 to $1.50 on every one hundred dollars
of assessable property in any one year. This gave the
commissioners more flexibility with respect to property
taxes.
Charter Amendment Resolution No.
3, which became effective July 4, 1960, effected a
complete overhaul of the town's charter. The town
attorney, Edward D. Storm, recognized that many of the
provisions of the existing town charter were
old-fashioned and archaic. Since the charter is the
enabling legislation for every action taken by the
burgess and commissioners, an outdated charter might tie
the hands of these officials when they need to take
action in meeting modern problems.
It was this set of charter
amendments that bestowed its modern name on the
municipal corporation, when it officially became known
as "The Town of Emmitsburg." The legislative
powers of the town, which were vested in a board of
three commissioners, were reaffirmed with the citation
of specific powers included in all past charters.
However, these powers were expanded by the inclusion of
very general language in the new charter amendments. One
provision retained by the charter was the designation of
the burgess as a justice of the peace, with the power to
hear and try cases involving violation of the town's
ordinances, the power to impose fines for violation, and
the power to direct incarceration for non-payment of
fines.
A commissioner was required to
be a qualified voter, a resident for one year prior to
election, an owner with $1,000 worth of assessed real
property, and a resident during his or her term in
office. The burgess had to satisfy the same set of
requirements, with one exception: he or she had to be a
resident for two years prior to election. To be a
qualified voter in Emmitsburg, a person had to be
eligible to vote in state and county elections, had to
be a resident for one year prior to election, and had to
be registered.
Article V of these amendments,
entitled "Finance," very clearly takes a
conservative approach toward fiscal responsibility. This
article requires the burgess to formulate a budget for
municipal operations for each year and mandates that
"the total of anticipated revenues shall equal the
total of the proposed expenditures." The taxing and
borrowing power of the municipality was again increased
and broadened. With respect to taxes, the Town of
Emmitsburg was given "the power to levy annually on
assessable property in said town and collect such taxes
as in its judgment may be necessary to pay all the
debts, obligations, and expenses of the town
government." In addition, the town could levy a
general tax on assessable property to construct and
improve public utilities provided by the town or
institute a tax to cover this cost on any other basis
deemed equitable. The town was authorized to borrow up
to $20,000. For projects over that amount, it would have
to issue bonds.
Charter Amendment Resolution No.
4, which became effective on November 25, 1963,
increased the term of the burgess from one to two years.
Charter Amendment No. 5, which became effective at the
same time, changed the fiscal year of the town to July 1
through June 30 of the following calendar year, instead
of January 1 through December 31, as had been the
previous practice. The next significant change came with
Charter Amendment Resolution No. 7, which increased the
number of Commissioners from three to four, each with a
three-year term. Charter Amendment Resolution No. 9 gave
the burgess a regular vote on the board of
commissioners. From this time forward, he or she was
considered a member of the board and could help make up
a quorum. The burgess retained his veto power; however,
a veto could now be overridden by a majority vote of all
members of the Board.
Except for the annexations which
modified the boundaries of our municipality, there were
no major changes in the Charter of the Town of
Emmitsburg until September 9, 1974. On that date the
burgess and board of commissioners adopted into law the
official text of the Charter of the Town of Emmitsburg
and the Code of the Town of Emmitsburg. This
re-codification was needed to further modernize the
Charter, the town's enabling document, and to compile in
one place the ordinances which were to govern the town.
The general language contained in the 1960 amendments
with respect to the legislative powers was retained;
but, for purpose of clarity, the specific powers of the
corporation were expanded to include the following:
"29. To establish, equip,
regulate, and fund a police department; and to appoint
town officers thereto in order to establish and maintain
the peace and order of the town, and to insure
compliance with all town ordinances and actions passed
or taken pursuant to this charter.''
"31. To operate, maintain,
supervise, plan and further regulate all public
recreation and park services."
"32. To plan and zone the
town with the general purpose of guiding and
accomplishing a coordinated, adjusted, and harmonious
development of the town. Among other things, this zoning
and planning authority may he used to promote the
health, safety, morals, order, convenience, prosperity,
and general welfare of the town within its police
limits; to provide good civic design and arrangement; to
promote wise and efficient expenditure of public funds;
to make adequate provisions for traffic; to prevent the
over-crowding of land and prevent undue concentration of
population; and to provide adequate light and air."
Most of the powers of the
burgess were retained, but he or she was no longer given
the powers of a justice of the peace. Thus the burgess
no longer had the power to hear and try cases involving
violation of town ordinances, to impose fines, or to
direct incarceration for non-payment of fines. These
violations were now under the jurisdiction of the
District Court of Maryland for Frederick County, or,
where a civil remedy would be appropriate, to the civil
courts of this state.
At present the burgess appoints
all employees working for the town in every office,
department, commission, or agency with the advice and
consent of the board of commissioners. The employees and
appointees serve in their capacities at his direction
and control and may be discharged without board
approval. Today the board of commissioners can take
almost any action it believes necessary to solve an
impending problem with near total confidence that it is
acting within the scope of its powers as set forth in
this all-important enabling document, the Charter of the
Town of Emmitsburg.
Changes were made in the charter
document immediately after its passage in order to
modernize it further, granting the right to vote to
every person who is eligible to vote in state and county
elections, who has resided in Emmitsburg for at least
thirty days preceding any town election, and who has
registered as required. For the first time, the Charter
states that citizens may register to vote at any time
during normal business hours in the town office with the
town clerk, unless the policy is changed by town
ordinance. Section 13 of the Code of Emmitsburg
reaffirms this policy of open registration.
The legislative function of the
town of Emmitsburg has increased remarkably over the
last few years. Much of this increased load was
initiated by the Zoning Ordinance and Subdivision
Ordinance passed by the board of commissioners. Most of
the initial work on planning and zoning legislation is
performed by the Planning and Zoning Commission, which
carefully studies the relevant ordinances. After many
hours of study, legislation is presented in polished
form to the commissioners who also scrutinize its
provisions.
It may seem difficult to believe
that self-government could be more complicated and
time-consuming than the procedure which this town had to
follow for the first 130 years of its existence, when it
had to obtain authority from the General Assembly every
time the town wished to borrow money, close an alley,
get stray dogs off the street or enter into contracts.
However, this indeed is the case. Perhaps
self-government in Emmitsburg today has become more
time-consuming and complicated because of the increased
awareness and needs of the town's citizens, and the
complexity of modern life. It would be unfortunate if
the town's citizenry reserves its participation in local
government only to criticism and complaint, and fails to
exercise its right to participate freely in
self-government.