What is Code Home Rule?
Like many citizens who are busy “making America great” every single day in between Presidential Elections, your life may have been too busy to make all the Public Comment Hearings over the years on this issue. Each election, brings its topics and issues that we must face, as all adults must and this is one of them.
Code Home Rule is not about schools, homeschooling or rules about home room as the “name” would imply. First, St. Mary’s County is one of a few counties in the state of Maryland (St. Mary’s is one of six who have a type commission government; six counties are code home rule government and 12 counties are charter government) that has NOT adopted “Code Home Rule.”
Code Home Rule government would mean that the Board of County Commissioners could enact and repeal public local laws. General Assembly may NOT enact, amend or repeal a public local law (subject to exception). Referendum may repeal local law. Public hearings are required. For more details go the to county website mentioned below.
Secondly, why are St. Mary’s County residents voting on this issue Tuesday, Nov. 8? According to the:
CONSTITUTION OF MARYLAND –
ARTICLE XI-F: HOME RULE FOR CODE COUNTIES.
SECTION 1. For the purposes of this Article, (1) “code county” means a county which is not a charter county under Article 11A of this Constitution and has adopted the optional powers of home rule provided under this Article; and (2) “public local law” means a law applicable to the incorporation, organization, or government of a code county and contained in the county’s code of public local laws; but this latter term specifically does not include (i) the charters of municipal corporations under Article 11E of this Constitution, (ii) the laws or charters of counties under Article 11A of this Constitution, (iii) laws, whether or not Statewide in application, in the code of public general laws, (iv) laws which apply to more than one county, and (v) ordinances and resolutions of the county government enacted under public local laws.
SEC. 2. The governing body of any county, by a vote of at least two-thirds of the members elected thereto, may propose by resolution that the county become a code county and be governed by the provisions of this Article. Upon the adoption of such a resolution, it shall be certified to the Board of Supervisors of Elections in the county, which Board (pursuant to the election laws of the State) shall submit to the voters of the county at the next ensuing general election the question whether the resolution shall be approved or rejected. If in the referendum a majority of those persons voting on this question vote for the resolution, the resolution is approved, and the county shall become a code county under the provisions of this Article, on the thirtieth day after the election .If in the referendum a majority of those persons voting on this question vote against the resolution, the resolution is rejected, and of no further effect.
Provided that if at the next ensuing general election there shall be submitted to the voters of the county a proposed charter under Article 11A of this Constitution, the proposed charter only shall be submitted to the voters at that next ensuing general election. If the proposed charter is adopted by the voters, this particular resolution to become a code county shall not be submitted to the voters and shall have no further effect. If the proposed charter is rejected by the voters, the code question under this Article shall be submitted to the voters at the general election two years later, and no charter question under Article 11A shall be submitted to the voters at that general election.
This is not a new issue, but if St. Mary’s County voters want to be even more informed on the subject, you can go to the St. Mary’s County Government website see the promotional flyer that the Board of County Commissioners have posted. The county website has additional links and subsections about the topic that will help to clarify the subject. The “Commissioner vs. Code Rule” diagrams gives a simple display of the voting process and the implementation of a new system after the General Election. To see the flyer, go to http://www.stmarysmd.com/pio/codehome.asp.
For more detailed, specific information go to www.stmarysmd.com/codehomerule or write CodeHomeRule@stmarysmd.com
Contact Shertina J. Mack s.mack@TheBayNet.com
