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ON CAR 2 26, A CHARTER AMENDMENT RESOLUTION FOR THE TOWN OF CHEVROLET REGARDING CANDIDATE PROHIBITION.I WILL READ THE FAIR SUMMARY AND THEN WE WILL OPEN THE FLOOR TO PUBLIC INPUT.
PUBLIC INPUT UH, WILL BE ONE ROUND FOR EACH INDIVIDUAL FOR NO MORE THAN THREE MINUTES.
CHARTER AMENDMENT RESOLUTION 2 26.
THE COUNCIL OF THE TOWN OF MARYLAND CHARTER AMENDMENT RESOLUTION 2 26 REGARDING CANDIDATE PROHIBITION.
CHARTER AMENDMENT RESOLUTION AMENDING 18.2 CANDIDATES TO PROHIBIT POLITICAL CANDIDATES FROM BEING CANDIDATES FOR MAYOR AND COUNCIL MEMBER IN THE SAME ELECTION UNDER ANY CIRCUMSTANCES BY ADDING A NEW SUBSECTION TO 18.2 OF THE TOWN CHARTER.
WHEREAS 18.2 OF THE CHARTER ADDRESSES THE QUALIFICATION OF CANDIDATES AND TOWN ELECTIONS AND WHEREAS THE MAYOR AND COUNCIL HAVE DETERMINED THAT A PROHIBITION AGAINST A CANDIDATE RUNNING FOR THE OFFICE OF MAYOR AND COUNCIL MEMBER IN THE SAME ELECTION SHOULD BE PROHIBITED, WHEREAS THE MAYOR AND COUNCIL HAVE DETERMINED THAT A PROHIBITION AGAINST A CANDIDATE RUNNING FOR THE OFFICE OF MAYOR AND COUNCIL MEMBER IN THE SAME ELECTION IS APPROPRIATE.
WE'LL CHANGE THAT TO IS APPROPRIATE.
MAYOR, I BELIEVE COUNCIL MEMBER RE IS HERE AND NEEDS TO BE PROMOTED.
LET'S JUST, WE'LL JUST PAUSE A MOMENT, SEE IF WE CAN.
UH, SO I WAS IN THE SECOND WHEREAS CLAUSE, WHICH I WILL TAKE THE OPPORTUNITY TO READ AGAIN, WHEREAS THE MAYOR AND COUNCIL HAVE DETERMINED THAT A PROHIBITION AGAINST A CANDIDATE RUNNING FOR THE OFFICE OF MAYOR AND COUNCIL MEMBER IN THE SAME ELECTION IS APPROPRIATE.
AND WAS COUNCIL MEMBER FRY ABLE TO JOIN? EXCELLENT.
SO THE FINAL, WHEREAS CLAUSE THE MAYOR AND COUNCIL BELIEVE AN AMENDMENT TO THE TOWN CHARTER BANNING CANDIDATES FROM RUNNING FOR MAYOR AND COUNCIL MEMBER IS IN THE BEST INTEREST OF THE TOWN AND ITS RESIDENCE.
NOW THEREFORE BE IT RESOLVED THAT 18.2 CANDIDATES BE REPEALED, REENACTED AND AMENDED TO READ AS FOLLOWS, 18.2 CANDIDATES A, A ONE A 2, 3, 4, AND FIVE.
AND WITHIN FIVE THERE WOULD BE A NEW SECTION B AND IT READS, IT WOULD READ, THIS IS THE NEW LANGUAGE, IT WOULD READ AS FOLLOWS.
UNDER NO CIRCUMSTANCES MAY AN INDIVIDUAL BE A CANDIDATE FOR MAYOR AND COUNCIL MEMBER IN THE SAME ELECTION.
AN APPLICATION FOR CANDIDACY FOR MAYOR AND COUNCIL MEMBER FOR AN OFFICIAL CANDIDATE IN THE SAME ELECTION SHALL BE NULL AND VOID.
LIKEWISE, IN THE FOR RIGHT IN CANDIDACY FOR AN INDIVIDUAL FOR THE OFFICE OF MAYOR AND COUNCIL MEMBER IN THE SAME ELECTION SHALL BE NULL AND VOID FOR BOTH OFFICES.
NOTHING HEREIN SHALL PROHIBIT AN INDIVIDUAL FROM WITHDRAWING AN APPLICATION TO COMPLY WITH THIS SECTION.
IF DONE BEFORE THE OFFICIAL FILING DEADLINE, THE BOARD SHALL PROVIDE NOTIFICATION TO ANY INDIVIDUAL IN VIOLATION OF THIS SECTION AND REQUEST WITHDRAWAL IN WRITING OF ONE APPLICATION BEFORE THE FILING DEADLINE.
HOWEVER, THE FAILURE OF THE BOARD TO PROVIDE SUCH NOTIFICATION SHALL NOT NULLIFY THE REQUIREMENTS OF THIS SECTION.
AND THEN SECTION TWO OF THE RESOLUTION READS, BE IT FURTHER RESOLVED THAT ANY PROVISIONS OF THE CHARTER, WHICH IS INCONSISTENT WITH C SIX AS AMENDED IS HEREBY REPEALED.
BE IT FURTHER RESOLVED THAT THE DATE OF THE AN OF THE ADOPTION OF THIS RESOLUTION IS AND THE AMENDMENT OF THE CHARTER OF THE TOWN HEREBY PROPOSED SHALL BE AND BECOME, ET CETERA, BE IT FURTHER RESOLVED THAT AS SOON COUNCIL MEMBER WADE IS ASKING HIM TO BE PROMOTED.
APPARENTLY COUNCIL MEMBER WADE HAS ARRIVED ELECTRONICALLY AND NEEDS TO BE PROMOTED.
SO THAT AGAIN, TO BRING EVERYONE UP TO SPEED IS WADE LEG HECK, BRINER, TANZI AND FRY ARE PRESENT JUST BY SECOND.
ALRIGHT, SECTION FOUR, BE A FURTHER RESOLVE THAT AS SOON AS THE CHARTER AMENDMENT HEREBY BECOMES EFFECTIVE, EITHER AS HEREIN PROVIDED OR FOLLOWING A REFERENDUM, THE CLERK SHALL SEND SEPARATELY THE COPIES, BE IT FURTHER RESOLVED THAT THE CLERK BE AND IS SPECIFICALLY ENJOINED AND INSTRUCTED TO CARRY OUT THE PROVISIONS OF THREE AND FOUR AND AS EVIDENCE OF COMPLIANCE, ET CETERA.
ANY QUESTIONS, COUNSEL ON WHAT THE NEW, WHAT SECTION OF THAT WAS? THE NEW LANGUAGE, THE ENTIRE PARAGRAPH.
UNDER NO CIRCUMSTANCES, DID YOU HAVE YOUR HAND UP, JOHN? UM,
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YES, I HAD A, UH, RESIDENT ASK ME ABOUT THE SECTION FIVE.SECTION FIVE BE IT FURTHER RESOLVED THAT THE CLERK BE AND HE SHE IS SPECIFICALLY ENJOINED AND INSTRUCTED.
RIGHT, SO, UM, THERE WAS SOME QUESTION ABOUT SORT OF THE CONSTRUCTION OF THAT FIRST SENTENCE.
UM, THAT IT WAS THE CLERK BE WHAT IS WAS HER QUESTION? OH YES.
AS TO WHAT IS THE CLERK BEING INSTRUCTED TO UNDERTAKE B? IT FURTHER RESOLVED THAT THE CLERK IS SPECIFICALLY ENJOINED AND INSTRUCTED.
I THINK THAT'S, THAT'S WHAT IT SHOULD SAY.
SO WE'LL STRIKE B AND HE SLASH SHE B IT FURTHER RESOLVED THAT THE CLERK IS SPECIFICALLY ENJOINED AND INSTRUCTED TO CARRY OUT THE PROVISIONS OF SECTIONS THREE AND FOUR.
DOES THAT COMPORT, DOES THAT SOLVE YOUR RESIDENCE? I THINK SO.
SO THOSE ARE THE TWO CORRECTIONS I HAVE NOTED SO FAR.
ONE IS THE, IS APPROPRIATE AND THE SECOND WHEREAS, AND THE SECOND ONE IS SECTION FIVE, THE FIRST, UM, DELETING THREE OF THOSE FIRST 10 OR 12 WORDS.
COUNSEL ANY FURTHER COMMENTS AT THIS TIME OR SHALL WE GO TO THE PUBLIC HEARING NONE THE PUBLIC HEARING IS OPEN FOR PUBLIC INPUT.
DOES ANY MEMBER OF THE PUBLIC WISH AND I CANNOT, I CAN'T SEE THE ONLINE PORTION AT MY DESK.
UH, DOES ANY MEMBER OF THE PUBLIC WISH TO PROVIDE PUBLIC INPUT ON THE DRAFT LANGUAGE OR PROPOSED LANGUAGE? IS JASON ONLINE? MR. DELOACH, ARE YOU ONLINE? I DON'T SEE HIM, BUT I CAN ONLY SEE I THINK FOUR PEOPLE.
DID YOU HAVE A QUESTION FOR HIM? NO, I JUST WAS WONDERING IF HE WAS OKAY IF HE WAS PRESENT FOR THIS.
DOES THE BOARD OF ELECTION SUPERVISORS HAVE ANYTHING YOU'D LIKE TO SAY? YEAH, MS. OH, PLEASE COME FORWARD MR. DELOACH.
I THINK COUNCIL MEMBER HICK JUST WANTED TO MAKE SURE YOU WERE HEARING THE DISCUSSION.
I, I, FRANK BOARD OF ION SUPERVISOR WARD SIX.
I'M C FRANK SII, BOARD OF ELECTION SUPERVISOR WARD SIX.
UM, ROBIN K CANNOT BE HERE TONIGHT.
UM, WE HAVE BEEN IN TOUCH WITH, UM, OR THIS, OUR CHAIR HAS BEEN IN TOUCH WITH OUR TOWN ATTORNEY, TOWN CLERK.
WE THINK THE LANGUAGE IS A BIT TOO LONG AND ESPECIALLY THE SECOND HALF GOES INTO DETAIL THAT'S MORE ABOUT EXECUTION THAT WE THINK IS WELL FOR THE BOARD AND THAT FOR THE CHARTER.
UM, AND I THINK THE SECOND HALF IS A RESPONSE TO THE KNOW AND VOID THAT, YOU KNOW, WE NEED WHAT TO DO IF THAT'S THE CASE.
SO WE GET AN EMAIL, UM, AFTER OUR MEETING THIS WEEK.
WE HAD A, A OPEN MEETING ON TUESDAY, EMAILED SOME.
IT'S, IT'S NOT HOURS TO WRITE LANGUAGE, YOU KNOW, WE'RE ABOUT TO EXECUTE, BUT WE STILL, BECAUSE IT HAS BEEN GOING ON FOR A WHILE, SUGGESTED SHORTER LANGUAGE, BUT I JUST UNDERSTOOD THAT OUR TIME CLERK IS ON VACATION THIS WEEK.
UM, SO WE WOULD HAVE A SUGGESTION TO MAKE IT SHORTER.
THANK YOU FOR THAT SUBMISSION.
COUNSEL, DO YOU HAVE ANY QUESTIONS FOR THE BOARD OF ELECTION SUPERVISORS? AND IF, IF THEY COME UP, I THINK, UM, OUR SUPERVISOR IS WILLING TO FIELD THEM AS THEY COME UP.
UM, UNLESS THERE ARE QUESTIONS FROM THE COUNSEL AT THIS TIME, UM, I'M GONNA ASK MR. DELOACH, I'M GONNA PUT YOU ON THE SPOT A LITTLE BIT AND ASK, UM, WHETHER YOU THINK THE SECOND HALF OF THE LANGUAGE IS NECESSARY OR WHAT DO YOU, WHAT DO YOU THINK THE LEGAL, UM, IMPORTANCE IS OF HAVING THIS WHOLE SECTION IN THE, IN THE CHARTER
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VERSUS IN AN, IN THE OPERATIONS MANUAL FOR THE BOARD? WELL, I HAVEN'T BEEN ABLE TO SPEAK TO ANYONE ON THE BOARD OF ELECTION SUPERVISORS ABOUT THIS.I'VE NOT BEEN ABLE TO GET IN CONTACT WITH THEM.
I DON'T KNOW WHY THEY THINK IT'S TOO LONG.
I WOULD LIKE TO GET THE OPPORTUNITY TO TALK TO THEM.
UM, YOU KNOW, OBVIOUSLY LANGUAGE IN THE LAW CAN BE, UM, VERBOSE AND SOMETIMES IT CAN BE CUT DOWN, BUT SOMETIMES IT'S NEEDS TO BE THAT WAY FOR CLARITY PURPOSES.
SO AGAIN, I WOULD LIKE TO HAVE THE OPPORTUNITY TO TALK TO, I DID NOT KNOW THEY HAD A MEETING THE OTHER NIGHT.
UM, I HAVE NOT BEEN INCLUDED ON IT, SO I WOULD LIKE TO TALK TO THEM BECAUSE THE LAST I HAD SPOKEN TO THEM ABOUT THIS CHARTER AMENDMENT THAT IS CURRENTLY IN, UM, UH, BEFORE YOU, I DIDN'T HAVE ANY OBJECTION TO IT.
UM, SO I NEED TO LITERALLY TALK TO THEM TO SEE WHAT THEY ARE THINKING SO I CAN PROPERLY ADVISE THEM AND I CAN PROPERLY ADVISE THE MAYOR AND COUNCIL.
IT'S NOT GONNA BE A LONG CONVERSATION.
I JUST NEED TO GET SOMEBODY ON THE PHONE.
YEAH, WE WOULD LOVE TO SPEAK WITH YOU.
WE HAVE OUR PUBLIC MEETING EVERY SECOND TUESDAY OF THE MONTH AT 7:00 PM ON ZOOM.
UM, OR I THINK YOU'RE ALSO IN TOUCH WITH OUR CHAIR ROBIN KAY.
BUT, UH, UH, SEVEN TUESDAY OF THE MONTH, 7:00 PM ON ZOOM IS OUR OFFICIAL MONKEY MEETING.
ALRIGHT, THANK YOU FOR THAT COUNSEL, IF YOU HAVE ANY FURTHER QUESTIONS.
UM, ALRIGHT, GO AHEAD JOHN AND THEN WE'LL GO BACK TO THE PUBLIC OF WHICH I DON'T THINK THERE'S ANYONE, BUT I WILL, I WILL RING THE BELL AGAIN.
SO I GUESS I HAVE A QUESTION FOR MR. DELOACH AND SO I UNDERSTAND THE RATIONALE FOR A CERTAIN AMOUNT OF LEGALESE TO OBVIOUSLY PREVENT ANYTHING FROM COMING UP ABOUT THIS, BUT I THINK ALL ALONG THIS HAS BEEN A FAIRLY CUT AND DRIED POINT.
IT'S, YOU KNOW, WE WANTED TO SET THESE GUARDRAILS FOR, TO PREVENT AN INDIVIDUAL FROM RUNNING FOR TWO SEPARATE OFFICES.
NOW WE ALSO DON'T NECESSARILY HAVE TO ADDRESS THIS UNTIL 2031.
BECAUSE THAT'S THE NEXT ELECTION WHERE BOTH THE MAYOR AND COUNCIL WILL BE ELECTED AT THE SAME TIME.
SO THERE IS NO CERTAIN IMPETUS FOR TO RUSH THIS THROUGH.
BUT I GUESS CAN YOU ADDRESS THE SORT OF, I GUESS THE BOARD OF ELECTION SUPERVISOR'S CONCERN ABOUT TOO MUCH LANGUAGE VERSUS THE IDEA THAT CAN'T WE JUST SAY YOU CAN'T DO THIS PERIOD? THAT IS ALWAYS WHEN YOU'RE DRAFTING LEGISLATION, THAT'S THE TUG AND PULL WITH IT.
AND THAT'S WITH ALL LEGISLATION.
IS IT BETTER TO HAVE MORE LANGUAGE IN THERE THAT AS LONG AS IT'S CLEAR AND PEOPLE CAN UNDERSTAND IT, THAT GIVES SOME CONTEXT, UM, TO WHAT THAT LANGUAGE IS AS OPPOSED TO SHORTENING AND THEN POTENTIALLY HAVING THE ISSUE OF, OKAY, WELL WHAT IS THE INTENT OF THIS? OKAY, IS EXTRA LANGUAGE THERE A BETTER WAY TO GO SO THAT EVERYBODY CLEARLY UNDERSTANDS WHAT THE INTENT IS VERSUS LET'S JUST MAKE IT SHORT AND SWEET SO PEOPLE CAN READ IT EASILY.
THAT IS THE TUG AND PULL THAT YOU HAVE IN ALL LEGISLATION.
IS THERE ANY OTHER MEMBER OF THE PUBLIC WHO WOULD LIKE TO, WHO OFFER OR ANY MEMBER OF THE PUBLIC, UH, NOT APPOINTED AS A SUPERVISOR BY THE MAYOR AND COUNCIL WHO WOULD LIKE TO OFFER ANY PUBLIC INPUT ON EITHER THIS LANGUAGE OR THIS CONCEPT, UH, MORE BROADLY BEING ADDED TO THE TOWN CHARTER? LEMME JUST SAY ONE THING.
UH, MAYOR, I THINK THE ORIGINAL LANGUAGE THAT WAS PROVIDED TO THE AMERICAN COUNCIL WAS SHORTER.
AND THEN THERE WAS INPUT FROM THE COUNCIL AND THEN IT FORCED US TO GO BACK AND TRY TO ADDRESS THE CONCERNS OF THE COUNCIL.
SO I THINK THIS IS THE SECOND ITERATION OF WHAT WAS INITIALLY PROPOSED TO THE COUNCIL.
SO I JUST WANNA MAKE, UH, MAKE THAT CLEAR.
UM, THIS IS NOT THE FIRST ONE.
THE FIRST ONE, I THINK THERE WAS SOME QUESTIONS AND THAT'S WHY THE, UH, THE LANGUAGE WAS ADDED.
UM, SO I JUST WANTED TO MAKE SURE THAT THE RECORD
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WAS CLEAR THERE.SEEING NO FURTHER PUBLIC OR ANY PUBLIC, UH, INPUT ON THE ITEM.
I THINK I'M GONNA SUGGEST, UM, THE NEXT STEP, UH, AS I HOPE I MADE CLEAR AT THE BEGINNING.
THIS IS NOT THE INTRODUCTION OF THE LANGUAGE.
THIS IS NOT THE INTRODUCTION OF THE, UM, OF THE CHARTER AMENDMENT.
THIS IS RESOLUTION CHARTER AMENDMENT RESOLUTION.
IT IS NOT THAT THIS IS THE PUBLIC HEARING THAT NEEDS TO PROCEED THAT.
SO WE ARE NOT INTRODUCING THIS TONIGHT OR THIS MONTH.
UH, I WOULD LIKE, UH, TO ASK THE BOARD OF ELECTION SUPERVISORS AND THE TOWN ATTORNEY TO MEET, UH, BEFORE THE NOVEMBER TOWN MEETING.
UH, GIVE US PLENTY OF TIME BECAUSE AS, UH, COUNCILMAN LALO SAID, WE'RE NOT UNDER A TIME CRUNCH HERE.
THIS IN IS, IS NOT RELEVANT IN ANY WAY FOR THE MAY, 2027 TOWN ELECTION THAT THE BOARD IS BEGINNING TO PREPARE FOR.
AND THAT, UH, PRIOR TO THAT TO, UH, COUNSEL AND THE TOWN ATTORNEY AND THE SUPERVISORS WILL WORK OUT LANGUAGE, UM, FOR THE RESOLUTION IN NOVEMBER.
I THINK WE SHOULD EITHER ON IT, BASED ON THE ADVICE OF THE TOWN ATTORNEY, HOLD ANOTHER PUBLIC HEARING OR DO THE FIRST READER, UH, IF IT IS, UM, IF WE DETERMINE THAT THIS TONIGHT'S SEPTEMBER 10 PUBLIC HEARING IS SUFFICIENT, THAT THE LANGUAGE HAS NOT CHANGED TOO MUCH TO NECESSITATE ANOTHER PUBLIC HEARING, WHICH I KNOW IS, IS A LITTLE MORE ART THAN SCIENCE.
UH, AT THE NOVEMBER TOWN MEETING, WE WILL EITHER INTRODUCE, UH, ON FIRST READER, THE CHARTER MEMBER RESOLUTION, OR WE WILL HOLD ANOTHER HEARING AND THEN DO THE FIRST READER PERHAPS IN DECEMBER OR JANUARY, UM, DEPENDING ON WHERE WE ARE.
DOES ANYONE OBJECT? ANYONE ON COUNCIL OR THE TOWN ATTORNEY OR THE TOWN ADMINISTRATOR? OBJECT TO THAT PROPOSAL.
IF I CAN PUT, UH, THE SUPERVISORS ON THE SPOT.
DOES THAT SOUND AMENABLE TO THE BOARD OF ELECTION SUPERVISORS?
UH, AS THE MEANTIME, UH, THE CLERK WILL CONTINUE TO TAKE PUBLIC INPUT ON THIS CONCEPT OR SPECIFICALLY ON THE LANGUAGE AS ANYONE WOULD LIKE TO PROVIDE IT, UH, ALONG THE GUIDELINES OF THE PUBLIC HEARING.
ANYTHING FURTHER FROM COUNSEL AT THIS TIME? ANY FURTHER INPUT FROM THE PUBLIC? HEARING NONE, I HEREBY DECLARE THIS PUBLIC HEARING CLOSED.
WE WILL RECONVENE AT SEVEN 30 FOR THE REGULAR TOWN MEETING.