§ 12. Qualifications and term of office of mayor and councilmen; oath of office; mayor to serve as president of council.

(a)

It shall be the duty of the Board of Election Supervisors to order an election to be held in the City of Cumberland in each even-numbered year on the first Tuesday after the first Monday in November commencing with the election to be held in November of 2002, at which elections the qualified voters of the City shall select a Mayor and/or two Councilmen, subject to the hereinafter set forth provisions.

1.

The term of the Mayor, who was elected on the third Tuesday of May in 2000 shall be extended until the first Monday in January, 2003.

2.

The terms of the two City Council members who were elected on the third Tuesday in May, 1998 by the qualified voters of the City shall be extended until the first Monday in January, 2003.

3.

The terms of the two City Council members who were elected on the third Tuesday in May, 2000, by the qualified voters of the City shall be extended until the first Monday in January, 2005.

(b)

The Mayor shall be not less than twenty-five (25) years of age at the time of his election and shall be a citizen of the United States, and for one (1) year immediately proceeding his election, a resident of the City of Cumberland.

(c)

Each of the said four councilmen shall be not less than twenty-one years of age at the time of his election and each shall be a citizen of the United States, and for one (1) year immediately proceeding his election, a resident of the City of Cumberland.

(d)

The Mayor shall, upon taking the prescribed oath of office before the Clerk of the Circuit Court for Allegany County, Maryland, hold office for a period of four years from the first Monday in January next succeeding his election and until his successor shall have been duly elected and qualified. Provided, however, that if the first Monday in January next succeeding the election of the Mayor be a public holiday, the term of office of the Mayor shall commence on the first regular business day following the first Monday in January.

(e)

At each regular municipal election, two Councilmen shall be elected and upon taking the prescribed oath of office before the Clerk of the Circuit Court for Allegany County, the two candidates receiving the highest and next highest number of votes in said regular election shall hold office for a period of four years from the first Monday in January next succeeding their election and until their successors have been duly elected and qualified. Provided, however, that if the first Monday in January next succeeding their election be a public holiday, the terms of office of the said Councilmen shall commence on the first regular business day following the first Monday in January.

(f)

In the event that any incumbent councilman or councilmen determine to become candidates for the office of Mayor in any election, either special or general, during their term of office, said councilman shall at the time of filing Statement of Candidacy submit to the Mayor and City Council his resignation, which said resignation shall become effective upon the first Monday in January next succeeding the election or first regular business day following said first Monday in January in the event of a holiday. In the event that said councilman withdraws his Statement of Candidacy in accordance with the provisions hereinabove set forth, the same shall be deemed to be a withdrawal of his resignation as councilman and said resignation shall be void and of no further effect.

In the event of the aforegoing, at the primary election voters shall be directed to vote for three candidates in the event of three vacancies occurring on the council, or four candidates in the event that there shall be four vacancies. In those instances where three vacancies would exist on the council, the six candidates receiving the highest number of votes in the primary for Council shall be placed on the ballot for the general election. In those instances where four vacancies would exist in the Council, the eight candidates receiving the highest number of votes shall be placed on the ballot in the general election. At the general election in the case of three vacancies on the Council, the candidates receiving the highest and second highest number of votes shall be elected for a term of four years, all in accordance with the provisions hereof; and the candidate receiving the third highest number of votes shall be elected to fill the unexpired term of the councilman resigning.

At the general election, in the case of four vacancies on the Council, the candidates receiving the highest and second highest number of votes shall be elected for a term of four years, and the candidates receiving the third and fourth highest number of votes shall be elected to fill the unexpired terms of the resigning councilmen.

No person may be a candidate for more than one (1) office.

(g)

The Mayor and each of said Councilman shall qualify as required by this Charter and the Constitution of the State within twenty days after the official announcement of his election or appointment, as the case may be, and in case of failure to do so, his office shall become vacant.

(h)

The Mayor shall serve as President of the Council.

(Acts 1922, ch. 96, § 12; Acts 1929, ch. 552; P.L.L. 1930, art. 1A, § 12; Acts 1947, ch. 215; Acts 1951, ch. 576, § 1; Acts 1953, ch. 524, § 1; Char. Amend. Res. No. 48, § 1; Char. Amend. Res. No. 59, § 1; Char. Amend. Res. No. 85, § 3, 4-8-82; Char. Amend. Res. No. 90, 9-8-83; Char. Amend. Res. No. 92, § 4, 1-5-84; Char. Amend. Res. No. 121, §§ 1, 2, 8-31-99; Char. Amend. Res. No. 124, §§ 1—4, 1-15-02)

Editor's note

Acts 1929, ch. 552 was subject to a referendum. It was approved by the voters in November 1930 by a vote of three thousand two hundred forty-seven (3,247) for and five hundred thirty-five (535) against.