After more than a year of debates, intense discourse and campaigning, the vote to potentially switch Charles County to a new form of government is less than a month away.
On Nov. 5 — or sooner for those who vote by mail or participate in early voting from Oct. 24 to 31 — Charles voters will walk into the polls and see Question A, which reads, “A proposal to adopt the Charter as proposed by the Charles County Charter Board which would change the form of Charles County Government from Code Home Rule to a Charter form of Government. Voting ‘For the Charter’ would adopt the Charter and change the form of Charles County Government. Voting ‘Against the Charter’ would keep the current Code Home Rule form of government.”
Whether citizens are for or against a switch to charter form of government, being informed in what a charter offers versus the current system of code home rule is critical.
Split beginningsOn March 21, 2023, the Charles County commissioners voted 3-2 to explore the possibility of switching to charter government, nearly a decade after the same question was shot down in the 2014 general election.
Throughout the charter process, nearly every related vote from the commissioners ended in the same 3-2 result, with Commissioner President Reuben Collins II (D), Commissioner Thomasina “Sina” Coates (D) and Commissioner Ralph E. Patterson II (D) voting in favor and Commissioner Amanda Stewart (D) and Commissioner Gilbert “BJ” Bowling (D) voting no.
“I just think it’s a tremendous opportunity for the public to actually weigh in on what type of government they’d like to see,” Collins told Southern Maryland News at the start of the charter process.
Now, it rests in the hands of voters to decide the future of Charles County. If the charter is voted in, it will take effect in 2026.
What’s in the charter?Under the current system of government in Charles County, called code home rule, five commissioners act as the legislative and executive branches of the government.
The role of a commissioner is officially a part-time job.
The most notable change of switching to charter would be the establishment of a county executive.
An elected county executive would be a full-time top authority who will potentially oversee and execute county laws. The county executive is prohibited from having other full-time employment.
The executive would have numerous duties under the charter, including supervising boards and commissions to ensure the faithful completion of duties, submitting the county budget to the county council and recommending legislative action to the council.
Four county council members would be elected by district, and one county council member would be voted on at large by the entire county. Council members, who would act as the legislative body, would be permitted to hold other full-time employment while serving.
Greg Waring, the chairperson of the now-dissolved charter board that crafted the new charter document, said at a presentation that the charter includes term limits for the county executive and county council members, attendance requirements for the county council and ways for citizens to potentially trigger the removal of a council member if guidelines are not met, language that requires the county executive to be a full-time job and public engagement requirements for the county executive and council.
“If the council passes a law, the executive can veto it,” Waring said to give an example of checks and balances included in the document. “If the council feels that law should still move forward, with a super majority they can override [the veto].”
An inspector general is perhaps one of the most important roles that would be established under the charter.
The inspector general’s job would be to act as a watchdog, preventing and detecting fraud, waste and abuse in government activities, the charter says.
Other duties of the proposed inspector general include reviewing the effectiveness and efficiency of programs and operations of county departments and proposing ways to increase the legal, fiscal and ethical accountability of county departments and agencies.
Jake Dyer, the county’s acting director of fiscal and administrative services, gave a presentation on the potential extra costs for a charter form of government, estimating it would be between $1.2 million and $1.6 million per year. Those figures do not include any potential building costs associated with new offices.
Deborah Hall, the acting county administrator, said at a July 9 commissioners meeting, “If you were to go to charter and it passes in November, I literally have two years to try and find a space for a county executive in this facility. Could I purchase us a new building in two years and get us into a new building in two years? It’s doubtful that I could do that.”
A project discussed in that meeting would run the county nearly $4.9 million to convert the auditorium into a mixed-use space.
“There are a number of ways to do it that don’t cost $4.9 million,” Waring said to Southern Maryland News. “Renovating the auditorium for hybrid was a very misleading conversation at the commissioner meeting because that estimate was tricked out, all the bells and whistles estimate of the auditorium that included a new second-floor addition. If the county needs to simply make the auditorium hybrid ready with the appropriate [audio and visual equipment], it’s not $4.9 million.”
Will there be a police department?The charter document, as written, does not make any provision for a police department, but one of the greatest controversies of the charter is the power of the executive to create a police department without going back to the ballot.
Could this scenario happen?
The answer given by Wes Adams, the county attorney, at the Sept. 17 meeting of the Charles County commissioners is a technical and complicated “yes.”
A variety of hoops would need to be jumped through for the scenario to actually happen, including state legislation to go through to remove a local article prohibiting Charles County from having an independent police force. The sheriff’s department currently is the only authorized police force in the county in a charter or code home rule form of government.
“If that provision were removed, under the county executive’s authority, the county executive could any time alter, adjust, modify or in any manner change the structure, functions, powers and duties of any department, agency or office under the executive’s control,” Adams said on Sept. 17. “There would be no prohibition under the charter that would prohibit a county executive from creating the concept of a police force.”
Besides needing legislation from Southern Maryland’s delegates to remove the provision, another issue arises — funding a police department.
The county council would be the body that has to approve the funding of a police department when the executive submits the budget. The council members could simply vote against that funding.
Who supports the charter?On Aug. 26, the Charles County chapter of the NAACP shared its endorsement of switching the form of government to charter through a press release.
“One of the most critical issues facing our county is a lack of transparency and accountability within our fire and rescue department,” the statement reads. “With a charter government, we would have the ability to enact local laws and policies tailored specifically to the needs of Charles County, rather than relying solely on state-level legislation that may not fully address our unique challenges.”
“This change will create a system where every resident’s voice is heard and every public servant is treated with the respect and fairness that they deserve. We encourage all citizens to vote in favor of this critical change,” Dyotha Sweat, president of the Charles County NAACP, said in her chapter’s endorsement.
On the other side, Charles County’s volunteer law enforcement and EMS have taken a strong stance against charter since late August, when the association posted a release saying, “Charter vests too much authority in one person — the county executive. The overall document contains too many ‘pass it before you know it’ or ‘pass it before we know how much it costs’ risks to each and every one of us.”
Volunteer fire departments across the county have been displaying “No to charter” on their signs since the official stance came down.
The Fraternal Order Police Lodge #24 — Charles County’s lodge — has come out against the potential government switch on its social media platforms.
On Aug. 29, the lodge posted a statement saying, “We like that code home rule has five people who work full time in the community and then have to work together to make decisions about the direction of the county. A full-time politician will be exactly that, a full-time politician.”
“I just want to make sure the county knows what’s going on,” Patterson said at a recent town hall. “[Charter] is not going to solve all of life’s problems … but it is a form of government I think is going to be representative of all the people.”
“I do think there is some fear parts of Charles County will lose their voice because of the new government, and I think that’s why you also see some of that on the less populated side, less representation,” Waring said in a call with Southern Maryland News. “I get why they fear that … the way charter is set up, I think there’s some protections for them.”
Collins said on July 23, “No matter what side of the aisle, which side of this issue you’re on, at the end of the day, it encouraged community engagement. Within this timeframe, our residents probably learned more about their form of government than they ever had.”
To view the entire 36-page charter document and other related information, go to www.charlescountymd.gov/charter.
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