The Council adopted these rules under Section 116 of the Montgomery County Charter. Rule 2 allows the Council to amend the rules by resolution adopted by a majority vote during the first 90 days of a new Council or by two‑thirds of the Councilmembers in office at any other time.
The President may waive either or both forms of notice if a public health emergency requires immediate action on a regulation.
If severe weather conditions or another emergency requires the Council to postpone a hearing, the presiding officer may do so before the hearing is held without giving one or more of the notices required by this subsection. In that case, the President must readvertise the hearing as required by Rule 4 unless the original advertisement specified when and where a postponed hearing would be held.
The Council may postpone a vote on a motion to reconsider to a time certain, but not indefinitely.
The Council may postpone a vote on a motion to reconsider to a time, certain, but not indefinitely.
VOTING REQUIREMENTS
QUICK REFERENCE
The reference table on the following pages summarizes Council voting requirements in the Charter, various laws, the Council Rules, and other legal authority. This summary has not been adopted by the Council and is not part of the Rules.
KEY
RC | Roll call vote expressly required by law. |
RV | Roll call vote not expressly required by law but recorded vote used because action requires evidence in the minutes that a certain number of Councilmembers voted to take a certain action. |
O | Roll call vote not required. Any Councilmember may demand a roll call vote. (County Code §2-81) |
Majority | Majority of Councilmembers present and voting. |
Action | Votes required | Type of vote |
Legislation | ||
Regular legislation | 5 | RC |
Expedited legislation | 6 | RC |
Override of Executive Veto | 6 | RC |
Law authorizing individual CIP project | 5 | RC |
Law creating new department or agency | 6 | RC |
Law designating non-merit position | 6 | RC |
Extend expiration date of bill | Majority | O |
Withdraw bill | Majority | O |
Motion not to consider bill | Majority | O |
Land Use | ||
Zoning text amendment | 5 | RC |
Subdivision regulation amendment | 5 | RC |
Subdivision regulation amendment- | 6 | RV |
Executive veto override | ||
Master plan approval | Majority | O |
Master plan - extend time for Council action | 2/3 of members voting | RV |
Local map amendment | 5 | RV |
Local map amendment granting planned development (PD) zone with higher density than master plan recommendation | 6 | RV |
Sectional map amendment | 5 | RV |
Map amendment not on master plan (5 votes if Planning Board recommends approval) | 6 | RV |
Development plan amendment (6 voted in PD zone if density exceeds master plan recommendation) | Majority | O |
Budget | ||
Spending affordability guidelines | ||
Adoption | Majority | O |
Amendment | Majority | O |
Approval of budget that exceeds guidelines | 7 | RV |
Budget approval resolution | Majority | O |
Veto override - budget of Council, Fire & Rescue Commission, Fire Departments and Rescue Squads, Housing Opportunities Com'n, Montgomery College | 5 | RV |
Supplemental Appropriation | ||
Before January 1: |
||
To accept a grant or comply with law or regulation |
5 | RV |
For any other purpose |
6 | RV |
After January 1: |
5 | RV |
Special appropriation | 6 | RV |
Transfer appropriation | Majority | O |
Six-year program approval | 5 | O |
Capital Improvements Program (CIP) amendment | 6 | RV |
Special capital improvement project - emergency approval without legislation | 6 | RV |
Property tax rate for revenue to exceed limit in Charter §305 paragraph 4 | 9 | RV |
Resolutions | ||
Resolution (generally) | Majority | O |
Motion not to consider resolution | Majority | O |
Motion | ||
Motion(Generally) | Majority | O |
Suspend Council Rules of Procedure | 2/3 members in office | O |
Appointment | ||
Confirm Executive appointment | 5 | O |
Appoint board member | 5 | O |
Fill Executive vacancy | 5 | RV |
Fill Council vacancy | Majority | O |
Removal from Office | ||
Councilmember | 6 | RV |
Executive | 6 | RV |
Miscellaneous | ||
Disapprove Executive reorganization plan | 5 | RV |
Close meeting (Md. Cide, State Gov't Art. §10-508(d)(2)(i) requires "recorded vote".) | Majority | RV |
Amend Council Rules of Procedure | ||
During first 90 days of term | Majority | O |
After 90 days | 2/3 members in office | RV |