In accordance with with Maryland Statute §4–304, there will be a public hearing on April 27, 2026 at 7pm at Town Hall to discuss a proposed amendment to the Town Charter that would change the Town’s borrowing power (see copy of the Public Notice at bottom of page).
However there is some question as to which version of the Town Charter is in effect.
Immediate Issue: Which version of the Vienna Town Charter is being Amended?
Version 1: The Town of Vienna Charter is posted on the State of Maryland website. This version appears to have been last updated in 2018 (with most pages reflecting updates on 11/11 update).
Version 2: The 2023 Resolution to Amend the Charter was passed by Vienna Town Commissioners in 2023, but its changes are NOT reflected on the State of Maryland website. Charter amendments must comply with Maryland Statute §4–304. The proposed amendments relate to elections and include:
- to change Commissioners’ terms from 2 to 4 years
- “a person shall not be able to serve as Mayor until serving one full term (four years) as Commissioner”
Under either version, the Town has 3 Commissioners: two elected on even-numbered years, one in odd-numbered years. The Commissioner who is elected in odd-numbered years automatically serves as the Mayor.
Tentative Conclusion: Do we need to have an election?
It cannot be confirmed that any of the 2023 changes are in effect. If this is true, that likely means that the Town of Vienna Charter posted on the State of Maryland website is the one currently in effect. If so, all three Commissioners are still serving only two-year terms. Failure to hold an election would mean that any actions taken by Commissioner Cusick and Commissioner Fluharty would be on expired terms, making those actions by the Commissioners illegitimate and exposing the town to lawsuit. Therefore:
- Vienna needs to elect two Commissioners on May 4, 2026.
- This requires 7 days’ public notice (by April 27).
- Since the normal filing deadline for candidates of April 24th (10 days prior to the election) has passed, there needs to be an extension – like to April 30th.
History of Adoption Pathway for 2023 Election Charter Amendments
Here is the history of the proposed 2023 Charter Amendments from the available meeting minutes:
- 1/9/23:
- Committee Reports: Planning Commission (PC): Request by Commissioners to research: Serving as a Commissioner before Mayor. No research. Change of charter would be required. 2 years to 4-year appointment.
- New Business: F. Charter Change- Commission term- 2 years to 5 years. Tabled for discussion.
- 1/23/23:
- New Business: A. Charter Change– Motion by Commissioner Fluharty to require anyone running for mayor to have served at least one term as a commissioner. Second by Commissioner Cusick. Ayes have it. Motion carried. Motion by Commissioner Cusick to change terms of commissioners from two to four years. Second by Commissioner Fluharty. Motion Carried. Change in charter will be required for both changes. Also review charter for any other changes.
- 2/13/23:
- New Business: A. Charter Change– Motion by Commissioner Fluharty to require anyone running for mayor to have served at least one term as a commissioner. Second by Commissioner Cusick. Ayes have it. Motion carried. Motion by Commissioner Cusick to change terms of commissioners from two to four years. Second by Commissioner Fluharty. Motion Carried. Change in charter will be required for both changes. Also review charter for any other changes.
- 2/27/23:
- Old Business: G. Charter Changes- reach out to Pete Golba to see if he can assist with charter changes.
- 3/13/23:
- Old Business: G. Charter Changes- Pete Golba requested letter for permission to handle business for the Town of Vienna. Completed and
- 4/10/23:
- Old Business: G. Charter Changes- Pete Golba will proceed with changes to the charter. Tabled until next meeting.
- 5/8/23:
- Old Business: G. Charter Changes- Pete Golba will proceed with changes to the charter. Tabled until next meeting.
- 5/22/23:
- Old Business: G. Charter Changes- Motion by Commissioner Cusick to have Pete Golba proceed with the charter changes. *Changing elected terms from 2 years to 4 years and to run as Mayor must have had to serve at least one term as a commissioner*. Second by Commissioner Fluharty. Ayes have it. Motion carried.
- 7/10/23:
- New Business: D. Draft Resolution-Charter Change Review-Election-Motion by Commissioner Cusick to adopt the charter change resolution drafted by lawyer Pete Golba. Second by Mayor Travers. Motion carried.
- 11/27/23:
- Old Business: J. Charter Amendment- Change election terms from 2 years to 4 years. Advertised consecutive weeks in the local paper. After 50 days if nobody challenged it via referendum, the Mayor shall send the Charter Amendment to the Department of Legislative Services as it takes effect after 50 days.
- 12/11/23:
- Old Business: H. Charter Amendment- Change election terms from 2 years to 4 years. Advertised consecutive weeks in the local paper. After 50 days if nobody challenged it via referendum, the mayor shall send the Charter Amendment to the Department of Legislative Services as it takes effect after 50 days.
- 1/8/24:
- Old Business: H. Charter Amendment- Change election terms from 2 years to 4 years. Advertised consecutive weeks in the local paper. After 50 days if nobody challenged it via referendum, the mayor shall send the Charter Amendment to the Department of Legislative Services as it takes effect after the 50 days. Will be in effect for the upcoming May election.
- 4/8/24:
- New Business: Election-May 6th-two commissioners-last date to signup-April 26th.
- 4/22/24:
- New Business: Election May 6- Two Commissioners for a 4-year term. Deadline to register 4/26 at close of business day.
- 5/13/24:
- New Business: Election Results- Incumbent Greg Cusick-39,Incumbent Frank Fluharty-24,Sam Abey-23 and Derick Sabreda-5. The newly elected commissioners will serve a four-year term. 2024-2028
Public Notice for Proposed Borrowing Power Charter Amendment
