§ 66-4. Village council-Election; oath of office; vacancies.  


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  • (a) On the second Monday in May in the year 1923, and on the same date in every second year thereafter, an election shall be held in the village for the election of seven (7) members, each of whom shall be a registered and qualified voter of Montgomery County residing in the village, to be and constitute the "Friendship Heights Village Council" for the next succeeding two (2) years, and until their successors duly qualify, each of whom shall qualify on or before the fourth Monday in May thereafter by taking an oath, before an officer of the law duly commissioned to administer same, to diligently and faithfully discharge the duties of the office.
    (b) In case any such person so elected as village councilman fails to qualify within the time hereinbefore mentioned, or in case of any vacancy through death, resignation or otherwise, the county council shall fill the vacancy by the appointment of a registered and qualified voter of Montgomery County residing in the village, who shall hold office for the term or unexpired term.
    (c) The election of the village councilmen as herein provided, shall be held under and in accordance with the laws of the State of Maryland, but the returns thereof shall be made to the county council of Montgomery County.
    (d) All registered and qualified voters of Montgomery County residing in the village are eligible to vote at the elections; the election shall be conducted by at least four (4) judges of election and at least four (4) clerks, and whatever assistant judges and clerks as may be necessary, to be appointed by the village council, who shall serve with appropriate compensation.
    (e) The polls of the election shall be open from 7:00 a.m. to 8:00 p.m., on the second Monday in May as hereinbefore provided. However, the foregoing hours may be modified by the county council by resolution, upon request of the "Friendship Heights Village Council."
    (f) (1) The council may assign all or part of the duties of the secretary or treasurer, and such other duties as appropriate, to one or more employees or other designees of the village.
    (2) The council may appoint a village manager and designate that person's duties and responsibilities consistent with the provisions of this charter.
    (3) The council shall have the power to employ such other employees and to contract for professional services as it deems necessary to execute the powers and duties provided by this charter or other state law and to operate the village government.
    (4) No employee in the service of the village shall continue in such position after election to any public office in the village. (Mont. Co. Code 1965, § 66-4; 1914, ch. 131, § 4; 1922, ch. 343, § 4; 1974, ch. 242, § 1; 1975, ch. 779, § 1; 1994, ch. 81, § 1.)
    Editor's note-The above section is quoted in Hanrahan v. Alterman, 41 Md. App. 71, 396 A.2d 272 (1979).