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Designating the City Attorney as the Resident Agent for the City of Annapolis
For the purpose of designating the City Attorney as the resident agent for the City of Annapolis in accordance with Local Government Article § 1-1301 of the Annotated Code of Maryland.
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City Council of the
City of Annapolis
Charter Amendment Resolution 4-26
Introduced by: Mayor Littmann
Co-sponsored by:
Referred to: Rules and City Government Committee
A CHARTER AMENDMENT RESOLUTION concerning
Designating the City Attorney as the
Resident Agent for the City of Annapolis
FOR the purpose of designating the City Attorney as the resident agent for the City of Annapolis in accordance with Local Government Article § 1-1301 of the Annotated Code of Maryland.
BY amending the following portions of The Charter of the City of Annapolis, 2025 Edition: The Charter, Article V, Section 4.
WHEREAS, Pursuant to Local Government Article (“LG”) § 1-1301(c) of the Maryland Annotated Code (“Md. Code Ann.”), the City of Annapolis (the “City”) shall have a resident agent who is a resident of the State; a Maryland corporation; or, an officer of the City; and
WHEREAS, Pursuant to Md. Code Ann., LG § 1-1301(d), the City may change its resident agent by filing for record with the State Department of Assessments and Taxation (“SDAT”) either a certification of the person who the City Charter authorizes to accept service of process for the City or, absent such a charter designation, a certified copy of a City Council resolution that authorizes the designation; and
WHEREAS, The City Council desires to amend the City Charter to designate the City Attorney, an officer of the City, as the resident agent for the City, thereby authorizing the City to change its resident agent by certifying the name of the City Attorney to SDAT without needing to adopt a separate resolution following the appointment of the City Attorney.
SECTION I: BE IT RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the City Charter of the City of Annapolis shall be amended to read as follows:
THE CHARTER
Article V - MAYOR
Section 4. Office of law.
(a) There is established an office of law. The office of law shall be supervised by the general counsel for the city who shall be known as the city attorney. The city attorney shall be appointed on the basis of his or her knowledge of municipal law and administration, shall be a member in good standing of the Bar of Maryland, shall have been actively engaged in the practice of law in the state of Maryland for at least five (5) years, and shall not maintain a private practice except to the extent authorized by the city council.
(b) The city attorney shall be the resident agent for the City of Annapolis and shall have additional powers and duties as set forth in the city code.
SECTION II: BE IT RESOLVED BY THE ANNAPOLIS CITY COUNCIL that pursuant to Local Government Article § 4-304(a)(2) of the Annotated Code of Maryland:
1. The City Council conducted a public hearing on the proposed charter amendment on [Date].
2. Notice of the public hearing regarding the proposed charter amendment was published on [Date], providing residents of the City of Annapolis with at least 21 days' advance notice.
SECTION III: AND BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the Mayor of the City of Annapolis shall, in accordance with Local Government Article § 4-304(b) of the Annotated Code of Maryland:
1. Post an exact copy of this Charter Amendment Resolution at City Hall for 40 days following its adoption;
2. Publish a fair summary of the proposed amendment in a newspaper of general circulation in the City of Annapolis at least four times, at weekly intervals, within 40 days after the Charter Amendment Resolution is adopted; and
3. Maintain proof that the requirements above were carried out and provide any information concerning this Charter Amendment Resolution to the Maryland Department of Legislative Services in accordance with applicable law.
SECTION IV: BE IT FINALLY RESOLVED BY THE ANNAPOLIS CITY COUNCIL that this Charter Amendment Resolution shall take effect 50 days after its adoption unless a petition for a referendum on the proposed amendment is submitted to the City Council in accordance with Local Government Article § 4-304(c) of the Annotated Code of Maryland.