SB 72
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 72 (Senator McCray)
Judicial Proceedings Appropriations
Baltimore City - Members of the Command Staff of the Police Department -
Residency Requirements
This bill authorizes, beginning on or after January 1, 2022, the Mayor and City Council of
Baltimore to require members of the command staff of the Baltimore Police Department
(BPD), at the rank of colonel or deputy commissioner, to reside in Baltimore City. A local
law, ordinance, or policy enacted or adopted by the Mayor and City Council of Baltimore
City in accordance with the bill must include provisions (1) that provide an individual a
period of 120 days after the date of promotion to or hire for the rank of colonel or deputy
commissioner to begin to reside in Baltimore City; (2) that provide an exemption from the
local law, ordinance, or policy for a member who is promoted to the rank of deputy
commissioner if, on January 1, 2022, that member holds the rank of colonel; and (3) for
granting a waiver or exemption from the local law, ordinance, or policy for a member of
the command staff who is married to an individual employed by a governmental entity with
similar employee residency requirements. The bill applies prospectively.
Fiscal Summary
State Effect: None.
Local Effect: None. The bill is enabling in nature and does not materially affect local
finances.
Small Business Effect: None.
 Analysis
Current Law: Generally, a county or municipality may not require an employee to reside
in the State, county, or municipality or within a specified distance of the State, county, or
municipality as a condition of employment. This restriction does not apply to (1) an
elected official; (2) the head of a unit of a county or municipality who reports directly to
the chief administrative officer, an elected executive, or the governing body of the county
or municipality; or (3) the chief administrative officer of the county or municipality.
Chapter 776 of 2017 authorizes a county or municipality to require an at-will
supervisory employee to reside in the State, county, or municipality or within a specified
distance of the State, county, or municipality as a condition of employment if the at-will
supervisory employee reports directly to the head of a unit of the county or municipality.
In 2018, the Baltimore City code was amended to require every “official” to be a resident
and registered voter of the city at the time of appointment or within six months of
appointment. An official must remain a resident and registered voter of the city throughout
the official’s term of office. An official who fails to comply with the residency requirement
within six months of appointment is automatically terminated at the end of the six-month
time period. “Official” means (1) the head of an agency who reports directly to the Mayor
and (2) any at-will supervisory employee who reports directly to the Mayor or to the head
of an agency.
Background: Although BPD is a State agency, the State does not control the appointment
or removal of the police commissioner and is not responsible for providing funding for the
operations of the police department. However, the State retains the ability to amend the
law relating to the department in order to implement policy changes.
BPD advises that, if a local law, ordinance, or policy were enacted or adopted in accordance
with the bill, there are potentially six members of the department who would be required
to reside in Baltimore City. The overall number of members impacted could vary
depending on organizational changes or vacancies within BPD.
Additional Information
Prior Introductions: SB 43 of 2019, a similar bill, passed the House with amendments;
however, a conference committee was not appointed to reconcile the differences between
the two versions of the bill.
Designated Cross File: HB 1555 (Delegate Wells) - Appropriations.
SB 72/ Page 2
Information Source(s): Baltimore City; Department of Legislative Services
Fiscal Note History: First Reader - January 13, 2020
rh/lgc Third Reader - March 13, 2020
Revised - Amendment(s) - March 13, 2020
Analysis by: Shirleen M. E. Pilgrim Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 72/ Page 3