ALLEGANY COUNTY

LEGISLATIVE BRANCH

BOARD OF COUNTY COMMISSIONERS

ORIGIN & FUNCTIONS


[photo, County Office Building, 701 Kelly Road, Cumberland, Maryland] From Allegany County's creation in 1789 until 1829, the General Assembly enacted legislation for the County. With the establishment of the Board of Commissioners in 1829, the Board has had the authority to act in a legislative capacity only with express prior consent from the General Assembly.


County Office Building, 701 Kelly Road, Cumberland, Maryland, July 2006. Photo by Diane F. Evartt.


EXECUTIVE FUNCTIONS

Early executive functions in Allegany County focused on the levying and collection of taxes.

County Court. In 1789, the first year of Allegany County’s formation, the County Court Justices were authorized to assess County charges and levy taxes, which were collected by the Commissioners of the Tax.

Levy Court. By the Court Reform Law of 1790 all nonjudicial powers transferred from the County Court to the Levy Court, thereby empowering the Levy Court to assume the executive functions of County Government (Chapter 62, Acts of 1790). So authorized, the Levy Court began to assess County charges and levy taxes; adjust ordinary County expenses; appoint tax collectors, constables, road overseers, and commissioners; and contract for builders to repair buildings and bridges.

From 1790 to 1799, the Levy Court met in Cumberland on the south side of Green Street at Abraham Faw’s Tavern. Thereafter, the Levy Court met at the first County Courthouse, which was built in 1799.

Originally, five members constituted the Levy Court. They were appointed by the Governor from the County Justices of the Peace. A ten-member Board of County Commissioners replaced the Levy Court in 1830 (Chapter 25, Acts of 1829). Furthermore, the Constitution of 1851 abolished Levy Courts statewide, and transferred their functions to county boards of commissioners (Const. 1851, Article VII, sec. 8).

LEGISLATIVE FUNCTIONS

Board of County Commissioners. In 1830, the voters of Allegany County elected a ten-member Board of County Commissioners to replace the Levy Court and assume its executive and certain legislative duties (Chapter 25, Acts of 1829). Chosen from Allegany's nine election districts, the Board's commissioners were elected to two-year terms. Each district elected one commissioner, except for District 6 which elected two. Lawmakers soon discovered an oversight in the original law: Allegany's Board of County Commissioners had neglected to design a required corporate seal. Accordingly, the General Assembly authorized and directed the creation of a seal, to "give validity" to the Commissioners' acts in office (Chapter 72, Acts of 1831).

Perhaps the inequity of having a ten-member Board, but only nine election districts, necessitated redistricting. So, in 1832, the General Assembly passed a constitutional amendment, allowing for "certain alterations and changes" to be made in County districts (Chapter 252, Acts of 1832, confirmed by Chapter 8, Acts of 1833). A new election district was added in 1836 (Chapter 44, Acts of 1835, confirmed by Chapter 2, Acts of 1836).

Under the Constitution of 1851, the General Assembly allotted Allegany County three county commissioners (Chapter 372, Acts of 1853). In 1854, the County was given two more county commissioners, bringing the total number to five (Chapter 297, Acts of 1854).

With a constitutional amendment in 1922, the term for commissioners in all counties was set at four years (Chapter 227, Acts of 1922).

Today, the Board of County Commissioners consists of three members who are elected by the voters to four-year terms. From among its members, the Board selects the Chair for a four-year term.


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