Prince George's Cnty. v. Thurston

• Decision Date: 13 July 2022
• Docket Number: 63, Sept. Term, 2021
• Citation: 479 Md. 575,278 A.3d 1251
• Parties: PRINCE GEORGE'S COUNTY v. Robert E. THURSTON Jr., et al.
• Court: Court of Special Appeals of Maryland

479 Md. 575

278 A.3d 1251

PRINCE GEORGE'S COUNTY

v.Robert E. THURSTON Jr., et al.

No. 63, Sept. Term, 2021

Court of Appeals of Maryland.

July 13, 2022

Argued by Rosalyn E. Pugh(The Pugh Law Group, LLC, Upper Marlboro, MD) and Rajesh A. Kumar, PrincipalCounsel(Largo, MD), on brief, for Appellant.

Argued by Timothy F. Maloney(Samuel P. Morse, Joseph, Greenwald & Laake, P.A., Greenbelt, MD; Matthew G. Sawyer, The Law Offices of Matthew G. Sawyer, LLC, Rockville, MD), on brief, for Appellees.

Argued before^*Getty, C.J., Watts, Hotten, Booth, Biran, Gould, Robert N. McDonald(Senior Judge, Specially Assigned) JJ.

Getty, C.J.

A "resolution," in the legislative context, can mean many things.In the halls of the United States Congress, there exist three forms of resolutions: joint, concurrent, and simple.¹On State Circle in Annapolis, the Maryland General Assembly employs resolutions in similar fashion: joint resolution, simple resolution, and resolution.²Each of these legislative tools serve a distinct purpose ranging from expressing appreciation or congratulation to embracing matters of substance and public policy.In Prince George's County, there exists only one kind: a "resolution," defined in the Charter for Prince George's County("Charter") to "mean a measure adopted by the [Prince George's County] Council having the force and effect of law but of a temporary or administrative character."Art. X, § 1017(c).

In this case, as we shall explain, the Prince George's County Council("Council") appointed the Prince George's County2021Redistricting Commission("2021 Commission") to prepare and propose a councilmanic redistricting plan following receipt of the 2020 federal decennial census data.The 2021 Commission transmitted its proposed plan and report to the Council on September 1, 2021.The Council, after considering the 2021 Commission's plan, attempted to enact an alternative redistricting plan using a resolution.See CR-123-2021("Council Resolution 123").³Robert E. Thurston, Jr. and others ("Respondents") challenged Council Resolution 123 in the Circuit Court for Prince George's County.The circuit court invalidated the measure and Prince George's County("County") noted an appeal.

We hold that, for the Council to enact a councilmanic districting plan different from the plan proposed by the appointed redistricting commission, Article III, § 305 of the Charter requires the Council to use a "bill" and pass a "law."The Council is prohibited from enacting an alternative redistricting plan by resolution.Therefore, because the Council passed no other law changing the 2021 Commission's proposal, the 2021 Commission's plan became effective by operation of law on November 30, 2021.

BACKGROUND

A.Charter for Prince George's County

Pursuant to Article XI-A of the Constitution of Maryland(the "Home Rule Amendment"), the citizens of Prince George's County adopted a charter form of government in November 1970.⁴Md. Const. art. XI-A, § 2("The General Assembly shall by public general law provide a grant of express powers for such County or Counties as may thereafter form a charter under the provisions of this Article.").

The Charter is divided into twelve articles, each of which addresses a different aspect of County government.Article III governs the legislative branch—the Council.The Council is composed of eleven members, nine of whom are elected from geographic districts, and two of whom serve as at-large members.Prince George's County Charter, Art. III, §§ 301; 304.

1.General Provisions

The Council "shall enact no law except by bill."Prince George's County Charter, Art. III, § 317.A "bill," as defined in the Charter, "mean[s] any measure introduced in the Council for legislative action."Id. at Art. X, § 1017(a).The Charter also refers to a "bill" that has been enacted in conformance with the Charter as either an "act,""ordinance,""public local law," or "legislative act."Id. at Art. X, § 1017(b).By contrast, a "resolution" is defined as "a measure adopted by the Council having the force and effect of law but of a temporary or administrative character."Id. at Art. X, § 1017(c).The Charter defines "law"

as including all acts, public local laws, ordinances, and other legislative acts of the Council, all ordinances and resolutions of the County Commissioners not hereby or hereafter amended or repealed, and all public general laws and public local laws of the General Assembly in effect from time to time after the adoption of this Charter, whenever such construction would be reasonable.

Id. at Art. X, § 1017(d).

2.Redistricting Procedure

Every ten years, following the release of the federal decennial census data, the councilmanic districts are redrawn.When councilmanic redistricting coincides with Maryland's quadrennial election in the second year of a decade—for example, 2022—the geographic districts remain in effect for three full county election cycles—2022, 2026, and 2030.Following the 2020 decennial census, and after "COVID-19-related delays," the United States Census Bureau released the results to the fifty states on August 12, 2021.⁵In Prince George's County, this new census data provided the basis for redistricting in this case.

Article III, § 305 of the Charter⁶ sets out a redistricting procedure by which councilmanic districts are redrawn to be "compact, contiguous, and equal in population."

By February 1 of the year before redistricting becomes effective, the Council must appoint a "commission on redistricting."Art. III, § 305.The central committee of each political party that polled at least fifteen percent of the total vote cast in the preceding regular Council election may propose five names to the Council for appointment to the redistricting commission.Id.The redistricting commission is then composed of two members from each list and one additional member appointed by the Council to serve as chairman.Id.

By September 1 of the year before redistricting becomes effective, the redistricting commission "shall prepare, publish, and make available a plan of Council districts and shall present that plan, together with a report explaining it, to the Council."Prince George's County Charter, Art. III, § 305.After the Council receives the redistricting commission's plan, it must hold a public hearing.Id.The public hearing must occur no less than fifteen calendar days, and no more than thirty calendar days, after the Council receives the plan.Id.

"If the Council passes no other law changing the proposal, then the plan, as submitted, shall become law, as of the last day of November, as an act of the Council, subject to Sections 320and321 of [the] Charter."Prince George's County Charter, Art. III, § 305.In 2012, the citizens of Prince George's County ratified an amendment to § 305, adding a single sentence to the conclusion of § 305: "Such law shall be adopted by resolution of the County Council upon notice and public hearing."Id.;seeCB-55-2012.

B.Prince George's County Council2022 Redistricting

In the Council election immediately preceding the regular election, only the Democratic Party polled at least fifteen percent of the total vote cast.Therefore, in accordance with § 305, only one central committee—the Prince George's County Democratic Central Committee("Democratic Central Committee")—proposed a list of names to be considered for appointment to the 2021 Commission.⁷The Democratic Central Committee proposed a list of five names to the Council.By resolution on January 28, 2021, the Council appointed three individuals to the 2021 Commission—David C. Harrington and Dr. Charlene Dukes, from the Democratic Central Committee's list, and Rev. James J. Robinson as Chair.See CR-006-2021, at 1; App'x A.

The 2021 Commission conducted eleven public meetings, held two public hearings, gathered public input using electronic outreach efforts, and created a redistricting website that contained information on the redistricting process, timelines, agendas, meeting minutes, census data, public comments, briefings, preliminary plan proposals, and final plan proposals.SeeCR-123-2021, at 1–2.On September 1, 2021, the 2021 Commission transmitted its redistricting plan and accompanying report ("2021Commission Plan and Report") to the Council.SeePlan and Report , Prince George's County2021Redistricting Commission, https://pgccouncil.us/DocumentCenter/View/6648/2021-Redistricting-Commission-Report, archived at https://perma.cc/7854-45YM.

The Council considered the 2021Commission Plan and Report during a public hearing on September 28, 2021.See CR-123-2021, at 2.Following the public hearing, on October 12 and October 14, 2021, the Council conducted public work sessions to consider the 2021Commission Plan and Report and create an alternative redistricting plan.Seeid.The Council, sitting as the Committee of the Whole,⁸ received and favorably voted its alternative plan out of committee on October 14, 2021.Seeid.The Council amended the alternative plan on October 19, 2021 and introduced the same plan in two forms: CB-115-2021("Council Bill 115") and Council Resolution 123.As reflected in the Council's October 19, 2021 Meeting Minutes, "[t]he Chair announced that [Council Bill 115] was removed from the agenda as not necessary due to the introduction of [Council Resolution 123.]"The Council took no further action on Council Bill 115.

After a public hearing on November 16, 2021, the Council adopted Council Resolution 123 by a six-to-three vote.Council Resolution 123 directed the Clerk of the Council to transmit a copy of the councilmanic districting plan contained therein to the Prince George's County Board of Elections.

C.Proceedings in the Circuit Court for Prince George's County

Respondents sought a Temporary Restraining Order and Preliminary Injunction to enjoin the use of Council Resolution 123 by filing a complaint titled "(Emergency) Verified Complaint for Declaratory Judgment and Writ of...