EMMITSBURG, Md. –Mayor James E. Hoover has rescinded his attempted veto of the board of commissioners’ decision to amend the town charter, allowing a fifth commissioner and removing the mayor’s ability to vote as a member of the board.

According to board President Christopher V. Staiger, the mayoral veto was rescinded because state regulations prohibit the head of the executive body from vetoing approved charter changes. The mayor’s veto was issued Jan. 24; the notice that the veto was being rescinded was sent out Jan. 26.

A special meeting of the board of commissioners set for Feb. 1 to discuss an attempt to overturn the mayoral veto has been cancelled.

In a memo to the staff and commissioners, Mayor Hoover stated, “After further staff review and verification with the town attorney, state law prohibits me from vetoing a charter resolution. Therefore, my veto of Resolution 2006-01R is hereby rescinded.”

As a result, the only way to reverse the board’s decisions approving the fifth commissioner and nullifying the mayoral vote on the board would be a petition for a referendum, which would allow residents to decide.

Because adding a fifth commissioner requires a change in the town charter, residents have 40 calendar days to challenge the decision by filing a petition for referendum, forcing the issue to a public vote if enough signatures were gathered. If no such objection occurs within 40 days, the change will go into effect on the 50th calendar day from passage, in time for the seat to be open for the town’s April 25 election.

The board of commissioners had voted 4-0-1 at the Jan. 18 town meeting, Hoover abstaining, to amend the town charter to allow for the creation of a fifth commissioner seat on the board. And in a 5-0 vote, the board and mayor voted to amend the law to remove the ability of the mayor to vote as a member of the board of commissioners.

The mayor vetoed both actions on Jan. 24. Hoover said his reasons included the “lack of response” from board members when asked “how they thought amending the charter would change the role of the mayor,” and because the issue of when the fifth commissioner would be elected was not addressed at the final vote.

Board President Christopher V. Staiger told The Dispatch Jan. 25, “I got the feeling after the meeting the veto was impending. My goal was to remove some of this controversy. My opinion has always been the complications came from the (original) revisions to the charter (when the mayoral powers were inserted).”

“If we want a fifth vote to avoid tie votes, the way to do it is to have a fifth commissioner. We are even increasing the threshold of the votes necessary to overturn a veto. In the end all power is invested in the town council.” Staiger said.

The mayor had said that he chose to use his voting power under the charter to break ties and to increase the board’s efficiency in conducting town business.