Government Operations Committee Considers Menstrual Products, Elections, and Property Policy - October 12, 2026

The Government Operations Committee of the City of Frederick met on October 12, 2026, to review several proposed ordinances and charter amendments. Topics included a mandate for free menstrual products in city-owned public restrooms, overhauls of the city's election system (open primaries, nonpartisan elections, and ranked choice voting), a potential change to the election cycle, and a right-of-first-refusal policy for nonprofits on city land sales. The meeting featured deliberation among council members and public testimony.

Discussion Items & Public Testimony

Menstrual Products Ordinance

• The committee reviewed a proposed ordinance requiring the City of Frederick to provide free and accessible menstrual products in city-owned public restroom facilities. The ordinance was drafted by Councilmember Kelly, modeled after existing laws in other jurisdictions. The committee noted that some city restrooms already have these products available.
• The committee voted unanimously (3-0) to move the ordinance to the full city council for consideration.

Election System Reforms (Open Primaries & Nonpartisan Elections)

• The committee discussed two potential charter amendments: creating an open primary system and establishing a nonpartisan election system.
• Councilmember Kelly expressed support for the concept of open primaries but acknowledged legal complexities regarding compelling parties to open primaries to unaffiliated voters. She presented the options as: do nothing, pursue open primaries, or switch to a nonpartisan system.
• Councilmember Atkins stated she was not in favor of open primaries, arguing it forces voters into a party or allows strategic cross-over voting.
• Councilmember Bram suggested that ending the primary system entirely and moving to a general election with ranked choice voting (RCV) could save money and increase voter focus. He questioned the benefit of retaining party labels next to candidate names if primaries are eliminated.
• Public commenter Jim Smersel noted the state law threshold for recognized political parties (10,000 signatures) and raised concerns about the definition of "principal political parties" in the context of an open primary.
• The committee agreed to await the upcoming Ranked Choice Voting presentation and input from the Board of Supervisors of Elections before forwarding any election reform proposals to the full council. Staff was asked to provide clarity on the legal barriers to open primaries.

Election Cycle Change

• Councilmember Frame proposed a charter amendment to change the city election cycle, suggesting an off-cycle election would focus attention on local issues rather than national or state-level politics.
• Councilmember Atkins and Councilmember Kelly both expressed a preference for keeping the current local cycle, accepting lower turnout in favor of voters more engaged with city-specific issues.

Nonprofit Right of First Refusal on City-Owned Property

• The committee discussed a potential charter amendment to require a right-of-first-refusal period for nonprofit organizations before the city can sell or dispose of surplus property.
• Councilmember Atkins requested the right be restricted to nonprofits based in Frederick County.
• Councilmember Bram asked about the specific process for the right of first refusal and the city council's role in property disposition. A 2012 resolution (12-02) was shared outlining the council's role, and the committee agreed to schedule a deeper dive into the document.
• Public commenter Jim Smersel recommended using "may" instead of "shall" in the property language and creating a standardized process for the nonprofit preview period.
• The committee decided to gather staff feedback and review existing procedures before advancing the amendment.

Key Outcomes

• Menstrual Products Ordinance: Approved (3-0) for full council consideration.
• Election Reforms: No vote. The committee will wait for the RCV presentation and Board of Elections feedback.
• Election Cycle: No vote. The committee majority preferred maintaining the current cycle.
• Right of First Refusal: No vote. The committee will review existing property disposition policies and gather staff input.
• Schedule: The October 26, 2026 meeting was canceled; the next meeting is consolidated with the November 2, 2026 session.