MFP Item 1
November 22,2010
Worksession
MEMORANDUM
TO:
FROM:
SUBJECT:
Management and Fiscal Policy Committee
Robert H. Drummer, Senior Legislative
Attomey~
Worksession:
Bill 49-10, Personnel and Human Resources - Organ Donor Leave
Bill_ 49-10, Personnel and Human Resources - Organ Donor Leave, sponsored by
Councilmember Knapp and Vice President Ervin, was introduced on September 28, 2010. A
public hearing was held on October 26.
Background
The Bill would grant County employees additional paid leave to serve as an organ donor.
An employee would be entitled to receive up to 7 days to serve as a bone marrow donor and up
to 30 days to serve as an organ donor. Donating bone marrow or an organ is a personal sacrifice
that can save a life. There is a shortage of bone marrow and organ donors. This Bill would
make it easier for a County employee to serve as an organ donor.
In 2000, the General Assembly enacted a similar law providing organ donor leave for
State government employees, now codified at Md. Code State Personnel and Pensions Art. §9­
1106. See ©4. The Organ Donor Leave Act, enacted in 1999, provides additional leave for a
Federal government employee who serves as an organ donor. President Clinton's statement on
signing the law is at ©5.
Public Hearing
There were no speakers at the October 26 public hearing.
Issues
1.
What is the fiscal and economic impact of the Bill?
The OMB concluded that the Bill would not have a significant economic impact on the
County. See ©6. OMB was unable to project a fiscal impact due to the inability to estimate the
number of hours of this new type ofleave that County employees would use. OMB did estimate
that the cost of 1000 hours of organ donor leave would be $35,970. See ©6.
2. Can the Council enact a law providing a benefit to represented employees outside of
collective bargaining?
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Organ donor leave is a mandatory topic of collective bargaining under each of the County
collective bargaining laws because it is an employee benefit. To date, it has not been negotiated
as part ofa collective bargaining agreement by any of the County employee unions.
The Council has the legal authority to enact a law affecting a mandatory topic of
collective bargaining outside of the collective bargaining process. Charter § 101 vests all of the
County's legislative powers in the County Council:
All legislative powers which may be exercised by Montgomery County under the
Constitution and laws of Maryland, including all law making powers heretofore
exercised by the General Assembly of Maryland but transferred to the people of
the County by virtue of the adoption of this Charter, and the legislative powers
vested in the County Commissioners as a District Council for the Montgomery
County Suburban District, shall be vested in the County CounciL ... (emphasis
added)
Charter §510 authorizes the Council to enact a collective bargaining law with binding
arbitration for police officers. §51OA does the same for career fire fighters, and §511 authorizes
the Council to enact a collective bargaining law for other County employees. The Council
enacted a separate collective bargaining law under each of these Charter amendments (Police:
County Code §§33-75 through 33-85; County employees: County Code §§33-101 through 33­
112; Fire and Rescue employees: County Code §§33-147 through 33-157). Each collective
bargaining law provides that the Executive, as the employer, must bargain with the certified
employee representative over certain mandatory topics of bargaining. Under each law the
Council must approve -- and retains the authority to reject -- any term or condition of a collective
bargaining agreement that requires an appropriation of funds or enactment, repeal, or
modification of a County law or regulation. In none of these laws did the Council delegate its
legislative power to enact and amend County legislation. The Executive has a duty under
each collective bargaining law to bargain with a certified employee representative; the Council
does not.
3. Should the Council enact a law providing organ donor leave for represented employees
outside of collective bargaining?
Organ donor leave is unlikely to have a significant fiscal impact on the County. To the
extent that this benefit will encourage County employees to serve as an organ donor, the Bill
would provide a public service to County residents. Council staff recommendation: enact the
Bill as introduced.
This packet contains:
Expedited Bill 49-10
Legislative Request Report
Md. Code SPP
Art.
§9-1106
President Clinton's Statement
Fiscal Impact Statement
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Bill No.
49-10
Concerning: Personnel
and
Human
Resources - Organ Donor Leave
Revised: October 5.2010
Draft No. 2=-_ _-:--_----,,_ _ __
Introduced:
October 5, 2010
Expires:
April 5, 2012
Enacted:
[date]
Executive:
[date signed]
Effective:
[date takes effectJ
Sunset Date: [date expires]
Ch.
~.
Laws of Mont. Co.
[yearJ
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Knapp and Vice President Ervin
AN
ACT to:
(1)
(2)
(2)
permit certain County employees to use leave to serve as a bone marrow donor or
organ donor under certain conditions;
require the Executive to adopt regulations governing the use and approval of organ
donor leave; and
generally amend the law governing leave for County employees.
By adding
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-25
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BilL
No. 49-10
1
Sec.
1.
Section
33·25
is added as follows:
33-25.
Or2an Donor Leave.
2
3
4
(ill
A full-time or part-time employee may use organ donor leave with
PID:
for:
5
ill
ill
{hl
!ill
to
1
days in any 12-month period to serve as
~
bone marrow
6
donor; and
!ill
to 30 days in any 12-month period to serve as an organ donor.
7
8
9
10
Organ donor leave must be approved by:
ill
ill
(£)
the Director of the employee's Department or Office; or
the Chief Administrative Officer if the employee
supervised by
~
Director.
IS
not
11
12
13
Organ donor leave must be granted in addition to any annual leave, sick
leave, personal days, or paid time off that the employee is otherwise
entitled to.
14
15
16
@
The employee must provide medical documentation of the bone marrow
or organ donation before organ donor leave is approved.
17
18
W
The Executive must adopt regulations, under Method
use and approval of organ donor leave.
L
governing the
19
Approved:
20
Nancy Floreen, President, County Council
Date
21
Approved:
22
Isiah Leggett, County Executive
Date
23
24
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
f:\lawlbills\1049 organ donorlbill2,doc
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LEGISLATIVE REQUEST REPORT
Bill 49-10, Personnel and Human Resources - Organ Donor Leave
DESCRIPTION:
The Bill would grant County employees additional paid leave to
serve as an organ donor. An employee would be entitled to receive
up to 7 days for a bone marrow donor and up to 30 days to serve as
an organ donor.
Donating bone marrow or an organ is a personal sacrifice that can
save a life. There is a shortage of bone marrow and organ donors.
The Bill would make
it
easier for a County employee to serve as an
organ donor.
Office of Human Resources
To be requested.
To be requested.
To be requested.
The State of Maryland provides this benefit for its employees.
Robert
H.
Drummer, Senior Legislative Attorney
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None.
F:\LAW\BILLS\l 049 Organ Donor\LRR.Doc
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Article - State Personnel and Pensions
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§9-1106.
(a) This section applies to all employees, including temporary employees, of
all units in the Executive, Judicial, and Legislative branches of State government,
including any unit with an independent personnel system.
On request, an employee subject to this section may be entitled to organ
donation leave with pay.
(b)
(c)
(1)
An employee may use:
(i)
up to 7 days of organ donation leave in any 12-month period to
serve as a bone marrow donor; and
(ii) up to 30 days of organ donation leave in any 12-month period to
serve as an organ donor.
(2) An employee may use organ donation leave only after obtaining
approval from the employee's appointing authority.
(d) The Secretary shall adopt regulations governing organ donation leave,
including regulations that establish conditions and procedures for requesting and
approving leave and that require medical documentation of the proposed organ or
bone marrow donation before leave is approved.
[Previous] [Next] [Another Article]
1 ­
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William J. Clinton: Statement on Signing the Organ Donor Leave Act - September 24, 1999 Page 1 of 1
Jn~~_m_e ri~a
1l__
PJ:e$td~nc;Y_P.r_Qiect
John T. Woolley
&
Gerhard Peters' Santa Barbara, California
• William
J.
Clinton
Statement on Signing the Organ Donor Leave Act
September
24, 1999
Today, I am pleased to sign into law H.R. 457, the "Organ Donor Leave Act," which would enhance the Federal
Government's leadership role in encouraging organ donations by making it easier for Federal employees to become
donors.
Currently, more than 65,000 Americans are awaiting an organ transplant. Last year, almost 5,000 Americans died while
waiting for an organ to become available. This amounts to an average of 13 citizens each day. Many of these deaths could
have been prevented if there were a sufficient supply of donor organs. H.R. 457 is a valuable tool to help address the
needs of Americans waiting for organs by encouraging donations by Federal employees.
In 1997, my Administration launched the National Organ and Tissue Donation Initiative, which included new efforts by the
Federal Government to increase awareness among Federal employees of the need for organ and tissue donation. The
Department of Health and Human Services, in partnership with the Office of Personnel Management, has implemented a
Government-wide campaign to encourage Federal employees to consider organ donation and, as the country's largest
employer, to set the example for the private sector as well as other public organizations.
H.R. 457 builds on my Administration's longstanding commitment to increasing organ donations nationwide. Under current
law, a Federal employee may use up to 7 days of paid leave each year, other than sick leave or annual leave, to serve as
a donor. Recent surveys of doctors and hospitals indicate that the current 7 -day limit is clearly insufficient for recovery from
organ donation surgery. This bill increases the amount of paid leave available to Federal employees who donate organs
for transplants, providing up to 30 days of paid leave, in addition to annual and sick leave, for organ donation.
In addition to our current efforts, my Administration will go forward in the coming weeks with the framework for an organ
allocation system that will serve patients better. Our approach, which has been validated by the Institute of Medicine, calls
for improved allocation policies to be designed by transplant professionals, not by the Government, and would ensure
better and fairer treatment for patients. We need an organ allocation system that is as good as our transplant technology,
and it is time for sound allocation policies to go into effect.
It gives me great pleasure to sign H.R. 457 into law. I welcome the opportunity to help Federal employees participate in
this life-saving effort.
WILLIAM
J.
CLINTON
The White House, September 24, 1999.
Citation: John T. Woolley and Gerhard Peters,
The American Presidency Project
[online]. Santa Barbara, CA. Available from World
Wide Web:
(http://www.presidency.ucsl::u~du/wsl?pid=56578).
©
1999-2010 - Gerhard Peters - The American Presidency Project
http://www.presidency.ucsb.edulws/print.php?pid=56578
9/3012010
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OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
Joseph F. Beach
Director
MEMORANDUM
October 28, 2010
TO:
FROM:
SUBJECT:
Nancy FJoreen,
pr~.S2unty
Council
Joseph
F.
Beach,
~
Council Bill 49-10, Personnel and Human Resources - Organ Donor Leave
The purpose ofthis memorandum is to transmit a fiscal and economic impact statement
to the Council on the subject legislation.
LEGISLATION SUMMARY
This
bill creates a new category ofleave to cover employees who need leave to serve
as
a
bone marrow or an organ donor, under certain conditions, and requires the County Executive to adopt
regulations governing the use and approval oforgan donor leave. This leave is similar to leave provided
by
the State and Fedeml governments.
FISCAL AND ECONOMIC SUMMARY
The fiscal impact is ofthis legislation is indeterminate but
will
be
dependent on a number
of factors:
• How much the leave is utilized. The Office ofHuman Resources does not tmck the current use of
sick leave or other leave for this purpose.
• Whether or not the County needs to use overtime or temporary personnel to provide service when the
. leave is taken.
• Whether or not the organ donor leave results
in
higher balances for other types of leave that would
have been taken absent the organ donor leave. Higher balances of sick leave may result in higher
levels ofsick leave service credit at retirement and higber levels ofunused annual or Paid Time
Off
(PTO) leave may result in larger accumulated leave payout at termination.
• The opportunity cost or value ofthe time spent on organ donor leave. For example, the value of
1,000 bours of employee time is worth $35,970.
The legislation has no significant economic impact; any cost related
to
the program will
be
small relative to the Montgomery County economy
as
a whole.
Office of the
Ulr,petrlr
101 Monroe Street, 14th Floor· Rockville, Maryland 20850 • 240-777-2800
www.montgomerycountymd.gov