Agenda Item
#4.5
October 12,2010
Introduction
MEMORANDUM
October 8, 2010
TO:
FROM:
County Council
4ichael Faden, Senior Legislative Attorney
Amanda Mihill, Legislative AnalystcAY'l¥-h'i...U
Introduction:
Expedited Bill 51-10, Administration - Council Budget Office
SUBJECT:
Expedited Bill 51-10, Administration - Council Budget Office, sponsored by
Councilmember Knapp, Council Vice-President Ervin, and Council President Floreen, is
scheduled to be introduced on October 12, 2010. A public hearing is tentatively scheduled for
October 26 at 1:30 p.m.
Bill 51-10 would create a Council Budget Office, authorize the appointment of a Director
and staff of the Office, and specify the functions and duties of the Office.
This packet contains:
Expedited Bill 51-10
Legislative Request Report
Circle #
1
6
F:\lAw\BIllS\1 051 Council Budget Office\Intro Memo.Doc
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Expedited Bill No.
51-10
Concerning: Administration - Council
Budget Office
Revised: 10-7-10
Draft No. 3
Introduced:
October 12, 2010
Expires:
April 12, 2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: .....!2.No=n..!.>:e'--_:--_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Knapp, Council Vice-President Ervin, and Council President Floreen
AN EXPEDITED ACT
to:
(1 )
create a Council Budget Office;
(2) authorize the appointment of a Director and staff of the Office;
(3) specify the functions and duties of the Office; and
(4)
generally amend County law related to structure of County Government and
administration.
By amending
Montgomery County Code
Chapter lA, Structure of County Government
Sections lA-203 and IA-204
By adding
Chapter 2, Administration
.Article IV, Subdivision III, Council Budget Office
Boldface
Underlining
[Single boldface brackets]
.DruJ..b!.e 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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EXPEDITED BILL NO.51 -10
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Sec. 1. Sections lA-203 and lA-204 are amended and Article IX of
Chapter 2 is added as follows:
lA-203.
Establishing other offices.
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Council Budget Office
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(b)
Legislative Branch.
These are the offices ofthe Legislative Branch:
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Office ofthe County Council [[Charter section 101 et seq.]]
Office ofthe Inspector General
Office of Legislative Oversight [[section 29A-5]]
Office of the People's Counsel
Office of Zoning and Administrative Hearings
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lA-204.
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Supervision of offices and appointment of heads.
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(b)
Legislative Branch.
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ill
Council Budget Office.
CA)
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*
A majority of Councilmembers in office may appoint the
Director ofthe Council Budget Office.
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{ill
{Q)
The Director is not
£!
merit system employee.
The tenn ofthe Director is
1
years. There is no limit to the
number of tenns that
£!
Director may serve. If the County
Council has not appointed
£!
successor when
£!
Director's
tenn expires, the Director continues to serve until
£!
successor is appointed and takes office. The successor
serves for the unexpired part of the tenn.
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f:\law\bills\1051 council budget office\bill3.doc
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EXPEDITED BILL NO.51
-10
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The County Council may dismiss the Director for good
cause before the end of the Director's term. Before doing
so, the Council must tell the Director the Council's reasons
for the dismissal. If the Director requests
~
hearing, the
Council must hold
~
hearing and issue
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written decision to
the Director.
lID
(E)
The Director must appoint and supervise all employees of
the Office.
The Office and its employees may operate independently
Qf:
but should coordinate its activities with, the Council
staff and the Office of Legislative Oversight.
Chapter 2. Administration.
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Article IV. Legislative Branch.
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Division 2. County Council.
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2-83.
ill)
Subdivision III.
Council Budget Office.
Powers and duties.
Findings.
The Council finds
~
need for increased capacity to monitor
the County's fiscal situation, effectively evaluate the fiscal and budget
impact of proposed legislation and regulations, and examine structural
issues and inefficiencies in County government and County-funded
agencIes.
(Q}
Functions.
In addition to any other power or duty specified
Qy
law, the
Council Budget Office must:
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EXPEDITED BILL
NO.51
-10
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(£}
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assess the fiscal impact of proposed policy changes, including
revisions to laws and regulations;
review the County budget to assure that Council priorities are
adequately reflected;
coordinate with Council staff, the Office of Management and
Budget, and the Department of Finance to track the County's
overall fiscal status;
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analyze the
cost-effectiveness of County programs
and
recommend ways to increase their productivity and efficiency;
review short- and long-term fiscal implications of grants the
County has applied or may
illm1Y
for;
monitor the use of special use funds;
monitor County-funded agency budgets;
prepare or review fiscal indicators for the County Public Schools;
and
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tID
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monitor the capital budget and track the relationship between the
capital and operating budgets.
Access to records and infOrmation; retaliation.
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The Office is legally entitled
~
and each department or office in
County government and each agency that receives County funds
must promptly give the Office, any document or other
information concerning its operations, budget, or programs that
the Office Director requests. The Office must comply with any
restrictions on public disclosure of the document or information
that are required
Qy
federal or state law.
ill
The Office Director must immediately notify the Chief
Administrative Officer and the President of the Council if any
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EXPEDITED BILL NO.51
-10
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department, office, or agency does not provide any document or
information within g reasonable time after the Office requests it.
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An
employee of the County, any instrumentality of the County,
or any County-funded agency, must not be retaliated against or
penalized, or threatened with retaliation or penalty, for providing
information
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cooperating with, or assisting the Office
III
connection with any activity ofthe Office under this Section.
@
Contracts authorized.
The Director may, subject to appropriation,
retain project staff or consultants by contract. The Director may, with
the agreement of the head of any other government department or
agency, temporarily detail an employee of that department or agency to
the Office.
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Division 3. Advisory Boards and Committees.
Subdivision I.
Reserved.
[2-83] 2-84-2-87. Reserved.
Sec. 2. Expedited Effective Date.
The Council declares that this Act is
necessary for the immediate protection of the public interest. This Act takes effect on
the date when it becomes law.
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Approved:
Nancy Floreen, President, County Council
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Date
Approved:
102
Isiah Leggett, County Executive
Date
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LEGISLATIVE REQUEST REPORT
Expedited Bill 51-10
Administration - Council Budget Office
DESCRIPTION:
Expedited Bill 51-10 would create a Couhcil Budget Office,
authorize the appointment of a Director and staff of the Office, and
specify the functions and duties of the Office.
The Council has a need for increased capacity to monitor the
County's fiscal situation, effectively evaluate the fiscal and budget
impact of proposed legislation and regulations, and examine
structural issues and inefficiencies in County government and
County-funded agencies.
To create a Council Budget Office to increase the Council's fiscal
oversight capabilities.
County Council
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney (240) 777-7905
Amanda Mihill, Legislative Analyst (240) 777-7815
N/A
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
N/A
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