Agenda Item 3.5
March 23, 2010
Introduction
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
Robert H. Drwnmer, Senior Legislative Atrome Y
n
j0t-j
Introduction:
Expedited Bill 12-10, Human Rights - Equal Employment
Opportunity Program
Expedited Bill 12-10, Human Rights
Equal Employment Opportunity Program,
sponsored by the Council President at the request of the County Executive, is scheduled to be
introduced on March 23,2010. A public hearing is tentatively scheduled for April 20 at 1:30
p.m.
Bill 12-10 would transfer the County's equal employment opportunity program from the
Office of Human Resources to the Office of Human Rights.
This packet contains:
Expedited Bill 12-10
Legislative Request Report
Memo from County Executive
Circle
#
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5
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Expedited Bill No.
12-10
Concerning: Human Rights - Equal
Employment Opportunity Program
Revised: 3-22-10
Draft No. _1_
Introduced:
March 23, 2010
Expires:
September 23, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _---::--:--_ _ _ _ _ __
Sunset Date:
.....!.!N~on~e"____
_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe County Executive
AN EXPEDITED ACT
to:
(l)
transfer the County's equal employment opportunity program from the Office of
Human Resources to the Office of Human Rights; and
(2)
generally amend County laws relating to Executive Branch administration and
human rights.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-641, Functions
Chapter 27, Human Rights and Civil Liberties
Section 27-4, Office of Human Rights
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsTI
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted from 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. 12-10
Sec.
1.
Sections 2-641 and 27-4 is amended as follows:
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2-641. Functions.
The Office of Human Resources has the following functions:
(a)
Under the administration of the Chief Administrative Officer,
supervise the County merit system in accordance with the County
Charter[,] and local, state.'). and federallaws[, rules] and regulation.
(b)
Assist all
appointing authorities in
[the implementation of]
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implementing merit system [charter] provisions and [the] personnel
regulations [of the county executive].
(c)
Assist the County Executive in [the development and administration
of] developing and administering a career service and [in the
administration of] a comprehensive management personnel program.
(d)
Provide cooperative personnel services to political subdivisions of
[Montgomery] the County or agencies supported in whole or in part
by County taxes [levied by the county council] and [to] the
[Montgomery County] Revenue Authority.
(
e)
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Perform related duties as assigned.
[Develop and administer the equal employment opportunity program,
unless this responsibility is transferred to the office of the chief
administrative officer in accordance with the termination provision of
chapter 1, section 5 of the 1981 Laws of Montgomery County.
(t)
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(g)]
Administer the County employee complaint/grievance procedures.
27-4. Office of Human Rights.
*
(b)
(1)
*
*
The Commission
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The County Executive may assign additional staff to assist the
Commission in carrymg out this Article.
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ExPEDITED BILL
No. 12-10
27
may, with the approval of the County Executive, engage the
services of volunteer workers and volunteer consultants, who,
subject to [appropriations] appropriation, may be reimbursed
for out-of-pocket expenses incurred in performing volunteer
services. Services of an individual as a volunteer worker or
consultant must not be considered as [service of] employment
in any County or state merit system [of the county or state1.
(2)
If the Commission and the County Attorney [determine] agree
that a representational conflict exists [within] in the County
Attorney's office, [then] the County Attorney may employ
special legal counsel to represent the Commission.,. after
[consultation with] consulting the Commission.,. [and approval
by1 if the County Council approves.
(3)
The
Director
may
receive
sworn
complaints
alleging
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discrimination that violates this chapter.
(4)
Before a complaint is certified to the Commission under
Sections 27-7(t)(2) or (g)(4), the Director may investigate,
resolve, or conciliate the complaint.
(5)
The Director may issue regulations under method (2) to [carry
out] perform the responsibilities of the Director and the Office
of Human Rights under this Article.
(6)
The Director must [carry out] perform any other [duties
described] duty specified in this Chapter.
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ill
The Director must develop and administer the County's equal
employment opportunity program.
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*
*
*
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EXPEDITED BILL
No.
12-10
53
Sec. 2. Transition.
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After Section 1 of this Act takes effect, the Director of the Office of Human
Resources and the Director of the Office of Human Rights must cooperate to ensure
that the equal employment opportunity officer in the Office of Human Rights first
processes each complaint filed under the County's equal employment opportunity
program. Any reference in this context in any County regulation to the Office of
Human Resources Director or Office of Human Resources staff must be treated as
referring to the Office of Human Rights Director and the Office of Human Rights
staff, respectively.
Sec. 3. Expedited Effective Date.
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The Council declares that this legislation
IS
necessary for the immediate
protection of the public interest. This Act takes effect on the date when it becomes
law.
Approved:
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Nancy Floreen, President, County Council
Date
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Approved:
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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LEGISLA TIVE REQUEST REPORT
Expedited Bill 12-10
Human Rights
-
Equal Employment Opportunity Program
DESCRIPTION:
This Bill would transfer the County's equal employment opportunity
program from the Office of Human Resources to the Office of Human
Rights.
Current fiscal challenges require the County consolidate resources when
possible.
This transfer would take advantage of existing staff resources to reduce
costs and leverage the efforts of County staff to produce better outcomes
for the community.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
Office of Management and Budget; Department of Finance; Office of
Human Rights
FISCAL IMPACT:
To be requested.
ECONOMIC
IMPACT:
EVALUATION:
To be requested.
Subject to the general oversight of the County Executive and the County
Council.
EXPERIENCE
ELSEWHERE:
SOURCES OF
INFORMATION:
Joseph Beach, Director of Management and Budget
Kathleen Boucher, Assistant Chief Administrative Officer
Marc Hansen, Acting County Attorney
APPLICATION
Applies only to County government.
WITHIN
MUNICIPALITIES:
PENALTIES:
N/A
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OFFICE OF THE COUNTY EXECUTIVE
ROCKV[LLE. MARYLAND 20850
lsiah Leggett
County Executive
MEMORANDUM
March 18,2010
\
TO:
FROM:
SUBJECT:
Nancy Floreen, Council President
Isiah Leggett, County
EXeCUtiVe~p
~"!Z/""7
..
//
t ---­
FY 2011 Budget Reconciliation and Financing Act
I am attaching for Council's consideration a Budget Reconciliation and Financing
Act (BRF A) which makes changes to the County Code that are necessary to reconcile my
recommended FY 2011 operating budget with projected FY 2011 revenues. This bill will help
the County address its current fiscal challenges by increasing the amount of revenue available to
maintain and enhance core government programs and services. I am also attaching a Legislative
Request Report for the bill. A Fiscal Impact Statement will be transmitted to Council soon.
The BRF A consists of five primary components. First, it increases the energy tax
rates. Second, it temporarily redirects the portion of recordation tax revenues that are currently
reserved for County Govenunent capital projects and rental assistance programs to the general
fund for general purposes. Third, it allows revenues generated by the Water Quality Protection
Charge to be used to pay debt service on bonds that fund stormwater management infrastructure
projects. Fourth, it transfers responsibility for administering equal employment opportunity
programs from the Office of Human Resources to the Office of Human Rights. Fifth, it
authorizes the Fire and Rescue Service to impose an Emergency Medical Services (EMS)
Transport Fee.
As the Council knows, the County's energy tax is actually a tax on fuel oil,
natural gas, and electric utility providers which is passed on to all utility customers. Because the
energy tax is a broad-based tax, its impact on families is reduced by the fact that it is paid by
businesses and households, and all levels of govenunent, including federal agencies located in
the County (that currently do not pay any other major County tax). Additionally, the energy tax
is a consumption tax based on energy usage.
It
is not based on the overall size of the utility bill
or the cost per unit of energy used as billed to the consumer. Therefore, the amount of the tax
can be lessened by reduced energy usage. Based on existing usage patterns for the average
homeowner, my recommended FY 2011 budget assumes an average increase in the energy tax of
approximately $2.90 per month. I have also recommended additional funding in the Health and
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Nancy Floreen, Council President
March 18,2010
Page 2
Human Services budget for the County's Energy Assistance Program to minimize the impact to
low-income households.
My recommended FYll budget contains several efforts to restructure County
Government to improve responsiveness and efficiency. One of these changes is the transfer of
the Equal Employment Opportunity program from the Office of Human Resources to the Office
of Human Rights. This shift takes advantage of existing staff resources to reduce costs and
leverage the efforts of County staff to produce better outcomes for the community. This bill
modifies the County code provisions relating to the responsibilities of the Office of Human
Resources and Office of Human Rights to reflect this change.
The EMS Transport Fee is needed to fund fire and rescue services in the County.
Without this fee, emergency response to residents will be impaired. EMS Transport Fees are
widely employed throughout the nation and by local governments throughout the \Vashington
region. These jurisdictions have not experienced any indication that people decline to use
emergency transports as a result of the imposition of an ambulance fee. By creating a prepaid
fund for uninsured County residents, the legislation that I am transmitting imposes a fee only on
County residents with health insurance which covers EMS Transports. This arrangement more
equitably distributes the economic burden of providing EMS transport services in the County
between residents and nonresidents. The legislation provides for a hardship waiver for
nonresidents who fall below 300 percent of federal poverty guidelines.
To provide the Council with a complete picture of the EMS Transport Fee
program created by this bill, I am attaching a copy of the proposed Executive Regulation to
implement the fee. This proposed regulation will be published in the April 2010 County Register
and submitted to Council after the 30-day public comment period ends on April 30.
Finally, I note that the BRFA is consistent with Bill 31-09, Consideration of
Bills One Subject (enacted on September 29,2009), which requires that a bill "contain only
one subject matter".' As noted in the Council staff packet for Bill 31-09, that bill was intended to
adopt the "one subject rule" of the Maryland Constitution, which requires all laws enacted by the
General Assembly to contain only one subject. The Maryland Attorney General has repeatedly
concluded that budget reconciliation and financing bills do not conflict with the one subject rule.
For example, in 2005, the Attorney General noted that "(flor the past fourteen years, 15 budget
reconciliation, budget reconciliation and financing acts or variations thereof, have been used to
balance budgets, raise revenue, make fund transfers, redistribute funds, cut mandated
appropriations and authorize or mandate appropriations."] The Attorney General concluded that
all of those bills were consistent with the one subject rule because the provisions of the bills were
"clearly germane to the single subject of financing State and local government".
See Panitz v.
Comptroller ofthe Treasury,
247 Md. 501 (1967) (Omnibus supplemental appropriation bill
comprised a single subject for purposes of
§
29 of Art III of the State Constitution even though
See May 19, 2005 memorandum from Attorney General J. Joseph Curran, Jr. to Governor Robert Ehrlich regarding
House Bil1147 (2005).
I
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Nancy Floreen, Council President
March 18,2010
Page 3
the bill combined such diverse elements as police aid to local government; teacher salaries and
pensions; and general unrestricted grants to local government).
Attachments (3)
cc:
Joseph Adler, Director, Office of Human Resources
Jennifer Barrett, Director, Finance Department
Joseph Beach, Director, OMB
Kathleen Boucher, ACAO
Richard Bowers, Fire Chief, MCFRS
Marc Hansen, Acting County Attorney
Robert Hoyt, Director, DEP
Richard
Y.
Nelson, Jr., Director, DHCA
James Stowe, Director, Office of Human Rights