Agenda Item 10
Robert H. Drummer, Senior Legislative Attorney
Bill 58-10, Contracts and Procurement
Sale of Surplus School
Bill 58-10, Contracts and Procurement - Sale of Surplus School - Amendments,
sponsored by the Councilmember Andrews and Council Vice President Ervin, was introduced on
December 7, 2010. A Government Operations and Fiscal Policy/Education Committee
worksession will be scheduled at a later date.
Md. Education Code §4-115(c) and County Code §llB-45(c) require the Council to
approve the sale of surplus school property. Bill 58-10 would prohibit the Council from
approving the sale of a surplus school after October 31 of a year when a new Council is elected
until the newly elected Council takes office.
This Bill would not create the first limit on the authority of a lame duck Council. Md.
Code Art. 28 §8-1 04(a) prohibits the Council, sitting as the District Council, from approving an
amendment to the Zoning Code after October 31 of a year when a new Council is elected until
the newly elected Council takes office. This State law was enacted after a lame duck Council
had rezoned approximately 2000 acres of land contrary to a master plan one week after an
election where all but one Councilmember failed to be re-elected.
The Comprehensive Water Supply and Sewerage Systems Plan also prohibits the Council
from amending the Plan after October 31 of a year when a new Council is elected until the newly
elected Council takes office.
This packet contains:
Legislative Request Report
Fiscal Impact Statement
F:\LAW\SILLS\1058 Sale Of Surplus School\Public Hearing Memo.Doc
These facts are described in
Norbeck Village Joint Venture v. Montgomery County Council,
254 Md. 59 (1969).