37-10
Expedited Bill No.
Concerning: Ethics - Ethics Commission
- Staff
Revised:
6/11/10
Draft No. 4
Introduced:
June 15,2010
Enacted:
July 20, 2010
Executive:
July 29, 2010
Effective:
July 29 2010
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Ch.
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Laws of Mont. Co.
2010
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Management and Fiscal Policy Committee
AN EXPEDITED ACT
to:
(1)
revise the process to appoint and remove staff for the Ethics Commission;
(2)
require the Commission staff director to
be
an attorney;
(3)
modify how the Commission may receive legal advice and services;
(4)
exempt staff ofthe Commission from any collective bargaining unit; and
(5)
generally amend County law related to the Ethics Commission.
By amending
Montgomery County Code
Chapter 19A, Ethics
Section 19A-5
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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. 37-10
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Sec.
1.
Section 19A-5 is amended as follows:
19A-5.
Ethics Commission
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(t)
Administrative Support.
(1)
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The Commission must be allocated merit system staff, separate
office space, equipment, and supplies within the limits of the
Commission's appropriations. [The Chief Administrative Officer
appoints or assigns staff to the Commission after receiving a
recommendation from the Commission. Subject to the general
supervision of the Chief Administrative Officer, assigned]
Commission staff serve at the Commission's direction [of the
Commission] to perform duties assigned by the Commission.
The Commission must appoint
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staff director/chief counsel to
perform duties assigned
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the Commission, and may remove the
staff director/chief counseL Subject to the general supervision of
the Commission, the staff director/chief counsel must appoint and
supervise and may remove other Commission staff.
The
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appointment, retention, and removal of all Commission staff must
be subject to applicable merit system laws and regulations. The
staff director/chief counsel must be an attorney licensed to
practice law in Maryland, and may advise and represent the
Commission without the approval or supervision of the County
Attorney.
(2)
The Commission may ask the County Attorney to provide an
opinion on any legal issue relating to the Commission's duties.
(3) The County Attorney must.1 on request of the Commission,
provide the Commission with legal services.
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[However, the
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ExPEDITED BILL
No. 37-10
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County Attorney may employ special legal counsel to the
Commission under Section 213 of the Charter.]
The County
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Attorney must provide an attorney to prosecute a case before the
Commission under Section 19A-I0 unless the Commission
assigns or retains
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different attorney or other staff member to
perform that function.
An
individual attorney in the office of the
County Attorney who is assigned to provide general legal advice
to the Commission must not be an investigator under Section
19A-9 or prosecute a case before the Commission under Section
19A-I0 for one year after the attorney's Ethics Commission
assignment ends.
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*
33-102.
Definitions.
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Sec. 2. Section 33-102 is amended as follows:
The following terms have the meaning indicated when used in this [article]
Article:
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(4)
government, except:
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Employee
means any person who works for the County
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*
(G)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
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an employee who works for:
the Office of the County Executive;
the Office ofthe Chief Administrative Officer;
the County Council;
the Office ofthe County Attorney;
the Office of Management and Budget;
the Office of Intergovernmental Relations;
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ExPEDITED BILL
No. 37-10
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(vii) the Office of Human Resources; [or]
(viii) the Merit System Protection Board; or
(ix)
the Ethics Commission;
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Sec. 3. Expedited Effective Date; Transition.
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. The position of Executive Director of the Ethics Commission is abolished by
operation of law on the date that the Commission appoints a staff director/chief
counsel, as authorized by County Code Section 19A-5(f), as amended by Section 1 of
this Act.
Approved:
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Nancy Floreen, Pre ident, County Council
lIt:)
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I
Date
Approved:
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This is a correct copy o/Council action.
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Linda M. Lauer, Clerk of the Council
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