AGENDA ITEM #3
December 13,2011
Action
MEMORANDUM
December 9, 2011
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attorne~
Action:
Bill 36-11, Interagency Coordinating Board
Membership
Education Committee recommendation (3-0):
enact Bill 36-11 with 2 amendments:
• specify that the alternate members must be senior level staff; and
• replace references to citizen with resident.
Bill 36-11, Interagency Coordinating Board - Membership, sponsored by the Council President
at the request of the County Executive, was introduced on November 1, 2011. A public hearing
was held on November 29 at which only a representative of the Interagency Coordinating Board
(lCB) testified (see testimony on ©11). An Education Committee worksession was held on
December 5.
Bill 36-11 would allow the following members of the ICB to designate alternates to serve in their
absence: the Chief Administrative Office, the Superintendent of Schools, the President of
Montgomery College, and the Montgomery County member of the Maryland-National Capital
Park and Planning Commission. Bill 36-11 would also update· references to the Montgomery
County Association of Secondary School Principals and the Elementary School Administrators
Association.
Issue/Committee Recommendation
There were no issues presented at the public hearing and Council staff is not aware of any
constituent correspondence on this bill.
The Committee recommends
2 amendments to Bill
36-11 :
• Add language to ensure that the members allowed to designate alternates to attend rCB
meetings designate senior staff members. The Committee recommends the following
language:
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The Chief Administrative Officer, the Superintendent of Schools, the
President of Montgomery College, and the Montgomery County [[members]]
member of the Maryland-National Capital Park and Planning Commission
may each designate!! [[person]] senior staff member to serve in their absence
as an alternate member of the Board.
This language is similar to the language in current law relating to the appointment
of a Councilmember, the staff director, or a senior staff member to represent the
Council on the ICB (©3, lines 36-41). In its testimony, the ICB noted that senior
level staff members would be designated as alternates
11).
• Throughout Bill 36-11, replace references to "citizen" with "resident" for
consistency with other Code provisions (see lines 16, 18,21, and 43).
This packet contains:
Bill 36-11
Legislative Request Report
Executive transmittal memorandum
Fiscal Impact Statement
ICB resolution
Public Hearing Testimony from ICB
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Expedited Bill No.
_--=36::::..~..!..1..:....1
_ __
Concerning: Interagency Coordinating
Board
~
Membership
Revised:
12/5/2011
Draft No. 2
Introduced:
November 1, 2011
Expires:
May 1. 2013
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ....!N..!,Oo::.!.n!..::e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the County Executive
AN
ACT to:
(1)
(2)
(3)
allow certain members of the Interagency Coordinating Board to designate
alternates;
update references to the Montgomery County Association of Secondary School
Principals and the Elementary School Administrators Association; and
generally amend the law regarding the Interagency Coordinating Board.
By amending
Montgomery County Code
Chapter 44, Schools and Camps.
Section 44-3
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/or Montgomery County, Maryland approves the/ollowing Act:
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BILL
No.
36-11
1
Sec.
1.
Section 44-3 is amended as follows:
44-3. Interagency Coordinating Board.
2
3
4
*
officio
members.
(1)
*
*
(b)
Membership.
The Board consists of voting members and nonvoting,
ex
5
6
7
The voting members are:
(A) the Chief Administrative Officer;
(B) [The] the Superintendent of Schools;
(C) the President of Montgomery College;
(D) a member of the Maryland-National Capital Park and
Planning Commission designated by the Montgomery
County members of the Commission;
(E) a Councilmember or the staff director or a senior staff
member of the County Council who represents the
Council;
(F) one [[citizen]] resident appointed by the Superintendent
and confirmed by the Board of Education; and
(G) three [[citizens]] residents appointed by the Executive
and confirmed by the Council.
The Advisory Committee may recommend individuals to the
Executive and the Superintendent for appointment as [[citizen]]
resident members of the Board.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
(2)
The nonvoting,
ex officio
members of the board are:
(A) a member of the Board of Education designated by the
Board of Education;
(B) a person designated by the [Montgomery County
Association
of
Secondary
School
Principals]
24
25
26
27
28
Montgomery County Association of Administrators and
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BILL
No. 36-11
29
Principals to represent secondary school administrators
and confirmed by the Council;
(C) a person designated
Administrators
by the
[Elementary
Montgomery
School
County
30
31
32
Association]
33
34
Association of Administrators and Principals to represent
elementary school administrators and confirmed by the
Council.
35
36
37
38
39
40
41
ill
The
Chief Administrative Officer, the Superintendent of
Schools, the President of Montgomery College, and the
Montgomery County [[members]] member of the Maryland­
National Capital Park and Planning Commission may each
designate
~
[[person]] senior staff member to serve in their
absence as an alternate member of the Board.
42
43
44
*
(g)
members of the Board.
Approved:
*
*
Attendance.
Section 2-148( c) applies only to [[citizen]] resident
45
46
Valerie Ervin, President, County Council
Date
47
Approved:
48
Isiah Leggett, County Executive
Date
49
This is a correct copy o/Council action.
50
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 36-11
Interagency Coordinating Board
-
Membership
DESCRIPTION:
Bill 36-11 would allow certain members of the Interagency
Coordinating Board (ICB) to designate alternates; and update
references to the Montgomery County Association of Secondary
School Principals (MCASSP) and the Elementary School
Administrators Association (ESAA).
As a result of scheduling conflicts and unforeseen emergencies, some
members of the Interagency Coordinating Board are not available to
attend all meetings. Additionally, the MCASSP and ESSA were
subsumed within the Montgomery County Association of
Administrators and Principals (MCAAP) as part of a reorganization.
To ensure a quorum at all ICB meetings in order to effectively
conduct business and decide policy matters with interagency
representation by allowing certain
ex officio
representatives to
designate an alternate to serve in that member's absence and to
accurately designate responsibility for nominating ICB Board
representatives.
Community Use of Public Facilities and County Attorney
To be requested.
To be requested.
To be requested.
DC Water and Sewer Authority authorizing legislation for Board
includes use of alternates with voting privileges.
Clifford Royalty, Office of County Attorney
Ginny Gong, Community Use of Public Facilities
N/A
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIP ALITIES:
PENALTIES:
N/A
F:\LAw\BILLS\1136 leB - Membership\Legislative Request Report.Doc
f:\law\bills\1136 icb - membership\legislative request report.doc
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE. MARYI,AND 20850
lsiah Leggett
County Executive
MEMORANDUM
October 24. 2011
TO:
FROM:
SUBJECT:
Two Modifications to Section 44-3 of Montgomery County Code
On behalf ofthe Interagency Coordinating Board for the Community Use of PubJic
Facilities, I am requesting that you introduce a bill to modify two parts of Section 44-3 of Montgomery
County Code (Schools and Camps):
44-3(b) 2
(B)
and
(C)
Non Voting Members - Language Update
The language modification would remove references to the Montgomery County Association
of Secondary School Principals and Elementary School Administrators Association, both of which were
subsumed by the Montgomery County Association ofAdministrators and Principals (MCAAP)
as
part of a
reorganization. MCAAP is the organization that represents all administrators and principals in Montgomery
County Public Schools and has the responsibil
ity
of nominating two of the non-voting members on the
Interagency Coordinating Board.
44-3(b) 3 - Voting Membership - Ability to designate alternates
This Bill authorizes certain members of the ICB (the Chief Administrative Officer, the
Superintendent of Schools, the President of Montgomery College, and Maryland-National Capital Park
and Planning Commission) to each appoint a person to serve in that member's absence as an alternate
member of the Board.
After extended discussion and approval of Resolution No. 11-001, the ICB has requested the
ability to designate alternates for the members listed above. As a result of scheduling conflicts and
unforeseen emergencies, some members ofthe ICB are not available to attend all meetings. This change will
ensure a quorum at all meetings in order to effectively conduct business and decide policy matters with
interagency representation. This modification is consistent with how WASA addresses board attendance.
Thank you for your consideration.
IL:ab
Attachments
cc: Dr. Henry Lee, ICB Chair
Ginny Gong, CUPF Director
montgomerycountymd.gov/311
:(iii!.lt
'..
-.\j)Y:..":~'
.. "
...:;,
240-773-3556 TTY
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OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County ExecuJil.>e
Jennifer A. Hughes
Director
MEMORANDUM
November 15,2011
TO:
Valerie
~
President. County Council
FROM:
SUBJECT:
Jennif~liughes,
Director
BiU 36·11. Interagency Coordinating Board - Membership
Attached please find the fiscal and economic impact statements for the above referenced
legislation.
JAH:ad
c: Kathleen Boucher. Assistant Chief Administrative Officer
Lisa Austin. Offices ofthe County Executive
Joy
Nurmi, Special Assistant
to the
County Executive
Ginny Gong. Executive Director. Community Use of Public Facilities
Joseph F. Beacb, Director, Departinent ofFinance
Michael Coveyou, Department ofFinance
John Cuff, Office of Management and Budget
Amy
Wilson, Office ofManagement and Budget
Alex
Espinosa. Office ofManagement and Budget
Patrick Lacefield, Director, Office ofPublic Information
Offtee of tbe Director
101 Monroe Street, 14th Floor • Rockville,
Maryland
20850
240-777-2800
www.montgomeJ:Ycountymd.gov
II'IOI'Itgomerycountymd.gov/111
240-77,..3556 TTY
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Fiscal Impad Statement
Coun~iI
00136-11 Membership -lIlteragenCY' Coordinating Board
1. Legislative Summary
As
a result ofscheduling conflicts and unforeseen emergencies, some members of the
Interagency Coordinating Board
are
not available to attend an meetings.
This
Bill
authorizes certain members ofthe Interagency Coord.i.n9.ting Board
(the
Chief
Administrative Officer, the Superintendent of Schools.
the
President of Montgomery
College,
and
Maryland-National Capital Park and Planning Commission) to each
appoint
a
person
to
serve
in
that
member's absence
as an
alternate
member
ofthe
Board.
The
goal of
this
change
is
to
ensure a quorum
at all Interagency Coordinating
Board meetings
in
order to effectively conduct business and decide policy
matters
with
interagency representation.
Existing
language
in
subsections
44-3(b)2(B)
and
(C)
is no longer
accurate.
Designation of
MCAAP
as the organization representing school principals
and
administrators
is
needed to
reflect reorganization. Additionally, the Bill removes references
to
the Montgomery County
Association of Secondary School Principals and Elementary School Administrators
Association both ofwhich were
subsumed
within the Montgomery ColDlty Association of
Administrators
and
Principals
(MCAAP)
as
part
of
a
reorganization. MCAAP
is
the
organization
that
represents all administrators
and
principals
in
Montgomery County Public
Schools (MCPS)
and
is responsible for nominating two non-voting
members
to
the
ICB.
2. An estimate of ehaages
ill
County revenues and expenditures regardless ofwhether the
revenues or e:x:peJlditures are assumed
ill
the reeommended or approved budpt.
Indudes source of infonnation, assumptions, and methodologies used.
This bill
bas
no impact to revenues or expenditures.
3. Revenue and expenditure estimates covering at least the
~ext
6 fiscal
years.
This
bill has no
impact
to revenues or expenditures.
4.
An
actuarial analysis
through
the entire amortization period for eaeh
bin
that would
affeet
retiree
pension or group insul"anC'e eosD.
Not Applicable
5. Later
adiOIU
that may affeet futue revenue and expenditures
if
the biB authorizes
.future
spending. .
This
change will not result in subsequent government action that will impact
future
revenues
and expenditures.
. 6. AD estimate of the staff time
Deeded
to
implement the bilL
Not appJicable. lCB Members would select their own alternates. Alternates
will
make
decisions which are consistent with positions held
by
the primary.
1
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7.
An
explanation of how the addition of new staff'responsibilities would affect other
duties.
No change
in
CUPF
staff
responsibilities. Alternates
will
be expected to attend four
meetings a year. Meetings last no more
than
two hours.
8.
Au
estimate of eosts when an additional appropriation
is
needed.
Not Applicable
9. A description of any variable that could affeet revenue and cost estimates.
Not Applicable
10. Ranges or revenue or expenditures that are uncertain or ditticuJt
to
project.
Not Applicable
11.
If
a bill
is
likely to have no fiscal impad, why that
is
the case.
This
bill
allows for certain representatives to designate
an
alternate
to
serve in their absence
to
ensure a quorum
at
all meetings
in
order
to
effectively conduct business and
decide
policy
matters
with
interagency representation. The legislation does not
impose
any
new costs or
responsibilities.
The bill also replaces references
to
the Montgomery County Association of Secondary
School Principals
and
Elementary School Administrators Association
both
with
Montgomery
County Association of Administrators and Principals (MCAAP).
12. Other fiscal impads or comments.
Not Applicable
13. The foUowiDg contributed to and eoneurred with
this
analysis:
Elizabeth Haberma.nn,
Program
Manager
n.
Community Use of Public Facilities
Adam
Damin.
Office of Management and Budget
2
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Economic Impact Statement
Council BID 36-11, Interagency Coordinating Board -
Membership
Background:
:1
!
Bill 36-11 (Bill)
would allow
certain members
of
the Interagency Cootdinating
Board
(Board) to
designate
an alternative because of scheduling conflicts and unforeseen
emergencies such that 89me members
of
the Board are not available
to
attend
all
meetings.
This
Bill ensures a quorum
in
order to effectively conduct busineSs and decide
policy
matters
by
permitting certain
ex officio
representatives
to designate an alternate
to
serve
in
a member's absence.
1. The somces ofinformation, assumptions. and methodologies used.
Not AppJicable
2. A description
of
any variable that .could
affect
economic iinpact estimates.
Not
Applicable
3.
The
bill's positive or negative
effect,
if
any, on
emploYment. spending. saving.
investment,
incomes, and
property
values
in the County.
Not Applicable
4.
If
a bill
is
likely
to
have no economic impact. why that is
the
case.
This
Bill
addresses a procedural issue only. and therefore there is no economic
impact.
5. The
following contributed
to
and
concurred
with this analysis: David Platt,
Fmance;
Mike
Coveyou,
Fmance
each, Director
~lIflrh~Ant
of
Fmance
Date
®
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Resolution No. 11-01
Introduced: March 30, 2011
Adopted: June 29,2011
INTERAGENCY COORDINATING BOARD
600 Jefferson Plaza, Suite 300
Rockville, Maryland 20852
Subject:
Legislative Change to Expand Voting Representation
WHEREAS, in October 1978, County Council Bill No. 43-78 created the Interagency
Coordinating Board as an independent policy board for the coordination of non-school
use of educational facilities; and
WHEREAS, the legislation specified that the Board shall consist of the following:
the Chief Administrative Officer, the Superintendent of Schools, the President of
Montgomery College, a member of the Montgomery County Planning Board, the staff
director of the County Council, two citizens appointed by the Superintendent and
confirmed by the Board of Education, two citizens appointed by the County Executive
and confirmed by the County Council, and an ex officio nonvoting member of the Board
of Education; and
WHEREAS, Bill No. 6-83, effective July 1983, modified the Board's composition to allow a
County Council member, staff director of the County Councilor senior staff member of
the County Council to consistently represent the County Council on the ICB; and
WHEREAS, the remaining membership by virtue of official capacity, i.e., the Chief
Administrative Officer, the Superintendent of Schools, the President of Montgomery
College, and the appointed member of the Montgomery County Planning Board, may not
transfer voting rights on the ICB to a designee; and
WHEREAS, in order to ensure a quorum at all Board meetings to effectively conduct business
and decide policy matters with interagency representation, it is desirable to expand voting
rights to designated alternates of the Chief Administrative Officer, the Superintendent of
Schools, the President of Montgomery College, and the appointed member of the
Montgomery County Planning Board.
NOW, THEREFORE, be it resolved by a vote of the Interagency Coordinating Board that the
Board recommends the introduction of legislation to expand voting rights on the
Interagency Coordinating Board to designated alternates of the following members: the
Chief Administrative Officer, the Superintendent of Schools, the President of
Montgomery College, and the appointed member of the Montgomery County Planning
Board.
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)
Testimony
November 29,2011
Bill 36-11, Interagency Coordinating Board
7
Membership
I am Henry Lee. chairperson of the Interagency Coordinating Board. more commonly
referred to as the ICB, and on behalf of the board, I am submitting the following
testimony in support of Bill 36-11. Interagency Coordinating Board Membership.
Since 1978, when the board and the office were established through chapter
44-3
of ;..
the County Code, the ICB has been committed to ensuring public facil.ities, are
affordable and accessible to the community. Through the establishment of policies
and
fees, the board has been successful in maintaining an Enterprise Fund that balances' .
incurred costs with affordability and access associated with approximately 5,000
community groups in more than 300 County facilities.
As one can imagine, this was no sma" task, especially in the 1970s when the concept
was first proposed. Balancing the competing interests and expectations of community
groups and primary tenants, while addressing security concerns and protection of the
County's assets has required consistent application of policies and guidelines with great
diplomacy.
Over the years, issues that were once contentious with the placement of groups in
schools have now been generally resolved. The ICB. supported by the very capable
CUPF staff, has made significant strides forward in achieving a collaborative and
productive partnership with MCPS. Relationships with schools are now at an all-time
high.
The ICB is the only government body that convenes the top leadership of the County's
key entities and is the ideal platform to facilitate conversation, make binding decisions,
or decisions that are interagency in nature. Participation by key high-level decision
makers was instrumental in achieving expected results and explail)s why the community
use model in Montgomery County is lauded as a model nationwide. In fact the
California Center for Cities and Schools acknowledged the CUPF moc;lel "as probably
doing the best job among all the agencies studied at managing robust community
access, and doing so in a way that is self-sustaining."
However, convening that level of participation has its challenges. Given all the changes
occurring within government agencies. most with minimal notice onesponse time, and
the pressures on those in key leadership pOSitions. obtaining a quorum has been
challenging, impacting the Boards ability to conduct business. The board has noted that
in other high level committees the practice of designating alternates is in place.
Under the authorizing legislation, ICB members are not permitted to transfer voting
rights to designees. Consideration of granting alternates a vote for certain members of
the ICB was adopted by the board in June 2011 and Bill 36-11 is before you for
consideration.
The ICB assures the Council that senior level staff members of the entity would be the
deSignated alternates and would be expected to attend quarterly meetings.
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Furthermore, the board recommends that the ex-officio voting members make every
attempt to attend as many meetings as possible, in addition to the alternates, to ensure
continuity of operations.
The other part of the Bill is an update to references in the original legislation to the
Montgomery County Association of Secondary School Principals and the Elementary
School Administrators Association. As a result of reorganization, the two above
mentioned associations were subsumed within the Montgomery County Association of
Administrative and Supervisory Personnel.
Thank you in advance for your consideration.
2