ED ITEM #1
December 5, 2011
Worksession
MEMORANDUM
December 1,2011
TO:
FROM:
SUBJECT:
Education Committee
Amanda MihiU, Legislative
AttorneYG~
Worksession: Bill 36-11, Interagency Coordinating Board - Membership
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
(ICB) testified (see testimony on ©11).
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
for
Committee Discussion
There were no issues presented for Committee discussion at the public hearing and Council staff
is not aware of any constituent correspondence on this bill. Council staff recommends 2
amendments to Bill 36-11:
• Add language to ensure that the members allowed to designate alternates to attend ICB
meetings designate senior staff members. Council staff recommends the following
language:
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]]
seniOL~staff
member to serve in their absence
as an alternate member of the Board.
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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 (see ©2, lines 13-15). 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, and 21).
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.
_--.::::3.:::..6---,:1:-,-1_~~
Concerning: Interagency Coordinating
Board - Membership
Revised:
10/28/2011
Draft No. _1_
Introduced: _ _ _ _ _ _ _ __
Expires: _ _ _ _ _ _ _ _ __
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
....:.N=o<=..: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 hill.
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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BILL
No. 36-11
1
Sec. 1. Section 44-3 is amended as follows:
44-3. Interagency Coordinating Board.
2
3
*
officio
members.
*
*
4
5
(b)
Membership.
The Board consists of voting members and nonvoting,
ex
6
7
(1)
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 appointed by the Superintendent and
confirmed by the Board of Education; and
(G) three citizens 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
members of the Board.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(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]
26
27
28
Montgomery County Association of Administrators and
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BILL
No. 36-11
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Approved:
Principals to represent secondary school administrators
and confirmed by the Council;
(C)
a person designated by the
Administrators
Association]
[Elementary School
Montgomery
County
Association of Administrators and Principals to represent
elementary school administrators and confirmed by the
Council.
ill
The Chief Administrative Officer, the Superintendent of
Schools, the President of Montgomery College, and the
Montgomery County members of the Maryland-National
Capital Park and Planning Commission may each designate
f!
person to serve in their absence as an alternate member of the
Board.
*
*
*
Valerie Ervin, President, County Council
Date
45
Approved:
46
Isiah Leggett, County Executive
Date
47
This is a correct copy ofCouncil action.
48
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 (rCB) 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 rCB 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
representati ves.
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
MUNICIPALITIES:
PENALTIES:
N/A
F:\LAW\BILLS\ 1136 ICB - Membership\Legislative Request ReportDoc
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OFF1CE OF THE COUNTY EXECUTIVE
ROCKVILLE. MARYI,AND 20650
lsiah Leggett
County Executive
MEMORANDUM
October 24, 2011
TO:
FROM:
SUBJECT:
Two Modifications to Section 44-3 of Montgomery County Code
On behalf of the Interagency Coordinating Board for the Community Use of Public
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 ofa
reorganization. MCAAP is the organization that represents all administrators and principals in Montgomery
County Public Schools and has the responsibility of nominating two ofthe 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. 11-00 I, 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
.. '):;",. '.
wiMC311~r
f.jlm'...,:i*P."uu
;·'i.'{;.'<'>
,~ifi,.:.
240-773-3556 TTY
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OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County ExecuJive
Jennifer
A.
Hughes
Director
MEMORANDUM
November IS, 2011
TO:
Valerie
~u...PreSident,
County Council
FROM:
SUBJECT:
Jennjfe~.rughes,
Director
Bill 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
of
the
County Executive
Joy Nmmi, Special Assistant
to
the County Executive
Ginny
Gong.
Executive
Director, Community
Use
of
Public Facilities
Joseph
F. Beach,
Director,
Department
of
Finance
MichaeJ
Coveyou, Department of
Finance
John
Cuff,
Office
of
Management and
Budget
Amy
Wilson,
Office
ofManagement
and
Budget
Alex Espinosa; Office ofManagement and
Budget
Patrick Lacefield, Director, Office of Public Information
Office of the Director
101 Monroe Street, 14th Floor • Rockville, Maryland 20850 • 240-777-2800
www.montgomerycountymd.gov
montgomerycountymd.gov/'311
240-77'3-'3551 TTY
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Fiscal Impact Statement
Couneil Bi1l36-11 Membership - Interageney CoordiDatiDg Board
1.
Legislative Summary
As
a result ofscheduling conflicts and unforeseen emergencies, some members of
the
Interagency Coordinating Board are not available to attend all meetings. This Bill
authorizes
certain
members ofthe Interagency Coordinating Board
(the
Chief
Administrative Officer, the Superintendent ofSchools, the President ofMontgomery
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 ofthis 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 Administtators
Association both ofwhich were subsumed
within
the Montgomery County Association of
Administrators and Principals (MCAAP) as
part
ofa reorganization. MCAAP
is
the
organization that represents all administrators and principals
in
MontgomelY County Public
Schools (MCPS)
and
is responsible for nominating two non-voting members to
the
ICB.
2.
An
estimate of ehaages
in
County reveBues
ad
expenditurel regardless ofwhether the
revenues or expeDditures
are &lsumed
in
the reeommeDded or approved budget.
Includes loufte of informanoD, assumptions, ad methodologies
Uled.
This
bill
has
no
impact
to
revenues or expenditures.
3. Revenue and expenditure estimates (Overing at least the next 6 fiscal years.
This bill
has
no impact to revenues or expenditures.
4.
An
actuarial analysis through the entire amortization period for each bin that would
sfleet retiree
peBsion or group insufanee
costs.
Not Applicable
S. Later aetions that
may
affect future revenue
and
expenditures
if
the biD authorizes
future
spending. .
This change
will
not result in subsequent government action that
will
impact future revenues
and expenditures.
. 6. An estimate of the staff time needed
to
implement the bill.
Not applicable. ICB 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
explanatioD of how the addition of new stafl'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.
Aa
estimate of costs when an additional appropriation is needed.
Not Applicable
9. A description ofany variable that could atTect revenue and cost estimates.
Not Applicable
10. Ranges of revenue or expenditures that are uncertain or difticuJt to projeet.
Not Applicable
11.
If
a bM
is
likely to have no fiscal impact, why tltat
is
the ease.
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 ofAdministrators
and
Principals (MCAAP).
12. Other meal impads or comments.
Not
Applicable
13.
The foHowing contributed
to
and concurred
with
this
analysis:
Elizabeth Habermann, Program Manager II. CommWlity Use ofPublic Facilities
Adam
Damin.
Office of Management and Budget
2
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Economic Impact Statement
Council Bill 36-11, Interagency Coordinating Board· Membership
Background:
Bill 36-11
(Bill)
would allow
certain
members of the Interagency Coordinating Board
(Board) to designate an alternative because of scheduling conflicts and unforeseen
emergencies such that S9me 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
sources
ofinform.ation,
assumptions,
and methodologies
used.
Not Applicable
A description of any variable that .could affect economic impact estimates.
Not Applicable
The
bill's positive or negative effect,
if
any, on empJoYment, spending, saving.
investment, incomes, and property
values
in
the County.
Not Applicable
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.
S.
The
fonowing contributed
to
and concurred with this analysis: David Platt. F'mance;
Mike Coveyou.
Fmance
each, Director
ee1l:rtml~·t
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
reB
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 - 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 facilities 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 small 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 ahd 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 explains 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 mogel "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 orTesponse 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
itl
advance for your consideration.
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