REVISED
Agenda Item 7
March 8, 2011
Introduction
MEMORANDUM
March 4,2011
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
fQ;)
Introduction:
Bill 4-11, Commission for Women - Reorganization
Bill 4-11, Commission for Women - Reorganization, sponsored by the Council President
on recommendation of the Organizational Reform Commission, is scheduled to be introduced on
March 8, 2011. A public hearing is tentatively scheduled for March 29 at 7:30 p.m.
Bill 4-11 would eliminate the Office of the Commission for Women, reallocate certain
functions of the Office, and provide staff support for the Commission for Women.
Background
In
its report to the Council dated January 31, 2011, the Organizational Reform
Commission (ORC), in
Recommendation
#3,
recommended the County reorganize the
Commission for Women and eliminate the Office of the Commission for Women.
The full text of the recommendation is below.
.
1) consolidations and reorganizations
Reorganizations.
The and commissions:the following
Proposed Consolidations and
ORC proposes
for boards, committees
L
I
.--------­
.
.
a)
Commission for Women (CFW)
-
Current Budget-
$881,300 -
The ORC
commends the CFW, which over the years has served a very important function. But
as County government and the social landscape have evolved, it is clear that many of
the CFW's activities duplicate those provided by other agencies. We believe that the
CFW's .core functions can be served in other ways. The CFW's counseling and
career center is now duplicated to a great extent by the new Family Justice Center, the
County's Workforce Development program, Montgomery College, and private
entities and religious organizations.
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Additionally, the County's Office of Intergovernmental Relations effectively
advocates for the County at all levels of government including CFW issues.
~
The
I
ORC recommends that the Commission for Women be restructured as an
advisory committee attached to another department or unit deemed most
appropriate by the Council and Executive. This action could save the County more
than $800,000 annually.
Executive's Response
In a memorandum to the Council President dated February 21, 2011, the Executive
responded to each of the 28 recommendations in the ORC report (©6). The Executive supported
this recommendation with conditions as follows:
3. Reorganize the Commission for Women and eliminate the office.
County Executive's Position: Support with Conditions
I support the ORC recommendation regarding the reorganization of the Commission
for Women. My FY12 Recommended Operating Budget will address the
reorganization of this Commission, but in order to maintain the excellent work of the
Commission for Women I will recommend a reduction, but not the elimination of all
staff support. This recommendation requires implementing legislation which I will
forward to the CounciL
However, the Executive subsequently decided that his modified reorganization of the CFW did not
require County legislation, and he did not submit proposed legislation to implement this ORC
recommendation.
Bill 4-11, sponsored by the Council President on recommendation of the ORC would
implement ORC Recommendation #3.
This packet contains:
Bill 4-11
Legislative Request Report
Executive's ORC Recommendations Memo
February 21, 2011
Circle
#
1
5
6
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Bill No.
4-11
Concerning: Commission for Women ­
Reorganization
Revised:
March 7,2011
Draft No. --=2_ _ _ _ _ _ _ __
Introduced:
March 8, 2011
Expires:
September 8,2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-!..!N~on~e~___:::___--_
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President on the recommendation of the Organizational Reform Commission
AN
ACT to:
(1)
(2)
(3)
(4)
eliminate the Office of the Commission for Women;
reallocate certain functions of the Office of the Commission for Women;
provide for staff support for the Commission for Women; and
generally amend the law concerning the Commission for Women.
By amending
Montgomery County Code
Chapter lA, Structure of County Government
Section lA-203, Establishing Other Offices
Chapter 2, Administration
Section 2-59, Domestic Violence Coordinating Council
Chapter 11, Consumer Protection
Section 11-6, Filing Complaints
Chapter 27, Human Rights and Civil Liberties
Sections 27-26B, 27-28, and
27-33A
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 for Montgomery County, Maryland approves the following Act:
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BILL
No. 4-11
1
Sec. 1.
Sections
lA-203, 2-59, 11-6, 27-26B, 27-28
and
27-33A
are
2
3
4
5
amended as follows:
lA-203.
(a)
Establishing other offices.
Executive Branch. These are the offices of the Executive Branch that
are not part of a department or principal office.
[Office of the Commission for Women [section 27-28 et seq.]]
6
7
8
9
10
11
12
*
2-59.
*
*
*
*
Domestic Violence Coordinating Council.
*
(c)
(1)
(2)
Composition and terms a/members.
The Coordinating Council has 17 members.
The County Council requests the following individuals to serve
as ex officio members ofthe Coordinating Council:
(A) The Administrative Judge for District 6 of the Maryland
District Court or designee ofthe Administrative Judge;
(B) The Administrative Judge for the Montgomery County
Circuit Court or designee of the Administrative Judge;
(C) The State's Attorney for Montgomery County or designee
[or] ofthe State's Attorney;
(D) The Regional Director of the Division of Parole and
Probation, Maryland Department of Public Safety and
Corrections or designee of the Regional Director;
(E) The County Sheriff or designee of the County Sheriff; and
(F) The President of the County Board of Education or
designee ofthe President.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
(3)
Subject to confirmation by the County Council, the County
Executive should appoint the following individuals to serve as ex .
@
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BILL
No. 4-11
28
29
30
31
32
33
34
officio members ofthe Coordinating Council:
(A)
A member or designee of the County Council, selected by
the Council President;
(B)
(C)
The Chief of Police or designee of the Chief of Police;
The Director of the Department of Health and Human
Services or designee ofthe Director.
(D)
[The Executive Director]
£!
member or designee of the
Commission for Women [or designee of the Executive
Director1; and
35
36
37
(E)
The Director of the Department of Correction and
Rehabilitation or designee of the Director.
38
39
40
41
42
43
44
45
*
11-6.
Filing complaints.
*
*
*
*
*
(f)
Referral to the [Commission for Women1 Departments
gf
Economic
Development and Health and Human Services.
The Director may refer
a domestic worker to the [Commission for Women Counseling and
\
Career Center1 Department of Economic Development and the
Department of Health and Human Services for additional assistance if
the Director determines that the services offered there would benefit the
worker.
27-26B.
Interagency fair housing coordinating group.
46
47
48
49
50
51
*
(b)
*
*
The County Executive appoints the members of the coordinating group,
subject to confirmation by the County Council. The coordinating group
consists of one or more employees of each ofthe following agencies:
(1)
Office of Community Outreach in the Office of the Chief
52
53
54
o
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BILL
No. 4·11
55
56
57
Administrative Officer;
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)]
Human Rights Commission;
Housing Opportunities Commission;
Department of Economic Development;
Department of Housing and Community Affairs;
Community service centers;
Department ofHealth and Human Services; and
[Commission for Women; and
Commission on People with Disabilities.
58
59
60
61
62
63
64
65
66
67
*
27-28.
Created;
composition;
compensation
of members;
meetings[, etc.]
*
appointment;
*
terms
of
office
and
*
to support the Commission.
27-33A.
(a)
*
*
68
69
70
Staff.
The Chief Administrative Officer must designate appropriate staff
Fees.
The County Executive by executive order may impose user fees on
participants in [the programs, services, or activities] any program,
service, or activity conducted by the Commission for Women. [Fees]
Each fee must not exceed the reasonable cost of administering the
program, service, or activity.
71
72
73
74
75
76
77
(b)
The [Director] Chief Administrative Officer may waive the user fee
charged to a participant if:
(1)
(2)
The waiver would promote the purposes of this Article; and
The participant cannot afford to pay the fee.
78
79
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LEGISLATIVE REQUEST REPORT
Bill 4-11
Commission/or Women
-
Reorganization
DESCRIPTION:
Bill 4-11 would eliminate the Office of the Commission for Women,
reallocate certain functions of the Office, and provide staff support
for the Commission for Women.
The Organizational Reform Commission recommended that the
Commission for Women be reorganized and the Office eliminated.
Although the CFW has served an important function over the years,
many of its activities duplicate the activities of other County agencies
and private organizations. The goal is to restructure this function to
reduce County discretionary expenses to meet reduced County
revenues.
County Executive, Commission for Women
To be requested.
To be requested.
To be requested.
To be researched.
Organizational Reform Commission Report.
Robert
H.
Drummer, Senior Legislative Attorney
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EV ALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None.
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OFFICE OF THE COUNTY EXECUTIVE
lsiah
Leggett
County Executive
ROCKVILLE, MARYLAND 20850
MEMORANDUM
February 21, 2011
TO:
FROM:
V
~lerie
Ervin, President,
co~ty counc~.~
IsIah
Leggett, County
&.ecul.lV~
~
SUBJECT: Organizational Reform Commission Recommendations
This memorandum provides the County Council with my recommendations
regarding the final report of the Organizational Reform Commission (ORC) which was
released on January 31. 2011. I am deeply grateful to all of the ORC members, who were
very generous in volunteering their time andexpertise.and spent hundreds ofhours in.
developing the report. As the attached materials indicate, I am supportive ofmost of the
ORC recommendations and urge
the
Council
to
approve the recommendations as outlined
in my attached response.
The Commission has acknowledged that implementing
its
recommendations
will be difficult, time consuming and complex. However, this is not a sufficient
justification for failing to undertake the implementation effort. In addition, the
controversy and opposition that some of these recommendations have engendered are
also not alone a basis for rejecting the recommendations. Challenging the status quo will
always provoke opposition from entrenched interests and those not willing
to
undertake
necessary changes. At a time when we have requested that our residents shoulder
increases in taxes (Le. the energy, telephone and property taxes) and we have reduced
several important public safety and safety net services, and reduced funding for
education, we owe it to the taxpayers of this County to undertake the arduous task of
further restructuring our government in order to achieve every possible efficiency and
savings. Furthermore, my Fiscal Year 2012 Recommended Operating Budget is very
likely to include additional reductions
to
many vital programs and services. To ignore
possible long-term savings at this critical time would be a disservice to our taxpayers.
I realize that a majority of the County Council has already indicated that at
this time they do not support State legislation that would enable the Council to merge
Park Police and County Police if it later chose to do so. This legislation is a necessary
first step in implementing one of the most prominent recommendations of the ORC -- Le.,
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Valerie Ervin, President, County Council
Page 2
February 21,2011
a merger of the Maryland-National Capital Park and Planning Commission (M-NCPPC)
Park Police with the County Police Department.
l
The Council's recent action was not
taken in the context of the broader ORC report, this recommendation and the upcoming
March 15
th
budget recommendations. Unfortunately, the Council will have to make
extremely difficult decisions in the FY12 budget deliberations, including reductions to
services and programs, cuts in staffing levels, and possibly significant changes to pay and
benefits for County employees.
As
I stated at the time that the Council discussed the
proposed State legislation, I do not believe it was prudent for the Council to reject that
potential merger, and the savings and efficiencies that would arise from
that
merger,
before it fully evaluates all of the implications of that decision in the context of all of the
issues that relate to the FY12 operating budget.
I respectfully urge you to comprehensively evaluate the ORC
recommendations along with my recommendations and the implications for the FY 12
budget and beyond. My staff and I stand ready to work with you
to
ensure that the
efficiency and effectiveness of County Government is maximized.
Attachments
copies:
Organizational Refonn Commission Members
Stephen
B.
Farber, County Council Staff Director
Christopher S. Barclay, President, Board of Education
Dr. Jerry D. Weast, Superintendent, Montgomery County Public School
Jerry Robinson, Acting Executive Director, Housing Opportunities Commission
Francoise Carrier, Chair, Montgomery County Planning Board
DeRionne P. Pollard, Ph.D., President, Montgomery College
Jerry N. Johnson, General Manager/CEO, Washington Suburban Sanitary Commission
Executive Branch Department and Office Directors
Fariba Kassiri, Assistant Chief Administrative Officer
Jennifer Hughes, Special Assistant
to
the County Executive
MClPG
112-11 -
Maryland-National Capital Park and Planning Commission-County Police Authority,
Metropolitan District Tax, and Transfer ofProperty
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