Agenda Item # 14
March 29,2011
Public Hearing
MEMORANDUM
March 25,2011
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Analyst
~iU.1P
Public Hearing:
Bill 2-11, Criminal Justice Coordinating Commission
Support
Staff
Bill 2-11, Criminal Justice Coordinating Commission - Staff Support, sponsored by the
Council President on recommendation of the Organizational Reform Commission (ORC), was
introduced on March 8, 2011. A Government Operations and Fiscal Policy Committee
worksession is tentatively scheduled for April 14 at 9:30 a.m.
Bill 2-11 would eliminate the Criminal Justice Coordinating Commission (CJCC)
Director position and require the Police Department to provide staff support to the Commission.
In its report to the Council dated January 31, 2011, ORC recommended the County
eliminate the CJCC executive director position and house the Commission in the Police
Department (©4). The Executive opposed this recommendation (©5). Bill 2-11 would
implement the ORC recommendation as it relates to the CJCC.
This packet contains:
Bill 2-11
Legislative Request Report
Excerpt of Organizational Reform Commission Report
Excerpt of Executive response to ORC Report
Circle
#
1
3
4
5
F:\LAW\BILLS\II02 CJCC\Public Hearing Memo.Doc
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Bill No.
2-11
Concerning: Criminal
Justice
Coordinating Commission - Staff
Support
Revised:
3/2/2011
Draft No. 2
Introduced:
March
B,
2011
Expires:
September B, 2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
_~~~:--
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President on the recommendation of the Organizational Refonn Commission
AN
ACT to:
(1)
(2)
(3)
eliminate the Criminal Justice Coordinating Commission Director position;
require the Police Department to provide staff support to the Commission; and
generally amend County law regarding the Commission.
By amending
Montgomery County Code
Chapter 2, Administration
Sections 2-26 and 2-60
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. 2-11
1
Sec.
1.
Sections 2-26 and 2-60 are amended as follows:
2-26. Non-merit positions.
The following positions in the Office of the County Executive are non-merit
positions:
2
3
4
5
(a)
5 Directors of the Regional Services Centers;
6
7
8
9
10
11
12
13
14
15
(b) Director, Office of Community Partnerships;
(c)
(d)]
[Director, Criminal Justice Coordinating Commission;
4 Assistant Chief Administrative Officers; and
[(e)]
@
Special Projects Manager.
2-60. Criminal Justice Coordinating Commission.
'"
(9)
'"
'"
[(A) The County Executive must appoint, subject to Council
confinnation, a Director of the Commission.
(B) The Director is not a voting member ofthe Commission.
(C) The Director must help the Commission achieve its
objectives by:
(i)
facilitating
meetings;
(ii)
facilitating the coordination and communication of
Commission members;
(iii) assisting the Commission in obtaining information
and assistance from other County agencies and
programs as needed; and
(iv) assuring that the Commission has the staff and other
resources it needs.
the
coordination
of
Commission
16
17
18
19
20
21
22
23
24
25
26
(l0)] The [Chief Administrative Officer] Police Department must
provide staff support to the Commission subject to appropriation.
27
28
'"
'"
'"
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LEGISLATIVE REQUEST REPORT
Bill 2-11
Criminal Justice Coordinating Commission
-
StajJSupport
DESCRIPTION:
Bill 5-11 would eliminate the Criminal Justice Coordinating
Commission Director position and require the Police Department
0
provide staff support to the Commission.
The Organizational Reform Commission recommended that the
director position be eliminated and the Commission housed in the
Police Department.
The CJCC performs an important function in helping to coordinate
the programs and activities of the County's various criminal justice
agencies. However, it meets only 4 times a year, does not require an
annual report, and in other ways .has had its duties modified in recent
years. In the past, it has been staffed by County personnel who also
had other duties, rather than by a dedicated staff of its own. The goal
is to restructure this function to reduce County expenses in response
to the County's fiscal constraints.
County Executive, Police Department
To be requested.
To be requested.
To be requested.
To be researched.
Organizational Reform Commission Report.
Amanda Mihill, Legislative Analyst, 240-777-7815
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIEN CE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None.
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CJCOLegislative Request Report.Doc
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Montgomery County Organizational Reform Commission
This change would result in saving a substantial portion of the $1.7 million
currently budgeted for the HRC. We propose that the HRC and Committee on
HateNiolence be combined to make their efforts more concentrated and provide a
singular focal point for research and dissemination of information. This new
combined commission can be aligned with the Office of Community Partnerships
or another suitable entity, as determined by the Council and Executive. Finally,
the activities of the Interagency Fair Housing Coordinating Group - currently
supported by the Human Rights Office - should be returned to the Department of
Housing and Community Affairs, from which it was removed in 1996.
c) Interagency Coordinating Board for Community Use of Public Facilities
(CUPF) -
Current Budget -
$9,325,840.
);>
The ORC recommends a major modernization of the property management system
for Community Use of Public Facilities. We also believe it
is
appropriate that the
functions ofthe Office and Board move to the Department of General Services.
Since CUPF is an enterprise fund, no taxpayer savings would be generated by
these reforms, but it is highly likely that the efficiencies resulting from the moves
could reduce costs to users or· assist in improving services, thereby allocating a
portion of its $9.3 million budget to more effective uses.
d)
Criminal Justice Coordinating Commission (CJcq -
Current Budget
$158,000 -
The CJCC performs an important function in helping to coordinate the
programs arid activities of the County's various criminal justice agencies.
However, it meets only four times a year, does not require an annual report, and in
other ways has had its duties modified in recent years. In the past, it has been
staffed by. County personnel who also had other duties, rather than by a dedicated
staff of its own.
);>
The ORC believes that staff support for the CJCC does not require an executive
director post that is now staffed by a high-level appointee. We recommend
elimination. of this position. We also recommend that the CJCC be housed in the
Police Department, which would provide for its part-time staffsupport.
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collaboration. The operation of CUPF is intertwined closely with MCPS, and its
success today is the result of many years of relationship building.
Financial impact:
As
noted above, no savings would be generated by moving
CUPF, an Enterprise Fund, under DOS.
It
should also be noted that Section
44­
5A of the County Charter requires reimbursing MCPS for the costs of supporting
community use, which mean more than
70%
of CUPF's budget is returned
to
MCPS to cover staff: utility, custodial, and maintenance costs,
with
the remaining
30%
covering operations to include funds returned to the General Fund.
Another observation made by ORC was that with efficiencies, perhaps fees could
be reduced. The ICB has continually worked to keep rates affordable to ensure
access to public space by community groups
(98%
of which are non-profits) while
at the
same
time meeting its own financial obligations. Without any
tax
dollar
support, CUPFs fees remain among the most competitive in the area.
6.
Reorganize
the Criminal Justice
Coordinating Commission and eliminate the
Executive
Director
position.
County Executive Position: Oppose with Explanation
The Executive Director is part of the County Executive's Office and staff.
r
have
already reduced my Office's direct support over the past few years with a 25%
reduction in FY
2011
and an additional 15% recommended in my
FY
2012
budget The additional loss of another position would further compromise my
staffs ability to fulfill the mission of
the
County Executive's Office. Placement
of the Executive Director position as a collateral duty for an individual in another
agency would compromise the ability to implement the work of the Commission.
The Executive Director position must
be
a
high-level, appointed position, directly
representing the County Executive in order to integrate the Executive's priorities
and work with the other high-level appointees on the Commission. In addition,
placing
the position or duties of the Executive Director
in
one department would
create the appearance of either favoritism or a particular direction which would
undermine the rationale of the Commission.
Further,
adding the
duties
to
an
already existing position woul.d minimize the ability to coordinate
inter~agency
activities,
The Executive Director, as either a representative of me or as an ex-officio
attends the following Board, Committee or Commission or agency meetings: the
Disproportionate Minority Contact Committee of the Collaboration Council. the
Juvenile Justice Commission, the Domestic Violence Coordinating Council, the
Domestic Violence Fatality Review Team, the Commission on Veterans Affairs,
the Criminal Justice Behavioral Health Initiative, and the Department of
Correction and Rehabilitation's Re.Entry Program. Time constraints and the need
for overall coordination would not permit that to continue
jf
the Executive
Director position were eliminated, regardless of whether those memberships are
distributed among several individuals or one person.
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\Vhile the full Criminal Justice Coordinating Commission (CJCC) meets
quarterly, the Steering Committee meets dwing the intervening months (8
meetings per year) to discuss Commission policies, identify macro criminal
justice issues, resolve conflicting inter-agency issues, discuss participation in
agency proposals and discuss possible CJCC studies; addresses budget issues
facing either individual agencies or the entire Public Safety Clusters (the Steering
Committee had already been examining budget reductions and their ripple effects
prior to the OMB generated cluster budget meetings); discuss participation in
agency initiatives to address problems in other
CICC
participating agencies (i.e.
the HHS initiative to establish a diversion program to address the pressures on the
District Court and the Department of Corrections and Rehabilitation); and,
identify issues of macro concern for presentation to the full Commission. The
Steering Committee also identifies areas where studies are required to mitigate
problems being faced by one or more of the component agencies.
The public safety/criminal justice field is unique
in
that almost all of the
participating agency criminal justice re1ated programs are inextricably linked to
the point that the elimination of a program in one agency will affect several other
agencies.
As
to the comment about CJCC responsibilities having
been
moditied in recent
years,
jf anything, those modifications have
increased~
rather than decreased,
the
responsibilities of the CJCC.
Finally, the law does not require the CJCC
lO
write
an
annual report because
all
of
its
activities are part of its constituent agencies. Any additional report would be
duplicative of the other submissions.
7. Enable the Workfon:e Investment Board and the Division ofWorkfof.:e
Services
to coordinate
oversight of the
workforce grants awarded
by
the
Executive and
the Council.
County Executive's Position:
Support
with Conditions
The County Executive generally supports the ORC recommendations regarding
Workforce Training with the following exceptions:
• The Division of Workforce Services (DWS) contractors should only work
with the grantees to increase their knowledge and
skills.
• The DWS should oversee grants and develop the network among the grantees.
• Checks are issued by the Department of Finance. Therefore, there would be no
assumption about lower costs due to oversight of grants by the one-stop
operator.
• Assigning DWS contractors to oversee other contractors would
be
problematic.
5