AGENDA ITEM #8A
December 4,2012
Action
MEMORANDUM
November 28,2012
TO:
FROM:
SUBJECT:
County Council
Amanda MihilI, Legislative
Attorney~
Action:
Bill 23-12, Administration
Open Government
Government Operations and Fiscal Policy Committee recommendation (3-0):
enact Bill
23-12 with amendments.
Bill 23-12, Administration - Open Government, sponsored by Councilmembers Riemer and
Andrews, Council President Berliner, and Council members Leventhal, Floreen, Navarro, and Ervin,
was introduced on July 31, 2012. A public hearing was held on September 18 at which 2 speakers
supported the Bill (see testimony ©14). A Government Operations and Fiscal Policy Committee
worksession was held on November 26.
As introduced, this Bill would require an agency to make a public data set available on the Internet
within 1 year of the effective date of the Bill. The public data set that an agency makes available
must be accessible through a single web portal that is linked to \vww.montgomerycountymd.gov or
any successor website maintained by, or on behalf of the County. Bill 23-12 would also require the
County to maintain a website that includes certain information on requests submitted to the County
under the Maryland Public Information Act and the County's response to that request and require
the Chief Administrative Officer to report to the Council on the Executive Branch's compliance
with the Maryland Public Information Act.
Background
The County is currently testing an open data website: data.montgomerycountvmd.gov. The goal of
this initiative is to' "increase public access to County data in an effort that supports government
transparency, openness and innovation. Montgomery County's departments and agencies publish
data on this website to provide County residents the ability to view, search, sort, filter, download or
build applications which access the County's high value data." Information currently on that website
include cable complaint data, election polling places, public school locations, and HHS facility
locations.
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The Fiscal Impact Statement for Bill 23-12 is attached on © 17. According to this statement, the
Executive Branch provides the following estimates for publishing county data sets: $96,000 one­
time cost in the first year; $386,000 per year for ongoing fixed costs (including internal and external
support costs, DTS software licensing, and DTS application support); and $7,200 variable cost per
data set (including DTS, other department, and County attorney review). The Executive branch
provides the following estimates for publishing MPIA responses on the web: $88,000 one-time cost
in first year; $32,000 for ongoing costs (including DTS application management and maintenance
and MPIA training for departments); $390,000 one time expense for a compliance tracking system;
and $220,000 ongoing costs for tracking system (including maintenance and support).
A revised fiscal impact statement, which assumed adoption of the Riemer/Executive amendments,
is on ©25 and 26. The elements of this statement are substantially the same, except that the
statement does not include costs related to the purchase and maintenance of an MPIA tracking
system software. Executive staff explained that because the Riemer/Executive amendments would
no longer require the CAO to report on compliance with the MPIA, this tracking system is no
longer needed. Rather, the Riemer/Executive amendments require only that annual report on the
Open Data Implementation Plan include an update on the implementation of §2-159.
Issues/Committee Recommendation
Executive comments
The Executive supports the intent of Bill 23-12 (©14). As noted in the
testimony, Executive staff worked with Councilmember Riemer on amendments.
At the
worksession, Councilmember Riemer offered these amendments;
the Committee
(3-0)
recommended adoption of these amendments
(see amended bill on ©l). In general, these
amendments would remove some of the specific provisions of the bill and require an Open Data
Implementation Plan (a Method 2 Regulation) to address those elements. The chart below compares
major differences between Bill 23-12 as introduced and the Committee recommendation.
I
Bill 23-12 as Introduced
i
I
Riemerl Exec Amendm--,en,-t-,-s_ _
~
_ _
----1
Definitions
Data
I
I
mp
I
em entatIOn
!
• Open Data
Data would include statistical or factual Data does not include this
int;"rnn<>tinn
infonnation about an image file and
eo ra hic information s stem data.
~'
No definition.
• The plan developed by the CAO to implement
1
t
h
e b'll
A comprehensive collection of interrelated
data available for public inspection and
maintained on a computer system,
Data set availability
Availability
Public data sets must be on the web within 1
year.
Updates
Plan (OOlP)
Public data set
I
Data eligible for publication by the ODIP,
I
i
Chan
g
esl
I
removal
Data sets must updated as often as
necessary to preserve the integrity and
usefulness of the data set.
• Data sets rna
y
not be chan
g
ed/removed if
its
ODIP to address when and how an acrency can'
been on the web for 6 months without change/remove data sets,
,
I
CAO's approval.
Some public data sets must be on the web
I
within 1 year; other sets available within the.
timeframe set in the OOlP,
Data
se1s
must be updated as required by the
I
ODIP.
2
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CAO must assign appropriate staff to
manage the public data sets.
Open Data Com i1liance Plan (Method 2 Regulation)
Compliance Plan updates submitted
i
Updates
annually beginning July 15, 2014.
Maryland Public Information Act (MPIA) responses
Requires certain elements of a PIA response
• Elements
i
to be posted to the web.
The CAO must report quarterly on Exec.
I
Reports
Branch coIl1,eiiance with the MPIA.
Staffing
ODIP must address appropriate staffing.
I
i
!
A report on the ODIP must be submitted
I
annually beginning
Jul~
15,2015.
i
The elements that will be posted to the web
I
will be identified in the ODIP.
ODIP reports must include an update on the
I
implementation on this part of Bill 23-12.
.
MCCF recommended amendments At the public hearing, the Montgomery County Civic
Federation supported Bill 23-12 and urged the adoption of several amendments (©I5):
Advisory Committee
MCCF recommends the County create an Open Government Data
QualitylUtility Advisory Committee to provide guidance on data improvement, mechanisms for
promoting use of the data, and priorities for advancing Open Government through increasing public
access to government data sets. Council staff cautions Committee members about creating another
advisory committee at this juncture. As Councilmembers will recall, last year the Council enacted
Bill 32-11, Boards, Committees, and Commissions - Committee Evaluation and Review Board
Report. Bill 32-11 stated:
The County has many boards, committees, and commissions that provide a valuable
service to the County with the work they perform. These boards, committees, and
commissions require significant personnel and operating costs to function. In Fiscal
Year 2011, the County spent an approximate $1.4 million on personnel and operating
costs to support the County's boards, committees, and commissions. While these
boards, committees, and commissions provide a valuable service, there may be
opportunities for consolidation.
Bill 32-11 gave the Committee Evaluation and Review Board (CERB), the advisory group appointed
every 10 years to review and make recommendations on individual advisory committees and the
committee structure as a whole, additional responsibilities to report on, including requiring CERB to
review and make recommendations on certain advisory boards, committees, and commissions that
request to be continued, and providing scenarios to reduce County staff time supporting boards,
committees, and commissions. The CERB report is due to the Council and Executive in approximately
6 months. Committee recommendation (3-0): Do not establish this advisory committee. After
reviewing the CERB report that will address how advisory committees contribute to costs and
employee workloads, and determining how Bill 23-12 is being implemented, the Council could
introduce legislation establishing an advisory commission if one is warranted.
Additional considerations
MCCF also made several observations about Bill 26-12 and noted that the
bill did not:
• set priorities for data being released;
• establish requirements for metadata;
• promote the development of software applications;
• create a feedback mechanism to report errors and other concerns;
• provide incentives for agency participation; or
3
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• provide resources to agencies to assure data quality or user documentation.
Committee recommendation
(3-0): Do not amend Bill
23-12
further. Many of these issues could be
addressed in the Open Data Implementation Plan
Council staff also made the following comments:
• Bill
23-12
as amended would not set specific priorities for data inclusion, but does require this
information to be part of the Open Data Implementation Plan.
• Bill
23-12
as amended would require the County to implement a mechanism to solicit public
feedback.
• Although the bill does not specifically provide resources to agencies to comply with its
requirements, that is not unusual. If a department needs additional funds to comply with the
requirements of Bill
23-12,
the department can request a supplemental appropriation or request
funds during the annual budget process.
Committee recommendation
(3-0): enact Bill
23-12
as amended.
This packet contains:
Bill
23-12
Legislative Request Report
Testimony
Fiscal/Economic Impact Statements
Revised Fiscal/Economic Impact Statements
Circle
#
1
13
14
17
25
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Bill No. _ _
-=~=--
_______
Concerning: Administration
Open
[[Government1],,.,,D""'a""ta'--_ _ __
Revised:
7127/2012
Draft No.4
Introduced:
July 31,2012
Expires:
January 31, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
--!..!N~on""'e!...._
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Riemer and Andrews, Council President Berliner, and Councilmembers
Leventhal, Floreen, Navarro, and Ervin
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
(6)
require the County to make certain public data sets available on a single web portal
on the internet;
require the [[Department of Technology Services]] County to develop a technical
standards manual for publishing public data sets;
require the County to develop rra Compliance]] an Open Data Implementation Plan;
require the County to include on the single web
portal,
a website that includes
certain information on requests submitted to the County under the Maryland Public
Information Act and the County's response to that request;
require the Chief Administrative Officer to report to the Council on the Executive
Branch's [[compliance with]] responses to the Maryland Public Information Act;
and
generally amend County law regarding administration.
By adding
Montgomery County Code
Chapter 2, Administration
Article XIV, Open [[Government]]
Sections 2-152, 2-152, 2-153, 2-154,2-155,2-156,2-157, [[and]] 2-158, and 2-159
Boldface
Underlining
[Single boldface brackets]
DOLJble 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. 23-12
1
2
3
4
Sec. 1. Article XIV (Sections 2-152, 2-152, 2-153, 2-154, 2-155, 2-156,
2-157, [[and]] 2-158, and 2-159) is added to Chapter 2 as follows:
Article
XIV.
Open [[Government]] Data
2-152. Title.
5
6
7
This Article
Act."
2-153. Definitions.
known as the "Montgomery County Open [[Government]] Data
8
9
10
In
this Article, the following words and phrases have the following meanings:
Agency
means any department or office[[.l. department, division, board,
committee, commission]] of the County government.
Data
means the final version of digital information:
11
12
13
(ill
ill
in
~
structured, statistical, or alphanumeric form (i.e., list,
table, graph, chart, or other non-narrative form) that can
be digitally transmitted or processed; or
14
15
16
17
(in
in an unstructured, factual, or content form (i.e., fact
sheet, memorandum, press release, compliance guidance,
manual, or other narrative form) that can be digitally
transmitted or processed; and
18
19
20
21
22
23
(Q)
regularly created or maintained
Qy
or on behalf of and owned
Qy
an agency that records
~
file, measurement, transaction, or
[[determination]] final decision related to the mission of an
agency.
Data
does not include any information provided to an agency
Qy
another
24
25
government entity; or any image file, such as
~
design, drawing, map, photo,
or scanned
£QPY
of an original document.
[[Data
includes statistical or
26
27
factual information about the image file and geographic information system
data.]]
@
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BILL
No.
23-12
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[[Department
means the Department of Technology Services.]]
[[Determination
means any agency's final decision about
£!:
person,
including:
U!}
29
30
31
eligibility for services or benefits;
issuing
£!:
permit;
registration, certification and licensing; and
liability for civil and criminal penalties.]]
32
33
(Q)
W
@
34
35
Maryland Public Information Act
or
Act
means the Maryland Public
Information Act, codified at Sections 10-611 through 10-630 of the State
Government Article of the Maryland Code.
36
37
38
39
Measurement
means to quantify any characteristic of an observable event,
occurrence, or object
Qy
comparison to
£!:
reference standard.
40
41
42
43
44
45
46
47
48
Open Data Implementation Plan
means a plan developed by the Chief
Administrative Officer to implement this Article and as further described in
Section 2-158.
Open standard
means
£!:
technical standard developed and maintained
Qy
£!:
voluntary consensus standards body that is available to the public without
royalty or fee.
Public data set
means
[ill
comprehensive collection of interrelated data that
is available for inspection
Qy
the public under any provision of law and is
maintained on
£!:
computer system
12L
or on behalf of, an agency.]] data
49
50
51
identified as eligible for publication by the Open Data Implementation Plan.
Public data set does
not include any portion of
£!:
data set that is not subject
to disclosure under any Federal or State law, including the Maryland Public
Information Act.
52
53
Technical standard
means:
C3J
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BILL
No. 23-12
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the common and repeated use of
~
rule, condition, guideline, or
characteristic for any product or related process and production
method, and related management systems practice; and
(Q}
58
59
60
61
ill
ill
ill
ill
ill
the definition of
~
term;
classification of
~
component;
delineation of
~
procedure;
specification of dimension,
design, or operation;
measurement of quality and quantity in describing any
material, process, product, system, service, or practice;
material,
performance,
62
63
64
65
®
ill
test method and sampling procedure; or
description of fit and measurement of size or strength.
66
67
Transaction
means any interaction between an agency and any person
related to the mission of an agency.
~
68
69
70
Voluntary consensus standards body
means
organization that develops and maintains
~
domestic or international
~
technical standard that uses
transparent deliberative process, permits the participation of any party, and
achieves general consensus, although not necessarily unanimity, of the
participating parties, including
~
process to attempt to resolve any difference
in viewpoint.
2-154. Public data set availability.
71
72
73
74
75
76
77
78
W
[[An
agency]] The County must make
[[~JJ
some public data sets
available on
~
single web portal on the Internet within
1
year after this
Article takes effect. Every agency must make at least one public data
set availableJo be published on a single web portal within the
timeframe prescribed by the Open Data Implementation Plan.
The
79
80
Open Data Implementation Plan must assign and prioritize by
o
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BILL
No. 23-12
81
subcategories the order in which public data sets should be published.
To prioritize public data sets in the Open Data
Implem~I]Yition
82
83
Plan,
the Chief Administrative Officer must consider whether information
embodied in the public data set:
84
85
86
ill
ill
ill
ill
ill
can
be
used
to
Increase
agency
accountability
and
87
88
improves public knowledge of the agency and its operations;
furthers the mission of the agency;
creates economic opportunity; or
responds to a need or demand identified by public consultation.
~
89
90
91
[[If an agency cannot make
public data set available, the agency
92
93
94
95
must report to Executive and Council:
ill
which public data set it is unable to make available;
the reasons why the agency cannot make the public data set
available; and
ill
ill
Any
96
97
the date
Qy
which the agency expects the public data
available on the single web portaL]]
to be
98
99
100
101
102
103
104
105
106
public data set that an agency makes available on the
~
Internet must be accessible through
to
single web portal that is linked
or
any
successor
website
www.montgomerycountymd.gov
maintained
12L
or on behalf
ill:
the County.
W
@
A public data
must be made available as specified in technical
standards [[identified
Qy
Method
Z
regulation]]~
A public data set must be published in
~
format that permits
automated processing and must make use of appropriate technology to
notify the public of all updates.
t'[:J
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No.
23-12
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108
109
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112
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Once published, a
[[A]]
public data set must be updated as often as is
[[necessary to preserve the integrity and usefulness of the data set to
the extent that the agency regularly maintains or updates the public
data set]] required by the Open Data Implementation Plan.
ill
A published public data set must be made available without any
registration or license requirement or restriction on use. However, the
[[Department]] County may require
!!
third
~
113
114
115
providing to the
public any public data set, or application utilizing that data set, to
explicitly identify the source and version of the public data set and
describe any modification made to that data set.
In this Section,
116
117
118
registration or license requirement or restriction does not include any
measure required to:
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
ill
ill
assure access to
!!
public data set;
protect the single web site housing
!!
public data set from
unlawful abuse or an attempt to damage or impair use of the
web site; or
ill
{g}
analyze the
~
of data being used to improve service delivery.
A published public data set must be accessible to external search
capabilities.
.(h)
Nothing in this Article prohibits an agency from:
disclosing information not otherwise defined
portaL
ill
voluntarily
data; or
ill
making
voluntarily disclosed information accessible through the single web
ill
[[After
!!
public data set has been available on the web portal for
§
months, an agency must not change or terminate collection of data or
remove the data set from public access without the approval of the
Chief Administrative Officer
- - -
Chief Administrative Officer's
or the
(§)
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No. 23-12
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
designee.]] The Open Data Implementation Plan must address when
and how an agen£.Lmay change or terminate collection of data or
remove the public data set from public access.
ill
[[The Chief Administrative Officer must assign appropriate staff to
manage the public data sets.]] The Open Data Implementation Plan
must address appropriate staffing to manage the published public data
sets.
2-155. Web portal administration.
.cru
The [[Department may take reasonable measures]] Open Data
Implementation Plan must address measures to maintain bandwidth
availability of the web portal.
ru
W
The [[Department]] County must conspicuously publish the open data
[[legal]] policy in Section 2-156 on the web portal.
The [[Department]] County must implement [[an on-line forum]] g
mechanism to solicit public feedback and encourage public discussion
on open data policies and public data
portal.
availability on the web
@
An agency must consider any request that it receives through the [[on­
line forum]] public feedback mechanism to include g particular public
data set when making any determination as to priority for public data
set inclusion on the single web portal.
An
agency's consideration of
such a request must defer to the priority assigned to publication by the
Open Data Implementation Plan.
2-156. Open data [[legal]] policy.
.cru
A public data set made available on the web portal is provided for
informational purposes. The County [[does not]] makes no express or
implied warranty as to the completeness, accuracy, content,
t7J
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No.
23-12
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162
163
164
165
166
167
168
169
170
171
172
173
174
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176
177
178
179
180
181
182
183
184
185
186
merchantability, or fitness for any particular purpose or use of any
public data set made available on the web portal[[,. and no warranty is
implied with respect to any public data set on the web portal]].:.
.Gil
The County is not liable for any deficiency in the completeness,
accuracy, content, or fitness for any particular purpose or use of any
public data set, or application utilizing the data set, provided
third party.
hY
any
(£)
This Article and the Open Data Implementation Plan [[does]] do not
create
~
private right of action to enforce
[~]]
their provisions.
Failure to comply with this Article or the Open Data Implementation
Plan must not result in liability to [[an agency]] the County.
2-157. Internet data set policy and technical standards.
W
Within 180 days after this Article takes effect, the [[Department]]
County must prepare and publish
~
technical standards manual for the
~
publishing of
~
public data set in raw or unprocessed form through
single web portal
hY
an agency
to make public data available to the
greatest number of users and for the greatest number of applications.
The manual:
ill
must use open standards for web publishing and e-govemment,
whenever practicable;
ill
ill
ill
must identify the reason why each technical standard was
selected and to which
~
of data
i!
applies;
may recommend or require that data be published in more than
one technical standard; and
must include
~
plan to adopt or utilize
~
web application
programming interface that permits application programs to
([)
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No. 23-12
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193
194
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196
197
198
199
200
201
202
203
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205
206
207
208
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request and receIve public data sets directly from the web
portal.
(hl
{£}
The [[Department]] County must update the manual as necessary.
The [[Department]] County must consult with appropriate voluntary
consensus standards bodies and, when participation is feasible, in the
public interest, and is compatible with agency and departmental
missions, authorities, and priorities, participate with such bodies in the
development of technical and open standards.
2-158. [[Aeency]] QDen Data [[Compliance]] Implementation Plan.
ill
Within
.lli
months after this Article takes effect, the [[Department]]
Chief Administrative Officer must [[submit]] issue, via Method (2)
regul~tioI1"
an Open Data
[[f!
Compliance]] Implementation Plan [[to
the Executive and Council and must make the Plan available to the
public on the web portal.
Each agency must cooperate with the
Department in its preparation of the Plan]].:. The Plan must:
ill
ill
include
f!
summary description of
f!
public data set under the
control of each agency on or after this Article takes effect;
prioritize the public data sets for inclusion on the single web
portal on or before December
31, 2018,
under the standards
adopted by the [[Department]] County under Section
2-157;
and
ill
(hl
create
f!
timeline for their inclusion on the single web portal
If
f!
public data set cannot be made available on the single web portal
on or before December
31, 2018,
the Open Data Implementation Plan
must state the reason why the set cannot be made available, and, to the
extent practicable, the date by which the agency in possession of the
211
212
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No.
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231
public data set believes that it will be available on the single web
portal.
i£)
[[To prioritize public data sets, an agency must consider whether
information embodied in the public data set:
ill
ill
ill
ill
ill
can
be
used
to
increase
agency
accountability
and
responsIveness;
improves public knowledge of the agency and its operations;
furthers the mission of the agency;
creates economic opportunity; or
responds to
f!
need or demand identified
Qy
public consultation.
@]]
No later than July
l.2..,.
[[2014]] 2015, and every July
12
thereafter, the
[[Department]] Chief Administrative Officer must submit to the
Executive and Councit and post on the web portal, [[an update ofJ]
~
report on the Open Data [[Compliance]] Implementation Plan [[to the
Executive and Council]] until all public data sets to be published have
been made available through
f!
single web portal as required
Qy
this
Article. The [[update]] report must [[include]] explain:
ill
ill
ill
the specific measures taken to make
f!
public data set available
on the single web portal since the previous [[update]] report;
any specific measure that will be taken before the next
[[update]] report;
[[an update to]] whether the list of public data sets, [[if
necessary]] outlined in the Open Data Compliance Plan should
be updated;
232
233
234
235
236
237
238
ill
[[any change to]] whether the prioritization of public data sets
in the Open Data Compliance Plan should be changed; and
?lOJ
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2-15[~]]2:
ill
[[
an update to]]
whether the time line outlined in the Open Data
Compliance Plan for the inclusion of
~
public data set on the
single web portal, [[ifnecessaryl1 should be changed.
[[~]]
(ill
If
~
previously unidentified public data set cannot be made
available on the single web portal on or before December
lL
2018,
the [[update]] report must explain why it cannot and, to the extent
practicable, specify the date
Qy
which the agency in possession of the
public data set believes that the public data set will be available on the
single web portal.
Public Information
Act Responses.
W
Definitions.
In this Section, the following words and phrases have the
following meanings:
County
means Montgomery County and includes any Executive Branch
251
252
253
department or office and any Legislative Branch [[department or]]
office.
Legislative Branch office
means any office identified in Section lA-203
254
255
Cbt the Board of Appeals. and the Merit System Protection Board.
Information request
means
~
256
257
258
259
260
261
262
263
request for documents submitted to the
County under the Maryland Public Information Act.
{hl
The Chief Administrative Officer must identify in the Open Data
Implementation Plan what data elements and a schedule to make
available on the web portal for [[each]] information [[request submitted
to the County under]] relating to the implementation of the Maryland
Public Information Act
Qy
[[and]] the County [[County's response to
that
request]]~
fil:l
~iIlS\1223
administration - open govemment\bill5 committee.doc
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BILL
No. 23-12
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
W
The Legislative Branch must post all data elemellts. as identified by the
Open Data Implementation Plan. on the same single web portal used by
the Executive Branch.
[[Except as provided in subsection
@1
the web portal must include:
ill
ill
ill
ill
each information request submitted to the County;
the date when the County received the information request;
the status of the information request;
if the information request was not answered within 30 days after
the County received
it
the reason for the delay; and
ill
the final response to the information request.]]
[[@
The Chief Administrative Officer must not include on the web portal
any electronic mail address, home address, or telephone number of any
individual who submitted
fI:
responsive document.]]
[[UU]]
@
The Chief Administrative [[Officer]] Officer's report required by
Section 2-158 must [[report quarterly to the Council on the Executive
Branch's compliance with the Maryland Public Information Act The
report must cite the statutory exception that supports each denial or
partial denial of an information request]] include an update on
implementation of this Section.
®
~\biUS\1223
administration - open govemment\bHl 5 committee. doc
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LEGISLATIVE REQUEST REPORT
Bill 23-12
Administration
-
Open Government
DESCRIPTION:
This Bill would require an agency to make a public data set available
on the Internet within 1 year of the effective date of this' Bill. The
public data set that an agency makes available must be accessible
through
a
single
web
portal
that
is
linked
to
www.montgomervcountvmd.gov or any successor website
maintained by, or on behalf of the County.
The amount of government data that is on the web is limited.
To make more public documents easily accessible.
Technology Services
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
nJa
F:\LAW\BILLS\1223 Administration - Open Government\LEGISLATlVE REQUEST REPORT Doc
f:\law\bills\ 1223 administration - open government\legislative request repol
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Bill 23-12,
Administration
Open Government
Testimony of Fariba Kassiri, Assistant Chief Administrative Officer, on behalf of
County Executive Isiah Leggett
Public Hearing
September 18, 2012
Good afternoon. My name is Fariba Kassiri and I am an Assistant Chief
Administrative Officer with the Office of the County Executive. I am here to testify on
behalf of County Executive Leggett on Bill 23-12.
The bill would require the County to 1) make certain public datasets
a~ailable
on
a single web portal; 2) develop a technical standards manual for publishing public
datasets; 3) develop an Open Government Compliance Plan; 4) publish on a single web
portal the County's response to all requests submitted under the Maryland Public
Information Act (MPIA), and; 5) report on the County's compliance with the MPIA.
The County Executive believes that the spirit ofthis bill is consistent with/his
vision for our already open, transparent, and responsive County government; He believes
the success of our other accountability systems such as MC311 and CountyStat and
integration of social media tools and emerging technologies (e.g. web/mobile apps) have
set the stage for a successful implementation of a robust Open Government initiative..
Our well educated and highly informed residents and businesses expect the best
from their government. They are anticipating more advancement in government
innovation and transparency, better opportunities for community participation, and easier
access to County government services, information, and data While we have made great
progress already by making most of our datasets publicly available, residents and other
stakeholders sometimes have to contact and/or access several different sources, websites,
or locations to obtain the data they seek. This bill is intended to solve that problem I
also want to acknowledge Councilmember Riemer's leadership as the lead sponsor of this
bill and his cooperation with Executive staff
The County Executive is very supportive of this bill's the intent. Per his
direction, we have been working with Councilmember Reimer on certain amendments
which would allow many of the defined terms and requirements of the bill (e.g., types
and sources of data, system upgrades/maintenance, resource needs, and publication
timelines) to be fleshed out in the Open Government Compliance Plan required by the
bill. We look forward to working with the full Council as it considers this bill.
Thank you for the opportunity to testify today.
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5
Montgomery County Civic Federation's Resolution in Support of County Council Bill 23­
12, Administration - Open Government
Presented by James H. Zepp, September 18,2012
Thank you for this opportunity to address the Montgomery County Council regarding Council Bill
23-12. My name is James Zepp and I reside at 10602 Lockridge Drive, Silver Spring. I also
serve on the Montgomery County Civic Federation's Executive Committee and am the Chair of
its Public Safety Committee.
The Montgomery County Civic Federation (MCCF) supports the adoption of the County Council
Bill 23-12 which mandates that the County agencies begin publishing data sets containing
information that they either collect or generate as part of their normal duties. However, the
MCCF recommends the creation of an Open Government Data Quality/Utility Advisory
Committee that would be charged with providing the County with guidance on data
improvement, mechanisms for promoting use of this information, and priorities for advancing
Open Government through increasing public access to government data sets.
The bill sets an annual schedule for these activities. creates a basic administrative structure for
overseeing these activities, and provides public access to these data sets through a single Web
portal.
The MCCF generally supports a'ny measures that promote open government and accountability
by expanding or enhancing citizens' access to public information and data which is the purpose
of this bill. However, the MCCF suggests that the bill be amended to include provisions that
would encourage agency participation in this effort and contribute to the usefulness and data
quality of the information released under this legislation.
While the proposed legislation does establish basic requirements for the agencies such as the
time line for pl:Jblication (one data set per governmental unit in the first year), it does not
1. set any priorities for the subject matter or type of information being released,
2. establish requirements for meta-data or user documentation that may provide citizens
with a clearer understanding of the information contained in a published data set.
3. promote the development of software applications using these data sets that would
make them more accessible to non-technical users.
4. create a feedback mechanism to inform contributing agencies of errors, omissions, or
other concerns with the published data sets.
5. provide any incentives for agency participation. and
6.. provide any resources to the agencies for assuring data quality or comprehensive user
documentation.
The bill does allow the agencies to choose what information is released in this manner which
mayor may not be of general interest or value to the public.
Because similar efforts have been undertaken by the Federal and many state and local
governments, Montgomery County can benefit from their prior experience. This includes
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innovative ways to generate applications using government data which encourages public use
by citizens who may not have the technical data analysis or programming capabilities to use
raw data files; provide both positive and negative feedback to contributing agencies; and
promotes use of the released data sets by academics and professional researchers which
could lead to better data quality, expand public use of this information, and identify priorities for
future data releases.
Some earlier efforts have led to embarrassing incidents because of missing or erroneous
entries in some of the data sets that were released. One of the most widely publicized of these
involved the recipient reports for the Federal Stimulus Grants which included many missing or
nonexistent Zip Codes and Congressional Districts as well as some highly questionable
financial and jobs figures. Consequently with little resources or staff to assure complete and
accurate information, agencies tend to publish information considered as potentially harmless
as possible to their interests.
While the County's Chief Administrative Officer is tasked with assuring agency compliance and
the Departm'ent of Technology is responsible for developing technical standards, there is no
central leadership identified for promoting the intent of this bill-open government through
increased information access for the public. This function could be addressed with the creation
of an Open Government Data Quality/Utility Advisory Committee. Because Montgomery
County is home to many governmental and private research and information systems agencies
and organizations as well as many colleges and universities, we should draw from these local
re:;;ources.
Furthermore, this group could be charged with developing mechanisms for improving agency
feedback, creating data applications, and providing the County government with direction for
improving the content and quality of information released through this effort. Originally initiated
by the DC government and replicated by the Federal and other governments, competitions
have been held for programmers to develop new applications using public data. For modest
amounts of prize money, new uses and attention were generated for the open government data
sets being published. Similarly research competitions have encouraged proposals from
academic institutions that use public data sets in studies or provide enhanced information to
contributing agencies. Finally discussions and findings by the Advisory Committee can provide
substantive feedback to the agencies that could improve data quality and processing for public
relea.se.
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cc
:.:;ef
LL.
ROCKVILLE, MARYLAND
070644
MEMORANDUM
October
25, 2012
.
"
;.
::
..
'J
-.
'-i
TO:
Roger
Berliner,
President, County Council
Jennifer A. Hughes, Director, Office of Management and Budget
Joseph F. Beach, Director, Department of Finance
~
Council
BiIl23-12-
Administration - Open Government
FROM:
SUBJECT:
(J
~
.
Attached please find the fiscal and economic impact statements for the above-referenced
legislation.
JAH:nm
c: Kathleen Boucher, Assistant Chief Administrative
Officer
Lisa Austin. Offices ofthe Co\mty Executive
Joy Nunni. Special Assistantto the County Executive
Patrick Lacefield, Director, Public Information Office
Sonny Segal, Director, Department ofTechnology Servkes
Alex Espinosa, OtIice of Management and Budget
Dieter Klinger, Department of Technology Services
Helen Ni, Department of Technology Services
Ian Boyd, COUlltyStat
Erin Ashbany, Office of the County Attorney
Mary Beck, Office of Management and Budget
Naeem Mia, Office of Management and Budget
David Platt, Department of Finance
Mike Coveyou, Department of Finance
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FiscaJ Impact Statement
Council Bill 23-12 - Administration - Open Government
1. Legislative Summary
The proposed biU requires each County department to make a public dataset available on the
Internet
within
1 year of the effective date of this Bill and all datasets by December 31,2018.
The public dataset must
be
accessibJe through a single web portal that. is linked to
www.monlgomerycountymd.govorany successor website maintained by. or on behalf of the
County.
'
This bill requires the County to:
• Develop a technical standards manual for publishing public data sets;
• Prepare an Open Government Compliance Plan;
• Publish certain information on Maryland Public Information Act (MPIA) requests and the
County's responses to MPIA requests; and
• Report on the Executive Branch's compliance with the MPIA.
2. An estimate of changes in County revenues and expenditures
rcgardle~
of whether the
revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
This analysis
is
based on the fonowing assmnptions and data sources:
• Maryland Public Infonnation Act (MPTA) data is included in the Open Data legislation;
• The County's Department of Technology Services (DTS) will continue to use the Socrata
platfonn and vendor for the Open Government initiative;
• Reports and statistics on functionality
will
be provided by the County's cloud provider;
and
• Costs are based on the publication of 100 datasets and 500 dataset".
The following summary charts provide estimates of staff'time and costs for the
publication of both County datasets and MPIA requests.
Estimated Time and
CQsts
of Publishint: County Datasets
I
I
-
Costfj
$96,000 (I-time)
Activity
1,200 hours
-
Time
I
A) Developing
I
technical standards manual and an
• Open Government Compliance Plan
to Open Government
inltiative
I
B.l) Internal and external support costs dedicated
B.l)
DTS
software
licensing'
8.3) DTS application support
C. L) CountyStat data identificatioolrcvjew
2.0
FTEs ­
new Grade 28 Senior IT
Specialist positions
Contract cost per-year
200
hours
per year
28 hours per dataset
$320,000 per year
.
$16,000 per
year
$2,240 per dataset
I
Sperata contract Ilxpens£,S
m~e
by
she Jevel ofseJvices
[lfovided:
dlle to uncertainty, DTS estimates a cost of $50,000,
bllSoo
on
tile
curren/level of service of toO-200 datasets.
.
1
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I
,
C.2) DTS dataset processinglreview
C.4) County Attorney review]
Total I-time fixed costs:
2
32 hours per dataset
20 hours per dataset
S hours per dataset
$2,560 per dataset
.$1,600 per dataset
S800 per dataset
C.J) Submitting departmental review
$96,000
in
the firsi year onJy
(line
A)
4
I
Total ongoing
fixed
costs:
Total
variable
costs:
$386,000 per year (lines
R.1~B.3)
S7,200
per dataset
(line:!!
C.l-C.4)
for
vast majority
o/datallets
I
I
I
I
Summary ofpublishing Coun1y datasets:
• Asswning the County publishes
100
datasets, the total expenditures are approximately
$1.202 million in the first year. This analysis assumes that total average cost of reviewing
a dataset is $7,200 however, a small percentage of datasets are expected to cost
significantly
(ten times Dr greater per dataset)
more due
to
uncertainties in the
complexity of the data reviewed. These extreme outlying costs were not included in this
analysis since the likelihood of1hem occurring is not known.
• Assuming the County published 500 datasets, the total expenditures will be
approximately $4.082 million in the first year. This analysis assumes that total average
cost of reviewing a dataset is $7,200 - however, approximately 10% of rlatasets is
expected to cost significantly
(ten times or greater per dataset)
more due to uncertainties
in the complexity of the data reviewed. This estimate also does not assume any potential
increases in DTS software licensing expenditures (Socrata).
• This analysis assumes either 100 or 500 datasets reviewed per year - the actual number
of datasets may fall anywhere within this range (or exceed
it).
Significant uncertainty in
the number of datasets to be published will affect the cost estimates herein.
Estimated Time and Costs of Tracking Executive Branch's Compliance with MPIA re!luests
Activity
DJ) DTS application development (inc.
700 hours
and
PubJishin" MPIA Reguests
Costs
$56,000
(I-time)
$32,000 (I-time)
• TBD (1
$32,000 per year
THD
reportsi
D.2)
DTS documentation and training materials
,
400 hours
i
D.3)
Departmental MPIA training (initial)
i
TBD
400 hours
TBD
i
E.l)
DTS application managementlupdates
E.2) DTS hardware maintenance
E.3) Departmental MPIA training (ongoing),
TBD
roD
All estimates
iIl'C
based ou work. activities performed at a rMe of$80 per hour (Grade 28 Senior IT Specialists or departmenlal equivalent).
County attorney rate is based on $100 per hour.
• B3timates lire based on current level of work effort. These costs are uncertain and may increase depending on the scope, volume, complexity.
frequency of specific dataset.:;.
JIll FY12.
tb=
Wl:re apprmdmately 700 MPlA requests (excluding DPS - could not provid<: an estimate
at
the time of
this
writing).
%
1
2
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I
FJ) MPIA tracking system software
• acquisition
I
N/A
i
$390,000 (I-time)
£60,000
per year
7
-
N/A
OJ) MPIA
tracking system
software
maintenance
0.2) Staff Lime needed to track/report MPIA
Compliance in each department/office
TED
1.0 PTE
TBD
$160,000 per year
I
0.3 MPIA
~acking
system
8d~jni3tration
and
!
support
Total I-time fixed costs:
$88.000, at minimum. in the first year only (lines
D.1-D.3)
• Total ongoing costs:
To~all-time
$32,000.
at minimum (lines
E.I-E.3)
compliance tracking system costs:S390,OOO, in the first year only (line
F.I)
Total ongoing compliance tracking system costs: $220,000, at minimum
Oines
G.I-G.3)
Summary of publishing MPIA request,,:
• . The total cost ofpublishing MPIA requests on the County's web portal is approximately
$730,000 in the first year. However, a number of cost estimates and activities are to be
determined (TBD); therefore, the actual first-year costs of publishiIlg 1vfPIA requests is
likely to be higher
than $730,000.
• Ongoing costs will be affected by the number ofrequests published annually,
the
number
ofpublic inquiries regarding the published requests, and the length of time requests must
remain on the website. These factors
will
significantly impact the cost estimates herein.
• DTS cannot estimate the number ofMPIA requests
that
may be made due
to
several
unknown or difficult-to-estimate variables (see item
#9
below).
• The MPIA tracking and reporting process
will
consist of:
o Application management and report production:
• DTS estimates that apPl'oximately 700 staff hours will be required
to
develop an application management system that
will
enable each
department to post
all
MPIA requests and responses (and any associated
. document
"i)
to the County's web portal. log request-related meta data
(for
internal tracking and consistency), send
a
link to the requestor to view and
download the response,
and
aIJow CountyStat
and
the Chief
Administrative Officer
(CAD)
to produce statistical and compliance
reports
(D.I).
• Preparing
training
materials/documents and providing training (D.2,
D3.
E.3)
• Ongoing software/appllcation management will require
an
additional 400
hours· per year (E.l).
• Ongoing training to be provided to new departmental Points
ofCODlacts
(POC~);
frequency of training
is
uncertain.
'The MPIA tracking system sofiwarc: is rcquin::d to track all MPIA requests, from t\:Ccipt to posting a response on the VI'eb portal.
3
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• Ongoing hardware maintenance
(E.2) -
this cost is TBD as DTS cannot
currently estimate its hardware needs to support the
MPIA
application
management process.
o
MPIA
request tracking and publishing system:
• One-time purchase of a compliance tracking and reporting system
estimates; based on 100 licenses for a
commercial-ofI~the-shelf
(COTS)
system
(F.l).
• Ongoing software maintenance
(G.
1).
.• Staff time in individual departments to track MPIA requests in the pipeline
(G.2).
• DTS also estimates that one
full
time staff
will
be required to administer
and provide support for the compliance tracking and reporting system
(G.3),
3.
Revenue and expenditure estimates covering at
least
the next
6 fiscal
years.
The estimated total expenditures over the next six fiscal years are as follows:
,
T
ot.,,,
Expenditures over the next
Six Fiscal Years
Year
Dataset Publications
$1.202m to $4.082m
$1. 106m to $3.986m
$1.106m to $3.986m
$1. 106m to $3.986m
$1.106m to $3.986m
$1.106m to $3.986m
$6.732m
to
S24.012m
I
MPIA
Reguests
Total
Year One
Year Two
Year Three
\---_.
$730,000
Sl.932m to $4.812m
$1.358m to$4.238m
I
I
I
i
I
$252,000
$252,000
$252,000
$252,000
$252,000
$1.990m
$1.358m to $4.238m
$1.358m to $4.238m
-
Year Four
Year Five
Year Six
Total over Six Years:
$1.358m to
$4.238m
$1.358m to
$4.238m
$8.722m
to
$26.002m
Summary oftotal costs over the next six
fiscal
years:
• The
total six-year
fiscal
impact
of the
proposed bill
is
in the
range
of $8.722 million
(based on 100 published datasets
per
year) to $26.002 million (based on 500 published
datasets per year). These estimates include the
cost
of publishing both County datasets
and MPIA requests.
• There is significant uncertainty as to the number of datasets and MPIA requests to be
published. Therefore. actuaJ
total
costs over the next six fiscal years may
vary
significantly.
• Actual costs may be lower than estimated due to potential efficiencies obtained from
process improvements; conversely, certain risks may result
in
higher-than-estimated
costs
(see item
#9
below).
4
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4. An actuarial analysis.through the entire amortizatioo period for each bill that would
affed retiree pension or group insurance costs.
Not applicable.
S.
Later actions that may affed future revenue and expenditures if the
bill
authorizes
future spending.
The bill does not authorize future spending.
6. An estimate
ofthe'stafftime needed to
implemeot
the
bill.
:
Total
Staff
Hours Required over Six Years
Year
i
Dataset Publications
10,200
to
45,400
-
i
MPIA Reguests
1,500
-
Total
11,700
to
46,900
9,400
to
44,600
i
First Year Only
Subsequent Years
9,000
to
44,200
400
Total staff hours needed to implement the bill in the first year is approximately 11,700
hours (based on 100 datasets) to 46,900 hours (based on 500 datasets). Staffhours
required to continue the program in subsequent years range from 9,400 to 44,600,
depending on the number of datasets reviewed. See item #2 above for a detailed
breakdown of estimated staff hours by activity.
These estimates do not include the addition of two
(2)
new full-time Grade 28 Senior IT
Specialist positions that will provide dedicated support within DTS for Open Government
activities.
It
aJso does not include the full· time position dedicated for MPIA administration and
support activities. Additional staff time is also required for hardware maintenance and
MPlA training; DTS cannot estimate this workload at this time.
7. An
explanation of how the addition of new staff responsibilities would affect other
duties.
At the current level of resources, DTS cannot absorb the staff time needed to implement the
proposed bilL DTS also estimates
that
at least two new full-time Grade 28 positions would
be
required to publish County datasets and respond to MPIA requests. Additional support may
be
required if the volume of datasets or MPIA requests increase after the first year of the
biU's implementation.
S. An
estimate of costs when an additional appropriation is
needed.
DTS and ot,her County departments cannot currently estimate how much of the additional
work (as described above in item #2) can
be
absorbed into existing resources. Assuming that
none ofthe activities can be absorbed at all,
an estimated additionaJ appropriation of
at least
$1.932 million to $4.812 million will be required
in
the flrst year of implementation.
9.
A description of any variable tbat conld affect revenue
and
cost estimates.
For dataset publication, the key variable that could affect cost estimates is the number of
datasets to be published. DTS cannot currently estimate the number of datasets that
participating departments would submit and that would undergo review. Other variables
(@
5
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include the complexity and sensitivity ofparticular datasets that may affect the amount of
time required for review
formatting/presentation.
and
For
MPIA
requests, the key variable that could affect cost estimates
is
the number of
MPIA
requests to be published. DTS cannot estimate the number ofMPIA requests; requests may
increase as the public becomes more aware ofthe service and/or the ease in using the service
to
request
information. In addition, errors or inconsistencies
in
processes or data
or
additional
requests for clarification may also increase cost. Furthermore, DTS cannot estimate how
much additional staff time (for County departments) is required to track MPIA requests due
. to wide variations in time and techniques (departments currently do not track the flow of an
MPIA
request other than 10gging in receipt and response).
The
cost of publishing ind ividual datasets or
MPIA
requests may decrease over time,
as
DTS
and departments become more efficient in the process. However, marginal decreases may be
offset by increases in volume. DTS cannot reliably estimate these efficiencies or offsets at
~~
.
10. Ranges of
revenue
or
expenditures that are uncertain
or
difficult
to
project.
Cost estimates for departmental review and processing of datasets are unknown - estimates
may be higher for complex datasets or those containing sensitive information (requiring more
time to review and format the data).
For MPIA requests, new business processes willlikeIy be developed to handle the flow of
. requests. These costs cannot be estimated at this time. Furthermore. significant increases in
the volume of data to be published may require dedicated operating resources, such
as
a
new
server. This cost is not included
in
this analysis due to the uncertainty in the number of
datasets to be published.
11.
If
a
bill
is
likely to have no fiscal impact, why that is the case.
Not applicable.
12. Other fiscal
impacts
or comments.
None.
13. The following contributed to and concurred with this analysis:
Dieter Klinger, Department of Technology Services
Helen Ni, Department of Technology Services
Ian Boyd, CountyStat
Erin Ashbarry, Office ofthe County Attorney
Naeem Mia, Office of Management and Budget
Date
6
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Economic
Impact
Statement
Council Bill
23-12;
Administration - Open Government
Background:
The purpose of Bill 23·12
is
to
make certain
County
data more readily available to
the
public. To
that
end
it
requires:
1)
the
County to
make certain
public
data sets
available
On a
single web
portal
on
the internet;
2)
the
Department
o~
Technology Services
to
develop a technical standards manual for
publishing
public data sets;
.3)
the
County to develop a Compliance Plan;
4) the County
to
include on
the single
web porta!,
a
website
that
includes
certain
information
on
requests submitted to
the
County under the Maryland Public Information Act
and
the
County's response to
that
request.;
and
5)
the Chief Administrative Officer
to
report to
the
Council on the Executive Branch's
compliance
wirh
the
Maryland
Public
Information
Act.
1. The sources of information, assumptions. and meth.odologies used.
I
Not applicable
2. A
description
of
any variable
that could
affect the
economic impact
estimates.
Bill 23-12 should have no economic impact as the bill affects only government
operations.
3. The Bill's
positive
or
negative effect.
if
any
on employment, spending, saving.
investment. incomes, and property values
in
the County.
Bill
23-12
should have no economic impact as
it
affects
only government operations.
4.
If
a Bill
is
likely
to have no economic impact,
why
is
that
the case?
Not applicable; see item 3.
S. The following contributed
to and concurred with this analysis: David Platt and
Mike
Coveyou. FInance
 PDF to HTML - Convert PDF files to HTML files
A
1
2
3
4
5
B
C
Bill 23·12 Fiscal Impact • CE amendments
D
E
Date of Estimate: 11/19/2012
'-'--'-(l~-CTudesCE;s
Amendments of 10/25/12 and 11/19/12}
-~~--
1--­
(1)
-
(2)
Total
(3)=+-­
Internally
Absorbed
Costs
----­
I
I
!
(4)
- -
I--­
(5)
6
7 Open Data
8
,Develop Manual
9 ,Support (2 FTE)
Software Licenses
Application Support
--,----­
Publish 100 Data Sets
Publish Uncertainties
Total Year One
Total Year Two, etc.
~-"~-~---.-----~-
-----­
New
Additional
Costs
Basis
---~-~----
$
$
$
$
~
12
13
14
15
16
! - ­
--­
17 MPIA
...­
18 Application D
19
-T~~ining
Materials
$
.
$
$
$
$
_ _
__._.
1,202,000
..
$
1,106,000
$
.....
96,000
320,000
50,000
16,000
fLU,OOO
$
$
$
$
720,000
$
-
$
-
720,000
$
720,000
$
-+--­
96,000 one-time
320,000 annual
50,000 annual
16,000 annual
-
-
annual
-
482,000
386,000
-
-
.....
$
$
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Department StaffTraining
Application Management
Hardware Maintenance
Ongoing Training
Tracking Software
Tracking Software Maint.
Staff Time for Tracking
Tracking System Support
Total Year One
Total Year Two, etc.
Grand Total Year One
Grand Total Year Two, etc.
6-year cumulative total
I
Notesl
Assu
56,000 .
32,000
TBD
32,000
TBD
TBD
$
$
TBD
$
TBD
TBD
$
$
$
$
$
_$
$
$
$
$
$
$
$
12 0,000
$
32,000
$
1,322,000
1,138,000
1,012,000
-
-
-
-
-
-
720,000
720-000
4,320,000
$
$
$
$
$
$
$
$
$
56,000 one-time
32,000 one-time
one-time
TBD
..
__
..
32,000 annual
annual
TBD
annual
TBD
-
one-time
-
annual
-
annual
-
annual
120,000
':42_000
602.000
418.000
2,692,000
-.~---
._
•.......
$
$
$
.1.
1.
These are estimated costs based on information (e.g., MPIA request volumes) available at this
2. Assumes CE's amendments of 10/25/12 and 11/19/12 (lines 259-261 of the attached
Idocument) are adoptE!d.
3. Assumes CM Riemer's new amendments (lines 251-254 and 262-264 of the attached
38 document) will have no additional fiscal impact.
I-­
39
4:-'C~~ts'may-change-iTother a-mendme~-ts-are ~-~d-e~--
5. Column (3) are costs assumed to be able to be absorbed by work assignment reprioritization,
40 with no need for new resources.
..
I-­
41 6. Column (4) are costs that will require budget allocations, need new resources
---.~----.~~-----~---~.-.----
-~.-~~------.-,-.------------~.-
@)
-
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AGENDA ITEM #8A
December 4,2012
Action
MEMORANDUM
November 28,2012
TO:
FROM:
SUBJECT:
County Council
Amanda MihilI, Legislative
Attorney~
Action:
Bill 23-12, Administration
Open Government
Government Operations and Fiscal Policy Committee recommendation (3-0):
enact Bill
23-12 with amendments.
Bill 23-12, Administration - Open Government, sponsored by Councilmembers Riemer and
Andrews, Council President Berliner, and Council members Leventhal, Floreen, Navarro, and Ervin,
was introduced on July 31, 2012. A public hearing was held on September 18 at which 2 speakers
supported the Bill (see testimony ©14). A Government Operations and Fiscal Policy Committee
worksession was held on November 26.
As introduced, this Bill would require an agency to make a public data set available on the Internet
within 1 year of the effective date of the Bill. The public data set that an agency makes available
must be accessible through a single web portal that is linked to \vww.montgomerycountymd.gov or
any successor website maintained by, or on behalf of the County. Bill 23-12 would also require the
County to maintain a website that includes certain information on requests submitted to the County
under the Maryland Public Information Act and the County's response to that request and require
the Chief Administrative Officer to report to the Council on the Executive Branch's compliance
with the Maryland Public Information Act.
Background
The County is currently testing an open data website: data.montgomerycountvmd.gov. The goal of
this initiative is to' "increase public access to County data in an effort that supports government
transparency, openness and innovation. Montgomery County's departments and agencies publish
data on this website to provide County residents the ability to view, search, sort, filter, download or
build applications which access the County's high value data." Information currently on that website
include cable complaint data, election polling places, public school locations, and HHS facility
locations.
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The Fiscal Impact Statement for Bill 23-12 is attached on © 17. According to this statement, the
Executive Branch provides the following estimates for publishing county data sets: $96,000 one­
time cost in the first year; $386,000 per year for ongoing fixed costs (including internal and external
support costs, DTS software licensing, and DTS application support); and $7,200 variable cost per
data set (including DTS, other department, and County attorney review). The Executive branch
provides the following estimates for publishing MPIA responses on the web: $88,000 one-time cost
in first year; $32,000 for ongoing costs (including DTS application management and maintenance
and MPIA training for departments); $390,000 one time expense for a compliance tracking system;
and $220,000 ongoing costs for tracking system (including maintenance and support).
A revised fiscal impact statement, which assumed adoption of the Riemer/Executive amendments,
is on ©25 and 26. The elements of this statement are substantially the same, except that the
statement does not include costs related to the purchase and maintenance of an MPIA tracking
system software. Executive staff explained that because the Riemer/Executive amendments would
no longer require the CAO to report on compliance with the MPIA, this tracking system is no
longer needed. Rather, the Riemer/Executive amendments require only that annual report on the
Open Data Implementation Plan include an update on the implementation of §2-159.
Issues/Committee Recommendation
Executive comments
The Executive supports the intent of Bill 23-12 (©14). As noted in the
testimony, Executive staff worked with Councilmember Riemer on amendments.
At the
worksession, Councilmember Riemer offered these amendments;
the Committee
(3-0)
recommended adoption of these amendments
(see amended bill on ©l). In general, these
amendments would remove some of the specific provisions of the bill and require an Open Data
Implementation Plan (a Method 2 Regulation) to address those elements. The chart below compares
major differences between Bill 23-12 as introduced and the Committee recommendation.
I
Bill 23-12 as Introduced
i
I
Riemerl Exec Amendm--,en,-t-,-s_ _
~
_ _
----1
Definitions
Data
I
I
mp
I
em entatIOn
!
• Open Data
Data would include statistical or factual Data does not include this
int;"rnn<>tinn
infonnation about an image file and
eo ra hic information s stem data.
~'
No definition.
• The plan developed by the CAO to implement
1
t
h
e b'll
A comprehensive collection of interrelated
data available for public inspection and
maintained on a computer system,
Data set availability
Availability
Public data sets must be on the web within 1
year.
Updates
Plan (OOlP)
Public data set
I
Data eligible for publication by the ODIP,
I
i
Chan
g
esl
I
removal
Data sets must updated as often as
necessary to preserve the integrity and
usefulness of the data set.
• Data sets rna
y
not be chan
g
ed/removed if
its
ODIP to address when and how an acrency can'
been on the web for 6 months without change/remove data sets,
,
I
CAO's approval.
Some public data sets must be on the web
I
within 1 year; other sets available within the.
timeframe set in the OOlP,
Data
se1s
must be updated as required by the
I
ODIP.
2
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CAO must assign appropriate staff to
manage the public data sets.
Open Data Com i1liance Plan (Method 2 Regulation)
Compliance Plan updates submitted
i
Updates
annually beginning July 15, 2014.
Maryland Public Information Act (MPIA) responses
Requires certain elements of a PIA response
• Elements
i
to be posted to the web.
The CAO must report quarterly on Exec.
I
Reports
Branch coIl1,eiiance with the MPIA.
Staffing
ODIP must address appropriate staffing.
I
i
!
A report on the ODIP must be submitted
I
annually beginning
Jul~
15,2015.
i
The elements that will be posted to the web
I
will be identified in the ODIP.
ODIP reports must include an update on the
I
implementation on this part of Bill 23-12.
.
MCCF recommended amendments At the public hearing, the Montgomery County Civic
Federation supported Bill 23-12 and urged the adoption of several amendments (©I5):
Advisory Committee
MCCF recommends the County create an Open Government Data
QualitylUtility Advisory Committee to provide guidance on data improvement, mechanisms for
promoting use of the data, and priorities for advancing Open Government through increasing public
access to government data sets. Council staff cautions Committee members about creating another
advisory committee at this juncture. As Councilmembers will recall, last year the Council enacted
Bill 32-11, Boards, Committees, and Commissions - Committee Evaluation and Review Board
Report. Bill 32-11 stated:
The County has many boards, committees, and commissions that provide a valuable
service to the County with the work they perform. These boards, committees, and
commissions require significant personnel and operating costs to function. In Fiscal
Year 2011, the County spent an approximate $1.4 million on personnel and operating
costs to support the County's boards, committees, and commissions. While these
boards, committees, and commissions provide a valuable service, there may be
opportunities for consolidation.
Bill 32-11 gave the Committee Evaluation and Review Board (CERB), the advisory group appointed
every 10 years to review and make recommendations on individual advisory committees and the
committee structure as a whole, additional responsibilities to report on, including requiring CERB to
review and make recommendations on certain advisory boards, committees, and commissions that
request to be continued, and providing scenarios to reduce County staff time supporting boards,
committees, and commissions. The CERB report is due to the Council and Executive in approximately
6 months. Committee recommendation (3-0): Do not establish this advisory committee. After
reviewing the CERB report that will address how advisory committees contribute to costs and
employee workloads, and determining how Bill 23-12 is being implemented, the Council could
introduce legislation establishing an advisory commission if one is warranted.
Additional considerations
MCCF also made several observations about Bill 26-12 and noted that the
bill did not:
• set priorities for data being released;
• establish requirements for metadata;
• promote the development of software applications;
• create a feedback mechanism to report errors and other concerns;
• provide incentives for agency participation; or
3
 PDF to HTML - Convert PDF files to HTML files
• provide resources to agencies to assure data quality or user documentation.
Committee recommendation
(3-0): Do not amend Bill
23-12
further. Many of these issues could be
addressed in the Open Data Implementation Plan
Council staff also made the following comments:
• Bill
23-12
as amended would not set specific priorities for data inclusion, but does require this
information to be part of the Open Data Implementation Plan.
• Bill
23-12
as amended would require the County to implement a mechanism to solicit public
feedback.
• Although the bill does not specifically provide resources to agencies to comply with its
requirements, that is not unusual. If a department needs additional funds to comply with the
requirements of Bill
23-12,
the department can request a supplemental appropriation or request
funds during the annual budget process.
Committee recommendation
(3-0): enact Bill
23-12
as amended.
This packet contains:
Bill
23-12
Legislative Request Report
Testimony
Fiscal/Economic Impact Statements
Revised Fiscal/Economic Impact Statements
Circle
#
1
13
14
17
25
F:\LAW\BILLS\1223 Administration - Open Government\Action Memo.Doc
4
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Bill No. _ _
-=~=--
_______
Concerning: Administration
Open
[[Government1],,.,,D""'a""ta'--_ _ __
Revised:
7127/2012
Draft No.4
Introduced:
July 31,2012
Expires:
January 31, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
--!..!N~on""'e!...._
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Riemer and Andrews, Council President Berliner, and Councilmembers
Leventhal, Floreen, Navarro, and Ervin
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
(6)
require the County to make certain public data sets available on a single web portal
on the internet;
require the [[Department of Technology Services]] County to develop a technical
standards manual for publishing public data sets;
require the County to develop rra Compliance]] an Open Data Implementation Plan;
require the County to include on the single web
portal,
a website that includes
certain information on requests submitted to the County under the Maryland Public
Information Act and the County's response to that request;
require the Chief Administrative Officer to report to the Council on the Executive
Branch's [[compliance with]] responses to the Maryland Public Information Act;
and
generally amend County law regarding administration.
By adding
Montgomery County Code
Chapter 2, Administration
Article XIV, Open [[Government]]
Sections 2-152, 2-152, 2-153, 2-154,2-155,2-156,2-157, [[and]] 2-158, and 2-159
Boldface
Underlining
[Single boldface brackets]
DOLJble 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:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-12
1
2
3
4
Sec. 1. Article XIV (Sections 2-152, 2-152, 2-153, 2-154, 2-155, 2-156,
2-157, [[and]] 2-158, and 2-159) is added to Chapter 2 as follows:
Article
XIV.
Open [[Government]] Data
2-152. Title.
5
6
7
This Article
Act."
2-153. Definitions.
known as the "Montgomery County Open [[Government]] Data
8
9
10
In
this Article, the following words and phrases have the following meanings:
Agency
means any department or office[[.l. department, division, board,
committee, commission]] of the County government.
Data
means the final version of digital information:
11
12
13
(ill
ill
in
~
structured, statistical, or alphanumeric form (i.e., list,
table, graph, chart, or other non-narrative form) that can
be digitally transmitted or processed; or
14
15
16
17
(in
in an unstructured, factual, or content form (i.e., fact
sheet, memorandum, press release, compliance guidance,
manual, or other narrative form) that can be digitally
transmitted or processed; and
18
19
20
21
22
23
(Q)
regularly created or maintained
Qy
or on behalf of and owned
Qy
an agency that records
~
file, measurement, transaction, or
[[determination]] final decision related to the mission of an
agency.
Data
does not include any information provided to an agency
Qy
another
24
25
government entity; or any image file, such as
~
design, drawing, map, photo,
or scanned
£QPY
of an original document.
[[Data
includes statistical or
26
27
factual information about the image file and geographic information system
data.]]
@
~billS\
1223 administration - open govemment\bill 5 committee.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
23-12
28
[[Department
means the Department of Technology Services.]]
[[Determination
means any agency's final decision about
£!:
person,
including:
U!}
29
30
31
eligibility for services or benefits;
issuing
£!:
permit;
registration, certification and licensing; and
liability for civil and criminal penalties.]]
32
33
(Q)
W
@
34
35
Maryland Public Information Act
or
Act
means the Maryland Public
Information Act, codified at Sections 10-611 through 10-630 of the State
Government Article of the Maryland Code.
36
37
38
39
Measurement
means to quantify any characteristic of an observable event,
occurrence, or object
Qy
comparison to
£!:
reference standard.
40
41
42
43
44
45
46
47
48
Open Data Implementation Plan
means a plan developed by the Chief
Administrative Officer to implement this Article and as further described in
Section 2-158.
Open standard
means
£!:
technical standard developed and maintained
Qy
£!:
voluntary consensus standards body that is available to the public without
royalty or fee.
Public data set
means
[ill
comprehensive collection of interrelated data that
is available for inspection
Qy
the public under any provision of law and is
maintained on
£!:
computer system
12L
or on behalf of, an agency.]] data
49
50
51
identified as eligible for publication by the Open Data Implementation Plan.
Public data set does
not include any portion of
£!:
data set that is not subject
to disclosure under any Federal or State law, including the Maryland Public
Information Act.
52
53
Technical standard
means:
C3J
Waw\bills\1223 administration - open govemment\bill5 committee.doc
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BILL
No. 23-12
54
55
56
57
W
the common and repeated use of
~
rule, condition, guideline, or
characteristic for any product or related process and production
method, and related management systems practice; and
(Q}
58
59
60
61
ill
ill
ill
ill
ill
the definition of
~
term;
classification of
~
component;
delineation of
~
procedure;
specification of dimension,
design, or operation;
measurement of quality and quantity in describing any
material, process, product, system, service, or practice;
material,
performance,
62
63
64
65
®
ill
test method and sampling procedure; or
description of fit and measurement of size or strength.
66
67
Transaction
means any interaction between an agency and any person
related to the mission of an agency.
~
68
69
70
Voluntary consensus standards body
means
organization that develops and maintains
~
domestic or international
~
technical standard that uses
transparent deliberative process, permits the participation of any party, and
achieves general consensus, although not necessarily unanimity, of the
participating parties, including
~
process to attempt to resolve any difference
in viewpoint.
2-154. Public data set availability.
71
72
73
74
75
76
77
78
W
[[An
agency]] The County must make
[[~JJ
some public data sets
available on
~
single web portal on the Internet within
1
year after this
Article takes effect. Every agency must make at least one public data
set availableJo be published on a single web portal within the
timeframe prescribed by the Open Data Implementation Plan.
The
79
80
Open Data Implementation Plan must assign and prioritize by
o
f:\law\bills\1223 administration - open govemment\bill5 committee.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-12
81
subcategories the order in which public data sets should be published.
To prioritize public data sets in the Open Data
Implem~I]Yition
82
83
Plan,
the Chief Administrative Officer must consider whether information
embodied in the public data set:
84
85
86
ill
ill
ill
ill
ill
can
be
used
to
Increase
agency
accountability
and
87
88
improves public knowledge of the agency and its operations;
furthers the mission of the agency;
creates economic opportunity; or
responds to a need or demand identified by public consultation.
~
89
90
91
[[If an agency cannot make
public data set available, the agency
92
93
94
95
must report to Executive and Council:
ill
which public data set it is unable to make available;
the reasons why the agency cannot make the public data set
available; and
ill
ill
Any
96
97
the date
Qy
which the agency expects the public data
available on the single web portaL]]
to be
98
99
100
101
102
103
104
105
106
public data set that an agency makes available on the
~
Internet must be accessible through
to
single web portal that is linked
or
any
successor
website
www.montgomerycountymd.gov
maintained
12L
or on behalf
ill:
the County.
W
@
A public data
must be made available as specified in technical
standards [[identified
Qy
Method
Z
regulation]]~
A public data set must be published in
~
format that permits
automated processing and must make use of appropriate technology to
notify the public of all updates.
t'[:J
~\billS\1223
administration - open government\bill5 committee,doc
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BILL
No.
23-12
107
108
109
110
111
112
W
Once published, a
[[A]]
public data set must be updated as often as is
[[necessary to preserve the integrity and usefulness of the data set to
the extent that the agency regularly maintains or updates the public
data set]] required by the Open Data Implementation Plan.
ill
A published public data set must be made available without any
registration or license requirement or restriction on use. However, the
[[Department]] County may require
!!
third
~
113
114
115
providing to the
public any public data set, or application utilizing that data set, to
explicitly identify the source and version of the public data set and
describe any modification made to that data set.
In this Section,
116
117
118
registration or license requirement or restriction does not include any
measure required to:
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
ill
ill
assure access to
!!
public data set;
protect the single web site housing
!!
public data set from
unlawful abuse or an attempt to damage or impair use of the
web site; or
ill
{g}
analyze the
~
of data being used to improve service delivery.
A published public data set must be accessible to external search
capabilities.
.(h)
Nothing in this Article prohibits an agency from:
disclosing information not otherwise defined
portaL
ill
voluntarily
data; or
ill
making
voluntarily disclosed information accessible through the single web
ill
[[After
!!
public data set has been available on the web portal for
§
months, an agency must not change or terminate collection of data or
remove the data set from public access without the approval of the
Chief Administrative Officer
- - -
Chief Administrative Officer's
or the
(§)
f:\law\biUs\1223 administration· open govemment\bill 5 committee,doc
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BILL
No. 23-12
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
designee.]] The Open Data Implementation Plan must address when
and how an agen£.Lmay change or terminate collection of data or
remove the public data set from public access.
ill
[[The Chief Administrative Officer must assign appropriate staff to
manage the public data sets.]] The Open Data Implementation Plan
must address appropriate staffing to manage the published public data
sets.
2-155. Web portal administration.
.cru
The [[Department may take reasonable measures]] Open Data
Implementation Plan must address measures to maintain bandwidth
availability of the web portal.
ru
W
The [[Department]] County must conspicuously publish the open data
[[legal]] policy in Section 2-156 on the web portal.
The [[Department]] County must implement [[an on-line forum]] g
mechanism to solicit public feedback and encourage public discussion
on open data policies and public data
portal.
availability on the web
@
An agency must consider any request that it receives through the [[on­
line forum]] public feedback mechanism to include g particular public
data set when making any determination as to priority for public data
set inclusion on the single web portal.
An
agency's consideration of
such a request must defer to the priority assigned to publication by the
Open Data Implementation Plan.
2-156. Open data [[legal]] policy.
.cru
A public data set made available on the web portal is provided for
informational purposes. The County [[does not]] makes no express or
implied warranty as to the completeness, accuracy, content,
t7J
~w\bills\1223
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BILL
No.
23-12
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
merchantability, or fitness for any particular purpose or use of any
public data set made available on the web portal[[,. and no warranty is
implied with respect to any public data set on the web portal]].:.
.Gil
The County is not liable for any deficiency in the completeness,
accuracy, content, or fitness for any particular purpose or use of any
public data set, or application utilizing the data set, provided
third party.
hY
any
(£)
This Article and the Open Data Implementation Plan [[does]] do not
create
~
private right of action to enforce
[~]]
their provisions.
Failure to comply with this Article or the Open Data Implementation
Plan must not result in liability to [[an agency]] the County.
2-157. Internet data set policy and technical standards.
W
Within 180 days after this Article takes effect, the [[Department]]
County must prepare and publish
~
technical standards manual for the
~
publishing of
~
public data set in raw or unprocessed form through
single web portal
hY
an agency
to make public data available to the
greatest number of users and for the greatest number of applications.
The manual:
ill
must use open standards for web publishing and e-govemment,
whenever practicable;
ill
ill
ill
must identify the reason why each technical standard was
selected and to which
~
of data
i!
applies;
may recommend or require that data be published in more than
one technical standard; and
must include
~
plan to adopt or utilize
~
web application
programming interface that permits application programs to
([)
f:\law\bills\1223 administration - open govemment\bill5 committee.doc
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BILL
No. 23-12
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
request and receIve public data sets directly from the web
portal.
(hl
{£}
The [[Department]] County must update the manual as necessary.
The [[Department]] County must consult with appropriate voluntary
consensus standards bodies and, when participation is feasible, in the
public interest, and is compatible with agency and departmental
missions, authorities, and priorities, participate with such bodies in the
development of technical and open standards.
2-158. [[Aeency]] QDen Data [[Compliance]] Implementation Plan.
ill
Within
.lli
months after this Article takes effect, the [[Department]]
Chief Administrative Officer must [[submit]] issue, via Method (2)
regul~tioI1"
an Open Data
[[f!
Compliance]] Implementation Plan [[to
the Executive and Council and must make the Plan available to the
public on the web portal.
Each agency must cooperate with the
Department in its preparation of the Plan]].:. The Plan must:
ill
ill
include
f!
summary description of
f!
public data set under the
control of each agency on or after this Article takes effect;
prioritize the public data sets for inclusion on the single web
portal on or before December
31, 2018,
under the standards
adopted by the [[Department]] County under Section
2-157;
and
ill
(hl
create
f!
timeline for their inclusion on the single web portal
If
f!
public data set cannot be made available on the single web portal
on or before December
31, 2018,
the Open Data Implementation Plan
must state the reason why the set cannot be made available, and, to the
extent practicable, the date by which the agency in possession of the
211
212
~
~biIlS\1223
administration - open govemment\bill5 committee. doc
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BILL
No.
23-12
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
public data set believes that it will be available on the single web
portal.
i£)
[[To prioritize public data sets, an agency must consider whether
information embodied in the public data set:
ill
ill
ill
ill
ill
can
be
used
to
increase
agency
accountability
and
responsIveness;
improves public knowledge of the agency and its operations;
furthers the mission of the agency;
creates economic opportunity; or
responds to
f!
need or demand identified
Qy
public consultation.
@]]
No later than July
l.2..,.
[[2014]] 2015, and every July
12
thereafter, the
[[Department]] Chief Administrative Officer must submit to the
Executive and Councit and post on the web portal, [[an update ofJ]
~
report on the Open Data [[Compliance]] Implementation Plan [[to the
Executive and Council]] until all public data sets to be published have
been made available through
f!
single web portal as required
Qy
this
Article. The [[update]] report must [[include]] explain:
ill
ill
ill
the specific measures taken to make
f!
public data set available
on the single web portal since the previous [[update]] report;
any specific measure that will be taken before the next
[[update]] report;
[[an update to]] whether the list of public data sets, [[if
necessary]] outlined in the Open Data Compliance Plan should
be updated;
232
233
234
235
236
237
238
ill
[[any change to]] whether the prioritization of public data sets
in the Open Data Compliance Plan should be changed; and
?lOJ
~'lbills\1223
administration - open govemment'lbill5 committee. doc
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BILL 1\10.23-12
239
240
241
242
243
244
245
246
247
248
249
250
2-15[~]]2:
ill
[[
an update to]]
whether the time line outlined in the Open Data
Compliance Plan for the inclusion of
~
public data set on the
single web portal, [[ifnecessaryl1 should be changed.
[[~]]
(ill
If
~
previously unidentified public data set cannot be made
available on the single web portal on or before December
lL
2018,
the [[update]] report must explain why it cannot and, to the extent
practicable, specify the date
Qy
which the agency in possession of the
public data set believes that the public data set will be available on the
single web portal.
Public Information
Act Responses.
W
Definitions.
In this Section, the following words and phrases have the
following meanings:
County
means Montgomery County and includes any Executive Branch
251
252
253
department or office and any Legislative Branch [[department or]]
office.
Legislative Branch office
means any office identified in Section lA-203
254
255
Cbt the Board of Appeals. and the Merit System Protection Board.
Information request
means
~
256
257
258
259
260
261
262
263
request for documents submitted to the
County under the Maryland Public Information Act.
{hl
The Chief Administrative Officer must identify in the Open Data
Implementation Plan what data elements and a schedule to make
available on the web portal for [[each]] information [[request submitted
to the County under]] relating to the implementation of the Maryland
Public Information Act
Qy
[[and]] the County [[County's response to
that
request]]~
fil:l
~iIlS\1223
administration - open govemment\bill5 committee.doc
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BILL
No. 23-12
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
W
The Legislative Branch must post all data elemellts. as identified by the
Open Data Implementation Plan. on the same single web portal used by
the Executive Branch.
[[Except as provided in subsection
@1
the web portal must include:
ill
ill
ill
ill
each information request submitted to the County;
the date when the County received the information request;
the status of the information request;
if the information request was not answered within 30 days after
the County received
it
the reason for the delay; and
ill
the final response to the information request.]]
[[@
The Chief Administrative Officer must not include on the web portal
any electronic mail address, home address, or telephone number of any
individual who submitted
fI:
responsive document.]]
[[UU]]
@
The Chief Administrative [[Officer]] Officer's report required by
Section 2-158 must [[report quarterly to the Council on the Executive
Branch's compliance with the Maryland Public Information Act The
report must cite the statutory exception that supports each denial or
partial denial of an information request]] include an update on
implementation of this Section.
®
~\biUS\1223
administration - open govemment\bHl 5 committee. doc
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LEGISLATIVE REQUEST REPORT
Bill 23-12
Administration
-
Open Government
DESCRIPTION:
This Bill would require an agency to make a public data set available
on the Internet within 1 year of the effective date of this' Bill. The
public data set that an agency makes available must be accessible
through
a
single
web
portal
that
is
linked
to
www.montgomervcountvmd.gov or any successor website
maintained by, or on behalf of the County.
The amount of government data that is on the web is limited.
To make more public documents easily accessible.
Technology Services
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
nJa
F:\LAW\BILLS\1223 Administration - Open Government\LEGISLATlVE REQUEST REPORT Doc
f:\law\bills\ 1223 administration - open government\legislative request repol
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Bill 23-12,
Administration
Open Government
Testimony of Fariba Kassiri, Assistant Chief Administrative Officer, on behalf of
County Executive Isiah Leggett
Public Hearing
September 18, 2012
Good afternoon. My name is Fariba Kassiri and I am an Assistant Chief
Administrative Officer with the Office of the County Executive. I am here to testify on
behalf of County Executive Leggett on Bill 23-12.
The bill would require the County to 1) make certain public datasets
a~ailable
on
a single web portal; 2) develop a technical standards manual for publishing public
datasets; 3) develop an Open Government Compliance Plan; 4) publish on a single web
portal the County's response to all requests submitted under the Maryland Public
Information Act (MPIA), and; 5) report on the County's compliance with the MPIA.
The County Executive believes that the spirit ofthis bill is consistent with/his
vision for our already open, transparent, and responsive County government; He believes
the success of our other accountability systems such as MC311 and CountyStat and
integration of social media tools and emerging technologies (e.g. web/mobile apps) have
set the stage for a successful implementation of a robust Open Government initiative..
Our well educated and highly informed residents and businesses expect the best
from their government. They are anticipating more advancement in government
innovation and transparency, better opportunities for community participation, and easier
access to County government services, information, and data While we have made great
progress already by making most of our datasets publicly available, residents and other
stakeholders sometimes have to contact and/or access several different sources, websites,
or locations to obtain the data they seek. This bill is intended to solve that problem I
also want to acknowledge Councilmember Riemer's leadership as the lead sponsor of this
bill and his cooperation with Executive staff
The County Executive is very supportive of this bill's the intent. Per his
direction, we have been working with Councilmember Reimer on certain amendments
which would allow many of the defined terms and requirements of the bill (e.g., types
and sources of data, system upgrades/maintenance, resource needs, and publication
timelines) to be fleshed out in the Open Government Compliance Plan required by the
bill. We look forward to working with the full Council as it considers this bill.
Thank you for the opportunity to testify today.
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5
Montgomery County Civic Federation's Resolution in Support of County Council Bill 23­
12, Administration - Open Government
Presented by James H. Zepp, September 18,2012
Thank you for this opportunity to address the Montgomery County Council regarding Council Bill
23-12. My name is James Zepp and I reside at 10602 Lockridge Drive, Silver Spring. I also
serve on the Montgomery County Civic Federation's Executive Committee and am the Chair of
its Public Safety Committee.
The Montgomery County Civic Federation (MCCF) supports the adoption of the County Council
Bill 23-12 which mandates that the County agencies begin publishing data sets containing
information that they either collect or generate as part of their normal duties. However, the
MCCF recommends the creation of an Open Government Data Quality/Utility Advisory
Committee that would be charged with providing the County with guidance on data
improvement, mechanisms for promoting use of this information, and priorities for advancing
Open Government through increasing public access to government data sets.
The bill sets an annual schedule for these activities. creates a basic administrative structure for
overseeing these activities, and provides public access to these data sets through a single Web
portal.
The MCCF generally supports a'ny measures that promote open government and accountability
by expanding or enhancing citizens' access to public information and data which is the purpose
of this bill. However, the MCCF suggests that the bill be amended to include provisions that
would encourage agency participation in this effort and contribute to the usefulness and data
quality of the information released under this legislation.
While the proposed legislation does establish basic requirements for the agencies such as the
time line for pl:Jblication (one data set per governmental unit in the first year), it does not
1. set any priorities for the subject matter or type of information being released,
2. establish requirements for meta-data or user documentation that may provide citizens
with a clearer understanding of the information contained in a published data set.
3. promote the development of software applications using these data sets that would
make them more accessible to non-technical users.
4. create a feedback mechanism to inform contributing agencies of errors, omissions, or
other concerns with the published data sets.
5. provide any incentives for agency participation. and
6.. provide any resources to the agencies for assuring data quality or comprehensive user
documentation.
The bill does allow the agencies to choose what information is released in this manner which
mayor may not be of general interest or value to the public.
Because similar efforts have been undertaken by the Federal and many state and local
governments, Montgomery County can benefit from their prior experience. This includes
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innovative ways to generate applications using government data which encourages public use
by citizens who may not have the technical data analysis or programming capabilities to use
raw data files; provide both positive and negative feedback to contributing agencies; and
promotes use of the released data sets by academics and professional researchers which
could lead to better data quality, expand public use of this information, and identify priorities for
future data releases.
Some earlier efforts have led to embarrassing incidents because of missing or erroneous
entries in some of the data sets that were released. One of the most widely publicized of these
involved the recipient reports for the Federal Stimulus Grants which included many missing or
nonexistent Zip Codes and Congressional Districts as well as some highly questionable
financial and jobs figures. Consequently with little resources or staff to assure complete and
accurate information, agencies tend to publish information considered as potentially harmless
as possible to their interests.
While the County's Chief Administrative Officer is tasked with assuring agency compliance and
the Departm'ent of Technology is responsible for developing technical standards, there is no
central leadership identified for promoting the intent of this bill-open government through
increased information access for the public. This function could be addressed with the creation
of an Open Government Data Quality/Utility Advisory Committee. Because Montgomery
County is home to many governmental and private research and information systems agencies
and organizations as well as many colleges and universities, we should draw from these local
re:;;ources.
Furthermore, this group could be charged with developing mechanisms for improving agency
feedback, creating data applications, and providing the County government with direction for
improving the content and quality of information released through this effort. Originally initiated
by the DC government and replicated by the Federal and other governments, competitions
have been held for programmers to develop new applications using public data. For modest
amounts of prize money, new uses and attention were generated for the open government data
sets being published. Similarly research competitions have encouraged proposals from
academic institutions that use public data sets in studies or provide enhanced information to
contributing agencies. Finally discussions and findings by the Advisory Committee can provide
substantive feedback to the agencies that could improve data quality and processing for public
relea.se.
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cc
:.:;ef
LL.
ROCKVILLE, MARYLAND
070644
MEMORANDUM
October
25, 2012
.
"
;.
::
..
'J
-.
'-i
TO:
Roger
Berliner,
President, County Council
Jennifer A. Hughes, Director, Office of Management and Budget
Joseph F. Beach, Director, Department of Finance
~
Council
BiIl23-12-
Administration - Open Government
FROM:
SUBJECT:
(J
~
.
Attached please find the fiscal and economic impact statements for the above-referenced
legislation.
JAH:nm
c: Kathleen Boucher, Assistant Chief Administrative
Officer
Lisa Austin. Offices ofthe Co\mty Executive
Joy Nunni. Special Assistantto the County Executive
Patrick Lacefield, Director, Public Information Office
Sonny Segal, Director, Department ofTechnology Servkes
Alex Espinosa, OtIice of Management and Budget
Dieter Klinger, Department of Technology Services
Helen Ni, Department of Technology Services
Ian Boyd, COUlltyStat
Erin Ashbany, Office of the County Attorney
Mary Beck, Office of Management and Budget
Naeem Mia, Office of Management and Budget
David Platt, Department of Finance
Mike Coveyou, Department of Finance
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FiscaJ Impact Statement
Council Bill 23-12 - Administration - Open Government
1. Legislative Summary
The proposed biU requires each County department to make a public dataset available on the
Internet
within
1 year of the effective date of this Bill and all datasets by December 31,2018.
The public dataset must
be
accessibJe through a single web portal that. is linked to
www.monlgomerycountymd.govorany successor website maintained by. or on behalf of the
County.
'
This bill requires the County to:
• Develop a technical standards manual for publishing public data sets;
• Prepare an Open Government Compliance Plan;
• Publish certain information on Maryland Public Information Act (MPIA) requests and the
County's responses to MPIA requests; and
• Report on the Executive Branch's compliance with the MPIA.
2. An estimate of changes in County revenues and expenditures
rcgardle~
of whether the
revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
This analysis
is
based on the fonowing assmnptions and data sources:
• Maryland Public Infonnation Act (MPTA) data is included in the Open Data legislation;
• The County's Department of Technology Services (DTS) will continue to use the Socrata
platfonn and vendor for the Open Government initiative;
• Reports and statistics on functionality
will
be provided by the County's cloud provider;
and
• Costs are based on the publication of 100 datasets and 500 dataset".
The following summary charts provide estimates of staff'time and costs for the
publication of both County datasets and MPIA requests.
Estimated Time and
CQsts
of Publishint: County Datasets
I
I
-
Costfj
$96,000 (I-time)
Activity
1,200 hours
-
Time
I
A) Developing
I
technical standards manual and an
• Open Government Compliance Plan
to Open Government
inltiative
I
B.l) Internal and external support costs dedicated
B.l)
DTS
software
licensing'
8.3) DTS application support
C. L) CountyStat data identificatioolrcvjew
2.0
FTEs ­
new Grade 28 Senior IT
Specialist positions
Contract cost per-year
200
hours
per year
28 hours per dataset
$320,000 per year