AGENDA ITEM #7B
November 27,2012
Action
MEMORANDUM
November 21, 2012
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attorney~
Action:
Bill 29-12, Merit System Protection Board - Annual Public Forum -
Elimination
~vernment Operation~ and~Fiscal
Policy Committee recommendation (2-0):
enact
Bill29-12~
Bill 29-12, Personnel - Merit System Protection Board - Annual Public Forum - Elimination,
sponsored by the Government Operations and Fiscal Policy Committee was introduced on
October 16, 2012. A public hearing was held on November 13 and a Government Operations
and Fiscal Policy Committee worksession was held on November 19.
Bill 29-12 would eliminate the requirement for the Merit System Protection Board to hold an
annual public forum on personnel management in the county government.
The Council received a memorandum from Bruce Ervin Wood, Chair of the Merit System
Protection Board, supporting Bill 29-12 (©4). Mr. Wood argues that the forum is not well­
attended and the resources and time spent in coordinating the forum could be better used on the
ongoing oversight responsibilities ofthe Board.
Committee recommendation
(2-0, Councilmember Ervin temporarily absent): enact Bill 29­
12.
This packet contains:
Bill 29-12
Legislative Request Report
Memo from Merit System Protection Board
Circle #
1
3
4
F:ILAWIBILLSI1229 MSPB - Annual Public ForumlAction Memo,Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No.
29-12
Concerning: Merit System Protection
Board - Annual Public Forum ­
Elimination
Revised:
9/12/2012
Draft No.
Introduced:
October 16, 2012
Expires:
April 16, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _----:-:,-::--_::--_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Government Operations and Fiscal Policy Committee
AN
ACT to:
(I) eliminate the requirement for the Merit System Protection Board to hold an annual
public forum on personnel management in the county government; and
(2) generally amend the personnel law.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-7
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 29-12
1
2
Sec. 1. Section 33-7 is amended as follows:
33-7. County executive and merit system protection board responsibilities.
3
4
*
(0)
*
*
Public forum.
The Board must convene at least annually a public forum
5
6
7
Approved:
on personnel management in the county government to examine the
implementation of Charter requirements and the merit system law.]
8
Roger Berliner, President, County Council
Date
9
Approved:
10
Isiah Leggett, County Executive
11
Date
This is a correct copy ofCouncil action.
12
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1229 mspb - annual public forum\bill1.doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 29-12
Merit System Protection Board Annual Public Forum
DESCRIPTION:
Elimination
Bill 29-12 would eliminate the requirement for the Merit System
Protection Board to hold an annual public forum on personnel
management in the county government.
The annual forum requires time and resources, but is not well­
attended.
To eliminate the requirement that the Board hold an annual forum.
Merit System Protection Board
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIP ALITIES:
PENALTIES:
N/A
F:\LAW\BILLS\1229 MSPB - Annual Public Forum\LEGlSLATIVE REQUEST REPORT Doc
 PDF to HTML - Convert PDF files to HTML files
M.ERIT SYSTEM PROTECTION BOAHD
M.EMORANDVM
November
}3,
12
Roger
, President
Tv1ontgomery County
FR()~vl:
Bmce
Wood
(
SUBJECT:
Written Testirnony in Support of Bill
12,
PerSOllnel -
Merit
Review
Commission
~.
Amendment"
and Bill 29-12, Merit
System
Protection
Board-­
Annual Puhlic Forum - Elimination
Theputpose
uu"\.<"""'-
lhe Board's strong support for
13m
2R-12,
J)erson.n_cl·..
!\:fcrit
.""""":n
Commission Amendments and BiB 29-
i
Systenl
Protection Board
Annual Public rorurn·, Elimination. Belmv is a discllssion of
rationale
fhr om support
Tb\!f'e Is No Need For A Merit Svs.tcm
Review
Commission As The Count!'
Charter:
Alreadv Ensures Ongoing Oversight And Protection Of the Merit System.
Section 33-5(d)
County
Code required. that the County Council convene a
M('rlt
"""0'.>''''''
Revic\v Commission no later than
July},
1980.
It
also provides that;
if
determined
necessary
by
the Council.
Council subsequently
Commission at intervals of
lour
years, The
Coundl
Revic\v Commisskm in 1980 and the Merit System
'rhe ('ounty
Charter established the merit
appoint a Merit System Review
the first and
()nly
System
Commission
issued
a report in 1981,
I(}f
cmpln}~es
Government in
J
94ft
At that time. the
predecessm
to
the
Merit
System
P,..,,,f(>,,"
or Board),
(110
Personnel Board, \vas established and
tasked\~/ith
protecting
merH systern and
employee rigbts
guaranteed
under
tbe merit
Today,
the
Tl.1SPB cOluinues
this mandate
to
oversee and
prokct
system and
rights. Arnong the oversight
dUlies
of tbe
pursuant to
404
of the CharIer, is
review of and
cOttlillent
on
any
propused
changes to the merit
!awor rcgulutions. as weB
{1.<;
the conducting
studies on the
administration
of
the
and retirement
pay
tL')
the
Board
dec.rns
'¥vatTanted.
The County Council's Government
and Fis;;;al PoUcy (GO) Committee also
(;;xefci$e~
continuing oversight into personnel
system .issues,
dosely
em an ongoing
basis
to
l;tft'l"n",HtI
and protect
GiYen
v..
ith tht' G()
"V",,"~""
bet\veen the
and the
 PDF to HTML - Convert PDF files to HTML files
Written Testimony Supporting BiUs
Page 2
2&
12
ongoing
oversight
and protection ufthe merit system,
tllereis
no need
anyadd.itional
oversight
TIlis
positio.n is supported
by
tact
that
the first .Merit
System
Conunisskm
wa,.",
appointed in 1980 and reported in 1
1,
the County Cfyu[1cil has determint'ti
that it
WtiS
not
n[~essary
to appoint another Merit System Review Commission. Therefore, the
.Board strongly supports the enactment ofBiU 28- 12.
There Is No
Need
For
An
Annual Public Forum
Section
33~
7(j)
County Code estahlishes
requirement that the B{nttd hold an
annual public If>rum on
personnel
rnanagcmcnt
the
County
Govemment
to exmninc
implementation of the Charter requiremems and the merit system Ia\\', While
Board
faithfully
met the requirement to
hold
such
a.
forum each
year~
it
has
the Board's experience
that
forum
is
not
well
~attended
(e. g.,
il)(
the
last
two
years
there were three
nnd
attendees
respectively).
It
is
the Board's opinion that
time and resources
expended
in
coordinating
forum
year could
be
better spent
011
the ongoing oversight responsibilities ofthe Board.
Therefore.
the Board strongly supports
Bill
29~12
to eliminate
the requirement fbl' an
annual
public fonuu.
 PDF to HTML - Convert PDF files to HTML files
AGENDA ITEM #7B
November 27,2012
Action
MEMORANDUM
November 21, 2012
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attorney~
Action:
Bill 29-12, Merit System Protection Board - Annual Public Forum -
Elimination
~vernment Operation~ and~Fiscal
Policy Committee recommendation (2-0):
enact
Bill29-12~
Bill 29-12, Personnel - Merit System Protection Board - Annual Public Forum - Elimination,
sponsored by the Government Operations and Fiscal Policy Committee was introduced on
October 16, 2012. A public hearing was held on November 13 and a Government Operations
and Fiscal Policy Committee worksession was held on November 19.
Bill 29-12 would eliminate the requirement for the Merit System Protection Board to hold an
annual public forum on personnel management in the county government.
The Council received a memorandum from Bruce Ervin Wood, Chair of the Merit System
Protection Board, supporting Bill 29-12 (©4). Mr. Wood argues that the forum is not well­
attended and the resources and time spent in coordinating the forum could be better used on the
ongoing oversight responsibilities ofthe Board.
Committee recommendation
(2-0, Councilmember Ervin temporarily absent): enact Bill 29­
12.
This packet contains:
Bill 29-12
Legislative Request Report
Memo from Merit System Protection Board
Circle #
1
3
4
F:ILAWIBILLSI1229 MSPB - Annual Public ForumlAction Memo,Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No.
29-12
Concerning: Merit System Protection
Board - Annual Public Forum ­
Elimination
Revised:
9/12/2012
Draft No.
Introduced:
October 16, 2012
Expires:
April 16, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _----:-:,-::--_::--_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Government Operations and Fiscal Policy Committee
AN
ACT to:
(I) eliminate the requirement for the Merit System Protection Board to hold an annual
public forum on personnel management in the county government; and
(2) generally amend the personnel law.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-7
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 29-12
1
2
Sec. 1. Section 33-7 is amended as follows:
33-7. County executive and merit system protection board responsibilities.
3
4
*
(0)
*
*
Public forum.
The Board must convene at least annually a public forum
5
6
7
Approved:
on personnel management in the county government to examine the
implementation of Charter requirements and the merit system law.]
8
Roger Berliner, President, County Council
Date
9
Approved:
10
Isiah Leggett, County Executive
11
Date
This is a correct copy ofCouncil action.
12
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1229 mspb - annual public forum\bill1.doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 29-12
Merit System Protection Board Annual Public Forum
DESCRIPTION:
Elimination
Bill 29-12 would eliminate the requirement for the Merit System
Protection Board to hold an annual public forum on personnel
management in the county government.
The annual forum requires time and resources, but is not well­
attended.
To eliminate the requirement that the Board hold an annual forum.
Merit System Protection Board
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, Legislative Attorney, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIP ALITIES:
PENALTIES:
N/A
F:\LAW\BILLS\1229 MSPB - Annual Public Forum\LEGlSLATIVE REQUEST REPORT Doc
 PDF to HTML - Convert PDF files to HTML files
M.ERIT SYSTEM PROTECTION BOAHD
M.EMORANDVM
November
}3,
12
Roger
, President
Tv1ontgomery County
FR()~vl:
Bmce
Wood
(
SUBJECT:
Written Testirnony in Support of Bill
12,
PerSOllnel -
Merit
Review
Commission
~.
Amendment"
and Bill 29-12, Merit
System
Protection
Board-­
Annual Puhlic Forum - Elimination
Theputpose
uu"\.<"""'-
lhe Board's strong support for
13m
2R-12,
J)erson.n_cl·..
!\:fcrit
.""""":n
Commission Amendments and BiB 29-
i
Systenl
Protection Board
Annual Public rorurn·, Elimination. Belmv is a discllssion of
rationale
fhr om support
Tb\!f'e Is No Need For A Merit Svs.tcm
Review
Commission As The Count!'
Charter:
Alreadv Ensures Ongoing Oversight And Protection Of the Merit System.
Section 33-5(d)
County
Code required. that the County Council convene a
M('rlt
"""0'.>''''''
Revic\v Commission no later than
July},
1980.
It
also provides that;
if
determined
necessary
by
the Council.
Council subsequently
Commission at intervals of
lour
years, The
Coundl
Revic\v Commisskm in 1980 and the Merit System
'rhe ('ounty
Charter established the merit
appoint a Merit System Review
the first and
()nly
System
Commission
issued
a report in 1981,
I(}f
cmpln}~es
Government in
J
94ft
At that time. the
predecessm
to
the
Merit
System
P,..,,,f(>,,"
or Board),
(110
Personnel Board, \vas established and
tasked\~/ith
protecting
merH systern and
employee rigbts
guaranteed
under
tbe merit
Today,
the
Tl.1SPB cOluinues
this mandate
to
oversee and
prokct
system and
rights. Arnong the oversight
dUlies
of tbe
pursuant to
404
of the CharIer, is
review of and
cOttlillent
on
any
propused
changes to the merit
!awor rcgulutions. as weB
{1.<;
the conducting
studies on the
administration
of
the
and retirement
pay
tL')
the
Board
dec.rns
'¥vatTanted.
The County Council's Government
and Fis;;;al PoUcy (GO) Committee also
(;;xefci$e~
continuing oversight into personnel
system .issues,
dosely
em an ongoing
basis
to
l;tft'l"n",HtI
and protect
GiYen
v..
ith tht' G()
"V",,"~""
bet\veen the
and the
 PDF to HTML - Convert PDF files to HTML files
Written Testimony Supporting BiUs
Page 2
2&
12
ongoing
oversight
and protection ufthe merit system,
tllereis
no need
anyadd.itional
oversight
TIlis
positio.n is supported
by
tact
that
the first .Merit
System
Conunisskm
wa,.",
appointed in 1980 and reported in 1
1,
the County Cfyu[1cil has determint'ti
that it
WtiS
not
n[~essary
to appoint another Merit System Review Commission. Therefore, the
.Board strongly supports the enactment ofBiU 28- 12.
There Is No
Need
For
An
Annual Public Forum
Section
33~
7(j)
County Code estahlishes
requirement that the B{nttd hold an
annual public If>rum on
personnel
rnanagcmcnt
the
County
Govemment
to exmninc
implementation of the Charter requiremems and the merit system Ia\\', While
Board
faithfully
met the requirement to
hold
such
a.
forum each
year~
it
has
the Board's experience
that
forum
is
not
well
~attended
(e. g.,
il)(
the
last
two
years
there were three
nnd
attendees
respectively).
It
is
the Board's opinion that
time and resources
expended
in
coordinating
forum
year could
be
better spent
011
the ongoing oversight responsibilities ofthe Board.
Therefore.
the Board strongly supports
Bill
29~12
to eliminate
the requirement fbl' an
annual
public fonuu.