GO ITEM #2
November 26,2012
Worksession
MEMORANDUM
November 21,2012
TO:
FROM:
SUBJECT:
Government Operations and Fiscal Policy Committee
Amanda Mihill, Legislative
Attorne~4~k~e
Worksession:
Bil123-12, Administration - Open Government
Bill 23-12, Administration
Open Government, sponsored by Councilmembers Riemer and
Andrews, Council President Berliner and Councilmembers Leventhal and Floreen, was introduced
on July 31, 2012. A public hearing was held on September 18 at which 2 speakers supported the
Bill (see testimony ©12).
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.montgomerycoulltvmd.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.
The Fiscal Impact Statement for Bill 23-12 is attached on ©29. 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).
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A revised fiscal impact statement, assuming adoption of the Riemer/Executive amendments, is on
©37. This statement is substantially the same, except it does not include costs related to the
purchase and maintenance of an MPIA tracking system software. Executive staff explained that
because the RiemerlExecutive 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 for Committee Discussion
Executive comments The Executive supports the intent of Bill 23-12 (©12). As noted in the
testimony, Executive staff worked with Councilmember Riemer on amendments. At the
worksession, Councilmember Riemer intends to offer these amendments for the Committee's
consideration (©17). 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
Riemer/Executive amendments.
·
Bill 23-12 as Introduced
Definitions
Data
Riemer/ Exec Amendments
i
I
Open Data
· Implementation
· Plan (ODIP)
Public data set
i
Data would include statistical or factual
i
Data does not include this infonnation.
infonnation about an Image file and.
geognlphic infonnation system data.
..­
No definition.
The plan developed by the CAO to implement
the bill.
A comprehensive collection of interrelated . Data eligible for publication by the ODIP.
data available for public inspection and
i
maintained on a computer system.
Data set availability
i
Availability
Public data sets must be on the web within 1 Some public data sets must be on the web
i
year.
within 1 year; other sets available within the
I
timeframe set in the ODIP.
Updates
Data sets must updated as often as Data sets must be updated as required by the
I
. necessary to preserve the integrity and
orn~
I
. usefulness of the data set.
Data sets may not be changed/removed if its ODIP to address when and how an agency can.
I
Changes/
been on the web for 6 months without change/remove data sets.
· removal
i
CAO's approval.
CAO must assign appropriate staff to ODIP must address appropriate staffing.
I
Staffing
i
ma age the public data sets.
l1
I
Open Data Com Jliance Plan (Method 2 Re2ulation)
A report on the
must be
Compliance
Plan
I
Updates _ _ _.. annually beginning Julyupdates submitted annually beginning ODIP15,2015. submitted
I
15,2014.
July
i
Ma
land Public Information Act (MPIA res onses
Elements
Requires certain elements of a PIA response The elements that will be posted to the web
I
will be identified in the ODIP.
.
to be osted to the web.
Reports
The CAO must report quarterly on Exec.
i
ODIP reports must include an update on the
I
'--_ _ _ _
~
. Branch compliance with the MPIA.
im lementation on this part of Bill 23-12.
2
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MCCF recommended amendments.
At the public hearing, the Montgomery County Civic
Federation supported Bill 23-12 and urged the adoption of several amendments (©13):
Advisory Committee
MCCF recommends the County create an Open Government Data
Quality/Utility 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.
Council staff recommendation:
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
• provide resources to agencies to assure data quality or user documentation.
Many of these observations could be addressed in regulation (or the Open Data Implementation Plan if
the Council adopts the RiemerlExecutive amendments) and therefore
Council staff does not
recommend
amending the bill for these purposes. Council staff also makes the following comments:
• Bill 23-12 does not set specific priorities for data inclusion, but does require agencies to
prioritize data sets as part of the Compliance Plan and details a list of criteria that agencies must
consider when prioritizing data sets (©8, lines 169-171 and 178-185). The Riemer/Executive
amendments would require this information to be part of the Open Data Implementation Plan
(©20-21, lines 79-90).
3
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• Bill 23-12 requires DTS to implement an online forum to solicit public feedback (©6, lines
117-119).
This forum could certainly
be
used to report errors. The RiemerlExecutive
amendments would require the County to implement a mechanism to solicit public feedback
(©23, lines 147-150).
• 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.
This packet contains:
Bill 23-12
Legislative Request Report
Testimony
Memo from Executive
Executive Amendments
Fiscal/Economic Impact Statements
Revised FiscallEconomic Impact Statements
Circle #
1
11
12
15
17
29
37
F:\LAW\B IL LS\ 1223 Administration - Open Government\GO MemoDoc
4
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Bill No.
23-12
Concerning: Administration
Open
Government
Draft No.4
Revised:
7/27/2012
Introduced:
July 31, 2012
Expires:
January 31.2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -.:..!No""'n'""'e'-----::---'_ _ __
ChI _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Riemer and Andrews, Council President Berliner and Councilmembers
Leventhal and Floreen
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 intemet;
require the Department of Technology Services to develop a technical standards
manual for publishing public data'sets;
require the County to develop a Compliance 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 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
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 23-12
1
Sec. 1. Article XIV (Sections 2-152, 2-152, 2-:-153, 2-154, 2-155, 2-156,
2-157, and 2-158) is added to Chapter 2 as follows:
Article XIV. Open Government
2-152. Title.
2
3'
4
5
This Article is known as the "Montgomery County Open Government Act. "
2-153. Definitions.
6
7
8
In this Article, the following words and phrases have the following meanings:
Agencv
means any office, department, division, board, committee,
commission of the County government.
Data
means the final version of digital information:
9
10
11
ill
ill
in
f!
structured, statistical, or alphanumeric form (i.e., list,
table, graph, chart, or other non-narrative form) that can
be digitally transmitted or processed; or
12
13
14
(ii)
in
f!
unstructured, factual, or content form (i.e., fact sheet,
memorandum,
press
release,
compliance' guidance,
15
16
17
18
19
manual, or other narrative form) that can be digitally
transmitted or processed; and
(Q)
regularly created or maintained
.Qy
or on behalf of and owned
.Qy
an agency that records
f!
file. measurement, transaction, or
determination related to the mission of an agency.
Data
does not include any information provided to an agency
.Qy
another
government entity; or any image file, such as
design, drawing, map, photo,
or scanned copv of an original document.
Data
includes statistical or factual
information about the image file and geographic information system data.
Department
means the Department of Technology SerVices.
Determination
means any agency's final decision about
= = =
including:
20
21
22
23
24
25
26
27
ill
eligibility for services or benefits;
@
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BILL No.
23-12
28
29
30
(Q}
issuing
£!:
permit;
registration, certification and licensing; and
liability for civil and criminal penalties.
ill
@
31
32
33
34
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 ofthe Maryland Code.
Measurement
means to quantify any characteristic of an observable event,
occurrence, or object!2y comparison to
£!:
reference standard.
35
36
37
38
Open standard
means
£!:
technical standard developed and maintained !2y
£!:
voluntary consensus standards body that is available to the public without
royalty or fee.
39
40
41
42
Public data set
means
£!:
comprehensive collection of interrelated data that is
available for inspection !2y the public under any provision of law and is
maintained on
£!:
computer system Qy,. or on behalf
9L
an agency..
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.
43
44
45
Technical standard
means:
46
.47
48
49
ill
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}
50
51
52
ill
ill
ill
ill
the definition of
£!:
term;
classification of
£!:
component;
delineation of
£!:
procedure;
specification of dimension,
design, or operation:
material,
performance,
0-
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BILL No. 23-12
54
55
56
57
ill
measurement of quality and quantity in describing any
material, process, product, system, service, or practice;
®
ill
test method and sampling procedure; or
description of fit and measurement of size or strength.
58
59
60
Transaction
means any interaction between an agency and any person
related to the mission of an agency.
Voluntary consensus standards body
means
organization that develops and maintains
~
~
domestic or international
~
61
62
63
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.
64
65
66
67
68
W
An agency must make
~
public data set available on
~
single web
portal on the Internet within
1
~
after this Article takes effect. If an
agency cannot make
~
69
70
71
public data set available, the agency must
report to Executive and Council:
72
73
74
75
ill
ill
ill
(hl
which public data set it is unable to make available;
the reasons whv the agency cannot make the public data set
available; and
the date
Qy
which the agency expects the public data set to be
available on the single web portal.
76
77
Any public data set that an agency makes available on the Internet
must be accessible through
~
single web portal that is linked to
78
79
www.montgomerycountymd.gov or any successor website maintained
by. or on behalf of, the County,
o
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BILL
No. 23-12
80
81
(9
A 12ublic data set must be made available as s12ecified in technical
standards identified
Qy
Method
~
regulation.
82
83
84
@
A 12ublic data set must be in §: format that permits automated
12rocessing and must make use of a1212ropriate technologv to notify the
12ublic of all u12dates.
85
86
87
88
W
A 12ublic data set must be u12dated as often as is necessary to 12reserve
the integrity and usefulness of the data set to the extent that the
agency regularly maintains or u12dates the 12ublic data set.
ill
A 12ublic data set must be made available without any registration or
license requirement or restriction on use. However, the De12artment
may require §: third
lli!:!1Y
12roviding to the 12ublic any 12ublic data set,
or aPl2lication utilizing that data set, to eX121icitly identify the source
and version of the 12ublic data set and describe any modification made
to that data set. In this Section, registration or license requirement or
restriction does not include any measure required to:
89
90
91
92
93
94
95
96
ill
ill
assure access to §: 12ublic data set;
12rotect the single web site housing§: 12ublic data" set from
unlawful abuse or an attem12t to damage or im12air use of the
web site; or
97
98
99
ill
(g}
(hl
analyze the
~
of data being used to im12rove service delivery.
100
101
102
A 12ublic data set must be accessible to external search capabilities.
Nothing in this Article prohibits an agency from:
ill
voluntarily
disclosing information not otherwise defined as data; or
ill"
making
103
104
105
106
(i)
voluntarily disclosed information accessible through the single web
12
olia
l.
After
§:
public data set has been available on the web portal for
§.
months, an agency must not change or terminate collection of data or
o
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BILL
No. 23-12
107
108
109
110
111
112
113
114
115
remove the data set from public access without the approval of the
Chief Administrative Officer or the Chief Administrative Officer's
designee.
ill.
The Chief Administrative Officer must assign appropriate staff to
manage the public data sets.
2-155. Web portal administration.
ill
(hl
The Department may take reasonable measures to maintain bandwidth
availability of the web portal.
The Department mu'st conspicuously publish the open data legal
policy in Section 2-156 on the web portal.
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
W
The Department must implement an on-line forum to solicit public
feedback and encourage public discussion on open data policies and
public data set availability on the web portal.
@
An
agency must consider any request that it receives through the on­
line forum to include
~
particular public data set when making any
determination as to priority for public data set inclusion on the single
web portaL
2-156. Open data legal policy.
ill
A public data set made available on the web portal is provided for
informational purposes. The County does not warranty the
completeness, accuracy, content, 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.
(hl
The County is not liable for any deficiency in the completeness,
accuracy, content, or fitness for any particular purpose
use
any
l32
o
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BILL
No.
23~12
133
public data set, or
third party.
(£)
appli~ation
utilizing the data set, provided
Qy
any
134
135
136
This Article does not create
~
private right of action to enforce its
provisions. Failure to comply with this Article must not result in
liability to an agency.
2-157. Internet data set policy and technical standards.
137
138
139
140
141
142
143
ill
Within 180 days after this Article takes effect, the Department must
prepare and publish
~
technical standards manual for the publishing of
~
public data set in raw or unprocessed form through
~
single web
portal
Qy
an agency to make public data available to the greatest
number, of users and for the greatest number of applications. The
manual:
144
145
ill
ill
ill
must use open standards for web publishing and e-government,
whenever practicable;
must identify the reason why each technical standard was
selected and to which
~
of data it applies;
may recommend or require that data be published in more than
one technical standard; and
~
~
146
147
148
149
150
151
ill
must include
plan to adopt or utilize
web application
152
153
programming interface that permits application programs to
request and receive public data sets directly from the web
portal.
(hl
(£)
154
155
The Department must update the manual as necessary.
The Department must consult with appropriate voluntary consensus
standards bodies and, when participation is feasible, in the public
interest and is compatible with agency and departmental
=~~
156
157
158
o
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BILL
No.
23-12
159
160
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
authorities, and priorities, participate with such bodies
development of technical and open standards.
2-158. Agency Compliance Plan.
~
III
the
Within
l.S.
months after this Article takes effect, the Department must
submit
~
Compliance 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
~
summary description of
~
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 .
.lL
2018, under the standards
adopted
Qy
the Department under Section 2-157; and
ill
{hl
create
~
timeline for their inclusion on the single web portal
If
~
public data set cannot be made available on the single web portal
on or before December
.lL
2018, the Plan must state the reason why
the set cannot be made available, and, to the extent practicable, the
date
Qy
which the agency believes that it will be available on the
single web portal.
1£1
To prioritize public data sets, an agency must consider whether
information embodied in the public data set:
ill
can
be
used
to
Illcrease
agency
accountability
and
responsIveness;
ill
ill
ill
(5)
improves public knowledge of the agency and its operations;
furthers the mission of the agency;
creates economic opportunity; or
responds to
~
need or demand identified
Qy
public consultation.
@
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BILL
No. 23-12
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
@
No later than July 15, 2014, and every July
U
thereafter, the
Department must submit, and post on the web portal, an update of the
Compliance Plan to the Executive and Council until all public data
sets have been made available through g single web portal as required
Qy
this Article. The update milst include:
ill
the specific measures taken to make g public data set available
on the single web portal since the previous update;
ill
ill
ill
ill
ill
any specific measure that will be taken before the next update;
an update to the list of public data sets, if necessary;
any change to the prioritization of public data sets; and
an update to the time line for the inclusion of g public data set
on the single web portal, if necessary.
If g public data set cannot be made available on the single web portal
on or before December 31, 20'18, the update must explain why it
cannot and, to the extent practicable, specify the date
Qy
which the
agency believes that the public data set will be available on the single
web portaL
201
202
203
204
2-158. Public Information Act Responses.
W
Definitions.
In this Section, the following words and phrases have the
205
206
207
following meanings:
County
means Montgomery County and includes any Executive or
Legislative Branch department or office.
Information request
means g request for documents submitted to the
208
209
210
County under the Maryland Public Information Act.
ru
The Chief Administrative Officer must make available on the web
portal each infonnation request submitted to the County under
211
G)
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BILL No. 23-12
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
Approved:
Maryland Public Information Act and the County's response to that
request.
W
Except as provided in subsection@1 the web portal must include:
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
ill
ill
ill
@
the final response to the information request.
The Chief Administrator must not include on the web portal any
electronic mail address, home address, or telephone number of anr
f
individual who submitted
f!
responsive document.
liD
The Chief Administrative Officer 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.
229
Roger Berliner, President, County Council
Date
230
Approved:
231
Isiah Leggett, County Executive
Date
232
This is a correct copy o/Council action.
233
Linda M. Lauer, Clerk of the Council
Date
®
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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
vvww.montgomerycountvmd.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:
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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 ofthe County Executive. I am here to testifY on
behalf of County Executive Leggett on Bil123-12.
The bill would require the County to 1) make certain public datasets available 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 of this 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
stakeho lders 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 ofthis bill's the intent. Per his
direction, we have been working with Councilmember Reimer on certain amendments
which would allow many ofthe defined terms and requirements ofthe 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 any 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 pt:lblication (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 Clf 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 Department 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
resources.
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
release.
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
lsiah Leggett
County Executive
MEMORANDUM
October 25,2012
TO:
FROM:
SUBJECT:
Roger Berliner, County Council
Piesid./'?~
Isiab
Leggett,
County Executive
~
Recommended Amendments to Bill 23-12, Administration - Open Government
I am transmitting recommended amendments to Bill 23-12, Administration ­
Open Government. I want
to
thank Councilmember Riemer for his leadership on this bill and for
the assistance he provided to Executive Staff as they developed these recommended
amendments.
The intent ofBill 23-12 is consistent with my vision for our already open,
transparent, and responsive County government
fu
addition, the Open Data platform that is the
highlight ofthis bill is already one ofthe major components of my upcoming Open Montgomery
Initiative. My recommended amendments, which are reflected in the attached mark-up ofBill
23-12, are mostly focused on clarifying or redefining some tenus and also allowing certain
dataset-specific requirements of the bill (e.g., types and sources of data, system maintenance and
upgrades, resource allocation and needs, publication timelines) to be fleshed out in the Open
Data Implementation Plan.
The following
is
a brief description ofeach amendment.
Amendment Group#l: Clarifying or Redefining
}>
Modify the title of the bill to better reflect the goal ofthe bill by substituting "Open Data" for
"Open Government."
Replace the tenu "Compliance Plan" with "Implementation Plan."
Throughout the bill, remove references to specific County departmentS/offices responsible
for implementing aspects of the bill and replacing them with references to the Chief
Administrative Officer.
}>
~
montgomerycountymd.gov/311
240-773-3556 TTY
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Roger BerHner, County Council President
October 25,2012
Page 2
Amendment
Group
#2:
Focusing on the Open Data Implementation Plan
~
Lines
~
Lines
40-42, add and define the Open Data Implementation Plan.
46-49, modify the definition of the term "Public data set" to be "data identified as
eligible for publication by the Open Data Implementation Plan."
79-90, add specific requirements for developing the Open Data Implementation Plan.
~
Lines
~
Lines 102-103, delete the requirement for technical standards to be issued via Method 2
regulation.
Method 2 regulation.
~
Lines 196-198, add a requirement for the Open Data Implementation Plan to be issued via
~
Lines 225-242, add a requirement for yearly reports on the Open Data Implementation Plan
by the Chief Administrative Officer to be submitted to the Executive and Council, and posted
on the web portal.
~
Line
252, delete the requirement for Legislative Branch compliance with the requirement to
publish the responses issued under the Maryland Public Information Act.
~
Lines 255-258, allow the Open Data Implementation Plan to establish the data elements and
a schedule for publishing all Executive Branch responses issued under the Maryland Public
Information Act.
Executive staffwill attend the Government Operations Committee worksession that is scheduled
for October 29, 2012 to answer any questions that Councilmembers may have about these
amendments. Thank you for your consideration ofthese recommended changes to the bill.
IL:fk
Attachment
cc: Timothy
L.
Firestine, Chief Administrative Officer
Kathleen Boucher, Assistant Chief Administrative Officer
Marc Hansen, County Attorney
Jennifer Hughes, Director, Office ofManagement and Budget
Fariba Kassiri, Assistant Chief Administrative Officer
Patrick Lacefield, Director, Public Information Office
Sonny Segal, Director, Department ofTechnology Services
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Bill No.
23-12
Concerning: Administration
Open
[[Government]] """D"",at"",,; ;t_ _-:-:-_ _
Revised:
7/27/2012
Draft NO.4
Introduced:
July31.2012
Expires:
January 31, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -!...!.No::!,!n.!!:e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Riemer and Andrews, Council President Berliner and Councilmembers
Leventhal and Floreen
AN
ACT to:
(1)
(2)
(3)
(4)
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 [[a 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.
(5)
(6)
By adding
Montgomery County Code
Chapter 2, Administration
Article XIV, Open [[Government]] Data
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]
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:
~----------------------------------------------------------~i1
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BILL NO. 23-12
1
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.
This Article is known as the "Montgomery County Open [[Government]] Data
Act."
2-153. Definitions.
In this Article, the following words and phrases have the following meanings:
Agency
means any department or office[[.l department, division, board,
2
3
4
5
6
7
8
9
10
11
12
committee, commission]] of the County government.
Data
means the final version of digital information:
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
13
14
15
16
17
18
19
(ii)
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
1hl
regularly created or maintained
Qy
or on behalf of and owned
Qy
an agency that records
~
20
21
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
22
23
24
25
government entity; or any image file, such as
~
design, drawing, map, photo,
or scanned
fQPY
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
28
29
30
[[Department
means the Department of Technology Services.]]
[[Determination
means any agency's final decision about a person,
including:
31
32
33
W
{hl
(£}
eligibility for services or benefits;
issuing
~
permit;
registration, certification and licensing; and
liability for civil and criminal penalties.]]
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
Open Data Implementation Plan
mealls 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
~
44
45
46
47
voluntary consensus standards body that is available to the public without
royalty or fee.
Public data set
means
~
[[~
comprehensive collection of interrelated data that
is available for inspection
Qy
the public under any provision of law and is
maintained on
computer system
Qr,.
or on behalf
gb
an agency.]] data
48
49
identified as eligible for publication by the Open Data Implementation Plan.
50
51
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
Informati on Act.
52
53
Technical standard
means:
@
- 3-
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BILL
No.
23-12
54
55
56
57
58
59
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)
60
61
ill
ill
ill
ill
ill
(§)
the definition of
~
term;
classification of
~
component;
delineation of
~
procedure;
specification
of dimension,
material,
performance,
design, or operation;
measurement of quality and quantity in describing any
material, process, product, system, service, or practice;
test method and sampling procedure; or
description of fit and measurement of size or strength.
62
63
64
65
ill
66
67
Transaction
means any interaction between an agency and any person
related to the mission of an agency.
68
69
70
71
72
73
74
75
76
77
78
79
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.
W
[[An agency]] The County must make
[[~]]
some public data sets
available on
~
single web portal on the Internet within
1
year after this
Article takes effect. EyeD' agency must 1l1ake at least one public data
set available to be published on a single web portal withi
tl
the
timeframe prescribed by the Open Data Implementation Plan.
Open
D~ta
The
80
Implementation Plan must assign and
-4­
pri01::itiz~
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BILL
No. 23-12
81
subcategories the order in which public data sets shoulci be published.
To prioritize public data sets in the Open Data Implementation Plan,
the Chief Administrative Officer must consider whether information
embodied in the public data set:
82
83
84
85
86
ill
ill
ill
ill
ill
can
be
used
to
mcrease
agency
accountability
and
responsl veness;
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.
87
88
89
90
91
[[If an agency cannot make
£!:
public data set available, the agency
must report to Executive and Council:
92
93
94
95
ill
ill
ill
(hl
which public data set
it
is unable to make available;
the reasons why the agency cannot make the public data set
available; and
the date
Qy
which the agency expects the public data set to be
available on the single web portal.]]
96
97
98
99
100
Any published public data set that an agency makes available on the
Internet must be accessible through
£!:
single web portal that is linked
to
www.montgomerycountymd.gov
or
any
successor
website
maintained
l2L
or on behalf
Q£.
the County.
101
102
W
@
A public data set must be made available as specified in technical
standards [[identified
Qy
Method
~
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.
103
104
105
106
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BILL
No. 23-12
107
W
Once
publish~
[[A]]
public data set must be updated as often as is
108
109
[[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.
110
111
112
113
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
lli!tlY
providing to the
114
115
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:
ill
voluntarily
disclosing information not otherwise defined as data; or
ill
making
voluntarily disclosed information accessible through the single web
portal.
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 or the Chief Administrative Officer's
--
(§J
-6­
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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 agency may 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 dat.a
sets.
2-155. Web portal administration.
(ill
The [[Department may take reasonable measures]] Open Data
Implementation Plan must address measures to maintain bandwidth
availability of the web portal.
(hl
The [[Department]] County must conspicuously publish the open data
[[legal]] policy in Section 2-156 on the web portal.
1£1
The [[Department]] County must implement [[an on-line forum]]
~
mechanism to solicit public feedback and encourage public discussion
on . open data policies and public data set availability on the web
portal.
@
An agency must consider any request that it receives through the [[on­
line forum]] public feedback mechanism to include
£!
particular public
data set when making any determination as to priority for public data
set inclusion on the single web portal.
An,
agency's consideratiQILQ.[
such a request must defer to the priority assigned to publication by the
Open Data Implementation Plan.
2-156. Open data [[legal]] policy.
(ill
A public data set made available on the web portal is provided for
informational purposes. The County [[does not]] mal<esnoexpress or
implied warranty as . . to the completeness, accuracy, content,
@)
-7­
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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 portaH[,. and no warranty is
implied with respect to any public data set on the web portal]]:.
(hl
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
Qy
any
third party.
(£)
This Article and the Open Data Implementation Plan [[does]]
create
~
not
private right of action to enforce [[its]] 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.
(ill
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
Qy
an agency to make public data available to the
greatest number of users and for the greatest number of applications.
The manual:
ill
ill
must use open standards for web publishing and e-govemment,
whenever practicable;
must identify the reason why each technical standard was
selected and to which
~
of data it applies;
ill
ill
may recommend or require that data be published in more than
one technical standard; and
must include
~
plan to adopt or utilize
~
web application
programmmg interface that permits application programs to
- 8­
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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
211
request and receive public data sets directly from the web
portaL
®
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.
W
2-158. [[A2ency]] Open Data [[Compliance]] Implementation Plan.
liD
Within
.lli
months after this Article takes effect, the [[Departmenm
Chief Administrative Officer must [[submit]] issue. via Method (2)
regulation, an Open Data
[[f!
Compliance]] Implementation Plan
[IN
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]L 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
create
f!
time line 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
212
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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
232
233
234
235
236
237
238
public data set believes that
portal.
!!
will be available on the single web
W
[[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
mcrease
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
~
need or demand identified
121
public consultation.
@]]
No later than July
li,.
[[2014]] 2015, and every July
li
thereafter, the
[[Department]] Chief Administrative Officer must submitto the
Executive and Counci1.,. and post on the web portal, [[an update ofJ]
report on the
~n
~
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
Article. The [[update]] report must [[include]] explain:
121
this
ill
ill
ill
the specific measures taken to make
~
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
necessaryl1 outlined in the Open Data Compliance Plan should
be updated;
ill
[[any change to]] whether the prioritization of public data sets
in the Open Data Compliance Plan should be changed; and
- 10­
f:\law\bills\1223 administration - open government\final ce amendments.doc
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BILL No. 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 outlineqin the Open Data
Compliance Plan for the inclusion of
~
public data set on the
single web portal, [[if necessary]] 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
12y
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.
Definitions.
In this Section, the following words and phrases have the
!ill
following meanings:
County
means Montgomery County and includes any Executive Branch
251
252
department or office and Legislative Branch [[department or]] office.
Legislative Branch office
means any office identified in Section lA-203
253
254
(b), the Board of Appeals, and the Merit System Protection Board.
Information request
means
~
255
256
257
258
259
260
261
262
263
264
265
request for documents submitted to the
County under the Maryland Public Information Act.
(b)
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
that request]].:.
~
[[and]] the County [[County's response to
!£1
The Legislative Branch
m~st
post all data
element~,
as identified by the
Open Data Implementation
PJa~Qn
the same single web portal used by
the Executive Branch.
- 11 ­
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BILL
No. 23-12
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
[[Except as provided in subsection (Q1 the web portal must include:
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
i1
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
~
responsive document.]]
[[W]]
@
The Chief Administrative [[Officer]] Officer's report reguiredlrr
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.
Approved:
282
283
Roger Berliner, President, County Council
Date
284
Approved:
285
Isiah Leggett, County Executive
Date
286
This is a correct copy o/Council action.
287
Linda M. Lauer, Clerk ofthe Council
Date
- 12­
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c..c
ROCKVILLE, MARYLAND
070644
MEMORANDUM
October 25,2012
, >.:;
"
TO:
Roger Berliner, President, County Council
Jennifer A. Hughes, Director, Office of Management and Budget
Joseph F. Beach, Director, Department of Finance
~
Council Bill 23-12 - 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
Chi~f
Administrative Officer
Lisa Austin, Offices ofthe COtmty Executive
Joy
Nurmi,
Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Sonny Segal, Director, Department of Technology Services
Alex Espinosa, Office of Management and Budget
Dieter Klinger, Department of Technology Services
Helen Ni, Department ofTechnology Services
Ian Boyd,
CountyStat
Erin
Ashbarry, 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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Fiscal Impact Statement
Council Bill 23-12 - Administration - Open Government
1.
Legislative Summary
The proposed bill
requires
each County department to
make
a
public dataset available on the
Internet within 1 year of
the
effective date of this Bill and
an
datasets by December 31, 2018.
The public dataset must be accessible through a single web portal that is linked to
www.montgomerycountymd.gov or any 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 lnformation Act (MPIA) requests and the
County's responses to tviPIA requests; and
'
• Report on the Executive Branch's compliance with the MPIA.
2. An
estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in tbe recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
This analysis is based on the following assumptions and data sources:
• Maryland Public Infonnation Act (MPIA) data is included in the Open Data legislation;
• The County's Department of Technology Services (DTS) will continue to use the Socrata
platform and vendor for the Open Government initiative;
• Reports and statistic..q on functionality
will
be
provided by the County's cloud provider;
and
• Costs are based on the publication of 100 datasets and 500 dataset.'l.
The following summary charts provide estimates of staff time and costs for the
publication of both County datasets and MPIA requests.
-,
-----"
~5timated
Activi~
i
Time agd
Costs
of
PU!!li§billg
~ount!
Datasets
Time
CoSl~
I
i
A)
Developing technical standards manual and an
Open Government Compliance Plan
B.l) Internal and external support costs dedicated
to Open Government initiative
• B.2) DTS software Iicensing
l
B.3) DTS application
support
-
1,200 hours
---­
$96,000 (1.time)
$320,000 per year
$50,000 per year
$16,000 per year
$2,240 per dataset
2.0 FTEs ­ new Grade 28 Senior IT
Specialist positions
Contract cost per year
200 hours
per
year
.
~---.
C.
t)
CountyStat data identification/review
i
28 hQurs per dataset
I
SQ\I{3\a
£Qntract
eJCpellsu
~~I'
by
the !.lye/ofservices provided;
due to
ullcertainty,
DIS estimates a cost of $50,000, bused
on
the
curren/level
of service of 100-200 datasets.
.
1
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­
C.2) Drs dataset processinglreview
2
•..
32 hours per dataset
~.-
..~-
.$2,560 per dataset
...
1--.
C.J) Submitting departmental review
20 hours per dataset
8 hours per dataset
...
$1,600 per dataset
I
I
C.4) County Attorney review
J
Total I-time fixed costs:
Total ongoing fixed costs:
4
Tolal variable costs:
__
$800
per
dataset
...
i
$96,000 in the first year
oruy
(line A)
$386,000
pet year (lines
8.1-8.3)
S7,200 per dataset (lines C.l-C.4) for
. fTis.ft,ril}
Summary of publishing Cgunty datasets:
• Assuming 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 or greater per dataset)
more due
to
uncertainties in the
complexity
ofthe
data reviewed.
These
extreme outlying costs were not included in this
analysis since
the
likelihood of them occurring is not
known.
• Assuming the County published 500 datasets, the total expenditures will be
approximately $4.082 miUion
in
the tirst year. This analysis assumes that total average
cost
of reviewing a dataset is $7,200 -
however~
approximately 10% of datasets 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] 00 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 TrackinK Executive Branch's Comn1iance with MPIA
and Publishinll. MPIA Reguests
Activity
0.1)
DTS application development (inc.
Tim~
~osts
r~uests
I
700 hours
. $56,000
(l~time)
..
---.~
reportsi
...
"-.~--
..
~-~~
..
-~
0.2)
DTS documentation and training materials
I
400 hours
TBD
400 hours
TBD
TBD
$32,000
TBD
D.3) Departmental MPlA training (initial)
I
E.l) DTS application managementlupdates
i
$32,000
per year
. E.2) DTS hardware maintenance
[E.3) Departmental MPIA training (ongoing)'
1
All
J
TBD
nm
County attorney rale is
bas~d
on .$100 per hour.
estimates are
based
011
week activities performed
at
a nKe of$80 per hour (Grade 28 Senior IT Specialists or departmental equivalent).
• Eistimates are based on
cUlTent
level of work effort. These costs are uncertain ami may increase depending on the scope, volume, complexity,
frequency of specific datasels.
J
In
FYJ2.
then:
WCIC lIpproKimately
700 MP1A requests (excluding DPS - could not provide an eslimale at the time oftbis writing).
2
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F.1) MPIA
tracking
system
software
N/A
WW"
~."h_
$390,000 (l-timc)
$60,000 per year
TBD
$]60,000 per year
acquisition
7
,.
0.1)
MPIA tracking system software
N/A
maintenance
0.2)
Staff time needed to track/report MPIA
TBD
. 1.0 FTE
Compliance in each department/office
:--­
OJ MPIA tracking system administration and
support
Total I-time fixed costs:
Total ongoiDg costs:
To~alt-time
r-----~-
--------------------
at
minimum
(lines
E.t-E.3)
$32,000,
$88,080,
at
ml.;mum,
i.
the
fint
year only (Ii...
D'I-D~
compliance tracking system costs:
- - - - - - - - - - - - - - - - -.. .
~---------------------____l
$390,000, in the first year only (line F.I)
Total ongoing compliance
tracking system eosts: $220,ODO, at minimum (lines G.I--G.3)
Sununary of publishing MPIA requests:
• .The total cost ofpublishing MPIA requests on the County's web portal is approximately
~730,OOO
in the first year. However, a nwnber of cost estimates and activities are to be
determined (TBD); therefore, the actual first-year costs ofpublishiJ:lg
MPIA
requests is
likely to be higher
than $730,000.
• Ongoing costs will be affected by the number ofrequests published annually,
the
numbcr
ofpublic inquiries regarding the published requests, and the length oftime requests must
remain on the website. These factors will significantly impact the cost estimates herein.
• DTS cannot estimate the number of MPIA requests iliat 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 approximately 700 staff hours
win
be required to
develop
an
application management system that
win
enable each
department to post all MPIA requests and responses (and any associated
. document.;;) 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 aUow CountyStat and the Chief
Administrative Officer (CAO)
to
produce statistical and compliance
reports
(D.l).
• Preparing training materials/documents and providing training
(0.2,
D.3.
E.3)
• Ongoing software/application management will require
an
additional
400
hours
per
year (E.t).
6
Ongoing training to be provided
10
new departmental Points ofCon1acts
(POCs);
frequency oflraining
is
uncertain.
'The
MPlA tracking system sonware is required to track all MPlA rcquc:sls. Mom receipt to
postin!t
a rClSponse on
too
web 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-off-the-shelf (COTS)
system
(F.l).
• Ongoing software mruntenance
(G. 1).
• Staff
time in
individual departments to track MPIA requests in
the
pipeline
(0.2).
• DTS also estimates that one full time staff will be required to administer
and provide support for the compliance tracking and reporting system
(0.3).
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:
,----
.
,
Total Expenditures over the next Six
Fiscal
Years
Year
Dataset Publications
$1.202m to $4.082m
.~,.
MPIA
Reguests
Total
--
Year One
~earTWo
!
YearThree
i
$730,000
$252,000
St.932m to 54.812m
$1.106m to $3.986m
$1.106m to $3.986m
$1.l06m to $3.986m
S1.106m to S3.986m
i
Year Four
Year Five
Year Six
Total over Six Years:
I
I
$252,000
$252,000
$252,000
­
I
Sl.358m to 54.238m
..
i
S1.358m to$4.238m
I
I
$1.3S8m
to
54.238m
I
$1.358m to $4.238m
$1.3S8m to $4.238m
58.122m to $26.002m
SL106m to $3.986m
$6.732m to $24.012m
i
$252,000
,.­
I
$1.990111
Summary
oftotal costs over the next six fiscal yeats:
• 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 526.002
million
(based on
500
published
datasets per year). These estimates jnclude 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, actual total costs over the next six fiscal years
may
vary
significant!
y.
• 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 amortization period for each bill that would
affect retiree pension or group insurance costs.
Not applicable.
5. Later actions that may affed future revenue and expenditures
if
the bill authorizes
future spending.
The bill does not authorize
ftlture
spending.
6. An estimate of the' staff time needed to implement tbe bill.
r - - - -...
,._--.
,-,
-
>,
i
i
!
Total Staff Hours Required over Six Years
'-'~'~"--'~'------r-~~--'
I
First Year Only
!
L~_
Year
-I­
i
Dataset Publications
10,200 to 45,400
MPIA Reguests
1,500
'"
Total
11,700 to 46,900
",~
I
Subsequent Years
i
i
9,000 to 44,200
400
9,400 to 44,600
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 Opcn Government
activities.
It
also does not include the full· time position dedicated for MPIA administration and
support activities. Additional staff time is also required for hardware maintenance and
MPIA training; DTS cannot estimate this workload at this time.
7. An exp1anation 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 ruso 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 MI)IA requests increase after the first year of the
bill's implementation.
S. An estimate of costs when an additional appropriation is needed.
DTS and other County departments cannot currently estimate how much ofthe 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 additional appropriation of
at least
$1.932 million to $4.812 million will be required in the ftrst year of implementation.
9. A description of any variable that could affed 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
69
5
 PDF to HTML - Convert PDF files to HTML files
include the complexity and sensitivity ofparticular datasets that may affect the amount of
time required for review arid formatting/presentation.
For
MPIA
requests, the key variable that could affect cost estimates is the number ofMPIA
requests to be published. DrS 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 teclmiques (departments currently do not track the flow of an
MPIA request other than Jogging in receipt and response).
The
cost of publishing individual datasets or MPIA requests may decrease over time,
as
DrS
and departments become more efficient in the process. However, marginal decreases may be
offset by increases in volume. DrS cannot reliably estimate these efficiencies or offsets at
this
time.
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 willlikcly 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
damsets to be published.
11.
If
a
bill is likely to have no fiscal impact, why that is the case.
Not applicable.
12. Other rascal impacts or comments.
None.
13. The following eontributed to and concurred with this analysis:
Dieter Klinger, Department of Technology Services
Helen Ni,
Department of Technology Services
Ian
Boyd, CountyStat
Erin Ashbarry,
Office
of the County Attorney
Naeem Mia, Office of Management and Budget
lof'24/t'L
Date
6
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Economic Impact Statement
Council Bill 23-12; Administration - Open Govemment
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
of:
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 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;
and
5)
the Chief Administrative Officer
to
report to the Council on the Executive Branch's
complianoe with the Maryland Public Information AcL
I.'
The
sources of infonnation, assumptions. and methodologies
used.
Not applicable
2. A description of any variable
that
could affect the economic impact estimates.
Bil123-12 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.
wby
is that the case?
Not applicable; see item 3.
5. The following contributed to and
concurred
with this analysis: David Platt and
M.i.Ire
Coveyou,
FlOance
 PDF to HTML - Convert PDF files to HTML files
A
. . .
- -
. .
- . . .
B
C
~
--.-~
D
E
Bill 23-12
Fiscal
-
2
3
4
.,.
-------­
-
5
.
····::~:1~)~:-=·-~~·~~·lr:~-=~~i~~--E-_ii=_~~r~~-(~~~--e
_
(Includes CE's Amendments of
10/25/12
and
11/19/12)
I
Total
-
...
------­
._._-----
- CE amendments
..
...
----
....
---.-.-
. .
Date of
..
Estimate: 11/19/2012
-_
..
--------------
--------
-------
-.~.~----.--"-----------.--------
I
--
-1-·---
.
~: ~~:~r~~;iii;;S___
}-
i~i:~=- ~!{~t ~~~b
f= -- -- ­
'16 .. ____...
.._
...___ ._..__..._ _..
171\J!PIA__ ._ ....__.__ .. ______.__..
18
__..__.._ ..._....._____... __.___....__....___....._
56,000
Application Development
$
_ _._
10
SOft~~~Uc;~~~~~~~
___
l.~ ~._~=50,Qo:§.t=~~.=-.==~=+-_$ .~=~·=~g,_OOQ.~_6:6_ua
I
~.~==
~~ ;~~;:~~~~6~ua~;r~~s-
7~~:~6~h--~7io,Ooo
1-
~
.
-.l§,~OQ +-:-~-~ ~
..:.. -:--..---......
~
..
:~;;i~;;i~~T- -=-_IF--3~1o~t-=-~=-:~~h --3~~ ~ ~_~t.~.~
6
I
Internally·
Absorbed
Costs
New
Additional
Costs
1
Basis
__
..
_e. _ . _ _ _
._1
_
_._~
===~.=-=~=-=.L===----. i--==~=~~~==
---f'.. ---.-.-. . . . . .
r
i
__.._ _...._ ...J..._
_~
..__.... __ .........
56,000 .
one-time
_._____.._ _..
~
$
..
-.-~ ----.~
.--.-1- .-.--------..-.
~~ ~~~~~~~i~~ni~g =i==-~t~'OQQ.=TBiC.-f-=T~=:E~;:~=
~! ~fa~~:~:.-I~A::g.~;··.·
. -. -.-. --..
J.i. .-.$..
J~~.
··-1
:r---!B.P-.-=--.-.·
._$_ .
-~B-.D
....
=-.
-~~~
. .
-~.
_ . . .
.
..
.
~~ I{~t~~~~!~:~;r~·0~[6!~.-·~1.ir~-~:-=~F==~::-.1=--=-~- -]-~~:~~~:~.--.-
27
28
~~ ~~~~i;~t:~~~i~~;~~~c~~!···-T~--·TlD~~99~·-·--TBi)·- tLTB~l'POO
._[.---.. ---.-........_--.-..
::~~~T··-·-·--·-·
·----······:-----·:·:--·-··--·-·--·-··~---7--····-·-··--------+-.--
. .- -.. -., ...--.-.-----.
,
~~ &:~~-f:~:~:;-~~:~~tc~I---~~~~~~f--- ~~~::
-
}~~~~~~-I--===
­
• 33
~~TO!~IXE!~.r-!~o,etc"---
.. _.....
._I_t..
~.~~-'-O.~~
..
_.!.-.~
.... _-----._...
=-~. ~~-
. . . .
!;oo.o.t- __._
..
T-r~~i~g .?;st~~i~P~!:!~~=-~I~=~~=.~~~-=~~J~.- ~~. _~=-~~==_- ~~~~~ ==~==
Total Year
O':'~
...
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i
1. These are estimated costs based on information
available at this
2.
Assumes CE's amendments of
10/25/12
and
11/19/12
(lines
259-261
ofthe attached
37
are
:>i"lrln1"'::'i"I
38
39
40
41
3.
Assumes CM Riemer's new amendments (lines
251-254
and
262-264
of the attached
document) will have no additional fiscal impact.
-
--
-
.
4. Costs may change if other amendments are made.
5. Column
(3)
are costs assumed to be able to be absorbed by work assignment reprioritization,
with no need for new resources.
.
....
-
....
- _
. . . . .
_-_
.....
-
--
.. .......•.•.
_
....
6.
Column
(4)
are costs that will require budget allocations, need new resources
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