GO ITEM #1
November 19,2012
Worksession
MEMORANDUM
November 15,2012
TO:
FROM:
SUBJECT:
Government Operations and Fiscal Policy Committee
Amanda Mihill, Legislative Attorney
(~
Worksession:
Amendments
Bill 28-12, Personnel - Merit System Review Commission -
Bill 28-12, Personnel - Merit System Review Commission - Amendments, sponsored by the
Government Operations and Fiscal Policy Committee was introduced on October 16, 2012. A
public hearing was held on November 13.
Bill 28-12 would eliminate the requirement that the Council appoint the Merit System Review
Commission every
4
years. The Council' would retain the authority to appoint the Committee as
necessary. The first Committee was appointed in 1980 and issued a report in 1981. Every 4
years since 1981, the Council has determined that it was not necessary to appoint the Committee.
The requirement for a Committee predates collective bargaining and the Management
Leadership Service.
The Council received a letter from Bruce Ervin Wood, Chair of the Merit System Protection
Board, supporting Bill 28-12 (©5). As the letter notes, both the Board and the Government
Operations and Fiscal Policy Committee would continue to exercise oversight into personnel and
merit system issues.
Council staff recommendation:
enact Bill 28-12.
This packet contains:
Bill 28-12
Legislative Request Report
Memo from Merit System Protection Board
Circle #
1
4
5
F:\LAW\B ILLS\1228 MSPB - Merit System Review Commission\GO Memo, Doc
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Bill No. _ _ _
...=.:::..-'-"'-_ _ _ __
Concerning: Personnel - Merit System
Review Commission - Amendments
Draft No. _1_
Revised:
9/13/2012
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:
(1)
eliminate the requirement that the Council appoint the Merit System Review
Commission every 4 years; and
(2) generally amend the personnel law.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-5
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 A ct.'
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BILL
No.
28-12
Sec.
1.
Section 33-5 is amended as follows:
2
3
4
33-5. Statement of legislative intent; merit system principles; statement of
purpose; merit system review commission; applicability of article.
*
(
d)
*
*
5
Merit system review commission.
6
7
ill
In addition to the [county council's] County Council's legislative
responsibilities [authorized] under [sections] Sections 101 and
401 of the [county charter] County Charter, the Council, as
necessary, may appoint [there shall be convened no later than
July 1, 1980, and, if detennined necessary in each instance by
county council resolution, subsequently at intervals of four (4)
years,] a [merit system review commission, the functions of
which are to] Merit System Review Commission
Qy
resolution.
8
9
10
11
12
13
14
15
16
Cii)
The Commission's duties are to:
CA)
strengthen the system of checks and balances among those
officials and agencies of county government having merit
system responsibilities; and [to]
17
18
19
.an
examine and recommend legislative or administrative
revision to the merit system in keeping with the intent of
the [county charter] Charter and this [article] Article and
with
new
developments
in
the
field
of public
20
21
22
23
24
25
administration and personnel management.
(iii)
The [commission shall be an eleven-member body composed of]
Commission has
11
members who are appropriately qualified
[county citizens] County residents [and established by a
resolution of the county council]. The [county executive shall]
Executive must appoint [five (5) of the]
~
26
27
members [of this
0f:\laW\biIlS\1228 mspb - merit system review commission\biIl1.doc
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BILL No. 28-12
28
29
30
31
32
33
34
Approved:
commission and the county council shall] "and the Council must
appoint the remaining members.
(iv)
Each [commission shall terminate] Commission terminates after
it [renders to the county council] submits its final report to the
Council.
*
*
*
35
Roger Berliner, President, County Council
Date
36
Approved:
37
Isiah Leggett, County Executive
Date
38
This is a correct copy o/Council action.
39
Linda M. Lauer, Clerk ofthe Council
Date
6J
f:\Iaw\bills\1228 mspb merit system review commission\bill1.doc
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LEGISLATIVE REQUEST REPORT
Bill 28-12
Merit System Review Commission
Personnel
DESCRIPTION:
PROBLEM:
Amendments
Bill 28-12 would eliminate the requirement that the Council appoint
the Merit System Review Commission every 4 years
The first Committee was appointed in 1980 and issued a report in
1981. Every 4 years since 1981, the Council has determined that it
was not necessary to appoint the Committee. The requirement for a
Committee predates collective bargaining and the Management
Leadership Service.
To eliminate the requirement that the Council appoint the Committee
every 4 years.
County Council; 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.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
N/A
F:\LAW\BILLS\1228 MSPB ­ Merit System Review Commission\Legislative Request Report.Doc
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MERIT SYSTEM PROTECTION BOARD
NtKMORANrnJM
TO:
Roger
President
Montgomery County
neil
.
.,/
FROM:
Ervin Wood
Chairperson
Written Testimony in
Support ofBiU
28-12,
Personnel-
Merit
System
Review
Cl)mmission - Arnendmellts m1d BiU 29-12,
Merit
Protectiou Board
~-
Annual
Public
Forum - Eliminatitm
SUBJECl':
'fhe purpose of this memorandum is to indicate the Board's strong support for BiH
Personnel ..·Merit System Review
Comlnission
~-
Amendments and HiU 29-12, Merit System
Protection Board," Annual Public
Forum
~~
Elimination. Helnwis a discussion
of
the rationale
fhr
OUf
support
No
Need For
A
Merit
System Review
Commission
As The
CQynty.
Charter
Already Ensures Ongoing
OvenigbtAnd
Protection
Of
tbe
Merit
Systerq:
Tb~re
Is
;:,e(;uc,n
33 5(d) of the County Code required that
the
County Council convene a Merit
Systclu
Review
Commission no
later
than
July'
1, 1980.
It
ruSt)
provides !tmt,
if
determined
M
by
the COlmdl. the Council subsequently would appoint a Merit System Review
Commif:Jslon at intervals of four years. 111C Council convened the first
and
only Merit System
Rev!!!,,,,'
CO.mntission
in 1980
and
the Merit System Review Commission issued a report in 198
t ,
The
('ounly
Charter
established
the
merit
system for employees
oflhe
County
Government in 1
At that
time.
the
predecessor
to
the
Merit
SystcmProtectiol1
Board
(MSPB
or
tbe Personnel Board,
WRS
established
and
with
protecting the merit
system
etnployee
rights guaranteed under the
systenL
Tod1ty,
the MSPB continues
this
m~md.ate
to
{)vcrsee and protect the Iuedt
and employee's rights.
the oversig.ht duties
ofthc
Board, pursuant to
Section
404 of
Charter; is
review
orand comment
on any proposed
changes to lhe merit system
law
or
regulations~
as weU as the conducting of
~l>eciat
studies on the
ndminislratkm of
the .merit and retirement pay systerns as the Board deems
warranted.
County
Govemment ()pcratiotls and Fiscal
Policy (GO)
Conuu.ittee
also
exercises continuing
oversight into personnel and
The Board
dosely
the GO C
on an
basis to
strong
the GO
"'''''.!t,!'''
lO()
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Written Testimony Supporting
Bms
2&~!2
&
Page 2
12
ongoing
oversight
and
protection
of the
sY51cm, there is no need
tor any addirlnnal
System Review
oversight This position is supported
by
the fact that since the first
Co:mmissi.on was appuinted in 1980 and reported in .1981, the County Council
determined
that
it
was not necessary to appoint another Merit System Review Commission. Therefore, the
Board strongly supports the enactment
Bm
28-12.
There Is No Need For An
Annual
Public
Fonuu
Section
33~7(j)
ofthe County Code establishes the
requirement
that the Board hold an
annual public forum on
pt"tsol1nel
management in the County Government to
examine
the
implementation ofille Charter requirements and the merit system law. While the Board has
faithfully
nlet
requirement to hold such a forum each
it
has been the Board's experience
that the forum is not
weU~attended
(e.g., tor the last two years there were three nndfivcattendees
respectively).
It
is the Board's opinion that the time and resources expended in coordinating the
f{)runl
each
could be better spent on the ongoing oversight resp<msibiHties of the B()ard.
Therefore,
the Board strongly supports
29~
12
to
etiminate
the
requirement for
an
annual
pub!k~
t(Jrnm.