GO ITEM #2
November 19,2012
Worksession
MEMORANDUM
November 15,2012
TO:
FROM:
SUBJECT:
Government Operations and Fiscal Policy Committee
Amanda Mihill, Legislative
Attorney~lJ.2
Worksession:
Bill 29-12, Merit System Protection Board
- Elimination
Annual Public Forum
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.
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 of the Board.
Council staff recommendation:
enact Bill 29-12.
This packet contains:
Bill 29-12
Legislative Request Report
Memo from Merit System Protection Board
Circle #
1
3
4
F:\LAW\BILLS\1229 MSPB - Annual Public Forum\GO Memo.Doc
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Bill No.
29-12
Concerning: Merit System Protection
Board - Annual Public Forum ­
Elimination
Revised:
9/12/2012
Draft No. 1
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 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 Wlaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL No. 29-12
Sec. 1. Section 33-7 is amended as follows:
2
3
33-7. County executive and merit system protection board responsibilities.
*
(0)
*
*
4
5
Public forum.
The Board must convene at least annually a public forum
on personnel management in the county government to examine the
implementation of Charter requirements and the merit system law.]
Approved:
6
7
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 ofthe Council
Date
f:\Iaw\bills\1229 mspb - annual public forum\bill1.doc
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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 govenunent.
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
MUNICIPALITIES:
PENALTIES:
N/A
F:\LAW\BILLS\1229 MSPB - Annual Public Forum\LEGISLATIVE REQUEST REPORT. Doc
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MI~RIT
SYSTEM
PROTEGll0N BOARD
M.F~MORANDUM
November 13.2012
TO:
Roger Berliner, President
M.
o.
n
t.b.10mer.Y
..
..
coun~Yc
unci!
12, Personnel .- Merit System Review'
Merit System
Protection
Board
FROM:
Bruce Ervin Wnod
Chairperson
SUBJEC'!':
Written Testimony in Support afUilI
Commission
~
Amendments and Bilt
Annual Public Forum - Elimination
'{'he purpose ofthjs memorandum is to indicate the
Board's
strong support for
13m
28-12,
Pcrsonncl- Merit System Review Commission·- Amendments aud HiU 29-12, Merit System
Protection Hoard,", AnmUlI Public Forum Elimination. Below is a discussion of the rationale
t{)f
our support.
There
Is
No Need I"or A Merit
Svstcm
Review Commission As
The
COlAntv
C!:urrte~
AJrcadv
EnsurL"S
Ongoing
Oversight
And Protection
Of
tbe
Merit
Sl;:stem.
SCi.:tlon 33-5(d)
of
the County Code required that the County Council convene a Merit
System Revic\v Commission no later than
July
t
1980. It also provides that,
ifdetennined
necessary by the Cmmcil, the Council subsequently would appoint a Merit System Review
Commission at intervals of
four
years, The Council convened the
first
and
only
lVferit
System
Commission in 1980 and the
System Revie\v Commission issued a report 1981.
The County
C:harter
establlshed
the
system
t;~mployees
ofthe
(iovernment
in
194ft
At
that
the predecessor to the M.erit Syslt2mPmtectionBoard
(MSPB
or B{)ard), the
Personnel
Board.
was established and tasked
protecting the
merit
and
employee tights gnamntecd under the
merit
Bystem.
Today, the MSPB continues this
mandate
ttl
oversee
and
the
merit system
and
eluplnyee's
rights,
Among
the
oversight
duties
of
t.he
Board, pursuant to Section
of the
is the review of and com.ment on any proposed
changes to the
merit system
law
Of
regulations, as
\veH
as the conducting of special studies on
administration
(lfthe merit and retirement
pay
systems as the Board
wamulted.
The County Councll's Government Operations and
Fiscal
Policy (GO) Committee
als()
exerClS(:s continuing oversight intu personnel and merit system
The
works
_A'""~'
,
with
Committee on an
ongoing
to
stl'engthen
and
protect
this
working rdationship
between
the
and
the
dlectivc
Avenue, SuHe
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Written Testim()Oy Supporting BiBs
2&~12
&
29-12
Page 2
ongoing ov(\!"sigilt
and protection
of
the
merit
system, there
is no
need
for
anyadditlonal
oversight This position is
supported
by
the fact
since the
tirst
.Merit System
Review
CtHHmissi<m was
app{)inted in 1980 and reported
in
1981. the County
Council
determined
thatit\VdS
not necessary to appoint another Merit
Review Commission.
'rhere-tore,
Board strongly supports thc(;;''11actment of Hill 28-12.
There Is No
Need
For An Annuall1ublic Forum
Sectkm
33-70) of
the
County Code establishes the
requirementthat the Board hold an
public thrum on personnel
management
in the
County Government to
exarninc
the
implementation of the Charter requirements and the merit system law. While the Board
ha.~
faithfully
met the requirement to hold
such
a forum each
it
has been the Board's experience
that the forum
is not wdlwattended
fbr the last two
there were three and
the
attt'naees
respectively).
It
is the Board's opinion that the time and resources expended in comdinating the
R)IDm
each
year eould
be
better spent on the ongoing oversight responsibilities of the
B03.td.
Therefore, the
Bo~u
. d strongly supports Bill 29-12 to eliminate the reqnirement for an annual
public
f(lfum.