Open
[IGovernment1]..!!D~a~ta!--
_ _ __
Revised:
12/4/2012
Draft NO.6
Introduced:
July 31. 2012
Enacted:
December 4. 2012
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N:..:.o::::,:n,;:,e'-:-_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
Bill No.
23~12
Concerning: Administration
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council members Riemer and Andrews, Council President Berliner, and Councilmembers
Leventhal, Floreen, Navarro, and Ervin
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
(6)
require the County to make certain public data sets available on a single web portal
on the internet;
require the [[Department of Technology Services]] County to develop a technical
standards manual for publishing public data sets;
require the County to develop [[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 withl1 responses to the Maryland Public Information Act;
and
generally amend County law regarding administration.
By. adding
Montgomery County Code
Chapter 2, Administration
Article XIV, Open [[Govemmentl1 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]
Do.!J.bJaunderlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
23-12
1
2
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]]
Act."
2-153. Definitions.
In this Article, the following words and phrases have the following meanings:
Agency
means any department or office[[.1 department, division, board,
3
4
5
6
7
8
9
10
committee, commission]] of the County government.
Data
means the final version of digital information:
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12
13
14
15
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
Oi)
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
16
17
18
19
20
21
22
(b)
regularly created or maintained
Qy
or on behalf of and owned
Qy
an agency that records
f!:
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
23
24
25
government entity; or any image file, such as
f!:
design, drawing, map, photo,
or scanned
£QQY
of an original document.
[[Data
includes statistical or
26
27
factual information about the image file and geographic information system
data.]]
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BILL No. 23-12
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[[Department
means the Department of Technology Services.]]
[[Determination
means any agency's final decision about a person,
including:
31
32
33
34
ill
®
(£)
eligibility for services or benefits;
issuing
f!
permit;
registration, certification and licensing; and
liability for civil and criminal penalties.]]
@
35
36
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 MIDland Code.
37
38
39
Measurement
means to quantify any characteristic of an observable event,
occurrence, or object
Qy
comparison to
f!
reference standard.
40
41
42
43
44
Open Data Imvlementation Plan
means a plan developed by the Chief
Administrative Officer to implement this Article and as further described in
Section 2-158.
Open standard
means
f!
technical standard developed and maintained
Qy
f!
voluntary consensus standards body that is available to the public without
royalty or fee.
45
46
47
Public data set
means
[[f!
comprehensive collection of interrelated data that
is available for inspection
Qy
the public under any provision of law and is
maintained on
f!
computer system
~
g~J~
48
49
50
or on behalf of, an agency.]]
identified as eligible for publication by the Open Data Implementation Plan.
Public data set does
not include any portion of
f!
data set that is not subject
to disclosure under any Federal or State law, including the Maryland Public
Information Act.
51
52
53
Technical standard
means:
-3­
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BILL No. 23-12
54
55
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
56
57
(hl
ill
ill
ill
(±)
the definition of
~
term;
classification of
~
component;
delineation of
~
procedure;
specification
of dimension,
material,
performance,
58
59
60
61
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design, or operation;
ill
®
ill
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.
64
65
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Transaction
means any interaction between an agency and any person
related to the mission of an agency.
68
69
Voluntary consensus standards body
means
organization that develops and maintains
~
~
domestic or international
~
technical standard that uses
70
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.
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ill
[[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. Every agency must make at least one public data
s~t
available to be pyblished on a
singl~
web portal within the
The
timeframe prescribed by the Open Data Implementation Plan.
Qpen Data Implementation Plan must assign and prioritize by
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BILL
No. 23-12
81
subcategories the order in which public data sets should be published.
To prioritize public data sets inthe Open Data Implementation Plillh
the Chief Administrative Officer must consider whether infonnation
embodied in the public data set:
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ill
ill
can
be
used
to
Increase
agency
accountability
and
86
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responSIveness;
improves public knowledge of the agency and its operations;
furthers the mission of the agen£Y.;.
creates economic opportunity: or
responds to a need or demand identified by public consultation.
90
91
ill
ill
ill
[[If an agency cannot make
f!
public data set available, the agency
must report to Executive and Council:
92
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ill
ill
ill
(Q)
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 by which the agency expects the public data set to be
available on the single web portal.]]
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Any published public data set that an agency makes available on the
Internet must be accessible through
to
~
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single web portal that is linked
or
any
successor
website
www.montgomerycountymd.gov
maintained
~
or on behalf of, the County.
i£)
A public data set must be made available as specified in technical
standards [[identified by Method
2.
regulation]l.:.
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@
A public data set must be published in
f!
fonnat that permits
automated processing and must make use of appropriate technology to
notify the public of all updates.
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No. 23-12
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ill
Once published. a
[[A]]
public data set must be updated as often as is
[[necessary to preserve the integrity and usefulness of the data set to
the extent that the agency regularly maintains or updates the public
data set]] reQuired by the Open Data Implementation Plan.
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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
Pill1Y
providing to the
public any public data set, or application utilizing that data set, to
explicitly identify the source and version of the public data set and
describe any modification made to that data set.
In this Section,
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registration or license requirement or restriction does not include any
measure required to:
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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.
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(hl
ill
voluntarily
disclosing information not otherwise defined as data; or
ill
making
Nothing in this Article prohibits an agency from:
voluntarily disclosed information accessible through the single web
portal.
[[After !! public data set has been available on the web portal for
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2
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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
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No. 23-12
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153
154
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designee.]] The Open Data ImplementationEilln must address when
and how an agency may change or tenninate collection of data or
remove the public data set from pUhlk...access.
ill
[[The Chief Administrative Officer must assign appropriate staff to
manage the public data sets.]] The Open Da.ta.LnmJementation Plan
must address appropriate staffing to manage, the published public data.
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.
!f}
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]] IDJblikieedback mechanism to include
!!
particular public
data set when making any detennination as to priority for public data
set inclusion on the single web portal.
An
agency's consideratiQ1LQf
such a request must defer to the priority assigned to publication by the
O;pen Data Implermm1ation 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]] makes no exmess or
implied warranty as to the completeness, accuracy, content,
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BILL
No. 23-12
161
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merchantability. or fitness for any particular purpose or use of any
public data set made available on the web portalU,. and no warranty is
implied with respect to any public data set on the web portal]L
(Q)
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
Q.y
any
third party.
{£l
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168
This Article and the Open Data Implementation Plan [[does]]
dQ
not
create
~
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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
~
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single web portal
Q.y
an agency to make public data available to the
greatest number of users and for the greatest number of applications.
The manual:
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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
~
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plan to adopt or utilize
~
web application
programmmg interface that permits application programs to
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BILL
No. 23-12
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request and receive public data sets directly from the web
portaL
(Q)
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. [[Aeency]] Open Data [[Compliance]] Implementation Plan.
ill
Within
li
months after this Article takes effect, the [[Department]]
Chief Administrative Officer must [[submit]] issue. viaMethod
(2l
regulation. an Open Data
[[~
Compliance]] Implementation Plan [[to
the Executive and Council and must make the Plan available to the
public on the web portal.
Each agency must cooperate with the
Department in its preparation of the Plan]]!. The Plan must:
ill
include
~
summID description of
~
public data set under the
control of each agency on or after this Article takes effect;
ill
prioritize the public data sets for inclusion on the single web
portal on or before December
.1L.
2018, under the standards
adopted
Qy
the [[Department]] County under Section 2-157;
and
ill
(Q)
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
.1L.
2018, the Open Data Implementation Plan
must state the reason why the set cannot be made available, and, to the
extent practicable, the date
Qy
which the agency in possession of the
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212
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No.
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public data set believes that it will be available on the single web
portal.
ill
[[To prioritize public data sets, an agency must consider whether
infonnation embodied in the public data set:
ill
ill
ill
(1)
can
be
used
to
increase
agency
accountability
and
responsIveness;
improves public knowledge of the agency and its operations;
furthers the mission of the agency;
creates economic opportunity; or
responds to
~
need or demand identified
by
public consultation.
ill
@)]
No later than July
li,.
[[2014]] 2015.1 and every July
li
thereafter, the
[[Department)] Chief Administrative Officer must submit to the
Executive and Council.,. and post on the web portal, [[an update of]]
~
wort on the Qpen Data [[Compliance)] Implementation Plan [[to the
Executive and Council)] until all public data sets to be published have
been made available through
~
single web portal as required
by
this
~xPlain:
Article. The [[update]] report must [[include]]
ill
ill
ill
the specific measures taken to make
~
public data set available
~port;
on the single web portal since the previous [[update]]
any specific measure that will be taken before the next
[[update)]
nmQffi
[[an update to)) whether the list of public data sets, [[if
necessary))
outlined in the Open Data
[[Compliance)]
Implementation Plan should be updated;
(1)
[[any change to]] whether the prioritization of public data sets
in the Open Data [[Compliance]] Implementation Plan should
be
chang~
and
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BILL
No. 23-12
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ill
[[an update to]] whether the timeline outlined in the Open Data
[[Compliance]] Implementation Plan for the inclusion of
~
public data set on the single web portal, [[if necessary]] shQuld
be changed.
[[ill]]
@
If g previously unidentified public data set cannot be made
available on the single web portal on or before December 31,2018,
the [[update]] report must explain why
it
cannot and, to the extent
practicable, specify the date
~
which the agency in possession of the
public data set believes that the public data set will be available on the
single web portal.
2-1S[[§]]2:,
Public Information
Act Responses.
iru
Definitions.
In this Section, the following words and phrases have the
following meanings:
County
means Montgomery County and includes any Executive Branch
253
254
255
department or office and any Legislative Branch [[department or]]
office.
Legislative Branch office
means any office identified in Section 1A-203
256
257
Cbt the Board of Appeals, and the Merit System Protection Board.
Information request
means g request for documents submitted to the
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County under the Maryland Public Information Act.
ru
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]].:
.bx
[[and]] the
[[County's response to
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No.
23-12
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(f)
The Legislative Branch must post all data elements. as identified by the
Qpen Data Implementation Plan. on the same single web portal used by
the Executive Branch.
[[Except as provided in subsection
@1
the web portal must include:
273
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[[~]]
ill
ill
ill
ill
ill
each information request submitted to the County;
the date when the County received the information request;
the status of the information request;
if the information request was not answered within 30 days after
the County received
ih
the reason for the delay; and
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
f!
responsive document.]]
(gJ
The Chief Administrative [[Officer]] Officer's report r-¥Q;llired by
~on
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 ofthis Sectiol1
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No. 23-12
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Approved:
f/}
I
lex
Approved:
Date
288
289
Isiah Leggett, County Executive
Date
290
291
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
-13 ­
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Open
[IGovernment1]..!!D~a~ta!--
_ _ __
Revised:
12/4/2012
Draft NO.6
Introduced:
July 31. 2012
Enacted:
December 4. 2012
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N:..:.o::::,:n,;:,e'-:-_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
Bill No.
23~12
Concerning: Administration
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council members Riemer and Andrews, Council President Berliner, and Councilmembers
Leventhal, Floreen, Navarro, and Ervin
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
(6)
require the County to make certain public data sets available on a single web portal
on the internet;
require the [[Department of Technology Services]] County to develop a technical
standards manual for publishing public data sets;
require the County to develop [[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 withl1 responses to the Maryland Public Information Act;
and
generally amend County law regarding administration.
By. adding
Montgomery County Code
Chapter 2, Administration
Article XIV, Open [[Govemmentl1 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]
Do.!J.bJaunderlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
23-12
1
2
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]]
Act."
2-153. Definitions.
In this Article, the following words and phrases have the following meanings:
Agency
means any department or office[[.1 department, division, board,
3
4
5
6
7
8
9
10
committee, commission]] of the County government.
Data
means the final version of digital information:
11
12
13
14
15
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
Oi)
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
16
17
18
19
20
21
22
(b)
regularly created or maintained
Qy
or on behalf of and owned
Qy
an agency that records
f!:
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
23
24
25
government entity; or any image file, such as
f!:
design, drawing, map, photo,
or scanned
£QQY
of an original document.
[[Data
includes statistical or
26
27
factual information about the image file and geographic information system
data.]]
-2­
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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
34
ill
®
(£)
eligibility for services or benefits;
issuing
f!
permit;
registration, certification and licensing; and
liability for civil and criminal penalties.]]
@
35
36
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 MIDland Code.
37
38
39
Measurement
means to quantify any characteristic of an observable event,
occurrence, or object
Qy
comparison to
f!
reference standard.
40
41
42
43
44
Open Data Imvlementation Plan
means a plan developed by the Chief
Administrative Officer to implement this Article and as further described in
Section 2-158.
Open standard
means
f!
technical standard developed and maintained
Qy
f!
voluntary consensus standards body that is available to the public without
royalty or fee.
45
46
47
Public data set
means
[[f!
comprehensive collection of interrelated data that
is available for inspection
Qy
the public under any provision of law and is
maintained on
f!
computer system
~
g~J~
48
49
50
or on behalf of, an agency.]]
identified as eligible for publication by the Open Data Implementation Plan.
Public data set does
not include any portion of
f!
data set that is not subject
to disclosure under any Federal or State law, including the Maryland Public
Information Act.
51
52
53
Technical standard
means:
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BILL No. 23-12
54
55
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
56
57
(hl
ill
ill
ill
(±)
the definition of
~
term;
classification of
~
component;
delineation of
~
procedure;
specification
of dimension,
material,
performance,
58
59
60
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design, or operation;
ill
®
ill
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.
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Transaction
means any interaction between an agency and any person
related to the mission of an agency.
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Voluntary consensus standards body
means
organization that develops and maintains
~
~
domestic or international
~
technical standard that uses
70
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.
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ill
[[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. Every agency must make at least one public data
s~t
available to be pyblished on a
singl~
web portal within the
The
timeframe prescribed by the Open Data Implementation Plan.
Qpen Data Implementation Plan must assign and prioritize by
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subcategories the order in which public data sets should be published.
To prioritize public data sets inthe Open Data Implementation Plillh
the Chief Administrative Officer must consider whether infonnation
embodied in the public data set:
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ill
ill
can
be
used
to
Increase
agency
accountability
and
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responSIveness;
improves public knowledge of the agency and its operations;
furthers the mission of the agen£Y.;.
creates economic opportunity: or
responds to a need or demand identified by public consultation.
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ill
ill
ill
[[If an agency cannot make
f!
public data set available, the agency
must report to Executive and Council:
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ill
ill
ill
(Q)
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 by which the agency expects the public data set to be
available on the single web portal.]]
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Any published public data set that an agency makes available on the
Internet must be accessible through
to
~
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single web portal that is linked
or
any
successor
website
www.montgomerycountymd.gov
maintained
~
or on behalf of, the County.
i£)
A public data set must be made available as specified in technical
standards [[identified by Method
2.
regulation]l.:.
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@
A public data set must be published in
f!
fonnat that permits
automated processing and must make use of appropriate technology to
notify the public of all updates.
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ill
Once published. a
[[A]]
public data set must be updated as often as is
[[necessary to preserve the integrity and usefulness of the data set to
the extent that the agency regularly maintains or updates the public
data set]] reQuired by the Open Data Implementation Plan.
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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
Pill1Y
providing to the
public any public data set, or application utilizing that data set, to
explicitly identify the source and version of the public data set and
describe any modification made to that data set.
In this Section,
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registration or license requirement or restriction does not include any
measure required to:
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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.
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(hl
ill
voluntarily
disclosing information not otherwise defined as data; or
ill
making
Nothing in this Article prohibits an agency from:
voluntarily disclosed information accessible through the single web
portal.
[[After !! public data set has been available on the web portal for
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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
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154
155
156
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designee.]] The Open Data ImplementationEilln must address when
and how an agency may change or tenninate collection of data or
remove the public data set from pUhlk...access.
ill
[[The Chief Administrative Officer must assign appropriate staff to
manage the public data sets.]] The Open Da.ta.LnmJementation Plan
must address appropriate staffing to manage, the published public data.
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.
!f}
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]] IDJblikieedback mechanism to include
!!
particular public
data set when making any detennination as to priority for public data
set inclusion on the single web portal.
An
agency's consideratiQ1LQf
such a request must defer to the priority assigned to publication by the
O;pen Data Implermm1ation 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]] makes no exmess or
implied warranty as to the completeness, accuracy, content,
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merchantability. or fitness for any particular purpose or use of any
public data set made available on the web portalU,. and no warranty is
implied with respect to any public data set on the web portal]L
(Q)
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
Q.y
any
third party.
{£l
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This Article and the Open Data Implementation Plan [[does]]
dQ
not
create
~
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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
~
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single web portal
Q.y
an agency to make public data available to the
greatest number of users and for the greatest number of applications.
The manual:
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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
~
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plan to adopt or utilize
~
web application
programmmg interface that permits application programs to
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request and receive public data sets directly from the web
portaL
(Q)
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. [[Aeency]] Open Data [[Compliance]] Implementation Plan.
ill
Within
li
months after this Article takes effect, the [[Department]]
Chief Administrative Officer must [[submit]] issue. viaMethod
(2l
regulation. an Open Data
[[~
Compliance]] Implementation Plan [[to
the Executive and Council and must make the Plan available to the
public on the web portal.
Each agency must cooperate with the
Department in its preparation of the Plan]]!. The Plan must:
ill
include
~
summID description of
~
public data set under the
control of each agency on or after this Article takes effect;
ill
prioritize the public data sets for inclusion on the single web
portal on or before December
.1L.
2018, under the standards
adopted
Qy
the [[Department]] County under Section 2-157;
and
ill
(Q)
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
.1L.
2018, the Open Data Implementation Plan
must state the reason why the set cannot be made available, and, to the
extent practicable, the date
Qy
which the agency in possession of the
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public data set believes that it will be available on the single web
portal.
ill
[[To prioritize public data sets, an agency must consider whether
infonnation embodied in the public data set:
ill
ill
ill
(1)
can
be
used
to
increase
agency
accountability
and
responsIveness;
improves public knowledge of the agency and its operations;
furthers the mission of the agency;
creates economic opportunity; or
responds to
~
need or demand identified
by
public consultation.
ill
@)]
No later than July
li,.
[[2014]] 2015.1 and every July
li
thereafter, the
[[Department)] Chief Administrative Officer must submit to the
Executive and Council.,. and post on the web portal, [[an update of]]
~
wort on the Qpen Data [[Compliance)] Implementation Plan [[to the
Executive and Council)] until all public data sets to be published have
been made available through
~
single web portal as required
by
this
~xPlain:
Article. The [[update]] report must [[include]]
ill
ill
ill
the specific measures taken to make
~
public data set available
~port;
on the single web portal since the previous [[update]]
any specific measure that will be taken before the next
[[update)]
nmQffi
[[an update to)) whether the list of public data sets, [[if
necessary))
outlined in the Open Data
[[Compliance)]
Implementation Plan should be updated;
(1)
[[any change to]] whether the prioritization of public data sets
in the Open Data [[Compliance]] Implementation Plan should
be
chang~
and
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ill
[[an update to]] whether the timeline outlined in the Open Data
[[Compliance]] Implementation Plan for the inclusion of
~
public data set on the single web portal, [[if necessary]] shQuld
be changed.
[[ill]]
@
If g previously unidentified public data set cannot be made
available on the single web portal on or before December 31,2018,
the [[update]] report must explain why
it
cannot and, to the extent
practicable, specify the date
~
which the agency in possession of the
public data set believes that the public data set will be available on the
single web portal.
2-1S[[§]]2:,
Public Information
Act Responses.
iru
Definitions.
In this Section, the following words and phrases have the
following meanings:
County
means Montgomery County and includes any Executive Branch
253
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255
department or office and any Legislative Branch [[department or]]
office.
Legislative Branch office
means any office identified in Section 1A-203
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257
Cbt the Board of Appeals, and the Merit System Protection Board.
Information request
means g request for documents submitted to the
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County under the Maryland Public Information Act.
ru
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]].:
.bx
[[and]] the
[[County's response to
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(f)
The Legislative Branch must post all data elements. as identified by the
Qpen Data Implementation Plan. on the same single web portal used by
the Executive Branch.
[[Except as provided in subsection
@1
the web portal must include:
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[[~]]
ill
ill
ill
ill
ill
each information request submitted to the County;
the date when the County received the information request;
the status of the information request;
if the information request was not answered within 30 days after
the County received
ih
the reason for the delay; and
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
f!
responsive document.]]
(gJ
The Chief Administrative [[Officer]] Officer's report r-¥Q;llired by
~on
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 ofthis Sectiol1
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Approved:
f/}
I
lex
Approved:
Date
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Isiah Leggett, County Executive
Date
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291
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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