AGENDA ITEM #5
July 31, 2012
Introduction
MEMORANDUM
July 27, 2012
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Attorney
Introduction:
Bill 23-12, Administration - Open Government
Bill 23-12, Administration
Open Government, sponsored by Councilmembers Riemer and
Andrews, Council President Berliner and Council members Leventhal and Floreen, is scheduled
to be introduced on July 31, 2012. A public hearing is tentatively scheduled for September 18 at
1:30 p.m.
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 www.montgomerycollntymd.gov or any
successor website maintained by, or on behalf of the County.
This packet contains:
Bill 23-12
Circle
#
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Bill No.
23-12
Concerning: Administration
Open
Government
Revised:
7/27/2012
Draft No.4
Introduced:
July 31.2012
Expires:
January 31,2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _:--_ _ _ _ _ __
Sunset Date: _N!..!.o=n=e:.....-_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
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 internet;
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 lmv unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 23-12
Sec.
1.
Article XIV (Sections 2-152, 2-152, 2-:-153, 2-154, 2-155, 2-156,
2
2-157, and 2-158) is added to Chapter 2 as follows:
Article
XIV.
Open Government
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 office, department, division, board, committee,
commission of the County government.
Data
means the final version of digital information:
II
4
5
6
7
8
9
10
11
12
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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
(in
in
~
unstructured, factual, or content form (Le., fact sheet,
memorandum,
press release,
compliance
guidance,
16
17
manual, or other narrative form) that can be digitally
transmitted or processed; and
(hl
18
19
20
21
regularly created or maintained
Qy
or on behalf of and owned
Qy
an agency that records
~
file, measurement, transaction, or
determination related to the mission of an agency.
Data
does not include any information provided to an agency
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another
government entity; or any image file, such as
~
22
23
design, drawing, map, photo,
or scanned
£QPY
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
~
person, including:
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25
26
27
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eligibility for services or benefits;
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BILL NO. 23-12
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29
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issuing
S!
pennit;
registration, certification and licensing; and
liability for civil and criminal penalties.
W
@
30
31
32
33
Maryland Public InfOrmation Act
or
Act
means the Maryland Public
Infonnation Act, codified at Sections 10-611 through 10-630 of the State
Government Article of the Maryland Code.
34
Measurement
means to quantify any characteristic of an observable event,
occurrence, or object
Qy
comparison to
S!
reference standard.
35
36
37
38
Open standard
means
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technical standard developed and maintained
Qy
S!
voluntary consensus standards body that is available to the public without
royalty or fee.
39
40
Public data set
means
S!
comprehensive collection of interrelated data that is
available for inspection
Qy
the public under any provision of law and is
maintained on
S!
computer system
~
41
42
or on behalf
Qf,.
an agency.
Public
data set does
not include any portion of
S!
data set that is not subject to
disclosure under any Federal or State law, including the Maryland Public
Infonnation Act.
43
44
45
46
47
Technical standard
means:
.uv.
the common and repeated use of
S!
rule, condition, guideline, or
characteristic for any product or related process and production
method, and related management systems practice; and
48
49
50
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51
52
53
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the definition of
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tenn;
classification of
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component;
delineation of
S!
procedure;
specification
of dimension,
material,
perfonnance,
design, or operation;
0-
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BILL
No. 23-12
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55
56
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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.
58
59
Transaction
means any interaction between an agency and any person
related to the mission of an agency.
60
61
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Voluntary consensus standards body
means
£!
domestic or international
organization that develops and maintains
£!
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.
63
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ill
An agency must make
£!
public data set available on
£!
single web
portal on the Internet within
1
year after this Article takes effect. If an
agency cannot make
£!
public data set available, the agency must
report to Executive and Council:
68
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73
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which public data set
i1
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.
74
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77
Any public data set that an agency makes available on the Internet
must be accessible through
£!
single web portal that is linked to
www.montgomervcountymd.gov or any successor website maintained
~
78
79
or on behalf
Q£.
the County.
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BILL
No.
23-12
80
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85
i£)
A public data set must be made available as specified in technical
standards identified
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Method.f. regulation.
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A public data set must be in
~
format that permits automated
processing and must make use of appropriate technology to notify the
public of all updates.
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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.
86
87
88
ill
A public data set must be made available without any registration or
license requirement or restriction on use. However, the Department
may require
~
89
90
91
third
Qill:!y
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, registration or license requirement or
restriction does not include any measure required to:
92
93
94
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96
ill
ill
assure access to
~
public data set;
protect the single web site housing
~
public data set from
97
unlawful abuse or an attempt to damage or impair use of the
web site; or
98
99
100
101
102
103
104
105
ill
(g)
analyze the
~
of data being used to improve service delivery.
A public data set must be accessible to external search capabilities.
Nothing in this Article prohibits an agency from:
(ill
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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
Q
106
months, an agency must not change or terminate collection of data or
o
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BILL
No. 23-12
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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.
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The Department may take reasonable measures to maintain bandwidth
availability of the web portaL
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The Department mu·st conspicuously publish the open data legal
policy in Section 2-156 on the web portal.
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.
118
119
120
@
An agency must consider any request that it receives through the on­
line forum to include
f!
particular public data set when making any
determination as to priority for public data set inclusion on the single
web portal.
121
122
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124
2-156. Open data legal policy.
125
126
127
W
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.
128
129
130
131
132
ill
The County is not liable for any deficiency in the completeness,
accuracy, content, or fitness for any particular purpose or use of any
@
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BILL
No. 23-12
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151
152
153
154
155
156
157
158
public data set, or application utilizing the data set, provided
Qy
any
third party.
i£)
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.
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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
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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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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
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applies;
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
request and receive public data sets directly from the web
portal.
(Q)
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 missions,
i£)
(j)
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BILL No. 23-12
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authorities, and priorities, participate with such bodies In the
development of technical and open standards.
2-158. Agency Compliance Plan.
W
Within
.lli
months after this Article takes effect, the Department must
submit
~
163
164
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:
165
166
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168
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 31, 2018, under the standards
adopted
by
the Department under Section 2-157; and
169
170
171
172
173
ill
(b}
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
11
2018, the Plan must state the reason why
the set cannot be made available, and, to the extent practicable, the
date
by
which the agency believes that it will be available on the
single web portal.
174
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177
178
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180
W
To prioritize public data sets, an agency must consider whether
information embodied in the public data set:
ill
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can
be
used
to
Increase
agency
accountability
and
181
182
183
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.
184
185
§
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BILL
No. 23-12
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No later than July
~
2014, and every July
12
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
~
single web portal as required
by
this Article. The update must include:
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the specific measures taken to make
~
public data set available
on the single web portal since the previous update;
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 timeline for the inclusion of
~
public data set
on the single web portal, if necessary.
ill
ill
If
~
public data set cannot be made available on the single web portal
on or before December
1L
2018, the update must explain why it
cannot and, to the extent practicable, specify the date
by
which the
agency believes that the public data set will be available on the single
web portal.
2-158. Public Information Act Responses.
ill
Definitions.
In this Section, the following words and phrases have the
following meanings:
County
means Montgomery County and includes any Executive or
207
208
Legislative Branch department or office.
Information request
means
~
request for documents submitted to the
209
210
211
County under the Maryland Public Infonnation Act.
!.hl
The Chief Administrative Officer must make available on the web
portal each infonnation request submitted to the County under the
G)
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BILL NO. 23-12
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Maryland Public Infonnation Act and the County's response to that
request.
if}
Except as provided in subsection
(Q1
the web portal must include:
ill
each infonnation request submitted to the County;
the date when the County received the infonnation request;
the status of the infonnation request;
if the infonnation request was not answered within 30 days after
the County received
ib
the reason for the delay; and
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the final response to the infonnation request.
The Chief Administrator 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 must report quarterly to the Council
on the Executive Branch's compliance with the Maryland Public
Infonnation Act.
The report must cite the statutory exception that
supports each denial or partial denial of an infonnation request.
Approved:
228
229
Roger Berliner, President, County Council
Date
230
Approved:
231
Isiah Leggett, County Executive
Date
232
233
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
®
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