Agenda Item 8
November 13,2012
Introduction
MEMORANDUM
November 9,2012
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
~
Introduction:
Bill 32-12, Personnel- Regulations - Persons with Disabilities ­
Noncompetitive Appointment
Bill 32-12, Personnel
Regulations
Persons with Disabilities - Noncompetitive
Appointment, sponsored by Councilmembers Andrews and Rice, Council Vice-President
Navarro, Councilmembers Leventhal, Ervin, Floreen, and Eirich, Council President Berliner,
and Councilmember Riemer, is scheduled to be introduced on November 13, 2012. A public
hearing is tentatively scheduled for December
6
at 7:30 p.m.
Bill 32-12 would require the County Executive to adopt regulations permitting the
noncompetitive appointment of a qualified person with a severe developmental, physical, or
psychological disability to a County merit position. On November 6, 2012, the voters approved
an amendment to Section 401 of the County Charter to allow the County to operate a program
within the merit system to recruit and select qualified individuals with severe physical and
mental disabilities on a noncompetitive basis. This Bill would implement the Council's authority
under this new amendment to Section 401 of the County Charter.
The Bill would authorize a program that is similar to the noncompetitive appointment of
a person with a disability to a merit position in the Federal Civil Service under Schedule A. Bill
46-09, enacted on February 2, 2010, created a preference for a qualified person with a disability
who applies for a County merit position under the normal competitive process. Bill 46-09 was
enacted to help reduce the high unemployment and underemployment rate for persons with a
disability in the County. Bill 32-12 would create additional opportunities for a person with a
severe disability to secure County employment through a noncompetitive appointment.
This packet contains:
Bill 32-12
Legislative Request Report
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Bill No.
32-12 .
Concerning: Personnel - Regulations ­
Persons
with
Disabilities
Noncompetitive ApPointment
Revised: November 9, 2012 Draft
No.~
Introduced:
November 13,2012
Expires:
May 13, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
----!.:!N~on!.!.:e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Andrews and Rice, Council Vice-President Navarro, Councilmembers
Leventhal, Ervin, Floreen, and EIrich, Council President Berliner, and Councilmember Riemer
AN
ACT to:
(1)
establish a program, as authorized by the County Charter, permitting the
noncompetitive appointment of certain qualified persons with severe disabilities who
apply for a County merit position;
require the Executive to adopt regulations permitting the noncompetitive
appointment of certain qualified persons with severe disabilities who apply for a
County merit position; and
generally amend the merit system law concerning hiring persons with disabilities,
(2)
(3)
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 unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Sec. 1. Short Title.
This Act may be cited as the "Expanded Hiring of Persons with Disabilities Act."
Sec. 2. Section 33-7 is amended as follows:
33-7. County executive and merit system protection board responsibilities.
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(d)
[Hiring preference] Special hiring rules for persons with disabilities.
(1) Findings.
(A) Persons with disabilities are a largely untapped resource
for outstanding candidates for County employment.
(B) There are many County residents with severe disabilities,
including Wounded Warriors treated in the County at the
Walter Reed National Military Medical Center.
[(B)]
!1J
Persons with disabilities suffer from a high
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unemployment and underemployment rate in the County
due in part to unfounded myths, fears and stereotypes
associated with many disabilities.
[(C)] CD)
[A] Special hiring [preference] rules for persons
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with disabilities [is] are necessary to remedy past
discrimination resulting from these unfounded myths,
fears, and stereotypes and to enable the County to be
~
model employer of qualified persons with severe
disabilities.
ill)
Special hiring rules for qualified persons with severe
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disabilities would permit the County to hire highly
productive interns with severe disabilities into merit
system positions.
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Personnel-Regulations-Persons With Disabilities\BiIl4.Doc
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BILL
32-12
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(El
The Charter permits the County to operate
fI:
program
within the merit system to recruit and select Qualified
individuals with severe physical and mental disabilities
on
fI:
noncompetitive basis.
(2) The Executive must adopt by personnel regulation, under
Method
{l),
standards for establishing and maintaining [a
preference) special rules for the initial appointment of a
qualified person with a disability into a merit system position.
These standards must:
(A) define a person with a disability eligible for [the)
fI:
competitive appointment with
fI:
preference as:
(i)
a person with medical proof of a developmental
disability, a severe physical disability, or a
psychiatric disability; or
(ii) a veteran rated by the Department of Veterans
Affairs with a compensable service-connected
disability of 30 percent or more;
(B) define
fI:
person with
fI:
severe disability eligible for
noncompetitive appointment as
fI:
person with medical
proof of
fI:
severe developmental, physical, or psychiatric
disability; and
(C2
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46
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require medical certification of a qualifying disability[;):.
ill
Competitive appointment.
®
The regulation must establish and maintain
fI:
preference
for the initial appointment of
fI:
Qualified person with
fI:
disability into
fI:
merit system position under the
following order of preference;
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Personnel-Regulations-Persons With Disabilities\BiIl4.Doc
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BILL 32-12
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(i)
an employee who is unable to perfonn the
employee's job because of a disability or injury
under the ADA;
(ii)
(iii)
an employee subject to reduction-in-force;
an employee who was granted a temporary
disability
retirement
under
the
Employees
Retirement System or an initial or temporary
disability benefit of any type under the Retirement
Savings Plan or the Guaranteed Retirement Income
Plan but is no longer eligible for such a temporary
disability retirement or benefit;
(iv)
(v)
a veteran with a disability;
an equal preference for a veteran without a
disability and a non- veteran with a disability[;
and] .:.
[(D)]
ill}
The regulation must only apply the preference to a
III
person who is among the highest rating category
nonnal competitive process.
a
ill
Noncompetitive appointment.
The regulation must establish
and maintain standards for the noncompetitive appointment of
~
qualified person with
~
severe disability to
~
position in the
~
merit system. The standards must:
{A}
permit the noncompetitive appointment of
person with
position;
~
qualified
severe disability without advertising the
ill}
require medical certification of disability;
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Personnel-Regulations-Persons With Disabilities\BiII4.Doc
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BILL 32-12
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.cg
CD)
apply only to the initial appointment of!! qualified person
with
£
severe disability to
£
merit system position; and
require
the
person
to
successfully
complete
the
appropriate probationary period for the position.
*
Approved:
*
*
Roger Berliner, President, County Council
Date
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Approved:
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Personnel
-
Regulations
DESCRIPTION:
Bill 32-12
Persons with Disabilities Noncompetitive Appointment
Bill 32-12 would require the County Executive to adopt regulations
permitting the noncompetitive appointment of a qualified person with
a severe developmental, physical, or psychological disability to a
County merit position. The Bill would implement the Council's
authority under a new amendment to Section 401 of the County
Charter.
Persons with a disability suffer from a high rate of unemployment
and underemployment.
To increase opportunities for persons with a disability to secure
County employment.
Human Resources, County Attorney
To be requested.
To be requested.
To be requested.
The Bill would create a hiring program similar to the Federal
government's Schedule A program.
Robert
H.
Drummer, Senior Legislative Attorney, 240-777-7895
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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