AGENDA ITEM #11

April 17,2012

Action

MEMORANDUM

April 13, 2012

TO:

FROM:

SUBJECT:

County Council

Amanda Mihill, Legislative

Attorne~~

Membership

Action:

Bill 10-12, Community Action Board

Bill 10-12, Community Action Board - Membership, sponsored by the Council President at the

request of the County Executive was introduced on March 6, 2012. A public hearing' was held on

March 27 (see testimony on ©9).

Under current law, the Board must have between 27 and 39 members. Bill 10-12 would reduce

the size of the Board to between 15 and 24 members. The Board would retain its current

structure of

113

each low income, private organization and public official members. The

Executive has requested this legislation because of the difficulty in filling low-income and

private organization vacancies. Additionally, the Executive states that a smaller Board could

allow the Board to spend more time on its core mission (see

©4).

Council staff recommendation:

enact Bill 10-12.

This packet contains:

Bill 10-12

Legislative Request Report

Memo from County Executive

Fiscal and Economic Impact Statement

Public Hearing Testimony

Betty Lam, on behalf of the Executive

Walter Woods, Community Action Board

Circle #

1

3

4

5

9

10

F:\LAW\BILLS\1210 Community Action Board-Membership\Action Memo.Doc



Bill No.

10-12

Concerning: Community Action Board ­

Membership

Introduced:

March 6,2012

Expires:

September 6, 2013

Enacted: _ _ _ _ _ _

~

_ __

Executive: _ _ _ _ _ _ _ __

Effective: _ _ _ _ _ _ _ __

Sunset Date:

....!N.!.lo:::.!..n~e

_ _ _ _ __

ChI _ _, Laws of Mont. Co. _ __

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

By: Council President at the Request ofthe County Executive

AN ACT to:

(1)

(2)

alter the size of the Community Action Board; and

generally amend County law regarding the Community Action Board

By amending

Montgomery County Code

Chapter 27, Human Rights and Civil Liberties

Section 27-41

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:



BILL

No. 10-12

1

Sec. 1.

Section 27-41 is amended as follows:

2

27-41. Creation and organization.

3

4

5

*

(c)

*

*

Board-Composition; membership.

(1) The Community Action Board consists of not more than [39]

24 nor less than [27]

12

members.

6

7

8

*

Approved:

*

*

9

10

11

Roger Berliner, President, County Council

Date

12

13

Approved:

14

15

Leggett, County Executive

Date

16

17

18

19

This is a correct copy ofCouncil action.

Linda M. Lauer, Clerk of the Council

Date

<D

F:\LAW\BILLS\1210 Community Action Board-Membership\Bill 1.Doc



LEGISLATIVE REQUEST REPORT

Bill 10-12

Community Action Board

-

Membership

DESCRIPTION:

PROBLEM:

Reduce the size of the Board but retain its current structure of 113

each low income, private organization and public official members.

It

has become increasingly difficult to fill low income and private

organization vacancies. Participation by low-income representatives

is required to avoid jeopardizing Montgomery County's Head Start

and Community Service Block Grant (CSBG) funding.

To comply with the CSBG mandate to assure participation of its low-

income representatives and to create a more efficient, balanced Board

that can meet its voting quorum and focus on its mission rather than

on continual recruitment to fill vacancies.

Office of the County Executive

To be requested.

To be requested.

To be requested.

To be researched.

Beth Gochrach, Offices of the County Executive.

To be researched.

GOALS AND

OBJECTIVES:

COORDINATION:

FISCAL IMPACT:

ECONOMIC

IMPACT:

EVALUATION:

EXPERIENCE

ELSEWHERE:

SOURCE OF

INFORMATION:

APPLICATION

WITIDN

MUNICIPALITIES:

PENAL TIES:

Not applicable.

F:\LAW\BILLS\121 0 Community Action Board-Membership\LRR.Doc



OFFICES OF THE COUNTY EXECUTIVE

Isiah Leggett

County Executive

Timothy

L.

Firestine

Chief Administrative Qfficer

MEMORANDUM

January 26,2012

TO:

FROM:

SUBJECT:

Roger Berliner, President

Montgomery County Council

~~

Isiah Leggett, County

EXecutiV~e......;·",,-",-,

Bill to Reduce Size of Community Action Board

I am submitting, for the Council's consideration, a bill that would reduce the number

of members who serve on the Community Action Board. Under current law, the Board must contain

between 27 and 39 members with one-third representation each from low-income, private

organization, and public official members. The proposed bill would retain the one-third structure,

but lower the range ofmembership to between 15 and 24 members.

This change is necessary because it has become increasingly difficult to fill vacancies

in the Board's low-income and private organization membership. Low levels ofparticipation

by

these constituencies jeopardizes Montgomery County's Head Start and Community Services Block

Grant funding and the Board's ability to act swiftly on behalf of these programs.

A smaller Board will also allow the Board to spend more time on its core mission

and less time recruiting to fill the many vacancies. The current size of the Board often makes it

difficult for the Board to meet quorum requirements which also impedes its ability to do business.

Many other community action agencies function effectively with boards ofthe size

proposed in this legislation. For example, our neighbors

in

Frederick County have a I5-member

Board, while Fairfax County has a 30-member Board.

Thank

you for your consideration of this legislation.

Attachments

c: Uma S. Ahluwalia, Director, Department of Health and Human Services

Connie Latham, Special Assistant to the County Executive

Beth Gochrach, Office of the County Executive

10] Monroe Street· Rockville, Maryland 20850

240-777-2500 • 240-777-2544 TTY' 240·777-2518 FAX

www.montgomerycountymd.gov

montgomerycountymd.gov/311



ROCKVILLE, MARYLAND

MEMORANDUM

March 20, 2012

TO:

Roger Berliner, President, County Council

FROM:

Jennifer

A.

Hughes, Director, office

Joseph F. Beach. Director, Department ofFinance

~,J

Bill 10-12 - Community Action Board - Membership

ofMBnagem~BU~

sUBmcr:

Attached please fmd the fiscal and economic impact statements for the above­

referenced legislation.

JAH:ps

c: Kathleen Boucher, Assistant Chief Administrative Officer

Lisa Austin, Offices of the County Executive

loy

Nunni. Special Assistant to the County Executive

Patrick Lacefield, Director, Public Infonnation Office

Alex Espinosa. Office ofManagement and Budget

Beryl Feinberg, Office ofManagement and Budget

Pofen Salem, Office of Management and Budget

Naeem Mia, Office ofManagement and Budget



Fiscal Impact Statement

Council Bill 10-12 - Community Action Board - Membership

1. Legislative Summary.

This legislation proposes to reduce the size of the Community Action Board by lowering

the range ofmembership to between 15 and 24 members from between 27 and 39

members. The board composition will retain its current structure of one-third

(1/3)

of

each category of: low income, private organization, and public official members.

2. An estimate of changes in County revenues and expenditures regardless of whether

the revenues or expenditures are assumed in the recommended or approved budget.

Includes source of information, assumptions, and methodologies used.

The Community Action Board does not generate

any

revenue. No change in expenditures

is anticipated as a result of

this

legislation.

3. Revenue and expenditure estimates covering at least the next 6 fiscal years.

The general

fund

expenditure allocation for the Community Action Board has been

$2,150 for each of the last ten years. It is expected that expenditures will not change for

the next

six

fiscal years. There

are

no revenues associated

with

the Community Action

Board.

4.

An

actoarial analysis through the entire amortization period for each bill that would

affect retiree pension or group insurance costs.

Not applicable. There are no personnel costs associated with this bill.

5. Later actions that may affect future revenue and expenditures

if

the bill authorizes

future spending.

Not applicable. This bill does not authorize future spending.

6. An estimate of the staff time needed to implement the bill.

Not applicable.

7. An explanation of how the addition of new staff responsibilities would affect other

duties.

Not applicable. This bill

will

not increase staff responsibilities.

8. An estimate of costs when an additional appropriation is needed.

Not applicable.

9. A description of any variable that could affect revenue and cost estimates.

Not applicable.

10. Ranges of revenue or expenditures that are uncertain or difficult to projed.

Not applicable.

1



11.

If

a bID is likely to have no fiscal impact, why that

is

the case.

Since the board does not generate any revenue and expenditures are not anticipated to

change (regardless of membership c-eunt), this legislation is unlikely to produce any fiscal

impact

12.

Other fiscal impacts or comments.

None.

13. The following contributed to and concurred with this analysis:

Patricia Stromberg, Department ofHealth and Human Service

Sharon Strauss, Department ofHealth. and Human Service

Patricia Brennan, Department ofHealth and Human Service

Pofen Salem, Office ofManagement and Budget·

Beryl Feinberg; 'Office ofManagement and Budget

Naeem Mia, Office ofManagement and Budget

2

\.



Economic Impact Statement

Council Bill 10-12, Community Action Board - Membership

Background:

Under current law, the Conununity Action Board (Board).must have between twenty­

seven

(27)

and

thirty-nine

(39)

members. This legislation would reduce that

size

to

between fifteen

(15)

and twenty-four

(24)

members. The legislation does not affect the

current structure ofthe Board: one-third

(1/3)

from low incqme, private organizations,

and public officials. The legislation addresses the difficulty in filling low-income

members and membership from private organizations. The legislation attempts to

comply with the

Co~unity

Services Block Grant (CSBG) mandate to assure

participation by low-income meQ'lbers.

1.

The sources of

informatio~

assumptions, and methodologies

used.

Not <wplicable .

2. A description ofany variable that could affect the economic impact estimates.

Not applicable

3. The Bill's positive or negative effect, if any on employment, spending, saving,

investment, incomes, and property values in the County.

This legislation would have no economic impact. .

4.

If

a Bill is likely

to

have no economic impact, why

is

that the case?

This legislation would have no economic impact, as

it

is administrative

in

nature.

It

reduces the size ofthe current Board to between 15 and

27

members to assure

participation by low-income members and members from private organizations.

5. The following contributed to and concurred

with

this analysis: David Platt and Mike

Coveyou, Finance



DEPAR1MENT OF HEALTH AND HUMAN SERVICES

Isiah Leggett

Uma S. Ahluwalia

County Executive

Director

Betty Lam,

Chief of the Office of Community Affairs

Department of Health and Human Services

Testimony in support of Bill 10-12

March 22, 2012

Good afternoon, Council President Berliner and Councilmembers. I am Betty Lam, chief of the

Department of Health and Human Services' Office of Community Affairs, which includes the

Community Action Agenc.y. I am here today on behalf of the County Executive to urge the County

Council to approve Bill 10-12 to reduce the size ofthe Community Action Board, which would

retain its federally required tripartite structure and assure equal representation among the Board's

public, private and low-income representative members. The amendment proposes to:

• Reduce the size of the board, but retain its tripartite structure of 1/3 each low income,

private organization and public official members.

• Reduce the number of unfilled low income and private organization vacancies on the board,

which has become increasingly difficult

to

fill due to changing demographics in the County,

and is essential to meet the federal CSBG requirement for Community Action Board, which

has an added requirement that its low-income representatives be democratically elected.

• Result in a more efficient balanced board that can meet its voting quorum and focus on its

mission rather than on continual recruitment to fill vacancies.

The County Executive's request supports the Board's effort to comply with its CSBG mandate to

assure participation of

its

low-income representatives, meeting federal CSBG Grant Review and

Assessment (GRA) requirements conducted by the Maryland's Department of Housing and

Community Development and meeting the federal monitoring review requirements for the

County's Head Start grant conducted by federally authorized review teams. The County Executive

believes this legislative change will help assure that all Community Action Board positions remain

full, preserving Montgomery County's Head Start and CSBG funding. while advancing the Board's

capacity to meet

its

governance responsibilities on behalf of these programs, administered by the

Department of Health

&

Human Services.

Thank you for the opportunity to speak today.

Office of Community Affairs

®

401 Hungerford Drive • Rockville, Maryland 20850 • 240-777-4513 • 240-777-1295 TIY • 240-777-1494 FAX

www.montgomerycountymd.gov/hhs

montgomerycountymd.gov/311

240-773-3556 TIY



Walter Woods

Vice-Chair, Community Action Board

.Testimony

before the County Council

March 27, 2012

G'bod afternoon, President Berliner, and members of the County Council.

On behalf of the Montgomery County Community ActionBoard (or ({CAB")] it is my

pleasure to request your support to amend Montgomery County Code Sec. 27-41 to

reduce the size of the Montgomery County Community Action Board, while retaining

its federally

requir~d

tri-partite structure to assure equal representation among the

Board's public, private and low-income representative members.

The Board initiated support for this amendment last year, following federal reviews

which expressed concern about its current size.

.

.

As you know, Montgomery County Community Action Board was originally established

June

18,1968

as the Community Action Committee, following the passage of the

historic Economic Opportunity Act of

1964',

declaring "unconditional war on poverty."

.

.

Through its enabling legislation, the Community Action Board has responsibility to

oversee Community Action Agency programs to

//encourage the use of public and

private resources to enable low-income people to become self-sufficient; to reduce

poverty in the County; to involve the low-income population in developing and carrying

out anti-poverty programs in the County; and to make government more responsive to

the needs of low-income people.

II

Maintaining membership of its tripartite board structure is necessary for the

Community Action Board to meet its federally mandated governance responsibilities

for CommuQity Action's CSBG funded and HeadStart programs, WLth parent

representatives serving on the Head Start Policy Council and the Community Action

Board.

The Board'

5

responsibilities include oversight of $5.1 million dollars of Head Start and

CSBG funding

($4,576,115

federal Head Start grant; $106,959 Maryland Head Start

grant;

$459,782

CSBG grant).

In recent years, the Community Action Board has been challenged to {(fill" all of its

positions, especially amongits low-income representative sector.

.

@