AGENDA ITEM #9

September 18, 2012

Public Hearing

MEMORANDUM

September 14,2012

TO:

FROM:

SUBJECT:

County Council

Amanda Mihill, Legislative

Attorney~

Public Hearing:

Bill 23-12, Administration

Open Government

Bill 23-12, Administration - Open Government, sponsored by Councilmembers Riemer and

Andrews, Council President Berliner and Councilmembers Leventhal and Floreen, was

introduced on July 31, 2012. A Government Operations and Fiscal Policy Committee

worksession is tentatively scheduled for October 29 at 2:00 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.montgomervcountymd.gov or any

successor website maintained by, or on behalf of the County.

This packet contains:

Bill 23-12

Legislative Request Report

F:\LA W\BILLS\1223 Administration Open Government\Public Hearing.Doc

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Bill No.

23-12

Open

Draft NO.4

Revised:

7/27/2012

Introduced:

July 31,2012

Expires:

January 31,2014

Enacted: _ _ _ _ _ _ _ _ __

Executive: _ _ _ _ _ _ _ __

Effective: _ _ _ _ _ _ _ _ __

Sunset Date:

~No~n.!!:e'__

_ _ _ _ __

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

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 law unaffected by bill.

The County Council for Montgomery County, Maryland approves the following Act:



BILL

No. 23-12

1

2

3

4

Sec.

1.

Article XIV (Sections 2-152, 2-152, 2-153, 2-154, 2-155, 2-156,

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.

II

5

6

2-153. Definitions.

In this Article, the following words and phrases have the following meanings:

7

8

9

10

Agency

means any office, department, division, board, committee,

commission of the County government. .

Data

means the final version of digital information:

11

12

W

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

13

14

15

16

(ii) in

f!

unstructured, factual, or content form (Le., fact sheet,

memorandum,

press

release,

compliance

guidance,

manual, or other narrative form) that can be digitally

transmitted or processed; and

(Q)

17

18

19

regularly created or maintained

Qy

or on behalf of and owned

Qy

an agency that records

f!

file, measurement, transaction, or

20

21

determination related to the mission of an agency.

Data

does not include any information provided to an agency

Qy

another

government entity; or any image file, such as

f!

design, drawing, map, photo,

or scanned

f.QQY

of an original document.

Data

includes statistical or factual

information about the image file and geographic information system data.

22

23

24

25

26

27

Department

means the Department of Technology Services.

Determination

means any agency's final decision about

f!

person, including:

W

eligibility for services or benefits;

(i)

f:\law\bills\1223 administration - open government\bill4.doc



BILL

No. 23-12

28

29

30

31

{Q)

issuing

~

permit;

registration, certification and licensing; and

liability for civil and criminal penalties.

ill

@

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 Maryland Code.

32

33

34

35

. 36

37

38

39

40

41

42

Measurement

means to quantify any characteristic of an observable event,

occurrence, or object

Qy

comparison to

~

reference standard .

Open standard

means

~

technical standard developed and maintained

Qy

~

voluntary consensus standards body that is available to the public without

royalty or fee.

Public data set

means

~

comprehensive collection of interrelated data that is

available for inspection

Qy

the public under any provision of law and is

maintained on

~

computer system

~

or on behalf of, an agency.

Public

~

data set does

not include any portion of

data set that is not subject to

43

44

45

46

disclosure under any Federal or State law, including the Maryland Public

Information Act.

Technical standard

means:

llU

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

47

48

49

50

51

52

53

{Q)

ill

ill

ill

@

the definition of

~

term;

classification of

~

component;

delineation of

~

procedure;

specification

of dimension,

material,

performance,

design, or operation;

&

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BILL No.

23-12

54

55

ill

(Q)

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.

56

57

ill

58

59

Transaction

means any interaction between an agency and any person

related to the mission of an agency.

60

61

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.

62

63

64

65

66

67

W

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

69

70

71

72

73

74

75

ill

ill

ill

(hl

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

Qy

which the agency expects the public data set to be

available on the single web portal.

76

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.montgomerycountymd.gov or any successor website maintained

78

79

QL

or on behalf

QL.

the County.

@

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BILL No. 23-12

80

81

82

83

W

@

A public data set must be made available as specified in technical

standards identified Qy Method

~

regulation.

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.

84

85

86

87

ill

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.

88

89

ill

A public data set must be made available without any registration or

license requirement or restriction on use. However, the Department

may require

~

90

91

92

third

lli!!1Y

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:

93

94

95

96

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98

99

100

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 public data set must be accessible to external search capabilities.

Nothing in this Article prohibits an agency from:

101

102

103

104

105

106

!.hl

ill

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

months, an agency must not change or terminate collection of data or

0-

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BILL

No.

23-12

107

108

109

remove the data set from public access without the approval of the

Chief Administrative Officer or the Chief Administrative Officer's

designee.

110

111

112

113

114

115

116

117

118

119

120

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122

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124

125

126

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128

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132

ill

The Chief Administrative Officer must assign appropriate staff to

manage the public data sets.

2-155. Web portal administration.

W

(Q)

The Department may take reasonable measures to maintain bandwidth

availability of the web portal.

The Department must 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.

@

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.

2-156. Open data legal policy.

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

of any public data

made available on the web portal, and no

warranty is implied with respect to any public data set on the web

portal.

(Q)

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

133

134

135

136

public data set, or application utilizing the data set, provided

!?y

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.

137

138

139

140

ill

Within 180 days after this Article takes effect, the Department must

prepare and publish

§:

technical standards manual for the publishing of

§:

141

142

public data set in raw or unprocessed form through

§:

single web

portal

!?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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145

ill

ill

ill

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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 it applies;

may recommend or require that data be published in more than

one technical standard; and

must include

§:

146

147

148

149

150

151

152

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.

(hl

153

154

155

156

157

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£)

158

(})

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BILL

No. 23-12

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authorities, and priorities, participate with such bodies

development of technical and open standards.

2-158. Agencv Compliance Plan.

III

the

ill

Within

.lli

months after this Article takes effect, the Department must

submit

£!

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:

---===

ill

include

£!

summary 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

2018, under the standards

adopted

Qy

the Department under Section 2-157; and

ill

[Q}

create

£!

time line 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 31, 2018, the Plan must state the reason why

the

cannot be made available, and, to the extent practicable, the

date

Qy

which the agency believes that it will be available on the

single web portal.

W

To prioritize public data sets, an agency must consider whether

information embodied in the public data

ill

can

be

used

to

Increase

agency

accountability

and

responsIveness;

ill

ill

ill

ill

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

Qy

public consultation.

@

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BILL

No. 23-12

186

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195

@

No later than July

Ji"

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

f!

single web portal as required

Qy

this Article. The update must include:

ill

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the specific measures taken to make

f!

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

f!

public data set

on the single web portal, if necessary.

196

197

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201

202

203

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206

207

208

209

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211

If

f!

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

Qy

which the

agency believes that the public data set will be available on the single

web portal.

2-158. Public Information Act Responses.

W

Definitions.

In this Section, the following words and phrases have the

following meanings:

County

means Montgomery County and includes any Executive or

Legislative Branch department or office.

Information request

means

f!

request for documents submitted to the

County under the Maryland Public Information Act.

.

(hl

The Chief Administrative Officer must make available on the web

portal each information request submitted to the County under the

®

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BILL No. 23-12

212

Maryland Public Infonnation Act and the County's response to that

request.

!£)

213

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219

Except as provided in subsection

(Q1

the web portal must include:

ill

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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

ih

the reason for the delay; and

the final response to the infonnation request.

220

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222

The Chief Administrator must not include on the web portal any

electronic mail address, home address, or telephone number of any

individual who submitted

f!:

responsive document.

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227

ill

The Chief Administrative Officer must report quarterly to the Council

on the Executive Branch's compliance with the MIDland 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

231

Approved:

Isiah Leggett, County Executive

Date

232

This is a correct copy o/Council action.

233

Linda M. Lauer, Clerk ofthe Council

Date

@

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LEGISLATIVE REQUEST REPORT

Bill 23-12

Administration

DESCRIPTION:

Open Government

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

wV\lw.montgomerycOlmtvmd.gov or any successor website

maintained by, or on behalf of the County.

The amount of government data that is on the web is limited.

To make more public documents easily accessible.

Technology Services

To be requested.

To be requested.

To be requested.

To be researched.

Amanda Mihill, 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:

nla

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