AGENDA ITEM #18

November 13,2012

Public Hearing

MEMORANDUM

November 9,2012

TO:

FROM:

SUBJECT:

County Council

n

Amanda Mihill, Legislative

Attorne~~

~"

Public Hearing:

Bill 28-12, Personnel

Amendments

Merit System Review Commission -

Bill 28-12, Personnel - Merit System Review Commission - Amendments, sponsored by the

Government Operations and Fiscal Policy Committee was introduced on October 16, 2012. A

Government Operations and Fiscal Policy Committee worksession is tentatively scheduled for

November 19 at 2:00 p.m.

Bill 28-12 would eliminate the requirement that the Council appoint the Merit System Review

Commission every 4 years. The Council would retain the authority to appoint the Committee as

necessary. The first Committee was appointed in 1980 and issued a report in 1981. Every 4

years since 1981, the Council has detennined that it was not necessary to appoint the Committee.

The requirement for a Committee predates collective bargaining and the Management

Leadership Service.

This packet contains:

Bill 28-12

Legislative Request Report

F.\LAW\B ILLS\ 1228 MS PB • Merit System Review Commission\Public Hearing Memo. Doe

Circle #

1

4



Bill No.

28-12

Concerning: Personnel - Merit System

Review Commission - Amendments

Draft No. _1_

Revised:

9/13/2012

Introduced:

October 16. 2012

Expires:

April 16, 2014

Enacted: _ _ _ _ _ _ _ _ __

Executive: _ _ _ _ _ _ _ __

Effective: _ _ _ _ _ _ _ _ __

Sunset Date: _ _ _ _ _ _ _ __

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

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

By: Government Operations and Fiscal Policy Committee

AN

ACT to:

(1) eliminate the requirement that the Council appoint the Merit System Review

Commission every 4 years; and

(2) generally amend the personnel law.

By amending

Montgomery County Code

Chapter 33, Personnel and Human Resources

Section 33-5

Boldface

Underlining

[Single boldface brackets]

.QQu~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. 28-12

1

Sec.

1.

Section 33-5 is amended as follows:

33-5. Statement of legislative intent; merit system principles; statement of

purpose; merit system review commission; applicability of article.

2

3

4

5

6

*

(

d)

*

*

Merit system review commission.

ill

In addition to the [county council's] County Council's legislative

responsibilities [authorized] under [sections] Sections 101 and

401 of the [county charter] County Charter, the Council, as

necessary, may appoint [there shall be convened no later than

July 1, 1980, and, if determined necessary in each instance by

county' council resolution, subsequently at intervals of four (4)

years,] a [merit system review commission, the functions of

which are to] Merit System Review Commission

Qy

resolution.

7

8

9

10

11

12

13

14

15

(ii) The Commission's duties are to:

(A) strengthen the system of checks and balances among those

officials and agencies of county government having merit

system responsibilities; and [to]

16

17

18

19

ill2

examine and recommend legislative or administrative

revision to the merit system in keeping with the intent of

the [county charter] Charter and this [article] Article and

with

new

developments

m.

the

20

21

field

of public

22

23

administration and personnel management.

(iii)

The [commission shall be an eleven-member body composed ot]

24

Commission has

11

members who are appropriately qualified

[county citizens] County residents [and established by a

resolution of the cmmty council]. The [county executive shall]

Executive must appoint [five (5) of the]

.5.

members [of this

25

26

27

0:\,awlbillS\1228

mspb • merit system review commission\bill1.doc



BILL

No. 28-12

28

29

commission and the county council shall] and the Council must

appoint the remaining members.

(iv)

Each [commission shall tenninate] Commission tenninates after

it [renders to the county council] submits its final report to the

Council.

30

31

32

33

*

Approved:

*

34

35

Roger Berliner, President, County Council

Date

36

Approved:

37

Isiah Leggett, County Executive

Date

38

This is a correct copy ofCouncil action.

39

Linda M. Lauer, Clerk ofthe Council

Date

6)

f:\law\bills\1228 mspb - merit system review commission\bill1.doc



LEGISLATIVE REQUEST REPORT

Bill 28-12

Merit System Review Commission

Personnel

DESCRIPTION:

PROBLEM:

Amendments

Bill 28-12 would eliminate the requirement that the Council appoint

the Merit System Review Commission every 4 years

The first Committee was appointed in 1980 and issued a report in

1981. Every 4 years since 1981, the Council has determined that it

was not necessary to appoint the Committee. The requirement for a

Committee predates collective bargaining and the Management

Leadership Service.

To eliminate the requirement that the Council appoint the Committee

every 4 years.

County Council; Merit System Protection Board

To be requested.

To be requested.

To be requested.

To be researched.

Amanda Mihill, Legislative Attorney, 240-777-7815

To be researched.

GOALS AND

OBJECTIVES:

COORDINATION:

FISCAL IMPACT:

ECONOMIC

IMPACT:

EVALUATION:

EXPERIENCE

ELSEWHERE:

SOURCE OF

INFORMATION:

APPLICATION

WITHIN

MUNICIPALITIES:

PENALTIES:

NI

A

F:\LAW\BILLS\1228 MSPB - Merit System Review Commission\Legisiative Request Report.Doc