Clerk's Note:
On
page
3,
line 50, omitted language
is
shown
in
brackets.
CORRECTED BILL
Bill No.
32-12
Concerning: Personnel - Regulations ­
Persons
with
Disabilities
Noncompetitive Appointment
Revised: January 17, 2013 Draft NO._6_
Introduced:
November 13, 2012
Enacted:
February 5, 2013
Executive:
February 12, 2013
Effective:
May 14, 2013
Sunset Date: -:...;:.No=n=e'--_ _ _ _ __
Ch.
_1_,
Laws of Mont. Co.
2013
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Andrews, Council Vice-President Rice, Council President Navarro,
Councilmembers Leventhal, Ervin, Floreen, EIrich, Berliner, and 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:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 32-12
Sec.
1.
Short Title.
2
3
4
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.
5
*
disabilities.
(1)
*
*
6
(d)
[Hiring preference] [[Special hiring rules for]] Hiring persons with
7
8
9
10
11
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.
12
13
14
15
16
[(B)] (g
Persons with disabilities suffer from a high
unemployment and underemployment rate in the County
due in part to unfounded myths, fears and stereotypes
associated with many disabilities.
[(C)] (D)
[A]
[[Special hiring]] [preference] Hiring rules for
17
18
19
persons 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)
20
21
22
23
24
25
26
Special hiring rules for qualified persons with severe
disabilities would permit the County to hire highly
productive interns with severe disabilities into merit
system positions.
27
-2­
 PDF to HTML - Convert PDF files to HTML files
CORRECTED PAGE
BILL
No. 32-12
28
29
®
The Charter permits the County to operate
f!
program
within the merit system to recruit and select qualified
individuals with severe physical and mental disabilities
on
f!
noncompetitive basis.
30
31
32
33
34
35
(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]
f!
competitive appointment with!! 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!! person with !! severe disability eligible for
noncompetitive appointment as !! person with medical
proof of !! severe developmental, physical, or psychiatric
disability; and
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
.cg
ill
require medical certification of a qualifying disability
[(C) establish the following order of precedence;]:.
Competitive appointment.
fA)
The regulation must establish and maintain
f!
preference
for the initial appointment of !! qualified person with !!
disability into !! merit system position under the
following order of preference:
- 3­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 32-12
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
(i)
an employee who is unable to perform 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
person who is among the highest rating category in a
normal competitive process.
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:
CA)
permit the noncompetitive appointment of
person with
position;
ill)
require [[medical)] certification of a severe disability
based upon medical evidence;
~
~
qualified
severe disability without advertising the
-4­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 32-12
82
83
84
85
{Q
apply only to the initial appointment of
£!
qualified person
with
£!
severe disability to
£!
merit system position; and
.em
require
the
person to
successfully
complete
the
appropriate probationary period for the position.
86
87
Approved:
*
*
*
8
Nani~~±counCil
89
Approved:
Date
90
91
This is a correct copy ofCouncil action.
92
Linda M. Lauer, Clerk ofthe Council
Date
-5­