AGENDA ITEM 6A
Aprill,2014
Action
MEMORANDUM
TO:
FROM:
County Council
Josh Hamlin, Legislative Attome
Linda McMillan, Senior
~
JJ""MI
~./
Legislati~n~lyst6tVprr
..
SUBJECT:
Action:
Bill 34-l3, Interagency Commission on Homelessness - Established
Health and Human Services/Planning, Housing and Economic Development Committee
recommendation
(5-0):
enact the Bill with amendments.
Bill 34-13, Interagency Commission on Homelessness - Established, sponsored by
Council Vice-President Leventhal and Council President Rice, was introduced on December 10,
2013.
A public hearing was held on January 28 and a joint Health and Human
Services/Planning, Housing and Economic Development Committee worksession was held on
March 20.
Bill 34-13 would establish an Interagency Commission on Homelessness and establish the
membership and duties of the Commission.
HHSIPHED Committee Worksession
Uma Ahluwalia Director, Department of Health and Human Services, Nadim Khan,
Department of Health and Human Services, Rick Nelson, Director, Department of Housing and
Community Affairs, and Bonnie Kirkland, Office of the County Executive, represented the
Executive Branch.
Council President Rice and Councilmember Navarro both stressed the
importance of a regional approach in dealing with the issue of homelessness. The Committee
approved (5-0) amendments that would:
(1)
add a new section clearly stating the Council's intention that the Commission
function as the governing board ofthe Montgomery County Continuum of Care;
(2) define the terms "100,000 Homes Campaign," "Continuum of Care," and "Housing
First Initiative" as used in the Bill;
(3) replace the Director of the Family Justice Center as a Commission member with the
Sheriff or representative of the Sheriff;
(4) designate the member representative of the "Department of Veterans Affairs" as a
representative of either the U.S. Department of Veterans Affairs or the Maryland
Department of Veterans Affairs;
(5) clearly state that the three-year term and staggered term provisions of the Bill do
not apply to ex officio members;
(6) remove the requirement that subcommittee chairs be Commission members; and
(7)
add "emergency shelter" to the programs that the Commission must review and
monitor.
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The Committee recommended (5-0) enactment ofthe Bill with these amendments.
Background - Continuum of Care
The U.S. Department of Housing and Urban Development (HUD) encourages
communities to address the problems of housing and homelessness in a coordinated,
comprehensive, and strategic fashion. "Continuum of Care" (CoC) is the embodiment of this
concept and process, and is designed to help communities develop the capacity to envision,
organize, and plan comprehensive and long-term solutions to addressing the problem of
homelessness. Montgomery County Continuum of Care (County CoC) is a public-private
partnership including the County and other government agencies, non-profit service providers,
landlords, and others who have a role in the County's housing market. The lead agency of CoC
is the County Department of Health and Human Services (DHHS), which manages the homeless
intake and assessment process, and the County-wide Homeless Management Information System
(HMIS). A powerpoint presentation describing the County CoC is at ©12-27.
HUD regulations
I
provide for the establishment and operation of each CoC, including the
requirement that each CoC establish a board to act on its behalf? The membership of the CoC
Board must be representative of the relevant organizations and of projects serving homeless
subpopulations, and include at least one homeless or formerly homeless individual.
3
Each CoC
has until August 30, 2014 to comply with this requirement.
4
Further, HUD regulations require
that each CoC adopt and follow a written board selection process that ensures that the CoC
Board is appropriately representative of the CoC, and that this process must be reviewed,
updated, and approved by the CoC at least once every 5 years.
5
A HUD presentation on
establishing and operating a CoC is at ©28-46. Bill 34-13 is drafted so that it may serve as the
HUD-required selection process, and that the Interagency Commission on Homelessness (the
Commission) may serve as the County CoC Board. The County CoC, in its December 17, 2013
meeting, voted to have the Commission serve in this capacity.
Issues
Statement of the Council's Intent
At the public hearing, Director of Health and Human Services Uma S. Ahluwalia
conveyed the Executive's view that the Bill should include language specifying that it is the
Council's intention that the Commission function as the CoC Board, and that the Commission
will comply with all federal rules regarding the CoC (see testimony, ©47). While under HUD
regulations it is ultimately up to the County CoC to decide whether the Commission functions as
its Board, Council staff agrees that the addition of such language to the Bill would be helpful in
clarifying the role of the Commission. Further, adding a statement indicating the Council's
intent that the Commission comply with applicable federal regulations when acting as the CoC
Board would help ensure eligibility for federal CoC funding. Council staff recommends adding
124
CFR 578
2
24
CFR 578.5(b)
3
Id.
424 CFR 578.5(c)
524
CFR 578.7(a)(3)
2
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a new section stating legislative findings and policy concerning the intended dual role of the
Commission.
Designation of County Sheriff as a Member
The Montgomery County Sheriff requested that the designation of the Director of the
Family Justice Center as an ex officio member be stricken and replaced with the County Sheriff,
or the representative of the Sheriff. First, there is not a position with the specific title "Director
of the Family Justice Center." The position that has this function is an executive staff position in
the Sheriff's Office, so it would be possible for the Sheriff to designate the director of the Family
Justice Center as his representative if appropriate. Also, the Sheriff believes that the experience
and perspective of the Sheriff's Office in responding to landlord-tenant and foreclosure related
eviction issues would be of particular utility to the Commission in understanding the problems
and causes of homelessness. Council staff agrees that substituting the Sheriff for the Director of
the Family Justice Center in the Commission membership would be beneficial to the operation of
the Commission, and recommends making the requested amendment.
Commission Membership Requirement for Subcommittee Chairs
Fred Swan, Director of Resident Services of the Housing Opportunities Commission,
shared his comments on the Bill. Among his comments, Mr. Swan expressed concern that the
existing demands on the time of the members of the Interagency Commission on Homelessness
would make it difficult for them to take on additional responsibilities as subcommittee chairs.
Council staff believes that Mr. Swan's recommendation that subcommittee chairs
not
be required
to be members of the Commission would improve the operation of the Commission, and
recommends amending the Bill accordingly.
County Attorney's Comments
The County Attorney provided an analysis of the Bill to DHHS, which raised a number of
issues with the Bill, most of which are technical. (See ©48-55). A staff amendment addressing
several of the issues raised by the County Attorney, as well as incorporating the other changes
recommended by Council staffwas considered by the Committee
Committee recommendation (5-0):
Amend the Bill as reflected in the staff amendment, with
the additional provision that the member representative of the "Department of Veterans Affairs"
be a representative of either the U.S. Department of Veterans Affairs or the Maryland
Department of Veterans Affairs
This packet contains:
Bill 34-13
Circle
#
1
Legislative Request Report
Fiscal and Economic Impact Statement
County CoC Powerpoint Presentation
HUD Presentation
Hearing Testimony
County Attorney Memo
F:\LAW\BILLS\1334 Interagency Commission On Homelessness\Action Memo,Doc
8
9
12
28
47
48
3
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Bill No.
34-13
Concerning: Interagency Commission on
Homelessness - Established
Revised:
3/24/2013
Draft No.
~
Introduced:
December 10,2013
Expires:
June 10, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _ _ _ _ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council Vice-President Leventhal and Council President Rice
AN
ACT to:
(I)
(2)
(3)
establish an Interagency Commission on Homelessness;
establish the membership and duties of the Commission; and
generally amend the law relating to health and sanitation.
By adding
Montgomery County Code
Chapter 24, Health and Sanitation
Article IX. Interagency Commission on Homelessness
Sections 24-62, 24-63,24-64,24-65,24-66,24-67,24-68, [[and]] 24-69. and 24-70
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
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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BILL
No.
34-13
1
2
Sec. 1. Article
IX
(Sections 24-62, 24-63, 24-64, 24-65, 24-66, 24-67, 24-68,
[[
and]]
24-69. and 24-70) is added as follows:
Article IX. Interagency Commission
Q!!
Homelessness
3
4
5
24-62. Legislative findings and statement of policy.
W
The County Council finds that reducing homelessness reqmres
substantial coordination and cooperation among federal, state. and local
governments. as well as private sector service providers and community
6
7
8
9
10
au
Montgomery County Continuum of Care is a group of governmental
entities
and
community
representatives
that
carries
out
the
11
12
responsibilities of the Continuum of Care program established pursuant
to the federal Homeless Emergency Assistance and Rapid Transition to
Housing Act of 2009 (the HEARTH Act).
13
14
15
16
17
18
19
W
The County Council intends that the Interagency Commission on
Homelessness established under this Article be constituted and function
in such a manner that it may serve as the governing board of
Montgomery County Continuum of· Care. and in serving this function
comply with applicable federal regulations governing the Continuum of
20
21
22
24-63. Definitions.
[(fu]]When used in this
Article[[.1]]~
100,000 Homes Campaign
means an initiative in special needs housing that
23
24
25
26
gives priority to placing the most vulnerable. chronically homeless people in
permanent supportive housing through a Housing First model;
Commission
means the Interagency Commission on
Homelessness~
Continuum ofCare
means a community program. established under the
27
HEARTH Act, to organize and deliver housing and services to meet the
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BILL
No. 34-13
28
specific needs of people who are homeless as they move to stable housing and
maximum self-sufficiency; and
Housing First Initiative
means a process for placing homeless people into
29
30
31
housing that discourages imposing conditions on placement related to health,
employment
t
or sobriety, and seeks to reduce the time in shelter or transitional
programs and provide the needed supports to people in a permanent home.
32
33
34
35
36
37
[[24-63.]]24-64. Established.
The Executive must appoint, subject to confirmation
Qy
the Council, an
Interagency Commission on Homelessness.
[[24-64.]]24-65. Members
(ill
The Commission has 25 members.
The Executive must appoint the following to serve as ex-officio
members:
38
39
40
41
®
42
43
44
45
ill
ill
ill
Director of the Department of Health and Human Services;
Chief of Special Needs Housing of the Department of Health and
Human Services;
Chief of Behavioral Health and Crisis Services of the Department
of Health and Human Services;
46
47
ill
ill
®
ill
Director of the Department of Correction and Rehabilitation;
Director of the Department of Housing and Community Affairs;
Assistant Chief for Field Services of the Montgomery County
Police Department;
A representative from the Office of the County Executive[[; and
The Director of the Family Justice
Center]]~
48
49
50
51
52
53
54
tID
{£}
The Executive must invite the following to serve as ex officio members:
ill
A member of the County Council, selected
Qy
the Council
President;
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BILL
No. 34-13
55
56
57
58
ill
ill
ill
ill
(Q)
Executive Director of the Housing Opportunities Commission;
Director of Student Services of the Montgomery County Public
Schools;
The Mayor or the representative of the Mayor of the City of
Gaithersburg;
The Mayor or the representative of the Mayor of the City of
Rockville;
The Mayor or the representative of the Mayor of the City of
Takoma Park;
59
60
61
62
63
64
ill
A representative of the either the United States Department of
Veterans Affairs or the Maryland Department of Veterans
Affairs; [[and]]
65
66
67
rn
(2)
The MontgQmery County Sheriff or the representative of the
County Sheriff; and
A member of the County Legislative Delegation selected jointly
Qy
the Chairs of the House and Senate Delegations.
68
69
70
71
@
The Executive must appoint
.5.
members that are representatives of the
Montgomery County Continuum of Care.
The Executive must appoint
1:
members of the public. At least
1
public
member must be
~
72
73
W
74
75
76
77
homeless or formerly homeless resident of
Montgomery County and at least
1
member must be
~
representative of
~
hospital located in Montgomery County.
ill
The term of each non-ex officio member is
appointed to fill
~
J
years. If
~
member is
78
79
vacancy before
~
term expires, the successor serves
the rest of the unexpired term.
[[24-65.]]24-66.
80
81
Voting,
officers,
chairs,
meetings,
compensation;
subcommittees.
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BILL
No. 34-13
82
83
ill)
Each member of the
[[Group]]
Commission is
~
voting member.
The Executive must designate
~
Chair and Vice Chair.
The Commission must meet at least
~
times each year.
A member serves without compensation. However,
~
(hl
84
85
86
!£)
@
member may
request reimbursement for mileage and dependent care costs at rates
established
Qy
the County.
87
88
89
ill
The Commission may establish
1
or more subcommittees to assist in
carrying out any function of the Commission. Any subcommittee action
is not the action of the Commission and must not bind the Commission
or its members. A subcommittee may include
member of the Commission.
~
90
91
92
person who is not
~
[[However, the chair of each
93
subcommittee must be
~
member ofthe Commission.]]
([24-66.]]24-67. Duties.
The Commission must:
ill)
94
95
96
97
98
99
promote
~
community-wide goal to end homelessness;
develop
~
(hl
strategic plan to prevent and reduce homelessness and
minimize the trauma and dislocation caused to homeless families and
individuals;
100
!£)
and monitor any program that is
~
component of the Continuum
of Care, 100,000 Homes Campaign, and Housing First Initiative,
including:
101
102
103
104
105
106
107
108
ill
ill
ill
ill
ill
(Q)
permanent housing;
transitional housing;
supportive services;
homeless management information system;
((and]]
homelessness prevention; and
emergency shelter:
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BILL No. 34-13
109
110
111
112
113
114
115
@
recommend to the Executive and Council any improvements to the
Continuum of Care, including process changes, to reduce any barrier to
housing and minimize the time needed to move someone from
homelessness to housing;
~
educate the community about homelessness, best practices to reduce
homelessness, resources needed to reduce homelessness, and long term
savings that are achieved
Qy
providing permanent, stable housing; and
116
117
118
119
120
(f)
recommend and promote partnerships with any private organization,
business, corporation, philanthropic organization or foundation, and any
municipal, state, or federal government agency to improve the County's
ability to prevent and reduce homelessness.
[[24-67.]]24-68. Annual report
121
122
123
124
125
126
127
128
129
130
131
132
133
134
By November 30 of each year, the Commission must submit to the Executive
and Council
f!:
report that:
.cru
provides data and trends regarding homelessness, including data from
the Council of Government's Point-in-Time survey and the 100,000
Homes Campaign survey;
®
identifies
gf!:P§
in the Continuum of Care that prevent or impede the
County's ability to address needs identified through the review of data
on homeless;
ill
@
makes recommendations for the capital and operating budget for the
following fiscal year;
makes recommendation for any legislative or regulatory changes needed
to implement the Continuum of Care strategic plan; and
~
reports on any educational or public outreach activities undertaken
during the preceding year.
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BILL
No.
34-13
135
136
137
138
139
140
141
142
143
144
145
[[24-68.]]24-69. Advocacy.
The Commission must not engage in any legislative advocacy at the state or
federal levels unless that activity is approved
Qy
the Office of Intergovernmental
Relations.
[[24-69.]]24-70. Staff.
The Chief Administrative Officer must provide appropriate staff within the
Department of Health and Human Services to staff the Commission.
Sec. 2. Terms for Initial Members.
The County Executive must stagger the terms of the non-ex officio members
initially appointed under Section 24-64 so that approximately one-third of the terms
of these members expire each year.
Approved:
146
147
Craig
L.
Rice, President, County Council
Date
148
Approved:
149
Isiah Leggett, County Executive
Date
150
151
This is a correct copy o/Council action.
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 34-13
Interagency Commission on Homelessness
DESCRIPTION:
PROBLEM:
Bill 34-13 would
Homelessness
create
an
Interagency
Commission
on
Homelessness continues in Montgomery County as
it
does in other
jurisdictions. The 2013 COG Point-in-Time survey counted 1,004
homeless people including 638 homeless individuals and 366 people
in families.
In
November, during the 100,000 Homes Campaign
Registry week 431 homeless individuals were contacted and 369
completed surveys providing information about the risk factors,
including health, that have led to their homelessness.
Improve planning and collaboration to prevent and reduce
homelessness by establishing an ongoing Commission of policy
makers, service partners, and public members. The Commission will
help inform the public about the problem of homelessness and the
outcomes from helping individuals and families to have permanent
housing. The Commission will review programs and best practices
and make recommendations to the County Executive and County
Council.
Health and Human Services
To be requested.
To be requested.
Subject to the general oversight of the County Executive and County
Council.
To be researched.
Linda McMillan, Senior Legislative Attorney 240-777-7933
Amanda Mihill, Legislative Attorney 240-777-7815
NI
A
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
NIA
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ROCKVILLE, MARYLAND
MEMORANDUM
January 13,2014
TO:
FROM:
Craig Rice, President, County Council
Jennifer A. Hughes, Director, Office ofManam Budge
and
Joseph F. Beach, Director, Department of Fin_
SUBJECT:
Council Bill 34-13, Interagency Commission on Homelessness - Established
r
\hl­
'(J -­
Please find attached the fiscal and economic impact statements for the above­
referenced executive regulation.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Michael Coveyou, Department of Finance
Kevin Myers, Department of Finance
Uma Ahluwalia, Director, Department of Health and Human Services
Alex Espinosa, Office of Management and Budget
Pofen Salem, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
Naeem Mia, Office of Management and Budget
(j)
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Fiscal Impact Statement
Council Bill 34-13 & Interagency Commission on Homelessness - Established
1. Legislative Summary (Enter narrative that explains the purpose ofthe legislation).
a.
Establish an Interagency Commission on Homelessness;
b. Establish the membership and duties ofthe CommisSion; and
c. Generally amend the law relating to health and sanitation.
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 proposed bill requires that the Executive appoints 25 members subject to
confirmation by the Council. Ofthe 25, 16 would be governmental representatives
Vocal, state, and federal), five would be representatives from the Montgomery County
Continuum of Care, and four would be members ofthe public.
The duties assigned to the Commission
in
Section 24-66 will require substantive support
and program knowledge by a staff person that can function effectively and assist
in
the
monitoring ofprograms
in
the Montgomery County Continuum of Care, 100,000 Homes
Campaign, and the Housing First Initiative.
The appropriate position will be discussed and identified during the FY15 budget review
process.
Description
Travel Reimbursement
Dependent Care Expenses
Program Manager II
Laptop
Furniture
Desk Phone
• Blackberry
Office Supplies
Total
One-Time- Only
Ongoing
1,000
$
3,000
$
91857
$
Assumption
4 meetings x $10
=
$40 x 25 members
4 meetings x $30 = $120 x 25 members
Grade 25, 1.0FTE
Infrastructure cost
Infrastructure cost
On-goinQ based on $35 per month
On-going based on $100 per month
Total $105,077 first year
$
$
$
$
1900
4,200
400
100
i
$
$
$
$
6,600
$
420
1,200
1,000
98,477
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
Fiscal Year
Total
Expenditure
One
$105077
Two
$98,477
Three
$98,477
Four
$98,477
Five
$98,477
Six
Total
$597,462
$98,477
4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
Not applicable.
5. Later actions that may affect future revenue and expenditures
if
the bill authorizes future
spending.
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Economic Impact Statement
Bill 34-13, Interagency Commission on Homelessness - Established
Background:
This legislation would establish an Interagency Commission on Homelessness
(Commission) and describe the membership and duties of the Commission.
1. The sources of information, assumptions, and methodologies used.
Not applicable
2. A description of any 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.
The Bill has no direct effect on the Countis economy. However, some of the duties
of the Commission must:
• Promote a community-wide goal to end homelessness,
• Develop a strategic plan to prevent and reduce homelessness and minimize the
trauma and dislocation cause to homeless families and individuals, and
• Reviews and monitor any program that is a component ofthe Continuum of
Care, 100,000 Homes Campaign, and Housing First Initiative.
Therefore the duties undertaken by the Commission should have a positive economic
effect on those County residents who are homeless and specifically those that move
those residents from a homeless environment to permanent or transitional housing.
Such a program should create a demand for low-income housing.
4.
If
a Bill is likely to have no economic impact, why is that the case?
As stated in paragraph 3, the duties of the Commission should have a positive
economic impact on the homeless residents in the County.
5. The following contributed to and concurred with this analysis; David Platt and
Rob Hagedoom, Finance;
~,~ror
Ik:=--::=
Department of Finance
Page
1
ofl
Date
I
I
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• US Department of Housing and Urban Development (HUD) has been encouraging
communities to address the problems of housing and homelessness in a coordinated,
comprehensive and strategic fashion
• Montgomery CoC annually receives approximately $7.5 million in HUD funding
• The purpose of the CoC is to encourage and support local organizations in
coordinating their efforts to address housing and homeless issues and reduce
homelessness
• As the lead agency, the Montgomery County Department of Health and Human
Services (DHHS) manages the homeless intake and assessment process, and the
County-wide Homeless Management Information System (HMIS)
2
@
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• Continuum of Care services includes housing programs and services to people who
are homeless, including outreach services, emergency shelter services, and
transitional and permanent supportive housing programs
• The CoC also includes a range of homelessness prevention initiatives including
emergency financial assistance, case management, shallow rent subsidies and
energy assistance designed to prevent the loss of permanent housing
• Case management is provided at all levels with an emphasis on achieving housing
stability and linking persons to housing, employment, disability entitlements and
other services
• The County continues to emphasize the creation of more permanent housing options
while keeping the people experiencing homelessness safe during the winter season
3
®
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us
Department of
Housing and Urban
Development
Maryland Dept. of
Human Resources
Maryland Dept. of
Health and Mental
MC
General
Fund
MC Dept. of Housing
and Community
Affairs
IT Systems
Development and
Maintenance
MC Department
of
Health and
Human Services
Bowman Systems
(HMIS)
Continuum of care
(COC) leadership /
Governing Board
CoC Sub-Commlttees
oStrategic Planning
-Single Adult Teaming
oFamily Providers
°Housing Providers
oAllocation/Prioritization
-Performance Review
Initiatives
-Housing
Initiative
Program
-Housing First
Model
-100K Homes
Campaign
oHomeless
Resource Day
Partners - Shelters
-Catholic Charities
-Community Ministries of
Rockville
-The Dwelling Place
-City of Gaithersburg
Wells Robertson House
-Interfaith Works
-MC Coalition for the
Homeless
oMt Calvary Baptist
Church
-National Center for
Children and Families
-Rockville Presbyterian
Church
°Stepping Stones Shelter
Partners ­
Transportation
-Barwood Taxi
-Regency Taxi
I-
-
Housing
Opportunities
CommiSSion
Regional
Services
Centers
City of
Gaithersburg
Sheriff's
Department
Partners - Providers
'Bethesda Cares
-Family Services Agency
·Jewish Federation of Greater
Washington
-lutheran Services
-Mental Health Association
-Mid-County United Ministries
-Ministries United of Silver Spring
Takoma Park, Inc.
opeople Encouraging People
oShepherds Table
~St.
Camillus Church
and many more ...
Neighborhood
Opportunity
Network
(Public-Private)
Partners ­
Hotels/Motels
-Holiday Inn
-Comfort Inn
oBethesda Hospitality
/ American Inn
-
-
4
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• Hold meeting of full membership with
agendas at least semi-annually
• Make an invitation for new members to join
publically available at least annually
• Adopt and follow a written process to select
a board to act on behalf of the CoC
• Appoint additional committees,
subcommittees or workgroups
• In consultation with the CoC Collaborative
Applicant and HMIS Lead develop, follow
and update a governance charter annually
• Establish performance targets
appropriate to population and program
type
• Monitor performance, evaluate outcomes
and take action against poor performers
• Evaluate outcomes of Emergency
Solutions Grant (ESG) and CoC program
projects
• Establish either a coordinated
assessment or centralized intake system
5
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• Establish written standards with CoC
program and ESG recipients
• Designate and operate a single
Homeless Management Information
System (HMIS)
• Coordinate and implement a housing
and service system which includes
outreach, assessment, prevention
strategies
• Coordinate the Point-in-Time count
and annual gap analysis
• Provide information to complete the
Consolidated Plan and consult with
ESG program to report and evaluate
ESG recipients and sub recipients
• Convene regular monthly meeting of
sUb-committees and workgroups
6
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Established. The Executive must appoint, subject to confirmation by the Council,
an Interagency Commission on Homelessness.
• Duties. The Commission will:
o Serve as the Governing Board for the CoC as required by the Department of
Housing and Urban Development (HUD)
o Promote community-wide goals to end homelessness and develop strategic
plans to prevent and reduce homelessness and minimize the trauma and
dislocation caused to homeless families and individuals
o Review and monitor programs that are components of the CoC, :1.00,000
Homes Campaign, and Housing First Initiative including, but not limited to,
permanent housing, transitional housing, supportive services, homeless
management information system, and homelessness prevention
o Make recommendations to the County Executive and County Council for
improvements to the CoC including process changes to reduce barriers to
housing and minimize the time needed to move someone from homelessness
to housing
7
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Established. The Executive must appoint, subject to confirmation by the Council,
an Interagency Commission on Homelessness.
• Duties. The Commission will:
o
Review the funding application and response to HUD's CoC Program Notice of
Funds Available (NOFA) for homelessness assistance resources
o Educate the community about homelessness, best practices to reduce
homelessness, the resources needed to reduce homelessness, and long-term
savings that are achieved by providing permanent, stable housing
o Recommend and promote partnerships with private organizations, businesses,
corporations, philanthropic organizations and foundations, and municipal,
state, and federal government agencies to improve the County's ability to
prevent and red uce homelessness
8
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• Montgomery County COC has unanimously approved and signed up for the
National 100,000 Homes Campaign
• Montgomery County Department of Health and Human Services is co leading
the campaign with Montgomery County Coalition for the Homeless (MCCH),
along with many other government agencies, non profits, and organizations
• The Goal -
is to end homelessness through community engagement and high
rates of placement of persons identified as vulnerable and/or as experiencing
chronic homelessness in permanent housing
• Continue to Implement the Housing First model-
offer most vulnerable and
chronically homeless persons priority to permanent housing combined with
available support services
9
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• Approximately 300 volunteers used the Vulnerability Index survey to interview 369 persons
experiencing homelessness including those living on the streets, in the woods, and in
shelters during the Campaign's Registry Week in November 2013.
• The Vulnerability Index is based on research findings that found that individuals with certain
medical conditions are at a higher risk of death while experiencing homelessness.
• Further research indicates that persons experiencing homelessness have a 25 year shorter life
expectancy than those who are housed.
• The 369 individuals surveyed in Montgomery County reported a total of 677 inpatient hospitalizations
in the past year; and 159, almost half, were identified as medically vulnerable and will be at risk of
death if hey stay homeless.
• December 2013, the Montgomery County Council approved a FY14j15 special
appropriation of over $640,000 to provide permanent housing with supportive services for
15 additional homeless individuals, identified as the most vulnerable. This funding will
provide subsidies for rental assistance and utility costs as well as intensive services such as
case management
10
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• The Homeless Resource Day (HRD) is designed to be a
"one-day, one stop" opportunity for individuals and
families experiencing homelessness to access needed benefits, medical care,
and counseling, in addition to a variety of other community services that can
help promote self-sufficiency and resolve housing crises. The community
support has been, and will continue to be, an important part of our effort to
address the issues confronting homeless residents.
• This event has been so successful for the past three
years that now it has become one of the largest
annual DHHS events in the county.
• On November 7, 2013 we had over 300 Volunteers to
• During the past three years HRD has served over 920
individuals and families to access services and
resources.
• We had 68 Vendors in 2011 and 86 Vendors in 2012
and 67 Vendors in 2013
11
• We had over 250 Volunteer each year
assist with the event.
• Next HRD will be held on Thursday November 13, 2014
at the Activity Center at Bohrer Park, Gaithersburg
®
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TOTAL HOMELESS PERSONS
Individual Adults
0
Unsheltered
0
Emergency Shelters
Transitional Housing
0
o Total Individual Adults
Families with Children
o Unsheltered
0
Emergency Shelters
0
Transitional Housing
o Total Families
o Total Persons in Families
Fiscal Year Households Served in Emergency Family Shelter
Total Persons in Permanent Supportive Housing Programs (P
o Individual Adults
o Families with Children
o Total Persons in Families
I
1
1 ,132 I 982
226
392
140
758
130
328
142
600
I 1.004 I
143
337
158
638
2.2%
10.00%
2.74%
11.27%
6.33%
0
55
70
125
374
.357
505
278
937
2
0
69
57
126
381
415
598
310
1042
1,640
0
66
51
117
366
388
636
312
1059
1,695
-4.35%
-10.53%
-7.14%
-4.0%
I
6.35%
0.65%
1.63%
3.35%
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Chronic Substance Abuser (CSA)
Severe Mental Illness (SMI)
Dually Diagnosed (CSA and SMI)
Chronic Health Problem
Physical Disability
Domestic Violence Victim
Limited English Proficiency (new)
U.S. Veterans
Chronically Homeless
Young Homeless Parents (18-24)
141
186
215
160
130
172
202
41'
348
98
115
199
149
142
95
205
106
37
199
100
146
174
134
184
98
231
104
31
228
97
21.24%
-12.57%
-10.07%
22.83%
3.07%
3.07%
-1.89%
-16.22%
12.72%
-.9%
i3
®
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• Finish the job of ending chronic homelessness in 5
years
• Prevent and end homelessness among Veterans in 5
years
• Prevent and end homelessness for families, youth, and
children in 10 years
• Set a path to ending all types of homelessness
(g)
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• Provide/Promote Collaborative Leadership
• Strengthen Capacity of Organizations by Increasing Knowledge
about Collaboration, Homelessness, Best Practice
• Increase Access to Stable Affordable Housing
• Provide Permanent Supportive Housing
• Improve Access to Education and training and Increase
Employment
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• Improve access to "mainstream" programs/services in order to
reduce financial vulnerability
• Integrate Primary and Behavioral Health Services with Homeless
Assistance and Housing Programs
• Advance Health and Housing Stability for unaccompanied and youth
aging out of systems
• Advance Health and Housing Stability for people experiencing
homelessness with frequent contact with hospitals and criminal
justice
• Continue to Re-Tool Crisis Response System to Prevent and End
Homelessness
®
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Continuum of Care
Duties: Establishing
and Operating a
Continuum of Care
U.S. Department of HouSing and Urt;an Dev(tlopment
CoC2.0
I
Slide 1
Welcome to the HUD Broadcast on the Continuum of Care duties in establishing and
operating a Continuum of Care. This presentation will provide information about how to
establish and operate a Continuum of Care.
@
1
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'~:J'
u,s,
Depar1ment of
Housing and Urban Developmert
CoC2.0
I
Slide 2
We will start today's broadcast with an overview of the purpose of the CoC Program and
the core requirement in the CoC Program interim rule to establish a Continuum of Care, or
coc. We will also discuss the various entities that are likely to work with the CoC to
achieve its goals and responsibilities.
Then we will review the organizational structure of a CoC, including an overview of the
relationship between the CoC Board, HMIS Lead, and Collaborative Applicant.
Finally, we will detail the governance-related responsibilities required of the CoC in the CoC
Program regulations, so listeners can clearly understand what will be expected of them.
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Establishing
aCoC
To meet the goals of the CoC
Program, the interim rule requires
communities to establish a CoCo
The CoC must meet minimum
requirements for structure and
governance.
,Ill
u.s.
Department of Housing and Urban Development
CoC2,Q
I
Slide 3
The CoC Program is designed to:
• Promote a community-wide commitment to the goal of ending homelessness;
• Provide funding for efforts to quickly re-house individuals and families who are
homeless, which minimizes the trauma and dislocation caused by homelessness;
• Promote access to and effective use of mainstream programs;
• Optimize self-sufficiency among individuals and families experiencing homelessness.
Recognizing that the community will need to be
fully
engaged
in
order to achieve
the intended purpose of the CoC Program, the interim rule requires communities to
establish a Continuum of Care in order to receive CoC Program funding.
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CoC Defined
At its simplest, a Continuum of Care
is established by
representatives
of
relevant organizations
within a
geographic area
to
carry out the
responsibilities
set forth in the CoC
Program interim rule.
~~.
u.s. Department of Housing and U(ban Development
CoC2.0
I
Slide 4
A CoC is expected to address homelessness through a coordinated community­
based process of identifying needs and building a system of housing and services
that meet those needs.
The CoC Program interim rule formalizes the role of the Continuum of Care as the planning
body responsible for meeting the goals of ending and preventing homelessness.
In some communities, very little will have to change about the
CoC's
structure and
operations in order to be in compliance with the requirements of the CoC Program
interim rule. In other communities, more structure and formalization will need to
be implemented to be in compliance with the program requirements.
®
4
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Membership should ensure:
CoC
Membership
• Community-wide commitment
to ending and preventing
homelessness
• .
Representation of the relevant
organizations within the entire
geographic area served by the
CoC
;1IIi·
U,S Departmento! Housing and Urban Developmer!
CoC2,Q
I
Slide 5
Each CoC ;s expected to be tailored to its unique community circumstances, to the
extent possible involving all of the players required to further local efforts to end
homelessness. The purpose for including stakeholder representation from a wide
range of organizations within the CoC's geographic area is to ensure that all
community stakeholders participate in developing and implementing a range of
housing and services.
Continuums are expected to include representation to the extent that the type of
organization exists within the geographic area that the Continuum represents and is
available to participate in the Continuum. For example,
if
a CoC did not have a
university within its geographic boundaries, then
HUD
would not expect the
Continuum to have representation from a university within the Continuum.
5
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·
i~I'
u.s,
Department
of
Housing
and
Urban Deyelopment
CoC2.0
I
Slide 6
Note that the CoC is intended to be a large, representative group. It is generally
envisioned as a network or coalition of existing organizations, entities and
individuals. The next slide provides examples.
®
6
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·fil'
u.s.
Department of Hou.ing and Urban Development
CoC2.0
I
Slide 7
Here are additional examples of the groups, entities and individuals who participate
in a Coc. In some communities, the CoC is the main organizing body, whereas in
other communities, it is a part of a larger coordinating body for mainstream
services.
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CoC Organizational Structure
.
~j~.
U S. Departmenlof Hou>ing and Urban Development
I
Slide 8
The CoC is ultimately responsible for all duties assigned in the CoC Program interim rule.
Two activities - compiling and submitting the CoC application and operating the HMIS ­
must be done by eligible applicants; therefore, the CoC must designate eligible applicants
to serve these functions.
The CoC may formally assign some of its responsibilities to other entities, such as a CoC
board or committees, if desired. It is ultimately up to the CoC to determine how it would
like to function, but as we will discuss later in this broadcast, all of the assignments need to
be documented in writing.
8
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CoC Board
t~.
u,s.
Depal1ment of Housing and
UrbaU1 Development
The CoC Program interim rule requires every CoC to establish a board to act on behalf of
the Continuum. The board will be a subset of the membership that is established in
accordance with the CoC regulations governing board composition and board selection.
The CoC assigns the Board responsibilities in a written agreement called a Governance
Charter. We will talk more about that later, but please understand that the board does not
have an explicit role unless specified in the governance charter. Without assigning a duty
to the Board, responsibilities are retained by the Coc.
A CoC board might look and act like an Advisory or Oversight Committee of the CoC
coalition or network.
9
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CoC Board
Requirements
• Must represent relevant
organizations and projects
serving homeless
subpopulations
• Must include at least one
person who is homeless or
formerly homeless
• One board member may
represent the interests of
more than one homeless
subpopulation
CoC2.0
1
Slide 10
'i~I'
u.s.
Department of Housing and Urban Development
The CoC Program interim rule requires CoC Boards to include representatives from
relevant organizations and projects serving homeless subpopulations, such as
persons with substance use and/or mental health disorders; persons with HIV/AIDS;
veterans; people who are chronically homeless; families with children;
unaccompanied youth; and victims of domestic violence, dating violence, sexual
assault, and stalking.
The board must also include at least one individual who is homeless or formerly
homeless.
Please note that HUD does not specify a length of homelessness for the individual
who is homeless and/or formerly homeless on the board.
10
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CoC Operating Requirements
U,S, Department of Housing and Urban DevelOpment
CoC2.0
I
Slide 11
There are nine separate and distinct CoC operating responsibilities required by the CoC
Program interim rule. Together, these operating responsibilities put significant emphasis
on ensuring a broad, inclusive, transparent process.
This Broadcast will discuss the first five, which are related to CoC governance and structure.
®
11
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CoC
Operating
Requirements
• Hold semiannual meetings with
published agendas of the full
membership
• Invite new members at least
annually
• Appoint additional committees
• Adopt and follow a written board
selection process
• Develop a governance charter
u.s.
Department of Housing and Urban Deveioprneni
CoC2.0
I
Slide 12
The first three responsibilities of the Continuum are basic responsibilities around the
functioning of the CoC itself. These include:
• Holding at least semiannual meetings of the full membership of the CoC with formal,
published agendas.
• Ensuring that new members are invited to the CoC annually through a publicly available
invitation - such as in newspapers with general circulation in the area, through
announcement to local boards and commissions, and in other publicly accessible ways.
• Appointing committees, subcommittees, or workgroups to carry out the tasks of the
continuum.
12
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Membership
• Serniannual meetings of full membership
- Meetings must have published agendas
• Public, annual invitation to recruit new members
• Additional committees, subcommittees, or workgroups
Examples:
• Application review
• Point in Time count
• Coordinated assessment
U.S. Department of Housing and Urban Development
CoC2.0
I
Slide 13
These committees are not specified in the regulation, but some examples may include:
~
Application Review committee to manage the annual HUD application process
and recommend the final application to the CoC for approval;
~
Point-in-Time Count committee to oversee the annual PIT and Housing Inventory
Count;
~
Committee to develop and implement appropriate policies, procedures, and
standards of service for the continuum's coordinated assessment;
~
HMIS committee to review plans, policies and procedures for recommendation
to the CoC and oversee their implementation;
~
Performance Measurement committee to develop and update system- and
project-level targets and review evaluation results.
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Board
Selection
Process
• Establish written process to
select a board to act on
behalf of the Continuum of
.Care
- Selection process must
be reviewed, updated,
and approved by CoC at
least once every 5 years
• Establish code of conduct,
conflict of interest, and
recusal process for Board
CoC2.0
I
Slide 14
.iiiJ
u.s
Department of Housing and Urban Development
The fourth requirement is for the Continuum to adopt and follow a board selection process,
which must be transparently described in writing and establish a process that will ensure
the Board is appropriately representative of the Continuum, as required and discussed
earlier. The written process must be reviewed, updated, and approved by the CoC at least
once every 5 years.
The CoC Board must also establish a code of conduct and recusal process for individual
members and comply with the conflict of interest requirements at
§
578.95(b}. These
conflict of interest requirements include conflicts in regards to issues such as
procurement of goods or services, funding deciSions, provision of aSSistance, and
others.
14
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CoCGovernance Charter
CoC must develop and follow a
governance charter that details the
functions of:
• CoC board
• CoC's committee structure and
roles
• HMIS lead
• Staff roles
• Process for amending the charter
.~~.
SomeCoCs
may already
have bylaws
that are
similar to a
governance
charter.
us.
Department of Housing aJ"1.d Utban Development
CoC2.0
I
Slide 15
The fifth requirement is to establish a governance charter in consultation with the
collaborative applicant and the HMIS lead. The governance charter should outline all the
roles and responsibilities assigned by the CoC to the Board or to any committees,
subcommittees or workgroups and the process for reviewing and amending the charter.
Some CoCs have existing CoC bylaws which mayor may not meet these requirements
depending on how comprehensive they are. Bylaws may serve as a basis for developing a
Governance Charter.
15
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CoC
Governance
Charter
Governance charter must include:
• Policies and procedures to carry out
CoC responsibilities
• Code of conduct
• Recusal process for board members
Governance charter must be:
• Reviewed and updated annually
• Developed in consultation with the
Collaborative Applicant and HMIS
lead
'~j.
U,S. Department of
Hou.ing
and Urban Development
CoC2,Q
I
Slide 16
The governance charter must be updated annually and must encompass:
• Procedures and policies addressing the establishment and operation of the CoC;
• Procedures and policies regarding designating the HMIS Lead and HMIS Lead
requirements;
• Code of conduct for the board; and
• Recusal process for the board, its chair, and any person acting on behalf of the board.
It
is important to note that this charter is specific to the CoC board and is not the same as a
recipient's or subrecipient's "Code of Conduct".
@
16
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~.
U. S. Department ot Housing and Urban DevelOpment
CoC2.Q
I
Slide 17
The CoC must comply with the requirements related to establishing the board and
its composition by August 3D, 2014, two years from the effective date of the CoC
Program interim rule. All other parts of the interim rule went into effect on August
30,2012.
It is possible that, in some communities, a board already meets the described
requirements. In that case, the CoC needs to ensure that it has reviewed and
approved the written process for selecting the board in the last five years arid
followed that process when selecting the current board.
The date of the approval of the entire written process should be documented in
meeting minutes or other CoC documentation. The board can be elected,
appointed, or some combination - it is important that the process be transparent
and approved.
17
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How to ask
questions to
HUD
You can obtain additional information
or assistance by going to OneCPD Resource
Exchange and
searching the Resource Library,
checking out Training
&
Events and News,
using Ask a Question
or requesting technical assistance
U,S, Department of Housing and Urban Development
CoC2.0
I
Slide 18
Thank you for joining us for this broadcast on the
CoC's
responsibilities in establishing and
operating a Continuum of Care. This broadcast provided an overview of the purpose of a
CoC, identified the core requirements to establish a Continuum of Care, and outlined the
various entities likely to work with the CoC to achieve its goals and responsibilities. We also
reviewed the CoC organizational structure, including an overview of the relationship
between the CoC Board,
HNiIS
Lead, and Collaborative Applicant. Finally, we discussed the
governance-related responsibilities required of the CoC in the CoC Program regulations.
Please refer to the related training materials on the
CoC's
responsibilities in establishing
and operating a Continuum of Care that are provided on the OneCPD Resource Exchange.
In the event that you have a specific question, please contact your Field Office or submit a
question to the Ask-a-question section of www.oneCPD.info
18
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Thank you.
Continuum of Care
2.0
·111·
u.s. Department of Housing and Urban Development
CoC2.0
I
Slide 19
@
19
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Isiah Leggett
County Executive
Uma S. Ahluwalia
Director
Bill 34-13, Interagency Commission on Homelessness--Established
Testimony of Uma S. Ahluwalia
Director of the Department of Health and Human Services
Good afternoon Council President Rice and Councilmembers. I am Uma Ahluwalia, Director of the
Department of Health and Human Services. I am pleased to be here today to testify on behalf of the County
Executive in support of Bill 34-13.
As you know Montgomery County government--in concert with many community partners-has been
engaged in a significant effort to address the needs of its homeless residents. Most recently those efforts
culminated in the County's formal participation in the 100,000 Homes Campaign.
Councilmember Leventhal, the sponsor of this legislation, has worked tirelessly to raise awareness about
the needs of this community and to build support for more effective approaches to end homeless ness in our
County.
The County Executive recognizes the value in establishing a body that can improve planning and
collaboration among a wide range of policy makers, service providers, and others involved with the
homeless community. He believes this Commission can playa useful role in this effort.
As drafted the bill mirrors the composition of Montgomery County's Continuum of Care-a network of private
and public groups created under the auspices of the US Department of Housing and Urban Development
working to prevent and end homelessness. To date, our HHS department has been the lead agency for this
group, providing staff support and preparing grant applications. Currently the COC includes representation
from 13 private organizations, 7 public agencies, and two advocates.
An interim HUD Rule requires that each COC designate a governing board by August 30,2014. In order to
avoid duplication of effort the County Executive recommends that this interagency commission be
constituted in a way that would allow it to function as the governing board of the COC, while the existing
COC would act as its operational arm. The County Executive believes that the bill should include
language-perhaps in the preamble-specifying that it is Council's intention that the Commission can
function as the Governing Board and that the Commission will comply with all federal rules regarding
Continuums of Care. The proposed bill appears to meet current requirements as outlined in the Interim
HUD Rule. The County Attorney notes that as federal rules continue to develop it may be necessary to
modify the legislation if the Commission is to continue functioning as the Governing Board of the COCo Any
additional changes to the proposed legislation should be carefully reviewed in order to ensure compliance
with federal regulation.
The County Attorney has also flagged a number of technical issues, most of which can be cured with
relatively small changes to the bill. We are happy to share all of these recommended changes in greater
detail and look forward to working with Councilmember Leventhal and Council staff to achieve our common
goals.
Thank you for allowing me to share with you the County Executive's support for and recommendations with
you on Bill 34-13.
Office of the Director
401 Hungerford Drive· Rockville, Maryland 20850 • 240-777-1245 • 240-777-1295 TTY· 240-777-1494 FAX
www.montgomerycountymd.gov/hhs
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OFFICE OF THE COUNTY ATTORNEY
Isiah Leggett
County Executive
Marc P. Hansen
County Attorney
MEMORANDUM
TO:
Patricia Brennan
Legislative Officer, Montgomery County Dm-rS
Marc P. Hansen
County Attorney
Lena Kim
Y/.~4*-
Associate County Attorney
/
Division of Health and Human Services
FROM:
VIA:
Lorett~
Shapero
~~
AssocIate County Attorney
Division of Health and Human Services
DATE:
RE:
January 7, 2014
Bil134-l3, Interagency Commission on Homelessness - Established
County Law File No. A14-00002
Overview:
The Office of the County Executive referred Bill 34-l3, Interagency Commission on
Homelessness, to the Office of the County Attorney for comment. As a preliminary matter we
raise two points, both related to the fact that the Commission established by Bi1l34-13 is
intended to also operate as the governing board for the Continuum of Care (the "Board"/, which
is a requirement for funding from the United States Department of Housing and Urban
Development ("HUD") under the HEARTH Act.
2
First, we understand that the present
The Continuwn of Care is required to formulate the Board by August 30,2014. As this deadline is rapidly
approaching and for the sake of county resource efficiency and effectiveness, the Commission and the Board would
be the same entity rather than two separate, yet similar, governing bodies.
2
Continuum of Care is a program established by the United States Department of Housing and Urban Development
under section 422 of the McKinney-Vento Act. Subsequently the Homeless Emergency Assistance and Rapid
I
101 Monroe Street, Third Floor, Rockville, Maryland 20850
240-777-6740' (fax) 240-777-6705 • marc.hansen@montgomerycountymd.gov
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Bill 34-13 Legislative Review Memorandum
January 7, 2014
Page 2
composition of the Continuum of Care is in agreement with the Commission also operating as its
Board.
3
However, ultimately it is up to the Continuum of Care to fulfill its regulatory
requirements, and the County's Commission can only act as the governing board for the
Continuum of Care with its approval. Second, HUD has issued an Interim Final Rule for the
Continuum of Care that includes rules about the establishment and operation of the Board (set
forth at 77 Fed. Reg. 147 (July 31,2012) (to be codified at 24 C.F.R. Part 578)). Ifthe
Commission is to serve as the Board, then an analysis of the fulfillment of the requirement of the
Continuum of Care Board under the HUD Rules is necessary. In order to effectively operate as
the Board, the Commission will need to also comply with these applicable rules.
In reviewing Bill 34-13, we therefore first review the Council Bill alone, separate and
apart from the requirements ofthe HUD Interim Final Rule. We next analyze Bill 34-13 as it
compares to the requirements for the Board set forth in the pertinent part of the Interim Final
Rule.
I. Bill 34-13. Interagency Commission on Homelessness- Established
Bill 34-13 creates an interagency commission to address issues of homelessness and
provides requirements for membership and duties of such a commission (hereinafter the
"Cothmission"). The issues are listed below:
a. Number of Members:
1.
Line 11 establishes that the Commission is comprised of 25 members -­
eight mandatory ex-officio members (Lines 14-24), eight invited ex­
officio members (Lines 26-38), five Montgomery County Continuum of
Care representative members (Line 40 and 41), and four members of the
public including one homeless/formerly homeless resident and one
hospital representative (Lines 42-45). Line 11 should be amended to omit
a specific number of members because it is possible that there can be less
or more than 25 member. The amendment should specify that the number
of members should be an odd number. As drafted, ex-officio members can
also be serving as representatives of the Montgomery County Continuum
of Care and therefore one person may fulfill two requirements since the
bill does not indicate that the five representatives
in
Line 40 and 41 are not
to be the ex-officio members listed prior. Also, as the eight members listed
in Lines 26-38 are only required to be invited, there is no guarantee that
they will agree to accept and serve on the Commission. The potential for
more than 25 members is discussed further at section ILbjiA of this
memorandum.
b.
Term of Members:
Transition to Housing Act of2009 (hereinafter "HEARTH Act") codified the Continuum of Care planning process.
A set of interim rules for the Continuum of Care was established July 31, 2012 and codified in the Code of Federal
Regulations under 24 CFR Part 578 (hereinafter referred to as "Rules").
.
3
It is important to note that 24 CPR Part 578 specifically pennits a Continuum of Care to "combine more than one
metropolitan city or county into a geographic area" in which case this Continuum of Care could potentially branch
out beyond Montgomery County. The analysis within this memorandum is limited to the current Montgomery
County Continuum ofCare.
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Bill 34-13 Legislative Review Memorandum
January 7, 2014
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Lines 46-48 require that each member serve three years.
1. This should not
be
applicable to ex-officio members listed under
Lines 14-38 as
it
is quite foreseeable that these members may
fulfill those required positions for more than three years.
2. Ambiguity also exists in that Bill 34-13 is unclear as to whether
members who serve the term of three years can be reappointed to
membership on the Commission after the expiration of their term.
If permitted to be reappointed,
it
should be noted that §2­
148(a)(2)(B) of the County Code permits reappointment ofthe
individual(s) who are the ex-officio members in Lines 14-23
through the exception of "unique circumstances."
ii.
Lines 110-112 indicate that the County Executive must stagger the terms
of the members so that one third of the members expire each year.
1. This provision should not be applicable to ex-officio members
listed under Lines 14-38 as these ex-officio members often serve
those positions for more than three years.
iii. Section 2-148 of the County Code dictates Appointments and Removals
for committee members stating reasons such as absenteeism and other
circumstances.
1. These should also not apply to the ex-officio members and the
language indicating such is absent from Bill 34-13.
c. Identity of Members:
i.
The Director of the Family Justice Center listed in Line 24 is a state
employee and should be listed under the category of those members who
must be invited to serve as ex-officio members.
n.
In
general, Lines 14-23 would have explicit clarity if it was specified that
these individuals are Montgomery County Employees. For example, Line
14 should read Director of the Montgomery County Department of Health
. and Human Services so as to distinguish itself from the United States
Department of Health and Human Services.
1.
d. Other Items:
i.
Line 50 should substitute the word "Commission" in place of "Group."
ii.
"Promote" in Line 64 is ambiguous as to the scope and details of the
duties of the Commission.
iii. "Monitor" in Line 68 is ambiguous as to the supervisory authority for this
Commission to be acting in this capacity over the Montgomery County
Continuum of Care components.
iv. The phrases identified in Lines 71-75 would provide more clarity ifthe
definition of each phrase is included.
v. Line 103-105 prohibits the Commission from engaging in any legislative
advocacy at the state or federal levels without prior approval. These lines
specifically prohibit advocacy, yet advocacy authority has not been
expressly delegated to the Commission in the "Duties" section of Bill 34­
13. Also,
in Lines 98-99 the Commission is to recommend legislative or
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Bill 34-13 Legislative Review Memorandum
January 7, 2014
Page 4
regulatory changes to implement the Continuum of Care strategic plan,
which could be considered a form of legislative advocacy on a federal
level. As an example, HUD invited public comment on the Rules,
specifically ones regarding the proposed requirements of the Board.
An
appropriate source of commerits would be the Continuum of Care and its
Board, which may be considered a form oflegislative advocacy on the
federal level.
II. Governing Board for the Continuum of Care
The Commission created under Bill 34-13 would be comprised of many of the same
individuals who would be required to serve on a governing board for the Montgomery County
Continuum of Care (hereinafter referred to as the "Board") under the United States Department
of Housing and Urban Development (HUD) regulations. Also, the language ofBil134-13
demonstrates a desire for the Commission to have a supervisory role over the Montgomery
County Continuum of Care (hereinafter referred to as "County CoC") which would be similar to
the function of the Board. Therefore a cross-analysis of the requirements under the HUD Interim
Rules is necessary to ensure that the County CoC continues to comply with HUD rules so as to
continue to receive HUD funds.
a. Requirements under HUD Rules for the Board
1.
Specific Mandatory Requirements-
Under §578.5(b) of the Interim Rules,
Continuums of Care must have a board that makes decisions on behalf of
the Continuum. Continuums of Care have two years from August 30, 2012
(the effective date of these Interim Rules) to establish such a board that
meets the two mandatory requirements for the Board under the Interim
Rules:
1. The Board must be representative of the relevant organizations and
of projects serving homeless subpopulations; and
.
2. The Board must include a homeless or formerly homeless person.
ii.
Proposed Requirements-
The Interim Rules propose four additional
criteria for the Board that are not mandatory but are being considered:
1. The Board must have a chair or co-chairs;
2. The Board must be composed of an uneven number of members
serving staggered terms;
3. The Board must include members from the public and private
sectors; and
4. The Board must include a member from at least one Emergency
Solutions Grant program (ESG) recipient's agency located within
the Continuum of Care's geographic area.
111.
Other Requirements under the Interim Rules
1. Under §578.5(a) the relevant organizations within the Continuum
of Care include:
I) Nonprofit homeless assistance providers
2) Victim service providers
3) Faith-based organizations
®
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January 7, 2014
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4) Governments
S) Businesses
6) Advocates
7) Public housing agencies
8) School districts
9) Social service providers
10) Mental health agencies
11) Hospitals
12) Universities
13) Affordable housing developers
14) Law enforcement
IS) Organizations that serve veterans and homeless/ formerly
homeless individuals
2. Under §S78.7(a)(3) the Continuums of Care must "adopt and
follow a written process to select a board to act on behalf of the
Continuum of Care. The process must be reviewed, updated, and
approved by the Continuum at least once every five years."
3. Under §S78.7(a)(S) the Health Management Information Systems
Lead and the collaborative applicant are to create and update
annually a governance charter which would include "a code of
conduct and recusal process for the board, its chair(s), and any
person acting on behalf of the board."
4. Under §578.9S(b) no Continuum of Care board member is
permitted to "participate in or influence discussions or reSUlting
decisions concerning the award of a grant or other financial
benefits to the organization that the member represents."
b. Application of Board Reguirements to the Commission under Bill 34-13
i.
Membership ofthe Commission and the Board
1. Under Bill 34-13, all ofthe relevant organizations are explicitly
mentioned except for faith-based organizations, universities,
businesses, affordable housing developers and non-profit homeless
assistance providers. These five relevant organizations could fall
within Lines 40-41, which require the appointment of five
members who are representatives of the County CoC, or within
two of the four members of the public mentioned in Line 42, but
the Bill does not explicitly explain how representation from these
five organizations is to be accomplished.
2. Bill 34-13 also explicitly requires that at least one member be a
homeless or formerly homeless resident of Montgomery County,
which complies with the HUD regulations for Board membership
as well. Also, Bill 34-13 omits the proposed, though not
mandatory, requirement of one Board member being from at least
one Emergency Solutions Grant program (ESG) recipient's agency
@
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Bill
34~
13 Legislative Review Memorandum
January 7,2014
Page 6
within Montgomery County. Additionally, Bill 34--13 also
explicitly requires membership from the public sector, but does not
explicitly require membership from the private sector, which is a
proposed, and not mandatory, requirement for a Board member. If
either requirement becomes mandatory the identified member
might fall within one or the general categories, or an amendment
would need to be introduced.
ii.
Components o/the Commission and the Board
1. Line 51 of Bill 34-13 requires a Chair and Vice Chair for the
Commission which is consistent with the proposed requirement for
the Board to have a chair or co-chairs.
2. Lines 110-112 of Bill 34-13 require staggered terms for members
of the Commission which is consistent with the proposed
requirement for staggered terms for Board members.
3. Bill 34-13 should be amended to require thatthe membership for
the Commission should be an uneven number at all times.
4. Line 11 ofBil134-13 requires 25 members of the Commission
which is an uneven number and therefore is consistent with the
proposed requirement for the Board to be composed of an uneven
number of members. However, as noted above, a potential issue
may arise if invited ex-officio members decline to serve as
Commission members or if certain ex-officio members serve
multiple functions in terms of membership requirements. Another
issue may arise in that there may be more than 2S members
required if there are more "relevant organizations" or projects that
need to compose the Board.
iii.
Remaining Provisions o/the Board Requirements and the Commission
1. Bill 34-13 creates the Commission which is currently intended to
be the same entity as the Board. Under §578.7(a)(3) of24 CFR
Part 578, the County CoC is required to "adopt and follow a
written process to select a board ...." If the County CoC chooses to
adopt a written process different than that detailed in Bill 34-13,
the Commission could not act as the Board. Similarly, this written
process "must be reviewed, updated, and approved by the
Continuum at least once every five years." The practical
implication here is that the County CoC would need to review its
written process and if it ever differs from the codified version of
Bill
34~
13 once enacted, then the County CoC would either need to
amend its written process to mirror the law, or the Commission
will not be able to act as the Board.
2. The Health Management Information Systems (HMIS) Lead under
the County CoC is the Montgomery County Government.
Therefore under §578.7(a)(5) of 24 CFR Part 578, the
Montgomery County Government must create and annually update
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Bill 34-13 Legislative Review Memorandum
January
7, 2014
Page 7
the governance charter that includes the code of conduct and
recusal process for the Board. No such code of conduct or recusal
process is referenced within Bill 34-13. Bill 34-13 could serve as
the governance charter, if the HMIS Lead so decides, but Bill 34­
13 would need to then explicitly include the code of conduct and
recusal process for the Board and would be subject to annual
review and updates.
3. Bill 34-13 also omits the requirement under §578.95(b) of24 CFR
Part 578 pertaining to lack of participation in decisions regarding
financial benefits to the member's organization. This is particularly
important because Lines 96 - 97 of Bill 34-13 require the annual
report of the Commission to include recommendations for the
capital and operating budget of the next fiscal year.
c. Application ofCoC Requirements to the Commission under Bill 34-13
1.
Under §578.7(a) of24 CFR Part 578, there are other requirements of the
general Continuum of Care, which are not specific to the Board. Some of
these duties are consistent, however, with the duties of the Commission
under Bill 34-13:
1.
§578.7(a)(4) of 24 CFR Part 578 requires that additional
committees, subcommittees, or workgroups be appointed which is
consistent with Lines 56-61 which permit the Commission to
establish subcommittees.
2. §578.7(a)(6) of 24 CFR Part 578 requires the establishment of
performance targets for popUlation and program type and
monitoring of recipient and subrecipient performance. §578.7(a)(7)
of 24 CFR Part 578 requires an evaluation of outcomes of projects
under the Emergency Solutions Grants programs and the
Continuum of Care program, and to report such evaluations to
HUD. Lines 68-79 and Lines 93-95 of Bill 34-13 require the
Commission to review and monitor programs under the County
CoC, to recommend improvements of the County CoC to the
Executive and Council, and to identify gaps in the County CoC
within the annual report. These functions of the Commission
would substantively compile the evaluation that is required under
§578.7(a)(7) of24 CFR Part 578 and therefore the HUD evaluation
may be practically formulated by the Commission, although Bill
34-13 does not explicitly mention this. Bill 34-13 also omits the
establishment of performance targets, yet includes the monitoring
of the performance. If such performance targets were established
by the County CoC, those should be referenced and/or
incorporated into the relevant portion(s) of the Bill. Otherwise, Bill
34-13 should indicate the establishment of such performance
targets.
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,
.
Bill 34-13 Legislative Review Memorandum
January
7,
2014
Page 8
III. Conclusion
The proposed legislation of Bill
34-13
overlaps with the Board requirements and gel).eral
requirements of the Continuums of Care under 24 CFR Part 578. However. the legislation does
not mention that it is functioning as the Board or following the HUD Rules for Continuums of
Care. Such information may be appropriate to include within the preamble ofthe legislation
andlor in the body of the legislation.
It
is also important to note that the above analysis was based
on the Interim Rules which became effective August 30. 2012. As these federal rules continue to
develop. it will be imperative to adapt and modify the legislation so as to comply \-\lith them.
Lastly, the above is not an overall analysis of whether the County CoC complies with the HUD
Rules of the Continuums of Care, but the scope of the analysis was limited to the relevant
portions ofthe HUD Rules and the formulation of the Commission under Bill
34-13.