AGENDA ITEM 6B
October 1,2013
Introduction
MEMORANDUM
TO:
FROM:
County Council
Josh Hamlin, Legislative Attorne
Robert
H.
Drummer, Senior Legis ative Attorney·
Introduction:
Bill 28-13, Elected Officials
x:d
~J
SUBJECT:
Compensation
Bill 28-13, Elected Officials - Compensation, sponsored by the Council President at the
request of the Committee to Study Compensation of the County Executive, County Council,
Sheriff and State's Attorney (Committee), is scheduled to be introduced on October
1.
A public
hearing is scheduled for October 22 at 1:30 p.m.
Bill 28-13, as introduced, reflects the recommendations of the Committee, and would
increase the compensation of the County Executive and County Council. The Council will
consider whether to accept or modify any of the changes recommended by the Committee after
the scheduled public hearing.
In the third year of its term of office, consistent with past practice, the Council
established the Committee by Resolution No. 17-563 on October 16, 2012. The Council is
authorized to set the compensation for Councilmembers and the Executive by Charter Sections
107 and 204. State law authorizes the Council to set the compensation for the Sheriff and the
State's Attorney. Article III, Section 35 of the Maryland Constitution prohibits an increase or
decrease in the salary of these elected officials during their term of office. The Council
appointed 7 volunteer residents to the Committee by Resolution No. 17-686 on February 26,
2013. The Committee studied this matter for 7 months and issued a final report in September
2013.
1
Bill 28-13 would make the following changes:
County Executive:
Increase salary to $190,000 beginning on December 1, 2014 and, for
the remaining three years, by the CPI increase,2 if any. With the recommended salary of
A copy of the report is available at:
http://www6.montgomervcountymd.gov!content/collllcil/pdf/reports/20 13 compensation committee report.pdf
The annual average percentage increase in the Consumer Price Index for All Urban Consumers (Cpr-U) for
2
the Washington-Baltimore Metropolitan Area, or any successor index, for the 12 months preceding September 1 of
that year.
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$190,000 at the start of the next term, the Committee projected the following salary
estimates for the next four years:3
Current
(effective
12/3/12)
$180,250
Previously
approved
(Bill 36-09)
121212013
(2.28%)
$184,360
121112014
(2.35%)
$190,000
1217/2015
(2.45%)
$194,655
12/5/2016
(3.0%)
$200,495
12/4/2017
(3.3%)
$207,111
Councilmembers:
Increase salary to $125,000 beginning on December 1,2014 and, for
the remaining three years, by the CPI increase,4 if any. With the recommended salary of
$125,000 at the start of the next term, the Committee projected the following salary
estimates for the next four years:
5
Previously
approved
(Bill 36­
09)
12/212013
(2.28%)
$106,394
$117,034
Councilmembers
Council
President
6
Current
(effective
1213112)
$104,022
$114,425
121112014
(2.35%)
$ 125
:t '
1217/2015
(2.45%)
00
n£3
1215/2016
(3.0%)
$131,905
1214/2017
(3.3%)
$136,258
$\37:500
$140,869
$145,095
$149,883
The Committee recommended retaining the existing Code prOVISIOns governing the
compensation of the Sheriff and the State's Attorney. Under these provisions, the compensation
of the Sheriff and the State's Attorney will be adjusted as follows:
Sheriff:
Increase salary in each year of the next term, beginning on December
1,2014,
by the CPI increase/ if any. The Committee projected the following salary estimates for
the next four years:
8
Salary projections for December 2013, 20 IS, 20
J
6 and 2017 are estimates and are based on the County
Finance Department's projections for the change in the CPI-U for those years.
Wtp:/!rnonjgomeryeountvmd.gov!OMB/Resources/Files!omb/pd fs/fy 14!p.;;pree!psp-revenue,pdt: page 5-4
4
See
note 2.
5
See
note 3.
6
The Council President currently receives 10% more than the other Councilmembers. The Committee
recommended that the Council President continue to receive the 10% differential.
7
See
note 2.
8
See
note 3.
2
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Current
(effective
Previously
approved
(Bill 36-09)
12/3/12)
$154,000
12/2/2013
(2.28%)
$157,234
121112014
(2.35%)
$160,929
1217/2015
(2.45%)
$164,872
1215/2016
(3.0%)
$169,818
12/4/2017
(3.3%)
$175,422
State's Attorney: Increase salary in each year beginning on January 5, 2015, through
2018, by the CPI increase,9 if any. The Committee projected the following salary
estimates through 2018:
10
Previously
approved
(Bill 36-09)
Current
Term
(effective
116/2014
(2.28%)
$203,537
115/2015
(2.35%)
$208,320
114/2016
(2.45%)
$213,423
112/2017
(3.0%)
$219,~25
112/2018
(3.3%)
$227,079
117113)
$199,000
The Committee did not recommend changes in the current benefit packages for any of
these elected positions.
Bill 28-13 also would clarify (but in our opinion not substantively change) the current
law governing annual CPI adjustments to the salaries of the County Executive, County Council,
Sheriff, and State's Attorney. Annual adjustments are based on any increase in the CPI-U, and
will continue each year unless modified by the enactment of a new law.
This packet contains:
Bill 28-13
Legislative Request Report
1
5
F:\LAWIBILLS\1328 Elected Officials Compensation\intro Memo.Docx
See
note 2.
10
Salary projections for January
2014, 2015, 2016, 2017,
and
2018
are estimates and are based on the County
Finance Department's projections for the change in the CPI-U for those years.
.
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page 5-4
9
3
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Bill No.
28-13
Concerning: Elected
Officials
Compensation
Revised:
9/26/2013
Draft No.
~
Introduced:
October 1, 2013
Expires:
April 1, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _ _ _ _ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President on behalf of the Committee to Study the Compensation of the County
Executive, County Council, Sheriff, and State's Attorney
AN
ACT to:
(1)
(2)
(3)
modifY the compensation of the County Executive and County Council;
clarify the Code provisions governing annual adjustments to the compensation of the
County Executive, County Council, Sheriff, and State's Attorney; and
generally amend the law relating to compensation of elected officials.
By amending
Montgomery County Code
Chapter lA, Structure of County Government
Section lA-106
Chapter 2, Administration
Sections 2-7 and 2-123A
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:
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BILL
No.
28-13
1
Sec.
I.
Sections lA-106, 2-7, and 2-123Aare amended as follows:
lA-106. Salaries of the County Executive and Councilmembers.
(a)
Salary o/County Executive.
Except as provided in subsection (c), the
2
3
4
5
6
County Executive must receive an annual salary of $190,000 beginning
on December
.L
2014 [:
(1)
(2)
$175,000 beginning on December 7, 2009; and
$180,250 beginning on December 3,2012].
7
8
9
10
11
(b)
Salary ofCouncilmembers.
(1) Except as provided in paragraph (2) and subsection (c), a
Councilmember must receive an annual salary of$125,000
beginning on December
.L
2014 [:
(A)
(B)
(C)
(2)
$94,595 beginning on December 6, 2009;
$99,325 beginning on December 5,2011; and
$104,291 beginning on December 3,2012].
12
13
14
15
16
17
18
19
20
The Council President must receive an additional amount equal
to 10% of the salary of other Councilmembers.
(c)
Annual acijustments.
(1) Beginning on [December 2, 2013] December
L
2015, the
salaries
of
the
Councilmembers
must
be
[increased]
adjusted annually on the first Monday in December by the
annual average percentage increase, if any, in the Consumer
Price Index for All Urban Consumers for the Washington­
Baltimore Metropolitan Area, or any successor index.:!. for the 12
months preceding September 1 of that year.
(2) Beginning on [December 2,2013] December
L
2015, the salary
of the County Executive must be [increased] adjusted annually
on the first Monday in December by the annual average
f:\law\bills\1328 elected officials compensation\bill4.doc
21
22
23
24
25
26
27
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BILL
No. 28-13
28
29
percentage increase, if any, in the Consumer Price Index for All
Urban Consumers for the Washington-Baltimore Metropolitan
Area, or any successor index, for the 12 months preceding
September 1 ofthat year.
30
31
32
33
*
vehicle.
*
*
2-7. Location of Sheriffs office; compensation of Sheriff; required use of
34
35
36
37
38
39
*
(b)
Salary.
*
*
(1)
Except as provided in paragraph (2), beginning on December 6,
2010, the Sheriff must receive an annual salary of $154,000.
(2)
Beginning on December 2, 2013, the Sheriff's salary must be
[increased] adjusted annually on the first Monday in December
by the annual average percentage increase, if any, in the
Consumer Price Index for All Urban Consumers for the
Washington-Baltimore Metropolitan Area, or any successor
index, for the 12 months preceding September 1 of that year.
40
41
42
43
44
45
*
2-123A. Compensation of the State's Attorney.
*
46
47
48
(a)
Except as provided in subsection (b), beginning on January 3, 2011,
the State's Attorney must receive an annual salary of$199,000.
49
50
(b)
Beginning on January 6, 2014, the salary of the State's Attorney must
be adjusted annually on the first Monday in January by the annual
average percentage increase, if any, in the Consumer Price Index for
All Urban Consumers for the Washington-Baltimore Metropolitan
Area, or any successor index, for the 12 months preceding September
1 of that year.
51
52
53
54
f:\law\bills\1328 elected officials compensation\bill4.doc
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BILL
No. 28-13
55
56
57
Sec. 2. Transition.
The County Executive and each Councilmember must receive the salaries
authorized by Section lA-106 before being amended by this Act until those salaries
are increased under Section lA-106, as amended by Section 1 of this Act.
Approved:
58
59
60
Nancy Navarro, President, County Council
Date
61
Approved:
62
Isiah Leggett, County Executive
Date
63
64
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1328 elected officials compensation\bi114.doc
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LEGISLATIVE REQUEST REPORT
Bi1128-13
Elected Officials
-
Compensation
DESCRIPTION:
To modify the compensation of the County Executive and County
Council, and clarify the Code provisions governing annual
adjustments to the compensation of the County Executive, County
Council, and Sheriff
The Council is authorized to set the compensation for the
Councilmembers and the Executive by Charter Sections 107 and 204.
State law authorizes the Council to set the compensation for the
Sheriff and the State's Attorney. Article III, Section 35 ofthe
Maryland Constitution prohibits changes in the salary of these elected
officials during their term of office.
In the third year of its term, consistent with past practice, the Council
established the Committee to Study the Compensation of the County
Executive, County Council, Sheriff, and State'.s Attorney
(Committee) by Resolution No. 17-563 on October 16,2012. The
Council appointed 7 volunteer residents to the Committee by
Resolution No. 17-686 on February 26,2013. This Bill would
implement the recommendations of the Committee.
Committee to Study the Compensation of the County Executive,
County Council, Sheriff, and State's Attorney
To be requested.
To be requested.
To be requested.
See September 2013 Committee Report
Josh Hamlin, Legislative Attorney
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None.
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