AGENDA ITEM #12
June 25, 2013
Introduction
MEMORANDUM
June 21, 2013
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attorne~
Introduction:
Bill 20-13, General Provisions - Computation of Deadlines
Bill 20-13, General Provisions Computation of Deadlines, sponsored by the Council President
at the request ofthe County Executive, is scheduled to be introduced on June 25, 2013. A public
hearing is tentatively scheduled for July 16 at 1:30 p.m.
Bill
20-13 would clarifY how deadlines are computed under Charter, Code, and resolutions and
generally amend the law on rules of interpretation of the Code.
This packet contains:
Bi1l20-13
Legislative Request Report
Executive transmittal memorandum
Circle #
1
3
4
F:\LA W\BILLS\1320 Measurement
Of
Time\lntro Memo.Doc
.
,
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Bill No.
20-13
Concerning: General
Provisions
Computation of Deadlines
Revised:
6/20/2013
Draft No.
_1_
Introduced:
June 25, 2013
Expires:
December 25, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'-"N.!!.on'-!:e"--_-:--_ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN
ACT to:
(1)
(2)
clarify how deadlines are computed under Charter, Code, and resolutions; and
generally amend the law on rules of interpretation of the Code.
By amending
Montgomery County Code
Chapter 1, General Provisions
Sec. 1-301
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/or Montgomery County, Maryland approves the following Act:
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BILL
No. 20-13
1
2
Sec.
1. Section 1-301 is amended as follows:
1-301. Rules of interpretation.
The following rules of interpretation apply to resolutions adopted by the
Council, laws enacted by the Council, and the County Charter:
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4
5
6
*
(c)
*
*
~
How to compute deadlines.
If the Charter or Code or
resolution
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requires or allows a person to perform an act within a specific time
period measured in days, the person must compute the deadline in the
following manner:
(1)
Count the day after the event as the first day of the period, if the
period follows an event.
(2)
Count the remaining number of days in the period. However, if
the period is 7 days or less, omit Saturdays, Sundays, and legal
holidays.
(3) Do not count the last day if
it
is a Saturday, Sunday, or legal
holiday or if the office where the person must file a paper or
perform an act is not open during the regular hours of that office.
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*
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f:\law\bills\ 1320 measurement of time\bill 1.doc
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LEGISLATIVE REQUEST REPORT
Bill 20-13, General Provisions
-
Computation ofDeadlines
DESCRIPTION:
PROBLEM:
Clarifies how the computation of time applicable to the County
Charter and Council resolutions is to be calculated.
From time to time, interpretation issues have arisen regarding the
computation of time for the County Executive to act under Charter
§
208, which provides that the County Executive "within ten days of
receiving [legislation] shall approve or disapprove it." While the
Charter designates this time period, it is silent on how to treat
holidays and weekends in computing the time periods. In 2006,
Charter
§
208 was amended to authorize the Council to enact a law to
determine how time is to be computed. The
Bill
would add the
Charter (and Council resolutions) to the provisions in Montg. Co.
Code
§
I-30I(c), which addresses how to compute the deadline for
performing an act "within" a specific time period that is measured in
days. The Charter (and Council Resolutions) are already is included
in
§
I-301(d) for calculating time when an act must occur "by" a
particular date. The amendment would make both interpretation
provisions applicable to the time periods that appear in the Charter,
the Code, or a resolution.
Clarify how time deadlines in the Charter and Council resolutions are
to be calculated.
Office of the County Attorney
To be requested.
To be requested.
To be requested.
Not applicable.
Marc P. Hansen, County Attorney
Karen
L.
Federman Henry, Division Chief
2407776700
Not applicable.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
NIUNICIP ALITIES:
PENALTIES:
Not Applicable.
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072705
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 2085ll
(siah Leggett
COtfn~)'
£-.:eclJlil'e
May 23,2013
TO:
Nancy Navarro
Council President
FROM:
Isiah Leggett
County Executive'
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SUBJECT:
Proposed Legislation to Clarify Measurement of Time
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I am transmitting for Council introduction a bill that clarifies how to compute
certain periods of time referenced in the County Charter (Charter) or Council resolutions. I am
also attaching a Legislative Request Report for the bill.
Section 208 of the Charter establishes a 10-day period for the County Executive
to approve or disapprove of legislation enacted by the County Council.
It
also establishes a 60­
day period for the Council to override a decision by the County Executive to disapprove
legislation. However, Section 208 does not establish how to treat intervening holidays and
weekends for the purpose of computing these time periods. In 2006, Section 208 was amended
to authorize the Council to enact a law to determine how these time periods should be measured.
The attached bill implements the 2006 Charter amendment by making Section 1­
301(c) of the County Code applicable to time periods established in the Charter. Section 1­
301(c), which is currently applicable only to time periods established in the County Code,
establishes how to compute a deadline for performing an act "within a specific time period
measured in days." The bill also makes Section 1-301(c) applicable to time periods established
in Council resolutions.
It
is interesting to note that Section 1-301 (d) of the County Code already applies
to deadlines established in the Charter, the County Code, or a resolution when an act must occur
"by a specific date". By enacting the attached bilt, Council will bring consistency to the manner
in which all time periods and deadlines are measured regardless of whether they are established
under the Charter, the County Code, or a resolution.
o
If you have any questions about the bill, please contact County Attorney Marc
Hansen at 240-777-6740.
Attachments (2)
c: Marc Hansen, County Attorney
montgomerycountymd.gov/311
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Ii
0
'''-'31·
240-773-3556 TTY
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