AGENDA ITEM #8
July 16,2013
Public Hearing/Action
MEMORANDUM
July 12,2013
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attomey~
Public Hearing/Action: Bill 20-13, General Provisions - Computation of
Deadlines
Bill 20-13, General Provisions Computation of Deadlines, sponsored by the Council President
at the request of the County Executive, was introduced on June 25,2013. Action is scheduled at
the conclusion of the hearing.
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.
Bill 20-13 implements a 2006 Charter amendment by making Code §1-301(c) applicable to time
periods established in the Charter; the bill also makes §1-301(c) applicable to time periods
established in resolutions. Council staff recommendation: enact Bill 20-13.
This packet contains:
Bill 20-13
Legislative Request Report
Executive transmittal memorandum
Fiscal and Economic Impact Statement
F:\LA W\BILLS\1320 Measurement Of Time\Public Hearing Memo. Doc
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Bill No. -:--__
-...=.!::~~-:_:_--­
Concerning:
~~~---:~;?y!§1Q.QL-=
Computation of Deadlines
Draft No.
Revised:
6/20/2013
Introduced:
_!:!..!:!.!.~~~~
_ __
Expires:
December 25,2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-!.!~i:'...-
_ _ _ _ __
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe 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 ofthe 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 for 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:
3
4
5
*
(c)
*
*
~
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7
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How to compute deadlines.
If the Charter or Code or
resolution
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
DESCRIPTION:
PROBLEM:
Computation ofDeadlines
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
§
1-301(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
§
1-301(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
MUNICIPALITIES:
PENALTIES:
Not Applicable.
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072705
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE. MARYLAND 20850
(siah Leggett
COlfl1(V
Executive
May 23,2013
TO:
Nancy Navarro
Council President
I.:;
FROM:
Isiah Leggett
County Executive
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SUBJECT:
Proposed Legislation to Clarify Measurement of Time
o
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 bill, 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.
r-..) .
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
~~31~'
240-773-3556
nv
'hil'U'•••..,..
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ROCKVILLE, MARYLAND
MEMORANDUM
July 11,2013
TO:
FROM:
Nancy Navarro. President County Council
Jennifer
A.
Director, Office
Joseph F.
B~tt,l'i)irector,
Department of
rtf~
u'A~t,
ofM~
Budget
SUBJECT:
Council Bill 20-13. Genera] Provisions - COfPutation of Deadlines
Please find attached the fiscal impact statement for the above-referenced
legislation.
JAH:ha
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin. Offices ofthe 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
Marc P. Hansen, Office ofthe County Attorney
Alex Espinosa, Office of Management and Budget
N aeem Mia, Office of Management and Budget
Philip Weeda, Office of Management and Budget
Henri Apollon, Office of Management and Budget
5
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Fiscal Impact Statement
Council Bill 20-13 - General Provisions - Computation of Deadlines
1. Legislative Summary.
The proposed bill clarifies how the computation of time applicable to the County Charter
and Council resolutions is to be calculated.
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 does not impact County revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 rlScal years.
Not Applicable.
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.
Not Applicable.
6. An estimate of the staff time needed to implement the bill.
No staff time is needed
to
implement the bill.
7. An explanation of how the addition of new staff responsibilities would affect other
duties.
Not Applicable.
8.
An
estimate of costs when an additional appropriation is needed.
Not Applicable.
9. A description of any variable that could affect revenue and cost estimates.
Not Applicable.
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not Applicable.
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11.
If
a blll is likely to have no fiscal impact, why that is the case.
The proposed bill is administrative in nature and amends and clarifies how deadlines are
computed under the County Charter, Codes, or resolutions and
generally amend the law on
rules of interpretation ofthe Code.
12. Other fiscal impacts or comments.
Not Applicable.
13. The following contributed to and concurred with this analysis:
Marc P. Hansen, Office of County Attorney
Naeem Mia, Office of Management and Budget
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Economic Impact Statement
Bill 20-13, General Provisions - Computation of Deadlines
Background:
This legislation would clarify how deadlines are computed under Charter, Code,
and
resolutions. The legislation would generally amend the laws on rules of interpretation of
the Code. Since Bil120-13
is
a procedural issue, it would have no economic impact
1.
The sources of information, assumptions, and methodologies used.
No sources of information, assumptions or methodologies were needed for this
economic impact statement.
2. A description of any variable that could affect the economic impact estimates.
There is no variable that could affect the economic impact estimates because there is
no economic impact. The legislation is solely administrative
in
nature.
3. The Bill's positive or negative effect,
if
any on employment, spending, saving,
investment, incomes, and property values in the County.
The Bill would have no economic impact because the Bill computes deadlines under
Charter, Code, and resolutions.
4.
If
a Bill
is
likely to have no economic impact, why
is
that the case?
The Bill would have no economic impact because the Bill computes deadlines under
Charter, Code, and resolutions.
5. The following contributed to and concurred with this analysis:
David Platt
and
Mike Coveyou. Finance.
each, Director
lila:l'tb,+rnent of Finance
.
Date'
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