AGENDA ITEM 5G
Apri122,2014
Action
MEMORANDUM
April 18, 2014
TO:
FROM:
SUBJECT:
County Council
Robert H. Drummer, Senior Legislative Attorney
('hJ,-J
n
Action:
Bill 12-14, Personnel- Telecommuting - Amendments
Transportation,
Infrastructure,
Energy
and
recommendation (3-0):
enact the Bill with amendments.
Environment
Committee
Bill 12-14, Personnel - Telecommuting - Amendments, sponsored by Councilmembers
Berliner, Floreen, Riemer, Council Vice President Leventhal, and Councilmembers Eirich,
Andrews, and Navarro, was introduced on January 28, 2014. A public hearing was held by the
Transportation, Infrastructure, Energy and Environment Committee on February 11 and a
Committee worksession was held on February 26.
Bill 12-14 would require the County Executive to adopt a regulation to identify the
circumstances under which a County employee may telecommute and establish procedures that a
County employee must follow to obtain permission to telecommute. Councilmember Berliner
explained the purpose of this Bill in his January 14 memorandum describing his proposed
energy/environmental measures. See ©9.
Background
Bill 29-07, enacted in 2008, created a Sustainability Working Group and charged this 26
member group with developing, among other things, a Telecommuting Action Plan. However,
the Working Group did not develop a Telecommuting Action Plan before the terms of each
member of the Working Group expired in 2011. No new members were appointed to the
Working Group. Bill 12-14 would move this responsibility from the defunct Working Group to
the Executive by requiring the Executive to adopt a telecommuting policy by Method 1
regulation.
Telecommuting is a working condition that is subject to collective bargaining with the
union representing general County employees, MCGEO.
It
is unlikely that the fire and rescue
employees represented by the IAFF and the police officers represented by the FOP would be
eligible for telecommuting. The current MCGEO Agreement includes the following provision:
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Article
56 -
Teleworking and Alternative Work Schedules
The parties agree to work together to identify and offer opportunities for
teleworking and Alternative Work Schedules for bargaining unit employees.
Teleworking and Alternative Work Schedules shall be referred to the County­
Wide LMRC for the purpose of establishing a county-wide policy, no later than
December
31,
2012, containing but not limited to the following:
(a) Availability
(b)
Job selection criteria
(c) Implementation procedures
(d) Employee accountability while teleworking
(e) Training ofmanagers
The LMRC has not yet developed a policy for MCGEO employees on telecommuting.
Public Hearing
Assistant CAO Bonnie Kirkland, the only speaker at the February 11 public hearing on
Bill 12-14, generally supported the Bill on behalf of the Executive. See ©6. The Executive
committed to working with the Council to "develop the most progressive and reasonable
legislation achievable that will balance both the compelling need to achieve sustainable
development and the budgetary realities faced by the County and our local businesses ..." We
have not yet received specific comments on this Bill from the Executive.
T
&
E Worksession
OHR Director Joseph Adler and Assistant CAO Bolmie Kirkland represented the
Executive Branch. Mr. Adler explained the status of negotiations with MCGEO concerning
Teleworking and requested that the Bill
be
amended to replace the term "telecommuting" with
"Teleworking." The Committee recommended (3-0) to approve the Bill with the amendment
requested by Mr. Adler.
Issues
1. Does the Bill remove telecommuting from the scope of collective bargaining with County
employee unions?
Although the goal of the Bill is to establish standards and procedures for telecommuting
applicable to all County employees, the applicability of this personnel regulation to employees
represented by MCGEO would remain subject to bargaining with the union. Although the
Council has the legislative authority to amend the collective bargaining laws to mandate that this
personnel policy on telecommuting must apply to employees represented by a union, the Bill
would not do so. After the Executive develops a personnel regulation on telecommuting,
MCGEO would be able to agree to adopt it in their collective bargaining agreement or negotiate
changes for their members.
2
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The County Attorney's Bill Review Memorandum (©7-8) interprets the Bill to remove
telecommuting from the scope of collective bargaining with County unions and suggests that the
Council amend the Bill to make its intent clear. Council staff agrees that the Council
has
the
authority to remove telecommuting from the scope of collective bargaining, but disagrees that
this Bill does this. Absent a clear statement in the Bill removing telecommuting as a mandatory
subject of collective bargaining, the Bill would leave telecommuting as a mandatory subject of
collective bargaining.
2. Should the Bill remove telecommuting from the scope of collective bargaining with
County employee unions?
The majority of the employees who are likely to be eligible to telecommute are
represented by MCGEO. The Executive negotiated a collective bargaining provision with
MCGEO covering telecommuting. Unfortunately, the provision delegates the negotiations to a
Labor-Management Group created undetthe collective bargaining agreement. No agreement has
been reached to date. However, the County has a long history of resolving these issues through
collective bargaining with a union representing County employees.
Absent exigent
circumstances, there is little reason to move away from this process for telecommuting. If the
Bill is enacted as introduced, MCGEO would be free to agree to adopt it for its members or
negotiate different provisions for its members under the collective bargaining laws. The
existence of a personnel regulation on telecommuting that covers non-represented employees is
likely to serve as a model for an agreement with MCGEO. Committee recommendation (3-0):
do not amend the Bill to remove telecommuting from the scope of collective bargaining.
3. What is the fiscal impact of the Bill?
OMB and Finance submitted a fiscal and economic impact statement on March 5. See
©13. OMB estimates that the Bill would require one additional full-time position to serve as the
telework manager and additional training costs. OMB estimates that the telework manager
would be either a Program Manager II or a Human Resources Specialist III with an annual cost
of no more than $100,600. OMB estimates the additional training costs to be $50,000 in the first
year and $5000 to $10,000 in year 2 and beyond. A total appropriation of $150,600 would be
required for the first year. However, if the LMRC develops a similar telework policy outside of
the Bill for employees represented by MCGEO, these costs might be incurred without the BilL
OMB and Finance could not estimate an economic impact for the Bill because they could
not predict how many additional employees would telework under the new regulation.
4. Should the term telecommute be changed to telework?
OHR Director Adler told the Committee at the worksession that the tenn "telecommute"
has generally been replaced in recent years with "telework" and asked the Committee to make
this change in the Bill. Committee recommendation (3-0): change telecommute to telework in
the BilL
3
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This packet contains:
Bill 12-14
Legislative Request Report
Testimony of Bonnie Kirkland
County Attorney Bill Review Memorandum
Berliner January 14 Memorandum
Fiscal and Economic Impact Statement
Circle
#
1
5
6
7
9
13
F:\LAW\BILLS\1412 Personnel - Telecommuting-Amendments\Action Memo.Doc
4
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Bill No.
12-14
Conceming: Personnel- Telecommuting
- Amendments
Revised: March 10,2014 Draft No._2
Introduced:
January 28, 2014
Expires:
July 28, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date:
_N~o::!.n:.::::e~
_ _ _ __
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, and Riemer, Council Vice President Leventhal, and
Councilmembers EIrich, Andrews, and Navarro
AN
ACT
to:
(1)
(2)
(3)
require the County Executive
to
adopt a regulation
to
identifY the circumstances
under which a County employee may [[telecommuteJ] telework;
require the Executive
to
adopt a regulation to establish procedures that a County
employee must follow to obtain permission to [[telecommute]] telework; and
generally amend the law governing the County personnel regulations.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Article IT, Merit System
Section 33-24
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
'It
'It
'It
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 unqfJected by bill.
The County Councilfor Montgomery County, Maryland approves the following Act:
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BILL
No.
12-14
1
Sec. 1. Section 33-24 is amended as follows:
33-24. [[Telecommuting]] Telework.
2
3
4
(a)
Definitions.
In
this Section, the following words have the meanings
indicated:
["]Director["]
means the Director of the Department of Human
5
6
7
8
9
10
11
Resources or the Director's designee.
["Sustainability Working Group"
means the Group defined in Section
18A-13.]
["][[Telecommute]]["] Telework
means a work arrangement in which
some or all of the work is performed at an alternative work site.1 such as
a home or office space near a home.
(b)
[[Telecommuting]]
[Action Plan] Telework.
12
13
14
The [Sustainability
Working Group] County Executive must [prepare] adopt,
Qy
Method
1
regulation, a [Telecommuting Action Plan that sets out a] policy to
permit eligible employees to [[telecommute]] telework and!! plan [for
increasing] to increase the number of County employees who
[[telecommute]] telework.
(c)
Contents.
15
16
17
18
The [Telecommuting Action Plan] [[telecommuting]]
19
telework regulation must:
(1) [set numerical goals for the number of County employees who
telecommute] require the Director to designate an employee to
serve as the County [[telecommuting]] telework manager. The
County [[telecommuting]] telework manager must:
CA)
advise
each
County
department
matters;
and
office
on
20
21
22
23
24
25
[[telecommutingl]
ill)
26
27
serve as !! resource for managers and employees on
[(telecommuting]] telework;
@\Iaw\biIlS\1412 personnel- telecommuting-amendments\bill2.doc
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BILL No. 12-14
28
(Q
develop, after consulting the County Attorney, g standard
written [[telecommuting]] telework agreement between
g
[[telecommutingl1
' teleworking
employee
and
the
29
30
31
32
employee's manager;
(D)
assist managers in determining the eligibility of an
employee to [[telecommute]] telework; and
33
34
35
lID
be the primary point of contact between the Office of
Human Resources and each County department or office
on [[telecommuting]] telework issues;
36
37
38
39
(2)
identifY the circumstances under which a County employee may
[[telecommute]] telework; [and]
(3)
identifY procedures that a County employee must follow to obtain
permission to [[telecommute]] telework;
40
41
ill
require the execution of g written [[telecommuting]] telework
agreement between an employee and the employee's manager
outlining each party's expectations and responsibilities; and
42
43
44
45
46
47
ill
(d)
identify the required [[telecommuting]] telework training for g
[[telecommuting]] teleworking employee and g County manager.
Training.
The Director, after consulting the Chief Information Officer,
must establish an appropriate training course for g [[telecommuting]]
teleworking employee and g County manager.
48
49
50
51
52
53
54
.w
Annual report.
The
[Sustainability
Working
Group]
Chief
Administrative Officer must report to the County Executive and County
Council by January 15 of each year
on~
ill
the actions taken in the preceding fiscal year to implement the
[Telecommuting Action Plan]
regulation;
0f:\law\billS\1412 personnel-telecommuting-amendments\bitl2,doc
[[telecommutingl1
telework
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BILL
No. 12-14
55
56
57
58
59
ill
ill
the number of employees [[telecommuting]] teleworking in each
department or office during the preceding fiscal year;
the number of [[telecommuting]] teleworking hours worked
Qy
employees in each department and office in the preceding fiscal
year; and
60
61
ffi
recommendations for improvements to the [[telecommuting]]
teleworking regulation.
62
63
Approved:
Craig
L.
Rice, President, County Council
64
65
Date
Approved:
Isiah Leggett, County Executive
66
67
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
@:\law\bills\1412 personnel - telecommuting-amendments\bill 2.doc
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LEGISLATIVE REQUEST REPORT
Bill 12-14
Personnel
-
Telecommuting
-
Amendments
DESCRIPTION:
This Bill would require the County Executive to adopt a personnel
regulation to identify the circumstances under which a County
employee may telecommute and establish procedures that a County
employee must follow to obtain permission to telecommute.
The County does not currently have a personnel regulation governing
telecommuting by County employees.
The goal is to set standards for telecommuting and encourage
managers and employees to use this option
in
appropriate
circumstances.
Human Resources, County Attorney
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, 240-777-7895
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None
F:\LAw\SILLS\1412 Personnel - Telecommuting-Amendments\LEGISLATIVE REQUEST REPORT.Doc
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I
TESTIMONY ON BEHALF OF COUNTY EXECUTIVE ISIAH LEGGETT
ON ENVIRONMENTAL AND SUSTAINABILITY PACKAGE
Bills 2-14,3-14,4-14,5-14,6-14,7-14,8-14,9-14,10-14, 11-14, 12-14
February 11, 2014
Good evening Council President Rice and members of the County Council. My name is Bonnie
Kirkland and I am pleased to be here on behalf of County Executive Isiah Leggett to testify on
the package of environmental and sustainability measures introduced on February 4, 2014 by
Councilmember Berliner and others. Mr. Leggett supports Councilmember Berliner's initiative
and the Council's efforts to address the need for more sustainable development in Montgomery
County. Following up on recommendations from the Sustainability Workgroup, this package of
renewable energy, energy efficiency and sustainability measures will take the County to the next
level of environmental excellence.
Sustainable development has been defined as meeting the needs of the present without
compromising the ability of future generations to meet their own needs.
I
The path forward
requires understanding and planning: understanding how existing buildings perform and how
planned buildings are expected to perform; and designing buildings and other infrastructure that
reduce materials consumption, reuse materials, reduce energy consumption and maximize the
use of renewable resources.
County Executive Leggett recognizes that the path forward will involve substantial change and
commitment on the part of both the public sector and the private sector. He is committed to
working with the Council on this package during the coming weeks to develop the most
progressive and reasonable legislation achievable that will balance both the compelling need to·
achieve sustainable development and the budgetary realities faced by the County and our local
businesses to fully implement the approved changes the legislative package requires.
Stewardship for future generations has been a comerstone of Mr. Leggett's Smart Growth
Initiative in terms of planning for future growth at appropriate transit oriented locations. The
County Executive applauds Councilmember Berliner's and the sponsoring council members'
vision and recognition of the need for stewardship of our precious resources for future
generations.
1
International Institute for Sustainable Development quoting from the World Commission on Environment and
Development (WCED).
Our common future.
Oxford: Oxford University Press, 1987 p. 43.
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Isiah Leggett
County Executive
Marc P. Hansen
County Attorney
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
TO:
Bonnie A. Kirkland
Assistant Chief Administrative Officer
Marc P. Hansen
County Attorney
Heather
A.
Mulloy
Associate County Attorney
February 7, 2014
Bill 12-14, Personnel
Telecommuting - Amendments
VIA:
FROM:
DATE:
RE:
This bill requires the County Executive to adopt a regulation to establish procedures an employee
must follow to obtain permission to telecommute. Our office has identified an issue regarding
this bill which we would like to address. The issue revolves around whether this bill takes
telecommuting out of collective bargaining.
Currently, pursuant to the collective bargaining laws contained in the Montgomery County Code,
issues of hours and working conditions are mandatory subjects of collective bargaining.
Additionally, the issue of telecommuting has previously been bargained with the unions, and the
County and unions have agreements in place regarding telecommuting issues. Consequently, it
has been established that telecommuting is (at least arguably) a collective bargaining issue. But
telecommuting under this bill is not subject to collective bargaining.
Therefore, enactment of this bill would result
in
a conflict between the bill and collective
bargaining law. In the event of such a conflict, principles of statutory construction dictate that
the latter-enacted statute controls. This office would therefore interpret this bill as removing
telecommuting from the matters subject to collective bargaining. Nonetheless, if it is the
Council's intent to remove telecommuting from the mandatory subjects of collective bargaining,
our office advises that the Council specify that intent in the bill.
Conversely, if it is the Council's intent not to take telecommuting out of collective bargaining,
that should be made clear in the bill, too.
1
(j)
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Should you have any concerns or questions regarding this memorandum, please do not hesitate
to contact our office.
2
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MONTGOMERY COUNTY
COUNClL
R~.cK:Vtt.u:. ~.'\~n1l.Nn
ROOE~
BElLi'IIIER
CO'ti;NCH.M
1tM.8.E~
OrSTR.tC'T I
CHAll),{,AN
Tfi:ANSf'ORTA.TJQN.INFRAS;TUiCl1lae
eNERGY
.t:
£NY1JtO:kW$l('t COMl'UTT.EE.
Jan.,
14,
2Q14
DcarCo11eagues,
Next
week
1will
beinttOduclng.a package
of
13energy/envinmmental
~
that
are
designed
to
ensure
that
MQmgoinery
COtintl'
~
lit
thesustainabilitY
forefront.
1\\oowdbepleuedto
have
you.cosponsor some or.u
ofthese~
TheBe
measures
focus
en renewable eoexgy,
en~
dficlenqttranspOrtation,
and
govemmeW:
~ty~
1DaVe
attathcd·a
fact
sheet·thai
gives
a
bAd
descri~
ot
each.
of
them.
and of
OOUl'Se
would
be
1lappy
to
dDeUsi
allyo!
them
in
~
detaill
should. you have questions.
I
·was
inspired
by
our Council's de.Cision
tn
assert
its
lead~pin
tte
context of
red1l(fing
~
gap
in
itwome
di$parit:ies
by
passing
a
local
rriinimtnn
wage
law,
11hink aU
ofus
appreciate
thatthefedetal
tw~eint
has
become
~o dysftm~tional
that
we
can
expect
little
progresi
on
many
ofth,ej5Sueswe care
deeply
a1».ut
!n~
Brur;c
Kat2;
of
B~teeel1tlydCsaibed
the
~goverm:nent
lisa
"'large
health
insurance '
company
\Vith
marmy,"
Bl$
thesi;$,
wbieb.l
sh_
istbat our governing
paradigm
has
shifted from atop
doWn~
by
the
federal
gtwetmndlt ma
bottom
up
led
by
local
goveti:ltJ.ient$
like.
ours·
busit:tesses,supportfng
mqrl(et~. ~mote
exactirigstalidards.,
and
hoiding
oUt
county government
.aCCountability.
1
.yaU
Qfthis.bepause we
~.
to.
do
more
ifwe
.c
to
address
climate change.
It
hi obvioUSly not a hoax
and
we
know what
we
need
(0
do to
address
it. We
need
to'use
le$Se~
and
cleaner
energy~
Poriod... This.j)aCl\ag¢
ofbilbl
i:i
·taken
in
many
~
nomwbatother
leadingj~a.te
doing-
frQJll
Chicago
tQ
$~e
to
Califonlia
:md
New York
stBtes.
They,are
a
mix
ofleading
by
exampi4.
rewardina.~
Holding ourselves accountable
is
impartant.
'When
the
Council
passed
a.similar
package in2008t
we
tasked
Ii
Silstainabauty WOrking
Group
with
the
~iple
responsibility
for
guiding
our
CollDty
to
achi~
oue
form~·gQaI
of
r«i~~g gr~6use
gas
emissions
by SOpefcent
by
20S0.
It
is
timt
now
to
make
thi$
a core g.o:vemment
sm.u.
8.
WBRNER.
0f.R(;I
Bl./nmNG •
100
MAIt~ A~.6'i1f ~ ~ ~.
2DSSO
:MO;-771-7a28 OR
140::nH900~
m
2.qo..m~1914, FAX2,4()..m·~
·www~~~
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responsibUity!andthispacbge!nc~·ameasurethatVfill.~an·Offie:eQf
SUstainability
Within
Olw
whose
principal
mpoosibility
will
'betO.m(lllitot
how
we
are
doin$
and to help
developthepolicie$anQ
practi~
ttm
will
~
us
ttl
Vt~ \\~ ~to
be.
I hOpe:·youwitli9in
me
in
~
i\Jre
Montgomery
Caunty
burnishes
its
reputation as a
CQmlllunitytbat
em.braoessustaimmilityat ouroote.
Sincerely,.
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fACT SHEU ON
COUNOLMEM8ER 8ERUNER'S
13ENERGvlENYlRONMENT LEGISlATlvEINmATiVES
Coundlmernber Roger
Berliner
(i:>:-l)t
Chair
Ofthe.MonlgomeryCounty
Transportat~nt
lofnsst:rwture,
t:nf!rgy&·e~nmef.lt·cOlJl!'l1if:t~l wJ)I.~intrq.dUclng
13
~n'.~/~n,Yiff.lnm1;!ritar
measures on
JiJnuary
21..
me
measures.
ate;deslgned
tQ.under:scotB'~"nd
:suppprt
theQ)unty'
s
~.mitmenttQ $u~mahjrlty
and Wc,ll-!!d
(11
prorTto.tj!
in~~ed ~nel1Y e~~;·
(2)
fn~i!a$e; ~
of
renewable energy; (3)
decr.ease,tohsumptionof
gasoline and:support
efectric
veh:k;1es;
and
(4)
'Cr.ea~·
more
a~~n~billty ~:ryd ~porI~ibiiity.'wJthln
Q)Wtty
government
for
~¢hi~ing th~
tounty's
goa
for
reduclhggreenhouse
gas emissiOns
~b.y
20s0:BeJowisa
bri~
deseriptiort
of
eachGfth~·
mea:sures;
Ren!wabJe Energy
• R@newabt¢ EnergxP.urstJasmg...,5t)% RenewapiesbV201Si
tOO%by
2020:-
TQd~V
the,
COu'nty·purChasesapproXimately 30%.af
tuertergyftom renewable:energy
r9$OUrte$.
Washit;lgtonft~t;;
Ausfjn.
Te~as; aridPOittlndJbri!gon~ al"'~dy a~ )~:renew~ble
enelJV·
• Renewable!
Oosite -
This
bill,
modeled
a~t
a,
recerttlypessedfawiri Prince
GeOrge's
CQunty,
wowd
I1!Quire
ne:wpr
e~efl$lYely
.remQde.led
Courityb~n~higs.~o
gene"t,a,te:atle,st
lkiloVtiatt of
fenewableeM'1V
·mrf!very 1,,000 square
feetoffJoor
:area.
• Gjientaping·SOlar:'" TWo
of
the..lmpe.dlineJ1tHo
increased
Solar
utlli~tiOfl
aretf1e
C.6st~rid
time imrohiedin
gettingpentljts.
Thisrneasunt patternedaher
a
SUQ'.le$$fUl program
10
Chj~go,
reqiJir,s
q~r O~.artmeQt:
of
~rrnittln&'se~s',o (.fevl$e>~h e)(~it~d an41~5:
co.stly
ptocess
for solar retatedpermits.
• Solat
ZOOing'Accpmrriodatio!1:""
Curtent stltbacK
requiremtnts
Umitthe
use
oholar·tn
re~ldentIill.~wemngs,.
Thts:.:2TAwoutd
·modes1:fY~m.epd~lQn.Jnglaws.to
permit
sol~r
to
e)ctend
2
feet
ii'ito
the
sideorre"arsetbatk.
Energy EfficienCY
the
District
of
Co.lumb.a,
would
J~.quire
QI,11ldlOgowners to
fT'easu~.tht::t en~rgy effl~~ncv.
q(
their
buildingst;make
,that infurmatiOn public,
and
petioditaJtvt6inmittoensurirt~thaf
their
eoergy
¢fficlenq
eq~lpme(\'us
working
properly, It·is
d~i&n.q
to. Wqrk
with.
th~ r~~ttv
passed.
PACE
Pf'Oetam
to:
aeat~market
based ittcentivesro.i"bl..dIdingowners
to
increase
tbe
eff!ciencyohhelrpuildings.
Imqrmati(lnprovided·wQtlld
aid tenantS infofeqtstlng fUt4fe.
utility
(ostS.
BenChmaHdM'lJuildings-
Thisfegislation,
modeled
aftettaWs: in New
York,
ChiCiigo., arid
• Sliver lEED for New
Btindings-
CUrrent.county-.
law requires
newcommertiaJ
buildingstabe
!,IE£)
c;ertifled,
countv bt.iildings
mus.tmee.t
~he
mare
enVir(mn'\eJ:ltallv
$ffingel1t
Sltv~r
standard.
This
bill wotikt
.require
aU new COmmercial
buildings
to
meet
S-thfet
LEED.
wnU,
CD
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:. kOst
of
carbon -- The.
use
of
C90~f\tiC!)nal
fueis.. particularly
coal,
exttactsa
.cost oi'l$Qdety
tbat IS
not
reflected in
its
prittf;
These extertulr
'ci:$.
,ShqYlp~.
fa.$lre(i
'ioW
ttte.
cost/b,el\efit
(1a1qJ.l~ti9:O$
tnat
the,
CQllnty
~tll~z~when
it
asse$S6the'
potf!ntiai fur
energy
~fflCienc:v 'imprQV~ents
•. ThisbtR wOUld
require~~.·CQ~otY.tqu~e:
EPNs
R~i 'c~
of
carbon"!'
calc.da~oRor at:o~para.bf~ m~"odotGgy
forthQse
purpO$es.
If
• . LED Street Ughting .... ¢'lS generally recognized that
LEO
JiBht1hgls
far
~teel'le..gy
efficient·
and
requites
fat
lessma~h~n(;i!.
This.
bill
would requlre
OOT
t
I,Ipon -the
~~pitation
of1ts
c.litn!nt
tQotractfQr~etiigbtlng;
to
contractWith
an
LEO
company.
EVlnfrastructur~
-
ElettrltVehldes
w111
~nlYbecome
rnainstt,eain
when
ther~.are ~fficie.nt
chargtnl;statiOns~
inspire
confld~ncein t~~bl:it;
tallfomlp
recentlY
passed
iegrstatiOn
requlrlhg ali new
b,qilding$
¢t$'
acertain·size
to
be.~
readv,"
This trA
WOu.lt!
require
aU.
nevA:nJJ1ding$.
to
instalt3..
EV
charglng$tiOh for
ev~rv
SOpa,.kjng
spaces, ...
• Greent'ai2ingCV:mtioos.-Jt1St'as. in
·so(<<tr.l6$tallations; EVcha:rglng stations
ca.n.besubjettto
a
t~gt;hy
and
toSti'f
p!!tmittingprocess. Thisbfll would
reqqir~ft>PS
to
inStitute
~n
.
. . . .' .
.eXpeditedand
less
co_t1v
pertnJ~og~e$$.
• Teleworkinc
.~
TeleworkingiS beccnning
far
moretol'\1.i:JtOn
aildaccepted.
Oth~r
jurisdictions:,
inCluding
Falmn~,fut.ve'!ll~de
signifICantly
more
Rrog~:i~
esta'btisfdng
te~w:orkitlggoais and~lngthem~Thi!iiegistatiOi1WoUkireqUiie
the C01ilhty
EX~C4tJve
tb
pubUsfrregulatfulis
tf'iat5e,t
foi1hadeftnitjVei.,LeWQrkJnj
·po.lie;y·
and
a
reqLl1remeot
t/;;
designatea.
t~l~mrrn~tfpl·maJ,'ta~er.
Government Incentives'
AccountabfllW.
.greate
an
Offlce'QfSustafnabUitV wrthin
DEP-:-.Thi(bil{ Would$'eate
~Lr\ewOffice
Qf
Sttstaina,bili~ w~.ln D~P
..
Wh~ntheCo~nc~passed ~~latl(ln in'~,ittas'ked
iii
~stainabili1j
Working
Group with
the
respQhslbility
~f
I",idirig
(lUi
Co~Ws
greenhousega$;
redur;tion impl.memation.
itiS,nowtir.neto
m~kethj$ atVnd~rne:n~alresPQnsibitity
ofine
eounty.government.ahdtohOldourselvesacCountabJe.
• CoUrityGreenCertlfiedBusinesses-
TheCOumy
has
(~d
a ptogramwherebv
a
lo~'
bUsi~ss ~anbe itg(e~n c.ertffie~JI' J:Jv~doptil:1ggpod
sustaifUlbJe ·prac.tices. This biU. taUs
upon the County Executive
tb
issUe·
r~l.Ilatibi'ls
that woulijgivea
pl'efe~nce
.fli
C9ntr:~cting
to locaJ
~.oslhesse$.that aregr~n
certt'fied.
@
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ROCKVJLLE,
M_A.RYL·\;~O
MEMORANDUM
March 5,2014
TO:
Craig Rice,
prCSid~'ounty
Council
Jennifer
A.
Hugh
)irecior.
.
ector,
- e
FROM:
SUBJECT:
Joseph F. Beach,
Management
and Budget
t
of Fim:m:e
FEfS
for
Bill 12-14,
Personnel--
Telecommuting -- Amendments
Please find attached the fiscal and economic impact statements
for
the above­
referen(;ed
legislation.
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
Covcyou,
Department of
Finance
David Platt,
Department of Finance
Robert Hagedoom, Department ofFinance
Joseph Alder, Director, Department of Human Recourses
Corey Orlosky, Office of Management and Budget
Alex Espinosa. Office of Management and Budget
Felicia
Zhal1g.,
Office of Management and Budget
Nacem
Mia, Office of Management and Budget
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}"'iscal Impact Statement
Council Bill
12-14
Personnel- Telecommutbtg - Amendments
1.
Legislative Summary.
This bill requires the County Executive to adopt a telecommuting regulation
to
identify the
circumstances under which a County employee may teleconunute and establish procedures to
implement a telecommuting progranl. The regulation also requires the Director of I-Iuman
Resources to designate a County telecommuting manager to oversee its implementation.
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 bill requires the County Executive to adopt a regulation, which will not by itself change
County revenues or expenditures. The telecommuting regulation that is required by the bill
would result in additional County expenditures for the County telecommuting manager
position. The telecommuting manager may be classified as a Program Manager II or Human
Resources S}X-""Cialist III, estimated at a maximum annual cost of
$100,600.
An additional
estimated amount of
$50,000
in
the
first year and $5,000 to
$10,000
in each subsequent year
is required to cover training requirements from the bill.
The telecommuting regulation would result in no changes to County revenues.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The total a4diti9:nf'.l.
eW~l1ditures
from the telecommuting
regpl~tjpll ~e
,estimated
(it" \
$150,600
in the first year, and
$105,600
to
$110,600
in each year afterwards for a iotal
estimated cost of
$678,600
to
$703,600
over
6
years.
There would be no expected change to revenue in the next 6 fiscal years as a result of the
telecommuting regulation.
4. An actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group
insuran~e
costs.
Not applicable
5. Later actions that may affect future revenue and expendi tures
if
the bill authorizes future
spending.
Not applicable
6.
An
estimate of the staff time needed to implement the hill.
Tn
order to implement the
tele~ommuting
regulation, it is estimated that I FTE would be
required fi)r the County telecommuting manager. The development and subsequent suppOl1
ofthe training will be provided through contracted services.
7. An explanation of how the addition of new staff responsibilities would affect other duties.
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It
is anticipated that the role and responsibilities of the County telecommuting manager
required by the telecommuting regulation would necessitate afull..:time position. ORR
anticipates that the duties of this position can't be absorbed by existing staff.
8. An estimate of costs when an additional appropriation is needed.
An· appropriation of $150,600 would be needed to implement the telecommuting regulation.
9. A
desc.ription of any variable that could affect revenue and cost estimates.
Variables that could impact cost include the salary at which the new position is filled and
contractor costs that vary from those assumed.
10.
Ranges of revenue or expenditures that are uncertain or difficult to project.
Please see responses to #2 and #9.
] 1. If a bill is likely to have no fiscal impact, why that is the case.
Not applicable
12. Other fiscal impacts or comments.
Not applicable
13. The following contributed to and concurred with this analysis:
Corey Orlosky, Office of Management and Budget
Lori O'Brien, Office of Human Resources
Hughes,~
."
~-
.
d
J
nnif
f\.
fflce of Management and Budget
Date
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Economic Impact Statement
Bill 12·14 - .Personnel- Telecommuting - Amendments
Background:
This legislation would require the County Executive
to
adopt a regulation to identify the
circumstances under which a County employee may telecomrnute and establish procedures that a
County employee must foHow to obtain pennission to telecommute. It would also require
a
plan
for increasing the number of County employees who telecommute.
1.
The sources ofinformation, assumptions, and methodologies used.
• Office ofHuman Resources
• M.ontgomery County Department of Transportation's Annual Commuter Survey for
Montgomery County government employees for FY12
&
FYI3
2. A
description of any variable that could
aBed
the economic impact estilWltes.
'Ine
number of County employees who
are
telecommuting or may telecommute in the future.
3.
The BiU's positive or negative effect, if any on employment, spending, saving,
investment, incomes, and property values in the County.
From data and analysis provided by the County's Department of Transportation, the percent
of
Montgomery County employees who telecommute was
0.8
percent in FY2012 and
0.4
percent in FY2013. That analysis is based on a two-hour
peak
period from 7:00 a.m. to 8:59
a.m. 'For a three-hour peak period from 6:30 a.m. to 9:29 a.m., the percent increased to 1.1
percent in FY2012 and 0.5 percent in FY2013. Since this legislation does not require a
change in the number of County employees who currently telecommute and otherwise does
not impact incomes, spending,
or
property values, there
is
no net economic impact.
4.
If
a
BiU
is
likely
to have no economic impact, why
is
that the case?
Please
see
paragraph #3.
5. The foiJowing contributed to and concurred with this analysis: David Platt and Rob
Hagedoom, Finance; and Joseph Adler, Office of Human Resources, and Sandra Brecher,
Montgomery County Department of Transportation.
J
e F
J
each,
Director
Department of Finance
~
Date
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