T&E ITEM 9
February 26,2014
Worksession
MEMORANDUM
February 24, 2014
TO:
FROM:
SUBJECT:
Transportation, Infrastructure, Energy and Enviro7\committee
Robert H. Drummer, Senior Legislative Attorney
{)iJ
Worksession:
Bill 12-14, Personnel- Telecommuting - Amendments
Expected Attendees:
Bonnie Kirkland, ACAO, Office of County Executive
Joe Adler, Director, Office of Human Resources
Bill 12-14, Personnel - Telecommuting - Amendments, sponsored by Council members
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
Committee on February 11.
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 ©5 of Bill 4-14, T&E Item 1.
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.
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.
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
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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 under the 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.
Council staff recommendation:
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 requested an extension of time to submit a fiscal and economic impact
statement and promised to deliver it on or before March 4.
This packet contains:
Bill 12-14
Legislative Request Report
Testimony of Bonnie Kirkland
County Attorney Bill Review Memorandum
F:\LA W\BILLS\1412 Personnel - Telecommuting-Amendments\T&E Memo.Doc
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5
6
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Bill No.
12-14
Concerning: Personnel - Telecommuting
- Amendments
Revised: October 29,2013 Draft No._1
Introduced:
January 28, 2014
Expires:
July 28, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _-:--_ _ _ _ _ __
Sunset Date: --:..:,No=n::=-:e'-:----::--_ _ __
Ch. _ _ Laws of Mont. Co. _ _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council members Berliner, Floreen, and Riemer, Council Vice President Leventhal, and
Council members 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 telecommute;
require the Executive to adopt a regulation to establish procedures that a County
employee must follow to obtain permission to telecommute; and
generally amend the law governing the County personnel regulations.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Article II, Merit System
Section 33-24
..
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
.. ..
Heading or defined term.
Added to existing law by original bill.
Deleted from 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. 12-14
1
Sec. 1. Section 33-24 is amended as follows:
33-24. Telecommuting.
(a)
Definitions.
In this Section, the following words have the meanings
2
3
4
5
indicated:
["]Director["]
means the Director of the Department of Human
6
Resources or the Director's designee.
["Sustainability Working Group"
means the Group defined in Section
18A-13.]
7
8
9
["]Telecommute[,']
means a work arrangement in which some or all of
10
11
the work is performed at an alternative work
office space near a home.
(b)
Telecommuting [Action Plan].
site~
such as a home or
12
13
14
15
16
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 and
~
plan [for increasing] to increase the
number of County employees who telecommute.
(c)
Contents.
The [Telecommuting Action Plan] telecommuting regulation
17
18
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 manager.
telecommuting manager must:
CA)
advise
each
County
department
and
office
on
The County
19
20
21
22
23
24
telecommuting matters;
25
26
an
serve as
~
resource for managers and employees on
telecommuting;
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BILL
No. 12-14
27
28
(Q
develop, after consulting the County Attorney,
written
telecommuting
agreement
~
standard
a
between
29
30
31
32
33
34
telecommuting employee and the employee's manager;
(D)
assist managers in determining the eligibility of an
employee to telecommute; and
.em
be the primary point of contact between the Office of
Human Resources and each County department or office
on telecommuting issues;
35
36
37
(2)
identify the circumstances under which a County employee may
telecommute; [and]
(3)
identify procedures that a County employee must follow to obtain
permission to
telecommute~
38
39
40
41
ill
require the execution of
~
written telecommuting agreement
between an employee and the employee's manager outlining each
party's expectations and responsibilities; and
42
43
44
45
ill
(d)
identify the required telecommuting training for
~
telecommuting
employee and
~
County manager.
Training.
The Director, after consulting the Chief Information Officer,
must establish an appropriate training course for
employee and
~
County manager.
~
telecommuting
46
47
48
ill
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~
49
50
ill
ill
the actions taken in the preceding fiscal year to implement the
[Telecommuting Action Plan] telecommuting regulation;
the number of employees telecommuting in each department or
office during the preceding fiscal year;
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51
52
53
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BILL
No. 12-14
54
55
56
ill
ill
the number of telecommuting hours worked
Qy
employees in
each department and office in the preceding fiscal year; and
recommendations for improvements to the telecommuting
regulation.
57
58
59
Approved:
Craig
L.
Rice, President, County Council
Date
60
Approved:
61
Isiah Leggett, County Executive
Date
62
This is a correct copy ofCouncil action.
63
Linda M. Lauer, Clerk of the Council
Date
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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
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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 cornerstone 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 ofthis 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.
I
(j)
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Should you have any concerns or questions regarding this memorandum, please do not hesitate
to contact our office.
2