Agenda Item 5K
January 28, 2014
Introduction
MEMORANDUM
January 24,2014
TO:
FROM:
SUBJECT:
County Council
Robert
H.
Drummer, Senior Legislative Attorney
~
)
\
Introduction: Bill 12-14, Personnel- Telecommuting - Amendments
Bill 12-14, Personnel - Telecommuting - Amendments, sponsored by Councilmembers
Berliner, Floreen, Riemer, Council Vice President Leventhal, and Councilmembers EIrich,
Andrews, and Navarro, is scheduled to be introduced on January 28, 2014. A public hearing is
tentatively scheduled for February 11,2014 at 7:30 p.m.
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 ©20 of Bill 2-14, Agenda Item 5A.
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:
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:
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(a) Availability
(b)
Job selection criteria
(c) Implementation procedures
(d) Employee accountability while teleworking
(e) Training o/managers
The LMRC has not yet developed a policy for MCGEO employees on telecommuting.
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.
This packet contains:
Bi1l12-14
Legislative Request Report
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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 Da-te-:----:-N:-o-ne-------
ChI _ _, 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 telecommute;
require the Executive to adopt a regulation to establish procedures that a County
employee must follow to obtain pennission 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]
* * *
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. 12-14
1
Sec.
1. Section 33-24 is amended as follows:
33-24. Telecommuting.
2
3
4
5
6
(a)
Definitions.
In this Section, the following words have the meanings
indicated:
"Director"
means the Director of the Department of Human Resources
or the Director's designee.
["Sustainability Working Group"
means the Group defined in Section
7
8
9
18A-13.]
"Telecommute"
means a work arrangement in which some or all of the
10
11
12
13
14
15
work is performed at an alternative work site.1 such as a home or office
space near a home.
(b)
Telecommuting [Action Plan].
The [Sustainability Working Group]
Executive must
[prepare]
adopt, by method
1
regulation, a
[Telecommuting Action Plan that sets out a] policy to permit eligible
employees to telecommute and
f!:
plan for increasing the number of
County employees who telecommute.
(c)
Contents.
The [Telecommuting Action Plan] telecommuting regulation
16
17
18
19
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.
telecommunicating manager must:
fA)
advise
each
County
department
and
office
on
The County
20
21
22
23
24
25
telecommuting matters;
.an
serve as
f!:
resource for managers and employees on
telecommuting;
26
d)f:\law\biIlS\1412 personnel «telecommuting-amendments\bill 1.doc
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BILL
No. 12-14
27
28
29
30
©
develop, after consulting the County Attorney,
written
telecommuting
agreement
~
standard
~
between
telecommuting employee and the employee's manager;
.em
assist managers in determining the eligibility of an
employee to telecommute; and
31
32
33
34
.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
38
39
40
41
(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;
®
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
49
50
51
52
ill
Annual report.
The
[Sustainability
Working
Group]
Chief
Administrative Officer must report to the County Executive and County
Cbuncil by January 15 of each year
on~
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;
6)t:IJaW\biIlS\1412 personnel - telecommuting-amendments\bill 1.doc
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
Approved:
59
Craig
L.
Rice, President, County Council
60
Date
Approved:
61
Isiah Leggett, County Executive
62
Date
This is a correct copy ofCouncil action.
63
Linda M. Lauer, Clerk of the Council
Date
e):\laW\billS\1412 personnel - telecommuting-amendments\bill1.doc
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LEGISLATIVE REQUEST REPORT
Personnel
Bill 12-14
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\BILLS\1412 Personnel - Telecommuting-Amendments\LEGlSLATIVE REQUEST REPORT. Doc