Agenda Item 5.1
September 30, 2014
Introduction
MEMORANDUM
TO:
FROM:
County Council
~ichael
Faden, Senior Legislative Attorney
Introduction:
Expedited Bill 46-14, Structure of County Government - Non­
merit Positions - Commission for Women
SUBJECT:
Expedited Bill 46-14, Structure of County Government - Non-merit Positions ­
Commission for Women, sponsored by the Council President at the request of the County
Executive, is scheduled to be introduced on September 30, 2014. A public hearing is tentatively
scheduled for October 7 at 1:30 p.m.
Bill 46-14 would designate the position of Executive Director of the Office of the
Commission for Women as a non-merit position.
This packet contains:
Expedited Bill 46-14
Legislative Request Report
County Executive memo
Fiscal and Economic Impact statement
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Expedited Bill No.
46-14
Concerning: Structure
of
County
Government - Non-merit Positions ­
Commission for Women
Revised: 9-24-14
Draft No.
Introduced:
September 30, 2014
Expires:
March 30. 2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
...!.N..:.::o~n~e
_ _ _ _ __
ChI _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN EXPEOrrEO ACT
to:
(1)
(2)
designate the position of Executive Director of the Office of the Commission for
Women as a non-merit position; and
generally amend the laws governing non-merit positions in the Executive Branch.
By amending
Montgomery County Code
Section lA-204
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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EXPEDITED BILL No. 46-14
1
Sec. 1. Section
lA-204
is amended as follows:
2
3
4
lA-204.
(a)
Supervision of offices and appointment of heads.
Executive Branch.
ill
Each office established under Section lA-203(a) is under the
supervision of an Executive Director who is appointed by the Chief
Administrative Officer. [Each] Except as provided in paragraph.G1
each Executive Director is a merit system employee.
5
6
7
8
ill
The position of Director, Office of the Commission for Women, is
~
non-merit position.
9
10
*
*
*
11
12
Sec. 2. Expedited Effective Date. The Council declares that this legislation is
necessary for the immediate protection of the public interest. This Act takes effect on the
date when it becomes law.
Approved:
13
14
15
Craig L. Rice, President, County Council
Date
16
Approved:
17
Isiah Leggett, County Executive
18
Date
This is a correct copy ofCouncil action.
19
Linda M. Lauer, Clerk of the Council
Date
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~LS\1446
Structure Of Co. Gov't.-Commission For Women\Bi1l2.Doc
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LEGISLATIVE REQUEST REPORT
Expedited Bill 46-14
Structure ofCounty Government Non-merit Positions -Commissionfor Women
DESCRIPTION:
The requested legislation amends the law governing non-merit positions in the
Executive Branch by designating the position ofExecutive Director ofthe Office of
the Commission for Women as a non-merit position. The bill would not be
implemented for a position encumbered by a merit system employee until the
incumbent leaves the position.
Certain high-level merit system positions in the Executive Branch are responsible for
ensuring that the programs and policies ofthe County Executive are implemented or
communicated to the pUblic. The Director of the Office ofthe Commission for
Women administers programs, primarily counseling services. However, the County
Executive does not have a direct role in filling this position. Heads of departments
and principal offices of the Executive Branch have long been designated by law as
non-merit positions. Based on the considerable program management responsibility
that this position has, the County Executive proposes to convert the position to a non- .
merit position to make it more accountable.
To bring about more accountability and responsibility and to give the County
Executive greater flexibility in filling the position of Director of the Office ofthe
Commission for Women.
PROBLEM:
GOALSAND
OBJECTIVES:
COORDINATION:
Office of Human Resources
FISCAL IMPACT:
Office of Management and Budget
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
nla
nla
nla
Stuart Weisberg ORR, 240-777-5154
MUNICIPALITIES:
nla
PENALTIES:
nla
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVIl.LE. MARYLAND 20850
Isiah Leggett
County Executive
MEMO.RANDUM
September 23, 2014
TO:
FROM:
. Craig Rice, President
Montgomery County Council
lsiah
Leggett.
County
Executive.
-..-.P
~'Hl-"
0
-'-..;
SUBJECT: Expedited Bill to Designate the D:ireCtor ofthe Office ofthe Commission for
Women
as
a Non-merit Position
I
am
attaching for Council introduction an Expedited Bill to amend
the
County
Code governing non-merit positions in the Executive Branch by designating the position of
Executive pirector of the Office of
the
Commission for Women
as
a non-merit position.
The purpose ofthis bill is to bring about more accountability and responsibility in
. government. The Director of the Office of the Commission for Women administers progra.:ms,
primarily counseling services. However, the County Executive does not have a direct role in .
filling
this position.
I
believe that a County Executive
needs
flexibility in
filling
senior level
positions in the Executive Branch to create a cohesive and efficient management
team.
Heads of
departments and principal offices ofthe Executive Branch have long been designated by law
as
non-merit positions.
I
intend
to
follow the current
hiring
process to ensure that the candidate
selected
has
the subject matter expertise and relevant experience
required
to successfully catty
out the responsibilities of the position. AdditionalJy. the confirmation process for non-merit
positions affords the County Council the opportunity to interview the nominee prior
to
confumation.' For purposes ofuniformity
and
consistency,
I
am proposing
that
the position of
Executive Director
be
made a non-merit position. This bill
is
being introduced
at
this time
because
the Executive Director position is currently vacant.
IL:sw
Attachments
montgomerycountymd.gov/311
240-773-3556 TTY
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ROCKVILLE, MARYIAND
MEMORANDUM
July
25,2011"
TO:
FROM:
SUBJECT:
Timothy
L.
Firestine, Chief Administrative Officer
Budget
Jennifer
A.
Hughes, Director, Office of
Joseph F. Beach, Director, Department
o~
. CE Bill
XX~
I4 - Structure of County Government ­ Non-merit Positions - Director,
Office the Commission for Women
Please find attached the fiscal and economic impact statement for the above-referenced
~::~ilnd
legislation.
JAH:fz
Attachment
00:·
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
Michael Coveyou, Department of Finance
David Platt, Department ofFinance
Alex Espinosa, Office ofManagement and Budget .
Corey Orlosky, Office ofManagement and Budget
Naeem Mia, Office of Management and Budget
Felicia
Zhang,
Office ofManagement and Budget
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. I
Fiscal Impact Statement
Bill XX-14
&
Structure of County Government - Non-merit Positions· Director, Office of
the Commission for Women
1. Legislative Summary.
This proposed legislation would designate the
pos~tion
ofDirector, Office of the Commission
for Women as a non-merit position after the position incumbent leaves the position.
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 legislation changes the position to non-merit system status, which comes with
a change to the pay band used for the position. The position is currently in the
MI
pay band.
The existing salary range for County employees in a non-merit system position overlaps the
MI
pay band, but can be higher than the
Ml
maximum. Therefore, while this legislation does
. not increase the salary of the position, it is possible that a future appointment to the position
could receive higher compensation
than
currently possible. The amount cannot be estimated
at this time.
.
This
pro~osed
legislation would have no impact on revenues.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The proposed legislation would allow this position
to
be in a pay band with. greater earning
potential.
than
currently possible in the
Ml
pay band, but·the possible amount is
indeterminate.
There would be no estimated changes to revenues in the next 6 fiscal years as a result ofthis
proposed legislation.
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 ofthe staff time needed to implement the bill.
Less than one hour of staff time would be needed to update the record of the position in
Oracle, once the incumbent leaves the position.
7..
An
explanation ofhow the addition ofnew staff responsibilities would affect other duties.
Not applicable
8.
An
estimate ofcosts when an additional appropriation is needed.
An
additional appropriation is not needed to implement the bill.
9. A description ofany variable that could affect revenue and cost estimates.
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Economic Impact Statement
Bill ##--14, Structure of County Government - Non-merit Positions - Executive Director,
Office of the Commission for Women
Background:
lhis legislation would designate the position ofExecutive Directot (Director) of the Office ofthe
Commission for Women as a non-merit position. The legislation would not be implemented for
a position encumbered by a merit system employee until the incumbent leaves the position.
Because the legislation designates the Director as a non-merit
positio~
it has no economic·
impact.
1.
The sources of information, assumptions, and methodologies used.
Not applicable.
2. A
description of any variable that could affect the economic impact estimates.
. There are no variables under
this
legislation
that
could affect the economic impact on the
County.
3.
The Bill's positive or negative effect,
if
any on employment, spending, savmg,
investment, incomes, and properly values
in
the County.
The legislation
has
no economic impact on the County because it designates the Director as a
non-merit position.
4.
If
a
Bill
is
likely to have no economic impact, why
is
that the case?
Please see
#3
5. The following contributed to or concurred
with
this analysis: David Platt and Rob
Hagedoo~
Finance.
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