Agenda Item 7
April 8,2014
Public Hearing
MEMORANDUM
TO:
FROM:
County Council
Robert H. Drummer, Senior Legislative Attorney
f7
Hiring Preference ­
SUBJECT:
Public Hearing:
Bill 19-14, Personnel - Regulations
County Residents
Bill 19-14, Personnel - Regulations - Hiring Preference County Residents, sponsored
by Councilmembers Branson and EIrich, was introduced on March 18. A Government Operations
and Fiscal Policy Committee worksession will be scheduled at a later date.
Bill 19-14 would require the Executive to adopt a Personnel Regulation establishing a
preference for the initial hiring of a County resident if the resident is rated the same as a person
who is not a County resident after all other preferences have been applied. The Bill would apply
to a merit system position that is not in any bargaining unit.
Background
Md. Local Government Code Ann. §1-201 prohibits a County from requiring an
employee to reside in the County as a condition of employment. Section 1-201 also authorizes a
County to:
... grant a resident of the State, county, or municipality additional points or credits
in employment or promotion decisions if the points or credits are provided in
accordance with a merit system established by the county or municipality by local
law or ordinance.
The County Personnel Regulations currently provide a hiring preference for certain
persons with a disability and certain veterans. Bill 16-14 would establish a residency preference
in the initial hiring for an unrepresented merit position that would only apply to a person in the
highest rating category to break a tie with a non-resident after all other preferences are applied.
In order to be eligible for the residency preference, a person must be domiciled in the
County at the time of application and appointment. The Court of Appeals recently described
domicile as "the particular permanent home of an individual, to which place he has, whenever he
is absent, the intention of returning."
Jones
v.
Anne Arundel County,
432 Md. 386, 389 (2013).
If appointed, the person would not have to remain a County resident as a condition of
employment.
This packet contains:
Bill 19-14
Legislative Request Report
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Bill No.
19-14
Concerning: Personnel - Regulations ­
Hiring
Preference
County
Residents
Revised: March 10,2014 Draft No. _2_
Introduced:
March 18, 2014
Expires:
September 18, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
---!...!.No~n.!.!:e'__
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Branson and EIrich
AN
ACT to:
(1)
(2)
(3)
establish a hiring preference for a County resident for certain positions;
require the Executive to adopt regulations implementing a hiring preference for a
County resident who applies for certain positions; and
generally amend the merit system law concerning hiring preferences for certain
County positions,
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Section 33-7
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. 19-14
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Sec. 33-7 is amended as follows:
33-7. County executive and merit system protection board responsibilities.
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(2)
*
*
The Executive must adopt by personnel regulation, under Method
(1), standards for establishing and maintaining special rules for
the initial appointment of a qualified person with a disability into
a merit system position. These standards must:
(A) define a person with a disability eligible for a competitive
appointment with a preference as:
(i)
a person with medical proof of a developmental
disability, a severe physical disability,
psychiatric disability; or
(ii) a veteran rated by the Department of Veterans
Affairs with a compensable service-connected
disability of 30 percent or more;
(B) define a person with a severe disability eligible for
noncompetitive appointment as a person with medical
proof of a severe developmental, physical, or psychiatric
disability; and
(C)
require medical certification of a qualifying disability.
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or a
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(3)
Competitive appointment.
(A) The regulation must establish and maintain a preference
for the initial appointment of a qualified person with a
disability into a merit system position under the following
order ofpreference:
(i)
an employee who is unable to perfonn the
employee's job because of a disability or injury
under the ADA;
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BILL
No. 19-14
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Approved:
(ii)
(iii)
an employee subject to reduction-in-force;
an employee who was granted a temporary
disability
retirement
under
the
Employees
Retirement System or an initial or temporary
disability benefit of any type under the Retirement
Savings Plan or the Guaranteed Retirement Income
Plan but is no longer eligible for such a temporary
disability retirement or benefit;
(iv)
(v)
a veteran with a disability;
an equal preference for a veteran without a disability
and a non- veteran with a disability.
(B)
This regulation must only apply the preference to a person
who is among the highest rating category in a normal
competitive process.
(Ql
This regulation must
rumlY
f!
preference for the initial
hiring of
f!
person who is domiciled in the County at the
time ofapplication and appointment if:
ill
(in
the position to be filled is
f!
County merit position
that
not in any bargaining unit; and
the person is rated the same as
f!
person who is not
domiciled in the County after all other preferences
have been applied.
*
*
*
Craig
L.
Rice, President, County Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 19-14
Personnel- Regulations Hiring Preference
DESCRIPTION:
County Residents
The Bill would require the Executive to adopt a Personnel Regulation
establishing a preference for the initial hiring of a County resident if
the resident is rated the same as a person who is not a County
resident after all other preferences have been applied. The Bill would
apply to a merit system position that is not in any bargaining unit.
There is currently no preference for a County resident under the merit
system.
The goal is to increase the number of well qualified County residents
holding merit positions.
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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