Agenda Item 10
October 7, 2014
Public Hearing
MEMORANDUM
TO:
FROM:
SUBJECT:
~ichael
Faden, Senior Legislative Attorney
Public Hearing:
Expedited Bill 46-14, Structure of County Government - Non­
merit Positions - Commission for Women
County Council
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, was introduced on September 30, 2014. A Government Operations and Fiscal Policy
Committee worksession will be scheduled at a later date.
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. _ _
--'-"<:-'-"---::~­
Concerning: Structure
of
County
Government - Non-merit Positions ­
Commission for Women
Revised: 9-24-14
Draft No.
L
Introduced:
September 30,2014
Expires:
March 30,2016
Enacted: _ _ _ _ _ _ _ _ ___
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
~N.:.;;:.o=n=e
_ _ _ : - - - _
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe County Executive
AN EXPEDITED ACT
to:
(1)
designate the position of Executive Director of the Office of the Commission for
Women as a non-merit position; and
(2)
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:
lA-204.
(a)
2
3
Supervision of offices and appointment of heads.
Executive Branch.
4
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
each Executive Director is a merit system employee.
5
6
m
7
8
9
10
ill
The position of Director, Office of the Commission for Women, is
~
non-merit position.
*
*
*
11
12
13
14
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:
15
Craig
L.
Rice, President, County Council
Date
16
Approved:
17
Isiah Leggett, County Executive
Date
18
19
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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~LS\l446
Structure
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Co. Gov't.-Commission For Women\BilI2.Doc
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LEGISLArlVE REQUEST REPORT
Expedited Bill 46-14
Structure ofCounty Government
-
Non-merit Positions -Commission for Women
DESCRIPTION:
The requested legislation amends the law governing non-merit positions in the
Executive Branch by designating the position of Executive Director of the 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.
PROBLEM:
GOALSAND
OBJECTIVES:
To bring about more accountability and responsibility and to give the County
Executive greater flexibility in filling the position ofDirector of the Office of the
Commission for Women.
COORDINATION:
Office of Human Resources
FISCAL IMPACT:
Office of Management and Budget
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
nla
nla
nla
Stuart Weisberg ORR, 240-777-5154
APPLICATION
WITHIN
MUNICIPALITIES:
nla
PENALTIES:
nla
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND
208S0
Isiah Leggett
County Executive
MEMORANDUM
September 23, 2014
TO:
FROM:
SUBJECT:
, Craig Rice, President
Montgomery County Council
Isiah
Leggett.
County
Executive.
-----P
~,..",...,(
-'. ."
/7
Expedited Bill to Designate
the
DireCtor of
the
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 Director ofthe Office ofthe 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 ofthe Commission for Women administers
pro~,
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
seniot level
positions in the Executive Branch to
create
a
cohesive and efficient management team. Heads of
departments and principal offices of the 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. Additionally,
the
confirmation process for non-merit
positions affords the County Council the opportunity
to
interview the nominee prior
to
confinnation." For purposes of uniformity 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
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ROC~LE,
MARYLAND
MEMORANDUM
July
25, 2011
TO:
tJ
t
and Budget
Timothy
L.
Firestine, Chief
Admin_~
Jennifer A Hughes, D.irector, Office ofManag
Joseph F. Beach, Director, Department
0 . .
.
FROM;
SUBJECT:
. CE Bill XX-14 - 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
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 Infonnation Office
Michael Coveyou, Department ofFinance
David Platt. Department ofFinance
Alex Espinosa, Office ofManagement and Budget .
Corey Orlosky, Office ofManagement and Budget
Naeem
Mia,
Office ofManagement and Budget
Felicia Zhang, Office ofManagement and Budget
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, I
.
Fiscal Impact Statenient
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 position of Director, 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
MI
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 compeJ;lSation than currently possible. 'The amount cannot be estimated
at this time.
This proposed legislation would have no iinpact 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
MI
pay band, butthe possible amount is
indeterminate.
There would be no estimated changes to revenues in the next 6 fiscal years as a result of this
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 of the 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 of how the addition of new staff responsibilities would affect other duties.
Not applicable
8.
An
estimate of costs when an additional appropriation is needed.
An
additional appropriation is not needed to implement the bill.
9. A description of any variable that could affect revenue and cost estimates.
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Economic Impact Statement
BiD ##-14, Structure of County Government - Non-merit Positions - Executive Director,
Office of the Conunission for Women
Background:
This
legislation would designate the position of Executive Directo.r: (Director) ofthe
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 position, it has no economic·
impact.
1.
The sources of information, assumptions, and methodologies
used.
Not applicable.
2. A
description of any variable that Could
atJect
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
efTect,
if
any on employment, spending,
samg,
investment, incomes, and property 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 BiD 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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