AGENDA ITEM #8
January 13,2015
Public Hearing
MEMORANDUM
January 9, 2015
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
AttomeYcMi~vkJ.i
Public Hearing:
Expedited Bill 58-14, Administration - Non-merit Positions -
Development Ombudsman
Expedited Bill 58-14, Administration
Non-merit Positions - Development Ombudsman,
sponsored by the Council President at the request of the County Executive, was introduced on
November 25,2014. A Planning, Housing and Economic Development Committee worksession
is tentatively scheduled for February 23, 2015 at 2 p.m.
Bill 58-14 would create a non-merit position of Development Ombudsman in the Office of the
County Executive.
This packet contains:
Expedited Bill 58-14
Legislative Request Report
County Executive Memorandum
Proposed position description
Fiscal and Economic Impact Statements
Circle
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3
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F;\LAw\BILLS\1458 Administration-Nonmerit Positions\Public Hearing Memo.Docx
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Expedited Bill No. -:--..::::5=8_-1"-'4'--::-:-_ _-:­
Concerning: Administration - Non-merit
Positions - Development
Ombudsman
Revised:
11/18/2014
Draft No.
Introduced:
November 25,2014
Expires:
May 25,2016
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 of the County Executive
AN EXPEDITED ACT
to:
(1)
create a non-merit position of Development Ombudsman in the Office of the
County Executive; and
(2)
generally amend the laws governing non-merit positions in the Executive Branch.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-26
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.
Deleted from 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.
58-14
2
Sec. 1. Section 2-26 is amended as follows:
2-26. Non-merit positions.
The following positions in the Office of the County Executive are non-merit
positions:
3
4
5
6
7
8
9
*
(e)
*
*
Special Projects Manager[.]; and
Development Ombudsman.
ill
Sec. 2. Expedited Effective Date. The Council declares that this legislation
lOis necessary for the immediate protection of the public interest. This Act takes
11
effect on the date when it becomes law.
Approved:
12
13
14
Craig Rice, President, County Council
Date
15
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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LEGISLATIVE REQUEST REPORT
Expedited Bill -14, Structure of County Govemment - Non-merit Positions - Development Ombudsman
DESCRIPTION:
PROBLEM:
The requested legislation creates a non-merit position of Development Ombudsman in
the Office of County Executive.
.This new position is needed to facilitate the approval process ofcommercial and
residential development projects deemed
high
priorities by the County and to resolve
conflicts that
arise
related
to
the entitlement process, permitting, and general
regulatory procedures.
To act
as
a facilitator for commercial and residential development projects, by working
as
an intermediary to .address challenges, issues and concerns during development; to
Promote regulatory efficiency, accessibility, transparency, predictability and
consistency across agencies and departments; to identify systemic cbaUenges
in
the
entitlement process, permitting,
and
general regulatory procedures and
to
facilitate
necessary changes
that
bring
about tangible improvements
that
save both time and
costs.
GOALSAND
OBJECTIVES:
COORDINATION: Office ofHuman Resources
FISCAL IMPACT: Office ofManagement and Budget
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOu.RCEOF
INFORMATION:
rua
rua
rua
Stuart Weisberg OHR (7-5154)
APPLICATION
WITIllN
MUNICIPALITIES: rua
PENALTIES:
rua
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OFFICE OF THE COUNTY EXECUTIVE
ROCKYI!..!..!!, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
October 31, 2014
TO:
FROM:
SUBJECT:
Craig Rice, President
Montgomery County Council
I,iab
Leggett, County Executive
/J~
--4:::1'
~
Expedited Bill to Create Non-merit Position of Development Ombudsman
I am attaching for Council introduction an Expedited Bill to create a non-merit
position of Development Ombudsman.
The purpose ofthis bill is to create a position to more efficiently facilitate the
approval process of commercial and residential development projects and to help resolve conflicts
that arise related
to
the entitlement process, permitting, and general regulatory procedures. This
position would serve to promote regulatory efficiency, accessibility, transparency, predictability
and consistency across agencies and departments. The Development Ombudsman would also act to
identify systemic challenges in the entitlement process, pennitting, and general regulatory
procedures and to facilitate necessary changes that bring about tangible improvements that save
both time and costs.
I am also attaching for your infonnation a
draft
copy of Executive Regulation 18­
14, Position Description for Development Ombudsman, which includes a definition of the work,
examples of duties and responsibilities, and the recommended qualifications, knowledge, skills,
and abilities for the position.
Attachments
IL: sw
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I
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County executive. 101 Monroe Street. Rockville, Maryland
Subject
Position Description for Development Ombudsman
Originating Department
Office ofHuman Resources
Regulation
Number
18-14
Effective Date
Position Description for Development Ombudsman
in the Office of the County Executive
Executive Regulation No.. 18-14
Issued by: County Executive
Authority: Montgomery County Code, 2004, Sections lA-204 and 2-26(f)
Supersedes: none
'
Council review: Method (1)
Montgomery County Register,
Volume
xx,
Issue
xx
Comment deadline:
Effectivedare: ______________
Summary:
TIris regulation provides a position description for the non-merit position of Development
Ombudsman in the Office of the County Executive.
It
includes a definition of the
wor~
,
examples of duties and responsibilities, and the recommended qualifications, knowledge,
skills, and abilities for the position. Montgomery County Code Section 2-26(f) designates
this position as anon-merit position. Under County Code Section lA-104(b)(2), a person
holding a position in
the
Executive Branch designated by law as a non-merit position must
be professionally qualified under a position description established by regulation under
method (1).
.
Office of Human Resources, Executive Office Building, 7th Floor
101 Monroe ,Street, Rockville, Maryland 20850
Address for
Comments:
Staff contact: Stuart Weisberg, 240-777-5154, or stuart.weisberg@montgomerycountymd.gov
Please use the key below when reading this regulation:
Boldface
Heading or defined term.
Added to existing regulation
by
proposed regulation.
Underlining
Deletedfrom existing regulation
by
proposed regulation.
[Single boldface b:rac:kets]
Double underlining
Added
by
amendment.
[[Double boldface brackets]]
Deletedfrom existing or proposed regulation
by
amendment.
Existing language unchanged
by
executive regulation.
*
* *
(Page 1 of 4)
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland
Subject
Position Description for Development Ombudsm!Ul
Originating Department
Office
ofHuman
Resources
Regulation Number
18-14
Effective Date
Position Description for Development Ombudsman
DEFINITION OF CLASS:
This is senier staff level work dedicated to facilitating the approval process of commercial and residential
development projects deemed high priorities by the County and to resolving conflicts that arise related to
the entitlement process, permitting, and general regulatory procedures. The position is located in the
Offices of the County Executive. As this is anon-merit position within Montgomery County Government,
the employee will be appointed by the County Executive and confirmed by the County Council. The
employee reports to the Chief Administrative Officer (CAO). Key responsibilities ofthe position include:
• Acting as a facilitator for commercial and residential development projects, by working as an
intermediary to address challenges, issues and concerns during development;
• Promoting regulatory effiCiency, accessibility, transparency, predictability and consistency across
agencies and departments both internal and external to County Government; and
S~rving
as a catalyst by identifying systemic challenges in the entitlement process, permitting, and
general regulatory procedures and facilitating with the agencies and departments to make
necessary changes that bring about tangible improvements that save both time and costs.
The work is primarily sedentary, performed primarily in office settings subject to usual everyday risks,
although the employee may make occasional on-site visits to various on-going development projects.
EXAMPLES OF DUTIES:
• Assists with the process of obtaining commercial and residential real estate development
approvals and permits necessary for construction ,by acting as a problem-solving liaison between
the County and State agencies and those affected by their rules and processes.
• Brings systemic concerns to the attention of the County leadership for resolution.
• Recommends improvements in procedures and processes to agencies and the County Executive.
• Facilitates communication and cooraination between the public, individuals, groups, businesses
and various County and State agencies (e.g., WSSC, M-NCPPC, SHA, OEP, MMCOOT, MOOT, MOE,
MHT, OBEO and OPS).
• Works across government agencies to address systemic problems and reduce regulatory burdens
while promoting transparency and predictability regarding regulatory activity, consistency of
business regulation within the County, appropriate flexibility, and a reasonable balance between
(Page 2 of 4)
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland
Subject
Position Description for Development Ombudsman
Originating Department
Regulation Number
18-14
Effective Date
Office of Human Resources
the underlying regulatory objectives and the burdens imposed by the regulatory activity.
KNOWLEDGE, SKILLS AND ABIUTIES:
• Extensive knowledge of the principles and practices of land development, construction, and
master planning (i.e., transportation needs, resource protection, and public facilities) and current
issues affecting building and land regulation and development.
• Knowledge of the County's real estate regulatory processes and real estate development matters.
• Knowledge of infrastructure matters related to development projects including financing
permitting and capital project schedules.
• Skill in identifying, analyzing and evaluating information concerning highly complex and often
politically sensitive technical and conceptual information.
• Skill in negotiating agreements which accommodate the conflicting interests and viewpoints of
numerous groups and organizations.
• Ability to express facts, conclusions and recommendations clearly and concisely, both orally and in
writing.
• Ability to establish and maintain effective working relationships with government and elected
officials, community and business groups, builders and developers.
• Ability to provide high level subject matter input, expertise, and advice regarding the development
of land use planning policies.
• Ability to attend meetings and perform work assignments at locations outside the office.
RECOMMENDED QUALIFICATIONS:
Experience:
Seven (7) years of progressively responsible experience involving development review,
permitting, zoning, economic development, community planning, and land use planning processes,
monitoring and tracking, three
(3)
years of which are in a supervisory or executive capacity.
Education:
Possession of a Bachelor's Degree from an accredited college or university in real estate,
engineering, business administration, construction management, architecture, economics, urban
planning or in an appropriate planning specialization or related field.
Equivalency:
An equivalent combination of education and experience may be substituted.
(Page
3
of 4)
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland
Subject
Position Description for Development Ombudsman
Originating Department
Regulation Number
18-14
Effective Date
Office of Human Resources
MEDICAL PROTOCOL:
Medical History Review:
Approved:
Isiah Leggett, County Executive
Date
Approved as to form and legality:
Office of the County Attorney
a~ l.uJ~
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(Page 4 of 4)
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Fiscal Impact Statement
Bill XX-14
Position Description for Development Ombudsman in the Office of the County Executive
I. Summary.
ThisbilI
will
create the nOll-merit
position
of Development Ombudsman in the Office
of
the County Executive.
2. An estimate of changes in County revenues and expenditures regardless of.whether
the revenues or expenditures are Rssumt.'Cl in the J'ecommended or approved budget.
Includes source of infonnation, assumptions, and
m~thodologies
used..
The estimated annualized compensation costs for this position are $198,600, based
on
the
average salary paid to
other
Question
A
employees within Montgomery County
Government.
.
.
Assumjpg this
positiopwilL
be filled for the
s~cond
half ofFYI
5,
the total eost for the
cUrrent fiscalyear will
be
apprdximinely'S99,300
in compensation for a total six-year
estimated costof $1,092,300.
Keytciipimsibilities'of
the'onibudstl1an'position
inei
ude the: proifibtiorto fregulatory·" .
efficiency and'C'onsistency. both internal and external to County Government. Successful
execution of these and other responsibilities will
likely
result in budgetary savings over
would
be
achieved without the position.
The
amount of that savings is. however.
indeterminate.
what
3.
#c:venu~a~,d ex;pe~dit~~:es~tnfttes.cov~ri~g
at
least
tb.~ n"xt~filC~lyears
•."
See
the
r~~~~~
to
it~m
i.:
'.. .'. ..- ... . .'
.... . . .....:
4. An actuarial analysis tbrough the entire amortization period for each bill that wou1d
affect
retiree pension or group insurance costs.
N/A
5.
Later actions that may affect future revenue and expenditures if the
bill
authorizes
future spending.
N/A
6. An
estimate of the staff time needed
to
implement the
bill.
Staff time
will
be spent by
participants
in the hiring
process.
The
total
time needed is
indeterminate and will vary based on the number
and
qualifications of the applicants..
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7. 'An explanation or'how tile addition of new staff responsibilities would affect other
duties.
N/A
8.
An
estimate of costs when an additional
appropriation
is
needed.
See response to item 2.
9. A
description of
any
vari~ble
that
could affect revenue and cost estimates.
The salary for a new hire
can
vary from the estimate based on the credentials of
the
selected candidate.
10.
Ranges of revenue or expenditures that are uncertain or difficult to project.
N/A
11.
If
a
bill
is
likely
to have no fiscal
impact.
why
that is the case.
N/A
12. Other fiscal impacts or comments.
N/A
13.
The
following contributed to and concurred with this analysis:
Loti O'Brien, OHR
Compensation
Manager
Corey Orlosky. OMB
Management and
Budget
Specialist
Date
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Eeonomic Impact Statement
Expedited Bill ##-14, Structure of County Government
Non-merit Positions - Developmeni Ombudsman
.Background:
This
legislation would create a non-merit position ofDevelopment ()p:Ibudsman
in
the
Office ofthe County Executive.
This
position would
:facilitate
the approval process of
commercial
and
residential" development projects deemed
a
high
priority by
the
County.
The
position would resolve conflicts that arise related to
the
entitlement process,
permitting,
and
general regulatory
process.
1. The sources of information, assnmptions, and methodologies used.
Not applicable"
2. A description of any variable that could affect the economie impact estimates.
There are no
variables
that
could affect the economic
impact
estimates.
3. The Bill's positive or negative effect,
if
any on employmeDt, spending, saving,
investment, incomes, and property values
in
the County.
Expedited
Bill ##-14
e~lishes
a position that would
facilitate
commercial
and
residential development projects
and
thereby encourage economic development
in
the
COlD1ty.
By promoting regulatory efficiency. accessibility, transparency,
predictability
and
consistency
across
agencies and departments.
this
position would
expedite
the development process thereby reducing both
time
and costs of
development projects. Therefore Bill ##-14 would have a positive impact
on
economic development and the
County's
economy.
4.
If
a BiB
is
likely to have no economic impact, why
is
that the ease?
This
bill
would have an economic impact because its purpose is to
:facilitate
the
approval process
and
resolve conflicts and thereby reduce the costs
and
time for
specific development projects.
S. The following contributed to or concurred with this analysis:
David Platt and
Rob
Hagedoorn,
Finance.
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