Agenda Item 4C
September 15, 2015
Introduction
MEMORANDUM
September 10, 2015
TO:
FROM:
SUBJECT:
County Council
.?
Amanda Mihill, Legislative AttomeytA
Introduction:
Bill 37-15, Boards, Committees, and Commissions - Advocacy
Bill 37-15, Boards, Committees, and Commissions - Advocacy, sponsored by Lead Sponsors
Council President Leventhal and Councilmembers Berliner and Rice, is scheduled to be introduced
on September 15,2015. A public hearing is tentatively scheduled for October 6, 2015 at 1:30 p.m.
Bill 37-15 would allow certain boards, committees, or commissions
(B/C/Cs)
to advocate at the
State and federal levels if the advocacy is approved by the Office of Intergovernmental Relations.
County law is not consistent and provides for varying levels of advocacy authority for
B/C/Cs,
ranging from very broad authority to no authority. Some
B/C/Cs,
including the Commission on
People with Disabilities, have indicated a desire to advocate at the State and federal levels, but
current law prevents them from doing so. Bill 37-15 specifically provides this authority for the
following
B/C/Cs:
1
• Agricultural Preservation Advisory Board
• Alcohol and Other Drug Abuse Advisory Council
• Cable and Communications Advisory Committee
• Commission on Child Care
• Commission on Children and Youth Generally
• Commission on Health
• Commission on Human Rights
• Commission on People with Disabilities
• Committee for Ethnic Affairs
• Committee on HateNiolence
• Energy and Air Quality Advisory Committee
• Fire and Emergency Services Commission
• Mental Health Advisory Committee
• Noise Control Advisory Board
• Rustic Roads Advisory Committee
• Solid Waste Advisory Committee
• Victim Services Advisory Board
• Water Quality Advisory Group
list is not exhaustive ofall the
B/C/Cs
that will ultimately have this authority - many
B/C/Cs
have this authority
under current law (some have even broader authority) and are therefore not included
in
this list.
1
This
 PDF to HTML - Convert PDF files to HTML files
This topic was the focus of a July 2 Health and Human Services (HHS) Committee as it related
to
B/C/Cs
within the HHS Committee's jurisdiction.
A
copy of the staff memorandum from Senior
Legislative Analyst Linda McMillan, without attachments, is on ©9-13. A copy of the entire
packet, including attachments is available from Council staff or online at:
http://\\'\vvv
.montgomerycountymd.govIcouncilIResources/Files/agendalcm/20
151150702/201507
02
HHSl.pdf
This packet contains:
Bil137-15
Legislative Request Report
McMillan memorandum
Circle #
1
8
9
F:\LAW\BILLS\1537 BCOlntro Memo.Docx
2
 PDF to HTML - Convert PDF files to HTML files
Bill No,
37-15
Conceming: Boards, Committees, and
Commissions - Advocacy
Revised:
812512015
Draft No.
..L
Introduced:
September
15, 2015
Expires:
March
15, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _---::-:_ _ _ _ _ __
Sunset Date: None
Ch.
Laws--=o=:"::f":'-M':"'"o-nt-,C-=-o-,---­
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President George Leventhal and Councilmembers Berliner and Rice
AN
ACT to:
(1) allow certain boards, committees, or commissions to advocate at the State and federal
levels ifthe advocacy is approved by the Office of Intergovernmental Relations; and
(2) generally amend County law regarding boards, committees, and commissions.
By amending
Montgomery County Code
Chapter 2B, Agricultural Land Preservation
Section 2B-2
Chapter 8A, Cable Communications
Section 8A-30
Chapter lOA, Child Care
Section lOA-4
Chapter 18A, Environmental Sustainability
Section 18A-8A
Chapter 19, Erosion, Sediment Control and Stonnwater Management
Section 19-49
Chapter 21, Fire and Rescue Services
Section 21-2
Chapter 24, Health and Sanitation
Sections 24-7, 24-8, 24-39,24-40,24-44,24-60, and 24-60A
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 37-15
Chapter 27, Human
Rights
and Civil Liberties
Sections 27-5,27-48, 27-52A, 27-61, and 27-63
Chapter 31B, Noise Control
Section 31 B-4
Chapter 48, Solid Waste (Trash)
Sections and 48-42
Chapter 49, Streets and Roads
Section 49-80
Boldface
Underlining
[Single boldface brackets]
Double undedining
[[Double boldface bracketsD
* * *
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:
f:\law\bills\1537
bcc\bill
2.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 37-15
1
Sec. 1. Sections 2B-2, 8A-30, 10A-4, 18A-8A, 19-49, 21-2, 24-27, 24-28,
24-39, 24-40, 24-44, 24-60, 24-6A, 27-S, 27-48, 27-S2A, 27-61, 27-63, 31B-4,
48-41, 48-42, and 49-80 are amended as follows:
2B-2. Agricultural Preservation Advisory Board.
2
3
4
5
6
7
8
9
10
*
*
*
Advocacy.
The Board must not engage in any advocacy activity at the
State or federal levels unless that activity is approved .Qy the Office of
Intergovernmental Relations.
SA-30. Cable and Communications Advisory Committee.
(
a)
Established.
The Cable and Communications Advisory Committee may
provide advice and recommendations to the County Executive, County
Council, and the Department of Technology Services on all
telecommunications issues, including the administration of this Chapter
and any franchise agreement or application. The Committee must not
engage in any advocacy activity at the State or federal levels unless that
activity is approved.Qy the Office of Intergovernmental Relations.
11
12
13
14
15
16
17
18
19
20
*
10A-4. Commission on Child Care.
*
*
*
*
(i)
*
Advocacy.
The Commission must not engage in any advocacy activity
at the State or federal levels unless that activity is approved .Qy the
Office of Intergovernmental Relations.
21
22
23
24
ill
(0)]
00
*
*
*
*
*
*
25
18A-8A. Advocacy.
[Energy and Air Quality Advisory Committee]
tlJaw\bills\1537 bcc\biIl2.doc
 PDF to HTML - Convert PDF files to HTML files
BILL NO.
37-15
26
27
The Committee must not engage in any advocacy activity at the State or
federal levels unless that activity is approved
by
the Office of Intergovernmental
Relations.
19-49. Administration.
28
29
30
31
*
(b)
*
*
The County Executive, subject to confinnation by the Council, must
appoint a Water Quality Advisory Group, composed of up to 3 non­
voting representatives of government agencies and 15 voting members.
The voting members should consist of up to 3 representatives each of
academic and scientific experts, environmental groups, the agricultural
community, and the business community, with the rest from the public
at large. The Group must recommend to the Executive and the Council
by March 1 each year water quality goals, objectives, policies, and
programs. Each member must be appointed for a 3-year tenn unless
appointed to fill the balance of an unexpired tenn. The Group each year
must select a chair and any other officer it fmds necessary. The Group
must not engage in any advocacy activity at the State or federal levels
unless that activity is approved
by
the Office of Intergovernmental
Relations.
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
21-2. Fire and Emergency Services Commission.
*
(g)
*
*
Advocacy.
The Commission must not engage in any advocacy activity
48
49
at the State or federal levels unless that activity is approved
by
the
Office ofIntergovernmental Relations.
24-27. Advocacy.
50
[Commission on Health]
f:\law\bills\1537 bcc\bill 2.doc
 PDF to HTML - Convert PDF files to HTML files
BILL No. 37-15
51
52
53
54
55
56
57
The Commission must not engage in any advocacy activity at the State or
federal levels unless that activity is approved
Qy
the Office of Intergovernmental
Relations.
24-28. Staff support.
*
[24-28] 24-29-24-33. Reserved.
*
*
24-39. Advocacy.
[Mental Health Advisory Committee]
58
59
60
The Committee must not engage
in
any advocacy activity at the State or
federal levels unless that activity is approved
Qy
the Office of Intergovernmental
Relations.
24-40. Staff support.
61
62
63
*
[24-40. Reserved.]
*
*
64
65
66
67
24-44. Advocacy.
[Alcohol and Other Drug Abuse Advisory Council]
The Council must not engage in any advocacy activity at the State or federal
levels unless that activity is approved!2y the Office of Intergovernmental Relations.
[24-44] 24-45-24-46. Reserved.
24-60. Advocacy.
[Victim Services Advisory Board]
68
69
70
71
The Board must not engage in any advocacy activity at the State or federal
levels unless that activity is approved!2y the Office of Intergovernmental Relations.
24-60A. Staff support.
72
73
*
*
*
*
*
*
27-5. Duties generally.
[Commission on Human Rights]
74
75
76
77
1£l
Advocacy.
The Commission must not engage in any advocacy activity
at the State or federal levels unless that activity is approved !2y the
Office of Intergovernmental Relations.
f:\Iaw\bills\1537 bcc\bill2.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 37-15
78
79
80
81
82
83
84
85
86
87
88
89
90
27-48. Commission on Children and Youth Generally.
(e)
Advocacy.
The Commission must not engage in any advocacy activity
at the State or federal levels unless that activity is approved
Qy
the
Office of Intergovernmental Relations.
ill
*
*
*
27-52A. Advocacy.
[Commission on People with Disabilities]
The Commission must not engage in any advocacy activity at the State or
federal levels unless that activity is approved
Qy
the Office of Intergovernmental
Relations.
27-61. [Reserved] Advocacy.
[Committee/or Ethnic Affairs]
The Committee must not engage
in
any advocacy activity at the State or
federal levels unless that activity is approved
Qy
the Office of Intergovernmental
Relations.
27-63. Committee on HateNiolence.
91
92
93
94
95
96
97
98
99
100
*
(g}
*
*
Advocacy.
The Commission must not engage
in
any advocacy activity
at the State or federal levels unless that activity is approved
Qy
the
Office of Intergovernmental Relations.
31B-4. Noise control advisory board.
*
*
*
ill
Advocacy.
The Commission must not engage in any advocacy activity
at the State or federal levels unless that activity is approved
Qy
the
Office of Intergovernmental Relations.
48-41. Advocacy.
[Solid Waste Advisory Committee]
101
102
103
The Committee must not engage
in
any advocacy activity at the State or
federal levels unless that activity is approved
Qy
the Office of Intergovernmental
Relations.
104
f:\law\bills\1537 bcc\bill 2.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
37-15
105
106
107
108
109
110
48-42. Administrative and staff support.
*
[48-42. Reserved.]
49-80. Rustic Roads Advisory Committee.
*
*
*
(t)
*
*
111
112
113
114
Advocacy.
The Commission must not engage in any advocacy activity
at the State or federal levels unless that activity is approved
Qy
the
Office of Intergovernmental Relations.
(g}
Approved:
*
*
*
115
116
George Leventhal, President, County Council
Date
117
Approved:
118
Isiah Leggett, County Executive
Date
119
This is a correct copy ofCouncil action.
120
Linda M. Lauer, Clerk ofthe Council
Date
f:\Iaw\bills\1537 bcc\bill2.doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 37-15
Boards, Committees, and Commissions
-
Advocacy
DESCRIPTION:
Bil137-15
would allow certain boards, committees, or commissions to
advocate at the State and federal levels if the advocacy is approved by
the Office of Intergovernmental Relations.
County law is not consistent and provides for varying levels of
advocacy authority for boards, committees, and commissions. Several
boards, committees, and commissions have indicated a desire to
advocate at the State and federal levels, but current law prevents them
from doing so.
To make County law more constituent regarding the advocacy
authority of boards, committees, and commissions.
Council and Executive staff; Chief Administrative Officer; Office of
Intergovernmental Relations
To be requested.
To be requested.
To be requested.
To be requested.
Amanda
Mihill,
Legislative Attorney,
240-777-7815
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLI CATION
WITHIN
MUNICIPALITIES:
PENALTIES:
NI
A
F:\LAW\BILLS\1537 BCC\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
HIlS COMMITTEE #1
July
2,2015
MEMORANDUM
July
1,2015
TO:
FROM:
SUBJECT:
Health and Human Services (HHS) Committee
Linda McMillan, Senior Legislative Analyst
~iNJ/
Advocacy by Boards, Committees, and Commissions in the Department of
Health and Human Services
Expectedfor
this
session:
Uma Ahluwalia, Director, Department of Health and Human Services
Melanie Wenger, Director, Office of Intergovernmental Relations
Edward Lattner, Division Chief of Government Operation, Office of the County Attorney
Dr. Seth Morgan, Chair, Commission on People with Disabilities
Susan Hartung, Commission on People with Disabilities and Chair of its Developmental
Disabilities Advisory Committee
On October 2,2014 theHHS Committee met to receive an update on Resource
Coordination and to discuss the recommendations of the Developmental Disability Transition
Advisory Workgroup. While the major recommendations from the Workgroup were about the
County's role in providing resource coordination services to Developmentally Disabled adults
and transition aged youth, the Workgroup also recommended that the Montgomery County
Cornmission on People with Disabilities should be able to advocate within the County and at the
State and federal level.
The HHS Committee agreed
that
it would like to understand more about the authority of .
all Boards, Committees, and Commission
in
the Department of Health and Human Services
(DHHS). This is a subset of all County Boards, Committees and Commissions.
At this session, the Committee will have an opportunity
to
review information on
different provisions in the laws creating 15 Boards, Committees, and Commissions that are
 PDF to HTML - Convert PDF files to HTML files
housed in DHHS. The Committee will hear from the Commission on People with Disabilities
about its specific request The Committee will be able
to
discuss with Ms. Ahluwalia, Ms.
Wenger, and
Mr.
Lattner some of the broad issues around different levels of authority and the
need
to
coordinate with the Office ofIntergovernmental Relations any advocacy that goes
beyond the Executive, Council, and DIDIS.
Council staffhas informed the Chairs of the 15 Boards, Committees, and Commissions
about
this
session, that this is an information and discussion session, and that they may follow-up
in writing if they have comments
(this
will allow the other Boards, Committees, or Commissions
to have an opportunity to discuss these issues if they wish.)
Overview Materials
Attached at 0 K-P is a summary table prepared by Council staff that provides excerpts
from the authorizing laws for each Board, Committee, or Commission. The laws are also
attached to this memo at 01-52.
In addition, attached at 0 A-D is a
2007
memo from County Attorney (then Deputy
County Attorney) Hansen regarding the authority ofBoards, Committees, and Commissions
to
lobby, advise,
and
educate. Some points included in the memo:
• A committee must look
to
the document creating the committee to determine
if
the
committee's mission includes the authority to lobby, educate, or advise.
• "Lobbying means any attempt to influence any legislative, executive, or administrative
action by a County agency." (County public ethics law) Education is intended to develop
knowledge through a systemic study of a matter. Unlike lobbying, education contains no
specific intent
to
persuade a decision maker to undertake a certain course of action.
• A committee is lobbying if it is engaged in an activity that is intended to influence a
decision maker
to
take a pre-detennined course of action. A committee that is authorized
to
advise or educate should stop short of engaging
in
a campaign to pressure the decision
maker into undertaking a course ofaction advocated by the committee. The line between
advice
and
lobbying may be difficult to discern...A committee that engages in an
advisory role should respect the right of a decision maker
to
arrive at a different
conclusion.
• As
long as it is clear that a committee member is acting
in
their personal capacity, no
committee member is precluded from contacting government officials to urge action on a
matter ofpublic importance.
.
• Even committees that have been authorized to lobby the State and federal government
must coordinate their efforts through the Office of Intergovemmental Relations (OIR).
2
 PDF to HTML - Convert PDF files to HTML files
There Are
Many
Differences
in
the Laws Creating Boards, Committees, and Commissions
The HHS Committee will see that there are many differences in the authorizing language
for the DiniS Boards, Committees, and Commissions. Regarding membership. there are a range
of sizes and rules about whether ex-officio members are voting or non-voting. There are
differences in the
minimum
number of meetings that must be held
in
a year, some
6,
some
8,
and
some
9.
The Commission on Juvenile Justice specifies there must be one meeting held within
60
days ofanother.
(It
is a common practice for DHHS Board, Committees, and Commissions to
not meet in August or December.) There are some unique provisions such one for
the
Community Action Agency that says it must not participate
in
partisan political activities or
sectarian activities. However, the Community Action Agency, unlike other boards, is a conduit
for funding for programming.
With regard to lobbying, advocacy,
and
education the differences can most often be seen
in the duties and with regard to whom the
Board.
Committee, or Commission distributes its
annual report.
For example:
• The
Commission
on
Aging is to advise and counsel the resident ofthe County, County
Council, County Executive, and various department of the County, State, and federal
governments. This is perhaps the broadest authority.
• The Commission on Children and Youth is to advise the County Council, County
Executive, DInlS, and the Board of Education.
• The Commission on Juvenile Justice is to advise the Circuit Court, the Council and the
Executive and inform State legislators about juvenile needs.
• The Mental Health Advisory Committee cannot lobby or advocate beyond the Council
and
Executive, but the
law
specifies that its annual
report
is to be disseminated to the
Secretary ofthe Department ofHealth and Mental Hygiene,
the
Mental Hygiene
Administration's Regional Director,
and
the Maryland Advisory Council on Mental
Hygiene.
In reality, there is often communication with
staff
from other County and State agencies
as most boards have representatives as a part oftheir membership. For example, the Commission
on Child Care has representatives from the Superintendent of Schools, Chairman of the
Montgomery County Planning Board, and the President ofMontgomery College. However, this
does not allow direct communication between the
board
and the elected officials ofthe outside
agencies or
the
members of the General Assembly.
Two ofthe most recent commissions,
the
Commission on Veterans Affairs (2008) and
Interagency Commission on Homelessness (2014) have very specific language saying they must
3
 PDF to HTML - Convert PDF files to HTML files
not engage in any advocacy activity at the state or federal levels unless
that
activity
is
approved
by OIR. This language is stricter than a requirement
to
coordinate with OIR.
Some boards serve dual purposes. The Commission on Children and Youth is Children's
Council required in Maryland Code. The Interagency Commission on Homelessness is the
Executive/Policy Committee ofthe Continuum of Care, as required by federal Department of
Housing and Urban Development The Citizen Review Panel implements State law regarding
local cjtizen review boards.
Request and Comments from Commission on People with Disabilities
Attached at
C
E-F are comments from Dr. Morgan and at
C
O-J from Ms. Hartung.
Dr.
Morgan, is requesting the Commission's law be changed to allow advocacy at the State
and
federal level because the issues facing the disabled are not limited
to
the County level and are
more and more a function of State and federal programs, such as Medicaid. Dr. Morgan notes
the variety ofprovisions for different Boards. Committees, and Commissions.
Ms.
Hartung
notes that the resolution regarding Resource Coordination (now Coordination of Community
Resources) was successful due
to
informal work with members from the Developmental
Disabilities Administration and that primary funding for this population is from the Community
Pathways Waiver. She also notes the need to address the State of Maryland's
waiting list
for
services.
CouncH staff respectfully disagrees with Dr. Morgan' s comment that there seems to be a
pattern that those groups unable
to
self-advocate are represented by Boards, Committees, and
Commissions, that are not allowed
to
lobby on their own behalf. Council staffbelieves it is more
a function of when the group was created and the specific circumstances
being
discussed at the
time.
As
previously noted, two ofthe most recently created groups, the Commission on Veterans
Affairs and the Interagency Commission on Homelessness, have the same language (no
advocacy at State or federal level unless approved by OIR). Homeless people, particularly the
chronically homeless, are not a group that is generally successful at self-advocacy.
Questions to Consider
As
the HHS Committee considers the request from the Commission on People with
Disabilities or any other changes to authorizing law, it may want to consider the following.
• How does coordination with the Office ofIntergovernmental Relations generally occur?
Is it different when there is a request to advocate
at
the State level and the federal level?
• What happens if a commission with the authority to advocate wants to testify with a
position or concern that is different
than
the position taken by the County?
• What
happens ifa commission with authority to advocate wants to
testify
on legislation
where the County is taking no position?
4
@
 PDF to HTML - Convert PDF files to HTML files
• If a commission does Dot have the authority to advocate
at
the State or federal level and .
the County
thinks
there would be a benefit to having the Commission testify, is it allowed
to?
• Is the most recent language
that
prohibits advocacy at the State or Federal level unless it
is approved by OlR a reasonable standard? Would this include being able to meet with
individual elected officials or their
staff?
• Many commissions also have duties
to
make recommendations on budget, policies, or
programs. This could
be
considered something stronger
than
advising. Could a
commission correspond with an elected official
at
the State or federal level to
"expl~"
its recommendation?
F:mcmiIlanlHHSlDHHS BCC Advocacy
Memo
5