Agenda Item 6
March 17,2015
Public Hearing
MEMORANDUM
March 13,2015
TO:
County Council
FROM:
Robert H. Dnnnmer, Senior Legislative Attorney
ituQ
SUBJECT:
Public Hearing:
Expedited Bill to-15, Personnel - Veteran Hiring Preference
Public Safety Position
Expedited Bill 10-15, Personnel - Veteran Hiring Preference Public Safety Position,
sponsored by the Council President at the request of the County Executive and Councilmember
Katz, was introduced on March 3,2015. A joint Government Operations and Fiscal PolicylPublic
Safety Committee worksession is tentatively scheduled for April 2, 2015 at 9:30 a.m.
Bill 10-15 would establish a hiring preference for a qualified veteran or a veteran with a
disability who applies for a uniformed public safety position.
It
also requires the Executive to
adopt regulations implementing this hiring preference. The Executive attached a draft: regulation
that would implement this law. See ©9-12.
The current law already requires priority consideration for a veteran or a veteran with a
disability who applies for a merit position and is rated in the highest rating category. Bill 10-15
would provide a point preference for a veteran or a veteran with a disability who applies for a
uniformed public safety position without requiring the applicant to be rated in the highest rating
category. The Bill would continue to require priority consideration for a veteran or a veteran with
a disability
who
applies for a merit position that is not a uniformed public safety position.
This packet contains:
Expedited Bill 10-15
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact statement
Draft: Regulation
Circle
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5
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Expedited Bill No.
_~1=0-:--1=5,------:-:-:-:-_
Concerning: Personnel - Veteran Hiring
Preference - Public Safety Position
Revised: March 11.
2015
Draft No.
_3_
Introduced:
March
3. 2015
Expires:
September
3.2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ....!N....,o"-'-'n=e_ _ _ _ __
ChI _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive and Councilmember Katz
AN EXPEDITED ACT
to:
(1)
establish a hiring preference for a qualified veteran or a veteran with a disability
who applies for a uniformed public safety position;
(2)
require the Executive to adopt regulations implementing this hiring preference; and
(3)
generally amend the merit system law governing competitive hiring for merit
system positions.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 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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ExPEDITED BILL
No.
10-15
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Sec.
1.
Sections 33-7 is amended as follows:
33-7. County Executive and Merit System Protection Board responsibilities
*
(d)
*
*
*
*
Hiring persons with disabilities.
*
(3)
Competitive appointment.
(A) Except as provided in Subsection
~
[The] 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 of
preference:
(i)
an employee who is unable to perform the
employee's job because of a disability or injury
under the ADA;
(ii) an employee subject to reduction-in-force;
(iii)
an employee who was granted a temporary
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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) a veteran with a disability;
(v) an equal preference for a veteran without a
disability and a non- veteran with a disability.
(B) This regulation must only apply the preference
ill
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Subparagraphs (A)(iv) and (A) (v) [to] for the initial
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o
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ExPEDITED BILL
No. 10-15
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appointment Of!! qualified [a] person to !! merit system
position who is among the highest rating category in a
normal competitive process.
*
W
*
*
Hiring Veterans for Uniformed Public Safety Positions.
ill
Findings.
(A)
Veterans, particularly those returning from combat in Iraq and
Afghanistan, suffer from !! high unemployment rate.
all
The skills and experience gained
J2y
veterans while in the
military are helpful assets for serving in uniformed public
safety positions.
ill
Regulation. The Executive must establish
J2y
personnel regulation,
under Method
ill
standards for !! hiring preference point system for
the initial appointment of!! qualified veteran who applies for !! merit
uniformed public safety position in !! normal competitive process.
These standards must:
®
define !! veteran as !! person who was honorably discharged or
released from !! branch of the United States armed services after
at least 180 days of active military duty other than for training;
all
define!! veteran with !! disability as !! veteran rated
J2y
the
Department of Veterans Affairs with !! compensable service­
connected disability of 30 percent or more;
{Q
define
!!
uniformed public safety position as a:
ill
(ii)
(iii)
(iv)
police officer;
fire fighter/rescuer;
deputy sheriff; or
correctional officer; and
C9
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IS I
0 Personnel·Veteran Hiring Preference·PS Position\BiII 3.Doex
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exPEDITED BILL
No. 10-15
55
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(D)
[(e)]
ill
give preference points for
!!
veteran and additional preference
points for
!!
veteran with
!!
disability.
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[(t)]
(g)
[(g)]
(hl
ill
[(i)]
ill
[(h)]
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Sec. 2.
Short Title
This Act may be cited as the "Veterans in Public Safety Employment Act."
Sec. 3. 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 on which it
becomes law.
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Approved:
George Leventhal, President, County Council
Date
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73
Approved:
Isiah Leggett, County Executive
Date
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75
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Expedited Bill 10-15
Personnel- Veteran Hiring Preference
-
Public Saftty Position
DESCRIPTION:
The legislation streamlines the hiring process by converting the
hiring preference for veterans and veterans with a disability who
apply for a County merit uniformed public safety position in a
normal competitive process from priority consideration to a
numeric point system.
It
provides greater benefit to veterans since
veterans do not need to be in the highest rating category to receive
the preference points.
Veterans, particularly those returning from combat in
Iraq
and
Afghanistan, suffer from a high unemployment rate. The skills and
experience gained by veterans while in the
military
make them well­
suited for uniformed public safety positions. The current system of
hiring preference which provides priority consideration for
veterans who apply for uniformed public safety positions has been
cumbersome for public safety departments to administer and has
resulted in lengthy delays in filling these positions.
This legislation will both simplify the process and assist more
veterans in obtaining uniformed public safety jobs.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION: Office of Human Resources
FISCAL IMPACT: Office of Management and Budget
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Office of Management and Budget
N/A
N/A
Stuart Weisberg, Office of Human Resources (x.75154)
N/A
N/A
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"
OFFICE OF THE COUN'IY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
December 8,2014
TO:
FROM:
SUBJECT:
George Leventhal, President
Montgomery County Council
Isiab
Legget4
County
ExecutiVe-Or~ ~-
)~
Expedited Bill to Convert Hiring Preference Given to Eligible Veterans Who
Apply for Uniformed Public Safety Positions from Priority Consideration to a
Numeric Point System
I am attaching for Council introduction an Expedited Bill, the Veterans
in
Public
Safety Employment Act, to convert the hiring preference given to eligible veterans who apply for
County merit uniformed public safety positions in a normal competitive process from priority
consideration to a numeric point system.
The purpose of this bill is to both simplify the hiring process as well as to assist
more veterans in obtaining uniformed public safety jobs. Veterans, particularly those returning
from combat
in
Iraq and Afghanistan, suffer from a high unemployment rate. The skills and
experience gained by veterans while in the military make them well-suited for uniformed public
safety positions. This bill provides greater benefit to veterans than the present system since
veterans do not need to be in the highest rating category to receive the preference points.
I
am also attaching for your information a draft copy of an Executive Regulation
that
describes how this bill would be implemented if enacted by the Council.
Attachments
IL: sw
montgomerycountymd.gov/311
, 3'
'
t<!,-'
'?-"'-~
240-773-3556 TTY
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i
. !
Fiscal Impact Statement
Council Bill
XX-14
Personnel- Regulations - Veterans - Veterans with Disabilities­
Hiring Preference Points - Uniformed Public Safety Positions
I. Legislative Summary.
This proposed legislation would convert the hiring preference for veterans and veterans
with disabilities who apply for a County merit uniformed public safety position in a
normal competitive process from priority consideration to a numeric point system. This
would provide a greater benefit to veterans since veterans do not need to be in the highest
rating category to receive the preference points. This would simplify the process for both
the employer and candidates by allowing for a single round of interviews, rather
than
interviewing the hiring preference candidates prior to those in the highest rating category.
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.
This proposed legislation would require adjustments to the County's on-line employment
application management system. The Enterprise Resource Planning (ERP) Office and
Office of Human Resources (OHR) estimate that the changes to the system would require
approximately 308 hours ofERP functional, technical expert, and OHR subject matter
expert
staff
time, at an estimated cost of $39,300 but that the costs will be absorbed by
the departments. This
total
does not reflect OHR Recruitment and Selection's ongoing
cost to complete the numeric point system assessments during individual recruitments.
The change
to
a numeric point system is estimated to be an increase in effort that is not
significant.
This proposed legislation would have no impact on revenues.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The estimated cost of$39,300is one-time only.
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.
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6.
An
estimate ofthe staff time needed to implement the bill
ERP and OHR estimates that the changes necessary to implement the bill would require
approximately 308 hours ofstaff time. This total does not reflect ORR Recruitment and
Selection's ongoing cost to complete the numeric point system assessments during
individual recruitments. The change to
a
numeric point system
is
estimated to be
an
increase in effort that is not significant.
.
7.
An
explanation of how the addition of new staff responsibil.ities would affect other
duties.
The required implementation time would be prioritized within the current staff workload.
8.
An
estimate of costs when an additional appropriation is needed.
No additional appropriation is needed:
9. A description of any variable that could affect revenue
~d
cost estimates.
If
the programming .changes prove to be more complex than estimated, additional staff
time could be required. The impact ofthis would likely be the delay of other projects.
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not applicable.
.
11. H a bill is likely to have no fiscal impact, why that is the case.
Not applicable.
.
.
12. Other fiscal
~pacts
or comments.
Not applicable.
13. The following contributed to and concurred with this analysis:
Lori O'Brien, Office of
Human
Resources
Corey Orlosky, Office ofMf;Illagement and Budget
.
.
e Director
ent and Budget
Date
I
8
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Hiring Preference Points for Veterans Who Apply for Uniformed
Public Safety Positions
Office of Human Resources
xx-14
Hiring Preference Points for Veterans Who
Apply
for Uniformed
Public Safety Positions
Executive Regulation No. xx-14
Issued by: County Executive .
Supersedes: Executive Regulation No. 3-10
Authority: Montgomery County Code, 2004, §33-7(b)
Council review: Method 1
Montgomery County Register
Volume 31, Issue xx
Comment deadline:
Effective date: _ _ _ _ _ __
Summary:
This regulation implements Expedited Bill No. xx-14, the Veterans in Public
Safety Employment Act enacted by the Council on
2014.,The
regulation amends Section 6 of the 2001 Montgomery County Personnel·
Regulations by converting the hiring preference given to eligible veterans who
apply for County merit uniformed public safety positions in a normal competitive
process from priority consideration to a numeric point system.
Office of
Human
Resources, Executive Office Building, 7th Floor
101 Monroe Street, Rockville, Maryland 20850
Address for
comments
Staffcontact: Stuart Weisberg, 240-777-5154, or stuart.weisberg@montgomerycountymd.gov
Please use the key belgw when reading this regulation:
Boldface
Heading or defined term.
Underlining
Added to existing regulation
by
proposed regulation.
[Single boldface brackets]
Deleted
from
existing regulation by proposed regulation.
Double undedining
Added by amendment.
[[Double boldface brackets]]
Deleted
from
existing or proposed regulation by amendment.
* * *
Existing language unchanged by executive regulation.
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Hiring Preference Points for Veterans Who Apply for Uniformed
Public Safety Positions
Office of Human Resources
xx-14
SECTION 6. RECRUITMENT AND APPLICATION RATING PROCESS
*
6~
12.
*
*
Hirinl! preference points for initial appointment to a County merit uniformed
public safety position.
00
Definitions
ill
Hiring preference points:
Numeric points that are added to the passing
. examination score, or interview rating total. of eligible applicants who
apply for County merit positions as uniformed public safety officers in a
normal competitive process. When the scoring system for examinations
and interviews provides for a maximum score ofother than 100, the
numeric points to be added will be based on a percentage ofthe maximum
score. This will enable the preference points to carry egual weight
regardless ofthe position applied for.
m
ill
Unitormed public safety position:
Police officer, firefighter/rescuer,
correctional officer, or deputy sheriff.
Veteran:
A person who:
(A)
was honorably discharged or released from a branch of the United
States armed services after at least 180 days ofactive
militaty
duty other than for training;
!ID
was not granted a normal retirement from the United States armed
services; and
(Q
has not already used veteran's credit to receive priority
consideration or preference points for; appointment to a
County merit position.
(4)
Veteran
with
a disabilitv:
A person who:
.cAl.
meets the definition of veteran contained
in
(3)
above; and
2
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Hiring Preference Points for Veterans Who Apply for Uniformed
Public Safety Positions
Office
of Human Resources
xx-14
an
.au
is rated by the Department ofVeterans Affairs with a compensable
service-connected disability of 30 percent or more•
To receive hiring preference points for a uniformed public service position under
this section, an eligible applicant must apply for the preference on the application
form and must provide the necessary certification or documentation within 14
calendar days after it is requested by OHR.
.cru
Allocation orhiring preference points
ill
veterans with disabilities receive 10 points or 1
(j
percent, whichever is
is applicable: and
@
veterans without disabilities receive 5 points or 5 percent, whichever is
applicable; and
..@ ,
Application orhiTing preference points to selection process
ffi
Hiring preference points under this section may be used by an applicant
to apply for multiple County uniformed public safety positions.
If
an
applicant obtains an appointment to a County uniform public safety merit
position using the preference points, the points cannot be used again.
ill
Preference points cannot
be
used
to
help an applicant meet the minimum
qualifications for a uniformed public safety merit position,
ill
Preference points cannot
be
used to help an applicant achieve a passing
score on an examination. Ifa written or oral examination is required for the
position, an applicant must achieve a passing scOre before any preference
points can be added.
®
Where the deparbnent selection process is based solely on a written or oral
examination score, the points are added to the applicant's passing
examination score.
m
Where the department selection process requires an applicant
to
take a
pass/fail examination and all applicants who pass the exam are then
3
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Hiring Preference Points for Veterans Who Apply for Unifonned
Public Safety Positions
Office of Human Resources
xx-14
interviewed, the points are added
to
the interview score.
[6-12]
6-13. Selection process•.
[6-13]
...
...
...
...
...
...
6-14. Appeals
by
applicants.
Approved:
Isiah Leggett, County Exeputive
Approved as
to
fonn and legality:
lVlU
Office of the County Attorney
Date
a
-r.
uJ
~
11II1IJ4
Date
4