Expedited Bill No.
40-15
Concerning: Economic Development -
Development
Workforce
Amendments
Revised: September 25. 2015 Draft No.§
Introduced:
September 29. 2015
Enacted:
October 13. 2015
Executive:
October 18. 2015
Effective:
October 18. 2015
Sunset Date:
~No"'""n=e
_ _ _ _ __
Ch .
....§.____,
Laws of Mont. Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
(2)
(3)
authorize the Council to designate a non-profit corporation as the County's workforce
development organization;
assign certain duties to that workforce development organization; and
generally amend the economic development laws.
By amending
Montgomery County Code
Chapter 30B, Economic Development Corporation
Sections 30B-l, 30B-2, and 30B-4
By adding
Montgomery County Code
Chapter 30B, Economic Development Corporation
Sections 30B-8, 30B-9, 30B-10, 30B-11, 30B-12, 30B-13, and 30B-14
Boldface
Underlining
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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 W'lqfjected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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ExPEDITED BILL NO.
40-15
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Sec 1. Sections 30B-1, 30B-2 and 30B-4 are amended as follows:
Chapter 30B Economic Development [Corporation].
Article I. Economic Development Corporation
30B-1. Policy objectives.
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30B-2. Designation.
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(a)
The County Council must designate, by resolution approved by the
County Executive, a single nonprofit corporation which complies with
all the requirements and criteria of this [Chapter] Article as the
Montgomery County Economic Development Corporation. If the
Executive disapproves the resolution within 10 days after receiving it,
the Council may readopt the resolution with at least 6 affirmative votes.
(b)
To continue to qualify as the County's Business Economic
Development Corporation, the Corporation's articles of incorporation
and bylaws must comply with all requirements of this [Chapter] Article.
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30B-4. Status; incorporation; bylaws.
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(a)
To qualify as the County's Economic Development Corporation, the
Corporation's articles of incorporation must provide for the
appointment of the members of its board of directors as set forth in this
[Chapter] Article. The articles of incorporation must also provide that
the Corporation is:
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(b)
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The Corporation's bylaws may contain any provision necessary to
govern and manage the Corporation that does not conflict with this
[Chapter] Article. The Corporation may exercise all powers and is
subject to all requirements which apply to non-stock corporations under
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ExPEDITED BILL
No. 40-15
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the Corporations and Associations Article of the Maryland Code.
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14 are added as follows:
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Sec 2. Sections 30B-8, 30B-9, 30B-10, 30B-11, 30B-12, 30B-13, and 30B-
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Article II. Workforce Development
30B-8. Policy objectives.
.{fil
The success of Montgomery County's economic development goals is
dependent upon
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comprehensive and demand-driven system of
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workforce development that:
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.{Q}
meets the talent attraction, development, and retention needs of
strategic industries;
meets the needs of the underemployed and unemployed; and
develops career pathways that lead to sustainable wage jobs to
support~
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thriving economy.
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To achieve these goals, the County Government may designate
nonprofit corporation as the County's Workforce Development
Corporation to implement the County's workforce development
policies established
:by
the Workforce Development Board.
30B-9. Designation.
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The Council must designate,
:by
resolution approved
Qy
the Executive,
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single nonprofit corporation which complies with all requirements of
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this Article as the County's Workforce Development Corporation. If
the Executive disapproves the resolution within 10 days after receiving
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the Council may readopt the resolution with at least
.Q
affirmative
votes.
.{Q}
To continue to qualify as the County's Workforce Development
Corporation, the Corporation's articles of incorporation and bylaws
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EXPEDITED BILL NO.
40-15
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must comply with all requirements of this Article.
.(£}
Any designation under this Section expires at the end of the fifth full
fiscal year after the resolution is adopted unless the Council extends the
designation
:Qy
adopting another resolution under this Section.
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The Council at any time may suspend or revoke the designation of£!:
corporation as the County's Workforce Development Corporation
:Qy
resolution, adopted after at least
.li
days public notice that is approved
:Qy
the Executive, or, ifthe Executive disapproves the resolution within
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I 0 days after receiving
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is readopted
:Qy
£!: vote of at least
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Councilmembers.
30B-10. Board of Directors.
.{fil
The president of the Workforce Development Corporation must serve
as the executive director of the County's Workforce Development
Board and the staff of the Workforce Development Corporation must
also staff the County's Workforce Development Board.
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Each voting member must be either£!: resident of the County
or~
senior
manager
in~
for-profit or nonprofit entity that has a significant presence
in the County.
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.(£}
A member must not be paid for service on the Board, but may be
reimbursed for necessary travel expenses.
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A member is not subject to Chapter 19A because of serving on the
Board. The Workforce Development Corporation's bylaws must
protect against any conflict of interest or similar impropriety
:Qy
members of the Board of Directors or the Executive Director or any
other employees. The bylaws must include:
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prohibition against
self-dealing and collusive practices;
£!: provision for the disclosure
of~
financial or similar interest of
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ExPEDITED BILL
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any person in any matter before the corporation that would create
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conflict of interest;
provision establishing conditions under which
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person is
disqualified from participating in decisions or other actions in
which there is
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conflict between the person's official duties and
private interests;
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appropriate remedies for
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violation of the bylaws, including
removal or termination; and
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policy to protect whistleblowers.
or~
Notwithstanding any inconsistent provision of County Code Section
19A-21,
~member
of the Board of Directors
staff member of the
Workforce Development Corporation who engages in legislative,
administrative, or executive advocacy as part of that person's duties is
not required to register
as~
lobbyist under Article V of Chapter 19A
because of that advocacy.
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The Board must direct the program, management, and finances of the
Workforce Development Corporation.
30B-11. Status; incorporation; bylaws.
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To qualify as the County's Workforce Development Corporation, the
Corporation's articles of incorporation must provide that the
Corporation is:
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Maryland nonprofit, non-stock corporation, the purposes and
activities of which are limited to those that are permitted to be
promoted or performed
.Qy
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corporation that is recognized as
exempt from federal income tax under 26 U.S.C .
.§.
501, as
amended;
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not an instrumentality of the County;
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EXPEDITED BILL
No. 40-15
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incorporated for the purpose of serving as the County's
Workforce Development Corporation and implementing the
County's workforce development policies, as established by the
Workforce Development Board;
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(b)
organized and operated under the laws of the State of Maryland;
and
headquartered in the County.
The Workforce Development Corporation's bylaws may contain any
provision necessary to govern and manage the Corporation that does
not conflict with this Article. The Corporation may exercise all powers
and is subject to all requirements which apply to non-stock corporations
under the Corporations and Associations Article of the Maryland Code.
30B-12. Workforce development program.
(ill
The Workforce Development Corporation's Board of Directors must
recommend workforce
development programs
and
associated
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performance measures to the Executive, Council, and Workforce
Development Board each year to advance the policy objectives listed
in Section 30B-8.
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The Workforce Development Corporation's workforce development
programs may include
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plan for sponsorship of private investment,
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marketing, and advocacy initiatives.
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The Workforce Development Corporation's Board and staff must meet
with the Executive, the Council, and the Workforce Development
Board at least annually regarding the Workforce Development
Corporation's activities and finances.
30B-13. Staff; support from County Government.
(ill
The Office of Management and Budget, the Department of Finance, and
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other departments of County government and County-funded agencies,
if the Workforce Development Corporation's Board of Directors
requests, should provide relevant economic data to the Corporation.
The research division of the County Planning Board must provide
research support to the Corporation to the extent approved by the
Council as part of the Planning Board's work program.
.{hl
The Workforce Development Corporation may raise public and private
funds and may accept services from any source consistent with its
purposes.
.(£}
The Workforce Development Corporation must:
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make public data sets available on the web to:
(A)
improve public knowledge of the Corporation and its
operations;
all
.(Q
further its mission; or
increase its accountability and responsiveness; and
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provide the Executive, the Council, and the Workforce
Development Board, upon request, all non-confidential data
produced and received
.Qy
the Corporation, including research,
economic data, and minutes of Board meetings.
30B-14. Report.
The Workforce Development Corporation's Board of Directors must report
annually on the activities and finances of the Corporation and provide an audited
financial statement of the Corporation to the Executive, the Council, and the
Workforce Development Board by November
1
of each year. The report must also
include the Corporation's plan to solicit and receive additional public and private
funding for its operations.
Sec. 3.
Expedited Effective Date.
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EXPEDITED BILL NO.
40-15
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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.
Approved:
George Leventhal, President, County Council
Date
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Approved:
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;. .M~ t" "'eJ~B. .L.r.: : :5:. _
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Date
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
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