GO Item 4
April 4, 2016
Worksession
MEMORANDUM
March 31,2016
TO:
FROM:
Government Operations and Fiscal Policy Committee
Robert H. Drummer, Senior Legislative Attorney
SUBJECT:
Worksession:
Bill 3-16, Administration- Boards, Committees, and Commissions
General Amendments
Bill 3-16, Administration
Boards, Committees, and Commissions - General
Amendments, sponsored by Lead Sponsor Government Operations and Fiscal Policy Committee,
was introduced on March 1, 2016. A public hearing was held on March 22.
Bill 3-16 would:
• defme a board, committee, commission, and task force;
• require an Evaluation and Review Committee to be appointed every 5 years; and
• establish a standard due
date
for annual reports from a board, committee, commission,
and task force.
Background
County Code §2-146(c) requires the Executive to appoint, subject to Council confirmation,
a citizens review committee to "review the committee system and each then-existing committee
and report to the Executive and Council its recommendations for changes in individual committees
and the committee system as a whole." The most recent Committee Evaluation and Review Board
(CERB) was appointed on March 6, 2012 and issued its final report to the Council and the
Executive on September 30, 2013. A copy of the report can be viewed at:
https://wv"w .montgomerycountvmd.govlboardslResources/Files/20-CERB-REPORT-2013 .pdf.
The CERB visited and reviewed the operation of 87 boards, committees and commissions
(BCC) supporting the County government. The CERB made various recommendations that would
require a change in County law to implement. Some of these recommendations were general
changes that would apply to each BCC and some were specific to certain BCC's. Bill 3-16 would
amend County law to implement the general changes affecting each BCC recommended by the
CERB.
The CERB presented its report to the Council on January 31, 2014. The Council's
Government Operations and Fiscal Policy Committee held a worksession to discuss the CERB
report and recommendations on March 17,2014.
 PDF to HTML - Convert PDF files to HTML files
The Changes in the Bill
1.
Change current law to set a universal date by which annual reports are due.
The Bill sets a November 30 date for an annual report if no other date is established in law
as recommended by CERB. See lines 61-70 at ©4.
2.
Amend §2-142, Montgomery County Code, to include defmitions of the
various appointed bodies using the Maryland Municipal League definitions.
The Maryland Municipal League (MML) definitions for a board, commission, committee,
and task force are set forth in the CERB Report at p.13. Code §2-142(b) currently defines a
committee as any "board, committee, commission or similar body established by county law,
resolution or executive order, which functions as a part ofthe county government." The Code uses
the term "committee" to refer to all of them. This was likely done for ease of reference when
drafting general provisions applying to all BCe's. The CERB recommended that each term be
given a unique definition and each BCC
be
classified as either a board, commission, committee,
or task force.
1
The Bill inserts these definitions, but also includes a grandfather clause that would not
require renaming existing groups. It would be expensive to classify and rename most of the
existing groups for little gain. For example, each group may need new printed stationary. In
addition, the distinctions between the various classifications are often difficult to apply and subject
to interpretation. The authority ofa group is established in the law or resolution creating it, not in
the name it is given. Since the Bill would include a definition of committee that does not include
a board, commission, or task force, the Bill replaces the term "committee" with the generic term
"group" when referring to all BCC' s.
3.
Amend the Montgomery County Code to require that a CERB be appointed
every five years rather than the current ten.
Code §2-146(c)(2) requires the appointment of a new CERB every 10 years. The CERB
recommended reducing the time between CERB appointments to 5 years. The Bill makes this
change on line 48 at ©3.
Public Hearing
Bruce Goldensohn, CERB Chair, supported the Bill.
Mr.
Goldensohn suggested the CERB
be appointed every 6 years instead of every 5 years required in the Bill. Paul Bessel supported the
Bill and suggested that the Bill be amended to require training for each BCC member. See ©7-8.
Issues
1.
Should the Executive appoint a new CERB every 5 years?
I
The CERB did not attempt to classifY each ofthe 87 BCC's according to the recommended MML definitions.
2
 PDF to HTML - Convert PDF files to HTML files
Current law requires the Executive to appoint a new CERB every 10 years. The Bill would
shorten this time frame to 5 years based upon the CERB report. The most recent CERB was
appointed in 2012, issued its final report in September 2013, and presented its fmdings to the
Council in January 2014. Based on a 5-year schedule, a new CERB would be reviewing BCC's
beginning in 2017 less than a year after the recommendations ofthe last CERB were implemented.
1bis schedule seems too short. A 6-year schedule would provide more time to implement and
analyze changes.
Council staff recommendation:
if the Committee believes the 10-year time
period should be shortened, a 6-year schedule would be preferable.
2. Should the Bill institute a naming regimen for BCCs based upon the Maryland Municipal
League dermitions?
Code §2-142(b) currently defines a committee as any "board, committee, commission or
similar body established by county law, resolution or executive order, which functions as a part of
the county government." The Code uses the tenn "committee" to refer to all of them. This
was
likely done for ease of reference when drafting general provisions applying to all BCC's. The
CERB recommended that each tenn
be
given a unique defmition and each BCC be classified as
either a board, commission, committee, or task force.
Although distinguishing authority and purpose between BCCs by using a strict naming
regimen sounds like it would help clarify duties and responsibilities, it could also cause some
confusion. For example, the Ethics Commission would fit the definition of both a board and a
commission. The Ethics Commission is a fonnal group with structure, duties and powers
established by law.
It
can adopt regulations and perfonn a quasi-judicial function. This would
appear to classify it as a board. However, the Ethics Commission is also appointed with a specific
function and makes recommendations to the Executive and Council as a commission. Once this
change takes effect, would the classification of a group define the limits of its authority? Could
someone challenge a group's authority by pointing to its classification?
Council staff
recommendation:
do not mandate the classification of each BCC into the MML definitions. The
authority and duties of each BCC is established in the law, regulation, or resolution creating it.
However, if the Committee decides to implement the MML definitions in the law, the Bill
would need some further amendments to replace the tenn "committee" with "group" in some
additional sections ofthe Code. See staff amendment 1 at ©9-12.
3. Should the Bill be amended to require training for all BCC members?
Paul Bessel requested amendments to the Bill to require training for all BCC members.
See ©7-8.
Mr.
Bessel requested 5 different types oftraining: 1) any training that the group requires
of persons they regulate; 2) substantive training on the laws that the BCC administers; 3) training
on how to chair or be a member ofa BCC; 4) the Maryland Attorney General's online open meeting
act training; and 5) training on parliamentary procedures for meetings.
There are 87 different BCCs. Some training might be helpful for some BCCs, but not
others. A one-size fits all training requirement would inevitably not fit everyone. The CERB
reviewed all 87 existing BCCs and did not make this recommendation. Training can be offered to
3
 PDF to HTML - Convert PDF files to HTML files
members on a voluntary basis without an amendment to the Bill.
2
Mandatory training creates new
issues about how to enforce
it.
Is a member who fails to complete mandatory training
automatically dropped from the BCC? Does a vote by that member count? Can the BCC have a
quorum if one or more members necessary for a quorum failed to complete mandatory training?
Council staff recommendation:
do not amend the Bill to establish mandatory training for all
BCC members.
This packet contains:
Bill 3-16
Legislative Request Report
Testimony of Paul Bessel
Staff Amendment 1
F:\LAW\BILLS\1603 Bds
&
Comm - Gen\GO Memo.Docx
Circle
#
1
6
7
9
2
CERB Chair Goldensohn suggested voluntary training, where applicable, could be offered without an amendment
to the Bill during the public hearing.
4
 PDF to HTML - Convert PDF files to HTML files
Bill No.
3-16
Concerning: Administration - Boards,
Committees, and Commissions ­
General Amendments
Revised: January 21,2016 Draft No._1
Introduced:
March 1,2016
Expires:
September 1, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
---'-!.No""n..:.::e~
_ _ _ _ __
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Government Operations and Fiscal Policy Committee
AN ACT
to:
(1)
(2)
(3)
(4)
define a board, committee, commission, and task force;
require an Evaluation and Review Committee to
be
appointed every 5 years;
establish a standard due date for annual reports from a board, committee, commission,
and task force; and
generally amend the law governing the appointment and operation of boards,
committees, commissions, and task forces that operate as part of the County
government.
By amending
Montgomery County Code
Chapter 2, Administration
Sections 2-142, 2-146, and 2-147
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:
 PDF to HTML - Convert PDF files to HTML files
BILL No. 3-16
1
2
Sec.
1.
Sections 2-142,2-146, and 2-147 are amended as follows:
2-142. Definitions.
[(
a)]
3
4
The following terms wherever used or referred to in this article shall have
the following meanings:
5
6
7
Board
means
~
semi-autonomous body established by federal, state or
county law. A board is
~
formal committee with structure, duties and
powers established by law. A board usually performs
function, licensing, or regulation.
~
quasi-judicial
8
9
Commission
means
~
body established by local law to study and
~
10
11
12
recommend action
to
the Executive or the Council. A commission is
formal, standing committee with structure, duties and powers established
by law. A commission often has an administrative or functional
responsibility, such as reviewing land use plans or studying the supply of
low and moderate priced housing.
[(b)]
Committee
[:
Any board, committee, commISSIOn or similar body
established by county law, resolution or executive order, which functions
as a part of the county government] means
~
13
14
15
16
17
18
19
body appointed with
~
specific task or function. A committee makes recommendations and
forwards them for appropriate action. A committee is advisory
in
nature
and can be either
~
formal (standing) committee established by law or
resolution, or an informal (ad hoc) committee. A committee may oversee
and advise in service areas, such as housing and transportation, or it may
advise the Executive or Council on specific issues and recommend policy
direction..
[(c)]
Compensation
[:
Payment] means payment for services rendered as a
committee member;
it
shall not include reimbursement for actual
expenses incurred as a committee member.
f:\law\bills\1603 bds
&
comm • genlbill 1.docx
20
21
22
23
24
25
26
27
 PDF to HTML - Convert PDF files to HTML files
BILL NO. 3-16
28
29
30
Group
means any board, committee, commission, task force, or any
similar body established
Qy
federal, state, or county law, resolution or
executive order, which functions as
~
part ofthe County government.
31
32
33
34
35
36
37
Task
Force
means
charge.
~
body appointed to study or work on
~
particular
subject or problem. A task force ceases to exist upon completion of its
2-146. Terms
of boards,
committees,2 commissions, and task forces.
(a)
The law, resolution.,. or executive order establishing or continuing any
board, committee.,. commission, or task force should specify the term of
the [committee's] group's existence. If no term is specified, then the
board, committee.,. commission, or task force continues until terminated.
The County Executive should monitor the expiration date ofthose boards,
committees.,. commissions, and task forces that the County Executive
appoints. The County Council should monitor the expiration date ofthose
boards, committees.1 commissions, and task forces that the County
Council appoints.
38
39
40
41
42
43
44
45
(b)
Any new board, committee.1 commission, or task force should have from
5 to 15 voting members.
46
47
48
49
50
(c)
[Committee] Evaluation and Review Board Committee.
(1)
The County Executive must appoint and convene at least every
[10]
l
years, subject to confirmation by the Council, a citizens
review committee comprised of at least 11 members.
(2)
The Committee must review the [committee] group system and
each then-existing board, committee.1 commission, and task force
and report to the Executive and Council its recommendations for
changes in individual boards, committees.1 commissions, and task
forces and the [committee] group system as a whole.
The
51
52
53
54
f\lawlbills\1603 bds
&
comm - gen\bill1.docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 3-16
55
56
57
Committee must submit an interim report to the Executive and
Council within 6 months of appointment and submit a final report
within 12 months of appointment.
(3)
The County Executive must designate the review committee's
chair and vice-chair.
2-147. [Committee] Group reports; by-laws.
58
59
60
61
62
(a)
The law or resolution establishing a board, committee.1 commission, or
task force [should] may specifY the dates when reports are due from the
[committee] group and the subjects to be included in the reports. If the
law or resolution is silent on the dates when reports are due, the board,
committee, commission, or task force must submit an annual report on
November 30 of each year [Each committee must submit a written report,
at least annually,] to the Executive and Council containing a description
of the [committee's] group's functions, activities, accomplishments, plans
and objectives, including recommendations for changes in [committee]
group functions.
63
64
65
66
67
68
69
70
71
(b)
The Chief Administrative Officer may prescribe a format to be followed
by [committees] groups in their annual report.
72
73
74
(c)
The Chief Administrative Officer may adopt binding guidelines,
consistent with law, for the organizational structure and internal
procedures of [committees] groups in the Executive branch of County
government.
75
76
77
(d)
When any [committee] group in the Executive branch adopts by-laws or
any other form of internal procedures, the Chief Administrative Officer
must send a copy to the Council.
78
79
80
Sec. 2. Transition.
G
f:\law\bills\1603 bds & comm· gen\bill1.docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 3-16
81
82
83
84
Any group created by law, resolution, or executive order after this Act
takes effect must be classified as either a board, committee, commission, or task
force. This Act must not be construed to require the renaming of any group that
existed before this Act takes effect.
Approved:
85
86
Nancy Floreen, President, County Council
Date
87
88
Approved:
Isiah Leggett, County Executive
Date
89
90
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
8
f:\law\bills\1603 bds
&
comm - genlbill1.docx
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 3-16
Administration Boards, Committees, and Commissions
-
General Amendments
DESCRIPTION:
Bill 3-16 would define a board, committee, commission, and task
force, require an Evaluation and Review Committee to be appointed
every 5 years, and establish a standard due date for annual reports
from a board, committee, commission, and task force.
The Executive appointed, subject to Council confirmation, a citizen
committee (CERB) to study the 87 boards, committees, commissions,
and task forces that support County government in 2012. The CERB
issued a final report in 2014. This Bill would implement some of the
recommendations from the CERB report.
Improve the operation ofthe 87 BCC's.
County Executive, Chief Administrative Officer
To be requested.
To be requested.
To be requested.
To be rese,arched.
Robert
H.
Drummer, Senior Legislative Attorney
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIP ALITIES:
PENALTIES:
Not applicable.
F:\LAW\BILLS\1603 Bds
&
Comm - Gen\LRR.Docx
 PDF to HTML - Convert PDF files to HTML files
Before the Montgomery County Council
Bill 3-16, Administration
~
Boards, Committees, and Commissions
- Genera. Amendments
Healing on Tuesday, March 22. 2016, at 1:30pm
Written Testimony of Paul
M.
Bessel and Barbara Braswell
Support with an Amendment
revised March 10,2016
We are testifying in support of Bill 3-16 with a very important amendment.
Our names are Paul M. Bessel and Barbara Braswell. We live in Leisure World of Maryland
but we are testifying only as individuals, not representing any group.
We support everything that is in Bill 3-16. but urge the Council to add to it. We have
attended a number of meetings of BCCs in Montgomery County and we find, almost
without exception, that the members of BCCs could benefit from training so they can
properly perform their duties on the BCCs. We urge the Council to insert the following
training requirements in Bill 3-16:
The first part of the training
should be a requirement that all members of BCCs take the
same training that might be required of the people they regulate. For example, the CCOC
has developed a training program for members of boards of directors of condominium and
homeowner associations. The members ofthe CCOC should be required to take the same
training, and the same requirement should apply to any other BCCs that may have training
programs for others.
The second part of the training
should be a requirement that all BCC members
thoroughly know and understand the laws they administer. This portion ofthe training could
be provided by the County Attorney's staff.
The third part of the training
should consist of a basic course in how to be the chair or
a member of a BCC. This is especially true for BCCs that might hold hearings. It should
be fairly easy to develop a training program in how to chair and
be
a productive member
of BCCs and to do whatever might be required during their service on that BCC. Those
who have had this duty in the past probably would be willing to work on the training
program. If not, we would be happy to volunteer to assist.
The
fourth
part of the training
should consist of requiring all members of BCGs to take
the online course in Open Meetings that is provided by the Maryland Attorney General's
office. Maryland law requires that one member of each public body, or its staff, take this
Open Meetings training. Wei propose that every member of Montgomery County BCCs be
required to take this training. There is no reason why this training requirement should not
Page 1 of 2
(j)
 PDF to HTML - Convert PDF files to HTML files
apply to all members of BCCs. They should all
be
knowledgeable about laws that apply to
their work on BCCs. The Attorney General's office training on Open Meetings is said to
take about 2 hours to complete and is actually fun to do. A copy of the first page of the
website that provides this training is attached.
The fifth
part
of the training should be how to run and participate in meetings efficiently
using parliamentary procedure. We have attended meetings of Montgomery County BCCs
and can say from first-hand knowledge that BCC meetings do not consistently follow
Robert's Rules of Order with
its
rules that insure efficient, speedy, and effective meetings
and protection for majorities, minorities, and individual members. For example. at one
CCOC meeting that we attended the chairperson said there should be discussion of a
subject before a motion could be made. The correct answer is exactly the opposite. We
also saw a chairperson clearly invoking the informal procedures for committees but then
refusing to allow a motion to go to discussion for lack of a second. even though a second
is not required under informal procedures for committees.
There is an organization in Maryland that could assist with this training on how to run
meetings properly using Robert's Rules of Order. It is called the Maryland Association of
Parliamentarians, or MAP. As the current President of MAP, I have consulted with the other
MAP officers who are able and willing to supply this training to aU Montgomery County BCC
members at no cost to the county. MAP has provided training for other government groups
and could do so for BCCs.
An example of training in how to run and participate in meetings is attached.
Conclusion
The only possible argument that might
be
made against requiring a training program for
every member of all BCCs is that it might be seen as burdensome and reduce the pool of
volunteers willing to serve on BCCs. The response to this is that each member of a BCC
is volunteering to spend hundreds or thousands of hours helping our county through
service on a BCC. All we are suggesting is that they spend a few more hours learning how
to do their jobs more efficiently. This should be welcomed by members of BCCs as well as
all county citizens.
Please note that we are not recommending that failure of a BCC member to take the
required training be subject to any serious penalty. All we are suggesting is that those who
refuse to take the necessary training be prevented from continuing to serve on the BCC.
Since the public has a right to expect all BCC members to be knowledgeable about the
work they are expected to do, this is a reasonable suggestion.
Page 2 of 2
 PDF to HTML - Convert PDF files to HTML files
Staff Amendment 1
Add the following after line
1:
2-141. Scope of article.
It is the intent ofthe council to establish a uniform system for classifying all [[committees]]
grOUPS
of the county government and for prescribing procedures for their operation. This article [[shall]] must
therefore apply to all existing and newly created [[committees]] groups which function as a part of the
county government, including all [[committees]] groups established by law, resolution, and executive
order. Wherever a conflict exists between this article and state law, the state law [[shall]]
is the intent of the council that any substantive law which creates a [[committee]]
act shall not be diminished or the [[committee's]]
~
control.
It
covered by this
responsibilities reduced in any manner
whatsoever. Wherever a conflict exists between this article and existing county law, the prior county law
shall control.
Add the following after line 33:
2-144. Budget.
Each [[committee's]] group's staffand yearly allocation of funds, ifany, [[shall]] must be indicated
in the budget and no [[committee shall]]
spend more than its budgeted amount. The appointing
authorities [[shall]] must furnish such staff support as deemed necessary for each [[committee]]
which does not have its own staff provided for in the budget.
2-145. Compensation; reimbursement.
(a)
Unless a law expressly precludes compensation, the Council may establish compensation
for members ofa particular [[committee]] gmyp by an appropriation that funds a line item
in the budget.
An
appropriation may establish levels of compensation by categories or
subcategories or [[committees]]
(b)
~~.
~
Unless another method of compensation is established, a [(committee]]
compensated for each day that the member works on [[committee]]
member is
~
business after
the member is authorized to do the work by the [[committee]] group or the presiding officer
of the [[committee]]
~.
(j)
 PDF to HTML - Convert PDF files to HTML files
(c)
Whether or not a [[committee]]
[[committee]]
~,
~
member is compensated for serving on the
the member may request reimbursement for travel and dependent
care. The rate of reimbursement is established in an appropriation.
(d)
A [[committee]]
~
member must not be compensated or reimbursed for travel or
childcare expenses if appropriated funds are not available.
Add the following after line 79:
2-148. Appointments
and
removals.
(a)
Appointments.
(1)
In making appointments to [[committees]] groups, the appointing authority should
consider the following criteria: interest, diversity of background and professions,
relevant experience and expertise, and geographic balance. To promote broad
participation, no individual should ordinarily serve more than 2 consecutive full
tenns or serve on more than one [[committee]]
~
at anyone time. However,
~
an individual may serve on more
than
one [[committee]]
at the same time if
the law that created a committee requires or allows a member ofthat [[committee]]
~
to
be selected from members of another County [[committee]] __
~.
(2)
Any individual who has served 2 full tenns on a [[committee]] group is not eligible
to serve on the same [[committee]] group until one year has elapsed.
appointing authority may waive this restriction if:
(A)
(B)
The
no other qualified applicant is available; or
other unique circumstances justify the reappointment of the particular
individual.
(3)
Unless another tenn is established by the law, resolution, or executive order
creating the [[committee]]
~,
the standard tenn for each appointment is 3 years,
after any initial staggered tenn.
(4)
A member must not continue to serve on a [[committee]] group after the member's
tenn has expired,
and
a successor has not been appointed and confinned, for more
than 6 months unless:
(A)
another law expressly authorizes the member to serve longer; or
2
 PDF to HTML - Convert PDF files to HTML files
(B)
the Executive has notified the Council why the member will continue to
serve on the [[committee]]
~.
(b)
Removalfor absenteeism.
(1)
A member of a [[committee]]
~
who misses more scheduled meetings or
hearings
than
the number of allowed absences, computed by the following table, or
who misses 3 consecutive scheduled meetings, is automatically removed.
Scheduled meeting or hearing means any meeting or hearing for which at least 7
days advance notice was given and which was held as scheduled
*
(2)
*
*
An
automatic removal under this subsection takes effect 30 days after the presiding
officer notifies the appointing authority. The presiding officer of the [[committee]]
must promptly notify the appointing authority of any member who has been
automatically removed and must explain any known extenuating circumstances.
The presiding officer should send a copy of the notice to each member of the
[[committee))
~.
(3)
The appointing authority, on request of the affected member, may waive the
removal for illness, emergency or other good cause. The appointing authority must
notify the member whether a waiver has been granted.
(4)
If a waiver has not been granted, the appointing authority must appoint a successor
to complete the unexpired term, subject to Council confirmation if the original
appointment was subject to Council confirmation.
(c)
Other causes for removal.
(1)
The appointing authority may remove a [[committee]] group member for:
(A)
(B)
(C)
(D)
(E)
neglect of duty;
misconduct in office;
a member's inability to perfonn the duties of the office;
conduct that impairs a member from performing the duties of the office; or
violation oflaw.
(2)
Before a member is removed, the appointing authority must:
(A)
notify the member in writing of the reason for removal; and
3
 PDF to HTML - Convert PDF files to HTML files
(B)
give the member an opportunity
to
submit reasons why the member should
not
be
removed.
(3)
If any other provision of law requires the Council's approval before a member is
removed, that provision applies
to
a removal under this Section.
(4)
If Council approval is not required before a member is removed, the appointing
authority must notifY the Council before the removal takes effect.
2-149. Procedures at meetings.
Unless a [[committee]]
~
meeting is subject to Chapter 2A, a meeting may be conducted
informally. The parliamentary procedures of Robert's Rules of Order govern when it is necessary to take
formal action or decide controversial matters. [[Committee]] Group meetings must be open to the public
in accordance with the state open meetings law.
4