Bill No.
4-16
Concerning: Administration - Boards.
Committees. and Commissions -
Various Amendments
Revised: April
6. 2016
Draft No.
2
Introduced:
March
1 2016
Enacted:
April
12. 2016
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
~N=on~e~------
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Government Operations and Fiscal Policy Committee
AN ACT
to:
(1)
increase the membership of the Animal Matters Hearing Board, the Commission on
Aging, the Commission on People with Disabilities, the Commission on Veterans
Affairs, [[the Commission on Child Care,]] and the Library Board;
(2)
modify the membership of the Commission on Child Care:
ill
eliminate the various geographical area recreation advisory boards;
ill
rename the Recreation Board and modify its membership: and
generally amend the law governing the appointment and operation of boards,
[[(3)]]
ill
committees, commissions, and task forces that operate as part of the County
government.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-46
Chapter 5, Animal Control
Section 5-104
Chapter lOA, Child Care
Section IOA-4
Chapter 24, Health and Sanitation
Section 24-61
Chapter 27, Human Rights and Civil Liberties
Sections 27-35 and 27-51
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BILL
No. 4-16
Chapter 41, Recreation and Recreation Facilities
Article III. Recreation Areas and Advisory Boards.
Sections 41-21, 41-25, 41-26, 41-27, 41-28, 41-29, and 41-30
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted from 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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No. 4-16
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Sec.
1.
Sections 2-46, 5-104, lOA-4, 24-61, 27-35, 27-51, 41-21, 41-25, 41-
26, 41-27, 41-28, 41-29, and 41-30 are amended as follows:
2-46. Library board-Established; composition; term of members.
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There is a Montgomery County Library Board composed of [12]
ll
members
appointed
.Qy
the Executive from the County at large, including
l
member
recommended
.Qy
Montgomery College, subject to the confirmation of the [county
council] Council[, by the county executive]. The supervisor of school libraries is an
ex officio member of the board. A member is appointed for a term of3 years.[, in an
appointment] A member appointed to fill a vacancy before a term expires [, the
successor] serves the rest of the unexpired term.
5-104. Animal Matters Hearing Board.
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(a)
Jurisdiction.
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(1)
As provided in this Chapter, the Animal Matters Hearing Board
has jurisdiction to hear:
(A)
original complaints involving allegations of violations of
this Chapter or a violation of the terms of an adoption
agreement; and
(B)
appeals from any decision or order of the Director.
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(2)
The Board must not enter an order that conflicts with a decision of
the County Circuit or District Court.
(3)
The Board must not hear a complaint or an appeal involving the
seizure of an animal if the owner has been arrested and charged
with violating any provision of Title 10, Subtitle 6 of the Criminal
Law Article or Section 21-1004.1 of the Transportation Article of
the Maryland Code until the charges have been finally resolved by
the court with jurisdiction.
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(b)
Complaints.
A person may file a complaint with the Board alleging a
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violation of this Chapter or a violation of an animal shelter adoption
contract. A complaint must be filed within one year after the alleged
violation occurred.
(c)
Membership.
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(1)
The Animal Matters Hearing Board consists of [5]
1
members
appointed by the County Executive and confirmed by the County
Council. The Board must include:
(A)
(B)
(C)
a representative of licensed animal fanciers;
a representative of the County Humane Society; and
[3]
~public
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members.
(2)
[The Executive must appoint, subject to Council confirmation, a
qualified alternate for each member. The alternate may vote in
place of the member when the member is absent.
(3)]
The Executive may remove a member who misses three meetings
during a fiscal year without permission of the Chair.
[(4)]
ill
Each member [and alternate] serves for 3 years or until a
successor takes office, whichever is later. A person appointed to
fill a vacancy fills the remainder of the predecessor's term.
[(5)]
ill
The Board must elect a Chair each year from among its
members.
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(
c)
*
lOA-4. Commission on child care.
*
*
*
*
(1)
*
Membership of Commission.
The members of the Commission are appointed by the County
Executive, subject to confirmation by the County Council.
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(2)
The Commission has [[18]] 17 voting members and [5]
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to [7]
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nonvoting members. The County Executive should appoint the
voting members so that:
[a.](A)
Seven members are providers of child care services.
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The Executive should appoint providers of different types
of child care services and providers to different age groups.
These include family day care providers, group day care
providers, private educational institutions, and providers
serving infants, toddlers, pre-school and school-age
children, and children with special needs.
[b.]
ill)
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Five members are parents of children receiving child
care services.
[c.]
(Q
Five members are selected from the business
community and the general public.
[d.]
m:ill
One member represents the Montgomery County
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chapter of the Maryland Municipal League.]]
(3)
The Superintendent of Schools, the Chairman of the Montgomery
County Planning Board, the President of Montgomery College, or
their designees, are nonvoting members of the Commission. Two
designees of the Director of the Department of Health and Human
Services and one designee of the Director of the Community Use
of Public Facilities are also nonvoting members of the
Commission.
In
addition,
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upon recommendation
of the
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Commission, the Executive may designate representatives of up to
2 public agencies to serve as nonvoting members. The Executive
may appoint these additional members to serve less than [three-
year] 3-year terms.
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(4)
Each member must reside or work in Montgomery County.
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*
(a)
*
*
24-61. Commission on Veterans Affairs.
Definition. In this Section "Commission" means the Commission on
Veterans Affairs.
(b)
Established. The County Executive must appoint, subject to confirmation
by the Council, a Commission on Veterans Affairs.
(c)
Composition; Term.
( 1)
(2)
The Commission has 16 voting members.
The Executive should appoint 8 members who are veterans and
may be a member of a veterans group, such as:
(A)
(B)
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Vietnam Veterans of America;
American Veterans (AMVETS);
Disabled American Veterans;
Veterans ofForeign Wars;
Women Veterans of America;
American Legion; or
Military Order of the Purple Heart.
(C)
(D)
(E)
(F)
(G)
(3)
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The Executive must appoint 4 members to represent the general
public.
(4)
The Executive must designate the following ex officio members:
(A)
the Director of the Department of Health and Human
Services, or the Director's designee;
(B)
the Director of the Department of Economic Development,
or the Director's designee;
(C)
the County Executive or the Executive's designee; and
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(D)
the President of Montgomery College or the President's
designee.
(5)
The Executive must invite a representative of the County's
Congressional delegation who is either a member of the delegation
or an individual designated to represent the delegation to be a non-
voting member of the Commission.
(6)
The Executive must appoint
fl:
member of the Commission on
People with Disabilities as
fl:
non-voting member.
ill
The term of each member is 3 years.
The Executive must designate a chair and a vice-chair from
[(7)]
.{fil
among the Commission's members.
[(8)]
(2)
After an appointment to fill a vacancy before a term expires,
the successor serves the rest of the unexpired term.
*
*
*
27-35. Creation; composition; appointment; terms and compensation of
members; meetings; quorum; reports.
(a)
Creation and composition; appointment ofmembers; election ofofficers.
There is hereby established a commission on aging [.The commission
shall consist of no less than] with at least eighteen (18) members
appointed by the [county executive] Executive, subject to confirmation
by the [county council] Council. [Membership shall] After considering
the recommendations of the commission, the Executive must appoint
fl:
majority of members who are [consist of the] older citizens. In addition,
each member must be:
ill
ill
fl:
County resident; and
an individual who is or who has been active in business, industry,
labor, community service, religion, welfare, education, the
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professions, or representatives of major organizations or agencies
significantly concerned with the problems of aging.
[county residents of whom a majority shall be older citizens. The county
executive shall take into consideration the recommendations of the
comm1ss10n m making his appointments.
The nominees shall be
individuals who are or who have been active in business, industry, labor,
community service, religion, welfare, and/or education, the professions,,_
and representatives of major organizations or agencies significantly
concerned with the problems of aging.] The Executive must appoint
1
member of the Mental Health Advisory Committee and
1
member of the
Commission on Veterans Affairs. The commission [shall] must elect the
following officers and directors from the members appointed by the
[county executive] .Executive: [chairman] chair, vice [chairman] chair,
secretary, budget and finance advisor, each to serve at the pleasure of the
commission, and directors and such other officers as it [shall determine]
determines.
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*
(a)
*
*
27-51. Commission-Composition and appointments; meetings; staff.
Composition and appointment.
There is a Commission on People with
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Disabilities. The Commission has 25 voting members, and at least [5]
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nonvoting members, including:
( 1)
(2)
(3)
13
voting members who are people with a disability;
3 voting members who are parents of people with disabilities;
9 voting members who represent organizations and agencies that
provide services or represent people with disabilities;
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(4)
one nonvoting member from the:
(A)
Department of Recreation;
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(B)
(C)
@
Department of Transportation; [and]
Human Rights Commission; and
Commission on Veterans Affairs; and
(5)
two nonvoting members from the Department of Health and
Human Services.
The County Executive appoints Commission members. The County Executive
appoints voting members subject to confirmation by the County Council. The
County Executive may appoint additional nonvoting members from other
governmental agencies. All appointments are for a [3 year] 3-year term
beginning October 1, except appointments to fill unexpired terms.
If
a vacancy
occurs on the Commission, the County Executive should appoint a successor to
complete the unexpired term within 60 days of the occurrence of the vacancy.
After receiving recommendations of Commission members, the County
Executive must appoint the chairperson and vice chairperson of the Commission,
subject to confirmation by the County Council.
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*
*
(a)
*
*
*
Article III. Recreation Areas and Advisory Boards.
*
41-21. Recreation [[board]] and Parks Advisory Board.
There is a County Recreation and Parks Advisorv Board. Each member
is appointed by the County Executive and confirmed by the County
Council for a 3-year term beginning on July 1. A member serves until a
successor is appointed and confirmed.
(b)
The voting members of the Board are:
(1)
[[ 1 representative]] 3 representatives from each recreation area
[advisory board]; and
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(2)
[[15]]
~members
appointed from the County at-large to represent
a cross-section of the population of the County.
(c)
The ex officio, nonvoting members of the Board are:
(
1)
a representative of the Department of Parks of the Maryland-
National Capital Park and Planning Commission;
(2)
(3)
an administrative representative of the Board of Education;
the immediate past Chair of the County Recreation Board, unless
that person serves on the Board in another capacity;
(4)
a representative of the Office of Community Use of Public
Facilities;
(
5)
(
6)
a representative of the Community Action Board;
a representative of the Commission on Aging; and
a representative of the Commission on People with Disabilities.
(7)
[41-25. Recreation area advisory boards-Created.
In each recreation area created pursuant to this article, there shall be one
(1) recreation area advisory board which shall serve as the representative body
for such area on recreation matters.]
[41-26. Same-Purpose; goals and opportunities.
The recreation area advisory boards shall encourage the development of
desirable recreational and park opportunities in the designated recreation areas
of the county, so that all the people may live enriched lives, find greater
enjoyment and happiness, have better mental health, greater physical vitality
and deeper moral strength. To accomplish this purpose, each board shall be
concerned with the following recreational goals and opportunities:
(a)
Opportunities that reflect the interests and needs of recreation area
residents.
(b)
Opportunities within the financial ability of all the people.
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(
c)
Equality of opportunity for all people, regardless of race, origin, religion,
age or sex.
(d)
(
e)
Year-round opportunity for all ages and both sexes.
A wide range and diversity of individual choices (e.g., camping, dance,
drama, athletics, fine arts, performing arts, games, music, social
recreation, crafts and special events).
(f)
(g)
(h)
(i)
A balanced emphasis within the range of individual choices.
Opportunities for varying degrees of skill.
Opportunities for the individual, the family and groups.
Opportunities for progressive advancement.
Opportunities for creative expression.
Active and passive opportunities.
Opportunities that utilize other community resources.
Relating opportunities to other community agencies.
Opportunities for residents to participate in recreational planning.
Assistance to individuals and groups seeking their own opportunities.
Indoor and outdoor recreation opportunities centrally located and easily
accessible.
G)
(k)
(1)
(m)
(n)
(
o)
(p)
(
q)
Advice on the acquisition of open space to satisfy recreational pursuits,
prevent overcrowding, make the district a more attractive place to live,
conserve wooded areas and stream valleys, preserve historical, geological
and horticultural features, and preserve areas of natural beauty.
(r)
Recreation grounds and facilities based upon user interests and needs and
population ratio.]
[41-27. Membership.
(a)
Each recreation area advisory board consists of 9 members and 2
alternates, each of whom resides in the designated recreation area. Each
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(
d)
(c)
member is appointed by the county executive, subject to confirmation by
the county council. Individual appointments to a board must reflect a
wide diversity of recreational interests. The Executive must consider
geographical representation from different neighborhood centers in the
recreation area. In order to maintain continuity on each recreation area
advisory board, the Executive must appoint 3 members of each board
annually and appoint the 2 alternates every 3 years. Each member serves
3 years or until a successor is confirmed. A regular board member must
not serve more than 2 consecutive full terms, but any member may be
reappointed after a lapse of one year. A vacancy occurring before a term
expires is filled for the remainder of the unexpired term of the
predecessor. Appointments to unexpired terms are not a full term.
(b)
When the Executive appoints an alternate member of a recreation area
advisory board, the Executive must designate whether the appointee
would serve as the primary or secondary alternate. Alternate members
may participate in board discussions but must not vote unless acting for
an absent board member. When a board member resigns, the first
alternate becomes a full member for the remainder of the former
member's term and the second alternate becomes the first alternate.
A municipality with an active recreation program in a designated County
recreation area may designate one or more representatives to serve as
non-voting, ex officio members of the recreation area advisory board for
that area.
The members of each board serve without compensation. The department
of recreation must designate a department employee to advise each board,
and the director of the department must ask the Maryland-National
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Capital Park and Planning Commission to have a staff member present at
meetings of each board.]
[41-28. Same-Chairperson and vice-chairperson.
The chairperson and vice-chairperson shall be elected by each recreation area
advisory board from among its members. The term of the chairperson and vice-
chairperson shall be one (1) year, and each shall be eligible for reelection for an
additional one-year term. No chairperson or vice-chairperson shall serve
consecutively for more than two (2) years.]
[41-29. Meetings; quorum.
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Each recreation area advisory board meets in public session on call by the
chairman as frequently as necessary to perform its duties, but not less than 10
times annually. Reasonable notice must be given for all meetings of the board.
A majority of the members of the board is a quorum for the transaction of
business, and a majority vote of those present at any meeting is required for any
action taken by the board.]
[41-30. Duties.
Each board must advise the county recreation board, the county
executive, the county council, the director of the county department of
recreation, and the Montgomery County Planning Board about the appropriate
number and nature of recreation programs, neighborhood and community parks,
and facilities for leisure activities and the well-being of county residents. A
board also may:
(a)
Study and appraise the existing and future recreation needs of its
recreation area in terms of program, facilities and services, and suggest
plans to meet those needs.
(b)
Provide general comments on annual budget requests for recreation and
parks, programs and facilities.
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(
c)
Support high standards in recreation leadership and in quality of program
service.
(
d)
Encourage cooperation with other related agencies and assist in
correlating community forces for the development of recreation and
parks.
(
e)
Render advice on the design and layout of recreation grounds and
facilities.
(f)
Advise the county council on legislative and budgetary matters regarding
recreation.
(g)
Inform the Regional Citizens Advisory Board about matters related to
recreation and parks, and collaborate with the Regional Board on planning,
conservation, environment, and other issues that affect park and recreation
facilities and services.]
Approved:
:a~id~
Approved:
~~;t!J-.0/~
Date
Isiah Leggett, County Executive
Date
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313
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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