Bill No.
3-16
Concerning: Administration - Boards.
Committees. and Commissions -
General Amendments
Revised: April 4.
2016
Draft No.
2
Introduced:
March
1. 2016
Enacted:
April
12. 2016
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
_N~o=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)
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;
require a member to complete training on the Marvland Open Meetings Act and basic
parliamentarv procedure: and
generally amend the law governing the appointment and operation of boards,
[[(4)]]
ill
committees, commissions, and task forces that operate as part of the County
government.
By amending
Montgomery County Code
Chapter 2, Administration
Sections 2-141. 2-142, 2-144. 2-145. 2-146, [[and]] 2-14 7. and 2-148
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. 3-16
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Sec.1. Sections 2-141. 2-142, 2-144. 2-145. 2-146, [[and]] 2-147. and 2-148
are amended as follows:
2-141. Scope of article.
It
is the intent of the council to establish a uniform system for classifying all
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[[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]] groilps established by law, resolution, and executive
order. Wherever a conflict exists between this article and state law, the state law
[[shall]] must control.
It
is the intent of the council that any substantive law which
creates a [[committee]] group covered by this act shall not be diminished or the
[[committee's]] group's responsibilities reduced in any manner whatsoever.
Wherever a conflict exists between this article and existing county law, the prior
county law shall control.
2-142. Definitions.
[
(a)]
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The following terms wherever used or referred to
in
this article shall have
the following meanings:
Board
means~
semi-autonomous body established
.by
federal, state or
county law. A board is
~
formal committee with structure, duties and
performs~
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powers established
by
law. A board usually
function, licensing, or regulation.
Commission
means
~
quasi-judicial
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body established
.by
local law to study and
~
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.
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[(b)]
Committee
[:
Any board, committee, comm1ss10n or similar body
established by county law, resolution or executive order, which functions
as a part of the county government] means
f!:
body appointed with
f!:
specific task or function. A committee makes recommendations and
forwards them for appropriate action. A committee is advisory in nature
and can be either
f!:
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.
Group
means any board, committee, commission, task force, or any
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similar body established
.by
federal, state, or county law, resolution or
executive order, which functions as
f!:
part of the County government.
Task Force
means
f!:
body appointed to study or work on
f!:
particular
subject or problem. A task force ceases to exist upon completion of its
charge.
2-144. Budget.
Each [[committee's]] group's staff and yearly allocation of funds, if any,
[[shall]] must be indicated in the budget and no [[committee shall]] group must
spend more than its budgeted amount. The appointing authorities [[shall]] must
furnish such staff support as deemed necessary for each [[committee]] group which
does not have its own staff provided for in the budget.
2-145. Compensation; reimbursement.
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(a)
Unless a law expressly precludes compensation, the Council may
establish compensation for members of a particular [[committee]]
group by an appropriation that funds a line item in the budget. An
appropriation may establish levels of compensation by categories or
subcategories or [[committees]] groups.
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(b)
Unless another method of compensation is established, a [[committee]]
group member is compensated for each day that the member works on
[[committee]] group business after the member is authorized to do the
work by the [[committee]] group or the presiding officer of the
[[committee]] group.
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(
d)
(c)
Whether or not a [[committee]] group member is compensated for
serving on the [[committee]] group, the member may request
reimbursement for travel and dependent care.
reimbursement is established in an appropriation.
A [[committee]] group member must not be compensated or
reimbursed for travel or childcare expenses if appropriated funds are
not available.
The rate
of
2-146. Terms of boards, committees,, 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 of those boards,
committees,,_ commissions, and task forces that the County Executive
appoints. The County Council should monitor the expiration date of those
boards, committees,,_ commissions, and task forces that the County
Council appoints.
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(b)
Any new board, committee,,, commission, or task force should have from
5 to 15 voting members.
(c)
[Committee] Evaluation and Review Board Committee.
( 1)
The County Executive must appoint and convene at least every
[1
O]
[[~]] ~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,,, commission, and task force
and report to the Executive and Council its recommendations for
changes in individual boards, committees,,, commissions, and task
forces and the [committee] group system as a whole.
The
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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.
(a)
The law or resolution establishing a board, committee,,, 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.
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(b)
The Chief Administrative Officer may prescribe a format to be followed
by [committees] groups in their annual report.
(
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.
(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.
2-148. Appointments! [[and]] removals. and training.
(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 terms or serve on more than one
[[committee]] group at any one time. However, an individual
may serve on more than one [[committee]] group at the same
time if the law that created a committee requires or allows a
member of that [[committee]] group to be selected from
members of another County [[committee]] group.
(2)
Any individual who has served 2 full terms on a [[committee]]
group is not eligible to serve on the same [[committee]] group
until one year has elapsed. The appointing authority may waive
this restriction if:
(A)
no other qualified applicant is available; or
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(B)
other unique circumstances justify the reappointment of
the particular individual.
(3)
Unless another term is established by the law, resolution, or
executive order creating the [[committee]] group, the standard
term for each appointment is 3 years, after any initial staggered
term.
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(4)
A member must not continue to serve on a [[committee]] group
after the member's term has expired, and a successor has not
been appointed and confirmed, for more than 6 months unless:
(A)
another law expressly authorizes the member to serve
longer; or
(B)
the Executive has notified the Council why the member
will continue to serve on the [[committee]] group.
(b)
Removal for absenteeism.
(
1)
A member of a [[committee]] group 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
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*
(2)
*
*
An
automatic removal under this subsection takes effect 30 days
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after the presiding officer notifies the appointing authority. The
presiding officer of the [[committee]] group must promptly
notify the appointing authority of any member who has been
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(
c)
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]] group.
(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.
Other causes for removal.
(
1)
The appointing authority may remove a [[committee]] group
member for:
(A)
(B)
(C)
(D)
neglect of duty;
misconduct in office;
a member's inability to perform the duties of the office;
conduct that impairs a member from performing the duties
of the office; or
(E)
violation of law.
(2)
Before a member is removed, the appointing authority must:
(A)
notify the member in writing of the reason for removal;
and
(B)
give the member an opportunity to submit reasons why the
member should not be removed.
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(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.
llU
Each member of a group must complete training on the Marvland Open
Meetings Act and basic parliamentarv procedure. The Executive must
establish standards for this training by method 2 regulation.
2-149. Procedures at meetings.
Unless a [[committee]] group 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.
Sec. 2. Transition.
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.
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No. 3-16
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Approved:
:h~uncil
Approved:
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
~
1:3
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c;;.01f
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Date
Date
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Linda M. Lauer, Clerk of the Council
Date
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