Agenda Item 7B
November 15,2016
Introduction
MEMORANDUM
November 10,2016
TO:
FROM:
County Council
Robert H. Drummer, Senior Legislative AttomeY,f;;j
SUBJECT:
Introduction:
Expedited Bill 47-16, Montgomery County Economic Development
Corporation - Board of Directors .:... Initial Tenns - Amendments
Expedited Bill 47-16, Montgomery County Economic Development Corporation - Board
of Directors - Initial Terms - Amendments, sponsored by Lead Sponsor Council President at the
request of the County Executive, is scheduled to be introduced on November 15, 2016. A public
hearing is tentatively scheduled for November 29 at 1:30 p.m.
Background
Bill 25-15, Economic Development - Reorganization - Montgomery County Economic
Development Corporation, enacted on June 30, 2015 and signed into law on July 7, 2015,
eliminated the Department of Economic Development and authorized the Council to designate a
non-profit corporation as the Montgomery County Economic Development Corporation. Bill 25­
15 also provided that the designated corporation have a Board of Directors appointed by the
Executive, subject to confinnation by the Council, to 3-year tenns of office. The Executive
appointed each member of the Board to begin their tenn on December 30, 2015.
Expedited Bill 47-16 would authorize the Executive to extend the initial terms of office for
each Board member by up to 6 months to coincide with the fiscal year beginning on July 1. This
change would apply only to the Board members first appointed on December 30, 2015, and would
pennit each Board member to be considered for a position as an officer when the Board elects
officers at the beginning of a fiscal year.
This packet contains:
Expedited Bill 47-16
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact statement
Circle #
I
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5
F:\LAW\BILLS\I64 7 MCEOC - Board Of Directors\Intro Memo.Docx
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Expedited Bill No.
47-16
Concerning: Montgomery
County
Economic Development Corporation ­
Board of Directors - Initial Terms ­
Amendments
Revised: November 10.2016 Draft No.
L
Introduced:
November 15. 2016
Expires:
May 15.2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ---=-:.No=n..:..:e'--_ _ _ _ __
Ch, _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
authorize the County Executive to extend the tenn ofa voting member first appointed
to the Board ofDirectors to coincide with the end ofa fiscal year; and
(2)
generally amend the law governing the Montgomery County Economic Development
Corporation.
By amending.
Montgomery County Code
Chapter 30B, Economic Development
Section 30B-3
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. 47-16
1
Sec. 1. Section 30B-3 is amended as follows:
30B-3. Board of Directors.
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*
(b)
*
*
Each voting member serves a 3-year term. The individual terms of the
voting members must be staggered. Of the voting members first
appointed, four must be appointed for a 1-year term, four must be
appointed for a 2-year term, and three must
~e
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6
7
8
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10
appointed for.a 3-year
term. The Executive may extend the term of
~
voting member first
appointed for an additional
Q
months or less to coincide with the end of
~
fiscal year. A voting member appointed to fill a vacancy serves the rest
of the unexpired term. A voting member continues in office until his or
her successor is appointed and confrrmed.
11
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13
*
Sec. 2.
*
IS
*
necessary for the immediate
14
15
16
Expedited Effective Date.
The Council declares that this legislation
protection ofthe public interest. .This Act takes effect on the date on which it becomes
law.
Approved:
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Nancy Floreen, President, County Council
21
Approved:
Date
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Isiah Leggett, County Executive
Date
f:\Iaw\bills\1647 mcedc - board of direc:tors\bill 2.docx
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LEGISLATIVE REQUEST REPORT
Expedited
Bill 47-16
Montgomery County Economic Development Corporation
-
Board ofDirectors ­
Initial Terms
-
Amendments
DESCRIPTION:
This bill authorizes the County Executive to extend the term of a voting
member first appointed to the Board of Directors of the Montgomery
County Economic Development Corporation to coincide with the end of a
fiscal year.
The terms of the voting members first appointed to the Board do not
coincide with the end of a fiscal year.
PROBLEM:
GOALS AND
OBJECTIVES:
This change would expand the pool of experienced board members who
would be eligible to run for election in the Board's next annual meeting.
COORDINATION:
Office ofthe Chief Administrative Officer.
FISCAL IMPACT:
Office of Management and Budget.
ECONOMIC
IMPACT:
EVALUATION:
Office of Finance.
Subject to the general oversight ofthe County Executive and the County
Council.
EXPERIENCE
ELSEWHERE:
Unknown
SOURCES OF
INFORMATION:
Edward
B.
Lattner, Chief
Division of Government Operations
Office of the County Attorney
Lily Qi
Office of the Chief Administrative Officer
APPLICATION
WITHIN
MUNICIPALITIES:
None.
PENALTIES:
N/A.
F:\LAW\BILLS\164 7 MCEDC - Board Of Directors\Legisiative Request Report.Docx
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
November 9,2016
To:
From:
Subject:
Nancy Floreen, President, County
coun~i~
lsiah
Leggett,
County Executive
-k?~["a..--
Legislation to extend the term of board of directors-Montgomery County
Economic Development Corporation
I am attaching for Council introduction legislation to authorize the County
Executive to extend the term of a voting member fIrst appointed to the Board of Directors of the
Montgomery County Economic Development Corporation (MCEDC) to coincide with the end of
a fiscal year, and to generally amend the law governing MCEDC as it relates to board terms.
According to County Code Section 30B-3, each voting member serves a 3-year
term and the legislation amends that section by adding language such that the County Executive
may extend the term of the voting member first appointed for an additional 6 months or less to
coincide with the end of a fiscal year. The amendment would allow all board members,
regardless of their terms, to be considered for officers at the time of board elections, which take
place at the beginning of each fiscal year.
Attachment
cc:
Timothy
L.
Firestine, Chief Administrative Officer
Jennifer Hughes, Director, Office of Management and Budget
Alexandre Espinosa, Director, Department of Finance
Bonnie Kirkland, Assistant Chief Administrative Officer
Lily Qi, Assistant Chief Administrative Officer
Marc Hansen, County Attorney
Bob Buchanan, Chair, Montgomery County Economic Development Corporation
.
montgomerycountymd.gov/311
-.
\;'-:0'
301-251-4850 TTY
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Fiscal Impact Statement
Bill XX-16 Montgomery County Economic Development Corporation
- Board of Directors - Initial Terms - Amendments
1. Legislative Summary:
Bill XX-16 will authorize the County Executive to extend the term ofa voting member
first appointed to the Board of Directors (Board) of the Montgomery County Economic
Development Corporation (MCEDC) to coincide with the end of a fiscal year. According
to Montgomery County Code Section 30B-3, each voting member serves a three-year
term and the legislation amends that section by adding language such that the County
Executive may extend the term of the voting member ftrst appointed for an additional six
'
months or less.
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.
This bill does not impact County revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
There are no estimated six year revenue or expenditure impacts as a result of this bill.
4.
An
actuarial analysis through the entire amortization period for each regulation that
would affect retiree pension or group insurance costs.
Not applicable.
5.
An
estimate of expenditures related to County's information technology
(IT)
systems,
including Enterprise Resource Planning (ERP) systems.
No additional systems or resource planning will be required to implement the bill.
6. Later actions that may affect future revenue and expenditures if the regulation authorizes
future spending.
The bill does not authorize future spending.
7.
An
estimate of the staff time needed to implement the regulation.
The implementation of this bill will not require any additional staff time to enforce or
adopt extended terms for Board members.
8.
An
explanation of how the addition of new staff responsibilities would affect other duties.
See number 7. '
/'
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9.
An
estimate of costs when an additional appropriation is needed.
No additional appropriation is needed with adoption of this bill.
10. A description of any variable that could affect revenue and cost estimates.
There are no variables that impact revenue or costs estimates
as
a result of this bill.
11. Ranges of revenue or expenditures that are uncertain or difficult to project.
See number 10.
12. If the regulation is likely to have no fiscal impact, why that is the case.
The changes made in this bill simply extend the term of a voting members of the Board
of the Montgomery County Economic Development Corporation (MCDEC) to coincide
with the end of the fiscal year. Therefore, it has no fiscal impact.
13. Other fiscal impacts or comments.
Not applicable.
14. The following contributed to and concurred
with
this analysis:
Lily Qi, the Executive Office
Dennis Hetman, Finance
Pofen Salem, Office of Management and Budget
I'
Jennifer
Office
0
Date
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Economic Impact Statement
Bill ##-16, Montgomery County Economic Development Corporation - Board of
Directors - Initial Terms
i
Background:
This legislation would authorize the County Executive to extend the term of a voting
member first appointed to the Board of Directors (Board) ofthe Montgomery County
Economic Development Corporation (MCEDC) to coincide with the end of a fiscal year.
According to County Code Section 30B-3, each voting member serves a three-year term
and the legislation amends that section by adding language such
that
the County
Executive may extend the term ofthe voting member first appointed for an additional six
months or less.
1.
The sources of information, assumptions, and methodologies used.
There are no sources of infonnation, assumptions, or methodologies used by the
Department of Finance in the preparation ofthe economic impact statement.
2. A description of any variable that could affect the economic impact estimates.
There are no variables that could affect the economic impact estimates. Bill ##-16
essentially extends the term of a voting member ofthe Board of the MCEDC to
coincide with the end of a fiscal year. Therefore, it has no economic impact.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values in the County.
Bill ##-16 has no positive or negative effect on employment, spending, savings,
investment, incomes, and property values in the County.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Bill ##-16 has no economic impact for the reasons stated
in
paragraphs 2 and 3.
5. The following contributed to or concurred with this analysis:
David Platt, Dennis
Hetman, and Robert Hagedoom, Finance.
Alexandre
A.
Esp osa, Director
Department ofFinance
Date
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