Agenda Item 10
March 22, 2016
Public Hearing
MEMORANDUM
March 18,2016
TO:
FROM:
County Council
Robert H. Drummer, Senior Legislative Attorney
~
Boards, Committees, and
SUBJECT:
Public Hearing:
Bill 3-16, Administration -
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 Government Operations and Fiscal Policy Committee
worksession is tentatively scheduled for April 4, 2016 at 9:30 a.m.
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.
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 [mal report to the Council and the
Executive on September 30,2013. A copy of the report can be viewed at:
https:llwww.montgomerycountvmd.gov/boards/Resources/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 deimitions 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 defmes 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 BCC'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 of a 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. If this schedule was in place for the most recent CERB, the Council
would be considering legislation recommended by the CERB appointed
in
2012 only 1 year before
a new CERB is appointed. The result may be that CERB recommendations implemented by the
Council are given little time to work before they are reviewed by a new CERB.
This packet contains:
Bill 3-16
Legislative Request Report
Circle
#
1
6
F:\LAW\BILLS\1603 Bds
&
Comm - Gen\PH Memo.oocx
1
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
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 opemte 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
3
4
Sec.
I.
Sections 2-142, 2-146, and 2-147 are amended as follows:
2-142. Definitions.
[Ca)] The following terms wherever used or referred to in this article shall have
the following meanings:
Board
means
~
5
semi-autonomous body established
Qy
federal, state or
~
6
county law. A board is
formal committee with structure, duties and
7
8
9
powers established
Qy
law. A board usually performs
!!
quasi-judicial
function, licensing, or regulation.
Commission
means
~
body established
Qy
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
Qy
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
!!
body appointed with
~
13
14
15
16
17
18
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
Qy
law or
resolution, or an informal (ad hoc) committee. A committee may oversee
and advise in service areas, such as housing and transportation, or
11
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:\Iaw\bills\1603 bds
&
comm - gen\bill1.docx
19
20
21
22
23
24
25
26
27
 PDF to HTML - Convert PDF files to HTML files
Bill No. 3-16
28
29
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 of the County government.
30
31
32
33
34
35
36
37
Task
Force
means
charge.
~
body appointed to study or work on
E!
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.1 or executive order establishing or continuing any
board, committee.1 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". commissions, and task forces that the County
Council appoints.
38
39
40
41
42
43
44
45
46
47
48
(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
[10]
.2.
years, subject to confirmation by the Council, a citizens
49
50
51
52
53
54
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
f:\law\bills\1603 bds
&
comm - gen\bill1.docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 3-16
55
56
57
58
59
60
Committee must submit an interim report to the Executive and
Council within 6 months of appointment and submit a fmal 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.
61
62
63
64
65
66
(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 ofeach year [Each committee must submit a written report,
at least annually,] to the Executive and Council containing a description
ofthe [committee's] group's functions, activities, accomplishments, plans
and objectives, including recommendations for changes in [committee]
group functions.
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
(
c)
The Chief Administrative Officer may adopt binding guidelines,
74
75
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.
Sec. 2. Transition.
76
77
78
79
80
f:\law\bills\1603 bds
&
comm - gen\bill 1.docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
3-16
81
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:
82
83
84
85
86
Nancy Floreen, President, County Council
Date
87
88
Approved:
Isiah Leggett, County Executive
Date
89
90
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
8
f:\Iaw\bills\1603 bds & comm - gen\bill 1.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 of the 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
WITmN
MUNICIPALITIES:
PENALTIES:
Not applicable.
F:\LAW\BILLS\l603 Bds
&
Comm - Gen\LRR.Docx