Agenda Item 11
March 22, 2016
Public Hearing
MEMORANDUM
March 18,2016
TO:
FROM:
County Council
Robert H. Drummer, Senior Legislative Attorney
/1.8
Various
SUBJECT:
Public Hearing:
Bill 4-16, Boards, Committees, and Commissions
Amendments
Bill 4-16, Boards, Committees, and Commissions - Various 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 4-16 would:
• increase the membership of the Animal Matters Hearing Board, the Commission on
Aging, the Commission on People with Disabilities, the Commission on Veteran
Affairs, the Commission on Child Care, and the Library Board; and
• eliminate the various geographical area recreation advisory boards.
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:l/www.montgomerycountymd.govtboards/ResourceslFiles/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 4-16 would
amend County law to implement the specific changes affecting an individual BCC as
recommended by the CERB.
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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.
The Changes in the Bill
1.
Increase the membership of the Animal Matters Hearing Board from fIVe to seven
and abolish the requirement for alternates.
See lines 31-47 of the Bill at ©4.
2.
Amend §27-35(a) for the Commission on Aging to include representatives from the
Mental Health Advisory Committee and Veterans Affairs Commission.
See lines 124-150 of the Bill at ©7 -8. This change would create an exception to the general rule
in Code §2-148(a)(l) that states:
To promote broad participation, no individual should ordinarily serve more than 2
consecutive full terms or serve on more than one committee at anyone time.
3.
Amend §10A-4(c)(2), Montgomery County Code, to add the Community Use of Public
Facilities as a public agency with non-voting membership on the Commission on
Child Care.
See lines 54-80 of the Bill at ©5.
4.
Amend §27-51(a), Montgomery County Code, to include a representative from the
Veterans Affairs Commission as a non-voting member of the Commission on People
with Disabilities.
See lines 153-164 of the Bill at ©8-9. This change would create another exception to the general
rule in Code §2-148(a)(l).
5.
Amend §24-61(c), Montgomery County Code, to include a representative from the
Commission on People with Disabilities as a non-voting member of the Commission
on Veterans Affairs.
See lines 102-120 of the Bill at ©6-7. This change would create another exception to the general
rule in Code §2-148(a)(l).
6.
Amend §2-46, Montgomery County Code, to require a representative from
Montgomery College to be on the Library Board.
See lines 4-10 of the Bill at ©3.
7.
Amend various sections of the County Code to consolidate the geographical area
recreation boards into the County-wide Recreation Advisory Board.
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See lines 178-306 of the Bill at ©9-14.
This packet contains:
Bill 4-16
Legislative Request Report
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Bill No.
4-16
Concerning: Administration - Boards,
Committees, and Commissions ­
Various Amendments
Revised: January 2l 2016 Draft No.
Introduced:
March 1, 2016
Expires:
September 1, 2017
Enacted: _ _ _ _ _ _ _ _ __
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)
increase the membership of the Animal Matters Hearing Board, the Commission on
Aging, the Commission on People with Disabilities, the Commission on Veteran
Affairs, the Commission on Child Care, and the Librmy Board;
eliminate the various geographical area recreation advisory boards; 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.
(2)
(3)
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-46
Chapter 5, Animal Control
Section 5-104
Chapter 10A, Child Care
Section lOA-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.
Deletedfrom existing law
by
original bill.
Added
by
amendment.
Deletedfrom existing law or the bill
by
amendment.
Existing law unqffected 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, 10A-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.
2
3
4
5
6
II
members
appointed
Qy
the Executive from the County at large, including
1
member
There is a Montgomery County Library Board composed of [12]
recommended
Qy
Montgomery College, subject to the confirmation of the [county
council] Counci1[, by the county executive). The supervisor of school libraries is an
ex officio member ofthe board. A member is appointed for a term of 3 years. [, in an
appointment] A member appointed to fill a vacancy before a term expires [, the
successor] serves the rest ofthe unexpired term.
5-104. Animal Matters Hearing Board.
(a)
Jurisdiction.
7
8
9
10
11
12
13
14
(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.
15
16
17
18
19
(2)
The Board must not enter an order that conflicts with a decision of
the County Circuit or District Court.
20
21
(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 ofTitle 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.
22
23
24
25
26
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(b)
Complaints.
A person may file a complaint with the Board alleging a
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.
28
29
30
31
32
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34
(c)
Membership.
(1)
The Animal Matters Hearing Board consists of
[5]
1
members
appointed by the County Executive and conflTIIled by the County
Council. The Board must include:
(A)
(B)
(C)
(2)
a representative oflicensed animal fanciers;
a representative of the County Humane Society; and
[3]
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.2.
public members.
[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.
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40
41
(3)]
The Executive may remove a member who misses three meetings
during a fiscal year without permission ofthe Chair.
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43
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[(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 ofthe predecessor's term.
[(5)]
ill
The Board must elect a Chair each year from among its
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46
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49
members.
*
lOA-4. Commission on child care.
*
*
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51
52
*
(c)
(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 voting members and [5]
Q
to [7]
~
nonvoting members. The County Executive should appoint the
voting members so that:
[a.]
CA)
Seven members are providers of child care services.
58
59
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.
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[b.]
(ill
Five members are parents of children receiving child
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care servIces.
[c.]
(Ql
Five members are selected from the business
community and the general public.
[d.].em
One member represents the Montgomery County
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chapter of the Maryland Municipal League.
(3)
The Superintendent of Schools, the Chairman ofthe Montgomery
County Planning Board, the President ofMontgomery College, or
their designees, are nonvoting members of the Commission. Two
designees ofthe Director ofthe Department ofHealth and Human
Services and one designee of the Director of the Community Use
of Public Facilities are also nonvoting members of the
Commission.
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In
addition, upon
recommendation
of the
Commission, the Executive may designate representatives ofup 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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(j)
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(4)
Each member must reside or work in Montgomery County.
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84"
*
*
*
24-61. Commission on Veterans Mfairs.
(a)
DefInition.
In
this Section "Commission" means the Commission on
Veterans Affairs.
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86
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(b)
Established. The County Executive must appoint, subject to confIrmation
by the Council, a Commission on Veterans Affairs.
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(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)
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.
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95
(C)
(D)
(E)
(F)
(G)
(3)
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97
98
99
100
101
The Executive must appoint 4 members to represent the general
public.
102
103
(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;
104
105
(B)
the Director of the Department of Economic Development,
or the Director's designee;
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107
(C)
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the County Executive or the Executive's designee; and
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(0)
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 ofthe delegation
or an individual designated to represent the delegation to be a non­
voting member of the Commission.
(6)
The Executive must appoint
£!:
member of the Commission on
People with Disabilities as
£!:
non-voting member.
ill
The term of each member is 3 years.
The Executive must designate a chair and a vice-chair from
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118
[(7)]
!ID
among the Commission's members.
[(8)]
(2)
After an appointment to fill a vacancy before a term expires,
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the successor serves the rest ofthe 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] CO,uncil. [Membership shall] After considering
the recommendations of the commission, the Executive must appoint
£!:
majority of members who are [consist ofthe] older citizens.
In
addition,
each member must be:
ill
ill
£!:
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
commission in making his appointments.
The nominees shall be
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individuals who are or who have been active in business, industry, labor,
community service, religion, welfare, and/or education, the professions.1
and representatives of major organizations or agencies significantly
concerned with the problems of aging.] The Executive must appoint
1
member ofthe Mental Health Advisory Committee and
1
member ofthe
Veterans Affairs Commission. 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 ofthe
commission, and directors and such other officers as it [shall determine]
determines.
*
(a)
*
*
27-51. Commission-Composition and appointments; meetings; staff.
Composition and appOintment.
There is a Commission on People with
Disabilities. The Commission has 25 voting members, and at least [5]
Q
nonvoting members, including:
(1)
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;
(2)
(3)
(4)
one nonvoting member from the:
(A)
Department ofRecreation;
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(B)
(C)
Department of Transportation; [and]
Human Rights Commission; and
Veterans Affairs Commission; and
(ill
(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 ofthe Commission,
subject to confirmation by the County Council.
*
*
*
*
*
*
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Article III. Recreation Areas and Advisory Boards.
41-21. Recreation board.
(
a)
There is a County Recreation 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)
(2)
1 representative from each recreation area [advisory board]; and
15 members appointed from the County at-large to represent a
cross-section ofthe population ofthe County.
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(c)
The ex officio, nonvoting members ofthe Board are:
(1 )
a representative of the Department of Parks of the Maryland­
National Capital Park and Planning Commission;
(2)
(3)
an administrative representative ofthe 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)
(7)
a representative ofthe Community Action Board;
a representative ofthe Commission on Aging; and
a representative ofthe Commission on People with Disabilities.
[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, fmd 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)
(
c)
Opportunities within the financial ability of all the people.
Equality of opportunity for all people, regardless ofrace, origin, religion,
age or sex.
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(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, fme arts, perfOIming arts, games, music, social
recreation, crafts and special events).
(f)
(g)
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.
(h)
(i)
G)
(k)
(1)
(m)
(n)
(0)
(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
member is appointed by the county executive, subj ect to confrrrnation by
the county council. Individual appointments to a board must reflect a
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(c)
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 ofthe recreation area advisory board for
that area.
(d)
The members ofeach board serve without compensation. The department
ofrecreation must designate a department employee to advise each board,
and the director of the department must ask the Maryland-National
Capital Park and Planning Commission to have a staff member present at
meetings of each board.]
[41-28. Same-Chairperson and vice-chairperson.
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The chairperson and vice-chairperson shall be elected by each recreation area
advisory board from among its members. The term ofthe 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.
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 ofthose 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 ofrecreation 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.
(c)
Support high standards in recreation leadership and in quality ofprogram
servIce.
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(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:
Nancy Floreen, President, County Council
Date
310
311
Approved:
Isiah Leggett, County Executive
Date
312
313
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 4-16
Boards, Committees, and Commissions Various Amendments
DESCRIPTION:
Bill 4-16 would increase the membership of the Animal Matters
Hearing Board, the Commission on Aging, the Commission on People
with Disabilities, the Commission on Veteran Affairs, the Commission
on Child Care, and the Library Board. The Bill would also eliminate
the various geographical area recreation advisory boards.
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 researched.
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.
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