Article I. Elected and Appointed Officials.
§ 1A-101. Scope of article.
§ 1A-102. Process for appointing and confirming officials.
§ 1A-103. Duties of the chief administrative officer.
§ 1A-104. Heads of departments and principal offices; other positions designated as nonmerit.
§ 1A-105. Acting officials.
§ 1A-106. Salaries of the County Executive and Councilmembers.
§ 1A-107. County Executive Residency Requirement.
§ 1A-108. Salaries of Planning Board members.
§ 1A-109. Delegation of Authority; Sub-delegation.
Article II. Departments and Offices.
§ 1A-201. Establishing departments and principal offices.
§ 1A-202. Supervision of departments and principal offices.
§ 1A-203. Establishing other offices.
§ 1A-204. Supervision of offices and appointment of heads.
(a) Contents of Article. This Article contains the provisions of County law that relate to specific elected or appointed officials.
(b) List of elected officials.
(1) Councilmembers.
(2) County Executive.
(c) List of appointed officials.
(1) Chief Administrative Officer.
(2) County Attorney.
(3) Heads of departments and principal offices.
(4) Executive Director of the Office of the County Council (optional).
(5) Any person holding any other position in the Executive Branch designated by law as a non-merit position.
(d) In this Chapter, position in the Executive Branch designated by law as a non-merit position does not include any:
(1) special assistant to the County Executive;
(2) member of a board or commission; or
(3) officer authorized by law to be appointed to serve in a quasi-judicial capacity. (1986 L.M.C., ch. 37, § 1; 1987 L.M.C., ch. 28, § 4; 1995 L.M.C., ch. 13, § 1; 2013 L.M.C., ch. 4, § 1; 2018 L.M.C., ch. 3, §1.)
(a) Chief Administrative Officer, County Attorney, heads of departments and principal offices, and other non-merit positions in the Executive Branch:
(1) The County Executive may appoint a new Chief Administrative Officer, County Attorney, head of a department or principal office, or other position in the Executive Branch designated by law as a non-merit position at any time.
(A) If the Council confirms a new Chief Administrative Officer, head of a department or principal office, or person to any other position in the Executive Branch designated by law as a non-merit position, the new official automatically assumes the position from anyone who holds that position on an acting or permanent basis.
(B) The County Attorney has the right to have a public hearing before the Council prior to being dismissed by the County Executive. After this right has been satisfied, if the Council confirms a new County Attorney, the new County Attorney automatically assumes the position from anyone who holds that position on an acting or permanent basis.
(2) (A) If the position of Chief Administrative Officer, head of a department or principal office, or any other position in the Executive Branch designated by law as a non-merit position, is vacant, the County Executive must appoint someone to fill the vacancy.
(B) The County Executive should submit the appointment to the Council within 90 days after the vacancy occurs.
(3) (A) Within 60 days, the Council should vote on confirmation of an appointment.
(B) The affirmative votes of a majority of councilmembers in office are necessary to confirm an appointment.
(4) If the Council votes on an appointment, does not confirm it, and does not reconsider the vote, the County Executive must make a new appointment. The County Executive should make the new appointment within 90 days after the deadline for reconsidering the vote.
(5) If the Council does not act on confirmation of an appointment within 60 days, the Council may no longer vote on that appointment. Within 90 days after the end of the sixty-day period, the County Executive should either:
(A) Resubmit the appointment; or
(B) Submit a new appointment.
(6) The Executive must disclose to the Council:
(A) any proposed employment contract with a person appointed to a non-merit position subject to confirmation by the Council at the time of appointment; and
(B) any current employment contract with an employee serving in a non-merit position subject to confirmation by the Council.
(b) County Health Officer.
(1) A person is automatically nominated to the Secretary of Maryland Department of Health to serve as County Health Officer under State law if the County Executive and the County Council appoint and confirm the person as the County Health Officer.
(2) If the Secretary rejects the nominee for the position of County Health Officer, the County Executive and the County Council must appoint and confirm a new person to be the County's nominee for the position.
(c) County Mental Health Director. The Director of the Department of Health and Human Services serves as the County Mental Health Director under State law.
(d) Executive Director of the Office of the County Council.
(1) There is a position of Executive Director of the Office of the County Council. The Council may appoint someone to fill this position.
(2) The Executive Director of the Office of the County Council must be a professionally qualified administrator.
(3) The Executive Director of the Office of the County Council is not a merit system employee.
(4) An appointment must be by a majority vote of councilmembers in office. (1986 L.M.C., ch. 37, § 1; 1987 L.M.C., ch. 28, § 4; 1995 L.M.C., ch. 13, § 1; 2013 L.M.C., ch. 4, § 1; 2018 L.M.C., ch. 3,
§1; 2019 L.M.C., ch. 23, §1
; 2020 L.M.C., ch. 40, §1.)
Editor's note—See County Attorney Opinion dated 4/10/06-A discussing the appointment and supervision of heads of departments and principal offices. See County Attorney Opinion dated 4/10/06, concerning the Chief Administrative Officer’s authority to terminate an appointed official, which quoted Section 1A-102.
2020 L.M.C., ch. 40, § 2, states: Name. This Act must be known as the Public Accountability and County Transparency (PACT) Act.
Sections 3—5 of 1995 L.M.C., ch. 13, read as follows: “Sec. 3. Functions previously performed by the Department of Social Services and the Department of Health are transferred to the Department of Health and Human Services to the extent permitted by State law.
Sec. 4. The Council intends to seek State enabling legislation to permit incorporation of the Department of Health and Department of Social Services in the Department of Health and Human Services as part of the reorganization of County health and human services.
Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
(a) Direction by the County Executive. The Chief Administrative Officer performs the duties of the office subject to the direction of the County Executive.
(b) List of duties. The duties of the Chief Administrative Officer are to:
(1) Advise the County Executive on all administrative matters;
(2) Administer the centralized purchasing system of the County;
(3) Administer the merit system of the County;
(4) Supervise the departments, offices, and agencies of the Executive Branch; and
(5) Perform other tasks that the County Executive assigns. (1986 L.M.C., ch. 37, §1; 1987 L.M.C., ch. 28, § 4.)
Editor's note—See County Attorney Opinion dated 4/10/06-A discussing the appointment and supervision of heads of departments and principal offices. See County Attorney Opinion dated 4/10/06, concerning the Chief Administrative Officer’s authority to terminate an appointed official, which quoted Section 1A-103.
(a) Names. The head of a department or principal office is called the Director of the department or principal office, except that:
(1) the Director of Police is also called the Chief of Police;
(2) the Director of the Montgomery County Fire and Rescue Service is also called the Fire Chief; and
(3) the Director of the Office of the County Attorney is called the County Attorney.
(b) Qualifications.
(1) Each head of a department or principal office should be professionally qualified.
(2) A person holding any other position in the Executive Branch designated by law as a non-merit position must be professionally qualified for the position under a position description established by regulation under method (1).
(c) Status. Heads of departments and principal offices, and holders of any other position in the Executive Branch designated by law as a non-merit position, are County employees but are not merit system employees.
(d) Special reinstatement rule. A person who was a merit system employee of the Police Department when appointed as an Assistant Chief of Police may return to the merit system in the Department at the same rank that the person last held in the merit system. The person must elect to return to the merit system within 10 days after leaving the Assistant Chief position, by notifying the Chief Administrative Officer in writing. If the previous rank was abolished, the person must be assigned to the closest equivalent rank, and must receive the salary and benefits that would apply if the person had remained in the merit system at the previous rank and the rank still existed.
(e) Salaries. The Executive must design a compensation system to attract and retain highly competent senior leaders as heads of departments and principal offices, and other non-merit employees in the Executive Branch. Each of these employees must be paid a salary within a salary schedule proposed by the Executive and approved by the Council in the Operating Budget of the Montgomery County Government. The salary schedule may contain a provision permitting the Executive to exceed the salary schedule established for a position for an individual employee, subject to Council approval, if the Executive finds that it is necessary to attract or retain a senior leader for a specific position. The Council must establish a salary schedule for non-merit positions in the Legislative Branch as part of the Operating Budget of the Montgomery County Government.
(f) Severance pay. The Executive or a Councilmember must not authorize any payment of money or paid administrative leave to a non-merit employee in the Executive Branch or in the Legislative Branch upon separation from County employment unless the payment is expressly authorized by law. The Executive or a Councilmember must not enter into an employment agreement with a non-merit employee that provides for any type of severance pay for an employee who is terminated with or without cause. This subsection must not be interpreted to prohibit:
(1) the payout of unused leave at termination of employment;
(2) a discontinued retirement pension authorized under Section 33-45(d) or Section 33-45(e); or
(3) severance pay under Sections 33-139 and 33-140. (1986 L.M.C., ch. 37, § 1; 1987 L.M.C., ch. 28, § 4; 1993 L.M.C., ch. 44, § 1; 1995 L.M.C., ch. 13, § 1; 2000 L.M.C., ch. 6 § 1; 2006 L.M.C., ch. 33, § 1; 2016 L.M.C., ch. 4, § 1; 2020 L.M.C., ch. 41, §1.)
Editor’s note—See County Attorney Opinion dated 1/24/99 explaining that a non-merit position in the Animal Control Division need not be filled.
2020 L.M.C., ch. 41, § 2, states: Transition. The amendments in Section 1 must apply to any County employee who separates from County employment on or after the date this Act takes effect.
2016 L.M.C., ch. 4, § 2, states, in part: Effective Date. ... This Act must apply to any employee who is hired or promoted to head of a department or principal office or other non-merit position after the date the Council approves the first salary schedule required in Section 1.
2000 L.M.C., ch. 6, §§ 2 and 3, state:
Sec. 2. The Chief Administrative Officer must abolish the following occupational classes on the date that the County Council confirms the third Assistant Chief of Police: (a) police lieutenant colonel; and (b) police major. Until the classes are abolished, the Chief of Police must not appoint any other person to a position in these classes.
Sec. 3. An employee of the Department of Police must not represent the Department or the County as an attorney in any administrative, quasi-judicial, or judicial proceeding.
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