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.
(a) Scope. This Section applies to acting:
(1) County Executives;
(2) Chief Administrative Officers;
(3) Heads of departments and principal offices;
(4) Holders of any other position in the Executive Branch designated by law as a non-merit position; and
(5) Executive Directors of the Office of the County Council.
(b) Powers. Acting officials have all of the powers of permanent officials except that:
(1) Those powers may be limited by law, or by the terms of an appointment during a temporary absence or disability; and
(2) An acting Chief Administrative Officer becomes acting County Executive only if the County Executive authorizes that succession.
(c) Application of merit system laws. If the merit system laws applied to an employee before that employee became an acting official:
(1) The limitations in the merit system laws on how long an employee may serve as an acting official continue to apply; and
(2) The status of the employee in the merit system does not change.
(d) Acting County Executive.
(1) List of Successors.
a. The County Executive should maintain a list of successors naming employees of the Executive Branch who may serve as acting County Executive. The list should contain at least 2 names and must describe the order of succession.
b. In order to be effective, the County Executive must file these names with the Council and publish them in the Montgomery County Register as soon as reasonably possible.
(2) Vacancy.
a. There is a vacancy in the position of County Executive if the County Executive:
1. Dies;
2. Resigns;
3. Becomes disqualified under Section 203 of the Charter or State law; or
4. Is removed under Section 206 of the Charter or State law.
b. If there is a vacancy in the position of County Executive, the Chief Administrative Officer is acting County Executive.
c. If the Chief Administrative Officer is unavailable, the acting County Executive is the person designated by the list of successors.
(3) Temporary Absence or Disability.
a. The County Executive may name in writing someone in the Executive Branch who is the acting County Executive while the County Executive is temporarily absent or disabled.
b. If the County Executive has not named someone in writing, the acting County Executive is the person designated by the list of successors.
c. If all designated successors are unavailable, the Chief Administrative Officer is the acting County Executive.
(e) Acting Chief Administrative Officer, heads of departments and principal offices, and other non-merit positions in the Executive Branch.
(1) The County Executive may name an acting 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, if:
a. A position is vacant; or
b. The incumbent is temporarily absent or disabled.
(2) The Chief Administrative Officer, heads of departments and principal offices may name their own acting successors who will serve if:
a. The County Executive has not named someone; and
b. The incumbent is temporarily absent or disabled.
(3) The head of the department or principal office names the acting successor for any department or office employee holding a position designated by law as a non-merit position if:
a. the County Executive has not named someone; and
b. the incumbent is temporarily absent or disabled.
(4) Except as provided for in paragraph (e)(5), if a department or principal office does not have a permanent or acting Director, the Chief Administrative Officer directly supervises the Department or principal office.
(5) The following limitations apply to acting Directors.
a. An acting Chief Administrative Officer, acting head of a department or principal office, and an acting holder of any other position in the Executive Branch designated by law as a non-merit position, must be a County employee when named.
b. An acting Director of the Department of Finance must be an employee of the Department.
c. An acting County Attorney must be licensed to practice law in Maryland.
(f) Executive Director of the Office of the County Council.
(1) If the position of Executive Director of the Office of the County Council is vacant, the Council may appoint an acting Executive Director.
(2) (A) If the Executive Director of the Office of the County Council becomes temporarily absent or disabled, the Council may appoint an acting Executive Director.
(B) If the Council does not appoint an acting Executive Director of the Office of the County Council under this paragraph, the Executive Director may appoint an acting Executive Director.
(3) An acting Executive Director of the Office of the County Council, who is not a merit system employee, must be a professionally qualified administrator.
(g) Time limit. No one may serve as an acting official for more than 6 months in any one- year period unless a majority of councilmembers in office votes to extend the limit and the Merit System Protection Board grants any other approval required by the merit system laws. This time limit does not apply to an acting County Executive.
(h) Removal.
(1) The County Executive may remove an acting official in the Executive Branch at any time.
(2) The Council may remove an acting Executive Director of the Office of the County Council at any time. (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.)
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.
(a)
Salary of County Executive.
Except as provided in subsection (c), the County Executive must receive an annual salary of $190,000 beginning on December 1, 2014.
(b) Salary of Councilmembers.
(1) Except as provided in paragraph (2) and subsection (c), a Councilmember must receive an annual salary of:
(A) $113,310 beginning on December 1, 2014;
(B) $120,675 beginning on December 7, 2015;
(C) $128,519 beginning on December 5, 2016; and
(D) $136,258 beginning on December 4, 2017.
(2) The Council President must receive an additional amount equal to 10% of the salary of other Councilmembers.
(c) Annual adjustments.
(1) Beginning on December 3, 2018, the salaries of the Councilmembers must be adjusted annually on the first Monday in December by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year.
(2) Beginning on December 7, 2015, the salary of the County Executive must be adjusted annually on the first Monday in December by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year.
(d) Additional compensation.
(1) County Executive. The County Executive's authority to accept additional compensation is limited by Sections 203 and 407 of the Charter.
(2) Councilmembers. Councilmembers must not receive additional compensation for performing their duties to the county. The duties of a councilmember include service on any board, agency, authority, or commission if the Council appoints or confirms the councilmember. (1986 L.M.C., ch. 37, § 1; 1987 L.M.C., ch. 1, § 2; 1987 L.M.C., ch. 28, § 4; 1990 L.M.C., ch. 30, § 1; 1998 L.M.C., ch. 20, § 1; 2002 L.M.C., ch. 18, § 1; 2006 L.M.C., ch. 8, § 1; 2009 L.M.C., ch. 33, § 1; 2013 L.M.C., ch. 30, § 1; 2018 L.M.C., ch. 3, § 1.)
Editor’s note—2013 L.M.C., ch. 30, § 2, states: Transition. The County Executive and each Councilmember must receive the salaries authorized by Section 1A-106 before being amended by this Act until those salaries are increased under Section 1A-106, as amended by Section 1 of this Act.
2009 L.M.C., ch. 33, § 2, states in part: Transition. The County Executive, Councilmembers, Sheriff, and State’s Attorney must receive the salaries authorized by Section 1A-106, Section 2-7, and Section 2-123A before being amended by this Act until those salaries are increased under Section 1A-106, Section 2-7, and Section 2-123A, as amended by Section 1 of this Act.
2006 L.M.C., ch. 8, § 2, states: Transition. The County Executive, Councilmembers, Sheriff, and State’s Attorney must receive the salaries authorized by Section 1A-106, Section 2-7, and Section 2-123 before being amended by this Act until those salaries are increased under Section 1A-106, Section 2-7, and Section 2-123, as amended by Section 1 of this Act.
Section 3 of 1990 L.M.C., ch. 30, stated “A councilmember taking office on or after December 3, 1990 must be offered a car telephone for official business use.”
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