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The annual salary of each member of the Planning Board, other than the member designated as the full-time member under Division II of the Land Use Article of the Maryland Code Section 15-107, is $24,400, in addition to any salary the member receives under Section 15-108 as a member of the Maryland-National Capital Park and Planning Commission. (2002 L.M.C., ch. 32, § 1; 2007 L.M.C., ch. 2.; 2013 L.M.C., ch. 4, § 1.)
(a) An officer or employee may delegate authority to perform a function to a designated officer or employee or the person who holds a specific position if:
(1) the officer or employee has been vested with authority to perform the function; and
(2) another law does not prohibit delegation of the function.
(b) The officer or employee delegating authority to perform a function may impose limits, terms, and conditions on the delegation of authority.
(c) The officer or employee delegating authority remains responsible for the performance of the delegated function.
(d) A delegation of authority does not divest the officer or employee who delegates authority of the authority to perform the function.
(e) The officer or employee who delegates authority to perform a function may revoke the delegation at any time. Authority to perform a delegated authority remains valid until revoked.
(f) A delegation of authority to perform a function must be in writing.
(g) The official or employee delegating authority to perform a function and the officer or employee who has been designated to perform a delegated function should retain a copy of the delegation.
(h) An officer or employee who has been designated to perform a delegated function may delegate authority to perform the function to an officer or employee or a person who holds a specific position unless the delegation of authority to perform the function under which the official or employee is acting prohibits sub-delegation.
(i) This section does not apply to members of any board, committee, or commission.
(j) Section 1A-105 exclusively governs the appointment of an acting:
(1) County Executive;
(2) Chief Administrative Officer;
(3) head of a department or principal office;
(4) holder of any other position in the Executive Branch designated by law as a non- merit position; and
(5) Executive Director of the Office of the County Council. (2008 L.M.C., ch. 5, § 1; 2013 L.M.C., ch. 4, § 1; 2018 L.M.C., ch. 3, § 1.)
(a) Executive Branch.
(1) These are the departments and principal offices of the Executive Branch.
County Executive (Charter, § 201 et seq.)
Chief Administrative Officer (Charter, § 210 et seq.)
Consumer Protection (Section 11-2)
Correction and Rehabilitation (Section 2-28)
County Attorney (Charter § 213)
Environmental Protection (Section 2-29)
Fire and Rescue Service (Section 2-39A)
General Services (Section 2-30)
Health and Human Services (Section 2-42A)
Housing and Community Affairs (Section 2-27 et seq.)
Intergovernmental Relations (Section 2-64J)
Liquor Control
Management and Budget (Section 2-64K)
Permitting Services (Section 2-42B)
Procurement (Section 2-64N)
Public Information
Public Libraries (Section 2-45 et seq.)
Racial Equity and Social Justice (Section 2-64A)
Recreation (Section 2-58)
Technology and Enterprise Business Solutions (Section 2-58D)
Transportation (Section 2-55 et seq.)
(2) The County Executive must determine whether the entity is a department or a principal office.
(A) Entities that directly serve the public are departments; and
(B) Entities that provide internal support to other parts of County government are principal offices.
(b) Legislative Branch. There are no departments or principal offices in the Legislative Branch. (1986 L.M.C., ch. 37, § 1; 1986 L.M.C., ch. 60, § 3; 1987 L.M.C., ch. 28, § 4; 1987 L.M.C., ch. 34, § 1; 1987 L.M.C., ch. 47, § 1; 1989 L.M.C., ch. 42, § 1; 1993 L.M.C., ch. 2, § 1; 1993 L.M.C., ch. 6, § 1; 1993 L.M.C., ch. 7, § 1; 1993 L.M.C., ch. 44, § 1; 1994 L.M.C., ch. 16, § 1; 1995 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 2, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 20, § 1; 1996 L.M.C., ch. 26, § 1; 1997 L.M.C., ch. 13, § 1; 1997 L.M.C., ch. 26, §1; 1998 L.M.C., ch. 12, § 1; 2000 L.M.C., ch. 5, § 2; 2001 L.M.C., ch. 14, § 1; 2001 L.M.C., ch. 28, §§ 14, 15 and 16; 2002 L.M.C., ch. 5, § 1; 2002 L.M.C., ch. 16, § 2; 2004 L.M.C., ch. 25, § 1; 2005 L.M.C., ch. 26, § 1; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 13, §1; 2015 L.M.C., ch. 36, § 1; 2016 L.M.C., ch. 7, § 1; 2019 L.M.C., ch. 27, §1; 2021 L.M.C., ch. 10, § 1.)
Editor's note—See County Attorney Opinion dated 6/3/08 discussing public purpose funds and non-public purpose funds. See County Attorney Opinion dated 1/8/08 regarding collection of debts owed to the County. See County Attorney Opinion dated 4/30/02 which indicates that, for purposes of a reduction in force, the Regional Service Centers (RSC) are not the same office as the Office of the Chief Administrative Officer (CAO). This means that only the employees in the RSCs are considered when a position is abolished through a RIF process and not the employees of the CAO’s Office. See County Attorney Opinion dated 10/18/00 explaining that, with limited exceptions, the County does not have the financial responsibility for the payment of a judgment or settlement of a tort action against the Sheriff or Deputy Sheriff even if it arises out of an employment relationship.
2015 L.M.C., ch. 36, § 7, states: References to the Department of Economic Development in contracts. All references to the Department of Economic Development in contracts, deeds, licenses, easements, and leases are references to an agent of the County as designated by the Chief Administrative Officer.
2015 L.M.C., ch. 36, § 8 also states, in part: All other provisions of this Act take effect 180 days after the Montgomery County Economic Development Corporation is designated under Section 30B-2.
2015 L.M.C., ch. 13, § 2, states:
Transition. Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
2002 L.M.C., ch. 5, § 2, reads as follows: “Transition. (a) Any function performed by the Department of Information Systems and Telecommunications or the office of cable communications in the Department of Housing and Community Affairs immediately before this Act takes effect [April 11, 2002] are transferred to the Department of Technology Services. (b) A regulation that implements a function assigned to the Department of Technology Services by this Act continues in effect but any reference to any other agency that performed the function must be treated as a reference to the Department of Technology Services.
1995 L.M.C., ch. 13, §§ 3 — 5, 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) Each department and principal office is under the immediate direction of the head of the department or principal offices including any department or office employee holding a position in the Executive Branch designated by law as a non-merit position.
(b) Departments and principal offices are also subject to the general supervision of the County Executive and the Chief Administrative Officer.
(c) Heads of departments and principal offices appoint the merit system employees of the departments and principal offices. (1986 L.M.C., ch. 37, § 1; 1987 L.M.C. ch. 28, § 4; 1995 L.M.C., ch. 13, § 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-202. See County Attorney Opinion dated 1/24/99 explaining that a non-merit position in the Animal Control Division need not be filled.
(a) Executive Branch. These are the offices of the Executive Branch that are not part of a department or principal office:
Office of Agriculture (section 2B-1A)
Office of Animal Services (section 2-58C)
Office of the Commission for Women (section 27-28 et seq.)
Office of Community Use of Public Facilities (section 2-64M)
Office of Emergency Management and Homeland Security (section 2-64O)
Office of Food Systems Resilience (section 2-64Q)
Office of Grants Management (Section 2-64P)
Office of Human Rights (section 27-4)
(b) Legislative Branch. These are the offices of the Legislative Branch:
Office of the County Council (Charter section 101 et seq.)
Office of the Inspector General
Office of Legislative Oversight (section 29A-5)
Office of the People's Counsel
Office of Zoning and Administrative Hearings
(c) Internal offices. For purposes of organization, there may also be offices within departments and principal offices. This article does not apply to them. (1986 L.M.C., ch. 37, § 1; 1987 L.M.C., ch. 28, § 4; 1990 L.M.C., ch. 22, § 1; 1993 L.M.C., ch. 7, § 1; 1996 L.M.C., ch. 13, § 1; 1997 L.M.C., ch. 26, §1; 1998 L.M.C., ch. 29, § 1; 2000 L.M.C., ch. 5, § 2; 2001 L.M.C., ch. 28, §§ 14, 15 and 16; 2007 L.M.C, ch. 5, § 1; 2008 L. M.C., ch. 5, § 1; 2015 L.M.C., ch. 36, § 1; 2019 L.M.C., ch. 5, §1; 2020 L.M.C., ch. 18, §1; 2021 L.M.C., ch. 26, §1; 2021 L.M.C., ch. 20
, §1; 2022 L.M.C., ch. 19, §1; 2023 L.M.C., ch. 21
, § 1.)
Editor’s note—See County Attorney Opinion dated 4/30/02 which indicates that, for purposes of a reduction in force, the Regional Service Centers (RSC) are not the same office as the Office of the Chief Administrative Officer (CAO). This means that only the employees in the RSCs are considered when a position is abolished through a RIF process and not the employees of the CAO’s Office. See County Attorney Opinion dated 1/24/99 explaining that a non-merit position in the Animal Control Division need not be filled.
2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:
(a) that employee retains all merit system rights; and
(b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
(a) Executive Branch.
Each office established under Section 1A-203(a) is under the supervision of an Executive Director who is appointed by the Chief Administrative Officer. Each Executive Director is a merit system employee.
(b) Legislative Branch.
(1) Office of the County Council.
(A) The Council appoints the Executive Director of the Office of the County Council as provided for in Section 1A-102(d), and may give direction to members of the Council's staff. In the absence of direction from the Council, officers of the Council may give directions to the Council's staff.
(B) Except for the Clerk of the Council, the Executive Director of the Office of the County Council or another person designated by the Council appoints and supervises all merit system employees of the Office.
(C) Under the merit system laws, the County Council appoints and removes the Clerk of the Council by a resolution approved by a majority of all councilmembers in office. The Executive Director of the Office of the County Council supervises the Clerk on all matters.
(2) Office of Legislative Oversight.
(A) A majority of councilmembers in office appoints the Director of the Office of Legislative Oversight.
(B) The Director is not a merit system employee.
(C) Beginning on January 1, 1988, the term of the Director is 4 years. There is no limit to the number of terms that a Director may serve. If the County Council has not appointed a successor when a Director's term expires, the Director continues to serve until an appointed successor assumes office. The successor serves for the unexpired part of the term.
(D) The County Council may dismiss the Director for good cause before the end of the Director's term. Before doing so, the Council must tell the Director the Council's reasons for the dismissal. If the Director requests a hearing, the Council must hold one and then issue a written decision to the Director.
(E) The Director appoints and supervises all merit system employees of the Office. The Office and the employees operate independently of the Council's staff.
(3) Office of the People's Counsel.
(A) The County Council may employ, as a term merit system employee, a People’s Counsel. The Council may, by a resolution adopted by an affirmative vote of 6 Councilmembers, remove a People’s Counsel during the Counsel’s term for good cause. Alternatively, the County Council may retain as an independent contractor one or more attorneys, along with support staff, consultants, and expert witnesses, to provide the services of the People's Counsel under Section 2-150. The contract may be canceled at any time by a resolution adopted by an affirmative vote of 6 Councilmembers.
(B) Any attorney employed or retained as the People's Counsel must:
(i) be a member of the bar of the Court of Appeals of Maryland;
(ii) have at least 5 years experience in the practice or teaching of law; and
(iii) have substantial experience with land use legal issues and procedures.
(C) Any attorney employed or retained as the People’s Counsel must not represent any client, other than as People’s Counsel, in any matter involving land use in Montgomery or Prince George’s County.
(D) Any attorney employed or retained as the People’s Counsel must not, within one year after the attorney’s service as People’s Counsel ends, represent any party in any proceeding involving land use in the County.
(4) Office of Zoning and Administrative Hearings.
(A) The County Council, by a majority vote of Councilmembers in office, may appoint one or more hearing examiners of the Office of Zoning and Administrative Hearings, and designate a hearing examiner or the Executive Director of the Office of the County Council as Director of the Office.
(B) The County Council also may retain one or more hearing examiners as independent contractors, and may designate a contract hearing examiner as chief hearing examiner. Chapter 11B does not apply to any contract for hearing examiner services.
(C) The hearing examiners are not merit system employees.
(D) The Director must appoint and supervise the merit system employees of the Office. (1986 L.M.C., ch. 37, § 1; 1987 L.M.C., ch. 28, § 4; 1990 L.M.C., ch. 22, § 1; 1998 L.M.C., ch. 24, § 1; 1999 L.M.C., ch. 19, § 1 and 2; 2000 L.M.C., ch. 20, § 1, 2002 L.M.C., ch. 28, § 1; 2007 L.M.C, ch. 5, § 1; 2013 L.M.C., ch. 4, § 1; 2018 L.M.C., ch. 3, §1.)
Editor’s note—See County Attorney Opinion dated 4/30/02 which indicates that, for purposes of a reduction in force, the Regional Service Centers (RSC) are not the same office as the Office of the Chief Administrative Officer (CAO). This means that only the employees in the RSCs are considered when a position is abolished through a RIF process and not the employees of the CAO’s Office. See County Attorney Opinion dated 1/24/99 explaining that a non-merit position in the Animal Control Division need not be filled.
2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:
(a) that employee retains all merit system rights; and
(b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.