(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.