Article I. In General.
§§ 2-1-2-4. Reserved.
§ 2-5. Use of consular registration cards for identification.
§ 2-6. Special deputy sheriffs.
§ 2-7. Location of Sheriff's office; compensation of Sheriff; required use of vehicle.
§ 2-8. Agreements for establishing emergency plans and procedures.
§ 2-9. County vehicles-Storage, parking, markings or identification, designation and use generally.
§ 2-10. Same-Unauthorized use or use for other than official business.
Article II. Powers of County Generally.
§ 2-11. Corporate powers generally.
§ 2-11A. Evaluation of reorganization.
§ 2-12. Police powers generally.
§ 2-13. Public emergency powers-Generally.
§ 2-14. Same-Appropriations.
§ 2-15. Same-Arms and ammunition; civilian defense personnel; regulations, etc.
§ 2-16. Borrowing money.
§ 2-17. State of emergency.
§ 2-17A. Maryland Emergency Management Assistance Compact.
§ 2-18. Continuity of government.
§ 2-19. Authority to provide legal assistance to indigent defendants.
§ 2-20. Power to subpoena witnesses and administer oaths.
§ 2-21. Soil erosion.
§ 2-22. Firearm regulations.
§ 2-23. Regulation of obstructions on public property.
Article III. Executive Branch.
Division 1. Generally.
§ 2-24. District of Columbia Water and Sewer Authority-County representatives.
§ 2-25. Planning implementation.
Division 1A. Office of the County Executive
§ 2-25A. Office of Internal Audit — Functions.
§ 2-25B. Business Advancement Team.
§ 2-25C. Director of County Climate Policy.
§ 2-25D. Office of Labor Relations.
§ 2-26. Non-merit positions.
Division 2. Department of Housing and Community Affairs.
§ 2-27. Functions and organization.
§ 2-27A. Procedures to monitor, review and coordinate the county housing and development authorization process.
Division 3. Department of Correction and Rehabilitation.
§ 2-28. Functions.
Division 4. Department of Environmental Protection.
§ 2-29. Functions.
§ 2-29A. Non-merit position.
Division 5. Department of General Services.
§ 2-30. Department of General Services — Functions.
§§ 2-31 — 2-39. Reserved.
Division 5A. Montgomery County Fire and Rescue System.
§ 2-39A. Structure.
Division 6. Reserved.
§§ 2-40-2-41B. Reserved.
Division 7. Health Officer.
§ 2-42. Health officer.
Division 7A. Department of Health and Human Services
§ 2-42A. Functions, powers, and duties.
Division 7B. Department of Permitting Services.
§ 2-42B. Functions; Advisory Committee.
Division 8. Department of Police.
§ 2-43. Organization and functions.
Division 9. Department of Public Libraries.
§ 2-44. Reserved.
§ 2-45. Powers, duties and functions.
§ 2-46. Library board-Established; composition; term of members.
§ 2-47. Same-Powers and duties generally; recommendations.
§ 2-48. Same-Election of chairman, etc.; adoption of bylaws.
§ 2-49. Library Board-Compensation of members; meetings.
§ 2-50. Same-Services and facilities.
§ 2-51. Library Board-Local advisory committees.
§ 2-52. Transfer of facilities of existing libraries to county.
§ 2-53. Annual payment of county library tax to certain municipalities.
§ 2-54. Adoption of administrative rules.
Division 10. Department of Transportation.
§ 2-55. Functions.
§ 2-56. Non-merit positions.
§ 2-57. Bus advertising.
§ 2-57A. Fees and Charges
Division 11. Department of Recreation.
§ 2-58. Functions.
Division 11A. Reserved.
§ 2-58A. Reserved.
Division 11B. Reserved.
§ 2-58B. Reserved.
Division 11C. Office of Animal Services.
§ 2-58C. Functions.
Division 11D. Department of Technology and Enterprise Business Solutions.
§ 2-58D. Functions.
§ 2-58E. Transmission facility coordination.
Division 12. Advisory Boards or Commissions.
Subdivision I. In General.
§ 2-59. Domestic Violence Coordinating Council
§ 2-60. Criminal Justice Coordinating Commission.
§ 2-61. Assistance to boards.
Subdivision II. Reserved.
§§ 2-62-2-64. Reserved.
Subdivision III. Reserved.
Division 13. Office of Racial Equity and Social Justice.
§ 2-64A. Office of Racial Equity and Social Justice.
§ 2-64B-2-64G. Reserved.
Division 14. Office of Public Information.
§ 2-64H. Functions.
Division 15. Office of Human Resources.
§ 2-64I. Functions.
Division 16. Office of Intergovernmental Relations.
§ 2-64J. Functions.
Division 17. Office of Management and Budget.
§ 2-64K. Functions.
Division 18. Reserved.
§ 2-64L. Reserved.
Division 19. Office of Community Use of Public Facilities.
§ 2-64M. Functions and Duties.
Division 20. Office of Procurement.
§ 2-64N. Functions.
Division 21. Office of Emergency Management and Homeland Security
§ 2-64O. Functions and organization
Division 22. Office of Grants Management.
§ 2-64P. Office of Grants Management – Functions.
Division 23. Office of Food Systems Resilience.
§2-64Q. Office of Food Systems Resilience – Functions.
Article IV. Legislative Branch.
Division 1. Generally.
§ 2-65. Board of health designated.
Division 2. County Council.
Subdivision I. In General.
§ 2-66. Reserved.
§ 2-67. Election of officers.
§ 2-68. Order and decorum.
§ 2-69. Absence of the president.
§ 2-70. Duties of Clerk of the council.
§ 2-71. Reserved.
§ 2-72. Journal and minutes.
§ 2-73. Publication of bills and council proceedings.
§ 2-74. Permanent records.
§ 2-75. Appointments.
§ 2-76. Exercise of zoning, planning and subdivision powers.
§ 2-77. Adoption of rules and regulations.
Subdivision II. Legislative Sessions and Other Meetings.
§ 2-78. Schedule; adoption of rules and regulations; public sessions.
§ 2-79. Quorum.
§ 2-80. Public participation; sign limitation; willful disturbance.
§ 2-81. Yeas and nays.
§ 2-81A. Fiscal Impact Statements.
§ 2-81B. Economic Impact Statements.
§ 2-81C. Racial Equity and Social Justice Impact Statements.
§ 2-81D. Climate Assessments.
§ 2-82. Consideration of bills and budgets.
Division 3. Advisory Boards and Committees.
Subdivision I. Reserved.
§§ 2-83-2-87. Reserved.
Subdivision II. Reserved.
§§ 2-88-2-90. Reserved.
Subdivision III. Reserved.
§§ 2-91-2-94. Reserved.
Division 4. Ordinances, Resolutions, Codes, etc.
§ 2-95. Powers to adopt-Generally; administration and enforcement.
§ 2-96. Administration and enforcement of legislation in municipal corporations and special taxing districts.
§§ 2-97-2-105. Reserved.
§ 2-106. Existing requirements as to advertisement not affected.
§ 2-107. Distribution and sale of information.
Article V. County Board of Appeals.
§ 2-108. Established; composition; appointment and term of chair and members; disclosure of interests.
§ 2-109. Code of ethics.
§ 2-110. Qualifications of members.
§ 2-111. Reserved.
§ 2-112. Jurisdiction.
§ 2-113. Procedures.
§ 2-113A. Referrals to hearing examiner.
§ 2-114. Appeals from decisions.
§ 2-115. Limitation upon authority.
§ 2-116. Employees, etc.
Article VI. Local Management Board for Children, Youth, and Families.
§ 2-117. Declaration of Policy.
§ 2-118. Purposes; scope and mission.
§ 2-119. Designation.
§ 2-120. Board of Directors.
§ 2-121. Articles of Incorporation; Bylaws.
§ 2-122. Agreement with the State; Funding.
§ 2-123. Revocation of Designation as Local Management Board.
Article VII. State's Attorney and Assistants.
§ 2-123A. Compensation of the state's attorney.
§ 2-124. Duties of assistant generally.
§ 2-125. Courts in which assistant's appearance may be made.
§ 2-126. Appearance on behalf of state.
§ 2-127. Collection and disposition of fees.
§ 2-128. Appointment of County Attorney as Assistant State's Attorney; powers, duties.
Article VIII. Reserved.
§§ 2-129-2-134A. Reserved.
Article IX. Public Facility Area Development.
§ 2-135. Short title.
§ 2-136. Findings and declaration of public purpose.
§ 2-137. Definitions.
§ 2-138. Powers and authority of county executive and council generally.
Article X. Office of Hearing Examiner.
§ 2-139. Reserved.
§ 2-140. Powers, duties and functions.
Article XI. Boards, Committees and Commissions.
§ 2-141. Scope of article.
§ 2-142. Definitions.
§ 2-143. Reserved.
§ 2-144. Budget.
§ 2-145. Compensation; reimbursement.
§ 2-146. Terms of boards, committees, commissions, and task forces.
§ 2-147. Group reports; by-laws.
§ 2-148. Appointments, removals, and training.
§ 2-149. Procedures at meetings.
§ 2-149A. Open meetings – supplemental requirements.
Article XII. People's Counsel.
§ 2-150. People's Counsel-Functions.
Article XIII. Inspector General.
§ 2-151. Inspector General.
§ 2-151A. Montgomery County.
Article XIV. Open Data.
§ 2-152. Title.
§ 2-153. Definitions.
§ 2-154. Public data set availability.
§ 2-155. Web portal administration.
§ 2-156. Open data policy.
§ 2-157. Internet data set policy and technical standards.
§ 2-158. Open Data Implementation Plan.
§ 2-159. Public Information Act Responses.
Notes
| [Note] |
Any County department or office may accept a valid consular registration card as personal identification or proof of residence. In this Section, "consular registration card" means an identification card issued by a foreign government to one of its nationals living in the United States after sufficient verification of the card holder's identity and place of residence. The County Executive must issue regulations under method (3) listing the countries that impose verification requirements that reasonably ensure the reliability of information on a consular registration card. At least once every 12 months, the Executive must review the list and may add or delete a country by regulation under method (3). (2003 L.M.C., ch. 18, § 1.)
Editor's note—Previous Section 2-5, requiring an annual audit of the County Historical Society, derived from 1966, ch. 351, ch. 1, was repealed by 1987 L.M.C., ch. 35, § 3.
The Sheriff of the County, on application of any corporation or individual, may appoint special deputy sheriffs for duty in connection with the property of, or under the charge of, such corporation or individual; such special deputy sheriffs to be paid wholly by the corporation or person on whose account their appointments are made. Such special deputy sheriffs shall hold office at the pleasure of the sheriff and shall have the same power and authority as deputy sheriffs possess within the area to which they are appointed and in no other area. (Mont. Co. Code 1965, § 2-100; 1939, ch. 491; 1970 L.M.C., ch. 6, § 1; 1995 L.M.C., ch. 13, § 1.)
Editor's note-A deputy sheriff is not a police officer for the purpose of workers’ compensation presumption of occupational disease in accordance with Md. Code Ann., Lab. & Empl. § 9-503 (1999) [formerly Md. Ann. Code art. 101 § 64A]. Soper v. Montgomery County, 294 Md. 331, 449 A.2d 1158 (1982) (citing Code §§ 2-6(a), 2-43, 35-3(b), 35-8, 35-21(b)). Section 2-6 [formerly §2-91] is cited in Barna v. City of Perth Amboy, 42 F.2d 809 (3rd Cir. 1994); is quoted in part in Griffin v. State, 378 U.S. 130 (1964); and is cited in Griffin v. State, 225 Md. 422, 171 A.2d 717 (1961). Section 2-6 [formerly §2-100] cited in Roberts v. Hecht Company, 280 F.Supp. 639 (D.Md. 1968).
Cross reference--Police, ch. 35.
(a) Location of office. The County Sheriff must hold an office at the courthouse and attend the office at all times, except Sunday, in person or by deputy, for the transaction of business.
(b) Salary.
(1) Except as provided in paragraph (2), beginning on December 6, 2010, the Sheriff must receive an annual salary of $154,000.
(2) Beginning on December 2, 2013, the Sheriff’s salary 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 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.
(c) Use of vehicle. The Sheriff must use a County vehicle, at County expense, to travel to and from work, in order to maintain communication with the Sheriff’s office and other County officials. (Mont. Co. Code 1965, § 2-101; 1918, ch. 256, § 533C; 1922, ch. 406, § 533C; 1927, ch. 710, § 533C; 1983 L.M.C., ch. 14, § 1; 1987 L.M.C., ch. 1, § 1; 1990 L.M.C., ch. 30, § 2; 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—The above section is cited in Soper v. Montgomery County, 294 Md. 331, 449 A.2d 1158 (1982).
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.
Cross reference-Police, ch. 35.
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