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(a) Within two (2) years following the effective date of this section, and periodically thereafter, the county executive shall cause to have evaluations made of the departments, offices and agencies herein created, with the exception of the office of management and budget which will be evaluated by the office of legislative oversight at the direction of the county council. Such evaluations will include, but not necessarily be limited to:
(1) The validity of the original goals, objectives and performance criteria stated as the rationale for creation of the department, office or agency, to the extent that they reflect the intent and purposes envisioned by the county council.
(2) The effectiveness with which these goals, objectives and performance criteria have been accomplished.
(3) The efficiency with which the department, office or agency has operated.
(4) An assessment of other activities and consequences not specifically anticipated at the time the department, office or agency was created.
(5) Recommended changes in the goals, objectives, performance criteria, programs and operating procedures of the department, office or agency, which would, in the opinion of the evaluators, improve the ability of the department, office or agency to meet its intended purpose in an effective and efficient manner.
(b) A report by the county executive of each evaluation pursuant to this section shall be transmitted in writing to the county council, within two (2) years of the effective date of this law. Except as otherwise provided in subsection (c) of this section, all reports shall be made available to the general public.
(c) Within 15 days after receipt of a written report from the County Executive, the Council must determine whether the report, or any part of the report, must not be made public. The only basis on which a report or any part of a report may not be made public is if the report or part contains information that would not be available for public inspection under Title 10, Subtitle 6 of the State Government Article of the Maryland Code.
(d) If a report or any part of a report is not made public by the council, the county executive shall promptly release to the public a general summary of the report or part together with the reasons why the report or part was not made public.
(e) Reports by the office of legislative oversight will be submitted in writing to the county council pursuant to section 29A-9 (reports) of this Code.
(f) The evaluations pursuant to this section will be in addition to the annual audit required by section 315 of the charter of Montgomery County. (1980 L.M.C., ch. 21, § 15; 2011 L.M.C., ch. 49, § 1.)
The council in its discretion shall have full power and authority to enact ordinances for the county as it may deem necessary for the peace, good government, health, safety or welfare of the county, and which are not inconsistent with the provisions of the constitution or public general laws or public local laws of the state, subject, however, to the following limitations and restrictions:
(a) That the council shall not have power to license, regulate, prohibit or submit to local option, the manufacture or sale of alcoholic beverages.
(b) That nothing in this section contained shall be construed as a grant of additional powers to the council to authorize the issuance or renewal of any bonds, certificates, notes or other evidences of indebtedness of the county, except as now or hereafter provided by public general or local law. (Mont. Co. Code 1965, § 2-23; 1945, ch. 947.)
Editor's note-Section 2-12 is referred to in Cade v. Montgomery County, 83 Md. App. 419, 575 A.2d 744 (1990), cert. denied 320 Md. 350, 578 A.2d 190 (1990), U.S. cert. denied 112 L.Ed.2d 1047 (1991), as authority for the County's enactment of County Code Ch. 30C, Motor Vehicle Towing From Private Property. Section 2-12 [formerly §2-23] is cited in County Council for Montgomery County v. Investors Funding Corporation, 270 Md. 403, 312 A.2d 225 (1973); Scull v. Montgomery County Citizens League, 249 Md. 271, 239 A.2d (1968); and in Montgomery Citizens League v. Greenhalgh, 253 Md. 151, 252 A.2d 242 (1969).
The county executive is hereby authorized and empowered to use or to direct the use of any and all facilities, equipment, buildings and land belonging to the county, including trucks, school buses, motors, tools, buildings and any other equipment and property of the county for such purposes and in such manner that shall be necessary for the welfare and benefit of the citizens of the county for the duration of the war or other public emergency and thereafter and also, subject to any contractual obligations to the contrary, to direct any employees hired by the county in connection with the operation and maintenance of facilities, equipment, school buses and trucks to perform such duties, as will, in the discretion of the county executive aid the war effort and any other emergency use to promote the general welfare and benefit of the county; and the county executive may prescribe a pecuniary charge against any person, using such equipment, facilities, buildings and land provided by the county executive in the exercise of authority and power, and in the exercise of this power and authority the county executive is further authorized to purchase and hire additional equipment to carry out the purposes of this section and to establish parking lots. The jurisdiction or regulatory power of the public service commission shall not extend to the special transportation facilities, activities and services furnished in the exercise of authority and power by the county executive and the county executive is hereby further authorized and empowered to pay for the services, facilities, and the purchase and hire of additional equipment from any fund that may be available or that may be made available or levied for. (Mont. Co. Code 1965, § 2-18; 1943, ch. 188; 1970 L.M.C., ch. 9, § 1.)
Editor’s note—See County Attorney Opinion dated 10/29/21
explaining that, although the capital budget limits the County Executive’s expenditure of money for a capital project, the Executive can use that completed facility for any legitimate governmental purpose absent a law or appropriation limiting the Executive’s use of that facility.
The council is hereby authorized and empowered to appropriate at any time or from time to time, either in the annual budget appropriation or by interim resolution, such sum as they may by resolution declare to be necessary or expedient for public defense in time of actual or impending war, insurrection, riot or other emergencies such as floods, fires, disasters or epidemics of disease, and for the defense of the county or the safeguarding of its people or property, and to alleviate suffering in time of actual or impending disaster or peril or to otherwise aid the state or the United States in connection with national defense, or for any other purpose necessary for the preservation of the public health, safety or welfare in the county, and to borrow upon the faith and credit of the county such sum as may be necessary to carry out the provisions of this section. (Mont. Co. Code 1965, § 2-19; 1943, ch. 75, § 1.)
In order to carry out the provisions of sections 2-14 through 2-16 of this Code, the county executive may provide and furnish arms and ammunition to the citizens of the County or to the militia of the state, and may provide and furnish any or all persons engaged in public defense within the county with protective armor and such other equipment and supplies and also purchase, rent, hire and maintain lands, buildings, and equipment as may be considered to be necessary and proper. The county executive may engage the service of persons charged with assisting in public defense and may, with the approval of the council, fix the compensation of such persons, including the payment for services heretofore rendered in connection with the civilian defense activities of the county, and may do all other things needful and necessary to protect and safeguard the people and property within the county from actual or threatened armed invasion or insurrection, and may alleviate their suffering resulting from fire, flood, disaster or epidemic of disease, or other such emergencies. The county executive is authorized to adopt regulations under method (2) of section 2A-15 of this Code to protect the citizens of the county during blackouts, practice air raid alarms, air raids and invasion. All acts done and all money expended by the county for such purposes, either heretofore or hereafter, including the purchase of equipment for civilian defense organization and maintenance, the employment of administrative and technical aid in the interest of civilian defense, the purchase of medical supplies for casualty stations, and the purchase of arms, ammunition and providing and furnishing of telephone service and other service and supplies are hereby ratified and confirmed as just and lawful acts of the county. (Mont. Co. Code 1965, § 2-20; 1943, ch. 75, § 2; 1970 L.M.C., ch. 9, § 2; 1984 L.M.C., ch. 24, § 4; 1984 L.M.C., ch. 27, § 5.)
(a) In order to further carry out the provisions of sections 2-14 through 2-16 the Council may at any time, or from time to time, borrow on the faith and credit of the county such sum of money or other article of value in an amount not to exceed the appropriations made under sections 2-14 and 2-15 by public or private sale of certificates of indebtedness, or other evidence of debt, or by direct negotiation with any state or national banking institution or other lending agency.
(b) The Council may also issue certificates of indebtedness or promissory notes in denominations and amounts, and at interest rates and for periods not exceeding two years as the Council by resolution determines. Such certificates of indebtedness or promissory notes must be executed by the County Executive and attested by the Clerk of the Council. Such promissory notes or certificates of indebtedness may be renewed or reissued at any time or from time to time or may be funded by an issue of serial bonds having an average maturity of not more than ten years from the date of issue.
(c) The bonds, certificates of indebtedness, promissory notes or other evidences of debt issued under this Section must be specifically exempted from sections 8, 9 and 10 of article 31 of the Maryland Code, and from any other public general or local law of Maryland which conflicts with Sections 2-14 through 2-16. All evidences of debt issued pursuant to Sections 2-14 through 2-16 and the interest thereon must be exempt from all state, county and municipal taxes. All debt incurred under Sections 2-14 through 2-16 must be until paid the obligation of the County issued upon its full faith and credit. (Mont. Co. Code 1965, § 2-21; 1943, ch. 75, § 3; 1970 L.M.C., ch. 9, § 3; 1998 L.M.C., ch. 24, § 1.)
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