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(a) The council is hereby authorized to adopt and amend by ordinance such regulations concerning the sale, carrying and use of firearms and other dangerous weapons within the county or parts thereof as it shall deem necessary to promote the public safety, morals and welfare.
(b) Any ordinance adopted pursuant to the authority of this section shall be adopted in accordance with procedures prescribed in section 2-97. (Mont. Co. Code 1965, § 16-6.)
The council is hereby authorized to adopt and amend by law, whenever it shall deem the same necessary to promote the public safety and welfare, regulations concerning the obstructing or the placing upon the surface of public sidewalks, streets, curbs, gutters and other public rights-of-way, any objects for the purpose of display, advertisement, sale, rent or related purposes. (Mont. Co. Code 1965, § 16-10; 1970 L.M.C., ch. 8, § 4.)
Division 1. Generally.
The County Executive, subject to confirmation by the County Council, must recommend to the Mayor of the District of Columbia one or more persons to serve as members of the Board of Directors of the District of Columbia Water and Sewer Authority, or any successor or substitute body appointed by the Mayor, and one or more other persons to serve as alternate members of that Board. If any other body is created by federal, state, or District of Columbia law to perform any function related to the Blue Plains Wastewater Treatment Plant, any successor facility, or any other part of the metropolitan area water and sewer system in which the County participates, the Executive, subject to confirmation by the Council, must appoint all representatives or members to which the County is entitled. The persons recommended or appointed may, but need not, be officers or employees of the County. (1996 L.M.C., ch. 6, § 1.)
(a) Generally. The planning implementation purposes of the Office of the County Executive are to:
(1) Implement the land use planning powers granted to the County Executive by State and County legislation;
(2) Coordinate and facilitate the development of executive branch planning policies, thereby ensuring consistency and responsiveness; and
(3) Promote an understanding of executive planning policies by County residents and other County public officials.
(b) Duties. The Office of the County Executive has the following planning implementation functions:
(1) Recommend planning policies to the County Executive;
(2) Develop and implement procedures for participation by the executive branch in the preparation of master plan amendments, and for reviewing, analyzing and commenting on draft master plan amendments before these amendments are transmitted to the County Council;
(3) (A) Review and make recommendations to the County Executive on amendments to the zoning ordinance and subdivision regulations;
(B) Recommend approval or disapproval of subdivision regulation amendments after Council action;
(4) (A) Review the Planning Board's draft growth policy and recommend revisions to the Executive;
(B) Coordinate the use of information in this draft with the formulation of capital improvements program recommendations;
(C) Draft comments on the Planning Board's proposed growth policy for submission to the County Council;
(5) Recommend criteria for adequacy of public facilities, and coordinate Executive recommendations to the Planning Board on whether public facilities are adequate for each preliminary subdivision plan considered by the Board;
(6) Provide leadership and staff support to the planning policies committee;
(7) Facilitate interagency analysis of planning policy issues and documents, and ensure that the perspectives of all executive branch agencies are considered in the formulation of planning policies;
(8) Ensure that executive branch planning policies incorporate community views;
(9) Facilitate communication with the Planning Board, the Council, and the municipalities on planning policies; and
(10) Such other planning policy functions and responsibilities as the County Executive directs.
(c) Coordination of master-planned development. The Executive must designate an employee in the Office of the Executive or the Office of the Chief Administrative Officer as the development coordinator for each planning area for which a newly revised master or sector plan has authorized intensive new development or redevelopment. Among other duties, the Coordinator must:
(1) coordinate the financing and development of County infrastructure in that planning area;
(2) advise the Executive, the Council, the Chief administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to expedite the financing and development of County infrastructure in that planning area;
(3) serve as primary point of contact regarding the financing and development of County infrastructure and associated State and private infrastructure for residents and businesses located or potentially located in or near that planning area and the developer of any development located in that planning area;
(4) acquire and distribute mode share measurements (and related data and methodology) and results for monitoring of a master or sector plan, and make that information publicly available; and
(5) advise the Executive and Council about any other action needed to assure that all required infrastructure keeps pace with private development in that planning area. (1987 L.M.C., ch. 47, § 3; 1993 L.M.C., ch. 2, § 1; 1996 L.M.C., ch. 13, § 1; 2004 L.M.C., ch. 2, § 2; 2010 L.M.C., ch. 46, § 1.)
Cross reference-Administrative procedures act, ch. 2A.
DIVISION 1A. OFFICE OF THE COUNTY EXECUTIVE.
The Office of Internal Audit is part of the Office of the County Executive. The Office of Internal Audit must conduct its work in accordance with professional standards relevant to internal audit.
(a) Duties. The Office must:
(1) must periodically conduct a risk analysis, to identify areas of risk in accountability systems;
(2) based on the risk analysis, conduct fiscal, contract, compliance, internal control, performance, and information system audits, and attestation engagements;
(3) undertake investigative audits and audits required by law;
(4) provide advice to County departments and offices on internal control issues;
(5) communicate actions necessary to enhance accountability; and
(6) conduct other investigations and audits as directed by the Chief Administrative Officer.
(b) Annual work plan. The Office must create an annual workplan subject to the approval of the Chief Administrative Officer. The workplan must include the risk analyses and audits required under subsection (a). The Chief Administrative Officer must submit the annual work plan to the Council for review and comment on or before each June 1.
(c) Annual report. The Office must submit a report to the Inspector General on or before each September 15. The report must include the Executive’s implementation of each written recommendation:
(1) made by the Inspector General in the previous fiscal year;
(2) made by the Office in the previous fiscal year; and
(3) identified by the Office of Legislative Oversight for action by the Executive in the previous fiscal year. (2008 L.M.C., ch. 5, § 1; 2019 L.M.C., ch. 24, §1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department 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.
(a) Definitions. As used in this Section:
Team means the Business Advancement Team.
Navigator means the Small Business Navigator designated by the Executive under subsection (c).
Small business means a privately owned business that meets the requirements of Section 11B-65(a).
(b) Establishment of Team. The Executive must create and administer a Business Advancement Team that includes a Small Business Navigator. The Team must be part of the Office of the County Executive.
(c) Small Business Navigator. The Executive must designate an employee as the Small Business Navigator. Among other duties, the Navigator must:
(1) advise the Executive, the Council, the Chief Administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to assist small businesses to comply with County requirements and regulations;
(2) promote communications between a small business and each County department or agency that the small business must interact with;
(3) develop and maintain a database of information necessary for a small business to comply with County requirements and regulations;
(4) advise small businesses on how to comply with County requirements and regulations; and
(5) identify changes to regulations and requirements that would improve turnaround, eliminate duplication, resolve conflicts in authority, and eliminate unnecessary regulations and requirements.
(d) Additional duties for the Team. In addition to the duties of the Small Business Navigator described in subsection (c), the Team must:
(1) provide constituent services for businesses operating in the County or planning to operate in the County, including:
(A) communicating about new and revised County laws and regulations affecting County businesses;
(B) outreach;
(C) providing publications on County policies;
(D) operating workshops and conferences;
(E) convening targeted business events;
(F) providing oversight and leadership on business programs including:
(i) incubator management;
(ii) economic development incentives and financing programs;
(iii) business development projects; and
(iv) other business-related special initiatives;
(2) serve as a point of contact for County businesses seeking to comply with County requirements and regulations; and
(3) assist County businesses to interact with other State, County, and local government agencies.
(e) Reports. On or before September 15 of each year, the Executive must report to the Council on the activities and recommendations of the Team. (2012 L.M.C., ch. 13, § 1; 2017 L.M.C., ch. 13, §1; 2020 L.M.C., ch. 17, §1.)
The Executive must designate an employee as the Director of County Climate Policy. Among other duties, the Director must:
(a) advise the Executive, the Council, the Office of Sustainability in the Department of Environmental Protection, the Office of Energy and Sustainability in the Department of General Services, the Department of Transportation, and any other appropriate government agency, on the best means to achieve climate goals as defined by the Director;
(b) promote coordination between the Office of Sustainability, the Office of Energy and Sustainability, the Department of Transportation, and the employee designated under Section 18A-10(a) to provide executive direction regarding energy policy and planning;
(c) coordinate climate efforts with County agencies including the Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, Montgomery County Public Schools, and Montgomery Community College;
(d) promote coordination of climate efforts between the County, County agencies, state and federal agencies, and appropriate non-governmental organizations;
(e) coordinate the development of public awareness programs to encourage residents, businesses, and other groups to participate in the County’s climate goals, including the reduction of greenhouse gas emissions; and
(f) recommend legislation to the County Executive and County Council necessary to achieve climate goals. (2018 L.M.C., ch. 22, § 1.)
(a) The Office of Labor Relations is part of the Office of the County Executive. The Office is headed by the Chief Labor Relations Officer.
(b) The Office must:
(1) formulate and implement the County’s labor and employee relations policies;
(2) serve as the employer’s representative in collective bargaining, including any impasse or interest arbitration;
(3) serve as the employer’s representative in all matters before the Permanent Umpire and the Labor Relations Administrator, including prohibited practice charges;
(4) advise employees, managers, and supervisors on labor and employee relations matters, including implementation of collective bargaining agreements and the personnel regulations; and
(5) process grievances arising under a collective bargaining agreement or the personnel regulations. (2020 L.M.C., ch. 16, §1.)
Editor’s note—2020 L.M.C., ch. 16, §§3 and 4 state: Sec. 3. Transition. References to the Office of Human Resources in County law or regulation means the Office of Labor Relations regarding those functions assigned to the Office of Labor Relations under this Act. If the Office of Human Resources is processing or deciding a grievance when this Act takes effect, the Chief Administrative Officer may designate either the Office of Human Resources or the Office of Labor Relations to continue processing or deciding the grievance.
Sec. 4. Budgeting and Reduction-In-Force. The Office of Labor Relations is separate from the Office of the County Executive for purposes of budgeting and any reduction-in-force.
The following positions in the Office of the County Executive are non-merit positions:
(a) 5 Directors of the Regional Services Centers;
(b) Director, Office of Community Partnerships;
(c) Director of Strategic Partnerships;
(d) 4 Assistant Chief Administrative Officers;
(e) 2 Special Projects Managers; and
(f) Chief Labor Relations Officer.
(2007 L.M.C, ch. 5, § 1; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C, ch. 7, § 1; 2019 L.M.C., ch. 5, §1; 2019 L.M.C., ch. 27, §1; 2020 L.M.C., ch. 25, §1; 2021 L.M.C., ch. 11, §1; 2023 L.M.C., ch. 4, §1.)
Editor’s note—2023 L.M.C., ch. 4
, § 3, states: Sec. 3. Sunset Date. This Act must expire, and must have no further force or effect, three years after this Act becomes law.
2019 L.M.C., ch. 5, § 3, states: Transition - Certain Incumbents.
(a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position:
(1) that employee retains all merit system rights; and
(2) 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.
(b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position:
(1) that employee retains all merit system rights upon successful completion of the probationary period; and
(2) 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.
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.
Former Section 2-26, designation of inspector of weights and measures, was repealed by 1996 L.M.C., ch. 13, § 1. The section was formerly derived from Mont. Co. Code 1965, § 2-48; 1972 L.M.C., ch. 16, § 4; 1980 L.M.C., ch. 21, § 1.)
Division 2. Department of Housing and Community Affairs. 1
Cross references-Building regulations, ch. 8; condominiums, ch. 11A; cooperative housing, ch. 11C; fire safety code, ch. 22; historic resources preservation, ch. 24A; homeowners' associations, ch. 24B; moderately priced housing, ch. 25A; housing policy, ch. 25B; housing standards, ch. 26; landlord-tenant relations, ch. 29; new home warranty and builder licensing, ch. 31C; real property, ch. 40; rent supplement and assistance program, ch. 41A; sewers and sewage disposal and drainage, ch. 45; solid waste, ch. 48; subdivision of land, ch. 50; unsafe buildings, ch. 55; urban renewal and community development, ch. 56; zoning, ch. 59.
Notes
| 1 | *Cross references-Building regulations, ch. 8; condominiums, ch. 11A; cooperative housing, ch. 11C; fire safety code, ch. 22; historic resources preservation, ch. 24A; homeowners' associations, ch. 24B; moderately priced housing, ch. 25A; housing policy, ch. 25B; housing standards, ch. 26; landlord-tenant relations, ch. 29; new home warranty and builder licensing, ch. 31C; real property, ch. 40; rent supplement and assistance program, ch. 41A; sewers and sewage disposal and drainage, ch. 45; solid waste, ch. 48; subdivision of land, ch. 50; unsafe buildings, ch. 55; urban renewal and community development, ch. 56; zoning, ch. 59. |
(a) Generally. The Department of Housing and Community Affairs has the following functions:
(1) Affordable housing programs.
(2) Community development programs.
(A) Urban renewal and community development projects.
(B) Relocation services for families and businesses displaced by governmental actions.
(3) Housing standards enforcement, and related activities.
(4) Landlord-tenant relations.
(5) Common ownership community relations.
(6) Other functions designated by law.
(b) Non-merit position. The position of Deputy Director is a non-merit position. (1972 L.M.C., ch. 16, § 10; 1979 L.M.C., ch. 29, § 1; 1980 L.M.C., ch. 21, § 9; 1984 L.M.C., ch. 30, § 1; 1986 L.M.C., ch. 37, § 3; 1988 L.M.C., ch. 1, § 1; 1996 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 26, § 1; 2015 L.M.C., ch. 36, § 1; 2019 L.M.C., ch. 5, § 1.)
Editor's note—The Maryland Public Information Act does not require disclosure of identity of complainant if the agency assured the complainant of confidentiality. Bowen v. Davison, 135 Md. App. 152, 761 A.2d 1013 (2000), citing §2-27 and Chapter 26, Housing and Building Maintenance Standards.
2019 L.M.C., ch. 5, § 3, states: Transition - Certain Incumbents.
(a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position:
(1) that employee retains all merit system rights; and
(2) 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.
(b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position:
(1) that employee retains all merit system rights upon successful completion of the probationary period; and
(2) 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.
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.
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.
Cross reference-Department of Housing and Community Affairs established, § 1A-201(a).
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