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(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).
(a) Purpose. It is the purpose of this section to provide for:
(1) A continuing review and analysis of the housing and development authorization process whereby the respective standards, codes, permitting procedures and other regulatory requirements associated with housing construction and rehabilitation and with commercial and industrial development may be identified; public health, safety, aesthetic, environmental and other social or economic benefits of such requirements estimated; and economic costs in time and dollars for regulation of various types of construction and development similarly estimated;
(2) An assessment of the economic and fiscal impacts of all new and revised regulatory requirements proposed for application to the housing and development process;
(3) A review by the County Executive of the relative benefits and costs associated with regulatory requirements identified and analyzed;
(4) A continuing and systematic exchange of ideas, criticisms and recommendations for improvement in regulatory machinery between the County agencies involved in the regulation of construction and development and organizations representing the concerned parts of the private sector in the County;
(5) Formulation of proposed improvements to the building permit and authorization process in order to decrease the time required for approvals;
(6) In accord with the County's economic development policies, an ombudsman and facilitator function to serve new business considering location within the County as well as expediting individual permit applications;
(7) Submittal by the County Executive of periodic and special reports on the foregoing to the County Council and the public; and
(8) Assignment of appropriate organizational responsibilities to implement these objectives.
(b) Cost-benefit analyses of regulatory requirements.
(1) The County Executive shall establish procedures for analyzing and assessing the relative benefits and costs associated with major elements of the development authorization and regulatory processes as they apply to residential, commercial and industrial construction and development with attention to new construction and rehabilitation. Such elements shall include but not be limited to:
a. Construction codes, especially those provisions that represent a more strict or stringent requirement than the relevant national code;
b. Fire safety requirements;
c. Road and street specifications for subdivision formation and site development;
d. Housing and other occupancy codes, permits and requirements; and
e. Sedimentation and soil erosion requirements.
(2) In conducting these cost-benefit analyses, consideration must be given to the publications, views, and assessments of:
a. The responsible County agencies, including the Departments of Fire and Rescue Services, Permitting Services, and Environmental Protection, Park and Planning Commission, and Soil Conservation District;
b. Local, state and national safety and environmental standards, and similar organizations and groups, especially results of research and studies that quantify benefits to health, safety, aesthetic and other quality of life values; and
c. Findings, assessments and views of the County's business community.
(3) Based upon the foregoing reviews and analyses, the County Executive from time to time shall initiate such changes as would bring costs and benefits into the most advantageous and balanced relationship in light of environmental, health and safety and economic development objectives of the County. Subsequent to public notice and hearing, the County Executive shall initiate the appropriate changes through administrative action, excluding fire safety and construction codes; he shall submit proposed legislation to the County Council or initiate recommendations to any other state, federal or other bodies or agencies about appropriate legislative or administrative action.
(c) Economic impact of proposed new regulatory requirements.
(1) Upon receipt of any proposal for new or reduced requirements to be added to the development and authorization process, the County Executive must obtain from the Director of Housing and Community Affairs, or another nonregulatory organizational unit or official to whom the County Executive assigns the responsibility, an assessment of the impact of the proposed change in requirements on the County economy, including the extent of added or decreased time or cost to construction or development, the extent of likely pass-through costs or economies to consumers, and the effect on the economic development objectives of the County.
(2) The County Executive shall balance the relative benefits and costs of the proposed change in requirements along with other relevant factors in arriving at a decision. Recommended legislation calling for new or reduced requirements shall be accompanied by cost-benefit analyses in its submittal to the County Council.
(d) Simplifying and streamlining the development process.
(1) The Director of Housing and Community Affairs must recommend ways to improve the development authorization process, including the possible conduct of certain phases of the process in parallel instead of in sequence, with the objective of reducing time and other costs imposed on housing and development. The Director must submit these proposals to the Departments of Environmental Protection, Permitting Services, and Fire and Rescue Services, the Park and Planning Commission, the County Executive, or other appropriate agencies for response.
(2) The Director shall, in consultation with the above mentioned County agencies, issue, maintain and update a manual for use by the business community describing the steps in the development authorization process. This manual shall include the requirements associated with the subdivision review process as compiled by the Montgomery County Planning Board.
(3) The Director shall convene conferences between the County business community and the County regulatory agencies for purposes of identifying problems and possible improvements in the development authorization process.
(4) In order that County government agencies, municipal and state agencies, the business community and the general public be kept informed of current anticipated regulatory changes, the Director shall publish twice annually an agenda of scheduled reviews or revisions of existing or proposed new regulations associated with housing, industrial, commercial and community development.
(5) The Director shall develop a system for tracking development proposals through the entire authorization process, including subdivision review, construction permitting and occupancy permitting and shall take, or recommend the taking of, appropriate steps to implement such a system.
(e) Ombudsman and expediter functions. The County Executive must designate an organization unit or official with responsibility for serving as an ombudsman and expediter on behalf of builders, developers and other business enterprises with regard to the development authorization process. The designated ombudsman may be filled by a non-merit position in the Office of the County Executive. The ombudsman may perform such activities as:
(1) Representing the County Executive in obtaining the cooperation of County, bi-County, and state agencies in expediting permit applications;
(2) Expediting individual permit applications in accord with the County's economic development policies. This may include at the request of the applicant and as an initial step in the entire development process, the convening of representatives of all offices and departments of the County, public agencies, boards and commissions likely to require public takings, construction or extension of public facilities, dedications or easements, for the purpose of ascertaining the general scope and nature of such public requirements;
(3) Conferring with agency liaison staffs and developers and builders to facilitate understanding of responsibilities and to eliminate processing obstacles.
(f) Annual report. As part of the annual report of the Department of Housing and Community Affairs to the County Executive and County Council, the Department must describe activities conducted, accomplishments achieved, and difficulties encountered in carrying out the objectives of subsection (d) and such other tasks as may be assigned to the Department. (1979 L.M.C., ch. 40, § 1; 1996 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2015 L.M.C, ch. 7, § 2.)
Division 3. Department of Corrections and Rehabilitation.
The department of correction and rehabilitation shall operate all programs pertaining to detention and rehabilitation of persons under the jurisdiction of the county government awaiting trial or having been convicted of a crime in violation of state, federal, county or other local laws. (1972 L.M.C., ch. 16, § 11; 1986 L.M.C., ch. 37, § 3.)
Editor’s note-The above section is cited in Polk v. Montgomery County, 548 F.Supp. 613 (D.Md. 1982).
See County Attorney Opinion dated 10/18/00 explaining that, with limited exceptions, the County does not have a 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.
Cross reference-Department of Correction and Rehabilitation established, § 1A-201(a).
The Department of Environmental Protection must:
(a) protect, preserve, and enhance the environmental resources of the County, including environmental planning, design, and development of disposal sites and facilities for public sewerage;
(b) develop programs and administer laws and regulations:
(1) to promote energy conservation; and
(2) to prevent or control air, water, and land pollution;
(c) develop programs and administer laws and regulations necessary to protect the public health and environmental quality;
(d) plan, design, develop, and manage solid waste facilities and programs, including collection, disposal, recycling, and waste reduction programs, and administer related licensing and regulatory programs and activities; and
(e) perform other environmental protection functions as directed by the County Executive. (1972 L.M.C., ch. 16, § 12; 1973 L.M.C., ch. 25, § 2; 1978 L.M.C., ch. 11, § 1; 1979 L.M.C., ch. 29, § 2; 1980 L.M.C., ch. 21, § 13; 1983 L.M.C., ch. 30, § 1; 1986 L.M.C., ch. 37, § 3; 1995 L.M.C., ch. 13, § 1; 1995 L.M.C., ch. 18, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2008 L.M.C., ch. 5, § 1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "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."
Cross reference-Department of Environmental Protection established, § 1A-201(a).
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