Sec. 2-29A. Non-merit position.

   The position of Deputy Director in the Department of Environmental Protection is a non-merit position. (2023 L.M.C., ch. 28, § 1.)

Division 5. DEPARTMENT OF GENERAL SERVICES. [Note]

 

Notes

[Note]

Editor's note—Former division 5, §§ 2-30—2-39, dealt with the Department of Finance and was repealed by 1986 L.M.C., ch. 37, § 4. The sections were formerly derived from the following: Mont. Co. Code 1965, §§ 2- 36—2-45; 1967 L.M.C., ch. 1, § 1; 1968 L.M.C., ch. 4, § 1; 1969 L.M.C., ch. 34, §§ 2—5; 1969 L.M.C., ch. 41, § 1; 1972 L.M.C., ch. 16, § 2; 1976 L.M.C., ch. 41, § 1; 1980 L.M.C., ch. 21, § 8; 1982 L.M.C., ch. 2, § 1; and 1984 L.M.C., ch. 24, § 4. See now § 20-38 et seq.

Sec. 2-30. Department of General Services — Functions.

   (a)   Generally. The Department of General Services must:

      (1)   acquire and dispose of real property, except real property used (or intended to be used) for right-of-way governed under Chapter 49, including roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkway systems;

      (2)   design and build County buildings, including public parking facilities under Chapter 60;

      (3)   maintain County vehicles, including heavy and light equipment and transit equipment;

      (4)   remodel and renovate County buildings, except public parking facilities under Chapter 60, which remain open during the remodeling or renovation;

      (5)   repair and maintain County buildings, except public parking facilities under Chapter 60;

      (6)   manage County property and identify and acquire real property needed for the operation of County government;

      (7)   plan and implement the use of space in County buildings; and

      (8)   operate mail, printing, duplication, and archiving services.

   (b)   Non-merit position. The position of Deputy Director is a non-merit position. (2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 13, § 1; 2019 L.M.C., ch. 5, § 1.)

   Editor’s note—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. 13, § 2, states:

   Transition. Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, 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.

   Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.

   2008 L.M.C., ch. 5, §§ 2, 3, 4 and 6, state:

   Sec. 2. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Public Works and Transportation in connection with designing, building, and maintaining County facilities (except maintaining or renovating public parking facilities under Chapter 60, as provided for under Section 1 of this Act), maintaining County vehicles and equipment, acquiring and disposing of real property not associated with roads, bridges, and other related transportation facilities, and operating mail, printing, and duplication services, is transferred to the Department of General Services.

   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 inn 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.

   Sec. 4. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Economic Development in connection with the Small Business Reserve Program is transferred to the Department of General Services.

Secs. 2-31—2-39. Reserved.

Division 5A. Montgomery County Fire and Rescue System. [Note]

 

Notes

[Note]

*Cross references—Fire and Rescue Services, ch. 21; fire safety code, ch. 22.

Sec. 2-39A. Structure.

   (a)   Public-private partnership. The Montgomery County fire and rescue system is a public-private partnership, acting through the Montgomery County Fire and Rescue Service, with the advice of the Fire and Rescue Commission.

   (b)   Department of County government. The Montgomery County Fire and Rescue Service is a department of County government under the County Charter. The Fire Chief is Director of the Department. The Department consists of a Division of Volunteer Services, a Division of Fire and Rescue Operations, and any other divisions necessary for effective management and administration of the Department.

   (c)   Local Fire and Rescue Departments. The local fire and rescue departments and their volunteer members are an essential element of the Montgomery County Fire and Rescue Service because under Chapter 21 they furnish direct fire, rescue, and emergency medical services in conjunction with County employees in the Fire and Rescue Service.

   (d)   Duties. The Montgomery County Fire and Rescue Service has the duties and responsibilities assigned in Chapter 21 and Chapter 22, in addition to any other duties assigned by law or by the County Executive. (1973 L.M.C., ch. 25, § 5; 1980 L.M.C., ch. 64, § 1; Exec. Order No. 27-81, § 2; 1986 L.M.C., ch. 37, § 3; 1988 L.M.C., ch. 14, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 4, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2004 L.M.C., ch. 5, § 1; 2009 L.M.C., ch. 5, § 1.)

   Editor's note-The above section is interpreted in Potter v. Bethesda Fire Department, Inc., 309 Md. 347, 524 A.2d 61 (1987).

   See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities.

   Cross reference-Department of Fire and Rescue Services established, § 1A-201(a).

Division 6. Reserved.*

Secs. 2-40-2-41B. Reserved.

   *Editor's note—Former Division 6 was entitled “Department of General Services” and consisted of §§ 2- 40, 4-41. These sections were repealed by 1973 L.M.C., ch. 25, § 1. Subsequently, 1986 L.M.C., ch. 60, § 1, changed the title to “Department of Addiction, Victim, and Mental Health Services;” and § 2 added §§ 2-40—2-41B. Subsequently, Division 6 was repealed by 1995 L.M.C., ch. 13, § 2.