Sec. 2-43. Organization and functions.

   (a)   The Department of Police includes the County police and the Office of County Security. The Department has the authority, functions and activities prescribed by law.

   (b)   The Department has five non-merit positions: four Assistant Chief of Police (Sworn) positions and one Assistant Chief of Police (Civilian) position.

   (c)   Any reference in this Code or in regulation or other document to “superintendent of police” or “superintendent” means “Executive Director of Police,” or “Chief of Police,” or “Executive Director”.

(Mont. Co. Code 1965, § 2-64; 1969 L.M.C., ch. 34, § 15; 1977 L.M.C., ch. 3, § 1; 1986 L.M.C., ch. 37, § 3; 1996 L.M.C., ch. 2, § 1; 2000 L.M.C., ch. 6, § 1; 2001 L.M.C., ch. 2, § 1; 2013 L.M.C., ch. 7, § 1; 2016 L.M.C., ch. 7, § 1; 2020 L.M.C., ch. 18, §1; 2020 L.M.C., ch. 22, §1; 2021 L.M.C., ch. 26, § 1; 2023 L.M.C., ch. 21, § 1.)

   Editor's note—The above section is quoted in Soper v. Montgomery County, 294 Md. 331, 449 A.2d 1158 (1982). The above section, together with section 33-3, is cited in DiGrazia v. County Executive for Montgomery County, 43 Md. App. 580, 406 A.2d 660 (1979).

   See County Attorney Opinion dated 10/18/00 explaining that, with limited exceptions, the County does not have 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.

   2000 L.M.C., ch. 6, §§ 2 and 3, state:

   Sec. 2. The Chief Administrative Officer must abolish the following occupational classes on the date that the County Council confirms the third Assistant Chief of Police: (a) police lieutenant colonel; and (b) police major. Until the classes are abolished, the Chief of Police must not appoint any other person to a position in these classes.

   Sec. 3. An employee of the Department of Police must not represent the Department or the County as an attorney in any administrative, quasi-judicial, or judicial proceeding.

   Cross reference-Department of Police established, § 1A-201(a).

Division 9. Department of Public Libraries.

Sec. 2-44. Reserved.

   Editor's note-Section 2-44, establishing the Department of Public Libraries and providing for the appointment of a director, derived from Mont. Co. Code 1965, § 2-50, and 1969 L.M.C., ch. 34, § 9, was repealed by 1986 L.M.C., ch. 37, § 4. The department is now established in § 1A-201(a), and the office of director is established in § 1A-202(a).

Sec. 2-45. Powers, duties and functions.

   The department of public libraries shall have the function of administering a county public library system with a central book depository, branches and stations, and bookmobile services for rural areas not adequately served by such branches and stations. Such branches and stations may be established and maintained in public schools and other public buildings in the county with the consent of the governmental authorities having jurisdiction over such buildings and in such other buildings as the council may provide. (Mont. Co. Code 1965, § 2-51.)

Sec. 2-46. Library board-Established; composition; term of members.

   There is a Montgomery County Library Board composed of 13 members appointed by the Executive from the county at large, including 1 member recommended by Montgomery College, subject to the confirmation of the Council. The supervisor of school libraries is an ex officio member of the board. A member is appointed for a term of 3 years. A member appointed to fill a vacancy before a term expires serves the rest of the unexpired term. (Mont. Co. Code 1965, § 2-52; 1968 L.M.C., Ex. Sess., ch. 10, § 1; 1969 L.M.C., ch. 34, § 10; 1975 L.M.C., ch. 33, § 1; 1986 L.M.C., ch. 51, § 1; FY 1991 L.M.C., ch. 9, § 1; 2016 L.M.C., ch. 12, § 1.)

Sec. 2-47. Same-Powers and duties generally; recommendations.

   The library board shall have authority on its own motion, or on reference from the county executive, to inquire into matters affecting the county public library system including the acquisition and location of new library facilities, the adequacy of book collections, services to outlying districts and personnel needs of the department of libraries, and to make recommendations thereon to the county executive. (Mont. Co. Code 1965, § 2-53; 1969 L.M.C., ch. 34, § 11.)

Sec. 2-48. Same-Election of chairman, etc.; adoption of bylaws.

   The library board is authorized to elect a chairman and other officers, to establish such committees of its members, and to adopt such bylaws for the conduct of its affairs as it deems advisable. (Mont. Co. Code 1965, § 2-54.)