(a) Generally. The purposes of the Department of Technology and Enterprise Business Solutions are to:
(1) promote the appropriate use of automated information systems and telecommunications technology by the County government;
(2) plan, develop, and ensure the proper operation of the County government's telecommunications capabilities, with special emphasis on the long-term issues of connectivity and compatibility;
(3) ensure that the County government provides automated information services;
(4) review decentralized process support systems for consistency with overall policy and compatibility with other governmental systems; and
(5) promote the sharing of data and information technology systems among the departments and agencies, subject to the state public records act.
(b) Duties. The Department must:
(1) operate the County's central computer system and provide technical support necessary to:
(A) generate and maintain the software of all systems;
(B) assess requirements for computer hardware and software; and
(C) supervise network control activities;
(2) administer each cable communications or other telecommunications franchise granted by the County Council and any other telecommunications agreement involving or regulated by the County;
(3) operate and manage all telecommunications facilities owned or controlled by the County, including the County fiber-optic data network, telephone system, Internet service, cable television transmissions, and public safety communications;
(4) make County policy recommendations;
(5) establish standards for automated information systems and telecommunications;
(6) plan and oversee the installation and support of departmental and enterprise automated information systems, including public safety communications systems, local- and wide-area networks, enterprise servers, and the desktop computer replacement program, under written policies approved by the Chief Administrative Officer (CAO);
(7) maintain a geographic database of all installed telecommunications facilities in the County for which the County has any legal authority to require data, or is able to obtain voluntarily or through a third-party;
(8) approve, deny, or modify all requests for telecommunications and information processing facilities before acquisition; and
(9) advise the County Council on the acquisition of telecommunications and information processing systems, although the Council has the final authority to acquire facilities and systems for its own use.
(c) Chief Information Officer. The Director of Technology and Enterprise Business Solutions serves as the County’s Chief Information Officer (CIO). The CIO, under the supervision of the Chief Administrative Officer, must:
(1) serve as chair of the Information Technology Policy Advisory Committee;
(2) review and approve any proposed procurement of information technology for the County government to ensure that the proposed procurement is consistent with approved information technology policies and standards, unless the Director of Procurement appeals the CIO’s decision to the Chief Administrative Officer to resolve;
(3) plan, direct, and manage each major information technology project of the County government, under written policies approved by the CAO;
(4) submit a plan to the County Council by February of each year for the County’s use of any information technology resources that a person was required to provide under a cable or other telecommunications franchise granted by the Council under Chapters 8A or 49;
(5) administer each cable television or other telecommunications franchise granted by the Council strictly according to law, the approved franchise agreement, and any franchise administration policies established by the Council by resolution;
(6) provide technical assistance to the Interagency Technology Policy and Coordination Committee or any successor organization;
(7) serve as the County government’s liaison with other County, State, regional, and federal government agencies, such as the Montgomery County Public Schools, Montgomery College, the Washington Suburban Sanitary Commission, and the Maryland-National Capital Park and Planning Commission, to promote efficiency and, to the extent practical, consistent standards and interoperability of information technology among the County government and these agencies; and
(8) perform the duties described in Section 2-58E to coordinate all telecommunications transmission facilities in the County.
(d) Information Technology Policy Advisory Committee.
(1) The Information Technology Policy Advisory Committee includes:
(A) the Director of Finance;
(B) the Director of the Office of Management and Budget;
(C) the Director of General Services;
(D) the Director of the Office of Human Resources;
(E) the County Attorney;
(F) the Chief of Police;
(G) the Fire Chief;
(H) the Director of Transportation;
(I) the Director of Health and Human Services; and
(J) any other head of a County agency, department, or office listed in Executive regulations approved under method 2.
(2) The members listed in paragraph (1) serve as permanent, ex officio voting members.
(3) The Committee must:
(A) establish and frequently review, at least twice a year, information technology policies and standards for the County government that:
(i) promote efficient delivery of government services to the public;
(ii) are cost-effective;
(iii) promote, to the extent practical, interoperability with other public and private information technology systems;
(iv) ensure the accuracy, integrity, and security of information created by or entrusted to the County government; and
(v) comply with federal, State, and local laws;
(B) monitor information technology developments and promptly advise the Executive and Council about potential impacts of new technology;
(C) review and advise the CIO on any proposed procurement of information technology for the County government that exceeds an amount established by Executive regulation; and
(D) make recommendations to the CIO regarding the use of any information technology resources that a franchisee was required to provide under a cable television or other telecommunications franchise granted by the Council.
(e) Non-merit positions. The positions of Chief Technology Officer, Chief Broadband Officer, Chief Digital Officer, and Chief Data Officer are non-merit positions. (1987 L.M.C., ch. 34, § 2; 2002 L.M.C., ch. 5, § 1; 2007 L.M.C, ch. 5, § 1; 2008 L.M.C., ch. 5, § 1; 2019 L.M.C., ch. 5, § 1; 2020 L.M.C., ch. 25, §1; 2021 L.M.C., ch. 10, §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.
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.
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.
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.
2002 L.M.C., ch. 5, § 3, states: “Transition. (a) Any function performed by the Department of Information Systems and Telecommunications or the office of cable communications in the Department of Housing and Community Affairs immediately before this Act takes effect [April 11, 2002] are transferred to the Department of Technology Services. (b) A regulation that implements a function assigned to the Department of Technology Services by this Act continues in effect but any reference to any other agency that performed the function must be treated as a reference to the Department of Technology Services.
Cross reference-Department of Information Systems and Telecommunications established, § 1A-201(a).