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The following terms wherever used or referred to in this article shall have the following meanings:
Board means a semi-autonomous body established by federal, state or county law. A board is a formal committee with structure, duties and powers established by law. A board usually performs a quasi-judicial function, licensing, or regulation.
Commission means a body established by local law to study and recommend action to the Executive or the Council. A commission is a formal, standing committee with structure, duties and powers established by law. A commission often has an administrative or functional responsibility, such as reviewing land use plans or studying the supply of low and moderate priced housing.
Committee means a body appointed with a specific task or function. A committee makes recommendations and forwards them for appropriate action. A committee is advisory in nature and can be either a formal (standing) committee established by law or resolution, or an informal (ad hoc) committee. A committee may oversee and advise in service areas, such as housing and transportation, or it may advise the Executive or Council on specific issues and recommend policy direction.
Compensation means payment for services rendered as a committee member; it shall not include reimbursement for actual expenses incurred as a committee member.
Group means any board, committee, commission, task force, or any similar body established by federal, state, or county law, resolution or executive order, which functions as a part of the County government.
Task Force means a body appointed to study or work on a particular subject or problem. A task force ceases to exist upon completion of its charge. (1979 L.M.C., ch. 22, § 1; 2016 L.M.C., ch. 11, § 1.)
Each group's staff and yearly allocation of funds, if any, must be indicated in the budget and no group must spend more than its budgeted amount. The appointing authorities must furnish such staff support as deemed necessary for each group which does not have its own staff provided for in the budget. (1979 L.M.C., ch. 22, § 1; 2016 L.M.C., ch. 11, § 1.)
(a) Unless a law expressly precludes compensation, the Council may establish compensation for members of a particular group by an appropriation that funds a line item in the budget. An appropriation may establish levels of compensation by categories or subcategories or groups.
(b) Unless another method of compensation is established, a group member is compensated for each day that the member works on group business after the member is authorized to do the work by the group or the presiding officer of the group.
(c) Whether or not a group member is compensated for serving on the group, the member may request reimbursement for travel and dependent care. The rate of reimbursement is established in an appropriation.
(d) A group member must not be compensated or reimbursed for travel or childcare expenses if appropriated funds are not available. (1979 L.M.C., ch. 22, § 1; FY 1991 L.M.C., ch. 9, § 1; 1997 L.M.C., ch. 18, § 1; 2005 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 11, § 1.)
(a) The law, resolution, or executive order establishing or continuing any board, committee, commission, or task force should specify the term of the group's existence. If no term is specified, then the board, committee, commission, or task force continues until terminated. The County Executive should monitor the expiration date of those boards, committees, commissions, and task forces that the County Executive appoints. The County Council should monitor the expiration date of those boards, committees, commissions, and task forces that the County Council appoints.
(b) Any new board, committee, commission, or task force should have from 5 to 15 voting members.
(c) Evaluation and Review Board Committee.
(1) The County Executive must appoint and convene at least every 6 years, subject to confirmation by the Council, a citizens review committee comprised of at least 11 members.
(2) The Committee must review the group system and each then-existing board, committee, commission, and task force and report to the Executive and Council its recommendations for changes in individual boards, committees, commissions, and task forces and the group system as a whole. The Committee must submit an interim report to the Executive and Council within 6 months of appointment and submit a final report within 12 months of appointment.
(3) The County Executive must designate the review committee’s chair and vice-chair. (1979 L.M.C., ch. 22, § 1; 1984 L.M.C., ch. 37, § 1; FY 1991 L.M.C., ch. 9, § 1; 1997 L.M.C., ch. 4, § 1; 2005 L.M.C., ch. 23, § 1; 2011 L.M.C., ch. 21, § 1; 2016 L.M.C., ch. 11, § 1.)
Editor's note—2011 L.M.C., ch. 21, §§ 2 and 3, state:
Sec. 2. Contents of Committee Evaluation and Review Board Report. As part of its report, the first Committee Evaluation and Review Board appointed after November 8, 2011 must:
(a) develop scenarios for reduction of County staff time used to support the committees; and
(b) include a discussion of advisory board member workload.
Sec. 3. Continuation of certain board, committees, and commissions:
(a) Purpose. The County has many boards, committees, and commissions that provide a valuable service to the County with the work they perform. These boards, committees, and commissions require significant personnel and operating costs to function. In Fiscal Year 2011, the County spent an approximate $1.4 million on personnel and operating costs to support the County’s boards, committees, and commissions. While these boards, committees, and commissions provide a valuable service, there may be opportunities for consolidation.
(b) Continuation.
(1) In this section, the following words have the meanings indicated:
Advisory board means the following boards, committees, and commissions: Advisory Committees on Consumer Protection, Agricultural Advisory Committee, Airpark Liaison Committee, Cable and Communications Advisory Committee, Commission for Women, Commission on Aging, Commission on Child Care, Commission on Children and Youth, Commission on Health, Commission on Juvenile Justice, Commission on People with Disabilities, Commission on Veterans Affairs, Committee for Ethnic Affairs, Committee on Hate/Violence, County- wide Recreation Advisory Board, Criminal Justice Coordinating Commission, Department of Permitting Services Advisory Committee, Dickerson Area Facilities Implementation Group, Domestic Violence Coordinating Council, Down County Recreation Advisory Board, East County Citizens Advisory Board, East County Recreation Advisory Board, Energy and Air Quality Advisory Committee, Fire and Emergency Services Commission, Forest Conservation Advisory Committee, Friendship Heights TMD Advisory Committee, Library Board, Mental Health Advisory Committee, Mid-County Citizens Advisory Board, Mid-County Recreation Advisory Board, Montgomery Cares Program Advisory Board, Noise Control Advisory Board, Pedestrian and Traffic Safety Advisory Committee, Rustic Roads Advisory Committee, Silver Spring Citizens Advisory Board, Silver Spring Transportation Management District Advisory Committee, Silver Spring Urban District Advisory Committee, Solid Waste Advisory Committee, Sustainability Working Group, Taxicab Services Advisory Committee, Technology Investment Fund Loan/Grant Committee, Upcounty Citizens Advisory Board, Upcounty Recreation Advisory Board, Victim Services Advisory Board, Water Quality Advisory Group, Western Montgomery County Citizens Advisory Board, Wheaton Urban District Advisory Committee.
Committee Evaluation and Review Board means the Board appointed under § 2-146.
(2) Each advisory board must indicate to the Committee Evaluation and Review Board, within 60 days after the Committee Evaluation and Review Board is appointed, if the advisory board should continue. Each advisory board that so indicates must provide the Committee Evaluation and Review Board with the following:
(A) a description of the work the advisory board does;
(B) justification for why the advisory board should be continued;
(C) a list of accomplishments from the prior 2 years, including any direct service provided by volunteers to residents;
(D) a discussion of advisory board member workload;
(E) a 2-year work program; and
(F) an explanation of the amount of government resources, including County employee staff time, used and a plan to reduce the use of those resources.
(3) In addition to the duties in § 2-146, as part of its report, the first Committee Evaluation and Review Board appointed after November 8, 2011 must review each advisory board that requests continuation under subsection (b)(2) and recommend to the Council whether the advisory board should continue.
1984 L.M.C., ch. 37, § 2 provides as follows: “If prior to the enactment of this act a committee, board, or commission expired under the terms of section 2-146 of the Montgomery County Code, then the county council hereby retroactively reestablishes such committees, boards, or commissions and reconfirms all appointments made to such bodies from the date of such expirations. All actions taken by such committees, boards or commissions during such periods of expiration shall have the same force and effect as if such expirations had not occurred.”
(a) The law or resolution establishing a board, committee, commission, or task force may specify the dates when reports are due from the group and the subjects to be included in the reports. If the law or resolution is silent on the dates when reports are due, the board, committee, commission, or task force must submit an annual report on November 30 of each year to the Executive and Council containing a description of the group’s functions, activities, accomplishments, plans and objectives, including recommendations for changes in group functions.
(b) The Chief Administrative Officer may prescribe a format to be followed by groups in their annual report.
(c) The Chief Administrative Officer may adopt binding guidelines, consistent with law, for the organizational structure and internal procedures of groups in the Executive branch of County government.
(d) When any group in the Executive branch adopts by-laws or any other form of internal procedures, the Chief Administrative Officer must send a copy to the Council. (1979 L.M.C., ch. 22, § 1; FY 1991 L.M.C., ch. 9, § 1; 2005 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 11, § 1.)
(a) Appointments.
(1) In making appointments to groups, the appointing authority should consider the following criteria: interest, diversity of background and professions, relevant experience and expertise, and geographic balance. To promote broad participation, no individual should ordinarily serve more than 2 consecutive full terms or serve on more than one group at any one time. However, an individual may serve on more than one group at the same time if the law that created a committee requires or allows a member of that group to be selected from members of another County group.
(2) Any individual who has served 2 full terms on a group is not eligible to serve on the same group until one year has elapsed. The appointing authority may waive this restriction if:
(A) no other qualified applicant is available; or
(B) other unique circumstances justify the reappointment of the particular individual.
(3) Unless another term is established by the law, resolution, or executive order creating the group, the standard term for each appointment is 3 years, after any initial staggered term.
(4) A member must not continue to serve on a group after the member’s term has expired, and a successor has not been appointed and confirmed, for more than 6 months unless:
(A) another law expressly authorizes the member to serve longer; or
(B) the Executive has notified the Council why the member will continue to serve on the group.
(b) Removal for absenteeism.
(1) A member of a group who misses more scheduled meetings or hearings than the number of allowed absences, computed by the following table, or who misses 3 consecutive scheduled meetings, is automatically removed. Scheduled meeting or hearing means any meeting or hearing for which at least 7 days advance notice was given and which was held as scheduled
Number of Meetings Held in One Year
| Allowed Absences
|
1-4 | 1 |
5-8 | 2 |
9-12 | 3 |
13-16 | 4 |
17+ | 5 |
(2) An automatic removal under this subsection takes effect 30 days after the presiding officer notifies the appointing authority. The presiding officer of the group must promptly notify the appointing authority of any member who has been automatically removed and must explain any known extenuating circumstances. The presiding officer should send a copy of the notice to each member of the group.
(3) The appointing authority, on request of the affected member, may waive the removal for illness, emergency or other good cause. The appointing authority must notify the member whether a waiver has been granted.
(4) If a waiver has not been granted, the appointing authority must appoint a successor to complete the unexpired term, subject to Council confirmation if the original appointment was subject to Council confirmation.
(c) Other causes for removal.
(1) The appointing authority may remove a group member for:
(A) neglect of duty;
(B) misconduct in office;
(C) a member’s inability to perform the duties of the office;
(D) conduct that impairs a member from performing the duties of the office; or
(E) violation of law.
(2) Before a member is removed, the appointing authority must:
(A) notify the member in writing of the reason for removal; and
(B) give the member an opportunity to submit reasons why the member should not be removed.
(3) If any other provision of law requires the Council’s approval before a member is removed, that provision applies to a removal under this Section.
(4) If Council approval is not required before a member is removed, the appointing authority must notify the Council before the removal takes effect.
(d) Each member of a group must complete training on the Maryland Open Meetings Act, basic parliamentary procedure, and the Montgomery County Public Ethics Law. The Executive must establish standards for this training by method 2 regulation. (1979 L.M.C., ch. 22, § 1; FY 1991 L.M.C., ch. 9, § 1; 2005 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 11, § 1; 2022 L.M.C., ch. 33
, §1.)
Editor’s note—See County Attorney Opinion dated 11/5/92 explaining that statutes authorizing removal of appointed officials should be read narrowly, and absenteeism requirement should not apply to subcommittee meetings. See County Attorney Opinion dated 7/22/92 indicating that members of Adult Guardianship Review Board may serve unlimited terms.
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