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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.
Unless a group meeting is subject to Chapter 2A, a meeting may be conducted informally. The parliamentary procedures of Robert's Rules of Order govern when it is necessary to take formal action or decide controversial matters. Group meetings must be open to the public in accordance with the state open meetings law. (1979 L.M.C., ch. 22, § 1; FY 1991, L.M.C., ch. 9, § 1; 2016 L.M.C., ch. 11, § 1.)
(a) Open Meetings Act – additional requirements. A group must comply with the requirements under this section, in addition to the requirements under the state Open Meetings Act, Title 3 of the General Provisions Article of the Maryland Code, as amended.
(b) Notices of meetings.
(1) Except as provided under paragraph (3), a group must publish the notice required under Section 3-302 of the Open Meetings Act:
(A) within 5 business days after the group has determined the meeting date; and
(B) at least 2 calendar days before the meeting.
(2) If a meeting will include virtual access, the group must publish how the public may attend the meeting virtually.
(3) If the requirements of paragraph (1) cannot be met due to an emergency, a group must:
(A) publish the notice at least 24 hours in advance of the meeting; and
(B) indicate in the notice that the meeting is an emergency meeting.
(c) Meeting agendas.
(1) Except as provided under paragraph (2), a group must publish the agenda of a meeting under Section 3-302.1 of the Open Meetings Act:
(A) within 5 business days after the group has determined the agenda; and
(B) at least 2 calendar days before the meeting.
(2) If the requirements of paragraph (1) cannot be met due to an emergency, a group must:
(A) publish the agenda at least 24 hours in advance of the meeting; and
(B) indicate on the agenda that the meeting is an emergency meeting.
(3) If the requirements of paragraph (2) cannot be met due to an emergency declared by the Governor of Maryland or the County Executive, a group must:
(A) publish the agenda as soon as practicable in advance of the meeting; and
(B) indicate on the agenda that the meeting is an emergency meeting.
(d) Meeting minutes and recordings.
(1) Within 5 business days after it meets, a group must publish, if the group recorded the full meeting, a file of the recording, or a link to the recording.
(2) Within 5 business days after approving meeting minutes, a group must publish the approved minutes under Section 3-306 of the Open Meetings Act.
(e) Compliance and reporting requirements.
(1) The County department or office assigned to staff a group must ensure the group’s compliance with the requirements of this section.
(2) A group member, or member of the public, may complain to an office or department designated by the County Executive if a group does not comply with the requirements of this section.
(3) The designated office or department:
(A) may consult with the group, and staff assigned to the group, to address compliance issues under this section; and
(B) must report in writing to the Council, on a quarterly basis, regarding complaints received under this section and the resolutions of those complaints.
(4) Nothing in this Section prevents an individual from submitting a complaint to the state Open Meetings Compliance Board under the state Open Meetings Act, Title 3 of the General Provisions Article of the Maryland Code, as amended. (2023 L.M.C., ch. 9, §1.)
(a) Purpose. Informed public actions on land use matters require a full exploration of often complex factual and legal issues. An independent People's Counsel can protect the public interest and promote a full and fair presentation of relevant issues in administrative proceedings in order to achieve balanced records upon which sound land use decisions can be made. In addition, a People's Counsel who provides technical assistance to citizens and citizen organizations will encourage effective participation in, and increase public understanding of and confidence in, the County land use process.
(b) Authority; duties. To protect the public interest and achieve a full and fair presentation of relevant issues, the People's Counsel may participate in a proceeding before:
(1) the Board of Appeals if the proceeding involves a variance or a special exception;
(2) the County Council (solely for oral argument) or the Hearing Examiner for the County Council if the matter involves a local map amendment, a floating zone plan approved under the zoning process or a conditional use; and
(3) the Planning Board if the proceeding involves action on an optional method development, a subdivision plan including a subdivision plan for a cluster development, or a site plan.
The People's Counsel may also file a complaint under Section 59-G-1.3(b) alleging failure to comply with a special exception, or may seek a modification of a special exception under Section 59-G-1.3(c) or a revocation of a special exception under Section 59-G-1.3(e).
(c) Restrictions. The People's Counsel must not participate in any legislative proceeding, or in any proceeding before a board or agency of any municipality in the County.
(d) Participation. The People's Counsel is a party in a proceeding under subsection (b) once the People's Counsel files a notice of intention to participate. After the notice is filed, the People's Counsel is entitled to all notices to a party and may participate by making motions, introducing evidence, calling witnesses, examining and cross-examining witnesses, and making arguments as the law and the evidence in the proceeding warrant. The People's Counsel may file and argue an appeal the same as any other party to the proceeding.
(e) Independent status. The People's Counsel must not represent the County, any government agency, or any private party in any proceeding. The People's Counsel is not subject to the authority of the County Attorney.
(f) Notice. If the People's Counsel intends to participate in a proceeding, the People's Counsel must give all parties a notice of intention to participate.
(g) Discretion. In the People's Counsel's discretion, the People's Counsel may withdraw from, or decline to participate in, any proceeding in which the Counsel may participate under subsection (b). The People's Counsel is not liable to any person for participating in, or declining to participate in, any proceeding.
(h) Technical assistance. Without becoming a party to any judicial or administrative proceeding, and subject to available time and resources, the People's Counsel may provide technical assistance to any person about a proceeding listed in subsection (b). When providing technical assistance under this subsection, the People's Counsel must inform the recipient that the People's Counsel is not acting and cannot act as a personal attorney for the recipient.
(i) Coordination. The People's Counsel must coordinate the services of its office with those offered by land use information staff in the Council, Board of Appeals, and Planning Board, to avoid inconsistency and duplication and to maximize the assistance offered to citizens.
(j) Annual report. The People's Counsel must annually report to the Council on the activities of the office. (1990 L.M.C., ch. 22, § 2.; 1999 L.M.C., ch. 19, §§ 1 and 2; 2002 L.M.C., ch. 28, § 1; 2016 L.M.C., ch. 8, § 1.)
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