(a) To qualify as the Montgomery County Economic Development Corporation, the Corporation’s Board of Directors must have 13 voting members appointed by the County Executive and confirmed by the County Council. The immediate past chair of the Corporation’s Board of Directors and the chief executive officer of the County’s Workforce Development Organization must be ex-officio, non-voting members of the Corporation’s Board of Directors. The Corporation’s Board of Directors must include one non-voting member appointed by the County Executive; and one non-voting member appointed by the County Council; and should have one non-voting member appointed by the Maryland Secretary of Commerce.
(b) Each voting member serves a 3-year term. The individual terms of the voting members must be staggered. Of the voting members first appointed, four must be appointed for a 1-year term, four must be appointed for a 2-year term, and three must be appointed for a 3-year term. The Executive may extend the term of a voting member first appointed for an additional 6 months or less to coincide with the end of a fiscal year. A voting member appointed to fill a vacancy serves the rest of the unexpired term. A voting member continues in office until his or her successor is appointed and confirmed.
(c) Each voting member must be either a resident of the County or a senior manager in a for- profit or nonprofit entity that has a significant presence in the County.
(d) A member must not be paid for service on the Board but may be reimbursed for necessary travel expenses.
(e) A member is not subject to Chapter 19A because of serving on the Board. The Corporation’s bylaws must protect against any conflict of interest or similar impropriety by members of the Board of Directors or the Executive Director or any other employees. The bylaws must include:
(1) a prohibition against self-dealing and collusive practices;
(2) a provision for the disclosure of a financial or similar interest of any person in any matter before the corporation that would create a conflict of interest;
(3) a provision establishing conditions under which a person is disqualified from participating in decisions or other actions in which there is a conflict between the person’s official duties and private interests;
(4) appropriate remedies for a violation of the bylaws, including removal or termination; and
(5) a policy to protect whistleblowers.
(f) Notwithstanding any inconsistent provision of County Code Section 19A-21, a member of the Board of Directors or a staff member of the Corporation who engages in legislative, administrative, or executive advocacy as part of that person’s duties is not required to register as a lobbyist under Article V of Chapter 19A because of that advocacy.
(g) The Board must direct the program, management, and finances of the Corporation. (2010 L.M.C., ch. 37, § 1; 2015 L.M.C., ch. 36, § 1; 2016 L.M.C., ch. 41, § 1; 2018 L.M.C., ch. 14, § 1; 2022 L.M.C., ch. 16, §1.)
Editor’s note—2022 L.M.C., ch. 16, § 2, states: Sec. 2. Expedited Effective Date; Transition. The Council declares that this legislation is necessary for the immediate protection of the public interest. This Act takes effect on the date on which it becomes law. The 2 voting members added to the Board of Directors of the Montgomery County Economic Development Corporation under Section 1 of this Act must not be appointed before January 1, 2023.