Sec. 20-1. Authorization of special capital improvement projects by law.

*Editor’s note-1999 L.M.C., ch. 5, § 1, states: "Notwithstanding any provision of Chapter 20 of the County Code to the contrary, including Section 20-60(c)(4) and Section 20-62, the County Council may increase the spending affordability guideline for the aggregate operating budget for fiscal year 2000 by more than 1% over any guideline previously adopted.

Charter references-Department of finance, § 214; finance, § 301 et seq.

Cross references-Appropriations for emergencies, § 2-14; borrowing money during emergencies, § 2-16; contract procurement methods and public ethics, ch. 11B; development rights fund, ch. 13A; fiscal matters relating to fire and rescue service, § 21-22 et seq.; financial assistance to nonprofit service organizations, ch. 23B; County municipal revenue program, ch. 30A; authority to levy tax for charitable or social relief, § 37-1; revenue authority, ch. 42; solid waste collection and disposal fund, § 48-43 et seq.; rehabilitation loan fund, § 56-1; homeowners’ replacement loan fund, § 56-2 et seq.; urban renewal grants or loans to municipalities, § 56-21 et seq.; tenant displacement aid fund, § 56-33 et seq.

Article I. In General.

(a) Purpose. The purpose of charter section 302 is to afford citizens an easier opportunity than previously existed to petition especially important capital improvement projects to referendum while assuring that public consideration may be fully informed, and also without unnecessarily disrupting the orderly planning, design and construction which is the objective of capital improvements programming.

(b) Definition.

1. A "special capital improvement project" as used in this section shall include the costs relating to the detailed architectural and engineering design, construction, reconstruction or equipment of the following types of capital projects:

a. Major facilities estimated to cost at least four million dollars ($4,000,000.00) in county funds, exclusive of interest on county bonds; provided, however, that the county executive shall, by annual executive order, adopted no later than October 15, revise the four-million-dollar cost criterion to reflect the annual change in the latest published composite construction cost index established by the United States department of commerce or its successor as publisher. County funds for the purpose of this section include the proceeds of county bonds or notes and unappropriated surplus and current county revenues, exclusive of contributions, gifts or grants from federal or state governments or any other sources.

b. Facilities, other than major facilities described above, which the council determines to possess unusual characteristics or to be of sufficient public importance to warrant designation as special capital improvements projects.

2. All buildings, roads, utilities, parks and related improvements which are proposed for development on a single, unified site and which are identifiable as separate facilities shall be considered for designation as special capital improvement projects. Site acquisition costs shall be included as a part of the total cost of a special capital improvement project; however, the cost of site acquisition itself shall not be subject to the requirements of this section. Preliminary planning costs relating to capital projects shall not be included in determining the total cost of a special capital improvement project. Unless explicitly required by law, special capital improvement projects do not include the capital projects of the Revenue Authority or any agency created by state law or authorized by interstate compact, including, Montgomery College, Board of Education for Montgomery County, Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, the housing opportunities commission of Montgomery County, Washington Suburban Transit Commission, and the Washington Metropolitan Area Transit Authority.

1. The county executive shall be responsible for submitting to the county council, at the time the capital improvement program or amendments thereto are submitted, proposed legislation for each project which falls within the category of a special capital improvement as defined in this section and for which it is proposed to appropriate funds for purposes other than preliminary planning or site acquisition costs, unless the project has been previously authorized as a special capital improvement project.

2. Until such time as an appropriation is made for the detailed architectural and engineering design of a capital improvement project, other than a major facility as described in subsection 20-1(b)1.a., any council member may introduce legislation to authorize such capital improvement project as a special capital improvement project.

3. Any authorization enacted under this section is valid for 5 years after the authorization becomes law, except that an authorization for a project funded substantially by revenue bonds is valid until modified or revoked by law. The Council may reauthorize a project before or after an existing authorization expires. An authorized project need not be reauthorized if a contract for construction of the project is executed before the authorization expires.

4. If a project is approved by the affirmative vote of 6 Councilmembers, and the Council declares that the project is of an emergency nature and its immediate approval is necessary to protect the public health or safety, the project is not subject to the authorization requirement in this section.

5. No special capital improvement project shall receive an appropriation unless a law authorizing the project has been enacted by the county council. The resolution adopting any such appropriation shall contain an explicit requirement that no funds shall be expended under the appropriation until the authorization law has become effective.

6. Any project not previously considered a special capital improvement project and which has received an appropriation must be authorized pursuant to this section before any construction contract is executed if the estimated cost of the total project is revised to exceed the four million dollars ($4,000,000.00) cost criterion or any subsequent revision thereto exclusive of preliminary planning costs, after completion of either the design or architectural and engineering stages of the project. Unless a project is previously authorized pursuant to this section, the county executive or the county council may not transfer funds to or authorize a supplemental appropriation for such a project prior to the award of a construction contract if the cost of the total project exceeds the four million dollars ($4,000,000.00) cost criterion or any subsequent revision thereto exclusive of preliminary planning costs when the cost reflected by such transfer or appropriation is included in the total estimated cost.

(d) Application. The provisions of this section 20-1 shall not apply to a capital project which has met the cost criterion requirements of subsection 20-1(b)1.a. and has received an initial appropriation prior to the effective date of this section, provided that any change in the scope of such a project, the cost of which change exceeds the cost criterion requirement set forth in subsection 20-1(b)1.a., shall be subject to the provisions of this section. (1977 L.M.C., ch. 37, §2; 1979 L.M.C., ch. 51, § 1; FY 1991 L.M.C., ch. 11, § 1; 1992 L.M.C., ch. 35, §3; 1994 L.M.C., ch. 23, § 1.)

Editor’s note–See County Attorney Opinion No. 90.008 dated 11/20/90 discussing the use of consent calendars to consolidate capital improvement bills and proposed amendments to the County Code to permit more than one item on the consent calendar at a time. [attachment]

For the effective date of 1992 L.M.C., ch. 35, § 3, which amended subsection (b)2. of this section, see the editor’s note to ch. 42 of this Code.

Sec. 20-2. Settlement of claims by County Attorney; annual reports required.

(a) Definitions. In this Section, the following terms have the meanings indicated.

Civil Rights claim means an assertion by a claimant that the County or County employee injured the claimant by a violation of federal, state, or local civil rights statute.

Parties means a person who settles a claim or a person who allegedly committed the misconduct.

Self-Insurance Fund means insurance coverage, including a legal defense, provided to the County and its officials, employees, and agents under Section 20-37.

Self-Insurance Fund Lawsuit means a claim or legal proceeding that is covered under the Self Insurance Fund that alleges a violation of:

(1) federal or state constitutional rights;

(2) civil rights claims; or

(3) common law tort claims.

(b) On behalf of the County, the County Attorney is authorized to settle all claims by or against the County and all court cases to which the County is a party where the amount of the claim or the amount involved in the suit is:

(1) not more than thirty thousand dollars ($30,000.00); or

(2) the maximum jurisdictional amount set for civil cases in District Court of Maryland under State law, whichever is greater; and

(3) when in the County Attorney’s judgment it is proper and advisable to do so.

(c) The County Attorney is further authorized to settle, with the approval of the County Executive, all other claims by or against the County and all other court cases to which the County is a party, when in the County Attorney’s judgment and that of the County Executive it is advisable and proper to do so. In court cases in which the members of the County Council are parties in their capacity as such, the County Attorney is hereby authorized to settle the cases on their behalf upon the approval of the Council, except in cases where each Councilmember may be personally liable or responsible, in which cases settlement must be made only on behalf of each Councilmember approving such settlement.

(d) The authority granted by this section must apply to all future and past settlements.

(e) Annual Report. By October 1 of each year, the County Attorney must submit to the County Executive and the County Council, and must publish on the County website, a written report that summarizes the settlement of each Self-Insurance Fund Lawsuit during the prior fiscal year.

(f) Contents of the report. For each settlement, the report must identify:

(1) the claimant or claimants;

(2) the dollar amount, or other consideration, under the settlement;

(3) the nature of the claim;

(4) the County departments or offices involved in the claim;

(5) demographic information voluntarily provided by the parties; and

(6) the applicable legal authority or reason if any information relating to the settlement is excluded because disclosure may be in violation of federal or state law.

(g) Non-disclosure clause in settlement agreements – prohibited. The County must not agree to a non-disclosure in a settlement agreement that would prevent public disclosure of the settlement agreement. This subsection does not apply to information that is prohibited from disclosure under federal or state law.

(h) Collection of Demographic Information. The County Attorney must, at the conclusion of a settlement agreement, provide a demographic sheet for parties to voluntarily disclose demographic information. The demographic sheet must, at a minimum, collect the following data:

(1) race;

(2) ethnicity;

(3) gender identity;

(4) age;

(5) sexual orientation;

(6) religion; and

(7) any other demographic information voluntarily provided by the parties.

(i) Opt-out. A party of a settlement agreement may choose to opt out and decline providing demographic information by signing an attestation statement provided by the County Attorney.

(Mont. Co. Code 1965, § 84-4; 1971 L.M.C., ch. 4, § 1; 1979 L.M.C., ch. 13, § 1; 2021 L.M.C., ch. 27, §1; 2023 L.M.C., ch. 21, § 1.)

Editor’s note—See County Attorney Opinion dated 1/8/08 regarding collection of debts owed to the County. See County Attorney Opinion dated 11/2/99 explaining that the procurement law prohibits payments to reimburse funds spent to repair stormwater management facilities, but the Chief Administrative Officer and the County Attorney may settle a claim for the expense if appropriate.

Sec. 20-3. Disbursements from revolving fund of Department of Liquor Control.

The County Executive, the Director of Finance, and the Director of the Department of Liquor Control may, by concurrent action, designate one or more employees in the Department of Liquor Control who may disburse money from the revolving fund established under Section 15-207 of Article 2B of the Maryland Code. The signature of at least 2 persons must be required for any disbursement. (Mont. Co. Code 1965, § 84-6; 1969 L.M.C., ch. 40, § 6; 2010 L.M.C., ch. 49, § 1.)

Sec. 20-4. Annual inventory.

Every official and the head of every department, board or commission of the county shall, during the month of July of each year, furnish the director of finance a detailed list of all property under his custody or control or used by him or his subordinates, owned by the county or any agency thereof, which list shall be in such form as the director of finance shall prescribe and shall be certified as true and correct by the head of each department or official furnishing same. (Mont. Co. Code 1965, § 6-1; 1941, ch. 740.)

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