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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Chapter 1. General Provisions.
Chapter 1A. Structure of County Government.
Chapter 2. Administration. [Note]
Chapter 2A. Administrative Procedures Act. [Note]
Chapter 2B. AGRICULTURAL LAND PRESERVATION.*
Chapter 3. Air Quality Control. [Note]
Chapter 3A. Alarms. [Note]
Chapter 4. Amusements. [Note]
Chapter 5. Animal Control. [Note]
Chapter 5A. Arts and Humanities. [Note]
Chapter 6. Auction Sales.
Chapter 6A. Beverage Containers. [Note]
Chapter 7. Bicycles. [Note]
Chapter 7A. Off-the-road Vehicles
Chapter 8. Buildings. [Note]
Chapter 8A. Cable Communications. [Note]
Chapter 9. Reserved.*
Chapter 9A. Reserved. [Note]
Chapter 10. Reserved.*
Chapter 10A. Child Care.
Chapter 10B. Common Ownership Communities. [Note]
Chapter 11. Consumer Protection. [Note]
Chapter 11A. Condominiums. [Note]
Chapter 11B. Contracts and Procurement. [Note]
Chapter 11C. Cooperative Housing. [Note]
Chapter 12. Courts. [Note]
Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
Chapter 13A. Reserved*.
Chapter 14. Development Districts.
Chapter 15. Eating and Drinking Establishments. [Note]
Chapter 15A. ECONOMIC DEVELOPMENT.*
Chapter 16. Elections. [Note]
Chapter 17. Electricity. [Note]
Chapter 18. Elm Disease. [Note]
Chapter 18A. ENVIRONMENTAL SUSTAINABILITY [Note]
Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT. [Note]
Chapter 19A. Ethics. [Note]
Chapter 20. Finance. [Note]
Chapter 20A. Special Obligation Debt.
Chapter 21. Fire and Rescue Services.*
Chapter 22. Fire Safety Code. [Note]
Chapter 22A. Forest Conservation - Trees. [Note]
Chapter 23. RESERVED*
Chapter 23A. Group Homes. [Note]
Chapter 23B. Financial Assistance to Nonprofit Service Organizations. [Note]
Chapter 24. Health and Sanitation.
Chapter 24A. Historic Resources Preservation. [Note]
Chapter 24B. Homeowners' Associations. [Note]
Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes. [Note]
Chapter 25A. Housing, Moderately Priced. [Note]
Chapter 25B. Housing Policy. [Note]
Chapter 26. Housing and Building Maintenance Standards.*
Chapter 27. Human Rights and Civil Liberties.
Article I. Commission on Human Rights. [Note]
Article II. Commission for Women.[Note]*
Article III. Commission on Aging. [Note]
Article IV. Community Action Agency.
Article V. Commission on Children and Youth. [Note]
Article VI. Commission on People with Disabilites. [Note]
Article VII. Committee for Ethnic Affairs.
Article VIII. HUMAN TRAFFICKING PREVENTION COMMITTEE.
Article IX. Committee Against Hate/Violence.
ARTICLE X. DISPLACED SERVICE WORKERS PROTECTION ACT.
ARTICLE XI. COUNTY MINIMUM WAGE.
ARTICLE XII. FAIR CRIMINAL RECORD SCREENING STANDARDS.
ARTICLE XIII. EARNED SICK AND SAFE LEAVE.*
ARTICLE XIV. RACIAL EQUITY AND SOCIAL JUSTICE ADVISORY COMMITTEE.
ARTICLE XV. MINIMUM WORK WEEK FOR BUILDING MAINTENANCE WORKERS.
ARTICLE XVI. EMPLOYEE HEALTH CARE PRIVACY.
Chapter 27A. Individual Water Supply and Sewage Disposal Facilities. [Note]
Chapter 28. RESERVED.* [Note]
Chapter 29. Landlord-Tenant Relations. [Note]
Chapter 29A. Legislative Oversight.
Chapter 30. Licensing and Regulations Generally. [Note]
Chapter 30A. Montgomery County Municipal Revenue Program. [Note]
Chapter 30B. RESERVED*
Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property. [Note]
Chapter 31. Motor Vehicles and Traffic.
Chapter 31A. Motor Vehicle Repair and Towing Registration. [Note]
Chapter 31B. Noise Control. [Note]
Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY. [Note]
Chapter 32. Offenses-Victim Advocate. [Note]
Chapter 33. Personnel and Human Resources. [Note]
Chapter 33A. Planning Procedures. [Note]
Chapter 33B. Pesticides. [Note]
Chapter 34. Plumbing and Gas Fitting. [Note]
Chapter 35. Police. [Note]
Chapter 36. Pond Safety. [Note]
Chapter 36A. Public Service Company Underground Facilities.
Chapter 37. Public Welfare. [Note]
Chapter 38. Quarries. [Note]
Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs. [Note]
Chapter 39. Rat Control. [Note]
Chapter 40. Real Property. [Note]
Chapter 41. Recreation and Recreation Facilities. [Note]
Chapter 41A. Rental Assistance. [Note]
Chapter 42. Revenue Authority. [Note]
Chapter 42A. Ridesharing and Transportation Management. [Note]
Chapter 43. Reserved.*
Chapter 44. Schools and Camps. [Note]
Chapter 44A. Secondhand Personal Property. [Note]
Chapter 45. Sewers, Sewage Disposal and Drainage. [Note]
Chapter 46. Slaughterhouses.
Chapter 47. Vendors.
Chapter 48. Solid Waste (Trash). [Note]
Chapter 49. Streets and Roads.*
Chapter 49A. Reserved.*
Chapter 50. Subdivision of Land. [Note]
Chapter 51. Swimming Pools. [Note]
Chapter 51A. Tanning Facilities. [Note]
Chapter 52. Taxation.* [Note]
Chapter 53. TAXICABS.*
Chapter 53A. Tenant Displacement. [Note]
Chapter 54. Transient Lodging Facilities. [Note]
Chapter 54A. Transit Facilities. [Note]
Chapter 55. TREE CANOPY. [Note]
Chapter 56. Urban Renewal and Community Development. [Note]
Chapter 56A. Video Games. [Note]
Chapter 57. Weapons.
Chapter 58. Weeds. [Note]
Chapter 59. Zoning.
Part III. Special Taxing Area Laws. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
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Sec. 27-20. Notice to be posted; reports and records.
   (a)    Every employer, employment agency, and labor organization must keep posted in conspicuous places on its premises, where notices to employees, applicants for employment, and membership are customarily posted, a notice in the form and language approved by the Commission, summarizing the pertinent provisions of this division and how to file a complaint.
   (b)    Every employer, employment agency and labor organization, subject both to this division and to title VII of the Civil Rights Act of 1964, must furnish to the Commission all reports that are required by the Equal Employment Opportunity Commission established under the Civil Rights Act of 1964.
   (c)    Every employer, employment agency and labor organization subject to this division must preserve all regularly kept personnel or employment records (including application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination rates of pay or other terms of compensation and selection for training or apprenticeship) for the term of the employee's employment and a period of 6 months following termination of employment. Where a charge of discrimination has been filed against an employer, employment agency or labor organization under this division, the respondent must preserve all personnel records, including employment applications, relevant to the charge or action until final disposition of the charge or action. (1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11; 2001 L.M.C., ch. 9, § 1.)
   Editor’s noteSections 27-8, 27-9, 27-19, and 27-20 are cited, and Sections 27-8 and 27-9 are quoted in Edgewood Management Corp. v. Jackson, 212 Md. App. 177, 66 A.3d 1152, cert. denied, 434 Md. 313, 75 A.3d 318 (2013). The Court interpreted Section 27-8 as governing the penalties and relief that may be awarded by a case review board after an administrative finding of a discriminatory act under the Montgomery County Code.
   Section 27-20 is cited and quoted in Washington Suburban Sanitary Commission v. Phillips, 413 Md, 606, 994 A.2d 411 (2010). Section 27-20 is cited in Edwards Systems Technology v. Corbin, 841 A.2d 845, 2004 Md. LEXIS 31 (2004); in H. P. White Laboratory, Inc. v. Blackburn, 372 Md. 160, 812 A.2d 305 (2002); and in Pope-Payton v. Realty Management Services, Inc., 149 Md. App. 393, 815 A.2d 919 (2003). The above section is described in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission).
   Section 27-20, formerly § 27-22, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
   Former Section 27-20, relating to rights of complainant; civil action by county attorney, derived from 1968 L.M.C., Ex. Sess., ch. 19, § 1; 1972 L.M.C., ch. 23, § 6; 1977 L.M.C., ch. 30, §§ 7, 11, was repealed by 2001 L.M.C., ch. 9, § 1.
Sec. 27-21. Reports and records of person under investigation.
   In connection with any investigation of a complaint filed under this division, the executive director or the director's designee may:
   (a)   request the reports and relevant records of any person being investigated or proceeded against that:
      (1)   may relate to employment practices prohibited by this division; and
      (2)   are relevant to matters raised in the complaint or similar matters; and
   (b)   interview any persons necessary in carrying out the purposes of this division. (1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11; 1984 L.M.C., ch. 26, § 16; 2001 L.M.C., ch. 9, § 1.)
   Editor’s note—Section 27-21 is cited and quoted in Washington Suburban Sanitary Commission v. Phillips, 413 Md, 606, 994 A.2d 411 (2010). The above section is mentioned in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission).
   Section 27-21, formerly § 27-23, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
   Former Section 27-21, relating to procedure for complaints against county, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11, 1979 L.M.C., ch. 24, § 3; 1982 L.M.C., ch. 40, § 1, was repealed by 2001 L.M.C., ch. 9, § 1.
DIVISION 4. DISCRIMINATION THROUGH INTIMIDATION*
   *Editor's note—1990 L.M.C., ch. 5, § 1, changed the title of this division from "Racial and Religious Intimidation" to "Intimidation." 2001 L.M.C., ch. 9, § 1, changed the title of this division from "Intimidation" to "Discrimination through Intimidation."
Sec. 27-22. Discrimination through intimidation.
   A person must not: willfully and maliciously destroy, injure, or deface another person's real or personal property, or willfully and maliciously injure another person, with the intent to intimidate or attempt to intimidate any person because of race, religion, national origin, disability, sexual orientation, or gender identity. (1983 L.M.C., ch. 26, § 1; 1990 L.M.C., ch. 5, § 1; 1990 L.M.C., ch. 31, § 1; 2001 L.M.C, ch. 9, § 1; 2007 L.M.C., ch. 18, § 1.)
   Editor’s note—Section 27-1 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008) and in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007).
   See County Attorney Opinion dated 2/1/10 regarding County law that proscribes fighting words and true threats that intimidate, as long as the law does not rely on the content of the statements.
   Section 27-22, formerly § 27-26A, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
Sec. 27-23. Parental liability.
   (a)    If a child under 18 years old commits an act prohibited by Section 27-22, the child's parent or legal guardian, other than a foster parent or public agency, may be held liable for all damages arising out of a single incident. Liability must not exceed $5,000, including any civil penalty. A parent may not be held liable under this Section unless first afforded a reasonable opportunity to be heard and to present relevant evidence. A parent who cannot, or because of extenuating circumstances should not, pay may be excused from liability under this Section.
   (b)    Liability under subsection (a) may be imposed directly on the child, depending on the child's age and circumstances. A child's liability under this subsection supercedes the parent's liability. (1983 L.M.C., ch. 26, § 1; 2001 L.M.C., ch. 9, § 1.)
Sec. 27-24. Alternative service; anti-hate/violence fund.
   (a)    The County Executive may, by regulation under method (3), allow any civil penalty and damages payable to the County under this division by a child or an adult to be paid in kind by performing alternative community service.
   (b)    Any funds received by the County as restitution under this division must be deposited to the anti-hate/violence fund created in Section 35-13A, or, if the anti-hate/violence fund no longer exists, into the general fund. (1983 L.M.C., ch. 26, § 1; 1984 L.M.C., ch. 24, § 30; 2001 L.M.C., ch. 9, § 1.)
   Editor's note—Section 27-24, formerly § 27-26D, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
   Former Section 27-24, relating to action against licensee, etc., found in violation of division, under division 3, discrimination in employment, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11, was repealed by 2001 L.M.C., ch. 9, § 1.
Sec. 27-25. Reliance on prior judicial decisions.
   Any judicial determination that an act prohibited by Section 27-22 or comparable state law has been committed is admissible as proof of the act in a proceeding brought under this article involving the same acts. (1983 L.M.C., ch. 26, § 1; 1984 L.M.C., ch. 26, § 18; 2001 L.M.C., ch. 9, § 1.)
   Editor's noteSee County Attorney Opinion dated 12/21/00 indicating that the Human Relations Commission cannot award attorney’s fees to a complainant until the panel holds a hearing on the complaint and makes a finding that the respondent violated Chapter 27.
   Section 27-25, formerly § 27-26E, was renumbered, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
   Former Section 27-25, relating to penalties and monetary awards, under division 3, discrimination in employment, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11; 1984 L.M.C., ch. 26, § 17, was repealed by 2001 L.M.C., ch. 9, § 1.
Sec. 27-26. Partnership Fund for victims of hate/violence.
   (a)   Fund established.
      (1)   There is a Partnership Fund for victims of hate/violence.
      (2)   The Fund is created to compensate victims of hate/violence for personal injury and property damage caused by the hate/violence incident.
      (3)   The Commission on Human Rights must define what conduct is an act of hate/violence.
      (4)   The County Executive must designate a subcommittee of the Committee on Hate/Violence to administer the Partnership Fund. In this Section, subcommittee refers to this subcommittee.
   (b)   Contributions.
      (1)   The subcommittee should solicit and deposit private contributions to the Fund. The subcommittee may spend up to 10 percent of the Fund to publicize the Fund and solicit private contributions.
      (2)   The County must contribute $25,000 per year to the Fund to the extent that funds are appropriated.
      (3)   The County government must also contribute $2 for every $1 of private contributions to the Fund, up to an additional $30,000 per a year, to the extent that funds are appropriated.
   (c)    Victim compensation.
      (1)   The subcommittee may pay a victim of hate/violence up to $2,000 from the Fund for each incident of hate/violence to compensate the victim for property damage caused by the hate/violence incident.
      (2)   The subcommittee may pay a victim of hate/violence up to $4,000 from the Fund for each incident of hate/violence to compensate the victim for personal injuries caused by the hate/violence incident. Personal injury awards must be limited to actual damages for medical expenses, psychological services, or lost wages. Lost wages must be based solely on employment income and must be calculated based on an individual’s gross average weekly wage immediately before the incident of hate/violence.
      (3)   A victim of hate/violence may not receive more than $8,000 from the Fund in any 12-month period.
   (d)   Police report. A police report, filed over the telephone or in person to an appropriate law enforcement agency within 7 days after an act of hate/violence occurred or was discovered, must be submitted with all claims. The subcomittee may waive this requirement if an individual had good cause for not filing a police report.
   (e)    Reduction of compensation. The subcommittee must reduce any payment from the Fund by any amount the victim receives or is entitled to receive from any private or public source as compensation for damages from the hate/violence incident. The Fund may pay for lost wages only to the extent that compensation is not available from an employer for vacation, sick, or any other type of leave, insurance, the State victim compensation program, the County victim assistance program, or any other source arising from the same incident.
   (f)    False claims. Any person who makes a false claim under this Section:
      (1)   commits a Class A violation; and
      (2)   must reimburse the Fund for any payments received under this Section.
   (g)    Regulations. The County Executive may adopt regulations to implement this Section under method (2). (1987 L.M.C., ch. 3, § 1; FY 1991 L.M.C., ch. 2, § 1; FY 1991 L.M.C., ch 9, § 1; 2001 L.M.C., ch. 9, § 1; 2002 L.M.C., ch 30, § 1; 2005 L.M.C., ch. 24, § 1.)
   Editor’s note—See County Attorney Opinion dated 12/21/00 indicating that the Human Relations Commission cannot award attorney’s fees to a complainant until the panel holds a hearing on the complaint and makes a finding that the respondent violated Chapter 27.
   2005 L.M.C., ch. 24, § 2, states: Transition - Committee on Hate/Violence. Until January 1, 2009, the members of the subcommittee of the Committee on Hate/Violence designated to administer the Partnership Fund under Section 27-26(a)(4), as amended by Section 1, need not be members of the Committee on Hate/Violence.
   Section 27-26, formerly § 27-26F, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
   Former Section 27-26, relating to standards of proof, under division 3, discrimination in employment, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11; 1984 L.M.C., ch. 26, § 17, was repealed by 2001 L.M.C., ch. 9, § 1.
   Former Section 27-26B, relating to statutory civil liability, derived from 1983 L.M.C., ch. 26, § 1; 1990 L.M.C., ch. 31, § 1, was repealed by 2001 L.M.C., ch. 9, § 1.
Sec. 27-26A. Coordination of fair housing activities.
   The director must coordinate the activities of all County departments, offices, and agencies to prevent discrimination in housing and test compliance with housing discrimination laws. The director must designate a staff member at an appropriate managerial level as the County's fair housing coordinator. After consulting appropriate County officials and private citizens, the Commission must:
   (a)   encourage housing industry participation in activities promoting fair housing, and maintain liaison with industry representatives;
   (b)   test compliance with housing discrimination laws;
   (c)   assess information needs, and assure that appropriate County agencies are gathering and analyzing the necessary data to monitor compliance with housing discrimination laws;
   (d)   Reserved.
   (e)   maintain a bibliography of information and databases relevant to housing discrimination;
   (f)   promote education and training to achieve fair housing; and
   (g)   provide staff support for meetings and activities of the interagency fair housing coordinating group. (1988 L.M.C., ch. 1, § 2; 1996 L.M.C., ch. 13, § 1; 2001 L.M.C., ch. 9, § 1.)
   Editor's note—Section 27-26A, formerly § 27-26G, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
   Former § 27-26A was renumbered § 27-22, amended and retitled pursuant to 2001 L.M.C., ch. 9, § 1.
   Cross reference—Discrimination in housing, § 27-12 et seq.
Sec. 27-26B. Interagency fair housing coordinating group.
   (a)    The County Executive must designate an interagency fair housing coordinating group. The purpose of the coordinating group is to facilitate and promote the County's efforts to prevent discrimination in housing.
   (b)    The County Executive appoints the members of the coordinating group, subject to confirmation by the County Council. The coordinating group consists of one or more employees of each of the following agencies:
      (1)   Office of Community Outreach in the Office of the Chief Administrative Officer;
      (2)   Human Rights Commission;
      (3)   Housing Opportunities Commission;
      (4)   Department of Housing and Community Affairs;
      (5)   Community service centers;
      (6)   Department of Health and Human Services;
      (7)   Commission for Women; and
      (8)   Commission on People with Disabilities.
   (c)   The Executive also may designate, subject to confirmation by the County Council, one or more members of the Executive's staff, and employees of any other County department or office, to serve on the coordinating group. The Executive must also invite the County Council, the Montgomery County public schools, the Montgomery County Economic Development Corporation, and the Maryland-National Capital Park and Planning Commission to designate one or more staff members to serve as full members of the group.
   (d)    The Executive must designate a chair of the coordinating group, subject to confirmation by the County Council. The chair or the Executive may call meetings. The group may form its own subcommittees.
   (e)    Meetings of the coordinating group and its subcommittees are subject to the Maryland Open Meetings law. In order to create a public forum and encourage diverse participation, the Executive must invite representatives of the housing industry and active community groups to participate in meetings. The group must not be governed by Chapter 2 or Chapter 2A.
   (f)    With staff support from the Fair Housing Coordinator, the coordinating group must submit to the County Council and County Executive an annual report on housing discrimination in the County. This report must:
      (1)   assess County, State and Federal laws prohibiting discrimination in housing, and evaluate their enforcement in the County;
      (2)   recommend changes in law, policy, programs or priorities needed to reduce discrimination in housing;
      (3)   include a work program for the coming year;
      (4)   include a progress report on the previous year's work program; and
   (5)   include the views of the Fair Housing Coordinator and any member whose views differ from those of the report. (1988 L.M.C., ch. 1, § 3; 1995 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 13, § 1; 1996 L.M.C., ch. 14, § 1; 2001 L.M.C., ch. 9, § 1; 2015 L.M.C., ch. 36, § 1.)
   Editor’s note—2015 L.M.C., ch. 36, § 8 also states, in part: All other provisions of this Act take effect 180 days after the Montgomery County Economic Development Corporation is designated under Section 30B-2.
   Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
   Section 27-26B, formerly § 27-26H, was renumbered and amended pursuant to 2001 L.M.C., ch. 9, § 1.
   Former Section 27-26B, relating to statutory civil liability, derived from 1983 L.M.C., ch. 26, § 1; 1990 L.M.C., ch. 31, § 1, was repealed by 2001 L.M.C., ch. 9, § 1.
   Former Sections 27-26C, 27-26D, 27-26E, 27-26F, 27-26G, and 27-26H, were renumbered and amended to Sections 27-23, 27-24, 27-25, 27-26, 27-26A and 27-26B, respectively, by 2001 L.M.C., ch. 9, § 1.
   Cross reference—Discrimination in housing, § 27-12 et seq.
Article II. Commission for Women. [Note] *

 

Notes

[Note]
*Cross reference-Boards and commissions generally, § 2-141 et seq.
Sec. 27-27. Statement of policy.
   It is hereby declared to be the public policy of Montgomery County, Maryland, to eliminate discrimination or prejudice of any form that may exist on account of sex; to fully utilize the potential of each citizen, regardless of sex, in order to preserve our democratic way of life; and to provide equal opportunities to all citizens, regardless of sex, in employment, education, home and community services, and before the law. (1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 13.)
Sec. 27-28. Created; composition; appointment; terms of office and compensation of members; meetings, etc.
   (a)   Creation and composition; appointment of members; chairperson. There is a Commission for Women. The Commission consists of 15 members appointed by the County Executive subject to confirmation by the County Council. Nine members are appointed from among those applicants who have been nominated and recommended for appointment by organizations within the County whose interests relate to the status of women. Six members are appointed from among those applicants applying on their own behalf. The Commission must elect one of its members as chairperson and another as vice chairperson, each to serve at the pleasure of the Commission, and such other officers as it determines. Representatives of the Board of Education and the Department of Health and Human Services serve as ex officio members of the Commission. Any city, town, village and special taxing area in the County may appoint one representative to serve as an ex officio member of the Commission.
   (b)   Terms: vacancies; reappointments. The term of office of each of the appointive members shall commence on July 1 of the year of appointment and shall be for a period of 3 years. Of the members first appointed, 5 shall be appointed for terms which will expire in one year, 3 of whom shall be nominees of County-wide organizations and 2 of whom shall be individual applicants; the same shall be appointed for terms which shall expire in 2 years; and the same for terms which shall expire in 3 years. Vacancies shall be filled by appointment for the unexpired terms. The members shall continue in office until their successors are appointed and have qualified and members shall be eligible for reappointment.
   (c)   Compensation. Members of the Commission receive no compensation for their services.
   (d)   Meetings; reports. The commission shall meet at the call of the chairperson as frequently as required to perform its duties, but no less than once each month. A majority of the members of the Commission shall constitute a quorum for the transaction of business, and a majority of those present at any meeting shall be sufficient for any official action taken by the Commission. The Commission shall submit an annual report to the County Executive and County Council summarizing its activities, needs, recommendations and the degree to which the goals of the Commission are being met. (1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 28, §§ 10, 13; 1978 L.M.C., ch. 3, § 1; FY 1991 L.M.C., ch. 9, § 1; 1995 L.M.C., ch. 13, § 1.)
   Editor's note—See County Attorney Opinion dated 4/13/99-A discussing what should occur when an Ethics Commission member holds over as a result of the Council not having confirmed a newly appointed member.
   Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
Sec. 27-29. Powers and duties generally.
   The commission shall have the power and it shall be its duty:
   (a)   To develop when necessary an information and referral system for all services in the county related specifically to the needs of women, to cooperate with the community services coordinating commission and to develop other services when a need for such services is determined.
   (b)   To research, assemble, analyze and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs of women and in the elimination of prejudice and discrimination on account of sex; and to institute and conduct educational and other programs, meetings and conferences to promote equal rights and opportunities for all persons regardless of their sex. In performance of its duties, the commission shall cooperate with interested citizens, community, business, professional, technical, educational and civic organizations.
   (c)   To cooperate with the county executive and all governmental agencies concerned with matters within the jurisdiction of the commission.
   (d)   To study and investigate by means of public or private meetings, conferences and public hearings, conditions which may result in unmet needs or in discrimination or prejudice because of sex.
   (e)   To advise and counsel the residents of the county, the county council, the county executive and the various departments of county, state and federal governments on matters involving the needs of women and on matters relating to discrimination or prejudice on account of sex, and to recommend such procedures, program or legislation as it may deem necessary and proper to promote and insure equal rights and opportunities for all persons, regardless of their sex.
   (f)   To work to remove inequalities due to unmet needs or discrimination or prejudice on the basis of sex in such areas as housing, recreation, employment, education, community services and related matters.
   (g)   To adopt, under method (2) of section 2A-15 of this Code, such regulations as may be necessary to carry out the purposes of this article; to keep a record of its activities and minutes of all meetings; such records and minutes shall be on file and shall be open to the public at reasonable business hours upon request.
   (h)   To prepare and submit to the county executive a budget to include the recommended appropriation for its own operation. In submitting a recommended budget for carrying out the operation of the commission, the county executive shall take into consideration the recommendations of the commission. (1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 13; 1984 L.M.C., ch. 24, § 30.)
Sec. 27-30. Committees generally; advisory committees.
   The chairman of the commission may, with the approval of the commission appoint committees from its members to assist in carrying out any of the functions and duties of the commission. Any committee appointed shall consist of not less than three (3) members. The chairman of the commission may also appoint advisory committees of citizens and at least one (1) commission member as in his judgment will aid in effectuating the purposes of the commission. The committee and advisory committee actions shall not be deemed to be the action of the commission and shall in no way bind the commission or its members. (1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 13.)
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