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(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.)
(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under division 3, discrimination in employment, derived from 1972 L.M.C., ch. 22, § 1; 1977 L.M.C., ch. 30, § 11, was repealed by 2001 L.M.C., ch. 9, § 1.
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 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.
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.
(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.
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.
(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.
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