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(a) The Office of Minority and Multicultural Affairs must:
(1) organize an annual ethnic heritage festival; and
(2) provide for citizen participation in the festival planning.
(b) The Committee should assist the Office of Minority and Multicultural Affairs in planning the festival. (1985 L.M.C., ch. 43, § 1; 1990 L.M.C., ch. 47, § 1; FY 1991 L.M.C., ch. 23, § 1.)
(a) By December 1 each year, the Committee must report to the County Executive, the County Council, and the Office of Minority and Multicultural Affairs.
(b) The report must include a summary of the activities, accomplishments, plans, and objectives of the Committee. (1985 L.M.C., ch. 43, § 1; 1990 L.M.C., ch. 47, § 1; FY 1991 L.M.C., ch. 23, § 1.)
(a) Frequency. The committee meets at the direction of the chairperson at least 6 times each year.
(b) Procedures.
(1) A majority of the members of the Committee must be present for the Committee to conduct any official business.
(2) If a majority of members attending a meeting agree, the Committee may take an action. (1985 L.M.C., ch. 43, § 1; FY 1991 L.M.C., ch. 23, § 1.)
The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (2016 L.M.C., ch. 15, § 1.)
Editor's note—The original Section 27-61, providing a sunset date, derived from 1985 L.M.C., ch. 43, § 1, and 1990 L.M.C., ch. 47, § 1, was repealed by FY 1991 L.M.C., ch. 23, § 1.
(a) Members. The Executive must appoint, subject to confirmation by the Council, a Human Trafficking Prevention Committee. The Committee must have 17 voting members and up to 10 ex-officio nonvoting members. At least 9 of the voting members must, when appointed, either reside in or be an employee of the County.
(1) Voting members. The voting members must broadly reflect the geographic, economic, and social diversity of the County. Each voting member should be associated with an organization involved in addressing some aspect of human trafficking or have a direct interest in an issue related to human trafficking.
(A) One voting member should be an employee of the Montgomery County Public Schools.
(B) One voting member should be an employee of the County State’s Attorney’s Office.
(C) One voting member should be a member of the Montgomery County Judiciary.
(D) One voting member should be an employee of the County Sheriff’s Office.
(E) One voting member should be a designee of the County Council.
(F) One voting member should be an employee of the County Police Department.
(G) One voting member should be an employee of the County Department of Health and Human Services.
(H) One voting member should be an employee of the County Office of Intergovernmental Relations.
(I) One voting member should be an employee of the County Department of Correction and Rehabilitation.
(J) One voting member should be a member of the County’s Commission for Women.
(K) One voting member should be a member of the Criminal Justice Coordinating Commission.
(L) Two voting members should be from two different advocacy organizations.
(M) One voting member should be an owner or employee of a non-profit service provider.
(N) One voting member should be an academic advisor.
(O) Two voting members should be a public member with a direct interest in the prevention of human trafficking.
(2) Nonvoting members.
(A) The Committee must also include the following ex officio nonvoting members:
(i) the Council President or the President’s designee;
(ii) the County Executive or the Executive’s designee;
(iii) the Director of the Department of Permitting Services or the Director’s designee;
(iv) the Director of the Commission on Human Rights or the Director’s designee; and
(v) the Director of the Office of Community Partnerships or the Director’s designee.
(B) The Committee may also include the following ex officio nonvoting members:
(i) One Senator or the Senator’s designee from the Montgomery County Delegation selected by the Chair of the County’s Senate Delegation;
(ii) One Delegate or the Delegate’s designee from the Montgomery County Delegation selected by the Chair of the County’s House Delegation; and
(iii) the President or the President’s designee of an appropriate health care agency located in the County that serves victims of human trafficking.
(3) Term. Each voting member serves a 3-year term. A voting member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.
(4) Compensation. Voting and nonvoting members must receive no compensation for their services.
(5) Removal. The Executive, with the consent of the Council, may remove a member for neglect or inability to perform the duties of the office, misconduct in office, or a serious violation of law. Before the Executive removes a member, the Executive must give the member notice of the reason for removal and a reasonable opportunity to reply.
(b) Chair and Vice Chair. The Committee must annually elect one voting member as chair and another as vice chair, and may elect other officers.
(c) Meetings. The Committee may meet at the call of the chair as often as required to perform its duties, but at least six times each year. The Committee must also meet if a majority of the voting members submit a written request for a meeting to the chair at least 7 days before the proposed meeting. A majority of the voting members are a quorum for the transaction of business, and a majority of voting members present at any meeting with a quorum may take an action.
(d) Staff. The Commission for Women must provide the Committee with staff, offices, and supplies as are appropriate for it.
(e) Duties. The Committee must:
(1) adopt rules and procedures as necessary to perform its functions;
(2) keep a record of its activities and minutes of all meetings, which must be kept on file and open to the public during business hours upon request;
(3) develop and distribute information about human trafficking in the County;
(4) promote educational activities that increase the understanding of human trafficking in the County;
(5) develop and recommend interagency coordinated strategies for reducing human trafficking in the County;
(6) advise the Council, the Executive, County agencies, and State elected officials about human trafficking in the County, and recommend policies, programs, legislation, or regulations necessary to reduce human trafficking;
(7) submit an annual report by October 1 of each year to the Executive and Council on the activities of the Committee, including the source and amount of any contributions received to support the activities of the Committee; and
(8) establish three subcommittees: the Legislative Subcommittee; the Victim Services Subcommittee; and the Education and Outreach Subcommittee.
(f) Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (2017 L.M.C., ch. 28, §1; 2018 L.M.C., ch. 3, §1; 2018 L.M.C., ch. 13, §1.)
Editor’s note—2017 L.M.C., ch. 28, § 2, states: Transition – Staggered Terms. The individual terms of the voting members must be staggered. Of the voting members first appointed, five must be appointed for a 1-year term, five must be appointed for a 2-year term, and five must be appointed for a 3-year term.
(a) Members. The County Executive must appoint, subject to confirmation by the County Council, a Committee Against Hate/Violence. The Committee consists of 15 voting members and 6 ex- officio nonvoting members. Each voting member must, when appointed, reside in the County.
(1) Voting members. The voting members must broadly reflect the geographic, economic, and social diversity of the County.
(A) At least 9 voting members should be identified with ethnic or other groups in the County frequently subject to acts of hate/violence.
(B) At least 2 voting members should be parents of school-age children.
(C) At least one voting member should be identified with the County business community.
(2) Nonvoting members. The County Council, County Executive, Department of Police, Commission on Human Rights, Montgomery County Public Schools, and Montgomery College, should each designate an ex-officio nonvoting member of the Committee.
(3) Term. Each voting member serves a 3-year term. A voting member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.
(4) Compensation. Voting members receive no compensation for their services.
(5) Removal. The County Executive, with the consent of the County Council, may remove a voting member for neglect of or inability to perform the duties of the office, misconduct in office, or serious violation of law. Before the Executive removes a member, the Executive must give the member notice of the reason for removal and a fair opportunity to reply. Section 2-148(c) applies only to voting members of the Commission.
(b) Chair and Vice Chair. The Committee must annually elect one voting member as chair and another as vice chair, and may elect other officers.
(c) Meetings. The Committee meets at the call of the chair as often as required to perform its duties, but at least 10 times each year. The Committee must also meet if a majority of the voting members file a written request for a meeting with the chair at least 7 days before the proposed meeting. A majority of the voting members are a quorum for the transaction of business, and a majority of the voting members present at any meeting may take any official action.
(d) Staff. The Office of the Commission on Human Rights must provide the Committee with staff, offices, and supplies as are appropriated for it.
(e) Duties. The Committee must:
(1) adopt rules and procedures as necessary to perform its functions;
(2) keep a record of its activities and minutes of all meetings, which must be kept on file and open to the public during business hours upon request;
(3) develop and distribute information about hate/violence in the County;
(4) promote educational activities that demonstrate the positive value of ethnic and social diversity in the County;
(5) advise the County Council, the County Executive, and County agencies about hate/violence in the County, and recommend policies, programs, legislation, or regulations necessary to reduce the incidence of acts of hate/violence;
(6) submit an annual report by October 1 to the Executive and Council on the activities of the Committee, including the source and amount of any contribution received to support the activities of the Committee; and
(7) establish a subcommittee, with members designated by the Executive under Section 27-26(a)(4), to manage the Partnership Fund for Victims of Hate/Violence.
(f) Contributions. The Committee may solicit and accept contributions from public and private sources to support the activities of the Committee notwithstanding any provision of Chapter 19A to the contrary. Committee staff must not solicit or accept contributions for the Committee, but may be assigned administrative tasks related to Committee fundraising.
(g) Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (CY 1991 L.M.C., ch. 27, § 1; 2005 L.M.C., ch. 24, § 2; 2006 L.M.C., ch. 33, § 1; 2016 L.M.C., ch. 15, § 1; 2018 L.M.C., ch. 25, § 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.
(a) As used in this Article:
Awarding authority means any person that awards or enters into a service contract or subcontract with a contractor to be performed in the County. Awarding authority includes the County, but does not include a Federal, State, or municipal government, or a common ownership community, as defined in Section 10B-2(b).
Contractor means any person, including a subcontractor, which enters into a service contract to be performed in the County and employs more than 20 service employees in the entire company.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Person means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ persons or enter into a service contract.
Service contract means a contract between an awarding authority and a contractor to provide security, janitorial, building maintenance, food preparation, or non-professional health care services in a facility located in the County which is used as a:
(1) private school;
(2) hospital, nursing care facility, or other health care provider;
(3) institution, such as a museum, convention center, arena, airport, or music hall;
(4) multi-family residential building or complex with more than 30 units; or
(5) commercial building or office building occupying more than 75,000 square feet.
Service contract also includes a contract awarded by the County for residential solid waste, recycling, or yard waste collection and disposal.
Service employee means an individual employed on a full or part-time basis by a contractor as a:
(1) building service employee, including a janitor, security officer, groundskeeper, door staff, maintenance technician, handyman, superintendent, elevator operator, window cleaner, or building engineer;
(2) food service worker, including a cafeteria attendant, line attendant, cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, or merchandise vendor;
(3) non-professional employee performing health care or related service; or
(4) a driver, helper, or mechanic performing services on a County contract for residential solid waste, recycling, or yard waste collection and disposal.
Service employee does not include:
(1) a managerial or confidential employee;
(2) an employee who works in an executive, administrative, or professional capacity;
(3) an employee who earns more than $30 per hour; or
(4) an employee who is regularly scheduled to work less than 10 hours per week.
Successor contractor means a contractor that:
(1) is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days;
(2) has purchased or acquired control of a property located in the County where service employees were employed at any time during the previous 90 days; or
(3) terminates a service contract and hires service employees as its direct employees to perform services that are substantially similar, within 90 days after a service contract is terminated or cancelled.
(b) This Article does not limit the ability of an awarding authority to terminate a service contract or replace a contractor with another contractor. (2012 L.M.C., ch. 18, § 1; 2018 L.M.C., ch. 29, §1; 2019 L.M.C., ch. 23, §1.)
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