Sec. 44-3. Interagency Coordinating Board.

   (a)   Establishment and responsibilities. Except as provided in Section 44-4A, the Interagency Coordinating Board for Community Use of Public Facilities must review and coordinate the activities conducted under this Article. The Board must:

      (1)   review budget requests of the Director and make recommendations about the requests to the Chief Administrative Officer, County Executive and County Council;

      (2)   recommend fee schedules that the Council may adopt by resolution after receiving the recommendations of the Executive;

      (3)   review and propose modifications in major contracts and grants negotiated between the County and Montgomery County Public Schools under this Article;

      (4)   provide periodic evaluations, advice, and recommendations, and an annual report by March 1 of each year, to the Director, the Board of Education, the Executive, and the Council about implementation of this Article;

      (5)   adopt regulations necessary to implement this Article; and

      (6)   recommend how to resolve any interagency differences and problems in implementing this Article to the Executive, the Board of Education, the Maryland National Capital Park and Planning Commission, Montgomery College, or the Council, as appropriate, including recommendations to promote coordination between programs and activities conducted under this Article and related services and activities financed by the County government.

   (b)   Membership. The Board consists of voting members and nonvoting, ex officio members.

      (1)   The voting members are:

         (A)   the Chief Administrative Officer;

         (B)   the Superintendent of Schools;

         (C)   the President of Montgomery College;

         (D)   a member of the Maryland-National Capital Park and Planning Commission designated by the Montgomery County members of the Commission;

         (E)   a Councilmember, the Executive Director of the Office of the County Council, or a senior staff member of the County Council, who represents the Council;

         (F)   one resident appointed by the Superintendent and confirmed by the Board of Education; and

         (G)   three residents appointed by the Executive and confirmed by the Council.

The Advisory Committee may recommend individuals to the Executive and the Superintendent for appointment as resident members of the Board.

      (2)   The nonvoting, ex officio members of the board are:

         (A)   a member of the Board of Education designated by the Board of Education;

         (B)   a person designated by the Montgomery County Association of Administrators and Principals to represent secondary school administrators and confirmed by the Council;

         (C)   a person designated by the Montgomery County Association of Administrators and Principals to represent elementary school administrators and confirmed by the Council.

      (3)   The Chief Administrative Officer, the Superintendent of Schools, the President of Montgomery College, and the Montgomery County member of the Maryland- National Capital Park and Planning Commission may each designate a senior staff member to serve in their absence as an alternate member of the Board.

   (c)   Officers. The Board must elect a Chair and Vice Chair to serve for a one-year term, and may reelect either or both officers.

   (d)   Terms. Members of the Board appointed under subsections (b)(1)(F) and (G) and (2)(B) and (C) must serve staggered four-year terms beginning on July 1 of the year when the term of the member's predecessor is scheduled to expire. A member continues to serve until the member's successor is appointed.

   (e)   Compensation. Members of the Board serve without compensation.

   (f)   Meetings. The Board must meet at least once every three months. The Board may be convened at any time, with appropriate advance notice, at the call of the chair or upon the request of the Chief Administrative Officer or the Superintendent.

   (g)   Attendance. Section 2-148(c) applies only to resident members of the Board. (1979 L.M.C., ch. 19, § 2; 1983 L.M.C., ch. 46, § 1; 1984 L.M.C., ch. 24, § 45; FY 1991 L.M.C., ch. 9, § 1; 1997 L.M.C., ch. 11, § 1; 1998 L.M.C., ch. 29, § 1; 2011 L.M.C., ch. 25, § 1; 2013 L.M.C., ch. 4, § 1; 2015 L.M.C., ch. 24, § 6; v, §1.)

   Editor's note—See County Attorney Opinion dated 1/27/03 explaining that the interagency coordinating board membership provision in the Code does not conflict with the Charter appointment provision or with the State enabling law. See County Attorney Opinion dated 6/13/00 explaining that the County cannot refuse access to facilities based on the fact that a group has a discriminatory membership policy.

   1979 L.M.C., ch. 19, § 2 provides that this section, as well as all other provisions of this article, shall become operative by incorporation in an agreement executed among the County government, Board of Education and other public agencies.

Sec. 44-4. Director of Community Use of Public Facilities.

   Except as provided in Section 44-4A, the Director must:

   (a)   Administer the programs and activities necessary to carry out the purposes of this article;

   (b)   Administer appropriated funds and explore the possibility of obtaining additional funds from non-county sources;

   (c)   Provide information and guidance to community groups, municipal governments, county agencies and other users of school facilities as to ways in which such facility use could be made more cost effective;

   (d)   In consultation with the board and with the approval of the chief administrative officer, employ and train community school coordinators and other necessary personnel;

   (e)   Directly with individual schools or through community school coordinators (or other intermediate personnel), maintain effective liaison and consultation with school principals, community school councils and other community organizations and user groups in order to fulfill the following responsibilities, among others:

      (1)   Encourage and assist in the formation of community school councils;

      (2)   Schedule use of school facilities;

      (3)   Under arrangements with school principals, assure general and proper supervision of non-school use of buildings and other facilities, including the engagement of appropriate on-site personnel;

      (4)   Generally coordinate logistical, financial and related aspects of the after-school, evening, weekend and vacation period and other non-school use of school facilities, as may be provided in contractual or other arrangements between the county government and the board of education;

      (5)   Survey community needs and develop outreach and other programs to meet those needs through optimal use of school facilities; and

      (6)   Assume responsibility for needed repair or replacement of property resulting from community use;

   (f)   Effect cooperation among activities under this article, community programs and activities carried on in former schools subsequently taken over by the county government and multipurpose community centers operated by the county government;

   (g)   Serve as executive secretary to the board; and

   (h)   Perform such other related duties as may be required. (1979 L.M.C., ch. 19, § 2; 1986 L.M.C., ch. 37, § 3; 1998 L.M.C., ch. 29, § 1; 2015 L.M.C., ch. 24, § 6.)

   Editor's note—See County Attorney Opinion dated 6/13/00 explaining that the County cannot refuse access to facilities based on the fact that a group has a discriminatory membership policy.

   Cross reference-Office of Community Use of Public Facilities established, § 1A-203(a).

Sec. 44-4A. Child Care in Public Spaces.

   The Child Care and Early Education Officer designated in Section 10A-1 must monitor and support the coordination between the Department of Health and Human Services and the Office of Community Use of Public Facilities to administer the selection of providers in public space, including in Montgomery County Public School facilities to the extent authorized by State law. (2015 L.M.C., ch. 24, § 6.)

Sec. 44-5. Advisory committee.

   (a)   There is hereby established an advisory committee to advise the board and director as to programs and activities conducted pursuant to this article; the committee shall bring to the board and director a broad spectrum of ideas and recommendations as to community use of school facilities. The committee shall submit recommendations to the board on the following subjects: ways by which school facility use may be increased by public agencies and community groups; ways in which information and other outreach efforts may be approved; ways in which facility utilization may be made more cost effective; and, ways by which procedural changes may result in a more effective operation.

   (b)   Members of the committee shall be appointed by the board or designated by organizations under arrangements specified by the board and shall be representative of various county and community groups with interests in school facility use. Committee members shall serve without compensation. The director shall provide necessary staff support for the committee. (1979 L.M.C., ch. 19, § 2.)

Sec. 44-5A. Enterprise fund established; accounts.

   (a)   An enterprise fund is established. The Director of Finance administers the fund. The Director of Finance must deposit to the enterprise fund:

      (1)   all funds paid to the County, either directly or through the Montgomery County public school system, from user fees and other payments for non-school use of school facilities;

      (2)   funds from grants, contracts, or other arrangements with federal or state governments or from other public or private sources in connection with the non-school use of school facilities;

      (3)   all funds paid to the County from user fees and other payments for community use of other public facilities; and

      (4)   any funds appropriated by the County Council to the enterprise fund.

   (b)   The Director of Finance must pay from the enterprise fund amounts necessary to:

      (1)   reimburse the Montgomery County public schools for costs incurred or services rendered in making school facilities available for community or other non-school use;

      (2)   reimburse a government agency for costs incurred or services rendered in making other public facilities available for community use;

      (3)   pay the expenses of meetings and other activities of the Board; salaries and other expenses for the Director, coordinators, and other personnel necessary to implement this Chapter; and

      (4)   pay any other expenses necessary to carry out the activities authorized or required by this Chapter.

   (c)    (1)   The Director of Finance and the Director of Management and Budget must establish a system of fund accounts and other accounts that reflect all identifiable direct costs necessary to make school facilities available for non-school use and other public facilities available to community use. For school facilities, the Directors must establish the accounting system in cooperation with the Superintendent, using criteria approved by the Board. This subsection does not apply to a joint tenancy arrangement maintained by the Board of Education.

      (2)   The accounts established under paragraph (1) must provide the financial basis to:

         (A)   calculate and establish fee schedules;

         (B)   estimate any subsidy the County will provide for a particular type of community use; and

         (C)   prepare budget requests for the appropriation of County funds to implement this Article. (1979 L.M.C., ch. 19, § 2; 1998 L.M.C., ch. 29, § 1.)