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There is hereby created the Washington Suburban Transit Commission, which shall have the powers and duties granted herein and such additional powers as may hereafter lawfully be conferred upon it pursuant to law, to manage and control the functions, affairs and property of the corporation. (Mont. Co. Code 1965, § 72-4; 1965, ch. 870, § 1.)
(a) (1) The commission consists of 7 members.
(2) (i) The County Executive of Montgomery County shall appoint 2 members, subject to the confirmation of the Montgomery County Council.
(ii) Of these two appointees, one shall be designated by the County Executive to serve as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors.
(3) (i) The County Executive of Prince George's County shall appoint 2 members, subject to the confirmation of the Prince George's County Council.
(ii) Of these two appointees, one shall be designated by the County Executive to serve as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors.
(4) (i) The governor shall appoint 2 members with the advice and consent of the senate of Maryland.
(ii) One member shall be a resident of Montgomery County and one member shall be a resident of Prince George's County.
(5) A Commissioner serving as a principal or an alternate member on the Washington Metropolitan Area Transit Authority Board of Directors:
(i) May not hold any elected office in federal, State, county, or municipal government at any time during the term of appointment to the Commission, except as provided in paragraph (7) or (8) of this subsection;
(ii) May not have been employed by the Washington Metropolitan Transit Authority for at least 1 year prior to appointment to the Commission;
(iii) Shall have experience in at least one of the following areas:
1. Transit planning, transportation planning, or land use planning;
2. Transit management, transportation management, or other public sector management;
3. Engineering;
4. Finance;
5. Public safety;
6. Homeland security;
7. Human resources;
8. Law; or
9. Knowledge of the region’s transportation issues derived from working on regional transportation issues;
(iv) Except for the Secretary of Transportation, or the Secretary’s designee, shall be a regular passenger and customer of the bus, rail, or paratransit services of the Washington Metropolitan Transit Authority; and
(v) Shall submit annual reports, to the Governor and county executives on or before January 31 of each year during the commissioner’s term of appointment, that apply to the previous calendar year and include:
1. The dates of the commissioner’s attendance at Washington Metropolitan Area Transit Authority Board of Directors meetings held since submission of the previous report, or the reasons for nonattendance at the meetings, if any;
2. The dates of the commissioner’s attendance at any other public meetings in the commissioner’s official capacity as a Washington Metropolitan Area Transit Authority Board member; and
3. An affirmation of the commissioner’s use of the bus, rail, and paratransit services of the Washington Metropolitan Area Transit Authority since submission of the previous report.
(6) (i) The Secretary of Transportation shall be an ex-officio member of the Commission and is entitled to the same rights of membership as the appointed members.
(ii) The Secretary of Transportation may designate in writing an alternate representative, who shall have the same rights of membership as the Secretary.
(7) (i) At least 1 commissioner from Prince George's County appointed by the county executive shall be appointed from among the members of the Prince George's County Council.
(ii) The other commissioner may be selected from among the members of the Prince George's County Council or from qualified residents of Prince George's County.
(8) The county executives may designate themselves as 1 of the commissioners from their respective counties.
(9) Each commissioner serves at the pleasure of the respective appointing official.
(10) (i) Commissioners, other than the required member from the Prince George’s County Council, serve for a term of 4 years which begins on July 1.
(ii) Commissioners appointed by the Governor may not serve more than two consecutive terms.
(iii) The terms of the commissioners, other than the required member from the Prince George’s County Council, shall be staggered as required by the terms provided for commissioners on October 1, 2012.
(iv) The commissioner required from the Prince George’s County Council serves while a member of the county council, and at the pleasure of the County Executive and County Council of Prince George’s County.
(11) (i) Subject to subparagraph (ii) of this paragraph, members of the Commission shall serve until their successors have been appointed and qualified or until the member is reappointed by the appointing authority.
(ii) A member’s holdover period may not exceed 12 months.
(12) The county executives and the Governor shall inform the Commission of their appointments to and removals from the Commission by delivering to the Commission, a certified copy of the resolution or other action making the appointment or causing the removal.
(13) The county executives and the Governor shall submit to the Secretary of Transportation an annual letter that establishes the compensation for each commissioner serving as a principal or alternate member of the Washington Metropolitan Area Transit Authority Board of Directors by July 1 of each year, beginning July 1, 2013.
(14) (i) The following commissioners shall serve as the Commission’s appointees to be principal members of the Washington Metropolitan Area Transit Authority Board of Directors:
1. Subject to subparagraph (ii) of this paragraph, the Secretary of Transportation, or the Secretary’s designee, as an ex officio principal member; and
2. Subject to subparagraph (iii) of this paragraph, one of the commissioners appointed by the Governor under paragraph (4) of this subsection.
(ii) The Secretary of Transportation’s designee under subparagraph (i)1 of this paragraph:
1. Shall be an employee of the Department of Transportation;
2. Shall have experience with and possess qualifications related to transit; and
3. May attend meetings of the Washington Metropolitan Area Transit Authority Board of Directors on behalf of the Secretary only if a scheduling conflict arises.
(iii) The Commission’s appointee under subparagraph (i)2 of this paragraph may not be succeeded in office by a commissioner who is a resident of the same county.
(b) Each commissioner, before entering upon the discharge of the duties of his office, shall:
(1) Take the constitutional oath of office before the clerk of the circuit court in the county in which he resides and a record of each oath shall be filed in the office of the clerk before whom it was taken; and
(2) Give bond in the amount and as required by law for a county commissioner, which bonds shall be executed by a surety company authorized by the State of Maryland to execute such bonds. Upon approval of such bond by the commission, the premium for such bond, which shall not exceed one-half of one (1) percent per annum of the penalty of the bond so executed and approved, shall be paid by the commission from any funds available therefor. (Mont. Co. Code 1965, § 72-5; 1965, ch. 870, § 1; 1966, ch. 542, § 1; 1970, ch. 467, § 1; 1970, ch. 526, § 13; 1972, ch. 444, § 1; 1992 ch. 22, § 1; E.S. 1992, ch. 3, § 1; 2012, ch. 433, § 1; 2018, ch. 353, §1; 2022, ch. 740, §1.)
Editor’s note—2018, Chapter 353, §§ 2 and 3, state:
Sec. 2. … that a commissioner of the Washington Suburban Transit Commission appointed as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors before the effective date of this Act may continue to serve as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors until the expiration of the commissioner’s current term of appointment.
Sec. 3. … that:
(a) Each signatory of the Washington Metropolitan Area Transit Authority Compact is encouraged to support reform of the Washington Metropolitan Area Transit Authority’s governance structure to improve efficiency, accountability, and effectiveness of the Authority’s performance, oversight, safety, accessibility, environmental quality, economic development, and quality of life in Maryland.
(b) Reforms of the Authority’s governance structure may include:
(1) reducing the size of the Washington Metropolitan Area Transit Authority Board of Directors;
(2) improving the independent investigation and oversight of the Authority;
(3) prohibiting elected officials from serving on the Board of Directors;
(4) removing a Compact signatory’s veto authority;
(5) requiring eligibility criteria for Board members, such as possessing qualifications in relevant fields;
(6) providing equitable compensation for each Board member;
(7) enhancing transparency; and
(8) improving stakeholder input, including input from users of the Authority’s services.
2012, Chapter 433, §§ 2 and 3, state:
Sec. 2. [T]he first annual reports required under Article 16, § 87-5(a)(5)(v) of the Public Local Laws of Maryland and Article 17 Part III, § 5(a)(5)(v) of the Public Local Laws of Maryland, both as enacted by Section 1 of this Act, shall be submitted on or January 31, 2013, and shall cover the period from October 1, 2012, through December 31, 2012.
Sec. 3. (a) the terms of all members of the Washington Suburban Transit Commission appointed and serving as of October 1, 2012, shall expire on June 30, 2013;
(b) the initial appointments of the members of the Washington Suburban Transit Commission shall be made on July 2, 2013, and the terms of the initial members, other than the required member from the Prince George’s County Council, shall expire as follows:
(1) one commissioner who serves as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors, in 2017;
(2) one commissioner who is appointed by the County Executive of Montgomery County, but who does not serve as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors, in 2017;
(3) the commissioner who serves as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors representing Montgomery County, in 2016;
(4) one commissioner who serves as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors, in 2015; and
(5) the commissioner, other than the required member, who serves as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors representing Prince George’s County, in 2014; and
(c) for purposes of term limits, a term that is less than 3 years may not be considered a full term.
(a) The respective appointing bodies shall have authority to designate who shall be the chairman and the vice-chairman of the commission, who shall not be from the same county. If the appointing bodies do not designate such officers, then the commission may elect the chairman and vice-chairman from among its members. The county from which the first chairman shall be appointed shall be determined by priority in time as shown on the official resolution of appointment, or in case of conflict shall be determined by agreement between the two (2) counties. Thereafter, the office of chairman and vice-chairman shall rotate annually between the two (2) counties, with each respective appointing body retaining the authority to name the officer from its county.
(b) The commission shall also elect a secretary and a treasurer who may or may not be members of the commission, as the commission in its discretion may determine. The offices of secretary and treasurer may be held by the same person. Subject to the provisions of subsection (a) of section 87-5 of this Code and subsection (a) of this section, each officer of the commission shall serve for a term of one (1) year and shall be eligible for re-designation or re-election. (Mont. Co. Code 1965, § 72-6; 1965, ch. 870, § 1.)
(a) Commissioners appointed from Prince George's County other than those who are full- time members of the governing body of the county except where compensation for the performance of these duties is prohibited by law, shall receive fifty dollars ($50.00) per diem compensation for each day in which they attend a meeting or business of the commission for which official minutes are kept or for meetings officially authorized by the commission; provided that in no event shall a commissioner receive more than fifty dollars ($50.00) for any day, but every commissioner shall be reimbursed for his necessary and proper expenses incurred in the performance of his duties as a commissioner separate from the per diem compensation.
(b) (1) (i) Except as provided in item (ii) of this paragraph, the members of the Washington Suburban Transit Commission from Montgomery County receive the following salaries:
1. Chairman $2,875.
2. Commissioners $2,500.
(ii) A commissioner from Montgomery County who also serves as a member or an alternate of the Washington Metropolitan Area Transit Authority must receive the following salary:
1. Chairman $18,500.
2. Member or alternate $17,500.
(2) A Commissioner who is an elected official or a full-time County employee must not receive compensation for service on the Commission.
(c) The Secretary of Transportation, or the Secretary’s designee, may not receive compensation for service as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors. (Mont. Co. Code 1965, § 72-7; 1965, ch. 870, § 1; 1966, ch. 542, § 1; 1985, ch. 784, § 1; 1990, ch. 191, § 1; 2001 L.M.C., ch. 1, § 1.)
Editor’s note—See County Attorney Opinion dated 2/12/01 which states that the Council cannot change a public official’s salary during the official’s term in office. Changes to salaries of members of a Board or Commission should be made prospective.
2001 L.M.C., ch. 1, § 2, states: The amendment to County Code Section 87-7, enacted in Section 1 of this Act, applies to any Washington Suburban Transit Commissioner from Montgomery County who is appointed or designated to serve as a member or alternate member of the Washington Metropolitan Area Transit Authority on or after this Act takes effect [March 13, 2001].
A majority of the Commission shall constitute a quorum. The affirmative vote of a majority of the commission shall be necessary to take any action. A majority for determining a quorum or for taking any action shall include at least 1 member appointed by each county, 1 member appointed by the governor, and the secretary of transportation or the secretary's designee. (Mont. Co. Code 1965, § 72-8; 1965, ch. 870, § 1; E.S. 1992, ch. 3, § 1.)
Meetings of the commission shall be held at such places and at such times as the commission shall from time to time prescribe. Meetings of the commission, except executive sessions, shall be open to the public. Public hearings shall be held upon at least thirty (30) days' notice, such notice to be given by publication in at least one (1) newspaper printed and published in Montgomery County and one (1) newspaper printed and published in Prince George's County. (Mont. Co. Code 1965, § 72-9; 1965, ch. 870, § 1.)
(A) No commissioner, nor any other officer, employee, agent or consultant, shall have any interest in any person or company engaged in the business of providing public transportation in the district or within the metropolitan area in which the district is located, or in the manufacture or sale of passenger transportation equipment or facilities.
(B) No commissioner nor any agent, officer, employee or consultant thereof, shall contract with the district or be interested in, either directly or indirectly, any contract with the district or in the sale of any property, either real or personal, to the district.
(C) Any violation of this provision shall be a misdemeanor and punished as provided by law.
(D) All commissioners are public officials as defined under the Maryland Public Ethics Law and are subject to the restrictions and requirements set forth in Title 15 of the State Government Article of the Annotated Code of Maryland, as amended and supplemented. (Mont. Co. Code 1965, § 72-10; 1965, ch. 870, § 1; 2012, ch. 433, § 1.)
Any other provision of law to the contrary notwithstanding, the commission shall:
(a) Cooperate and participate, in accordance with the processes and procedures hereinafter provided, with an authority to be created by interstate compact between Maryland, Virginia and the District of Columbia, in the formulation by that authority of that portion of its transit plan relating to the transit facilities and services to be provided within the district and in the revision and amendment thereof from time to time;
(b) Negotiate with the authority, the Northern Virginia Transportation District and the District of Columbia an agreement for the allocation among such governments and the district of the costs to be incurred by the authority in providing transit facilities and services; and
(c) Provide, in the manner hereinafter set forth, funds to meet the obligations allocated to the district pursuant to such agreement. (Mont. Co. Code 1965, § 72-11; 1965, ch. 870, § 1.)
(a) The district is authorized to enter into contracts or agreements with the authority pursuant to which the authority undertakes to provide the transit facilities and services to the district, specified in a mass transit plan adopted by the authority, in consideration for the undertaking by the district to contribute, such sums as shall be agreed on, to the capital required for the construction or acquisition of the transit facilities, for debt service requirements and for meeting expenses and obligations incurred in the operation of the facilities. The district may not enter into any contracts or agreements with respect to transit facilities and service in either Montgomery or Prince George's Counties unless the governing body of the affected county adopts a resolution approving the transit facilities and service proposed to be provided in its county, the terms and provisions of the contract or agreement and the allocation between the counties of the obligations created by the contract or agreement. The failure of one of the counties to grant approval does not preclude the district from entering into a contract or agreement for transit facilities and service to be provided to the other county, if that county grants the required approvals. Notwithstanding § 87-8, the commission may authorize such a contract or agreement with the unanimous approval of the 2 commissioners appointed by the county executive from the county granting the requisite approvals, the commissioner appointed by the governor from the affected county, and the secretary of transportation and such 4 commissioners shall constitute a quorum of the commission for the purposes of considering such a contract or agreement. (Mont. Co. Code 1965, § 72-12; 1965, ch. 870, § 1; 1968, ch. 727, § 1; 1992, ch. 22, § 1; E.S. 1992, ch. 3, § 1.)
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