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(a) Advertisement and solicitation.
(1) Council appointments. The County Council must publish notice of and solicit applications for any vacancy that exists on any board, committee, or commission that is appointed by the Council.
(2) Executive appointments. The Council must not consider for confirmation an appointment by the County Executive to any board, committee, and commission unless, when the vacancy exists, the County Executive publishes notice of the vacancy and solicits applications to fill the vacancy.
(3) Waiver. Advertisement and solicitation requirements may be waived on a case- by-case basis. A majority of the Council may waive the requirements for Council appointments. The County Executive with the agreement of a majority of the Council may waive the requirements for Executive appointments.
(b) Interviews.
(1) In general. Councilmembers must be afforded an opportunity to interview each County Executive nominee or potential Council appointee before the Council acts on the appointment.
(2) Selection of interviewees. . If a potential appointee is selected for an interview based upon a tally of Councilmembers, the Clerk must provide to a Councilmember, upon request, the results of the tally. The tally is a personnel record under the Maryland Public Information Act 4 , and it must not be disclosed publicly. If at least 4 Councilmembers indicate to the Clerk in writing that they wish to interview a potential appointee, the potential appointee must be permitted the opportunity to interview before the Council.
(c) County employees. Subsections (a) and (b) do not apply to any position on a board, committee, or commission that must be filled by an employee representing a County department, office, or agency, as a law, resolution, or executive order provides.
(d) Publication. The name of each appointee should be published at least one week before confirmation.
(e) Special process for certain Council appointments.
(1) Scope. This subsection (e) applies to: any appointment to the Montgomery County Planning Board; and any Council appointment for which a Councilmember requests the use of the process under this subsection. This subsection does not apply to an Executive appointment.
(2) Nominations. At a Council meeting to consider or make an appointment under this subsection, each Councilmember may nominate an individual who has been interviewed by the Council for the appointment. If the nomination is seconded, the Clerk must add the nominee to a list of eligible nominees.
(3) Appointments. The Clerk must announce the list of eligible nominees and call the roll of Councilmembers. Each Councilmember may vote in the affirmative to appoint an individual from the list of eligible nominees. If a nominee is selected by a majority of Councilmembers present and voting, the nominee is appointed. If no nominee is selected by a majority, the Council may repeat the nomination process, repeat the vote, or defer the appointment to a subsequent meeting. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
Notes
| 4 | Maryland Code, General Provisions Article §4-211, as amended |
(a) Advertisement requirements. Unless any law requires the Council to set the date of a public hearing, the President may set the date and time of any public hearing and must advertise each public hearing as provided in this section.
(1) The advertisement for a public hearing on all matters must include:
(A) the time and place of the public hearing, including if the public hearing is remote or available by other electronic means;
(B) the place where members of the public may obtain an electronic copy of the materials to be discussed at the public hearing;
(C) how to register to speak at the public hearing; and
(D) any other information required by law.
(2) The advertisement for a public hearing on legislation or a zoning text amendment must include the title or summary of the proposed legislation or text amendment.
(3) The advertisement for a public hearing on matters other than legislation must include the generic title and subject matter of the public hearing.
(b) Publication requirements. Before a public hearing, the President must post online the advertisement of the public hearing on the County’s website, and if required by law, publish at least once in one newspaper circulated throughout the County. The number of days that advance notice is required, the number of newspapers in which the notice must appear, and the number of consecutive weeks that the notice must appear are established by law. Unless the time is otherwise specified by law or Council action, 14 days advance notice must be provided.
(c) Public notice on emergency matters. If a public hearing will be held on an emergency matter, the President must:
(1) (A) unless otherwise required by law, post online an advertisement on the County’s website of the public hearing as required under subsection (b), if possible; or
(B) inform the news media by electronic means of the public hearing if notice under subsection (b) is not possible; and
(2) disseminate electronic copies of the proposed emergency matter so copies are available to the public and the news media.
(d) Board of Health regulations. Before the Council, meeting as the Board of Health, adopts a regulation, the President must:
(1) advertise the public hearing in a newspaper circulated throughout the County at least 14 days before the hearing; and
(2) notify the governing body or chief executive officer of each municipality in the County by mail or electronically at least 14 days before the hearing.
The President may waive either or both forms of notice if a public health emergency requires immediate action on a regulation.
(e) Electronic Notice and Publications of Documents. Unless otherwise required by law, all notices and dissemination of documents required to be published as outlined in these rules, are deemed satisfied if the documents are electronically available and published on the County’s website. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 14-685; Res. No. 16-59; Res. No. 17-40; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
(a) Notice of meetings. The Council meets in the Stella B. Werner Council Office Building, Rockville, Maryland, unless the President designates another location. The Council may in addition to, or as an alternative meeting place, conduct remote meetings by virtual or telephonic conference. The President must notify Councilmembers, the news media, and the public of the agenda of a Council meeting and provide reasonable notice of the date, time, and place of the meeting as the State open meetings law requires.
(b) Attendance. A Councilmember must attend in-person meetings in person, except for limited circumstances when a Councilmember’s in-person attendance at the in-person meeting would be impractical or unreasonable. A Councilmember must send a written notice to the Council President and Council Clerk advising that they will be absent or will participate in a meeting remotely. The Councilmember’s presence must be announced as virtual by the Clerk at the commencement of the meeting, and all members must be recorded in the meeting minutes as in-person, virtual, telephonic, or absent.
(c) Agenda preparation. The President must prepare a written agenda for each meeting. The agenda must include the order and an understandable description of each item to be considered.
(d) Advance Notice. Unless the President determines an agenda item is an emergency, a Councilmember must submit to the President a written draft of a proposed item for introduction, at least eight (8) days in advance of a Council session, before the item can be added to the agenda.
(e) Additions to the agenda. At any time after the President calls a meeting to order, a Councilmember may move to add to or delete from the agenda of that meeting or add an item to a future meeting.
(f) Committee assignment. The President may assign a matter to one or more Council committees, or two Council committees meeting as a joint committee. An assignment may be changed by a motion to refer the matter to another committee, approved by a majority of the Council. The President may vote on this motion in the same manner as any other motion. A committee is a public body under the State open meetings law, and the President must give notice of any committee meeting as required under that law. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 14-53; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
(a) Introduction. All bills that are to be the subject of an advertisement and a public hearing must be proposed in a legislative session, and must be reduced to writing before they are introduced and the advertisement is published.
(b) Scheduling. If the President or a majority of the Council refuse to schedule introduction of proposed legislation by a Councilmember, the Councilmember must give the President at least 2 weeks’ written notice of the Councilmember’s intention to introduce legislation at a future legislative session. After notice, introduction must be allowed. Neither consent of the President nor a motion to amend the agenda is required. All legislation must be in writing and must substantially comply with the drafting guidelines and format requirements of the Montgomery County Plain Language Drafting Manual.
(c) Requested legislation. A Councilmember who introduces legislation may direct that the legislation indicate that it was introduced on request of a certain public official or body.
(d) Reading. At introduction, the bill is read only by number and short title. At final action, the bill is read only by number and short title unless:
(1) 3 Councilmembers request a reading of the entire bill; and
(2) a copy of the bill as it would be enacted, with all adopted amendments, is not available to each Councilmember.
(e) Copies. The President must disseminate copies of legislation in advance by electronic means for distribution to Councilmembers, the news media, and the public.
(f) Expiration. Unless the Council enacts, defeats or withdraws a bill, the bill expires at end of the Council term. 5 The President must inform all Councilmembers in writing of the pending expiration of a bill at least one month in advance.
(g) Withdrawal. A motion to withdraw a bill must be made during legislative session by an original sponsor of the bill, or by any Councilmember if the term of each original sponsor has expired. A bill is withdrawn upon the majority vote of the Council.
(h) Voting. The Council must vote by roll call to enact, defeat, or withdraw a bill. If no Councilmember objects, the Council may enact more than one bill by a single combined roll call vote.
(i) Expiration of a law. The Council Clerk must annually circulate to each Councilmember and the County Executive a list of each provision of the County Code that has a fixed expiration date and submit the list for publication in the County Register. The Clerk also must inform each Councilmember and the County Executive in writing of the pending expiration of a law or a significant provision of a law 14 months before the law or provision is scheduled to expire.
(j) Committee amendments. If a Council Committee to which a bill was referred recommends that the bill be enacted with amendments, the Council must first consider the bill as amended by the Committee. The motion on the floor is the Committee’s motion to enact the bill as amended by the Committee. At that point a Councilmember may move to amend the Committee bill, including a motion to enact the bill as originally introduced, remand the bill to the same or another Committee, or take any other action regarding the bill.
(k) Expedited legislation. A bill that has been introduced as, or amended to be, expedited legislation, but received only 6 affirmative votes to enact it, has without further amendment been enacted as ordinary legislation, and the Council Clerk must revise the bill to delete any indicia of expedited legislation. (Res. No. 11-54; Res. No. 11-1368, §4; Res. No. 11-1574; Res. No. 12-83; Res. No. 13-49; Res. No. 13-1061; Res. No. 16-59; Res. No. 17-40; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
Notes
| 5 | Res. 20-35 states: The amendments to Rules 6(f) and 7(f) apply ony to bills or resolutions introduced on or after January 31, 2023 |
(a) Introduction. Except as provided in subsection (b), if the President or a majority of the Council refuse to schedule introduction of a proposed resolution by a Councilmember, the Councilmember must give the President at least 2 weeks’ written notice of the Councilmember’s intention to introduce the resolution at a future meeting. After notice, introduction must be allowed. Neither consent of the President nor a motion to amend the agenda is required. Each resolution must be in writing and (except for ceremonial resolutions) must substantially comply with the drafting guidelines and format requirements of the Montgomery County Plain Language Drafting Manual.
(b) Introduction of Special Appropriations. Before introduction at a Council meeting, a proposed resolution for a special appropriation must have a sponsor and the support of 2 or more co-sponsors.
(c) Reading. At introduction, the resolution is read only by subject. At final action, a resolution is read only by subject unless:
(1) three (3) Councilmembers request a reading of the entire resolution; and
(2) a copy of the resolution as it would be adopted, with all adopted amendments, is not available to each Councilmember.
(d) Action. A resolution must not be acted on until the next meeting after it has been introduced. However, the following resolutions may be acted on at any time:
(1) setting the time and date of a public hearing;
(2) approving a matter that has been the subject of a public hearing by the Council or the Executive, or that has been published in the County Register;
(3) approving or confirming an appointment;
(4) extending a time for action, an effective date, or an expiration date;
(5) amending a previously-adopted resolution; or
(6) any resolution containing a declaration of emergency.
(e) Effective dates. A resolution takes effect on adoption unless the resolution specifies a different date.
(f) Expiration. A resolution that is not adopted or defeated sooner expires at the end of the Council term. 6 (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 13-1061; Res. No. 18-49; Res. No. 19-1443; Res. 20-35.)
Notes
| 6 | Res. 20-35 states: The amendments to Rules 6(f) and 7(f) apply ony to bills or resolutions introduced on or after January 31, 2023 |
(a) Consideration of legislation. Before a public hearing is advertised, a Councilmember may move not to consider a bill. This motion is debatable and must be made only in legislative session. A motion not to consider may be made when another Councilmember has the floor. The bill must not proceed to public hearing if a majority of the Council votes not to consider it. A member who was absent or on the prevailing side when a motion not to consider is adopted may move to reconsider the motion at any future legislative session before the bill expires.
(b) Consideration of a resolution. When a resolution is introduced, a Councilmember may move not to consider it. This motion is debatable. A motion not to consider may be made when another member has the floor. If the motion is adopted, the resolution must not be considered further.
(c) Effect of motion not to consider. A successful motion not to consider does not limit the contents of any bill or resolution that is introduced at a later meeting or legislative session. (Res. No. 11-54; Res. No. 12-83; Res. No. 18-49; Res. No. 19-1443.)
(a) Quorum. A quorum is not required for a public hearing unless expressly required by law. Unless otherwise expressly required by law, the Council may delegate the conduct of any hearing to a Council committee, Councilmember, or Council staff member.
(b) Preliminary remarks. After convening a public hearing, but before the presentation of testimony, the presiding officer must:
(1) briefly explain the purpose of the public hearing;
(2) specify the last date by which written testimony or information should be submitted;
(3) announce the date and time for worksession or final action, if known; and
(4) present any information required by law.
(c) Time limits and registration requirements. The presiding officer may announce in advance or at the hearing time limits for each speaker, registration requirements, and limits on the number of speakers. A majority of the Council may extend or shorten the time limits or change the limits on the number of speakers. The presiding officer may vote on a motion to change the time limits or the limits on the number of speakers.
(d) Information from members of the public. Each member of the public desiring to speak at a public hearing first must register with the Council Clerk by providing the person’s name, home or business address, and the person or organization the speaker represents. When recognized by the presiding officer to speak, the person must provide the following information:
(1) name; and
(2) the person or organization the speaker represents, if any.
(e) Relevance. The presiding officer may temporarily suspend any testimony that is not relevant to the subject of the hearing and advise the speaker to that effect. The presiding officer may stop taking further testimony from and vacate any remaining time allocated to a speaker who, after being so advised, continues to offer irrelevant testimony.
(f) Questions from Councilmembers. After being recognized by the presiding officer, any Councilmember present may briefly question any speaker. The member and the speaker must not debate.
(g) Transcript of a public hearing. A transcript of a public hearing must be made as required by law.
(h) Continuing or postponing a public hearing. A public hearing may be postponed or continued without further published notice if, after the required notice of the hearing has been published, either:
(1) at the time and place for which notice was given, the presiding officer specifies when and where the hearing will convene or reconvene; or
(2) before the hearing was scheduled to be held, the presiding officer has:
(A) informed each person who registered to testify when and where the hearing will convene or reconvene;
(B) inserted in the Council’s printed agenda or an addendum to the agenda when and where the hearing will convene or reconvene, or posted when and where the hearing will convene or reconvene at the place where notices of Council meetings are posted; and
(C) specified on the Council web site when and where the hearing will convene or reconvene.
If severe weather conditions or another emergency requires the Council to postpone a hearing, the presiding officer may do so before the hearing is held without giving one or more of the notices required by this subsection. In that case, the President must readvertise the hearing as required by Rule 4 unless the original advertisement specified when and where a postponed hearing would be held. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 13-1061; Res. No. 16-59; Res. No. 18-49; Res. No. 19-1443; Res. No. 20-35.)
(a) Withdrawal. The maker of a motion may withdraw the motion at any time before a vote is taken unless another member objects.
(b) Written motions. Before a vote is taken, any Councilmember may direct the Council Clerk to state the motion in writing and distribute it to the Council.
(c) Committee recommendations. A recommendation from a Council committee that received the affirmative votes of a majority of members of that committee, or a recommendation that received the affirmative votes of a majority of the members of any joint committee, is a main motion that does not require a second.
(d) Motion to table; taking from the table. A motion to table is not in order at a meeting of a Council Committee, including a joint Committee meeting. A Councilmember may move to take a bill or resolution from the table if the Councilmember voted to lay the bill or resolution on the table, or was absent and not merely abstaining from the vote. A bill may be taken from the table at any time until it expires. A resolution may be taken from the table at any time before it expires.
(e) Reconsideration. A Councilmember may move to reconsider a matter already decided if:
(1) the matter is still in the possession of the Council;
(2) the motion to reconsider is made:
(A) at the same meeting; or
(B) at the later of:
(i) the next similar Council meeting; or
(ii) any similar Council meeting held within the next 7 days; and
(3) the Councilmember voted with the prevailing side or was absent, and not merely abstaining from the vote.
The Council may postpone a vote on a motion to reconsider to a time certain, but not indefinitely.
(f) Effect of Motion to Reconsider. A motion to reconsider, properly made, suspends the action that is the subject of the motion until the motion is adopted or rejected. A motion to reconsider, properly adopted, voids the action that is the subject of the motion.
(g) Reconsideration of enactment. A motion to reconsider the enactment of any law, zoning text amendment, or subdivision regulation amendment, requires 6 votes for adoption. (Res. No. 11-54; Res. No. 12-83; Res. No. 13-49; Res. No. 14-53; Res. No. 17-40; Res. No. 18-49; Res. No. 19-1443.)
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