Skip to code content (skip section selection)
Compare to:
Montgomery County Overview
Montgomery County Code
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME WARRANTY AND BUILDER LICENSING - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Chapter 33.  Personnel and Human Resources. [Note]
Article I. In General.
§ 33-1. Merit system protection board to have all powers and duties of police civil service commissioner and police trial board.
§ 33-2. Reserved.
§ 33-3. Continuation and administration of merit system.
§ 33-4. Salaries of chairman and members of merit system protection board.
§ 33-4A. Merit system protection board staff.
§ 33-4B. Days of commemoration.
Article II. Merit System.
§ 33-5. Statement of legislative intent; merit system principles; statement of purpose; merit system review commission; applicability of article.
§ 33-6. Definitions.
§ 33-7. County executive and merit system protection board responsibilities.
§ 33-8. Administrative responsibilities of the chief administrative officer.
§ 33-9. Equal employment opportunity and affirmative action.
§ 33-10. Disclosure of illegal or improper actions in County government; protection for merit system employees against retaliation or coercion; appeals.
§ 33-11. Classification; salary and wage plans.
§ 33-12. Appeals of disciplinary actions; grievance procedures.
§ 33-13. Appeal procedures.
§ 33-13A. Audits, investigations and inquiries.
§ 33-14. Hearing authority of board.
§ 33-15. Judicial review and enforcement.
§ 33-16. Conflicting provisions.
§ 33-17. Prohibited personnel practices; criminal penalty.
§ 33-18. Deduction for child support.
§ 33-19. Day care as alternative fringe benefit.
§ 33-20. Short-term, county employees.
§ 33-21. Military leave.
§ 33-22. Reserved.
§ 33-23. Prescription Drug Benefit.
§ 33-24. Telework.
§ 33-25. County Pay Equity Act.
§ 33-26. Severance pay limits.
§§ 33-27—33-33.  Reserved.
Article III. Employees' Retirement System.
Division 1. Generally.
§ 33-34. Declaration of policy.
§ 33-35. Definitions.
§ 33-36. Establishment.
Division 2. Eligibility and Qualifications.
§ 33-37. Membership requirements and membership groups.
§ 33-38. Normal retirement date, mandatory retirement date, early retirement date, and trial retirement.
§ 33-38A.  Deferred Retirement Option Plans.
§ 33-39. Member contributions and credited interest.
§ 33-39A. Investment of contributions to the elected officials' plan.
§ 33-40. Employer contributions.
§ 33-41. Credited service.
Division 3. Benefits.
§ 33-42. Amount of pension at normal retirement date or early retirement date.
§ 33-42A. 2010 Retirement Incentive Program.
§ 33-43. Disability retirement.
§ 33-44. Pension payment options and cost-of-living adjustments.
§ 33-45. Vested benefits and withdrawal of contributions.
§ 33-46. Death benefits and designation of beneficiaries.
Division 4. Administration.
§ 33-47. Administration.
§ 33-48. Reserved.
§ 33-49. Reserved.
§ 33-50. Reserved.
§ 33-51. Reports and audits.
§ 33-52. Payment of benefits.
§ 33-53. Protection against fraud.
§ 33-54. Exemption from execution, garnishment or attachment.
§ 33-55. Filing of retirement system plan and contract.
§ 33-55A. Qualification contingency for elected officials' plan.
§ 33-56. Interpretations.
§ 33-57. Records.
§ 33-58. Trust established-Trust fund.
§ 33-59. Board of investment trustees.
§ 33-60. The Board of Investment Trustees-Powers and Duties.
§ 33-60A. Sudan Investments—Restrictions
§ 33-60B. Emerging Investment Managers.
§ 33-61. Custodian.
§ 33-61A. Indemnification of trustees.
§ 33-61B. Accounts and records of the board of investment trustees.
§ 33-61C. Standard of care.
§ 33-61D. Ethics; conflict of interest.
§ 33-61E. Qualification amendments to elected officials' plan.
§ 33-61F. Qualification amendments.
§ 33-61G. Termination and discontinuance of contributions.
§ 33-61H. Nonqualified supplemental retirement plan.
§ 33-61I. Termination of participation by a participating agency.
§ 33-61J. Termination of assets between trust funds of the retirement system.
Article IV. Employer-Employee Relations.
§ 33-62. Reserved.
§ 33-63. Definitions.
§ 33-64. Employee rights.
§ 33-65. Procedures for certification of an employee organization.
§ 33-66. Procedure for decertification of an employee organization.
§ 33-67. Costs of conducting elections.
§ 33-68. County-employee organization meetings and discussions.
§ 33-69. Employee organization representation of employee members.
§ 33-70. Disputes.
§ 33-71. County responsibilities.
§ 33-72. Employee organization responsibilities.
§ 33-73. Reserved.
§ 33-74. Cost-of-living adjustment.
Article V. Police Labor Relations.
§ 33-75. Declaration of policy.
§ 33-76. Definitions.
§ 33-77. Permanent umpire.
§ 33-78. Employee rights.
§ 33-79. Selection, certification and decertification procedures.
§ 33-80. Collective bargaining.
§ 33-81. Impasse procedure.
§ 33-82. Prohibited practices.
§ 33-83. Expression of views.
§ 33-84. Strikes and lockouts.
§ 33-85. Effect of prior enactments.
Article VI. Reserved.
§ 33-86 — 33-100. Reserved.
Article VII. County Collective Bargaining.
§ 33-101. Declaration of policy.
§ 33-102. Definitions.
§ 33-103. Labor relations administrator.
§ 33-104. Employee rights.
§ 33-105. Units for collective bargaining.
§ 33-106. Selection, certification, and decertification procedures.
§ 33-107. Collective bargaining.
§ 33-108. Bargaining, impasse, and legislative procedures.
§ 33-109. Prohibited practices.
§ 33-110. Expression of views.
§ 33-111. Strikes and lockouts.
§ 33-112. Effect of prior enactments.
Article VIII. Employees' Retirement Savings Plan.
Division 1. Retirement Savings Plan.
§ 33-113. Definitions.
§ 33-114. Establishment.
§ 33-115. Participant requirements and participant groups.
§ 33-116. Participant contributions.
§ 33-117. Employer contributions.
§ 33-117A. County contributions to State retirement and pension systems on behalf of certain former State employees.
§ 33-118. Maximum annual contribution.
§ 33-119. Credited service.
§ 33-120. Distribution of benefit.
§ 33-121. Investment of contributions to the retirement savings plan.
§ 33-122. Administration.
§ 33-123. Qualification contingency.
§ 33-124. Trust fund.
§ 33-125. Powers and duties of the board.
§ 33-126. Amendment and termination.
§ 33-127. Miscellaneous.
Division 2. Disability Benefits Plan.
§ 33-128. Definitions.
§ 33-129. Disability benefits.
§ 33-130. Application for benefits.
§ 33-131. Amount of benefits.
§ 33-132. Time and form of payment.
§ 33-133. Termination of benefits.
§ 33-134. Reduction of benefits.
§ 33-135. Medical examination.
§ 33-136. Re-employment program.
§ 33-137. Funding.
§ 33-138. Appeals of decisions.
Division 3. Severance Pay Plan.
§ 33-139. Severance pay.
§ 33-140. Plan administration.
Article IX. Deferred Compensation Plan.
§ 33-141. Definitions.
§ 33-142. Establishment; participation.
§ 33-143. Powers and duties of the chief administrative officer.
§ 33-144. Trust fund.
§ 33-145. Powers and duties of the board.
§ 33-146. Amendment and termination.
§ 33-146A. Miscellaneous.
§ 33-146B. Collectively Bargained Plans.
§ 33-146C. Independent audit.
Article X. Fire and Rescue Collective Bargaining.
§ 33-147. Declaration of policy.
§ 33-148. Definitions.
§ 33-149. Labor relations administrator.
§ 33-150. Employee rights.
§ 33-151. Selection, certification, and decertification procedures.
§ 33-152. Collective bargaining.
§ 33-153. Bargaining, impasse, and legislative procedures.
§ 33-154. Prohibited practices.
§ 33-155. Expression of views.
§ 33-156. Strikes and lockouts.
§ 33-157. Effect of prior laws and regulations.
Article XI. Other Post Employment Benefits Trust.
§ 33-158. Definitions.
§ 33-159. Establishment of Trust.
§ 33-160. Board of Trustees.
§ 33-161. Contributions and Payments.
§ 33-162. Trust Fund Management.
§ 33-162A. Emerging Investment Managers.
§ 33-163. Board Duties and Responsibilities.
§ 33-164. Custodian.
§ 33-165. Indemnification of Board Members.
§ 33-166. Amendment and Termination.
§ 33-167. Participating Agencies.
§ 33-168. Protection from Creditors.
§ 33-169. County-funded Agency Participation.
Article XII. Montgomery County Group Trust.
§ 33-170. Montgomery County Group Trust.

 

Notes

[Note]
----------
   *Editor’s note2011 L.M.C., ch. 13 , §§ 2 and 3, effective July 2, 2012, state in part:
   Sec. 2. Implementation. Notwithstanding any other provision of law, including § 33-80(a)(7) and § 33- 107(a)(7), the implementation of any amendment to County Code Chapter 33 in Section 1 of this Act concerning disability retirement is not subject to collective bargaining with a certified representative of employees in any bargaining unit.
   Sec. 3. The amendments to County Code Chapter 33 made in Section 1 of this Act apply to any disability occurring on or after the date this Act takes effect [July 1, 2012].
   2011 L.M.C., ch. 13, § 4, which is effective October 10, 2011, states:
   Collective bargaining.
   (a)   It is the policy of Montgomery County that all County employees should have a multi-tier service- connected disability retirement system which includes a:
      (1)   partial incapacity service-connected disability retirement benefit for any injury or illness that prevents an employee from continuing in the employee’s current position but does not prevent the employee from engaging in other substantial gainful employment; and
      (2)   total incapacity service-connected disability retirement benefit for any injury or illness that prevents an employee from engaging in any other substantial gainful employment.
   (b)   It is also the policy of the County that disability benefits are a mandatory subject of collective bargaining with each appropriate certified employee representative.
   (c)   Notwithstanding any County law to the contrary, the County Executive may separately negotiate the terms of an appropriate multi-tier service-connected disability retirement system with the certified employee representative for the police bargaining unit and the certified representative for the OPT and SLT bargaining units, in each case not later than March 1, 2012.  If in either case the parties are unable to reach agreement on an appropriate multi-tier system, the parties may submit this issue for resolution through the applicable impasse procedures under the County’s police labor relations law and the County collective bargaining law as a separate matter, not part of or linked to any other collective bargaining procedure.  The impasse neutral for the police bargaining unit and the mediator/arbitrator for the OPT and SLT bargaining units must choose the final offer of either party after considering equally the following factors:
      (1)   service-connected disability retirement systems for similar employees of other public employers in the Washington Metropolitan Area and in Maryland;
      (2)   best practices for service-connected disability retirement systems for similar employees in the United States;
      (3)   the interest and welfare of the public; and
      (4)   the long-term ability of the employer to finance a disability retirement system, and the effect of the cost of the system on the normal standard of public services provided by the employer.
   (d)   The Executive must submit the results of any collective bargaining process regarding this issue to the Council for legislative action not later than April 1, 2012.
   1999 L.M.C., ch. 30, § 3, states:
   Regulations.  All personnel regulations in effect when this Act becomes law [March 3, 2000] continue in effect, except that any reference in the regulations to an employee’s “spouse” (or equivalent term, such as “widow”) or a “spouse’s dependent” means “spouse or domestic partner” and “spouse’s or domestic partner’s dependent”, respectively, when that meaning is consistent with this Act.  Within 120 days after this Act becomes law [March 3, 2000], the County Executive must submit to the Council, for approval under method (1), amendments to the personnel regulations to implement this Act.  In this Section, “employee” includes both active and retired employees.
   Chapter 33 is cited in Dashiell v. Montgomery County, 731 F.Supp. 1252 (D.Md. 1990); mentioned in Montgomery County Department of Police v. Lumpkin, 51 Md.App. 557, 444 A.2d 469 (1982); and cited in Lukas v. Bar Association of Montgomery County, 35 Md.App. 442, 371 A.2d 669 (1977).
   Charter reference-Merit system and conflicts of interest, § 401 et seq.
   Cross reference—Department of personnel established, § 1A-201(a); functions of department of personnel, § 2-64I; personnel administration for fire and rescue services, § 21-4M et seq.; personnel regulations, app. F.