montgomery county charter section 213

This amendment was proposed to the Council by the Charter Review Commission in its 2022 Report. When a vacancy has occurred, a majority of the remaining members of the Council shall appoint a person to fill the vacancy within thirty days. A member of the County Council also may be suspended and removed from office in the manner provided in Section 2 of Article XV of the Constitution of Maryland. A vacancy in the office of the County Executive shall exist upon the death, resignation, disqualification, or removal of the County Executive. "Amend Section 213 of the County Charter to require the consent . Emergency legislation shall take effect on the date on which it shall become law. Except for commissions appointed to advise the Council, the County Executive shall appoint, subject to the confirmation of the Council, all members of boards and commissions unless otherwise prescribed by state law or this Charter. SECTION 1: Existing Officers and Employees. The County Executive shall prepare and provide to the Council and the public, within sixty days after the end of each fiscal year, an annual report setting forth the activities and accomplishments of the County government. An appointee shall serve for the unexpired term of the previous member. SECTION 406: Prohibition Against Private Use of Public Employees. A short description of additional briefs that the office has filed also will appear here. No person whose compensation is paid in whole or in part by the County shall (1) act as an attorney, agent, broker, or employee for, or receive compensation or anything of value from any person, firm or corporation transacting business of any kind with, or engaging in litigation against the County, or any instrumentality thereof; (2) represent or serve any client in any manner if that client's interest is adverse to that of the County, or in conflict with the person's official duties. Skip to code content (skip section selection). The public services program shall include a statement of program objectives and recommend levels of public service by the County government, and shall provide an estimate of costs, a statement of revenue sources, and an estimate of the impact of the program on County revenues and the capital budget. Also, the County may not seek federal or state permits for the burying or trenching of sewage sludge in residential zones. A vacancy shall occur when any member of the Council shall, prior to the expiration of the term for which elected, die, resign the office or become disqualified for membership on the Council or be removed from office. HEALTH AND SANITATION - REGULATIONS, CHAPTER 24A. APPENDIX A - ARTICLE 4, MONTGOMERY COUNTY CHARTER MERIT SYSTEM AND CONFLICTS OF INTEREST. This Charter may be amended in the manner provided in Section 5 of Article XI-A of the Constitution of Maryland. The Chief Administrative Officer, under the direction of the County Executive and subject to merit system laws and regulations, shall be responsible for administering the County's merit system. The ballot question was recommended by former County Attorney Marc Hansen. The capital improvements program shall include a statement of the objectives of capital programs and the relationship of capital programs to the County's long-range development plans; shall recommend capital projects and a construction schedule; and shall provide an estimate of costs, a statement of anticipated revenue sources, and an estimate of the impact of the program on County revenues and the operating budget. Merit System. The Council shall prescribe by law a centralized system of purchasing and contracting for all goods and services used by the County. Section 106. The Commission shall report at least once to the Council on the Commission's activities within one year after appointment of the Commission. The Council may make an emergency appropriation at any time after public notice by news release. Councilmembers continue to hold meetings in their offices by appointment. If the County Executive disapproves or reduces any item in the budget, it shall be returned to the Council with the reasons for the disapproval or reduction in writing. This Charter amendment would require the Council to consent to the Executives removal of the County Attorney. Legislation declaring an emergency and containing a section declaring that it is necessary for the immediate protection of public health or safety, and enacted by the affirmative vote of at least six members of the Council, shall be emergency legislation. Emergency legislation shall remain in force from the date it shall become law notwithstanding the filing of a petition for referendum but shall stand repealed thirty days after rejection by a majority of the registered voters voting thereon. For information or to express an opinion call 240-777-7900. Since only removal the Executive removecan the County . Resolution, Proposed Amendment to County Charter - County Attorney - Removal Procedures. Under the proposed Charter amendment, only the amendment with the highest number of favorable votes would win and amend the County Charter. The Montgomery County Office of the County Attorney seeks expressions of interest from lawyers interested in being appointed, pursuant to Montgomery County Charter Section 213, as special counsel to provide legal services to the newly formed Police Accountability Board (PAB) and Administrative Charging Committee (ACC) sitting in Montgomery . The County Executive shall submit to the Council, not later than March 15 of each year, comprehensive six-year programs for public services and fiscal policy. Briefs filed in cases of general interest will be posted on this site -- all Court of Appeals briefs, amicus curiae briefs, and other significant issues. The powers relating to zoning, planning or subdividing shall be exercised as prescribed by law. Section 107. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS, CHAPTER 60. Co. Charter. All fiscal documents required by this Charter shall be public record, and copies shall be made available to the public. An appointee to fill a vacancy, when succeeding a party member, shall be a member of the same political party as the person elected to such office at the time of election. No member of the Council, the County Executive, or any officer or employee of the County shall detail or cause any officer or employee of the County to do or perform any service or work outside of the officer's or employee's public office or employment. Copyright 2023. RENTAL ASSISTANCE - REGULATIONS, CHAPTER 42A. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS, CHAPTER 31. The Council shall prescribe by law for competitive procurement for purchases by or contracts with the County in excess of an amount or amounts established by law. amend Section 213 of the Charter regarding removal of the County Attorney. Upon appeal, the Court may make de novo determinations of fact. . Section 213 Montg. No member of the Council and no officer or employee of the County whose salary is fixed, in whole or in part, by this Charter, the laws of the County, or its personnel regulations, shall be entitled, directly or indirectly, to any other salary, expenses, or compensation from the County for performance of public duties except expenses for travel and subsistence incident to the performance of official duties as prescribed by law. The Montgomery County Council can propose changes to the Montgomery County Charter. The County Attorney shall be the chief legal officer of the County, conduct all the law business of the County, be a legal advisor to the Council, and be the legal advisor to the County Executive, all departments, and other instrumentalities of the County Government. LANDLORD-TENANT RELATIONS - REGULATIONS, CHAPTER 30. Compensation. FOREST CONSERVATION - TREES - REGULATIONS, CHAPTER 24. PERSONNEL AND HUMAN RESOURCES - REGULATIONS, CHAPTER 38A. Thedeadline to sign up to speak is July 25 at 5:00 p.m. Council Districts. Prior to January 1, the Council may make a supplemental appropriation only in order to comply with, avail the County of, or put into effect the provisions of federal, state or local legislation or regulations. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS, CHAPTER 27. Under current law, only the County Executive may remove the County Attorney. All Rights Reserved. All capital improvement projects which are estimated to cost in excess of an amount to be established by law or which the County Council determines to possess unusual characteristics or to be of sufficient public importance shall be individually authorized by law; provided however, that any project declared by the County Council to be of an emergency nature necessary for the protection of the public health or safety shall not be subject to this requirement if the project is approved by the affirmative vote of six Councilmembers. 368, 463 A.2d 285 (1983); holding Section 311A cannot be given effect under circumstances involving an order of the Secretary of Health and Mental Hygiene and requirement of local funding under public general law. No change in the compensation of members of the Council shall become effective during the term of office of the Council enacting the change. The resolution would place on the 2022 General Election Ballot Question A regarding whether to amend Section 507 of the County Charter regarding what happens if, during an election, voters approve two different Charter amendments that conflict with each other and cannot both take effect. The procedure for disapproval or reduction of a supplemental appropriation by the County Executive shall be the same as in the case of the budget. The Council shall enact legislation only after public hearing upon reasonable notice. The Council may, not later than June 30 of that year, reapprove any item over the disapproval or reduction of the County Executive by the affirmative vote of six members, except that the affirmative vote of five members shall be required in the case of the budgets of the Council, the Fire and Rescue Commission, the Fire Departments and Rescue Squads, the Housing Opportunities Commission and Montgomery College. The Council shall provide by law for the investigation and resolution of formal grievances filed under the merit system and any additional duties or responsibilities of the Board. Sec. "Amend Section 213 of the County Charter to require the consent of both the County Executive and the County Council in order to remove the County Attorney. Special Taxing Area Laws. The Council shall elect, from among its members, a president of the Council, who shall preside over meetings of the Council. The Council shall make a supplemental appropriation only after public hearing on at least one week notice. County Web Accessibility information including Alternative Format Requests for Disabled Users are provided on this page. Section 112. Special Taxing Area Laws. For Immediate Release: Friday, July 15, 2022. FIRE SAFETY CODE - REGULATIONS, CHAPTER 22A. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS, CHAPTER 15. The reports shall contain recommendations concerning proposed Charter amendments, if any. Montgomery County Charter, 213 (emphasis added). The Council shall by law establish the process and criteria for adopting spending affordability guidelines. Save my name, email, and website in this browser for the next time I comment. PDF documents are not translated. Commission reports shall be submitted not later than May 1 of every even-numbered year. This website uses cookies to improve your experience. . No person whose salary or expenses are paid in whole or in part from County funds shall invite, accept, offer, give or promise to give any money or any valuable thing in consideration of appointment or employment by the County. The County Executive shall provide such other information relating to these programs as may be prescribed by law. Title. LANDLORD-TENANT RELATIONS - REGULATIONS, CHAPTER 30. Any legislation which has been neither approved nor disapproved by the County Executive shall become law on the fourteenth day after enactment. Unless approved by an affirmative vote of seven Councilmembers, the Council shall not levy an ad valorem tax on real property to finance the budgets that will produce total revenue that exceeds the total revenue produced by the tax on real property in the preceding fiscal year plus a percentage of the previous year's real property tax revenues that equals any increase in the Consumer Price Index as computed under this section. Government Operations & Fiscal Policy (GO), Office of Zoning & Administrative Hearings (OZAH), Email Council President and all Councilmembers, Charter Review Commission in its 2022 Report, https://www.montgomerycountymd.gov/council/calendar.html, http://www.montgomerycountymd.gov/COUNCIL/ondemand/index.html. Any law which repeals the designation of a position (including the head of a department, principal office, or agency) as a non-merit position requires the affirmative vote of five Councilmembers for enactment. No indebtedness for a term of more than one year shall be incurred by the County to meet current operating expenses. The Council shall prescribe by law the compensation for its members. Such unappropriated surplus may be used to fund any supplemental or emergency appropriations. Appointment shall be made so that not more than two members of the Board shall be members of the same political party. If approved, the Resolution would place on the 2022 General Election Ballot Question B. When a referendum petition has been filed, the legislation to be referred shall not take effect until thirty days after its approval by a majority of the registered voters of the County voting thereon. The County Attorney shall represent the County in all actions in which the County is a party. It would also allow the Council to remove the County Attorney with the Executives consent. Under the proposed Charter amendment, only the amendment with the highest number of favorable votes would win and amend the County Charter. Upon approval of the budget, it shall be delivered within three days to the County Executive who within ten days thereafter may disapprove or reduce any item contained in it. The charges against the employee shall be stated in writing, in such form as the Board shall require. NEW HOME WARRANTY AND BUILDER LICENSING - REGULATIONS, CHAPTER 33. Montgomery County Council Votes to Approve $6.7 Billion Former MoCo Bank Employee Sentenced to Three Years in Federal Prison After Accepting Cash Bribes to Open Accounts From Co-Conspirators Engaging in Fraud, Governor Moore Proclaims National Gun Violence Awareness Day in Maryland, One Case of Measles Confirmed in Montgomery County; Health Officials Urge Individuals Who May Have Been Exposed to Monitor for Symptoms (Press Release), Gay Mens Chorus of Washington D.C. to Perform at Montgomery Mall on Saturday, June 3. Home WARRANTY AND BUILDER LICENSING - REGULATIONS, CHAPTER 60 changes to the Montgomery County Charter to the. Filed also will appear here required by this Charter shall be members of the County Attorney - removal.. The consent Council, who shall preside over meetings of the Board shall require if any skip Section selection.... Friday, July 15, 2022 consent to the public Charter amendment, the! 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