(a) Contents of Article. This Article contains the provisions of County law that relate to specific elected or appointed officials. (b) List of elected officials. (1) Councilmembers. (2) County Executive. (c) List of appointed officials. (1) Chief Administrative Officer. (2) County Attorney. (3) Heads of departments and principal offices. (4) Executive Director of the Office of the County Council (optional). (5) Any person holding any other position in the Executive Branch designated by law as a non-merit position. (d) In this Chapter, position in the Executive Branch designated by law as a non-merit position does not include any: (1) special assistant to the County Executive; (2) member of a board or commission; or (3) officer authorized by law to be appointed to serve in a quasi-judicial capacity.

(a) Chief Administrative Officer, County Attorney, heads of departments and principal offices, and other non-merit positions in the Executive Branch. (1) The County Executive may appoint a new Chief Administrative Officer, County Attorney, head of a department or principal office, or other position in the Executive Branch designated by law as a non-merit position at any time. (A) If the Council confirms a new Chief Administrative Officer, head of a department or principal office, or person to any other position in the Executive Branch designated by law as a non-merit position, the new official automatically assumes the position from anyone who holds that position on an acting or permanent basis. (B) The County Attorney has the right to have a public hearing before the Council prior to being dismissed by the County Executive. After this right has been satisfied, if the Council confirms a new County Attorney, the new County Attorney automatically assumes the position from anyone who holds that position on an acting or permanent basis. (2) (A) If the position of Chief Administrative Officer, head of a department or principal office, or any other position in the Executive Branch designated by law as a non-merit position, is vacant, the County Executive must appoint someone to fill the vacancy. (B) The County Executive should submit the appointment to the Council within 90 days after the vacancy occurs. (3) (A) Within 60 days, the Council should vote on confirmation of an appointment. (B) The affirmative votes of a majority of councilmembers in office are necessary to confirm an appointment. (4) If the Council votes on an appointment, does not confirm it, and does not reconsider the vote, the County Executive must make a new appointment. The County Executive should make the new appointment within 90 days after the deadline for reconsidering the vote. (5) If the Council does not act on confirmation of an appointment within 60 days, the Council may no longer vote on that appointment. Within 90 days after the end of the sixty-day period, the County Executive should either: (A) resubmit the appointment; or (B) submit a new appointment. (6) The Executive must disclose to the Council: (A) any proposed employment contract with a person appointed to a non-merit position subject to confirmation by the Council at the time of appointment; and (B) any current employment contract with an employee serving in a non-merit position subject to confirmation by the Council. (b) County Health Officer. (1) A person is automatically nominated to the Secretary of Maryland Department of Health to serve as County Health Officer under State law if the County Executive and the County Council appoint and confirm the person as the County Health Officer. (2) If the Secretary rejects the nominee for the position of County Health Officer, the County Executive and the County Council must appoint and confirm a new person to be the County's nominee for the position. (c) County Mental Health Director. The Director of the Department of Health and Human Services serves as the County Mental Health Director under State law. (d) Executive Director of the Office of the County Council. (1) There is a position of Executive Director of the Office of the County Council. The Council may appoint someone to fill this position. (2) The Executive Director of the Office of the County Council must be a professionally qualified administrator. (3) The Executive Director of the Office of the County Council is not a merit system employee. (4) An appointment must be by a majority vote of councilmembers in office. Sec. 4. The Council intends to seek State enabling legislation to permit incorporation of the Department of Health and Department of Social Services in the Department of Health and Human Services as part of the reorganization of County health and human services. Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”

(a) Direction by the County Executive. The Chief Administrative Officer performs the duties of the office subject to the direction of the County Executive. (b) List of duties. The duties of the Chief Administrative Officer are to: (1) Advise the County Executive on all administrative matters; (2) Administer the centralized purchasing system of the County; (3) Administer the merit system of the County; (4) Supervise the departments, offices, and agencies of the Executive Branch; and (5) Perform other tasks that the County Executive assigns.

(a) Names. The head of a department or principal office is called the Director of the department or principal office, except that: (1) the Director of Police is also called the Chief of Police; (2) the Director of the Montgomery County Fire and Rescue Service is also called the Fire Chief; and (3) the Director of the Office of the County Attorney is called the County Attorney. (b) Qualifications. (1) Each head of a department or principal office should be professionally qualified. (2) A person holding any other position in the Executive Branch designated by law as a non-merit position must be professionally qualified for the position under a position description established by regulation under method (1). (c) Status. Heads of departments and principal offices, and holders of any other position in the Executive Branch designated by law as a non-merit position, are County employees but are not merit system employees. (d) Special reinstatement rule. A person who was a merit system employee of the Police Department when appointed as an Assistant Chief of Police may return to the merit system in the Department at the same rank that the person last held in the merit system. The person must elect to return to the merit system within 10 days after leaving the Assistant Chief position, by notifying the Chief Administrative Officer in writing. If the previous rank was abolished, the person must be assigned to the closest equivalent rank, and must receive the salary and benefits that would apply if the person had remained in the merit system at the previous rank and the rank still existed. (e) Salaries. The Executive must design a compensation system to attract and retain highly competent senior leaders as heads of departments and principal offices, and other non-merit employees in the Executive Branch. Each of these employees must be paid a salary within a salary schedule proposed by the Executive and approved by the Council in the Operating Budget of the Montgomery County Government. The salary schedule may contain a provision permitting the Executive to exceed the salary schedule established for a position for an individual employee, subject to Council approval, if the Executive finds that it is necessary to attract or retain a senior leader for a specific position. The Council must establish a salary schedule for non-merit positions in the Legislative Branch as part of the Operating Budget of the Montgomery County Government. (f) Severance pay. The Executive or a Councilmember must not authorize any payment of money or paid administrative leave to a non-merit employee in the Executive Branch or in the Legislative Branch upon separation from County employment unless the payment is expressly authorized by law. The Executive or a Councilmember must not enter into an employment agreement with a non-merit employee that provides for any type of severance pay for an employee who is terminated with or without cause. This subsection must not be interpreted to prohibit: (1) the payout of unused leave at termination of employment; (2) a discontinued retirement pension authorized under Section 33-45(d) or Section 33-45(e); or (3) severance pay under Sections 33-139 and 33-140. Sec. 2. The Chief Administrative Officer must abolish the following occupational classes on the date that the County Council confirms the third Assistant Chief of Police: (a) police lieutenant colonel; and (b) police major. Until the classes are abolished, the Chief of Police must not appoint any other person to a position in these classes. Sec. 3. An employee of the Department of Police must not represent the Department or the County as an attorney in any administrative, quasi-judicial, or judicial proceeding.

(a) Scope. This Section applies to acting: (1) County Executives; (2) Chief Administrative Officers; (3) heads of departments and principal offices; (4) holders of any other position in the Executive Branch designated by law as a non-merit position; and (5) Executive Directors of the Office of the County Council. (b) Powers. Acting officials have all of the powers of permanent officials except that: (1) Those powers may be limited by law, or by the terms of an appointment during a temporary absence or disability; and (2) An acting Chief Administrative Officer becomes acting County Executive only if the County Executive authorizes that succession. (c) Application of merit system laws. If the merit system laws applied to an employee before that employee became an acting official: (1) The limitations in the merit system laws on how long an employee may serve as an acting official continue to apply; and (2) The status of the employee in the merit system does not change. (d) Acting County Executive. (1) List of Successors. (A) The County Executive should maintain a list of successors naming employees of the Executive Branch who may serve as acting County Executive. The list should contain at least 2 names and must describe the order of succession. (B) In order to be effective, the County Executive must file these names with the Council and publish them in the Montgomery County Register as soon as reasonably possible. (2) Vacancy. (A) There is a vacancy in the position of County Executive if the County Executive: (i) dies; (ii) resigns; (iii) becomes disqualified under Section 203 of the Charter or State law; or (iv) is removed under Section 206 of the Charter or State law. (B) If there is a vacancy in the position of County Executive, the Chief Administrative Officer is acting County Executive. (C) If the Chief Administrative Officer is unavailable, the acting County Executive is the person designated by the list of successors. (3) Temporary absence or disability. (A) The County Executive may name in writing someone in the Executive Branch who is the acting County Executive while the County Executive is temporarily absent or disabled. (B) If the County Executive has not named someone in writing, the acting County Executive is the person designated by the list of successors. (C) If all designated successors are unavailable, the Chief Administrative Officer is the acting County Executive. (e) Acting Chief Administrative Officer, heads of departments and principal offices, and other non-merit positions in the Executive Branch. (1) The County Executive may name an acting Chief Administrative Officer, head of a department or principal office, or any other position in the Executive Branch designated by law as a non-merit position, if: (A) a position is vacant; or (B) the incumbent is temporarily absent or disabled. (2) The Chief Administrative Officer, heads of departments and principal offices may name their own acting successors who will serve if: (A) the County Executive has not named someone; and (B) the incumbent is temporarily absent or disabled. (3) The head of the department or principal office names the acting successor for any department or office employee holding a position designated by law as a non-merit position if: (A) the County Executive has not named someone; and (B) the incumbent is temporarily absent or disabled. (4) Except as provided for in paragraph (e)(5), if a department or principal office does not have a permanent or acting Director, the Chief Administrative Officer directly supervises the Department or principal office. (5) The following limitations apply to acting Directors. (A) An acting Chief Administrative Officer, acting head of a department or principal office, and an acting holder of any other position in the Executive Branch designated by law as a non-merit position, must be a County employee when named. (B) An acting Director of the Department of Finance must be an employee of the Department. (C) An acting County Attorney must be licensed to practice law in Maryland. (f) Executive Director of the Office of the County Council. (1) If the position of Executive Director of the Office of the County Council is vacant, the Council may appoint an acting Executive Director. (2) (A) If the Executive Director of the Office of the County Council becomes temporarily absent or disabled, the Council may appoint an acting Executive Director. (B) If the Council does not appoint an acting Executive Director of the Office of the County Council under this paragraph, the Executive Director may appoint an acting Executive Director. (3) An acting Executive Director of the Office of the County Council, who is not a merit system employee, must be a professionally qualified administrator. (g) Time limit. No one may serve as an acting official for more than 6 months in any one- year period unless a majority of councilmembers in office votes to extend the limit and the Merit System Protection Board grants any other approval required by the merit system laws. This time limit does not apply to an acting County Executive. (h) Removal. (1) The County Executive may remove an acting official in the Executive Branch at any time. (2) The Council may remove an acting Executive Director of the Office of the County Council at any time.

(a) Salary of County Executive. Except as provided in subsection (c), the County Executive must receive an annual salary of $190,000 beginning on December 1, 2014. (b) Salary of Councilmembers. (1) Except as provided in paragraph (2) and subsection (c), a Councilmember must receive an annual salary of: (A) $113,310 beginning on December 1, 2014; (B) $120,675 beginning on December 7, 2015; (C) $128,519 beginning on December 5, 2016; and (D) $136,258 beginning on December 4, 2017. (2) The Council President must receive an additional amount equal to 10% of the salary of other Councilmembers. (c) Annual adjustments. (1) Beginning on December 3, 2018, the salaries of the Councilmembers must be adjusted annually on the first Monday in December by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year. (2) Beginning on December 7, 2015, the salary of the County Executive must be adjusted annually on the first Monday in December by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year. (d) Additional compensation. (1) County Executive. The County Executive's authority to accept additional compensation is limited by Sections 203 and 407 of the Charter. (2) Councilmembers. Councilmembers must not receive additional compensation for performing their duties to the county. The duties of a councilmember include service on any board, agency, authority, or commission if the Council appoints or confirms the councilmember.

As provided in County Charter Section 203, and consistent with Maryland Code Art. 24, Section 1-108, the County Executive must have been a resident of the County for one year before the Executive is elected or appointed.

The annual salary of each member of the Planning Board, other than the member designated as the full-time member under Division II of the Land Use Article of the Maryland Code Section 15-107, is $24,400, in addition to any salary the member receives under Section 15-108 as a member of the Maryland-National Capital Park and Planning Commission.

(a) An officer or employee may delegate authority to perform a function to a designated officer or employee or the person who holds a specific position if: (1) the officer or employee has been vested with authority to perform the function; and (2) another law does not prohibit delegation of the function. (b) The officer or employee delegating authority to perform a function may impose limits, terms, and conditions on the delegation of authority. (c) The officer or employee delegating authority remains responsible for the performance of the delegated function. (d) A delegation of authority does not divest the officer or employee who delegates authority of the authority to perform the function. (e) The officer or employee who delegates authority to perform a function may revoke the delegation at any time. Authority to perform a delegated authority remains valid until revoked. (f) A delegation of authority to perform a function must be in writing. (g) The official or employee delegating authority to perform a function and the officer or employee who has been designated to perform a delegated function should retain a copy of the delegation. (h) An officer or employee who has been designated to perform a delegated function may delegate authority to perform the function to an officer or employee or a person who holds a specific position unless the delegation of authority to perform the function under which the official or employee is acting prohibits sub-delegation. (i) This section does not apply to members of any board, committee, or commission. (j) Section 1A-105 exclusively governs the appointment of an acting: (1) County Executive; (2) Chief Administrative Officer; (3) head of a department or principal office; (4) holder of any other position in the Executive Branch designated by law as a non- merit position; and (5) Executive Director of the Office of the County Council.

(a) Executive Branch. (1) These are the departments and principal offices of the Executive Branch. County Executive (Charter, § 201 et seq.) Chief Administrative Officer (Charter, § 210 et seq.) Consumer Protection (Section 11-2) Correction and Rehabilitation (Section 2-28) County Attorney (Charter § 213) Environmental Protection (Section 2-29) Finance (Charter § 214; Section 20-38 et seq.) Fire and Rescue Service (Section 2-39A) General Services (Section 2-30) Health and Human Services (Section 2-42A) Housing and Community Affairs (Section 2-27 et seq.) Human Resources (Section 2-64I; ch. 33) Intergovernmental Relations (Section 2-64J) Liquor Control Management and Budget (Section 2-64K) Permitting Services (Section 2-42B) Police (Section 2-43; ch. 35) Procurement (Section 2-64N) Public Information Public Libraries (Section 2-45 et seq.) Racial Equity and Social Justice (Section 2-64A) Recreation (Section 2-58) Technology and Enterprise Business Solutions (Section 2-58D) Transportation (Section 2-55 et seq.) (2) The County Executive must determine whether the entity is a department or a principal office. (A) Entities that directly serve the public are departments; and (B) Entities that provide internal support to other parts of County government are principal offices. (b) Legislative Branch. There are no departments or principal offices in the Legislative Branch. Transition. Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement. Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection. Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection. Sec. 4. The Council intends to seek State enabling legislation to permit incorporation of the Department of Health and Department of Social Services in the Department of Health and Human Services as part of the reorganization of County health and human services. Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”

(a) Each department and principal office is under the immediate direction of the head of the department or principal offices including any department or office employee holding a position in the Executive Branch designated by law as a non-merit position. (b) Departments and principal offices are also subject to the general supervision of the County Executive and the Chief Administrative Officer. (c) Heads of departments and principal offices appoint the merit system employees of the departments and principal offices.

(a) Executive Branch. These are the offices of the Executive Branch that are not part of a department or principal office: Office of Agriculture (section 2B-1A) Office of Animal Services (section 2-58C) Office of the Commission for Women (section 27-28 et seq.) Office of Community Use of Public Facilities (section 2-64M) Office of Emergency Management and Homeland Security (section 2-64O) Office of Food Systems Resilience (section 2-64Q) Office of Grants Management (Section 2-64P) Office of Human Rights (section 27-4) (b) Legislative Branch. These are the offices of the Legislative Branch: Office of the County Council (Charter section 101 et seq.) Office of the Inspector General Office of Legislative Oversight (section 29A-5) Office of the People's Counsel Office of Zoning and Administrative Hearings (c) Internal offices. For purposes of organization, there may also be offices within departments and principal offices. This article does not apply to them. (a) that employee retains all merit system rights; and (b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.

(a) Executive Branch. Each office established under Section 1A-203(a) is under the supervision of an Executive Director who is appointed by the Chief Administrative Officer. Each Executive Director is a merit system employee. (b) Legislative Branch. (1) Office of the County Council. (A) The Council appoints the Executive Director of the Office of the County Council as provided for in Section 1A-102(d), and may give direction to members of the Council's staff. In the absence of direction from the Council, officers of the Council may give directions to the Council's staff. (B) Except for the Clerk of the Council, the Executive Director of the Office of the County Council or another person designated by the Council appoints and supervises all merit system employees of the Office. (C) Under the merit system laws, the County Council appoints and removes the Clerk of the Council by a resolution approved by a majority of all councilmembers in office. The Executive Director of the Office of the County Council supervises the Clerk on all matters. (2) Office of Legislative Oversight. (A) A majority of councilmembers in office appoints the Director of the Office of Legislative Oversight. (B) The Director is not a merit system employee. (C) Beginning on January 1, 1988, the term of the Director is 4 years. There is no limit to the number of terms that a Director may serve. If the County Council has not appointed a successor when a Director's term expires, the Director continues to serve until an appointed successor assumes office. The successor serves for the unexpired part of the term. (D) The County Council may dismiss the Director for good cause before the end of the Director's term. Before doing so, the Council must tell the Director the Council's reasons for the dismissal. If the Director requests a hearing, the Council must hold one and then issue a written decision to the Director. (E) The Director appoints and supervises all merit system employees of the Office. The Office and the employees operate independently of the Council's staff. (3) Office of the People's Counsel. (A) The County Council may employ, as a term merit system employee, a People’s Counsel. The Council may, by a resolution adopted by an affirmative vote of 6 Councilmembers, remove a People’s Counsel during the Counsel’s term for good cause. Alternatively, the County Council may retain as an independent contractor one or more attorneys, along with support staff, consultants, and expert witnesses, to provide the services of the People's Counsel under Section 2-150. The contract may be canceled at any time by a resolution adopted by an affirmative vote of 6 Councilmembers. (B) Any attorney employed or retained as the People's Counsel must: (i) be a member of the bar of the Court of Appeals of Maryland; (ii) have at least 5 years experience in the practice or teaching of law; and (iii) have substantial experience with land use legal issues and procedures. (C) Any attorney employed or retained as the People’s Counsel must not represent any client, other than as People’s Counsel, in any matter involving land use in Montgomery or Prince George’s County. (D) Any attorney employed or retained as the People’s Counsel must not, within one year after the attorney’s service as People’s Counsel ends, represent any party in any proceeding involving land use in the County. (4) Office of Zoning and Administrative Hearings. (A) The County Council, by a majority vote of Councilmembers in office, may appoint one or more hearing examiners of the Office of Zoning and Administrative Hearings, and designate a hearing examiner or the Executive Director of the Office of the County Council as Director of the Office. (B) The County Council also may retain one or more hearing examiners as independent contractors, and may designate a contract hearing examiner as chief hearing examiner. Chapter 11B does not apply to any contract for hearing examiner services. (C) The hearing examiners are not merit system employees. (D) The Director must appoint and supervise the merit system employees of the Office. (a) that employee retains all merit system rights; and (b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.