Plain Text Law

Sec. 1A-109. Delegation of Authority; Sub-delegation.

Montgomery County, Md., Code § 1A-109 (2026)

Sec. 1A-109. Delegation of Authority; Sub-delegation.Copy Citation

(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.