The County Executive, subject to confirmation by the County Council, must recommend to the Mayor of the District of Columbia one or more persons to serve as members of the Board of Directors of the District of Columbia Water and Sewer Authority, or any successor or substitute body appointed by the Mayor, and one or more other persons to serve as alternate members of that Board. If any other body is created by federal, state, or District of Columbia law to perform any function related to the Blue Plains Wastewater Treatment Plant, any successor facility, or any other part of the metropolitan area water and sewer system in which the County participates, the Executive, subject to confirmation by the Council, must appoint all representatives or members to which the County is entitled. The persons recommended or appointed may, but need not, be officers or employees of the County.

(a) Generally. The planning implementation purposes of the Office of the County Executive are to: (1) Implement the land use planning powers granted to the County Executive by State and County legislation; (2) Coordinate and facilitate the development of executive branch planning policies, thereby ensuring consistency and responsiveness; and (3) Promote an understanding of executive planning policies by County residents and other County public officials. (b) Duties. The Office of the County Executive has the following planning implementation functions: (1) Recommend planning policies to the County Executive; (2) Develop and implement procedures for participation by the executive branch in the preparation of master plan amendments, and for reviewing, analyzing and commenting on draft master plan amendments before these amendments are transmitted to the County Council; (3) (A) Review and make recommendations to the County Executive on amendments to the zoning ordinance and subdivision regulations; (B) Recommend approval or disapproval of subdivision regulation amendments after Council action; (4) (A) Review the Planning Board's draft growth policy and recommend revisions to the Executive; (B) Coordinate the use of information in this draft with the formulation of capital improvements program recommendations; (C) Draft comments on the Planning Board's proposed growth policy for submission to the County Council; (5) Recommend criteria for adequacy of public facilities, and coordinate Executive recommendations to the Planning Board on whether public facilities are adequate for each preliminary subdivision plan considered by the Board; (6) Provide leadership and staff support to the planning policies committee; (7) Facilitate interagency analysis of planning policy issues and documents, and ensure that the perspectives of all executive branch agencies are considered in the formulation of planning policies; (8) Ensure that executive branch planning policies incorporate community views; (9) Facilitate communication with the Planning Board, the Council, and the municipalities on planning policies; and (10) Such other planning policy functions and responsibilities as the County Executive directs. (c) Coordination of master-planned development. The Executive must designate an employee in the Office of the Executive or the Office of the Chief Administrative Officer as the development coordinator for each planning area for which a newly revised master or sector plan has authorized intensive new development or redevelopment. Among other duties, the Coordinator must: (1) coordinate the financing and development of County infrastructure in that planning area; (2) advise the Executive, the Council, the Chief administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to expedite the financing and development of County infrastructure in that planning area; (3) serve as primary point of contact regarding the financing and development of County infrastructure and associated State and private infrastructure for residents and businesses located or potentially located in or near that planning area and the developer of any development located in that planning area; (4) acquire and distribute mode share measurements (and related data and methodology) and results for monitoring of a master or sector plan, and make that information publicly available; and (5) advise the Executive and Council about any other action needed to assure that all required infrastructure keeps pace with private development in that planning area.

The Office of Internal Audit is part of the Office of the County Executive. The Office of Internal Audit must conduct its work in accordance with professional standards relevant to internal audit. (a) Duties. The Office must: (1) must periodically conduct a risk analysis, to identify areas of risk in accountability systems; (2) based on the risk analysis, conduct fiscal, contract, compliance, internal control, performance, and information system audits, and attestation engagements; (3) undertake investigative audits and audits required by law; (4) provide advice to County departments and offices on internal control issues; (5) communicate actions necessary to enhance accountability; and (6) conduct other investigations and audits as directed by the Chief Administrative Officer. (b) Annual work plan. The Office must create an annual workplan subject to the approval of the Chief Administrative Officer. The workplan must include the risk analyses and audits required under subsection (a). The Chief Administrative Officer must submit the annual work plan to the Council for review and comment on or before each June 1. (c) Annual report. The Office must submit a report to the Inspector General on or before each September 15. The report must include the Executive’s implementation of each written recommendation: (1) made by the Inspector General in the previous fiscal year; (2) made by the Office in the previous fiscal year; and (3) identified by the Office of Legislative Oversight for action by the Executive in the previous fiscal year.

(a) Definitions. As used in this Section: Team means the Business Advancement Team. Navigator means the Small Business Navigator designated by the Executive under subsection (c). Small business means a privately owned business that meets the requirements of Section 11B-65(a). (b) Establishment of Team. The Executive must create and administer a Business Advancement Team that includes a Small Business Navigator. The Team must be part of the Office of the County Executive. (c) Small Business Navigator. The Executive must designate an employee as the Small Business Navigator. Among other duties, the Navigator must: (1) advise the Executive, the Council, the Chief Administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to assist small businesses to comply with County requirements and regulations; (2) promote communications between a small business and each County department or agency that the small business must interact with; (3) develop and maintain a database of information necessary for a small business to comply with County requirements and regulations; (4) advise small businesses on how to comply with County requirements and regulations; and (5) identify changes to regulations and requirements that would improve turnaround, eliminate duplication, resolve conflicts in authority, and eliminate unnecessary regulations and requirements. (d) Additional duties for the Team. In addition to the duties of the Small Business Navigator described in subsection (c), the Team must: (1) provide constituent services for businesses operating in the County or planning to operate in the County, including: (A) communicating about new and revised County laws and regulations affecting County businesses; (B) outreach; (C) providing publications on County policies; (D) operating workshops and conferences; (E) convening targeted business events; (F) providing oversight and leadership on business programs including: (i) incubator management; (ii) economic development incentives and financing programs; (iii) business development projects; and (iv) other business-related special initiatives; (2) serve as a point of contact for County businesses seeking to comply with County requirements and regulations; and (3) assist County businesses to interact with other State, County, and local government agencies. (e) Reports. On or before September 15 of each year, the Executive must report to the Council on the activities and recommendations of the Team.

The Executive must designate an employee as the Director of County Climate Policy. Among other duties, the Director must: (a) advise the Executive, the Council, the Office of Sustainability in the Department of Environmental Protection, the Office of Energy and Sustainability in the Department of General Services, the Department of Transportation, and any other appropriate government agency, on the best means to achieve climate goals as defined by the Director; (b) promote coordination between the Office of Sustainability, the Office of Energy and Sustainability, the Department of Transportation, and the employee designated under Section 18A-10(a) to provide executive direction regarding energy policy and planning; (c) coordinate climate efforts with County agencies including the Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, Montgomery County Public Schools, and Montgomery Community College; (d) promote coordination of climate efforts between the County, County agencies, state and federal agencies, and appropriate non-governmental organizations; (e) coordinate the development of public awareness programs to encourage residents, businesses, and other groups to participate in the County’s climate goals, including the reduction of greenhouse gas emissions; and (f) recommend legislation to the County Executive and County Council necessary to achieve climate goals.

(a) The Office of Labor Relations is part of the Office of the County Executive. The Office is headed by the Chief Labor Relations Officer. (b) The Office must: (1) formulate and implement the County’s labor and employee relations policies; (2) serve as the employer’s representative in collective bargaining, including any impasse or interest arbitration; (3) serve as the employer’s representative in all matters before the Permanent Umpire and the Labor Relations Administrator, including prohibited practice charges; (4) advise employees, managers, and supervisors on labor and employee relations matters, including implementation of collective bargaining agreements and the personnel regulations; and (5) process grievances arising under a collective bargaining agreement or the personnel regulations. Sec. 4. Budgeting and Reduction-In-Force. The Office of Labor Relations is separate from the Office of the County Executive for purposes of budgeting and any reduction-in-force.

The following positions in the Office of the County Executive are non-merit positions: (a) 5 Directors of the Regional Services Centers; (b) Director, Office of Community Partnerships; (c) Director of Strategic Partnerships; (d) 4 Assistant Chief Administrative Officers; (e) 2 Special Projects Managers; and (f) Chief Labor Relations Officer. (a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights; and (2) 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. (b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights upon successful completion of the probationary period; and (2) 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) 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) Generally. The Department of Housing and Community Affairs has the following functions: (1) Affordable housing programs. (2) Community development programs. (A) Urban renewal and community development projects. (B) Relocation services for families and businesses displaced by governmental actions. (3) Housing standards enforcement, and related activities. (4) Landlord-tenant relations. (5) Common ownership community relations. (6) Other functions designated by law. (b) Non-merit position. The position of Deputy Director is a non-merit position. (a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights; and (2) 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. (b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights upon successful completion of the probationary period; and (2) 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. 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.

(a) Purpose. It is the purpose of this section to provide for: (1) A continuing review and analysis of the housing and development authorization process whereby the respective standards, codes, permitting procedures and other regulatory requirements associated with housing construction and rehabilitation and with commercial and industrial development may be identified; public health, safety, aesthetic, environmental and other social or economic benefits of such requirements estimated; and economic costs in time and dollars for regulation of various types of construction and development similarly estimated; (2) An assessment of the economic and fiscal impacts of all new and revised regulatory requirements proposed for application to the housing and development process; (3) A review by the County Executive of the relative benefits and costs associated with regulatory requirements identified and analyzed; (4) A continuing and systematic exchange of ideas, criticisms and recommendations for improvement in regulatory machinery between the County agencies involved in the regulation of construction and development and organizations representing the concerned parts of the private sector in the County; (5) Formulation of proposed improvements to the building permit and authorization process in order to decrease the time required for approvals; (6) In accord with the County's economic development policies, an ombudsman and facilitator function to serve new business considering location within the County as well as expediting individual permit applications; (7) Submittal by the County Executive of periodic and special reports on the foregoing to the County Council and the public; and (8) Assignment of appropriate organizational responsibilities to implement these objectives. (b) Cost-benefit analyses of regulatory requirements. (1) The County Executive shall establish procedures for analyzing and assessing the relative benefits and costs associated with major elements of the development authorization and regulatory processes as they apply to residential, commercial and industrial construction and development with attention to new construction and rehabilitation. Such elements shall include but not be limited to: a. Construction codes, especially those provisions that represent a more strict or stringent requirement than the relevant national code; b. Fire safety requirements; c. Road and street specifications for subdivision formation and site development; d. Housing and other occupancy codes, permits and requirements; and e. Sedimentation and soil erosion requirements. (2) In conducting these cost-benefit analyses, consideration must be given to the publications, views, and assessments of: a. The responsible County agencies, including the Departments of Fire and Rescue Services, Permitting Services, and Environmental Protection, Park and Planning Commission, and Soil Conservation District; b. Local, state and national safety and environmental standards, and similar organizations and groups, especially results of research and studies that quantify benefits to health, safety, aesthetic and other quality of life values; and c. Findings, assessments and views of the County's business community. (3) Based upon the foregoing reviews and analyses, the County Executive from time to time shall initiate such changes as would bring costs and benefits into the most advantageous and balanced relationship in light of environmental, health and safety and economic development objectives of the County. Subsequent to public notice and hearing, the County Executive shall initiate the appropriate changes through administrative action, excluding fire safety and construction codes; he shall submit proposed legislation to the County Council or initiate recommendations to any other state, federal or other bodies or agencies about appropriate legislative or administrative action. (c) Economic impact of proposed new regulatory requirements. (1) Upon receipt of any proposal for new or reduced requirements to be added to the development and authorization process, the County Executive must obtain from the Director of Housing and Community Affairs, or another nonregulatory organizational unit or official to whom the County Executive assigns the responsibility, an assessment of the impact of the proposed change in requirements on the County economy, including the extent of added or decreased time or cost to construction or development, the extent of likely pass-through costs or economies to consumers, and the effect on the economic development objectives of the County. (2) The County Executive shall balance the relative benefits and costs of the proposed change in requirements along with other relevant factors in arriving at a decision. Recommended legislation calling for new or reduced requirements shall be accompanied by cost-benefit analyses in its submittal to the County Council. (d) Simplifying and streamlining the development process. (1) The Director of Housing and Community Affairs must recommend ways to improve the development authorization process, including the possible conduct of certain phases of the process in parallel instead of in sequence, with the objective of reducing time and other costs imposed on housing and development. The Director must submit these proposals to the Departments of Environmental Protection, Permitting Services, and Fire and Rescue Services, the Park and Planning Commission, the County Executive, or other appropriate agencies for response. (2) The Director shall, in consultation with the above mentioned County agencies, issue, maintain and update a manual for use by the business community describing the steps in the development authorization process. This manual shall include the requirements associated with the subdivision review process as compiled by the Montgomery County Planning Board. (3) The Director shall convene conferences between the County business community and the County regulatory agencies for purposes of identifying problems and possible improvements in the development authorization process. (4) In order that County government agencies, municipal and state agencies, the business community and the general public be kept informed of current anticipated regulatory changes, the Director shall publish twice annually an agenda of scheduled reviews or revisions of existing or proposed new regulations associated with housing, industrial, commercial and community development. (5) The Director shall develop a system for tracking development proposals through the entire authorization process, including subdivision review, construction permitting and occupancy permitting and shall take, or recommend the taking of, appropriate steps to implement such a system. (e) Ombudsman and expediter functions. The County Executive must designate an organization unit or official with responsibility for serving as an ombudsman and expediter on behalf of builders, developers and other business enterprises with regard to the development authorization process. The designated ombudsman may be filled by a non-merit position in the Office of the County Executive. The ombudsman may perform such activities as: (1) Representing the County Executive in obtaining the cooperation of County, bi-County, and state agencies in expediting permit applications; (2) Expediting individual permit applications in accord with the County's economic development policies. This may include at the request of the applicant and as an initial step in the entire development process, the convening of representatives of all offices and departments of the County, public agencies, boards and commissions likely to require public takings, construction or extension of public facilities, dedications or easements, for the purpose of ascertaining the general scope and nature of such public requirements; (3) Conferring with agency liaison staffs and developers and builders to facilitate understanding of responsibilities and to eliminate processing obstacles. (f) Annual report. As part of the annual report of the Department of Housing and Community Affairs to the County Executive and County Council, the Department must describe activities conducted, accomplishments achieved, and difficulties encountered in carrying out the objectives of subsection (d) and such other tasks as may be assigned to the Department.

The department of correction and rehabilitation shall operate all programs pertaining to detention and rehabilitation of persons under the jurisdiction of the county government awaiting trial or having been convicted of a crime in violation of state, federal, county or other local laws.

The Department of Environmental Protection must: (a) protect, preserve, and enhance the environmental resources of the County, including environmental planning, design, and development of disposal sites and facilities for public sewerage; (b) develop programs and administer laws and regulations: (1) to promote energy conservation; and (2) to prevent or control air, water, and land pollution; (c) develop programs and administer laws and regulations necessary to protect the public health and environmental quality; (d) plan, design, develop, and manage solid waste facilities and programs, including collection, disposal, recycling, and waste reduction programs, and administer related licensing and regulatory programs and activities; and (e) perform other environmental protection functions as directed by the County Executive.

The position of Deputy Director in the Department of Environmental Protection is a non-merit position.

(a) Generally. The Department of General Services must: (1) acquire and dispose of real property, except real property used (or intended to be used) for right-of-way governed under Chapter 49, including roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkway systems; (2) design and build County buildings, including public parking facilities under Chapter 60; (3) maintain County vehicles, including heavy and light equipment and transit equipment; (4) remodel and renovate County buildings, except public parking facilities under Chapter 60, which remain open during the remodeling or renovation; (5) repair and maintain County buildings, except public parking facilities under Chapter 60; (6) manage County property and identify and acquire real property needed for the operation of County government; (7) plan and implement the use of space in County buildings; and (8) operate mail, printing, duplication, and archiving services. (b) Non-merit position. The position of Deputy Director is a non-merit position. (a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights; and (2) 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. (b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights upon successful completion of the probationary period; and (2) 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. 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. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Public Works and Transportation in connection with designing, building, and maintaining County facilities (except maintaining or renovating public parking facilities under Chapter 60, as provided for under Section 1 of this Act), maintaining County vehicles and equipment, acquiring and disposing of real property not associated with roads, bridges, and other related transportation facilities, and operating mail, printing, and duplication services, is transferred to the Department of General Services. Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues inn effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department 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. Sec. 4. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Economic Development in connection with the Small Business Reserve Program is transferred to the Department of General Services.

(a) Public-private partnership. The Montgomery County fire and rescue system is a public-private partnership, acting through the Montgomery County Fire and Rescue Service, with the advice of the Fire and Rescue Commission. (b) Department of County government. The Montgomery County Fire and Rescue Service is a department of County government under the County Charter. The Fire Chief is Director of the Department. The Department consists of a Division of Volunteer Services, a Division of Fire and Rescue Operations, and any other divisions necessary for effective management and administration of the Department. (c) Local Fire and Rescue Departments. The local fire and rescue departments and their volunteer members are an essential element of the Montgomery County Fire and Rescue Service because under Chapter 21 they furnish direct fire, rescue, and emergency medical services in conjunction with County employees in the Fire and Rescue Service. (d) Duties. The Montgomery County Fire and Rescue Service has the duties and responsibilities assigned in Chapter 21 and Chapter 22, in addition to any other duties assigned by law or by the County Executive.

The County Health Officer: (1) has the functions assigned by State law; and (2) must be a licensed physician.

(a) Generally. The Department is responsible for providing a single integrated system for the provision of health and human services with other public and private agencies that provide health and human services in the County. Department services are supportive services that provide the basic necessities, such as food, clothing, and shelter to people, and those services that directly serve and protect the health, mental health, economic well-being, and social functioning of individuals and families. The Department administers programs and provides services in the areas of: (1) individual and community health services; (2) public health services; and (3) human services to clients. (b) Non-merit positions. The Department has 5 senior level management positions that are non-merit positions. These positions consist of a chief of Public Health Services; a chief of Services to End and Prevent Homelessness; a chief of Aging and Disability Services; a chief of Behavioral Health and Crisis Services; and a chief of Children, Youth, and Family Services. The chief of Public Health Services also serves as the Deputy Health Officer. (c) Powers of the Department. The Department may: (1) administer contracts for services; (2) plan, develop and administer programs; (3) advise the Council and the County Executive; (4) collect data on the health status of County residents, including health disparities and inequities, and on the need for services and the effectiveness of programs; (5) collect fees; (6) enforce regulations; (7) engage in programs in cooperation with agencies of the State, the County, other political subdivisions and with private groups; (8) enter into agreements in order to carry out its duties. (9) provide information; (10) maintain vital and case records; (11) provide consultation; (12) provide services; (13) provide training; (14) operate laboratories; (15) conduct studies and investigations; (16) provide direct access to health care; (17) administer programs to reduce disparities in access to health care, preventive health services, and human services based on gender, race, ethnicity, and poverty; (18) provide health education and promotion programs; and (19) carry out any other functions that are necessary to achieve the purposes of this Section. (d) Duties of the Department. (1) The Department provides comprehensive health and human services planning and program evaluation. (2) The Department must carry out functions as authorized and directed by: (A) the County Executive, (B) the County Board of Health; and (C) State and County laws and regulations. (3) The Department provides staff support to: (A) the Commission on Children and Youth; (B) the Commission on Aging; (C) the Community Action Board; (D) the Commission on Child Care; (E) the Commission on People with Disabilities; (F) the Alcohol and Other Drug Addiction Advisory Council; (G) the Mental Health Advisory Committee; (H) the Commission on Juvenile Justice; (I) the Commission on Health; (J) the Board of Social Services; (K) the Adult Public Guardianship Review Board; (L) the Victim Services Advisory Board; (M) the Advisory Board for the Montgomery Cares Program; (N) the Early Childhood Coordinating Council; (O) the Interagency Commission on Homelessness; (P) the Commission on Veteran Affairs; and (Q) any program created to achieve health equity among County residents. (e) Fees of services. (1) The County Executive may set fees by regulation under method (3) for use of a service that the Department provides. (2) The fee must not exceed the cost of the service provided. (3) The Director may waive a fee if: (A) the Director decides the waiver would promote the purposes of this Section; and (B) the client cannot afford to pay the fee.

(a) Functions. The Department of Permitting Services is responsible for: (1) reviewing building plans and specifications, building permits, occupancy permits, and licensing facilities for compliance with fire prevention law. In exercising these functions, the Director of Permitting Services may consult with the Fire Chief in all matters involving the interpretation, application, or revision of fire prevention laws and codes. (2) code enforcement, inspection, and licenses (except where those functions are assigned by law to another department or agency), including: (A) administering, interpreting, and enforcing the zoning law and other land use laws and regulations; (B) administering, interpreting, and enforcing construction codes, and laws and regulations governing sediment control, stormwater management, floodplain management, special protection areas, and pond and excavation safety; (C) issuing building, electrical, fire alarm, fire protection system, mechanical, stormwater discharge, and on-site water supply and sewage disposal permits; (D) administering and enforcing agricultural preservation and historic resources laws and regulations; and (E) administering and enforcing the fire safety code, pursuant to § 22-6(d). (b) Advisory Committee. (1) The County Executive must appoint, subject to confirmation by the Council, an Advisory Committee for the Department. The Committee consists of 11 voting members and 6 ex-officio, non-voting members. Each voting member must be appointed for a 3-year term and serves until a successor is confirmed. The Executive must from time to time designate one voting member as chair and one as vice-chair. (2) Of the 11 voting members: (A) 5 must be members of the regional service center advisory boards, with one member from each center’s board; (B) 2 must be active members of civic organizations in the County; (C) 2 must be active members of environmental organizations in the County; and (D) 2 must be active in land development or related professions. (3) The ex-officio, non-voting members must be nominated respectively by the Director of Environmental Protection, the Director of Housing and Community Affairs, the Director of Transportation, the Fire Chief, the Planning Board, and the Washington Suburban Sanitary Commission. (4) The Committee must advise the Department on the performance of its functions and recommend to the Director, the Executive, and the Council any steps necessary to improve the Department’s performance. The Committee must meet at the call of the chair as often as required to perform its duties, but at least 4 times a year. Section 2-148(c) does not apply to ex-officio members. The Director must assign staff as the Committee needs to perform its duties. (a) Regulations. Any regulation in effect when this Act takes effect that implements a function transferred to the Department of Permitting Services or the Director of the Department of Permitting Services under Section 1 of this Act continues in effect, but any reference in any regulation to the Montgomery County Fire and Rescue Services or the Fire Chief from which the function was transferred must be treated as referring to the Department of Permitting Services and the Director of the Department of Permitting Services 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. (b) Responsibilities and rights. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Montgomery County Fire and Rescue Services or the Fire Chief in connection with a function, duty or authority transferred under Section 1 of this Act is transferred to the Department of Permitting Services and the Director of the Department of Permitting Services.

(a) The Department of Police includes the County police and the Office of County Security. The Department has the authority, functions and activities prescribed by law. (b) The Department has five non-merit positions: four Assistant Chief of Police (Sworn) positions and one Assistant Chief of Police (Civilian) position. (c) Any reference in this Code or in regulation or other document to “superintendent of police” or “superintendent” means “Executive Director of Police,” or “Chief of Police,” or “Executive Director”. 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.

The department of public libraries shall have the function of administering a county public library system with a central book depository, branches and stations, and bookmobile services for rural areas not adequately served by such branches and stations. Such branches and stations may be established and maintained in public schools and other public buildings in the county with the consent of the governmental authorities having jurisdiction over such buildings and in such other buildings as the council may provide.

There is a Montgomery County Library Board composed of 13 members appointed by the Executive from the county at large, including 1 member recommended by Montgomery College, subject to the confirmation of the Council. The supervisor of school libraries is an ex officio member of the board. A member is appointed for a term of 3 years. A member appointed to fill a vacancy before a term expires serves the rest of the unexpired term.

The library board shall have authority on its own motion, or on reference from the county executive, to inquire into matters affecting the county public library system including the acquisition and location of new library facilities, the adequacy of book collections, services to outlying districts and personnel needs of the department of libraries, and to make recommendations thereon to the county executive.

The library board is authorized to elect a chairman and other officers, to establish such committees of its members, and to adopt such bylaws for the conduct of its affairs as it deems advisable.

The members of the library board serve without compensation. The board meets as often as its members deem necessary.

The chief administrative officer is authorized to make available to the library board such services and facilities of the county government as may be necessary to carry out its functions.

The library board may designate, from among the residents of each area in which a branch library or station has been located, a local advisory committee of not less than 3 members, to consult with and make recommendations to the library board concerning local library needs. A local advisory committee may make recommendations to the county executive for filling vacancies on the library board and to the library board concerning the construction of new library buildings in the area which the committee represents. A member of a local advisory committee is appointed for a term of 3 years; in an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

(a) Under the direction of the county executive, the director of the department of public libraries is hereby authorized and directed to negotiate with properly authorized representatives of the governing bodies of all public libraries or subscription libraries existing in the county or the governing bodies of any incorporated municipality within the county which operates, owns or supports, in whole or in part, a public library as of the effective date of this article for the transfer to the county, upon such terms and conditions as may be agreed upon, of all book collections, equipment and other facilities or property including land and buildings which such governing bodies may desire to transfer into the county public library system. The director is directed, at the request of such governing body, to include among such terms and conditions the following: (1) Warranties to any such governing body that library facilities at least equivalent in value to the facilities and property transferred into the county system by any governing body will be made available by the county in the form of library facilities and services to the particular area represented by such governing body, and (2) Provisions that any such governing body holding in trust cash, securities or any other evidences of indebtedness or unimproved real property acquired from proceeds of taxes levied for a library special taxing area may retain such cash, evidences of indebtedness and property for use in making available, at such times as there has been placed in operation a library building adequate to serve the council district in which located, such additional library facilities as such governing body in its discretion determines to be suitable and as may be approved by the director. (b) After the terms and conditions of transfer of any such facilities and property have been agreed upon, the county executive is hereby authorized to accept, on behalf of the county, the transfer of such facilities and property to the county effective on the first day of July next following. The conveyance of title to the county of any property pursuant to the provisions of this article shall be evidenced by a written contract or agreement approved by the county attorney.

(a) If the governing body of any municipality in the County which supports or operates a free public library on December 31, 1997 does not transfer that library into the County system, the Director of Finance must pay annually to the governing body of that municipality for library purposes, as soon after the beginning of each fiscal year as possible: (1) an amount which would be realized if that portion of the general County ad valorem tax rate on real and personal property attributable to the appropriation for the Department of Public Libraries for that fiscal year were levied against the assessed value, on the preceding County date of finality, of the real and personal property in that municipality; or (2) a lower amount approved in the annual operating budget or a Council resolution. For the purposes of this subsection, the amount of the appropriation for the Department of Public Libraries in any fiscal year includes the estimated amount of the payment to that municipality in that fiscal year. The amount of payment to any municipality must not exceed in any given fiscal year the amount of revenue derived from taxes levied by that municipality for library purposes for the preceding fiscal year. (b) If the governing body of a library supported by a municipality indicates a desire to transfer all or part of the library facilities owned by it into the County public library system, the Director of Public Libraries must negotiate for that transfer as provided in this Article.

The director, with the approval of the library board, shall have authority to adopt such administrative rules, including provision for library fines, as may be necessary for the conduct of the central book depository and the several branches, stations and bookmobiles.

The Department of Transportation must: (a) furnish information and make recommendations to the Planning Board regarding the feasibility of implementing transportation aspects of master plans; (b) coordinate and cooperate with other bodies and agencies regarding transportation; (c) develop programs to implement transportation elements of the County general plan and area master plans; (d) control, supervise, engineer, design, construct, operate, and maintain roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkways, and related facilities benefitting the County, including services relating to street cleaning, trees, plantings, and leaf collection; (e) perform all public transportation engineering and operational functions, including: (1) mass transit; (2) bus service; (3) taxicabs; (4) commuter rail service; (5) limousine service; (6) airparks, landing fields, and related functions; and (7) transportation demand management, including: (A) programs; (B) approval, management, or amendment of new and existing: (i) traffic mitigation agreements; (ii) transportation demand management plans; and (iii) other plans related to transportation demand management required under Chapter 50 or Chapter 59; (f) review and approve transportation elements of development plans, including storm drainage and paving plans; grade establishment plans; utility plans; pre-preliminary, preliminary and site plans; and construction permits for any work in public space; (g) acquire and dispose of real property used (or intended to be used) for roads, streets, highways, bridges, culverts, storm drainage systems, and related facilities; and (h) operate and maintain public parking facilities under Chapter 60; enforce parking regulations; manage the parking enterprise fund under Chapter 60, and remodel, restore, and renovate public parking facilities under Chapter 60 that will remain open during the work. Sec. 3. Any responsibility or right granted by law, ordinance, regulation, contract, or other document to the Department of Transportation or to the Department of Facilities and Services is transferred to the Department of Public Works and Transportation. Sec. 4. Any regulation in effect on the effective date of this Act that implements a function transferred to the Department of Public Works and Transportation Section 1 of this Act continues in effect, but any reference in any regulations to the Department of Transportation or to the Department of Facilities and Services must be treated as referring to the Department of Public Works and Transportation. The transfer of a function under this Act does not affect the rights of a party to any legal proceeding begun before this Act took effect. Sec. 5. All duties and authority involving solid waste assigned by the County's Comprehensive Solid Waste Management Plan to the Department of Environmental Protection and to the Director of that Department are reassigned to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively. Any reference in that Plan to the Department of Environmental Protection and to the Director of that Department must be treated as referring to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively."

The following positions in the Department of Transportation are non-merit positions: (a) Deputy Director of Operations; (b) Transportation Policy Officer; and (c) General Manager, Transit Services. (a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights; and (2) 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. (b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights upon successful completion of the probationary period; and (2) 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) 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) The Chief Administrative Officer must issue a request for proposals for a contractor to sell, affix, maintain, and replace exterior and interior advertisements on and in public transit buses owned or operated by the Department of Transportation. (b) The contract must allow advertisements to be placed on all public transit buses owned or operated by the Department. A contract must be executed and advertising must begin within 6 months after a request is issued. (c) Only commercial advertisements, or County government notices that inform the public of a County program or service, may be placed on or in public transit buses owned or operated by the Department. County notices must comprise at least 10% of all exterior advertising space and 20% of all interior advertising space. (d) An advertisement or notice must not: (1) exceed 50 square feet; or (2) cover a window of any bus. (e) All revenue derived from bus advertising must be deposited in the Mass Transit Facilities Fund.

All fees, charges, and fares for any transportation or transportation-related service or product provided by the Department must be set by Council resolution adopted after a public hearing and approved by the Executive, unless any law expressly requires a different process. If the Executive disapproves a resolution within 10 days after it is adopted and the Council readopts it by a vote of six Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.

The director of the department of recreation shall administer the recreational program of the county herein authorized. In administering such program the director shall have the authority, upon the consent of the particular agency or organization concerned, to make use of the recreational facilities of the board of education and other agencies or organizations, both public and private, and shall endeavor to coordinate the county's recreational program with the recreational programs of any such organizations whenever such coordination will promote the best interests of the county and its citizens.

The Office of Animal Services has the functions and duties assigned to it in Chapter 5, Animal Control.

(a) Generally. The purposes of the Department of Technology and Enterprise Business Solutions are to: (1) promote the appropriate use of automated information systems and telecommunications technology by the County government; (2) plan, develop, and ensure the proper operation of the County government's telecommunications capabilities, with special emphasis on the long-term issues of connectivity and compatibility; (3) ensure that the County government provides automated information services; (4) review decentralized process support systems for consistency with overall policy and compatibility with other governmental systems; and (5) promote the sharing of data and information technology systems among the departments and agencies, subject to the state public records act. (b) Duties. The Department must: (1) operate the County's central computer system and provide technical support necessary to: (A) generate and maintain the software of all systems; (B) assess requirements for computer hardware and software; and (C) supervise network control activities; (2) administer each cable communications or other telecommunications franchise granted by the County Council and any other telecommunications agreement involving or regulated by the County; (3) operate and manage all telecommunications facilities owned or controlled by the County, including the County fiber-optic data network, telephone system, Internet service, cable television transmissions, and public safety communications; (4) make County policy recommendations; (5) establish standards for automated information systems and telecommunications; (6) plan and oversee the installation and support of departmental and enterprise automated information systems, including public safety communications systems, local- and wide-area networks, enterprise servers, and the desktop computer replacement program, under written policies approved by the Chief Administrative Officer (CAO); (7) maintain a geographic database of all installed telecommunications facilities in the County for which the County has any legal authority to require data, or is able to obtain voluntarily or through a third-party; (8) approve, deny, or modify all requests for telecommunications and information processing facilities before acquisition; and (9) advise the County Council on the acquisition of telecommunications and information processing systems, although the Council has the final authority to acquire facilities and systems for its own use. (c) Chief Information Officer. The Director of Technology and Enterprise Business Solutions serves as the County’s Chief Information Officer (CIO). The CIO, under the supervision of the Chief Administrative Officer, must: (1) serve as chair of the Information Technology Policy Advisory Committee; (2) review and approve any proposed procurement of information technology for the County government to ensure that the proposed procurement is consistent with approved information technology policies and standards, unless the Director of Procurement appeals the CIO’s decision to the Chief Administrative Officer to resolve; (3) plan, direct, and manage each major information technology project of the County government, under written policies approved by the CAO; (4) submit a plan to the County Council by February of each year for the County’s use of any information technology resources that a person was required to provide under a cable or other telecommunications franchise granted by the Council under Chapters 8A or 49; (5) administer each cable television or other telecommunications franchise granted by the Council strictly according to law, the approved franchise agreement, and any franchise administration policies established by the Council by resolution; (6) provide technical assistance to the Interagency Technology Policy and Coordination Committee or any successor organization; (7) serve as the County government’s liaison with other County, State, regional, and federal government agencies, such as the Montgomery County Public Schools, Montgomery College, the Washington Suburban Sanitary Commission, and the Maryland-National Capital Park and Planning Commission, to promote efficiency and, to the extent practical, consistent standards and interoperability of information technology among the County government and these agencies; and (8) perform the duties described in Section 2-58E to coordinate all telecommunications transmission facilities in the County. (d) Information Technology Policy Advisory Committee. (1) The Information Technology Policy Advisory Committee includes: (A) the Director of Finance; (B) the Director of the Office of Management and Budget; (C) the Director of General Services; (D) the Director of the Office of Human Resources; (E) the County Attorney; (F) the Chief of Police; (G) the Fire Chief; (H) the Director of Transportation; (I) the Director of Health and Human Services; and (J) any other head of a County agency, department, or office listed in Executive regulations approved under method 2. (2) The members listed in paragraph (1) serve as permanent, ex officio voting members. (3) The Committee must: (A) establish and frequently review, at least twice a year, information technology policies and standards for the County government that: (i) promote efficient delivery of government services to the public; (ii) are cost-effective; (iii) promote, to the extent practical, interoperability with other public and private information technology systems; (iv) ensure the accuracy, integrity, and security of information created by or entrusted to the County government; and (v) comply with federal, State, and local laws; (B) monitor information technology developments and promptly advise the Executive and Council about potential impacts of new technology; (C) review and advise the CIO on any proposed procurement of information technology for the County government that exceeds an amount established by Executive regulation; and (D) make recommendations to the CIO regarding the use of any information technology resources that a franchisee was required to provide under a cable television or other telecommunications franchise granted by the Council. (e) Non-merit positions. The positions of Chief Technology Officer, Chief Broadband Officer, Chief Digital Officer, and Chief Operating Officer are non-merit positions. (a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights; and (2) 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. (b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights upon successful completion of the probationary period; and (2) 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) 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) The Chief Information Officer must establish and maintain a process to coordinate the location of public and private transmission facilities in the County. The County Executive must issue regulations to implement this process, including time limits for any review of a siting decision by the CIO or the CIO’s designee or contractor, or the Transmission Facility Coordinating Group. The Executive may adopt regulations under method (3) to set fees for reviewing and coordinating the siting of each proposed transmission facility that requires a building permit, special exception, or other County approval. The regulations may set different fees for certain categories of applicants to reflect different costs to the County to review and coordinate the siting of facilities by that type of applicant. The Executive must establish, and may modify, fee categories by method (2) regulation. (b) As used in this Section: (1) transmission facility means any telecommunications facility or radio and television broadcasting tower, including any antenna, tower, monopole, or other structure used primarily to receive or transmit wireless voice, data, or image information (or any combination of them): (2) land use agency means the Planning Board, the County Board of Appeals, the Department of Environmental Protection, and any other public agency or body with jurisdiction over the siting of any transmission facility, including any municipal land use agency or body; and (3) land-owning agency means any government agency which owns or controls any land on which a transmission facility is located or proposed to be located. (c) As part of the coordination process set up under subsection (a), the Director’s designee or contractor must: (1) maintain a database of all transmission facilities located in the County, including any that the Director knows are proposed to be located in the County; (2) serve as a central source of information and a technical resource on the siting of transmission facilities for land use agencies, land-owning agencies, private landowners, telecommunications carriers, and the public; (3) in order to promote the appropriate and efficient location and co-location of transmission facilities and minimize any adverse impact on other land uses in the County and on transmission facilities used by government agencies: (A) review the siting of each proposed transmission facility; (B) advise any land use agency or land-owning agency on the technical rationale at that location for any transmission facility and whether it qualifies under County land use laws as a public or private use; and (C) recommend to any land use agency a decision on any pending siting issue, including any appropriate provisions governing removal of the facility after its useful life concludes and the posting of a bond to guarantee removal; (4) assist public participation in the process of siting transmission facilities; and (5) report annually to the County Executive and County Council on transmission facility siting and policy issues. (d) (1) The Director must convene a Transmission Facility Coordinating Group and select a chair from among its members. The Group consists of the Director’s designee or contractor and a designee of: (A) the Planning Board; (B) the Office of Management and Budget; (C) the cable television administrator in the Department of Technology and Enterprise Business Solutions; (D) the Department of Transportation; (E) the Department of Permitting Services; and (F) any other County, bi-county, or municipal department or agency which the Director invites to send a designee. (2) The Group must: (A) review and comment, with due regard for the schedule in any pending action or proceeding, on any pending transmission facility policy or siting issue; and (B) facilitate communications between the member agencies on transmission facility policy and siting issues. The Group’s comments in any quasi- judicial proceeding must be placed on the proceeding record and made available to all parties. (e) Each land-owning agency in County government, and any other land-owning agency which receives County funding, must submit to the Director a transmission facility location plan. The plan must clearly indicate the location of every existing and the general location of any proposed transmission facility on land owned or controlled by the department or agency. The department or agency must update the plan each year. (f) Every applicant for a building permit or special exception for a transmission facility must submit to the Director a transmission facility location plan if a plan from the applicant is not already on file. The plan must clearly indicate the location of every existing and the general location of any proposed transmission facility owned or controlled by the applicant. The applicant must update the plan each year. The Director must not disclose any information in the plan which qualifies as confidential under the state public information law to any person except the Director’s designee or contractor and the other members of the Transmission Facility Coordinating Group, and they must not disclose any such information to any other person. (a) Annual fee. $1,000 a year, for reviewing each applicant's annual plan and providing access to certain County Geographic Information Service (GIS) data about existing telecommunications transmission facility sites. (b) Minor modification. $500, for reviewing an application to take any of the following actions at a single site: (1) modify one or more existing antennas; (2) add an antenna that would not alter the dimensions of the support structure; or (3) modify or add equipment that would not expand the approved ground space. (c) Multiple modification. $1,500, for reviewing an application to modify, or replace with a similar item, an antenna or equipment at 2 or more existing sites in a manner that would not change the support structure or the ground occupied by the telecommunications facility or require any other County approval. (d) Co-location on existing structure. $1,800, for reviewing an application to install additional antennas on an existing support structure in a zone where the structure is a permitted use under Chapter 59. (e) New support structure - permitted use. $2,500, for reviewing an application to construct a new support structure where permitted by Chapter 59. (f) New support structure - special exception. $3,000, for reviewing an application to construct a new or modified support structure that would require, under Chapter 59: (1) approval or modification of a special exception; or (2) review under the mandatory referral process.

(a) Definition. In this section “Coordinating Council” means the Domestic Violence Coordinating Council. (b) Established. There is a Domestic Violence Coordinating Council. (c) Composition and terms of members. (1) The Coordinating Council has 19 members. (2) The County Council requests the following individuals to serve as ex officio members of the Coordinating Council: (A) The Administrative Judge for District 6 of the Maryland District Court or designee of the Administrative Judge; (B) The Administrative Judge for the Montgomery County Circuit Court or designee of the Administrative Judge; (C) The State’s Attorney for Montgomery County or designee of the State’s Attorney; (D) The Regional Director of the Division of Parole and Probation, Maryland Department of Public Safety and Corrections or designee of the Regional Director; (E) The County Sheriff or designee of the County Sheriff; and (F) The President of the County Board of Education or designee of the President. (3) Subject to confirmation by the County Council, the County Executive should appoint the following individuals to serve as ex officio members of the Coordinating Council: (A) A member or designee of the County Council, selected by the Council President; (B) The Chief of Police or designee of the Chief of Police; (C) The Director of the Department of Health and Human Services or designee of the Director; (D) The Executive Director of the Commission for Women or designee of the Executive Director; and (E) The Director of the Department of Correction and Rehabilitation or designee of the Director. (4) Subject to confirmation by the County Council, the County Executive must appoint the following individuals to serve 3-year terms on the Coordinating Council: (A) 1 attorney with experience representing victims of domestic violence; (B) 4 members of the public with a demonstrated interest in domestic violence issues, including at least one individual who is a former victim of domestic violence; and (C) 2 representatives from a non-governmental domestic violence service or advocacy organization serving County residents. (5) Subject to confirmation by the County Council, the County Executive must appoint a student member to serve a 1-year term on the Coordinating Council. The student member’s term may be renewed for 1 additional year. The student member must be a high school student who resides in the County when initially appointed. (d) Voting, officers, meetings, and compensation. (1) All members of the Coordinating Council are voting members. (2) The Coordinating Council must elect a chair and vice-chair from among its members to serve 2-year terms. (3) The Coordinating Council must meet at least 4 times each year. (4) Section 2-148 does not apply to members appointed under subsection (c)(2) and (3). (5) Except as provided in paragraph (6), a member must serve without compensation. (6) A member may request reimbursement for mileage and dependent care costs at rates established by the County. (e) Duties. The Coordinating Council must: (1) Advise the County Executive, County Council, and Criminal Justice Coordinating Commission and its members on policies, programs, and legislation necessary to prevent domestic violence and help victims and their families; (2) Promote and facilitate an effective community-wide response to domestic violence, including a well-coordinated, multi-disciplinary approach to all programs serving victims of domestic violence and their families; (3) Coordinate with the Maryland Network Against Domestic Violence and all other County, State, federal, and non-governmental agencies, committees, boards, commissions, and organizations that operate, monitor, or coordinate domestic violence programs or services in the County to maximize the effectiveness of these programs and services; (4) Develop recommendations to improve the coordination and effectiveness of County, State, federal, and non-governmental efforts regarding domestic violence, including prevention, intervention, treatment, law enforcement, prosecution, correctional, and advocacy efforts; (5) Cooperate with the Abused Persons Program administered by the Department of Health and Human Services and any other relevant departments, agencies, committees, boards, commissions, and organizations to periodically review the quality and sufficiency of programs and facilities available to domestic violence victims, offenders, and their children throughout the County. (6) Obtain and evaluate the findings and recommendations of the County’s Domestic Violence Fatality Review Team established under Title 4, Subtitle 7 of the Family Law Article; (7) Obtain and evaluate statistical data, reports, and other information related to domestic violence, including information regarding innovative efforts by other governmental and non-governmental entities, as necessary to implement the requirements of this section; and (8) Subject to subsection (f), advocate for policies or legislation at the County, State, and federal levels that would improve efforts to address domestic violence issues, including prevention, intervention, treatment, law enforcement, prosecution, correctional, and advocacy efforts. (f) Advocacy. The Coordinating Council may not engage in any advocacy efforts at the State or federal levels unless these efforts are approved by the Office of Intergovernmental Relations. (g) Annual Report. By September 15 each year, the Coordinating Council must submit to the County Executive and the County Council an annual report on its activities, findings, and recommendations. (h) Staff. (1) (A) If the County Sheriff agrees, the County Sheriff must provide the primary staff for the Coordinating Council. (B) At the request of the County Sheriff, the State courts and agencies listed in subsection (c)(2) and the County agencies listed in subsection (c)(3) may provide additional staff assistance to the Coordinating Council. (2) (A) If the County Sheriff does not agree to provide the primary staff for the Coordinating Council, the Chief Administrative Officer must provide appropriate staff to the Coordinating Council. (B) The Chief Administrative Officer must consult with the individuals identified in subsection (c)(2) and (3) to determine the staffing needs of the Coordinating Council. (C) The Chief Administrative Officer may authorize an individual identified in subsection (c)(2) to provide staff to the Coordinating Council.

(a) Established. There is a Criminal Justice Coordinating Commission. (b) Composition; officers; terms of members; meetings; staff. (1) The Commission has 32 members. (2) The County requests the following individuals to serve as ex-officio members of the Commission: (A) Administrative Judge of the Circuit Court for Montgomery County; (B) Administrative Judge of the District Court for Montgomery County; (C) State’s Attorney for Montgomery County; (D) County Sheriff; (E) Clerk of the Circuit Court for Montgomery County; (F) Public Defender for Montgomery County; (G) Chief of the City of Rockville Police Department; (H) Chief of the City of Gaithersburg Police Department; (I) Chief of the City of Takoma Park Police Department; (J) Chief of the Village of Chevy Chase Police Department; (K) Chief of the Montgomery County Maryland-National Capital Park and Planning Commission Police Department; and (L) Director of the Department of School Safety and Security of the Montgomery County Public Schools. (3) The following individuals are ex-officio members of the Commission: (A) Chair of the County Council’s Public Safety Committee, or another member of the Public Safety Committee; (B) Chief Administrative Officer; (C) Chief of the County Police Department; (D) Director of the Department of Correction and Rehabilitation; (E) Chief of Behavioral Health and Crisis Services of the Department of Health and Human Services; (F) Chief of Children, Youth, and Family Services of the Department of Health and Human Services; (G) Director of the Department of Technology and Enterprise Business Solutions; and (H) Assistant Chief of the Fire Code Enforcement and Fire Explosive Investigations Sections of the Montgomery County Fire and Rescue Service. (4) The County Executive should appoint, subject to Council confirmation, the following individual to serve a 3 year term as a member of the Commission: A member of the County Legislative Delegation selected jointly by the Chairs of the House and Senate Delegations. (5) The Executive must appoint, subject to Council confirmation, to 3-year terms: (A) 7 members of the public, one of whom must be a member of the Maryland bar who practices law in the County; (B) An employee of the Division of Parole and Probation in the State Department of Public Safety and Correctional Services, after giving the Director of the Division an opportunity to make a recommendation; (C) An employee of the State Department of Juvenile Justice, after giving the Secretary of the Department an opportunity to make a recommendation; (D) A member of the Commission on Juvenile Justice, after giving the Commission an opportunity to make a recommendation; and (E) A member of the Advisory Board on Victims and their Families, after giving the Board and opportunity to make a recommendation. (6) After considering the recommendation of the Commission, if any, the Executive must designate the Chair and Vice-Chair of the Commission. The Chair and Vice-Chair serve one-year terms. (7) The Commission must meet at least 4 times each year. (8) Section 2-148 does not apply to ex-officio members or members appointed under subsection (4). (9) (A) The Chief Administrative Officer must designate an individual to serve as a Director of the Commission. (B) The Director is not a voting member of the Commission. (C) The Director must help the Commission achieve its objectives by: (i) facilitating the coordination of Commission meetings; (ii) facilitating the coordination and communication of Commission members; (iii) assisting the Commission in obtaining information and assistance from other County agencies and programs as needed; and (iv) assuring that the Commission has the staff and other resources it needs. (10) The Chief Administrative Officer must provide staff support to the Commission subject to appropriation. (c) Duties. The Commission must: (1) evaluate the organization and adequacy of law enforcement and the administration of justice in the County; (2) review and comment, at the request of the County Executive or the County Council, on programs concerning criminal justice for: (A) long-term impacts; (B) feasibility; and (C) implementation issues. (3) respond to requests from the Executive, Council, and the judicial system for any analysis concerning criminal justice programs; (4) educate the community about law enforcement, crime prevention, reentry of individuals to the community, and other criminal justice issues, promote respect for law, and encourage community involvement in law enforcement and other appropriate components of the criminal justice system; (5) facilitate coordination of the programs and activities of County law enforcement and criminal justice agencies; (6) facilitate coordination of County law enforcement and criminal justice agencies with those of the State and neighboring state and local governments; (7) promote efficient processing of criminal cases at every stage from arrest to completion of trial and correctional programs; and (8) advise the County on how to achieve fair and effective law enforcement, crime prevention, and juvenile justice. (d) Information and assistance. Each agency of County Government must give the Commission any information and assistance, not inconsistent with law, that the Commission requests to perform its duties. (e) Reports and recommendations. The Commission may make reports and recommendations to the Executive and Council from time to time as the Commission finds appropriate. The Commission must report to the Council and the Executive on request. (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.

The chief administrative officer is authorized to make available to these advisory boards services and facilities of the county government to aid the boards in their work.

(a) Findings. (1) Although not unique to the County, many County residents suffer from stark disparities linked to race and social justice issues. (2) These disparate outcomes among County residents include wealth, housing, criminal justice, education, and health. (3) Inequitable outcomes linked to race and social justice issues will persist in the County without intentional intervention. (4) The work to dismantle racial and social justice inequity must occur on an individual, institutional, and structural basis. (b) Definitions. As used in this Division: Director means the Director of the Office of Racial Equity and Social Justice or the Director’s designee. Equity means fair and just opportunities and outcomes for all people. Equity assessment means a systematic process of identifying policies and practices that may be implemented to identify and redress disparate outcomes on the basis of race or social justice issues. Individual racism means explicit or implicit pre-judgment bias or discrimination by an individual based on race. Inequity means systematic and patterned differences in well-being that disadvantage one group in favor of another caused by past and current decisions, systems of power and privilege, and policies. Institutional racism means policies, practices, and procedures that work better for some members of a community than others based on race. Office means the Office of Racial Equity and Social Justice. Race means a social construct that artificially divides people into distinct groups based on characteristics such as physical appearance (including color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic and political needs of a society at a given period. Racial equity and social justice means changes in policy, practice and allocation of County resources so that race or social justice constructs do not predict one’s success, while also improving opportunities and outcomes for all people. Racial equity and social justice action plan means a comprehensive plan to incorporate and embed racial equity and social justice principles and strategies into operations, programs, service policies, and community engagement. Social justice means that everyone deserves to benefit from the same economic, political and social rights and opportunities, free from health disparities, regardless of race, socioeconomic status, age, sex – including on the basis of gender identity or orientation, religion, disability, or other characteristics. Structural racism means the history and current reality of institutional racism across public and private institutions which combine to create a system that negatively impacts certain groups based on race. (c) Functions. After consulting with each department and office, the Office must: (1) perform an equity assessment to identify County policies and practices that must be modified to redress disparate outcomes based on race or social justice; (2) develop metrics to measure progress in redressing disparate outcomes based on race or social justice; (3) work with each County department and office to develop a racial equity and social justice action plan designed to remedy individual, institutional, and structural racism or social justice issues adversely impacting County residents; (4) provide racial equity and social justice training to County employees; (5) develop short term and long term goals for success in redressing disparate outcomes based on race or social justice issues; (6) measure progress in meeting both short term and long term goals; and (7) provide staff support for the Racial Equity and Social Justice Advisory Committee. (d) Racial Equity and Social Justice Action Plan. (1) The Executive must adopt, by Method 2 regulation, a racial equity and social justice action plan. (2) The racial equity and social justice action plan must include: (A) a community engagement process; (B) mandatory racial equity and social justice training for all County employees; (C) the use of explicit racial equity and social justice considerations in establishing new programs and evaluating existing programs; (D) a requirement for the Executive to explain how each management initiative or program that would be funded in the Executive’s annual recommended operating and capital budgets, including the recommended operating and capital budgets for the County Board of Education, or in a supplemental appropriation promotes racial equity and social justice; (E) short term and long term goals for promoting racial equity and social justice; (F) metrics for measuring progress in meeting these goals; (G) guidelines for each department and office to develop its own equity action plan; (H) recommended racial equity and social justice tools and strategies for a department or office to use in redressing disparities based on race or social justice issues; and (I) priority areas for additional County efforts. (e) Reports. The Director must submit an annual report on the activities of the Office to the Executive and the Council on or before each September 30. The report must include: (1) the metrics used to measure the success of each short term and long term goal of the approved racial equity and social justice action plan; (2) the progress toward meeting the goals of the approved racial equity and social justice action plan; and (3) any recommendations for changes in law, regulation, or operating budget resources to assist in meeting the goals of the racial equity and social justice action plan. (f) Responsibilities of each department and office. Each Executive and Legislative Branch department and office must: (1) designate an employee to serve as the racial equity and social justice lead for the department or office to coordinate work with the Office; (2) develop a department or office racial equity and social justice action plan in coordination with the Office; and (3) provide discrete data on disproportionality and other information to the Office as needed. (g) Responsibility of the Council. The Council must: (1) establish a structure to provide oversight of the County’s progress in meeting its racial equity and social justice goals. The Council may retain experts from academic and scientific organizations to assist the Council with this oversight responsibility; (2) establish a process to explain how each special appropriation promotes racial equity and social justice; and (3) ensure that the operating budget is sufficient: (A) for the Office of Racial Equity and Social Justice to provide the services required by this Section; and (B) to implement the Racial Equity and Social Justice Action Plan. Transition and Effective Date. (a) The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020. (b) Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020.

The office of public information shall have the following functions: (a) Serve as a focal point for communications with citizens and community organizations. (b) Establish and maintain a public information program. (c) Provide professional editing and design support and coordination for county-wide publications and to county departments and agencies. (d) Establish and maintain an information and referral program. (e) Carry out related matters as may be assigned. (f) Recruitment and utilization of volunteer services for county programs.

The Office of Human Resources has the following functions: (a) Under the administration of the Chief Administrative Officer, supervise the County merit system in accordance with the County Charter, local, state and federal laws, rules and regulations. (b) Assist all appointing authorities in the implementation of merit system Charter provisions and the personnel regulations of the Executive. (c) Assist the Executive in the development and administration of a career service and in the administration of a comprehensive management personnel program. (d) Provide cooperative personnel services to political subdivisions of Montgomery County or agencies supported in whole or in part by taxes levied by the Council and to the Montgomery County Revenue Authority. (e) Perform related duties as assigned. (f) Develop and administer the equal employment opportunity program, unless this responsibility is transferred to the Chief Administrative Officer in accordance with the termination provision of chapter 1, section 5 of the 1981 Laws of Montgomery County. Sec. 4. Budgeting and Reduction-In-Force. The Office of Labor Relations is separate from the Office of the County Executive for purposes of budgeting and any reduction-in-force. By Res. No. 9-1474, adopted Sept. 22, 1981, the Council extended the termination date of Bill No. 5-80 (ch. 1-81) until such time as the County Council by resolution indicates otherwise.

The Office of Intergovernmental Relations has the following functions: (a) respond to the County's interest with respect to legislation and budget issues being prepared or undertaken by the State legislative and Executive branches; (b) provide County liaison with the legislative delegation and appropriate State departments, agencies, commissions and committees and monitor the State legislature; and (c) provide coordination or liaison and, as appropriate, respond to legislation, regulations, or other policy issues involving nearby counties or states, municipalities within the County, regional agencies, the District of Columbia, and the federal government.

(a) Generally. The Office of Management and Budget has the following functions: (1) preparation and administration of the annual operating budget, six-year public services program and related matters; (2) preparation and administration of the annual capital budget, six-year capital improvements program and related matters; (3) planning for county facilities; (4) program evaluation; (5) coordination of productivity improvement activities, including management, organization and systems analyses and projects; and (6) other management functions as assigned by the chief administrative officer. (b) Non-merit position. The position of Deputy Director for Results is a non-merit position. (a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights; and (2) 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. (b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights upon successful completion of the probationary period; and (2) 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) Generally. The Office of Community Use of Public Facilties: (1) administers and implements the School Facilities Utilization Act (Chapter 44, Article I); and (2) schedules and makes available to the community the use of (A) school facilities; and (B) other public facilities designated by the Chief Administrative Officer under standards established by regulation issued under method (2). (b) Duties of the Director. The Director of Community Use of Public Facilities must carry out the functions described in this Section and Section 44-4. (c) Enterprise Fund. All user fees and other payments to the County for the community use of a public facility under subsection (a)(2) must be administered through the enterprise fund established by Section 44-5A. (d) Assistance for programs serving underserved communities with a focus on vulnerable youth or low-income persons. The Executive must establish by method (2) regulation a program administered by the Director to encourage use of public facilities, including school facilities, by organizations that serve underserved communities with a focus on vulnerable youth or low-income persons. The regulations adopted under this subsection must include criteria for eligibility, and the program must consist of: (1) outreach: (2) technical assistance; and (3) waiver or reduction of fees for eligible organizations. (e) On or before January 1 of each even-numbered year, the Director must submit a report to the Executive and Council describing the activities conducted, accomplishments achieved, and difficulties encountered in seeking to increase use of public facilities by programs serving underserved communities with a focus on vulnerable youth or low- income persons.

The Office of Procurement must: (a) administer the centralized purchasing system required by Charter Section 313; (b) procure all goods and services in accordance with chapter 11B and other applicable law; and (c) perform any other procurement or related function assigned by the Chief Administrative Officer. 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.

The Office of Emergency Management and Homeland Security must plan, manage, and integrate the County’s emergency management and homeland security programs. The Office must: (a) undertake emergency management and disaster preparedness planning, and coordinate response and recovery operations to a disaster; (b) coordinate homeland security intelligence programs in conjunction with the Police, Sheriff, and other local, state, and federal law enforcement agencies and disease surveillance systems of public health; (c) manage the interdepartmental governance of the Public Safety Communications Center (PSCC) and the Alternate Public Safety Communications Center (APSCC); (d) facilitate the integration of policies and procedures on homeland security, emergency management, and preparedness with the Fire and Rescue Service; Police; Health and Human Services; Transportation; Environmental Protection; the Sheriff; and other County government departments and public agencies as necessary; (e) coordinate community outreach and volunteer support of emergency preparedness and homeland security; (f) coordinate the County’s homeland security and emergency preparedness programs with federal, state, regional, local, County, and municipal agencies, including the Housing Opportunities Commission, Montgomery College, Montgomery County Public Schools, Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, Washington Metropolitan Area Transit Authority, and utilities and telecommunications companies doing business in the County; (g) develop, coordinate, and manage state and federal grants relating to homeland security and emergency preparedness, response, and recovery; and (h) undertake related functions designated by the County Executive. Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department 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. Sec. 5. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Homeland Security is transferred to the Office of Emergency Management and Homeland Security.

In accordance with chapter 11B, the Office of Grants Management must: (a) provide a central point of contact regarding grants that the County receives or awards; (b) disseminate to Executive Branch departments and principal offices information regarding federal and State grant opportunities; (c) maintain a central database of grants that the County receives or awards; (d) provide training and technical assistance regarding grants management to Executive Branch departments and principal offices; (e) in coordination with the Office of Procurement, develop countywide policies and procedures regarding grants management; (f) in coordination with the Office of Procurement, develop practices to ensure that grants management in the County is consistent with racial equity and social justice goals; (g) perform public outreach regarding grants offered by the County; and (h) perform any other grants function assigned by the Chief Administrative Officer.

The Office of Food Systems Resilience must: (a) in coordination with the Maryland Food Council, serve as a liaison between government and food systems stakeholders, including residents, businesses, farms, food assistance providers, charities, and educational institutions; (b) in coordination with the Department of Environmental Protection, the Office of Agriculture, the Department of Planning, the Department of Health and Human Services, and the Office of Community Partnerships, serve as a central liaison and coordinator for County government food systems initiatives and projects; (c) develop and maintain a strategy for improving the efficiency, equity, sustainability, and resilience of the food systems in Montgomery County; (d) advise the County Executive and County Council on food systems related policy issues, as well as deliver a report on the state of the local food systems with recommended policy, budgetary, and regulatory changes to the County Executive and County Council no less than annually; (e) develop and maintain a system to collect and process local food systems data to support accurate and timely monitoring of the state of the local food systems, and analyze such data to support decision making and strategic planning; (f) in coordination with the Office of Grants Management and the Office of Procurement, set policies and procedures for grants impacting the local food systems that are consistent with the aforementioned food systems strategy and work to leverage County resources to pursue state, federal, and private sector resources to support local food system initiatives; (g) in coordination with the Office of Emergency Management and Homeland Security, the Department of Health and Human Services, and local food assistance providers, support disaster response feeding planning and operations; (h) in coordination with the Office of Racial Equity, work to address racial inequities and develop practices to ensure social justice and address disparities in the local food systems; and (i) represent the interests of Montgomery County in regional, national, and international food systems coordination efforts.