(a) Established; membership. (1) There is a County Fire and Emergency Services Commission, composed of 7 voting members appointed by the County Executive and confirmed by the County Council. Two members must be County career fire/rescue personnel, 2 members must be volunteer local fire and rescue department personnel, and 3 members must have no personal, family, or business connection with the County volunteer or career fire and emergency services. Each member must be a resident of the County. The members should reside in various geographic areas of the county and have a variety of occupational backgrounds. (2) The Executive should appoint a person from a list of at least 5 volunteer local fire and rescue department personnel submitted by the LFRD representative each time the Executive appoints a member who must be a volunteer local fire and rescue department member. The Executive should appoint a person from a list of at least 5 career firefighters or rescuers submitted by organizations composed of career fire or rescue personnel each time the Executive appoints a member who must be a career firefighter or rescuer. If a list was submitted as provided in this paragraph and the Executive appoints a person whose name was not on that list to a Commission position reserved for a career firefighter or rescuer or volunteer local fire and rescue department member, the Executive must explain to the Council why no person on the list was selected. If the Executive requests a list under this paragraph from the appropriate organizations and does not receive a list of at least 5 candidates within 30 days, the Executive may appoint a qualified person without explaining why no person was selected from a list. (3) The Fire Chief and any Division Chief are not eligible to serve on the Commission while holding that position. (4) Each member serves a term of 3 years. A member must not serve more than 2 full terms, not counting any portion of an unexpired term, unless the Executive cites an extraordinary reason to reappoint the member for one or more additional terms. Each term begins August 1. A member serves until the member’s successor is confirmed. (5) The Commission annually must designate one of its public members as chair and another public member as vice-chair. The vice-chair serves as chair in the absence of the chair. (b) Vacancy. Any vacancy on the Commission must be filled as provided in subsection (a). If in the case of an unscheduled vacancy the Executive requests a list under subsection (a) from the appropriate organizations and does not receive a list of at least 5 candidates within 15 days, the Executive may appoint a qualified person without explaining why no person was selected from a list. A replacement member serves for the remainder of the original term. (c) Compensation. A Commission member is not entitled to compensation for service on the Commission. Each Commission member must be reimbursed for reasonable travel and dependent care expenses, as appropriated in the operating budget. (d) Duties, responsibilities and authority. (1) The Commission must recommend how the County can: (A) achieve and maintain effective, efficient, and equitable fire, rescue, and emergency medical services County-wide, and (B) improve the policy, planning, and regulatory framework for all fire, rescue and emergency services operations. (2) The Commission must meet at least monthly, and may meet at other times at the call of the chair or a majority of its members. (3) The Commission, in addition to any other functions assigned by law or regulation, may: (A) advise the Fire Chief, County Executive, and County Council on any matter relating to fire, rescue and emergency medical services, and review the performance of the County Fire and Rescue Service and any action taken or policy adopted by the Service; (B) advise the Chief, Executive, and Council on County-wide policies, standards, procedures, plans, and programs that should apply to all fire, rescue, and emergency services operations; (C) review and make recommendations regarding the master plan for fire, rescue, and emergency medical services as provided in Section 21-12; (D) recommend and comment on legislation, regulations, and policies that apply to or affect the Fire and Rescue Service; (E) review and recommend any appropriate changes in communications and dispatch procedures for emergency communications centers; (F) recommend guidelines for curriculum and programs of the Public Safety Training Academy and other training programs for fire and emergency services employees and volunteers; (G) recommend to the Chief, Executive, and Council a benefits program to provide financial protection for volunteers and their families if a volunteer becomes injured, disabled, or dies in the line of duty; (H) after consulting the LFRD representative, recommend to the Chief, Executive, and Council policies and programs to recruit and retain volunteers; and (I) promote coordination with other County-wide, regional, state, and national emergency management agencies and activities. (4) The Commission must review and may approve or disapprove any generally applicable Fire and Rescue Service policy or regulation proposed by the Fire Chief, including any regulation that may be issued by the Executive under this Chapter. Before taking any action under this paragraph, the Commission must give the Fire Chief, LFRD representative, employee organization, and the public a reasonable opportunity to comment. If the Commission does not approve or disapprove a proposed policy within 60 days after receiving it from the Chief, the policy is automatically approved. If the Commission does not approve or disapprove a proposed regulation within 60 days after receiving it from the Chief, the regulation is automatically transmitted to the Executive for review. This paragraph does not apply to: (A) any decision expressly assigned to another person or body by this Chapter; or (B) any individual personnel action. (e) Meeting with Executive. The Commission must meet with the Executive or the Chief Administrative Officer periodically to discuss matters under the Commission’s purview. (f) Annual report. The Commission must forward to the Executive and Council an annual report describing Commission recommendations and activities. (g) Removal. The Executive, with the approval of the Council, may remove any Commission member for cause. (h) Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (b) Any reference in any law, regulation, or Fire and Rescue Service policy to the Fire and Rescue Commission must be treated as referring to the Fire and Emergency Services Commission created under Section 21-2, as amended by Section 1 of this Act, unless the context clearly indicates otherwise. (c) In initially appointing the Fire and Emergency Services Commission under Section 21-2, the Executive must designate one career and one volunteer appointee to serve one year initial terms, one career appointee to serve a 2 year initial term, and one volunteer appointee to serve a 3 year initial term, and one member of the public to serve a term of one year, one to serve a term of 2 years, and one to serve a term of 3 years.

(a) The Executive must appoint, subject to confirmation by the Council, and may remove the Fire Chief. (b) The Fire Chief is the uniformed department head of the Montgomery County Fire and Rescue Service, and has all powers of a department director. The Chief has full authority over all fire, rescue, and emergency medical services in the County, including any fire, rescue, and emergency medical services provided by local fire and rescue departments. The Chief must implement County law, regulations, and policies to effectively administer the Fire and Rescue Service. (c) The Chief of the Division of Fire and Rescue Operations is a merit position. The Division Chief must meet the requirements for chief officer adopted under Section 21-8. The Division Chief has operational authority over fire, rescue, and emergency medical services activities of the Fire and Rescue Service, including the local fire and rescue departments, as assigned by the Fire Chief. The Division Chief must promote the integration of the activities of volunteer and career firefighters and rescuers. The Division Chief, subject to the authority of the Fire Chief, may take disciplinary action, including discharge, against any merit system employee in the Service, subject to applicable merit system regulations and collective bargaining agreements. (d) The Chief of the Division of Volunteer Services is a non-merit position. The Division Chief must meet the requirements for chief officer adopted under Section 21-8 and must have experience as a chief, or an assistant or deputy chief, in a volunteer fire and rescue organization in the County. The Division Chief must be given the same rank under the IECS as the Chief of the Division of Fire and Rescue Operations. Before the Fire Chief recommends a person to the Executive for appointment as Division Chief for Volunteer Services, the Chief must invite the LFRD representative to submit a list of at least 5 qualified persons for the Executive’s consideration. If the LFRD representative submits a list and the Executive appoints a person whose name was not on that list, the Executive must explain to the Council why no person on the list was selected. If the Chief does not receive a list of at least 5 candidates within 30 days after requesting it, the Executive may appoint a qualified person without explaining why no person was selected from a list. The Division Chief has operational authority over fire, rescue, and emergency medical services activities of the Fire and Rescue Service, including the local fire and rescue departments, as assigned by the Fire Chief. The Division Chief, under the direction of the Fire Chief must serve as the highest ranking volunteer officer in the County and coordinate the operations and administration of volunteer personnel and LFRD’s. The Division Chief must: (1) promote the integration of the activities of volunteer and career firefighters and rescuers; (2) promote recruitment and retention of volunteers; (3) assist LFRD’s in training, risk management, use and maintenance of apparatus, budget preparation, and formulating department policy and recommendations to the Chief and Commission; (4) monitor legislative and regulatory actions involving volunteer activities and inform affected groups; and (5) provide additional opportunities for people to volunteer, including the creation of a mobile volunteer personnel corps. (e) The Fire Chief must appoint an Internal Affairs Officer after considering any recommendation by the Commission. The Officer must assist the Chief in monitoring compliance with County laws, regulations, policies, and procedures and investigate matters assigned by the Chief. (f) The Fire Chief must meet regularly with the LFRD representative and senior Service staff to communicate policy, evaluate the effectiveness of the County’s integrated fire and rescue services, and receive advice on the development of policies and delivery of services. (g) In addition to any other authority under this Chapter, the Fire Chief may take disciplinary action against any employee or volunteer in the Service, including those in a local fire and rescue department, for violating any County law, regulation, policy, or procedure, or any lawful order of the Chief or the Chief’s designee. Disciplinary action under this subsection may include suspension or discharge of an employee and restriction or prohibition of a volunteer from participation in fire and rescue activities. The Chief must not take any action involving an employee or volunteer of a local department, except when the Chief finds that immediate action is required to protect the safety of the public or any employee or volunteer, unless the Chief finds that the local department has not satisfactorily resolved the problem in a timely and effective manner. Any finding by the Chief under the preceding sentence is not subject to appeal. Each employee or volunteer must give the Chief any information, not otherwise legally privileged, that the Chief reasonably needs to administer this Chapter. (h) The Chief must provide staff and other support to the Commission, subject to appropriation.

(a) A local fire and rescue department must not engage in any fire, rescue, or other emergency service in the County unless the County Council approves the department. An application for County approval to operate a fire and rescue department must be submitted to the County Executive, who must transmit the application and the Executive’s recommendation to the County Council not later than 90 days after the Executive received the completed application. (b) A local fire and rescue department must not change the location of any facility used to provide fire and rescue services in the County without the Council’s approval. The Executive must not include a site for any fire or rescue squad station or other facility used to provide fire or rescue services in a proposed Capital Improvements Program unless the Council has approved the location or relocation of the facility.

(a) A local fire and rescue department may provide direct fire suppression, rescue, or emergency medical services in the County only while the department: (1) is approved by the County Council under Section 21-4; and (2) complies with applicable County laws, regulations, policies, and procedures, and the lawful orders of the Fire Chief. (b) Each local fire and rescue department must furnish any information requested by the Fire Chief or the Commission regarding operations, administration, volunteer participation, or any other aspect of fire, rescue, or emergency medical services. (c) If the Fire Chief, after giving a local fire and rescue department a reasonable opportunity to respond, finds that the department has not complied with this Chapter or any other applicable County law, regulation, or policy, the County Executive may impound some or all of the tax funds designated for that local fire and rescue department. The Chief must administer the non-complying local fire and rescue department’s fire and rescue services responsibilities, and may use the impounded funds for that purpose. The Chief immediately must report to the Council and Executive about the local fire and rescue department’s non-compliance and must provide a status report 30 days later. After reviewing each report, the Executive must revoke, extend, or modify the impoundment of funds, consistent with the Chief’s finding of whether the local fire and rescue department has complied with the County law, regulation, or policy. (d) The County Attorney, with the approval of the County Executive, may take any legal action necessary to assist the Fire Chief in enforcing this Chapter and all other applicable laws, regulations, and policies concerning fire and rescue services in the County. (e) Nothing in this Chapter precludes, and the Fire Chief must not restrict, any local fire and rescue department from providing services to citizens in the District of Columbia if: (1) those services had been provided under a mutual aid agreement or similar document that was in force on January 1, 2004; or (2) those services would be provided under a mutual aid agreement approved at any time by the County Executive and County Council.

(a) The Fire Chief must negotiate in good faith with the authorized LFRD representative on the issues or issue areas specified in subsection (f). While each LFRD and its members retain the right to communicate directly with elected and appointed officials, the LFRD representative is the LFRDs’ exclusive representative for purposes of negotiating with the Fire Chief. (b) A representative of the LFRD’s becomes authorized to represent their interests when the Fire Chief receives notice that more than 65% of the LFRD’s: (1) have designated that individual or organization in writing as their authorized representative for negotiating purposes; and (2) consented to be bound by agreements reached between the LFRD representative and the Fire Chief, subject to any ratification procedure previously adopted by the signatory LFRD’s. Any action by the Fire Chief under this subsection and subsection (c) to recognize or not recognize an LFRD representative may be appealed to any court with jurisdiction under the Maryland rules for appeals of administrative agency actions. Any decision of a court under this subsection and subsection (c) may be appealed to the Court of Special Appeals. (c) An LFRD can revoke its designation of an authorized representative and designate another person or organization not more than once every 2 years. If 65% of the LFRD’s vote to revoke the representative’s designation, that representative is no longer authorized to negotiate for the LFRD’s. If 65% of the LFRD’s designate a different representative, that representative is authorized to negotiate for all LFRD’s. If an authorization is revoked but no new representative is designated, further negotiating is suspended. (d) Formal negotiating is initiated when the LFRD representative notifies the Fire Chief, or the Fire Chief notifies the LFRD representative, that a negotiable issue has arisen. The Fire Chief or LFRD representative must respond, either in writing or by meeting, within 15 days. The number of required meetings between the parties each month cannot exceed 1, but the parties can meet more frequently if both agree. The parties may adopt a negotiating calendar under which issues are reserved for discussion at a certain time. A negotiated agreement takes effect unless the LFRD representative notifies the Fire Chief within 60 days of the date of the agreement that a majority of the LFRD’s have voted to reject the agreement. (e) The Fire Chief must consult with the LFRD representative on all major policy changes, to the same extent as the employee organization certified under Section 33-151 is required by law or collective bargaining agreement to be consulted. (f) Issues subject to negotiating under this Section are: (1) methods and mechanisms for volunteer firefighters’ and rescuers’ participation in MCFRS policy decisions; (2) representation of volunteer firefighters and rescuers on MCFRS committees and task forces; (3) volunteer firefighter and rescuer recruitment, selection, and recognition; (4) procedures used to evaluate and discipline volunteer firefighters and rescuers; (5) protection of volunteer firefighters and rescuers from harassment and discrimination; (6) LOSAP and other benefits for volunteers, and the administration of any volunteer benefit; (7) the equitable allocation of appropriated funds and equipment among paid and volunteer personnel; and (8) any other issue that pertains only to volunteer firefighters and rescuers. (g) Issues not subject to negotiating under this Section are: (1) budgets and expenditures; (2) MCFRS emergency and routine operations; and (3) any other issue not specified as subject to negotiating. (h) The Fire Chief and LFRD representative annually must choose an impasse neutral, either by agreement or through the processes of the American Arbitration Association. The impasse neutral’s fees and expenses must be paid by the Service. (i) During the course of negotiating, either party may declare an impasse and request the services of the impasse neutral, or the parties may jointly request those services before declaring an impasse. Except where specified otherwise in this Section, the timetable and process for impasse resolution, including Council review, must follow the timetable and process in Section 33-153. (j) When an impasse is reached, the parties must submit the dispute to the impasse neutral. The impasse neutral must attempt mediation by bringing the parties together voluntarily under conditions that will tend to bring about a settlement of the dispute. (k) If the impasse neutral, in the impasse neutral’s sole discretion, finds that the parties are at a bona fide impasse, the impasse neutral must require the parties to jointly submit all items previously agreed on, and each party to submit a final offer consisting of proposals not agreed upon. Neither party may change any proposal after it is submitted to the impasse neutral as a final offer, except to withdraw a proposal on which the parties have agreed. (l) The impasse neutral may require the parties to submit evidence or present oral or written arguments in support of their proposals. The impasse neutral may hold a hearing at a time, date, and place selected by the impasse neutral. The hearing must not be open to the public. (m) On or before 60 days after either party has requested the services of the impasse neutral, unless that date is extended by written agreement of the parties, the impasse neutral must select the final offer that, as a whole, the impasse neutral judges to be the more reasonable. Any issue decided by the impasse neutral must not be reopened within 3 years unless both parties agree to do so. (n) In selecting a final offer under this Section, the impasse neutral must consider only the following factors: (1) previous negotiated agreements between the parties, including the past bargaining history that led to the agreements; (2) the affordability of all items that will have a significant cost to the Service; (3) effectiveness and efficiency of operations; (4) safety of the public; and (5) the interest and welfare of the public. (o) The final offer selected by the impasse neutral, integrated with any items previously agreed on, is the final agreement between the parties, need not be ratified by any party, and has the force and effect of an agreement voluntarily entered into and ratified. The parties must execute that agreement. (p) The Executive must submit to the County Council for review any element of an impasse neutral’s decision that: (1) requires an appropriation of funds; (2) is inconsistent with any County law or regulation; (3) requires the enactment or adoption of any County law or regulation; or (4) has or may have a present or future fiscal impact. (q) The Council must consider any decision or part of a decision referred to it under subsection (p) and notify the parties within 60 days if it disapproves the decision or part. The Council may extend this time by resolution.

(a) Jurisdiction. Except as provided in subsection (g), the Merit System Protection Board must hear and decide each appeal filed by a volunteer firefighter or rescuer aggrieved by an adverse final action of the Chief or a local fire and rescue department involving the removal, demotion, or suspension of, or other disciplinary action applied specifically to, that individual as if the individual were a County merit system employee. (b) Filing Appeals. Any party covered by this Section may appeal the action within 30 days after the action unless another law or regulation requires that an appeal be filed sooner. An appeal must not stay the disputed action. (c) Procedures. The Executive by regulation must establish procedures for hearing and deciding appeals under this Section. The regulation must specify which categories of appeals may be heard by a hearing examiner or otherwise must be decided on the basis of a written record. The Merit System Protection Board must hear an appeal if it complies with all applicable procedures. If the Board receives more than one appeal involving the same individual personnel action, the Board must consolidate the appeals. (d) Subpoenas. The chair of the Merit System Protection Board or a hearing examiner considering the case may issue a subpoena for the attendance of a witness and the production of any document, and may administer oaths, in any proceeding. The Board or any party to the proceeding may file a petition with any court with jurisdiction to enforce a subpoena as provided by law for the enforcement of subpoenas in a civil action. All provisions of law that compel a person under subpoena to testify apply to proceedings under this Chapter. (e) Depositions. When relevant to any proceeding and for use as evidence, the Merit System Protection Board or a hearing examiner considering the case may allow a party to depose a witness in the manner and on the terms designated by the Board or hearing examiner if: (1) the witness cannot be subpoenaed; or (2) the witness cannot attend a hearing. (f) Appeals of Board decisions. Any aggrieved party may appeal the decision of the Board to any court with jurisdiction under the rules governing appeals from administrative agencies, and may appeal any adverse decision of that court to the Court of Special Appeals. (g) Exceptions. This Section does not apply to, and the Board must not consider an appeal of, a personnel matter subject to an employee grievance procedure under a collective bargaining agreement. “Transition. (a) Regulations. A regulation issued by the Fire and Rescue Commission before this Act took effect [January 1, 2005] continues in effect unless it is inconsistent with Chapter 21, as amended by this Act, but must be treated as having been issued by the Fire Chief or the County Executive, as provided in Chapter 21, as amended by this Act. This Section does not apply to procedural regulations that the Commission is authorized to issue under Section 21-7(c), as amended by this Act. Section 21-7(g) is interpreted and quoted in Kensington Volunteer Fire Department v. Montgomery County, 163 Md. App. 279, 878 A.2d 662 (2005), where the Court held that a volunteer firefighter who seeks review before the Merit System Protection Board of a decision of the Fire and Rescue Commission is entitled to attorney’s fees as if he were a merit system employee.