# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 37. Public Welfare.

**Sec. 37-1. Charitable and social relief-Authority to levy tax.**

  The council is hereby authorized and empowered to levy annually a tax on all the property of the county assessed for county tax purposes an amount sufficient for carrying out the following charitable and social relief functions: Extending relief to and providing for the care and maintenance of indigent persons, including care at state or other hospitals; providing public work for the unemployed in times of economic emergency; providing for the care and maintenance of children who are without proper care and guardianship and without adequate support; and other family guardianship and without adequate support; and other family welfare and general charitable and social relief activities.

**Sec. 37-2. Same-Administration; use of private agencies, etc.**

  The county executive may from time to time whenever it may deem it advisable: (1) In administering any such function as provided for in section 37-1 utilize the services of any existing private social welfare agency in the county; and (2) consolidate and place the administration of any and all such functions in any public social welfare agency established by the county or by the state or in any existing private social welfare agency in the county to be designated by the county; provided, that any social welfare agency so utilized, established or designated shall have a qualified professional staff and adequate standards of administration.

**Sec. 37-3. Private welfare agencies-Official designated to serve, etc.**

  If, in carrying out any of such functions as provided for in section 37-1 or 37-2, the county executive utilizes the services of any existing private social welfare agency, such public official as the county executive may designate shall be a member of the managing board or any executive committee of such agency and shall keep the county executive at all times informed as to the manner of expenditure of any public funds by such agency, and such agency shall make an annual report of all its receipts and expenditures to the county.

**Sec. 37-4. Same-Authority to expend funds through.**

  Any sums derived by the county from the levy of taxes as provided for in section 37-1, or from any other source for charitable or social relief purposes may be expended by the council through any social welfare agency availed of, established or designated under section 37-2.

**Sec. 37-5. Authority to make payments to foster homes.**

  The county may make reasonable payments to foster homes in addition to any payments the foster homes receive from any other source to secure adequate provision for the care of children in foster homes.

**Sec. 37-6. Burial expenses of paupers-To be paid by county.**

  Whenever any resident of the county who is a pauper shall die, the expense of his burial shall be paid by the county and the council shall levy in the usual manner and pay such sum as in its discretion shall be a reasonable and fair charge for the services rendered.

**Sec. 37-7. Same-Undertakers' bills to be accompanied by affidavit.**

  Every undertaker or other person presenting a bill for the burial of such pauper shall file with the director of finance an affidavit made by some taxpayer who shall state under oath that he knew the deceased in his lifetime and knows or verily believes that the deceased was, at the time of his death, without means to defray the expenses of his funeral and that the deceased owned or was entitled to no property which could properly be charged with the payment of the costs of his burial.

**Sec. 37-8. Board of Social Services.**

  (a)   Members. The County Executive must appoint a Board of Social Services, subject to confirmation by the County Council.  The Board has 13 voting members.  One member must be a member of the County Council.  Members must not be paid for their service, but may be reimbursed for expenses subject to appropriations.

  (b)   Officers. The Board must elect a chair annually in June.  The Board may elect other officers annually as it finds appropriate.

  (c)   Subcommittees. The Board may establish subcommittees that may include persons who are not members of the Board.  The chair of each subcommittee must be a member of the Board.

  (d)   Meetings. The Board meets at the call of the chair as often as required to perform its duties, but at least 9 times each year.  The Board must also meet if two-thirds of the members request in writing that a meeting be held.  The Chair must give reasonable advance notice of all meetings to members and the general public.  A majority of the members is a quorum to transact business.

  (e)   Bylaws. The Board may establish bylaws to govern its activities.

  (f)   Removal for absenteeism. The provisions of 2-148(c) apply to a Board member when the member is absent from at least 50 percent of Board meetings in a 12-month period.

  (g)   Duties. The Board should:

    (1)   meet and consult with the Executive, or the Executive's designee, about the appointment of the local Director of Social Services before the appointment;

    (2)   advise the local Director of Social Services and the Director of the Department of Health and Human Services about the local application of State policies and procedures;

    (3)   be well informed on social services activities;

    (4)   provide information to County residents about the objectives, policies, programs, and problems of social services and public assistance administration in the County;

    (5)   review the periodic evaluation of the administration of State social services and public assistance programs within the Department of Health and Human Services by the State, and consult with the local Director of Social Services and the Director of the Department of Health and Human Services about implementing recommendations from the State and any other recommendations based on the Board's evaluation;

    (6)   review the annual report of the local Director of Social Services and transmit it with any changes in policies or procedures recommended by the Board to the Secretary of Human Resources, the Executive, and the Council;

    (7)   review and make recommendations about the annual County budget for social services and public assistance;

    (8)   consult with the local Director of Social Services about any new service that could be implemented to meet an unmet need in the County, including whether the County is able to take on the new service, and whether it conforms to the State plan; and present the local Director of Social Services and Board's recommendations for new services to the State;

    (9)   take steps to obtain County funding to meet needs not financed by or available through any other federal, State, or local plan, project, or program, and which are not in conflict with the State plan;

    (10)   meet with the Secretary of Human Resources periodically, or at the Board's request;

    (11)   establish and maintain effective liaison with the Executive and Council;

    (12)   serve as an advocate, in conjunction with the State Department of Human Resources, for social services programs on the local, State, and federal level;

    (13)   work to identify private, State, and federal grant sources for social services programs;

    (14)   develop and implement, in conjunction with the State Department of Human Resources, an educational and public relations program for the public and elected officials on the local, State, and federal level;

    (15)   evaluate the local Director of Social Services, in conjunction with the State Department of Human Resources and County Executive and make recommendations about the local Director of Social Services to the Secretary of Human Resources;

    (16)   meet and consult with the Executive, or the Executive's designee, about the removal of the local Director of Social Services before any removal; and

    (17)   submit an annual report of the Board's activities to the Executive and Council by July 1 each year.