The County Council finds that: (a) It is highly desirable for a progressive and informed citizenry to give full value and support to the arts and humanities and their associated activities in order to achieve a better understanding of the past, a better analysis of the present, and a better view of the future. (b) In addition to the dedication and devotion of individuals and groups practicing and studying the arts and humanities, the advancement of these subjects requires assistance and support not only through an atmosphere within the community favoring the free flow of thought, imagination and inquiry, but also through the coordination and availability of material, conditions, and resources facilitating the exchange of meaningful ideas and the expression of creative thought. (c) Many County residents, individual artists, scholars, organizations, and groups concerned with the arts and humanities lack the opportunity to receive needed encouragement, recognition, and support in the formulation, performance, and enjoyment of artistic, humanities, and scholarly goals. (d) Encouraging and supporting the arts and humanities, while primarily a matter for private and community initiative, is also an appropriate concern of the County government. (e) It is necessary and appropriate for the County government to complement, assist, encourage, support, and promote arts and humanities programs, projects and research presented or sponsored by individuals, groups, and organizations, both private and public, within the County. (f) To implement these findings, the County government should encourage and assist the establishment of a nonpartisan Arts and Humanities Council.

In this Chapter, the following words and phrases have the following meanings: Arts and Humanities Council. The nonprofit corporation designated under this Chapter as the County’s arts and humanities organization. Executive Director. Highest-ranking officer, who reports to the board of directors, and who is responsible for the day-to-day management, strategic direction, and operational performance of an organization. Humanities. Modern and classical language; linguistics; literature; history; jurisprudence; philosophy; archeology; comparative religion; ethics; history, criticism, and theory of the arts; historic preservation; humanistic aspects of the social sciences; application of the humanities to the various environments; and education regarding these subjects. The arts. The acts of creating, writing, composing, designing, studying, interpreting, executing, performing, exhibiting, and presenting music (instrumental and vocal); dance; drama; literature; poetry; painting; sculpture; graphics; craft and folk arts; and the selecting and exhibiting of such arts as well as historic memorabilia; photography; industrial design; costume and fashion design; motion pictures; television; radio; puppetry; tape and sound recording; architecture and the construction and conserving of same; publishing, printing, and collection of books, papers and media prints; the history, criticism, theory, and practice of the arts; and the study and application of the arts to the human environment.

(a) A designation under this Chapter expires at the end of the fifth full fiscal year after the effective date of the resolution making the designation, unless the County Council extends the designation by another resolution. (b) At least one year before a designation under subsection (a), the Office of Legislative Oversight must evaluate the performance and effectiveness of the Arts and Humanities Council. The evaluation should include a survey of stakeholders, including artists, arts and humanities organizations, grantees, and members of the public. (c) The County Council at any time may suspend or revoke the designation of a corporation as the County’s Arts and Humanities Council by resolution, adopted after at least 15 days public notice, that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 7 Councilmembers.

(a) Board Composition. The Arts and Humanities Council of Montgomery County must be governed by a Board of Directors consisting of no fewer than 11 and no more than 15 voting members, appointed by the County Executive and confirmed by the County Council. (b) Voting members of the Board of Directors of the Arts and Humanities Council must represent: (1) residents, organizations, and groups recognized for their knowledge of or interest in the arts and humanities; (2) practicing artists and writers, both professional and amateur; scholars and researchers; civic cultural leaders; members of the professions; and other individuals and groups concerned with the arts and humanities; (3) the various disciplines in the arts and humanities; (4) the general public, including ethnic, racial, linguistic, and cultural minorities; and (5) geographic balance regarding where members live or work in the County. (c) Voting members of the board must be residents of, work in, or have strong local ties to Montgomery County. (d) The Arts and Humanities Council must require each officer and Director, and the Executive Director to annually disclose, confidentially and in writing, all activities and interests related to arts and humanities organizations, programs, or funding to the governing Board of Directors for the Arts and Humanities Council. Each officer and Director, and the executive director of the Arts and Humanities Council is a public employee under Sections 19A-11 and 19A-14 for any matter in which the person participates for the Arts and Humanities Council. The Arts and Humanities Council must adopt and apply policies and procedures to ensure that its actions are fair, unbiased, and non-partisan. (e) Ex Officio Voting Members. The County Executive must designate 2 current County employee representatives, including one employee representative of the Department of Recreation, to serve as ex-officio members of the Board, effective upon the effective date of this Act. Ex-officio members must vote and must be counted for quorum. (f) Terms. Each voting member, other than an ex-officio member, serves a 3-year term. Terms shall be staggered so that approximately one-third of the members’ terms expire each year. Members may be reappointed and may serve until a successor is appointed and confirmed. (g) Removal. The County Executive may remove a voting member for good cause, including a violation of law or a violation of the Board’s bylaws, after providing at least 15 days’ notice to the County Council. (h) Compensation. Board members serve without compensation, but may be reimbursed for reasonable and necessary expenses.

(a) Governance and Oversight. The Board of Directors must govern the Arts and Humanities Council and provide independent oversight of its operations, finances, and compliance with applicable laws, contracts, and ethical standards. (b) Executive Director. The Board shall appoint, supervise, evaluate, and, if necessary, remove the Executive Director in accordance with the board’s bylaws and County-approved governance procedures. (c) Fiduciary Responsibility. The Board acts in a fiduciary capacity on behalf of the public interest and must ensure that all County funds and other public funds are used solely for authorized purposes consistent with County agreements and appropriations. (d) Financial and Program Responsibilities. The Board must oversee grantmaking and programmatic activities funded by the County and may secure and administer private-sector funding to support the Board’s activities. (e) Planning and Assessment. The Board must conduct a countywide needs assessment at least once every 2 years and shall adopt and maintain a strategic plan at least once every 5 years. (f) Officers. The Board must elect annually from among its voting members a Chair, Vice Chair, and Secretary.

(a) The Arts and Humanities Council is authorized to: (1) plan and manage special events (which may include arts shows, performances, fairs, festivals, galas, and exhibitions); (2) conduct workshops and seminars related to the arts; (3) solicit funds from the private sector and third parties to support the activities of the Arts and Humanities Council; and (4) undertake any activity authorized pursuant to a contract with the County. (b) On August 31 of each year, the Arts and Humanities Council must report to the County Executive and the County Council regarding its operations, activities, finances, and plans designed to: (1) support, encourage, and promote the arts and humanities in the County, including projects, performance, research, education, information exchange, historic preservation, and other activities that advance the artistic, cultural, and intellectual environment in the County; (2) promote creativity, scholarship, and professionalism in the arts and humanities; (3) provide and coordinate funding for the arts and humanities in the County; and (4) advise local, State, and federal agencies about financial and other needs of arts and humanities programs in the County, including the needs of any underserved or underrepresented populations in the County. (c) On August 31 of each year, the Arts and Humanities Council must report to the County Executive and the County Council on the status of the Public Arts Trust (PAT), including: (1) current PAT fund balance; (2) expenditures from the PAT fund during the prior fiscal year; (3) a list of all works of art purchased with PAT funds during the prior fiscal year; (4) a complete inventory of works of art owned by the County, along with the current condition and location of each piece; and (5) a list of all private donations to the PAT received during the fiscal year. (d) The Arts and Humanities Council must avoid duplication in arts and humanities activities by coordinating Arts and Humanities Council activities with other existing and planned governmental programs and activities. (e) The Arts and Humanities Council must give the County regular and complete financial reports, including an annual independent audit and any accompanying management letter, and any other report required under a contract with the County.

(a) Before the County may contract with the Arts and Humanities Council, the Board must provide a copy of its current articles of incorporation and bylaws to the County Executive and the County Council. The Board must submit to the County Executive and County Council for review and comment any proposed amendment to the articles of incorporation or bylaws, at least 60 days before the Board takes final action on the amendment. The Board must submit a copy of all adopted amendments to the Executive and County Council within 5 working days after adoption. The articles of incorporation and bylaws are subject to all County laws, including those enacted after the County contracts with the organization. (b) Articles of incorporation. To qualify as the County’s Arts and Humanities Council, the corporation’s articles of incorporation must provide for the appointment of the members of its Board of Directors as required under this Chapter. The articles of incorporation also must provide that the corporation is: (1) a Maryland nonprofit, non-stock corporation, the purposes and activities of which are limited to those that are permitted to be promoted or performed by a corporation that is recognized as exempt from federal income tax under 26 U.S.C. § 501, as amended; (2) not an instrumentality of the County; (3) incorporated for the purpose of serving as the County’s Arts and Humanities Council; (4) organized and operated under the laws of the State of Maryland; and (5) headquartered in the County. (c) Bylaws. The Arts and Humanities Council’s bylaws: (1) may contain any provision necessary to govern and manage the Arts and Humanities Council that does not conflict with this Chapter; (2) must require the Arts and Humanities Council to comply with the Maryland Open Meetings Act and the Maryland Public Information Act; and (3) must, consistent with Chapter 19A, require members of the Board to comply with ethical standards, including mandatory: (A) training regarding ethics; (B) disclosures and recusals based on actual or perceived conflicts of interest; and (C) reporting to the County of any violations of ethical requirements.

(a) The Board must meet at least 4 times a year. (b) The Board must meet in public session, except as permitted or required under Maryland law. (c) Board meetings must comply with Maryland Open Meetings Act and the Maryland Public Information Act.

To effectively address the complex needs of the County’s racially, economically, and culturally diverse community and strategically expand access to Arts and Humanities Council resources to underrepresented populations, the Board must adopt and implement a racial equity and social justice policy that applies a racial equity and social justice lens into all aspects of the Board’s operations in alignment with the County’s racial equity and social justice strategic plan. The racial equity and social justice policy must include: (a) a statement of commitment to racial equity and social justice as part of the Board’s core values; (b) active recruitment of potential Board members from diverse backgrounds and outreach to communities of color for consideration by the County Executive and County Council; (c) a formal process to assess Board culture and identify barriers to inclusion in Board participation and leadership; (d) communications and business practices that are tailored to the needs of communities of color and other marginalized communities; (e) a process to identify and address discriminatory or non-inclusive behaviors; (f) organizational policies and procedures that address diversity and inclusion; (g) a process to develop and implement equitable grantmaking; and (h) a clear, realistic, actionable, and measurable commitment to addressing racial equity that is woven into the governance, culture, and membership of the Arts and Humanities Council.