Sec. 5A-7. Status; incorporation; bylaws.
Montgomery County, Md., Code § 5A-7 (2026)
Sec. 5A-7. Status; incorporation; bylaws.LinkCopy Citation
(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.