COMCOR — Code of Montgomery County Regulations

The following violations are punishable as civil violations for the amounts specified:

Initial Repeat

Montgomery County Violation Violation

Code Section Offense Fine Fine

Sec. 26-4 Inspections generally; when warrants

required; right of entry of inspectors

and owners $500 $750

Sec. 26-5(a) Kitchen $200 $400

Sec. 26-5(b) Bathroom $500 $750

Sec. 26-5(c) Trash $100 $200

Sec. 26-5(d) Hot water $250 $500

Sec. 26-5(e) Safe egress $500 $750

Sec. 26-5(f) Mobile home egress $500 $750

Sec. 26-5(g) Mobile home foundation $500 $750

Sec. 26-6(a) Lighting $100 $200

Sec. 26-6(b) Ventilation $100 $200

Sec. 26-6(c) Bathroom, light and ventilation $100 $200

Sec. 26-6(d) Electric service $500 $750

Sec. 26-6(d)(1) Electric service - wattage $100 $200

Sec. 26-6(d)(2) Electric service - outlets $100 $200

Sec. 26-6(d)(3) Electric service - fixtures $100 $200

Sec. 26-6(e) Heating facilities $500 $750

Sec. 26-6(e)(1)(a) Central heat - leaks $100 $200

Sec. 26-6(e)(1)(b) Central heat - toxic leaks $500 $750

Sec. 26-6(e)(1)(c) Central heat - electrical connections $100 $200

Sec. 26-6(e)(1)(d) Central heat - installation $500 $750

Sec. 26-6(e)(2)(a) Space heaters - gasoline units $500 $750

Sec. 26-6(e)(2)(b) Space heaters - portable units $500 $750

Sec. 26-6(e)(2)(c) Space heaters - venting $500 $750

Sec. 26-6(e)(2)(d) Space heaters - fire resistant panel $500 $750

Sec. 26-6(e)(2)(e) Space heaters - insulation $500 $750

Sec. 26-6(e)(2)(f) Space heaters - gas connection $500 $750

Sec. 26-6(e)(2)(g) Space heaters - electrical

connection $200 $400

Sec. 26-6(e)(2)(h) Space heaters - installation and operation $500 $750

Sec. 26-6(f) Exitway lighting $100 $200

Sec. 26-6(g) Insect screens/rodent proofing $200 $400

Sec. 26-7 Temperature control $500 $750

Sec. 26-8(a) Foundation, floor, wall, ceiling or roof $200 $400

Sec. 26-8(b) Window, exterior door or basement

hatchway $200 $400

Sec. 26-8(c) Stair, porch or appurtenance $200 $400

Sec. 26-8(d) Pipes and plumbing fixtures $200 $400

Sec. 26-8(e) Bathroom and water closet floor $200 $400

Sec. 26-8(f) Roof drainage $500 $750

Sec. 26-8(g) Wood surface protection $250 $500

Sec. 26-8(h) Paint $100 $200

Sec. 26-8(i) Equipment, utility, and facility

maintenance, installation $500 $750

Sec. 26-8(j) Equipment, utility and facility

disconnection $500 $750

Sec. 26-8(k) Cleaned before occupied $100 $200

Sec. 26-8(l) Repainting interior surfaces $100 $200

Sec. 26-9 Minimum space, use and location

requirements $500 $750

Sec. 26-10(a) Owner: clean; Ch. 48 containers $500 $750

Sec. 26-10(b) Occupant: clean $250 $500

Sec. 26-10(c) Occupant: place rubbish in container $250 $500

Sec. 26-10(d) Occupant: place garbage in container $250 $500

Sec. 26-10(e) Hang screens; extermination $100 $200

Sec. 26-10(f) Occupant: plumbing fixture care $100 $200

Sec. 26-10(g) Occupant: grass and weeds $100 $200

Sec. 26-10(h) Owner: erosion $100 $200

Sec. 26-10(i) Owner: shrubs and trees $200 $400

Sec. 26-10(j) Owner: accessory structures $250 $500

Sec. 26-10(k) Owner: paved and gravel surfaces $250 $500

Sec. 26-10(l) Owner: public nuisance $500 $750

Sec. 26-10(m) Owner: complete exterior construction $500 $750

Sec. 26-10A Security requirements for rental dwelling

units in multiple family dwellings $100 $200

Sec. 26-11 Hostels, boardinghouses, rooming

houses and tourist homes $500 $750

Sec. 26-12 Designation of unfit dwellings and

legal procedure of condemnation $500 $750

Sec. 26-18 Repair or removal of condemned buildings $500 $750

Sec. 26-21 Smoke detectors $500 $750

Sec. 26-23 Minimum standards for

non-residential property $500 $750

Each part of this regulation is severable in that if any provision, clause, sentence, section, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such determination does not affect or impair any remaining part of this regulation or its application to other person or circumstance.

Under the authority granted to the County Executive in Section 2A-14, of the Montgomery County Code, 1984, as amended, the following Executive Regulation applies to civil fines imposed for civil violations in amounts less than those provided in Section 1-19 of the Montgomery County Code, 1984.

It is the intent of these regulations to provide for civil fines in amounts as stated in 01.19.02.04 of this regulation and less than the maximum provided for in Section 1-18, Civil Fines and Procedures, (c) "Amount of Fine."

Such lesser fines stated in 01.19.02.04 of this regulation apply only in those cases where they are specifically enumerated. Where no such lesser amount appears the amount of fine will be stated in Section 1-19 of the Code.

The following designated fines are in force for the following violations:

Department of Police

Initial Repeat

Montgomery County Violation Violation

Code Section Offense Fine Fine

Chapter 7 - Bicycles

Sec. 7-12 Bicycle Registration $ 10 $ 20

Chapter 23 - Gaming

- for participants $100 $200

Chapter 32 - Offenses

Sec. 32-7 Fortune Telling $ 25 $ 50

Sec. 32-8 Handbills $ 10 $ 20

Sec. 32-12 Injury to Public Property $ 50 $100

Chapter 47 - Solicitors, Hawkers, & Peddlers $ 25 $ 50

Sec. 47-6 through 47-20

Chapter 57 - Firearms

Sec. 57-3 Discharge in urban area $ 50 $100

Sec. 57-4 Discharge near highway or buildings $100 $200

The provisions of this regulation are severable. If a court holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.

This is senior staff level work dedicated to facilitating the approval process of commercial and residential development projects deemed high priorities by the County and to resolving conflicts that arise related to the entitlement process, permitting, and general regulatory procedures. The position is located in the Offices of the County Executive. As this is a non-merit position within Montgomery County Government, the employee will be appointed by the County Executive and confirmed by the County Council. The employee reports to the Chief Administrative Officer (CAO). Key responsibilities of the position include:

• Acting as a facilitator for commercial and residential development projects, by working as an intermediary to address challenges, issues and concerns during development;

• Promoting regulatory efficiency, accessibility, transparency, predictability and consistency across agencies and departments both internal and external to County Government; and

• Serving as a catalyst by identifying systemic challenges in the entitlement process, permitting, and general regulatory procedures;

• Facilitating with the agencies and departments to make necessary changes that bring about tangible improvements that save both time and costs.

The work is primarily sedentary, performed primarily in office settings subject to usual everyday risks, although the employee may make occasional on-site visits to various on-going development projects.

• Assists with the process of obtaining commercial and residential real estate development approvals and permits necessary for construction by acting as a problem-solving liaison between the County and State agencies and those affected by their rules and processes.

• Brings systemic concerns to the attention of the County leadership for resolution.

• Recommends improvements in procedures and processes to agencies and the County Executive.

• Facilitates communication and coordination between the public, individuals, groups, businesses and various County and State agencies (e.g., WSSC, M-NCPPC, SHA, DEP, MMCDOT, MDOT, MDE, MHT, DBED and DPS).

• Works across government agencies to address systemic problems and reduce regulatory burdens while promoting transparency and predictability regarding regulatory activity, consistency of business regulation within the County, and appropriate flexibility.

• Works to ensure that the regulatory burden is the minimum necessary to achieve the statutory objective.

• Extensive knowledge of the principles and practices of land development, construction, and master planning (i.e., transportation needs, resource protection, and public facilities) and current issues affecting building and land regulation and development.

• Knowledge of the County’s real estate regulatory processes and real estate development matters.

• Knowledge of infrastructure matters related to development projects including financing permitting and capital project schedules.

• Skill in identifying, analyzing and evaluating information concerning highly complex and often politically sensitive technical and conceptual information.

• Skill in negotiating agreements which accommodate the conflicting interests and viewpoints of numerous groups and organizations.

• Ability to express facts, conclusions and recommendations clearly and concisely, both orally and in writing.

• Ability to establish and maintain effective working relationships with government and elected officials, community and business groups, builders and developers.

• Ability to provide high level subject matter input, expertise, and advice regarding the development of land use planning policies.

• Ability to attend meetings and perform work assignments at locations outside the office.

Experience: Seven (7) years of progressively responsible experience involving development review, permitting, zoning, economic development, community planning, and land use planning processes, monitoring and tracking, three (3) years of which are in a supervisory or executive capacity.

Education: Possession of a Bachelor’s Degree from an accredited college or university in real estate, engineering, business administration, construction management, architecture, economics, urban planning or in an appropriate planning specialization or related field.

Equivalency: An equivalent combination of education and experience may be substituted.

Medical History Review

None

Medical History Review

June 1995

This is supervisory and administrative work directing Aging and Disability Services operations within the Department of Health and Human Services. The employee in this position will be appointed by the County Executive and confirmed by the County Council. This is a non-merit position within the Montgomery County Government. The position reports directly to the Director of the Department of Health and Human Services. Key responsibilities of the position include providing oversight and leadership of Aging and Disability Services program operations; membership on the Department's management team, which oversees and ensures a fully integrated public health and human services system which is customer friendly, fiscally and programmatically effective. The Chief, Aging and Disability Services promotes collaboration with and among public and private agencies in order to address the needs of the aging and disabled.

None.

Medical History Review

June 1995

This is senior level policy and administrative work developing and directing the planning, funding and implementation of services to end and prevent homelessness within the Department of Health and Human Services (HHS). The employee in this position will be appointed by the County Executive and confirmed by the County Council. This is a non-merit position within the Montgomery County Government. The incumbent of this position reports directly to the Director of the Department of Health and Human Services. Key responsibilities of the position include providing oversight and leadership to the County’s efforts to develop new and innovative housing models to serve special populations; membership on the Department’s management team, which oversees and ensures a fully integrated public health and human services system which is customer friendly, and fiscally and programmatically effective. The Chief, Services to End and Prevent Homelessness, promotes collaboration with and among public and private agencies in order to address the County’s plan to remedy and prevent homelessness and increase the development of supportive and affordable housing for special populations.

The work requires expert application of advanced professional human services principles and theories combined with advanced management principles and practices: to determine the nature, scope, and resolution of long-standing, intractable problems related to homelessness and supportive housing; to develop and gain intra-departmental approval of major, innovative policy initiatives; and, to conduct visionary, long range, inter- and intra-departmental planning to secure funding and develop alternative housing options. The position carries significant authority to make decisions and commitments on behalf of the Department of Health and Human Services that support implementation of major policy initiatives and plans. The incumbent works closely with a broad range of individuals including elected and appointed officials, State and federal government officials, executives of public and private organizations, and representatives of housing and homeless advocacy groups.

None.

Medical History Review.

This is supervisory and administrative work directing Behavioral Health and Crisis Services operations within the Department of Health and Human Services. The employee in this position will be appointed by the County Executive and confirmed by the County Council. This is a non-merit position within the Montgomery County Government. The incumbent of this position reports directly to the Director of the Department of Health and Human Services. Key responsibilities of the position include providing oversight and leadership of Behavioral Health and Crisis Services program operations consistent with the County Council's Health and Human Services Policy; membership on the Department's management team, which oversees and ensures a fully integrated public health and human services system which is customer friendly and fiscally and programmatically effective. The Chief of Behavioral Health and Crisis Services promotes collaboration with and among public and private agencies in order to address crisis, mental health, and substance abuse needs.

Plans, leads, and supervises staff activities in implementing the core Behavioral Health and Crisis Service functions of assessment, policy development, education, and quality assurance.

Promotes and fosters partnerships with public and private agencies in order to assure a coordinated system of Behavioral Health and Crisis Services.

Assures the effectiveness of Behavioral Health and Crisis Service programs and policies through conducting evaluations and assessing customer feedback.

Assures effective fiscal and management controls.

Ensures the provision of adequate and relevant staff training.

Assists the Director in the development and implementation of an integrated health and human services system.

Maintains communications and represents Behavioral Health and Crisis Services to clients, the general public, and to federal, State, and local agencies and officials.

Ensures that employees at all levels are encouraged to participate in program and policy development.

Performs other related duties as required.

Experience: Seven years of progressively responsible professional experience in organizational management or in behavioral health and crisis service programs, four years of which were in a supervisory or executive capacity.

Education: Graduation from an accredited college or university with a Master's Degree in a public health, human services, or public administration field.

Equivalency: An equivalent combination of education and experience may be substituted.

Knowledge, Skills, and Abilities:

Extensive knowledge of behavioral health and crisis principles and issues, and of developments in the mental health and public health regulatory fields.

Thorough knowledge of, and commitment to customer service and client-focused service delivery.

Ability to lead, plan, implement, and evaluate behavioral health and crisis programs and services.

Ability to establish collaborative and cooperative approaches to achieving goals.

Ability to establish and maintain effective and cooperative working relationships with management staff, interdisciplinary team members, representatives of public/private and community groups, elected officials, and general public.

Ability to attend meetings or perform other assignments at locations outside the office.

None.

Medical History Review.

This is executive level, policy-making work in the area of transportation management which reports to and carries the full authority of the Director, Department of Transportation. This is an appointed, non-merit position in the County Government responsible for policy development as well as operational management activities for the Department. An employee in this position is expected to solve complex, politically sensitive problems associated with transportation issues utilizing negotiation and human relations skills. This position serves as both the personal representative of the Director and as the Department's Deputy Director with operational and policy-making authority over all principal offices, divisions, and programs in that Department. Key responsibilities include examining issues and problems relating to transportation, and developing responsive and fiscally sound policies for the Department's programs which impact on a variety of public, private, and community interests and operations. The work involves the planning, development, and implementation of County Government transportation programs which are essential to the County Government's mission and affects large numbers of people throughout the County.

Directs and actively participates in the development of transportation policy for Montgomery County and the examination of numerous diverse and complex issues and problems directly related to transportation management.

Meets with and makes verbal and written presentations before appointed and elected officials, community organization and private sector business representatives, and officials of both regulatory and non-regulatory local, State and Federal Government agencies.

Develops and oversees administration of Department-wide policies and procedures which govern the actions taken by subordinate management and supervisory personnel.

Directs and actively participates in the development and presentation of the Department's Operating Budget request, and manages the Department's approved Operating Budget. Provides recommendations concerning the Department's Capital Improvement Program Budget request.

Assigns work to Division Chiefs, forms and leads tasks forces and committees and evaluates work products - e.g., results of efficiency and productivity studies.

Directs all Department procurement, contracts administration, and personnel management activities.

Works and negotiates with Department Directors and executive level managers and appointed officials of other State and local government agencies as well as community/civic organization leaders to resolve the most difficult transportation management situations.

Directs the coordinated analysis of and response to multi-divisional issues, e.g., review and analysis of Master Plans, Sector Plans, proposed legislation, etc.

Makes presentations to high level County officials which serve as the basis for formulating Executive Branch long range transportation policy and planning.

Serves as the spokesperson for the Department of Transportation by responding to inquiries from the press, the County Council, other local and State government officials, and citizens.

Serves as the Department Director in the Director's absence.

Performs other related duties.

Experience: Extensive (7 years) and diversified executive level transportation planning/management experience.

Education: Bachelor's degree in either civil engineering or transportation planning/management from an accredited college or university.

Equivalency: An equivalent combination of education and experience may be substituted.

Knowledge, Skills and Abilities:

Extensive knowledge of modern transportation management principles, concepts and accepted practices.

Skill in identifying, analyzing and evaluating information concerning highly complex and often politically sensitive transportation related issues.

Ability to express facts, conclusions and recommendations clearly and concisely, both orally and in writing.

Ability to plan, set priorities and organize numerous work assignments which are both self- accomplished and achieved by subordinate managers.

Ability to work tactfully and effectively with elected/appointed officials, union representatives, employees, supervisors and managers, community and civic organization leaders and members, and representatives of the private business sector.

Ability to independently perform field investigations and inspections in all types of environmental conditions.

Ability to attend meetings and perform work assignments at locations outside the office.

Core Exam

This is management-level and administrative work directing the daily operation of the Animal Control and Humane Treatment organizational unit and enforcement of animal control laws and regulations. This is an appointed, non-merit position in the County Government responsible for policy development as well as operational management activities for the Division. Under the immediate direction of the Chief of Police, the employee in this class plans, develops, implements, and evaluates animal control and treatment policies and programs by directing subordinate supervisors to: enforce the animal control provisions of County law; control the spread of rabies; provide for dog and cat licensing; conduct programs to control the animal population; carry out animal cruelty investigations; and administer the contract for the operation of the Animal Shelter. The position also provides all staff support to the Animal Matters Hearing Board. Examples of Duties.

Limited Core Exam.

29

This is a senior management level, policy-making position in the area of marketing, promotion and media relations involving County economic development. The position reports to, and carries the full authority of the Director, Department of Economic Development. The employee in this non-merit position will be appointed by the County Executive and confirmed by the County Council. Key responsibilities of the position include policy development, as well as operational management activities for the Department's marketing program; examining issues and problems relating to the County's business image; developing responsive and fiscally sound policies and activities, to enhance the image and business' awareness of the County's locational advantages for business relocation and expansion; and managing and coordinating the implementation of marketing and promotional activities.

$46,666 - $78,110.

This is senior management level work directing the daily operations of the Volunteer Fire and Rescue Services Division and performing administrative duties relating to volunteers in the fire and rescue service. This position reports to the Fire Administrator and serves in the Integrated Emergency Command structure at a level equivalent to the authority of the fire and rescue chief of a local fire and rescue department. The employee in this non-merit position is appointed by the County Executive and confirmed by the County Council. The employee in this class is responsible for promoting the integration of the activities of volunteer and career firefighters and rescuers, and promoting volunteer recruitment and retention. In addition, employee is responsible for assisting local fire and rescue departments in training, risk management, apparatus use and maintenance, budget preparation and fon-nulating departmental policy and recommendations to the Commission and monitoring legislative and regulatory actions involving volunteer activities and informing affected groups.

M1.

This is senior level management work directing, coordinating and managing the administrative and operational activities of one of the five bureaus within the Police Department. This position reports to the Chief of Police. The employee in this non-merit position is appointed by the County Executive and confirmed by the County Council. The employee in this class is responsible for ensuring the delivery of police services to the citizens of the County as well as providing leadership, direction and support to Police Department personnel. Employee is responsible for designing, developing and implementing Police Department policies, strategies and programs that directly impact the participants and communities within the County, and explaining initiatives to employees, citizen and business groups and government representatives to gain understanding and support.

Represents the County government and Chief of Police in various forums concerning controversial and sensitive police matters by explaining the County's goals and objectives, responding to questions, misunderstandings and apprehension, and gaining the support of groups being addressed.

Manages a large organizational unit by assigning work priorities to subordinate units in response to organizational needs; overseeing the development and implementation of County, Department and unit operating and administrative procedures and memoranda of understanding with other agencies.

Sets standards for individual and organizational unit performance and coordinates evaluations, and any disciplinary action within appropriate County, collective bargaining and departmental policies and procedures.

Provides research, advice and recommendations to the Chief on a variety of police issues and concerns in order to develop new and innovative solutions, programs, policies and procedures.

Works with other departments of County Government, outside agencies and community and business leaders and organizations to address and resolve work problems, coordinate work efforts, develop partnerships and programs, and present and clarify the County and Department's position on issues and operations.

Oversees preparation and administration of organization's operating budget, including providing testimony before the County Executive and County Council.

Reviews and approves correspondence and reports prepared by subordinate employees for signature of the Police Chief.

Acts in the absence of the Police Chief.

Performs other related duties including those of sworn officers generally.

Experience: At least seven (7) years of progressively responsible leadership experience in police work, five (5) years of which was in a management level capacity (Lieutenant or above), one (1) year of which was at a level of Police Captain or equivalent with the Montgomery County Police Department or other jurisdiction.

Education: Possession of a Bachelor's Degree from an accredited college or university.

Equivalency: Equivalent experience may be substituted for education.

Knowledge, Skills and Abilities:

Knowledge of modern management and supervisory principles and practices.

Knowledge of legislation and developments in the field of law enforcement including police administration, patrol techniques, criminal investigations, crime prevention and the criminal justice system.

Ability to plan, organize, coordinate, lead and otherwise direct large scale and complex police projects and programs and to resolve administrative and operational issues.

Ability to establish and maintain effective working relationships with other County officials and Federal and State officials, civic and business leaders, union representatives and the general public, particularly in situations where competing and conflicting concerns, interests, goals and/or objectives require both understanding and resolution.

License:

Possession of a valid motor vehicle operator's license.

MD Police Certification or ability to obtain certification within six (6) months of appointment may be required. Failure to obtain certification within six (6) months could result in termination.

This is senior level management work directing the Go Montgomery Program. Under the supervision of the Director of the Department of Public Works and Transportation, the position is responsible for planning, developing, implementing and evaluating programmatic policies and strategic/tactical plans that are designed to accomplish broadly defined objectives. As a non-merit position within Montgomery County Government, the employee will be appointed by the County Executive and confirmed by the County Council. In the capacity of an executive manager in the Department of Public Works and Transportation, the position will work closely with a broad range of individuals including elected and appointed officials, State and Federal Government officials, executives of public and private organizations, as well as management personnel in Montgomery County Government and representatives of civic organizations or other similar public entities to articulate and promulgate the development, implementation and administration of the Go Montgomery Program.

The work requires mastery of a comprehensive professional or administrative field and expert application of advanced level management principles to conduct strategic, visionary, long range planning; to establish and implement innovative concepts; to determine on own authority or in consultation with supervisor, such matters as organizational structure, methods and processes; the allocation of major resources; or the resolution of unprecedented problems involving adjustments in work effort, service levels or resource requirements. The employee has complete responsibility and accountability for the achievement of established objectives, works with little or no technical guidance and is vested with the authority to independently commit resources within established budgetary guidelines. The work outcome has a significant impact on the general population of the County.

Medical History Review.

This is supervisory and administrative work directing Public Health and Services operations within the Department of Health and Human Services. The employee in this position will be appointed by the County Executive and confirmed by the County Council. This is a non-merit position within the Montgomery County Government. The incumbent of this position reports directly to the Director of the Department of Health and Human Services. Key responsibilities of the position include providing oversight and leadership of Public Health Services program operations consistent with the County’s Health and Human Services Policy; membership on the Department’s management team, which oversees and ensures a fully integrated public health and human services system which is customer friendly and fiscally and programmatically effective. The Chief of Public Health Services promotes collaboration with and among public and private agencies to address crisis and public health related needs.

Plans, leads, and supervises staff activities in implementing the core Public Health Service functions of assessment, policy development, education, and quality assurance.

Promotes and fosters partnerships with public and private agencies to assure a coordinated system of Public Health Services.

Assures the effectiveness of Public Health Service programs and policies by conducting evaluations and assessing customer feedback.

Assures effective fiscal and management controls.

Ensures the provision of adequate and relevant staff training.

Assists the Director in the development and implementation of an integrated health and human services system.

Maintains communications and represents Public Health Services to clients, the general public, and to federal, State, and local agencies and officials.

Ensures that employees at all levels are encouraged to participate in program and policy development.

Performs other related duties as required.

Experience: Seven years of progressively responsible professional experience in organizational management or public health service programs, four years of which were in a supervisory or executive capacity.

Education: Graduation from an accredited college or university with a Master’s Degree in public health, human services, or public administration field.

Equivalency: An equivalent combination of education and experience may be substituted.

Knowledge, Skills, and Abilities:

Extensive knowledge of public health principles and issues, and developments in the public health regulatory fields.

Thorough knowledge of and commitment to customer service and client-focused service delivery.

Ability to lead, plan, implement, and evaluate public health programs and services.

Ability to establish collaborative and cooperative approaches to achieving goals.

Ability to establish and maintain effective and cooperative working relationships with management staff, interdisciplinary team members, representatives of public/private and community groups, elected officials, and the general public.

Ability to attend meetings or perform other assignments at locations outside the office.

None.

Medical History Review.

This is senior management level work directing the daily operations of the Division of Volunteer Services and performing administrative duties as part of the Montgomery County Fire and Rescue Service management team. The employee reports to the Fire Chief and 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. This position serves in the Integrated Emergency Command structure at a level equivalent to the authority of the Chief of the Division of Fire and Rescue Operations. The employee in this non- merit position is appointed by the County Executive and confirmed by the County Council. The employee in this class serves as the highest ranking volunteer officer in the County and coordinates the operations and administration of volunteer personnel and local fire and rescue departments. The employee is responsible for promoting the integration of the activities of volunteer and career firefighters and rescuers, and promoting volunteer recruitment and retention. In addition, the employee is responsible for assisting local fire and rescue departments in training, risk management, apparatus use and maintenance, budget preparation and formulating departmental policy and recommendations to the Chief, and monitoring legislative and regulatory actions involving volunteer activities and informing affected groups.

Core I Exam*

(*Successful completion of most recent physical examination and drug screen as required.)

This is senior management level, policy-making position in the area of providing county-wide leadership, guidance, and direction in the formulation of County policies, practices, and short and long range economic development strategies addressing the unique needs of the minority, female, and disabled persons business community within the County and will assure that these needs are reflected as the County develops and implements its comprehensive economic development strategy. The position advises the County Executive in these matters and reports to the Director, Department of Economic Development. The employee in this non-merit position will be appointed by the County Executive and confirmed by the County Council.

The employee will operate within an overall framework of County economic development principles, goals, and objectives, including those related to procurement, workforce training and education. Key responsibilities of the position include establishment and utilization of social and cultural resources within the County. The employee will head the Minority, Female, and Disabled Persons Business Affairs activities of the Department of Economic Development.

None

Medical History Review

This is senior level staff and administrative work directly supporting the County Executive and Chief Administrative Officer by supervising the Office of Community Partnerships and coordinating all community relations and outreach activities for the County Executive. As the incumbent of a non-merit position within Montgomery County Government, the employee will be appointed by the County Executive and confirmed by the County Council. A key element of the work of this position is developing publicly responsive and fiscally sound recommendations and solutions to high profile, politically sensitive issues and situations.

An employee in this class manages and coordinates the County Executive’s community outreach activities including, but not limited to, developing policy for creating partnerships between the community and the County government; planning and implementing community partnership programs; identifying and communicating the community’s needs and concerns to the County Executive; and assessing, coordinating, and facilitating the delivery of County government services to the community. Contacts are with individuals and groups within and outside the County government, including elected and appointed officials, department heads and other managers, community, civic, and business leaders, advisory boards and committees, and representatives of Federal and other local government agencies. The complexity of the work is characterized by a wide range of activities involving new, unprecedented issues that require extensive analysis.

Meets with community, business, and civic leaders to exchange information, identify community needs, facilitate service delivery, and achieve consensus among community representatives with divergent interests.

Promotes communication with community leaders and organizations to improve and enhance delivery of services.

Identifies, analyzes, and develops recommendations to address problems and issues associated with County government and community leaders.

Advises the County Executive, County Council members, and other County government officials on the status and impact of County policies, programs, and services and highlights potential problems and issues that should be addressed.

Maintains close and open communication with County Council members.

Coordinates functions with the County Executive, Chief Administrative Officer, department heads, Regional Services Center Directors, and other senior County government staff to effect timely delivery of services and responses to citizen requests or inquiries. Works with department management and other County government staff to exchange information, develop initiatives, and resolve problems associated with County government programs having community impact.

Represents the County Executive before community, business, civic, and public interest groups, and on interagency and intergovernmental task forces concerning County government-related programs and issues.

Develops an annual report on County government programs that impact the community and assesses data on program efficiency.

Manages the budget of the Office of Community Partnerships.

Performs related duties as required.

Experience: Extensive (7 years) professional administrative experience in the area of public relations or program management in appropriate fields.

Education: A Bachelor’s Degree in Public or Business Administration, or a related field.

Equivalency: An equivalent combination of experience and education may be substituted.

Extensive knowledge of the principles and techniques of planning, formulating, analyzing, and implementing management and programmatic policies and strategies.

Extensive knowledge of program areas relating to the County government and their impact on the community.

Skill in negotiating agreements, defending positions, and presenting information to public and private sector leaders.

Skill in conducting or directing program evaluation/management studies and analyzing complex policy issues having public impact.

Skill in developing consensus and team building.

Ability to analyze community problems and develop sound and appropriate recommendations.

Ability to effectively communicate.

Ability to work independently and exercise tact and judgment in dealing with community groups.

Ability to promote and maintain good working relationships with management staff and representatives of public and private organizations.

Ability to attend meetings and perform assignments at locations outside the office.

Medical History Review.

This is senior level technical and administrative work which involves planning, developing, coordinating and implementing special projects within the Office of the Chief Administrative Officer. As this is a non-merit position within Montgomery County Government, the employee will be appointed by the County Executive and confirmed by the County Council. Key responsibilities of the position include providing oversight and leadership for the County’s efforts on key new initiatives and special projects and the improvement of customer services within the Department. The incumbent will also serve as a project manager and/or task force leader to study issues and implement actions in a variety of programmatic and management areas across the County government.

The work requires mastery of a comprehensive professional or administrative field and expert application of advanced level management principles to conduct strategic, visionary, long range planning; to establish and implement innovative concepts; to determine and advise on such matters as methods and processes, the allocation of major resources, or the resolution of unprecedented problems involving adjustments in work effort, service levels, or resource requirements. The employee has complete responsibility and accountability for the achievement of established objectives and works with little or no technical guidance. The work outcome has a significant impact on the general population of the County.

The work is primarily sedentary, performed primarily in office settings, and subject to usual everyday risks.

Plans, leads and oversees the development of policy on a variety of projects and provides analyses on numerous diverse and complex issues/problems.

Organizes and/or leads committees to develop recommendations in a variety of diverse areas and provides advice on budget, program proposals and other matters.

Works with executive level managers and appointed officials of other State and local government agencies on selected, sensitive local and regional issues.

Coordinates special projects and customer service initiatives that involve multiple public/private entities and assists in the implementation of these projects.

Performs special ad hoc assignments, researches issues, oversees studies, and provides analyses on issues and develops management recommendations.

Serves as project manager, committee chair, or task force leader to implement special projects.

Performs related duties as required.

Experience: Seven years of progressively responsible management and administrative experience involving program operations, evaluations, analysis or similar activities, four years of which are in a supervisory or executive capacity.

Education: Possession of a Master’s Degree from an accredited college or university in business, business administration, or public administration or in an equivalent field.

Equivalency: An equivalent combination of education and experience may be substituted.

Knowledge of management practices and principles

Knowledge of local government functions and organizations.

Knowledge of Capital Improvements budgeting and programming, Operating budgeting and programming and related fiscal matters.

Skill in planning, developing, implementing and administering a broad range of public services across divisional and departmental lines.

Skill in negotiating agreements, a collective position, etc., in support of the execution of the program objective.

Ability to communicate effectively, orally and in writing, in a clear and concise manner.

Ability to establish and maintain effective working relationships with other governmental agencies, private organizations and the general public.

Ability to develop, present and defend program measurements related to the program.

Ability to attend meetings and perform work assignments at locations outside the office.

Medical History Review.

This is high level staff work directly supporting the Chief Administrative Officer and County Executive by carrying out a variety of assignments and functions in the executive branch of the County Government. As the incumbent of a non-merit position within Montgomery County Government, the employee will be appointed by the County Executive and confirmed by the County Council. Contacts include the County Executive, Chief Administrative Officer, elected County Councilmembers and their senior staff, department and agency directors, division chiefs, officials from other government jurisdictions, corporate officers representing private sector companies, and representatives of public and private groups for the purpose of presenting, justifying, or defending policies and issues affecting the County Government.

An employee in this class provides staff support and advice to the County Executive or Chief Administrative Officer in designated functional or policy areas. Employees in this class also serve as project managers and task force leaders to study issues and implement actions in a variety of programmatic and management policy areas. The work involves developing major County policy option or issue papers, coordinating urban redevelopment projects, analyzing and making recommendations on proposed County legislation, assisting in preparation and development of new County legislation, and performing a variety of ad hoc special assignments for the Executive Branch. Assignments are stated in terms of broadly defined functions and areas of responsibility. The employee plans, designs, and carries out major projects, studies, or other work independently with little or no technical guidance. The work project or service is generally considered technically authoritative. The employee uses considerable judgment to interpret stated and written guidelines and to develop new criteria to evaluate programmatic issues or propose new management policies. The complexity of the work is characterized by a variety of duties that must be applied to new and unprecedented assignments and activities requiring extensive analysis. The work involves isolating and defining unknown or unprecedented conditions and developing new criteria to evaluate the effectiveness and efficiency of County Government programs and processes. The work also involves developing policy recommendations impacting major programmatic and management functions in the County government.

The work takes place in a normal office environment and involves no significant hazards or physical demands. Most employees in this class supervise staff by assigning and reviewing work, setting work standards, and acting on a variety of personnel matters affecting these employees.

Coordinates, reviews, and prepares administrative procedures, executive regulations, and official testimony to ensure the appropriateness of the content prior to official issuance, and has signature authority for various administrative and legal documents.

Directs the preparation of responses to selected correspondence, including interdepartment coordination, on multiple issues for the County Executive’s or Chief Administrative Officer’s signature.

Assists in the development, preparation, and review of all County legislation for the Executive Branch and provides liaison to departments and agencies.

Provides advice and recommendations to the County Executive, Chief Administrative Officer, or other senior County officials regarding methods to implement public policy decisions affecting broad County Government operations or programs.

Resolves or mediates issues involving controversy between citizens and proposed or current government activity.

Organizes and works with interagency committees to develop policy documents and recommendations in a variety of functional areas and provides advice on budget, program proposals, and other matters affecting these areas to the County Executive or Chief Administrative Officer.

Serves as legislative liaison for the Executive Branch and is responsible for communicating, researching, monitoring, analyzing, and advising on legislative issues and County Council activities.

Coordinates special projects such as urban redevelopment activities or programs and serves as project manager to oversee project implementation.

Performs citizen or community outreach services and coordinates the County Government’s responses to public inquiries.

Coordinates office staff activities, office automation services, and information retrieval and referral services for the Offices of the County Executive and Chief Administrative Officer.

Performs special, ad hoc assignments such as researching issues, conducting studies, performing analyses, and developing recommendations on a variety of management and policy issues.

Serves as project manager, committee chair, or task force leader to implement projects or study issues, as requested.

Performs related duties as required.

Experience: Extensive (6 years) professional administrative and/or high level staff experience involving program evaluation, management analysis, program management, or similar activities.

Education: Graduation from an accredited college or university with a Master’s degree in Public or Business Administration or related fields.

Equivalency: An equivalent combination of experience or education may be substituted.

Extensive knowledge of the principles, practices, and techniques of planning, formulating, analyzing, and implementing management and program policies and strategies.

Extensive knowledge of multiple major County Government program areas.

Skill in negotiating agreements with government and private sector organizations.

Skill in oral and written communication sufficient to develop defenses of, and justification for, recommended courses of action.

Skill in conducting or directing program evaluation and organizational management studies, and analyzing complex policy issues, organizational structures, and management problems.

Skill in managing medium to large scale projects involving coordination of multiple departments or agencies.

Ability to deal with people tactfully, effectively, and equitably.

Ability to attend meetings and perform assignments at locations outside the office.

Medical History Review.

This is executive-level work directing the operation of a regional government services center. A Director of a Regional Services Center assesses, coordinates, and facilitates the delivery of public services in a geographical region of the County and provides recommendations to resolve problems and develop public policy affecting the region. As this is a non-merit position within Montgomery County Government, the employee will be appointed by the County Executive and confirmed by the County Council. Principal contacts are with elected and appointed officials and senior staff of the County government, civic and business leaders in the community, appointed advisory boards and committees, and officials and staff of County-funded agencies, local municipalities, and State and Federal agencies.

This position is responsible for managing the staff and operations of a Regional Services Center. Assignments are varied and work is characterized by conflicting requirements and competing priorities that are of interest or concern to the community and the County. This work requires a thorough understanding of the organization, operation, philosophy, and priorities of the Montgomery County government; the organization and operation of other public agencies; and the physical, demographic, and economic characteristics of the region and public and private sector programs and services. Work is performed independently under broad administrative supervision with some assignments coming directly from the County Executive or Chief Administrative Officer, while other work is generated by employee through the process of identifying community needs. Assignments are stated in terms of broadly defined missions or functions with little technical guidance or specific strategies. Work is reviewed by the Chief Administrative Officer through reports, conferences, and observation of results. An employee in this position may seek guidance from the Chief Administrative Officer on problems or issues that may be politically sensitive or controversial. The work affects civic and business leaders in the community, appointed advisory boa5rds and committees, officials and staff of County-funded agencies, local municipalities, and State and Federal agencies operating in the community.

The work is primarily sedentary, performed primarily in office settings, and subject to usual everyday risks.

Exchanges information concerning community needs and problems with community groups, private sector organizations or businesses, and State and Federal agencies.

Works with Citizens Advisory Board and other business and civic leaders as a representative of the County Executive and County.

Advises the County Executive, County Council members, Chief Administrative Officer, and other County government officials on the status and impact on the region of public policies, programs, and services and advises on potential problems or issues which will need to be addressed.

Identifies and assesses community needs, concerns, and gaps in services, taking appropriate action in cooperation with department directors to resolve problems or recommend appropriate action to the Chief Administrative Officer.

Maintains close and open communication with County Council members, including adherence to any Memorandum of Understanding that may exist between the County Council and the County Executive.

Directs and oversees operation of the Regional Services Center, supervises administrative staff, develops and monitors budget, and oversees and coordinates program activities with other departments and agencies.

Decides on programs and services to be located at the Center and serves as administrative manager of the physical facility.

Mediates major regional conflicts that may occur between community groups, business groups, and County government.

Establishes and maintains, on behalf of the County Executive, regular communication channels with local citizen associations.

Initiates and supports community identity projects, such as cultural fairs, neighborhood festivals, or business/civic trade fairs

Represents the County government before business, community, and civic groups and on interagency and intergovernmental task forces to address regional problems or issues.

Directs the staff and operations of a related satellite center and plans, develops, and evaluates the programs and activities at the center.

Convenes and provides primary staff support for Site Evaluation Committees charged with finding and evaluating sites for County capital facilities, such as recreation and community centers, fire stations, and police stations.

Performs related duties as required.

Experience: Extensive (7 years) professional administrative and/or high level staff experience involving public relations, program evaluation, management analysis, program management, or similar activities, 4 years of which must have been in a supervisory or administrative capacity.

Education: Graduation from an accredited college or university with a Master’s degree in Public or Business Administration or related fields.

Equivalency: An equivalent combination of education and experience may be substituted.

Current and thorough knowledge of principles and practices of management, public policy formulation, public administration, and finance.

Extensive knowledge of the principles and practices of community and economic development, community planning, land use planning processes.

Extensive knowledge of the organizations and operations oft Montgomery County government.

Ability to analyze community problems, identify key issues in a complex situation, and develop sound and appropriate recommendations.

Ability to establish and maintain effective working relationships with government and elected officials and community and business groups.

Ability to facilitate and develop public/private partnerships.

Extensive skills in oral and written communication in order to effectively present “the big picture” to competing factions, to frame issues, and encourage public debate.

Knowledge of budget and financial control, human resource management, procurement, and other administrative functions.

Skill in negotiating agreements that accommodate the conflicting interests and viewpoints of numerous groups and organizations.

Skill in timely and responsive decision making; involving appropriate others in the process, and modifying decisions as new information becomes available.

Ability to attend meetings or perform other assignments at locations outside the office.

Medical History Review.

This is executive-level work directing the operation of the programs and staff of the Department of Technology Services. As this is a non-merit position within Montgomery County Government, the employee will be appointed by the County Executive and confirmed by the County Council. Contacts are with high-ranking legislative and executive branch officials within County Government, officials of equivalent rank in other governmental jurisdictions, including high-level Federal officials, private sector and community organizations or groups, citizens, business owners and managers involved in information technology. The purposes of the contacts include presenting information at government or public forums on information technology matters and participating in vendor fairs and conferences, small business forums, and other economic development activities. The incumbent also proposes innovative approaches to complex problems related to information technology functionality and architecture. Limited direct service or assistance is provided to the public, and such service or assistance is incidental to the primary purpose of the job.

The primary purpose of the Chief Technology Officer position is to oversee and manage the daily operations of the divisions of the Department of Technology Services (DTS) and to assist the Chief Information Officer (Department Director) in guiding the information technology programs of the County government. An employee in this class may perform any duty of the Department Director or represent the Department in any forum. An incumbent is also responsible for maintaining and enhancing the effective use of information technology in the County government in the face of rapid development in the information technology industry. The Chief Technology Officer plays a leading role in developing enterprise, department, and functional information technology strategic plans.

The employee exercises full accountability for all matters associated with completing work assignments of the staff including determining the work to be performed and the methods to use. Guidelines consist of broad policy directives and basic legislation and require the employee to use considerable judgment in interpreting the intent of the guidelines and in generating specific policies and guidance for use by subordinate staff in developing various components of the overall DTS program. The work of directing DTS programs affects the well-being of a majority of County residents. The work is primarily sedentary, performed primarily in office settings, and subject to usual everyday risks.

Plans, coordinates, and evaluates the programs and activities of the staff of the Department of Technology Services.

Meets with DTS division chiefs to review projects or other initiatives, monitor status, and deal with issues that arise.

Communicates with DTS employees and other department employees and managers to ensure that information technology projects are effectively implemented.

Determines when private sector resources must be used to successfully accomplish information technology projects.

Attends government or private sector functions as DTS representative and speaks to public and private sector groups on information technology topics and issues.

Directs the investigation and timely resolution of system or security problems.

Directs the implementation of current legislation and regulations relating to information privacy and security and promulgates procedures and regulations on information technology.

Advises the County Executive, County Council, residents, and government departments on matters relating to information technology, security, and privacy.

Directs the preparation and administration of the DTS annual budget.

Performs related duties as required.

Experience: Extensive (7 years) experience in information technology or related fields, 4 years of which must have been in a supervisory or administrative capacity.

Education: Graduation from an accredited college or university with a Master’s Degree in information technology or related fields.

Equivalency: An equivalent combination of education and experience may be substituted.

Broad knowledge of the information technology industry, information technology trends, the costs and benefits of different technologies, and the principles of effective information architecture.

Extensive knowledge of information technology and how to apply it effectively.

Extensive knowledge of and skill in applying management principles and techniques to complete information technology projects on time and within budget.

Experience in applying principles of organizational strategic planning and aligning information technology projects with enterprise objectives.

Ability to establish productive working relationships with employees and appointed and elected officials at all organizational levels.

Ability to communicate information technology concepts, management principles, and strategic objectives effectively both orally and in writing to audiences with highly varying degrees of knowledge and experience.

Ability to obtain results through others.

Knowledge and experience in procurement and contract management to protect the interests of the government and achieve project goals.

Medical History Review.

This is high level staff work directly supporting the County Executive and Chief Administrative Officer by carrying out a variety of assignments and functions in the executive branch of the County Government. As the incumbent of a non-merit position within Montgomery County Government, the employee will be appointed by the County Executive and confirmed by the County Council. Contacts include the County Executive, Chief Administrative Officer, elected County Council members and their senior staff, department and agency directors, division chiefs, officials from other County agencies and government jurisdictions, and representatives of non-profit and public groups for the purpose of presenting, communicating, coordinating, collaborating and responding to variety of legislative matters, government policies and issues affecting the County.

An employee in this class provides staff support and advice to the County Executive and Chief Administrative Officer in designated functional or policy areas such as County legislation and Council matters and serves as liaison to County Council. Employee in this class serve as the lead point of contact for communicating, coordinating, and facilitating Council matters and collaboration with partners such as other County agencies, nonprofits and other public groups. The work involves developing major County policy option or issue papers, analyzing and making recommendations on proposed County legislation, assisting in preparation and in development of new County legislation, and performing a variety of ad hoc special assignments for the County Executive and Chief Administrative Officer. Assignments are stated in terms of broadly defined functions and areas of responsibility. The employee plans, designs, and carries out major projects, policy strategy, studies, or other work independently with little or no guidance. The employee uses strategic thinking to analyze complex issues and policies in order to provide comprehensive analysis and guidance to senior staff. The work product or service is generally considered technically authoritative. The employee uses considerable judgment to interpret stated and written guidelines and to develop new criteria to evaluate policy and programmatic issues or propose new policies. The complexity of the work is characterized by a variety of duties that must be applied to new and unprecedented assignments and activities requiring extensive analysis. The work involves isolating and defining unknown or unprecedented conditions and developing new criteria to evaluate the effectiveness and efficiency of County Government programs and processes. The work also involves developing policy recommendations impacting major programmatic and management functions in the County government. The work takes place in a normal office environment and involves no significant hazards or physical demands.

Serves as legislative liaison for the Executive Branch.

Tracks, reviews and coordinates Executive policy positions on all local legislation and other Council matters.

Responsible for researching, monitoring, analyzing, communicating, and advising on local legislative issues and Council activities.

Provides comprehensive analysis and strategic guidance on a variety of complex community related issues, policies and challenges.

Coordinates the development of Executive positions and testimony on County legislation and other Council matters and ensures timely response to Council inquiries.

Coordinates and assists in the development, preparation and review of all County legislation for the Executive Branch.

Attends Council meetings and/or ensures appropriate attendance at Council meetings by other County officials.

Serves as primary point of contact for Executive Branch on Council matters.

Directs the preparation of responses to selected correspondence from the Council, including interdepartmental coordination, on multiple issues for the CE and CAO.

Provides comprehensive analysis and strategic guidance on a variety of complex community related issues, policies and challenges.

Provides advice and recommendations to CE and CAO, or other senior County officials on local legislative and administrative issues.

Council, citizens and advocacy groups.

Coordinates and reviews executive regulations.

Reviews executive correspondence to Council to ensure appropriateness of content prior to issuance

Performs special, ad hoc assignments, such as researching issues, conducting studies, performing analyses, and developing recommendations on a variety of policy issues.

Serves as project manager, committee chair, or task force leader to study issues or implement projects, as requested.

Performs other duties as required.

Excellent oral and written communication skills

Extensive knowledge of the principles, practices, and techniques of planning, formulating, analyzing, and implementing management and program policies and strategies.

Extensive knowledge of multiple major County Government program areas.

Strategic thinker capable of analyzing complex issues/policies/challenges and developing alternative solutions and possible next steps.

Skill in effectively interacting and communicating with government officials and private sector organizations.

Skill in verbal and written communication sufficient to develop defenses of, and justification for, recommended courses of action.

Skill in analyzing complex policy issues, organizational structures, and management problems.

Skill in managing medium to large scale projects involving coordination of multiple departments or agencies.

Ability to deal with people tactfully, effectively, and equitably.

Ability to attend meetings and perform assignments at locations outside the office.

Ability to work some evenings and weekends

Experience: Extensive (six (6) years) professional administrative and/or high level staff experience involving program evaluation, management analysis, program management, or similar activities.

Education: Graduation from an accredited college or university with a Master’s degree in Public or Business Administration or related fields.

Equivalency: An equivalent combination of experience or education may be substituted.

License: None.

Medical History Review

This is an appointed, non-merit full-time time position in the County Government reporting to the Chief Administrative Officer (CAO). Under the general direction of the County Executive’s Office, an incumbent of this position is responsible for both the formulation of the County’s labor relations policy and its implementation. In fulfilling this function, the incumbent is responsible for representing management in labor relations including contract negotiations, interpretation and administration of collective bargaining agreements (CBA), and the maintenance of positive and effective labor-management relations.

The Chief Labor Relations Officer counsels and advises managers and supervisors of all departments on labor relations matters and maintains contact with state and local labor relations groups and individuals. Supervision is exercised over a labor relations team of employees to include office/and clerical support functions.

Collective Bargaining and Contract Administration: responsible for negotiating collective bargaining agreements, the process by which wages, benefits and other terms and conditions of employment for organized employees is established; training management representatives on the provisions of each collective bargaining agreement applicable to their department; and responding to requests from management for advice and counsel on planned management action, prior to decision making and implementation.

CBA Approvals: Once both labor and management have ratified the agreements, and the Council has approved any provisions subject to Council review, the Chief Labor Relations Officer issues implementing instructions for affected department management. For non-compensation agreements the pertinent management personnel are sent the instructions which capture the changes to the contract and any salient issues that those at the department should be aware of. For compensation agreements the instructions are sent to the Department of Finance (FIN) and Office of Human Resources (OHR) to ensure that any wage increases are timely and properly implemented.

CBA Training: In addition to issuing implementing instructions Chief Labor Relations Officer then schedules training on the new contracts. The target audience for this training is managers and supervisors with responsibility for supervising employees covered by the agreement.

Administrative Proceedings: The Unit supports the Office of the County Attorney in its efforts to initiate, prosecute, defend and monitor a wide range of administrative proceedings, primarily for and on behalf of departments under the personnel authority of the County Executive. The administrative proceedings consist primarily of grievance arbitrations, conflict resolution, unfair labor practice complaints, Merit System Protection Board (MSPB) appeals, and/or Petitions for Judicial review of MSPB decisions. The Unit also supports litigation by the Office of the County Attorney in a limited number of civil complaints, filed by or on behalf of an employee, in Court and appellate matters before the Court of Appeals.

Formulates the County’s labor relations policy and directs its implementation, under general direction from the County Executive and subject to approval of the Council;

Prepares for and conducts the County’s participation in union-management contract negotiations to develop mutually agreeable compensation structures, to establish and define union/management rights and obligations and to establish and define conditions or employment;

Provides training on County-Union agreements and educates and counsels all levels of supervisors and managers in the administration of such agreements, to ensure proper and uniform interpretation and administration of collective bargaining agreements;

Maintains records and prepares reports on union activities; keeps the County management informed of potential problems;

Assembles and analyzes information on trends in labor relations to best represent County interests in labor relations;

Advises and assists management with respect to publicity on labor relations matters;

Maintains contact with Statewide labor relations groups and counterparts in local municipalities and other County governments on labor relations issues.

Education: Graduation from an accredited college or university with a Master’s Degree in Public Administration, Business Administration, Human Resources, or a related field, or a Doctor of Jurisprudence (law degree) from an accredited law school.

Experience: Seven (7) years of experience in labor relations and litigation, preferably in public administration, which must have included substantial experience as the primary negotiator in management-union contracts. Experience in collective bargaining, grievance, and arbitration strongly preferred.

Advanced Knowledge of:

General principles and practices used in modem labor relations (i.e., contract negotiation, mediation, fact-finding, arbitration, contract administration and interpretation);

Labor relations laws and current trends in the labor field;

Supervisory practices and the rights and obligations of management and unions; personal and professional integrity; resourcefulness; tact; good judgement; physical condition commensurate with the duties of the position.

Ability to:

Maintain effective working relationships with all levels of management and upon representation; negotiate; and

communicate effectively both orally and in writing.

Licenses, Registrations, Certifications, or Special Requirements: None.

Under the executive appointment of the County Executive and reporting to the Director, Department of Transportation, the Transportation Policy Officer (TPO) is responsible for shaping and implementing a complex transportation network for the County. This is an appointed, non-merit position in the County Government. The TPO is also responsible for ensuring the alignment and integration of strategies for the transportation, transportation planning, public works, and municipal parking functions.

The Transportation Policy Officer directs transportation and infrastructure policies, programs, and strategic investments to ensure they are designed, managed, and operated in accordance with the County’s commitment to increasing economic opportunity, improving public safety, building a more vibrant County, improving outreach to community members and other stakeholders, and strengthening the County’s functionality.

Key responsibilities include examining issues and problems relating to transportation and developing responsive and fiscally sound policies for the Department’s programs which impact on a variety of public, private, and community interests and operations. The work involves the planning, development, and implementation of County Government transportation programs which are essential to the County Government’s mission and affects large numbers of people throughout the County.

• Maximize the value, within County’s financial capacity, provided by the County’s transportation system.

• Coordinate and align the County’s transportation system and program with those of neighboring jurisdictions, the State, and regional transportation agencies.

• Ensure County’s transportation and infrastructure facilities and programs are “best in class” and meet the diverse needs of the County.

• Oversee the policy direction for the Department of Transportation and transportation planning by exploring and developing solutions for mobility to effectively and efficiently move people and things, shape urban form, affect economic vitality, and impact quality of life within the County.

• Provide overall strategic direction to ensure high quality services are provided, maintain and improve the County’s infrastructure, and guarantee a clean and safe environment.

• Provide vision and oversight to create financial and operational efficiencies by leveraging “best in class” parking system techniques and designs.

• Partner with the County Executive, Chief Administrative Officer, Director, Chief Operating Officer, County Council, and other county leaders to best achieve the County’s stated mobility, access, and operational goals.

• Implement the County’s Strategic Plan for Transportation.

• Meets with and makes verbal and written presentations before appointed and elected officials, community organization and private sector business representatives, and officials of both regulatory and non-regulatory local, State, and federal government agencies.

• Guide investments in the County’s transportation assets to improve mobility and reduce operations and management costs where feasible.

• Make policy recommendations and decisions through improved data collection, performance management, engagement with County residents and national best practices.

• Oversee an effective, responsive and accountable organization to ensure the attraction and retention of a quality staff and provide professional development opportunities to successfully implement best practices that serve the evolving needs of County residents.

• Communicate with policymakers about projects, policies and results, and provide comprehensive information to the public.

• Foster collaborative and innovative partnerships with the County, regional, State, and federal agencies, community groups, industry organizations and the non-profit, private and philanthropic sectors to advocate for the County’s policy and investment priorities.

• Directs the coordinated analysis of and response to multi-divisional issues, e.g., review and analysis of Master Plans, Sector Plans, proposed legislation, etc.

Education: Bachelor’s degree in Public Administration, Business, Engineering, Transportation, Architecture, Urban Planning or a closely related field.

Experience: Minimum ten (10) years’ experience in transportation or public works administration, public sector management, or a closely related field. Minimum five (5) years’ experience in an executive level and/or leadership role. Experience must include working with internal shareholders including other departments and collective bargaining units. Additionally, the experience must include government, finance, and operations.

Licenses, Registrations, Certifications, or Special Requirements:

Preferred:

• Master’s degree in transportation, urban planning, public policy, or a similar field.

• Licensure by the State of Maryland as a Professional Engineer.

Knowledge, Skills, and Abilities:

• Excellent leadership skills with an exceptional ability to inspire, empower, mentor, develop, and sustain a highly functional team.

• Extensive knowledge of transportation management in a large and complex urban environment.

• Exhibit a strong commitment to diversity and a passion of safe, sustainable transportation and infrastructure development.

• Knowledge of transportation planning, public works, and municipal parking systems.

• Excellent written and verbal communication skills.

• Must be politically savvy and sensitive to the interests of a wide-range of stakeholder groups, strategic partners, elected officials, and administrative colleagues.

• Strong understanding of and/or experience working with local, State, and/or federal transportation programs and policies with emphasis on transit and transportation demand management.

Core Exam.

Under the executive appointment of the County Executive and reporting to the Director, Department of Transportation, the Deputy Director of Operations has full authority and accountability in the absence of the Director. The Deputy Director assists the Director in the overall management, administration, operations, planning, and coordination of a diverse range of activities, operations, services, and staff in order to accomplish the departmental vision, mission, and guiding principles. The position works in conjunction with the Director to oversee the planning and deployment of department-wide resources to carry out the operations of the Department in supporting the implementation of the County Executive’s priorities. The position assists the Director in the management of the Department of Transportation and has full line management responsibility for planning, developing, and implementing employee work programs, communicating expectations, and assessing the achievement of established goals.

The Deputy Director of Operations oversees defined operations, services, divisions, staff within the Department of Transportation. The work includes coordinating with County and department staff to develop or update the administration and operations of the Department including information such as operational objectives, technologies, systems, information specifications, schedules, funding, and staffing. The work may involve preparing and reviewing operational reports and schedules to ensure accuracy, efficiency, and compliance with government policies and regulations. The position provides technical assistance to staff, volunteers, advisory boards, councils, community agencies, and others.

• Exercises the full range of supervisory duties and responsibilities as defined in the Montgomery County Personnel Regulations (MCPR).

• Assists the Director in developing comprehensive long and short-range strategies designed to achieve Departmental goals and objectives and establishes priorities as necessary to accomplish them.

• Assumes the duties and responsibilities of the Director in his/her absence.

• Exercises technical management oversight for all operations.

• Analyzes technical performance reports, correspondence, and contracts.

• Reviews, evaluates and makes recommendations to the Director regarding areas of departmental responsibility.

• Investigates and researches difficult and complex inquiries, problems, or complaints, and initiates appropriate steps to address/resolve them.

• Performs tasks and duties which may not be specifically listed in the class specification or position descriptions, but which are within the general occupational category and responsibility level typically associated with the employee’s class of work.

Work is performed with a wide latitude for independent judgment and action under the general supervision of the Director. May provide direct supervision to management, professional, technical, and administrative support staff.

Employees in this classification act as supervisors to other positions.

Incumbent must possess the ability to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Incumbent must possess the ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form.

Complex function with significant number of interrelated professional and operational disciplines which must be coordinated. Considerable discretion and latitude to direct and control affairs of the organization. Requires the exercise of ingenuity, creativity, judgment, and problem-solving skills.

The work involves planning, developing, and carrying out vital administrative and service programs. The programs are essential to the mission of the County and/or affect large numbers of people on a long-term or continuing basis.

Serves as a liaison between department director and department division chiefs, customers, County, State, and federal government representatives, public service and other community organizations, the media and the public-at-large; attends conferences, seminars and training.

Personal assistance and/or care of constituents is provided on an on-going basis.

The work involves no significant hazards.

Graduation from college or equivalent plus experience of a type, duration, level of complexity, diversity and responsibility to be determined at time of announcement, which has provided the applicant with the necessary knowledge, skills and abilities to perform the duties in the appropriate executive level functional area; or equivalent combination of education, experience and training.

Knowledge, Skills, and Abilities:

Advanced Knowledge of:

• Modern office procedures, practices, and equipment.

• Principles and practices of public and business administration.

• Functions, organizations and governing laws and regulations of the County government.

Skill In:

• Analyzing, interpreting, and applying the most complex procedures and information from journals, documents and manuals, financial reports, policy and procedure manuals and legal documents and manuals;

• Responding effectively to the most sensitive inquiries or complaints from constituents, other Elected Officials, and department managers, and regulatory agencies;

• Writing original reports, business correspondence, and procedure manuals;

• Effectively presenting information on complex topics to groups including Elected Officials, Department Managers and the public, to respond to questions in one-on-one situations and in groups.

Ability to:

• Analyze, interpret and report research findings and recommendations.

• Exercise judgment and discretion in applying and interpreting policies and procedures.

• Plan, assign and direct the work of others in a manner conducive to full performance and high morale.

• Understand and carry out complex oral and written instructions.

• Establish and maintain effective working relationships with department officials, employees and the general public.

Licenses, Registrations, Certifications, or Special Requirements:

Employment must have been in an administrative, professional, and supervisory capacity in an area of work related to the functional responsibility of the departments/divisions in which the position exists. In those departments/divisions where registered specialists provide the primary source of functional and technical knowledge for planning and accomplishing the mission of the departments/divisions, the incumbent may also be required to be registered and experienced in that profession. Work experience must have included supervising and coordinating a variety of functions.

Work Environment:

Work is generally conducted in both an office and field environment. The job functions require the ability to attend meetings, seminars, training and conferences as well as travel to off-site facilities.

Physical Demands:

The duties require sitting, standing, often times for long periods, walking on all types of terrain, maintaining balance, climbing stairs and inclines, kneeling, bending, stooping, crouching, reaching, pushing, pulling, twisting, requires a sense of touch, finger dexterity, ability to grip with hands and fingers, to lift and carry up to 30 pounds. May be required to wear and/or use personal protective equipment such as gloves, masks, eye protection, etc. for first aid and other department activities. May be required to work offsite and subject to outside temperatures and inclement weather.

Core Exam.

This is an appointed, non-merit full-time position in the County Government reporting to the Chief Administrative Officer (CAO). The incumbent directs, administers, and facilitates the Countywide equity programs; works to build an infrastructure to ensure policy decisions are evaluated through an equity lens to create fair access to opportunity; collaborates with County departments, employees, community members, and other stakeholders to make meaningful movement towards a more equitable county; and performs related duties as assigned.

This single-incumbent executive management classification exercises broad direction over equity work across Montgomery County, The incumbent provides leadership and vision to ensure the development and management of innovative and effective strategies to achieve racial equity for Montgomery County residents. The work requires considerable initiative and judgment, and the ability to make independent decisions within broad policies and procedures as determined by County executive management, the Council, and federal, State, and County laws, ordinances, and regulations.

• Identifies disparities and the systemic causes that may exist within the County’s departments and community.

• Oversees design, coordination, and implementation of programs, policies, and practices aimed at addressing the systemic disparities existing in the delivery of County services.

• Develops and creates awareness and understanding in the use of an equity lens to develop and implement programs and practices.

• Creates an infrastructure to sustain the County’s commitment to equity.

• Implements the Countywide and Health and Human Services’ Racial Equity Plans and other related plans.

• Provides leadership, guidance, training, and support to internal and external partners in the development and delivery of equity programs and tools; and develops work plans and training materials.

• Analyzes proposed legislation and regulations and provides expert technical guidance and leadership to management and elected officials on equity issues affecting County programs and practices.

• Establishes baseline disparity data targets/benchmarks in collaboration with partners; and establishes goals and initiatives to make progress and processes to track outcomes.

• Develops methods to determine how disparate impacts will be documented and evaluated; and collects, evaluates, and analyzes indicators and progress benchmarks related to addressing systemic disparities.

• Directs, evaluates, and coordinates analyses and recommendations regarding race and equity policy issues and long-range plans to address department and community needs and services; and develops and coordinates reports and supporting materials to be presented to the Council for information or action.

• Develops and deepens relationships with community members and non-profits committed to racial equity work; and participates in community equity collaborations on behalf of the County to identify and address cumulative impacts of institutional and structural inequities in the County.

Education: A Bachelor’s degree from an accredited college or university in sociology, education, public administration, ethnic studies, communication, social work, public health, or a closely related field. A Master’s degree or other advanced degree in a related field is highly desirable.

Experience: At least five (5) years of experience of demonstrated success in the administration of community, educational, or social justice programs which focus, in part, on the elimination of structural racism. At least two (2) of those years must be in a managerial, supervisory, or program administration capacity. Experience in a public agency is strongly preferred.

Advanced Knowledge of:

• Theories, principles, and practices of effective management and strategic planning process and techniques.

• Social, political and environmental issues influencing equity program development and implementation.

• Effective institutional change management principles and practices.

• Effective interpersonal and group communication techniques.

• Policy analysis and development techniques and methods of formulating and advocating for public policies specific to equity issues.

• How inequities were created, are currently reinforced and maintained, and can be removed.

• Principles and practices of community and public relations.

Ability to:

• Plan, organize, manage, and direct the implementation of equity programs.

• Effectively manage diverse employees and groups and apply effective management skills in the areas of planning and project management including organizing, directing, motivation, and evaluation.

• Act as a visionary and strategic thinker to identify and define complex equity disparities; develop sound conclusions and recommendations; and represent recommendations in a way that is compelling to a variety of institutional and community audiences.

• Conduct racial impact analysis; and utilize evidence and data to recommend improvements to life outcomes for marginalized populations.

• Represent the County effectively on equity issues in a variety of forums.

• Prepare clear, concise, and comprehensive correspondence, reports, studies, and other written materials.

• Speak clearly, explicitly, and convincingly to diverse audiences.

• Recognize and acknowledge existing cultural and racial “blind spots” and work toward addressing them.

• Exercise sound, expert independent judgment and political acumen within general policy guidelines.

• Exercise tact and diplomacy in dealing with highly sensitive, complex and confidential issues and situations.

• Build effective strong working relationships, partnerships and networks with communities of color, and the organizations that serve them.

Medical History Review.

This appointed, non-merit, single-incumbent executive management job classification is in the Office of Broadband Programs in the Department of Technology Services. The incumbent performs as the County’s Chief Broadband Officer (CBO) and reports to the Director, Department of Technology Services (DTS). The CBO is responsible to achieve the County Executive’s priority objectives in digital equity, economic development, and workforce development through broadband technologies. The incumbent is responsible for planning and deploying broadband technologies that enhance the County’s and its constituents’ ability to leverage broadband and the Internet to conduct business.

The incumbent is responsible for identifying, developing, resourcing and implementing broadband initiatives and programs that are critical to the delivery of the government’s service to residents and businesses, and support business and workforce development and job creation in targeted priority economic sectors, enhance community engagement and Smart County initiatives, and position the County’s digital infrastructure to be prepared to meet future demand in areas such as public safety, education, mobility, digital equity, and commerce. The incumbent will be responsible for the County’s broadband initiatives, infrastructure, services, and related cable, video, television, and consumer services.

• Formulating a large-scale multi-sector, multi-year broadband program for the County.

• Assisting the CIO in the development and maintenance of appropriate organizational structures necessary for the County to meet emerging and future challenges and demands for broadband while maximizing the return on investment in existing broadband functions and assets to the County.

• Overseeing the following program areas: The County’s fiber optic network, FiberNet, and the County government’s network services, the Cable Office, and the ultraMontgomery program.

• Providing expertise and guidance in the leveraging of broadband technologies by developing a clear vision and producing a broadband and digital infrastructure master plan with measurable outcomes.

• Developing the business case and overseeing the development and implementation of budgets and fiscal forecasts.

• Identifying strategic public-private partnerships and capital investments.

• Identifying, competing for, and administrating grants and matching funding sources.

• Negotiating agreements and managing vendors and franchisees.

• Developing and maintaining good relations with members of the County Legislative Branch and other key partners.

• Representing the County’s interests in broadband matters at the Federal, State and County government.

• Developing, delivering and defending testimony in public hearings of the legislative or policy governing bodies (e.g., FCC, State Legislature, Congress).

• Identifying and implementing best practices for the management of existing and emerging wireless and wireline technologies.

• Resolving the County residents’ cable and broadband complaints and addressing businesses’ broadband connectivity issues; and supporting digital equity initiatives and technology training.

• Working with and representing the County at telecommunications forums and association, e.g., National Association of Telecommunications Officers and Advisors (NATOA).

• Working with the Montgomery County Economic Development Corporation (MCEDC), Montgomery County Business Council (MCBC), the County’s Interagency Technology Policy Coordinating Committee (ITPCC), the Information Technology Policy Advisory Committee (IPAC), the Metropolitan Washington Council of Governments (MWCOG), and others to further the County’s broadband interests and objectives.

Education: Graduation from an accredited college or university with a Master’s Degree in telecommunications, computer science, engineering, business or related field or equivalent experience.

Experience: Seven (7) years of progressively responsible professional experience in enterprise-wide organizational management of broadband/telecommunication operations and services, four (4) years of which were in a supervisory or executive capacity.

Licenses, Registrations, Certifications, or Special Requirements: None.

• Thorough knowledge of broadband technologies and architectures.

• Demonstrated in-depth knowledge of business principles and practices required to manage high-speed broadband service to the business and residential premises; including but not limited to sales, operations, customer service, communications and process development.

• Knowledgeable about budgeting, general accounting and fiscal management practices; office procedures; and business operating systems.

• Thorough understanding of financial principles; be able to evaluate fiscal and financial information and achieve positive financial results.

• Must be knowledgeable about the appropriate methods and means of dealing with human behavior situations in a variety of business circumstances.

• Ability to plan, implement, and support large scale fiber networks; including but not limited to recommending policies, procedures, organizational structures, staffing, processes, and management reporting and controls.

• Demonstrated ability to effectively work directly with the public, vendors, and county and other government personnel.

• Communicate effectively verbally and in writing with all organizational levels both in the utility and its subsidiaries and with outside contractors and vendors.

• Relies on extensive experience, sound judgment and demonstrates leadership to plan and accomplish goals.

• Proven ability to plan and organize work to meet deadlines, all with a high degree of accuracy with attention to detail. Must have strong analytical and critical thinking skills with demonstrated problem-solving abilities. A wide degree of creativity and flexibility is expected.

• Ability to communicate effectively, verbally and in writing, in a diverse range of audiences and settings; persuasion and negotiation of conflicts and problems; assessing operational, program, staffing, and fiscal needs; interpreting legal documents and government regulations, evaluating fiscal and financial reports, forms, and data; analyzing complex written documents; identifying and resolving administrative problems; working long and irregular hours, and under pressure conditions; delegating responsibility and achieving results through subordinates; and maintaining order in an environment of changing priorities.

• Requires understanding and the ability to interpret contracts, agreements, and administrative policies to properly apply provisions to supervising and directing the work of subordinates as appropriate, and to build and lead a team successfully. Must be able to resolve administrative problems and effectively delegate duties to achieve results.

• Understands the concept of providing quality services and agrees to maintain a continuing commitment to superior customer service.

Medical History Review.

This appointed, non-merit executive management job classification is in the Department of Technology and Enterprise Business Solutions (TEBS). The incumbent performs as the TEBS’s Chief Operating Officer (COO) and is appointed by the County Executive. The COO works under the administrative direction of and reports to the Chief Information Officer (CIO)/Director, Department of Technology and Enterprise Business Solutions. The COO oversees and manages the daily operations of the TEBS divisions and assists the CIO/TEBS Director in all aspects of planning, implementing, maintaining, and guiding the County Government’s information technology programs, infrastructures, and services. The COO will have a clear understanding of the County’s business functions and services, data assets, technology platforms, strategic priorities, and, in close coordination with the CIO/TEBS Director ensures an effective TEBS operations and services and the best results for County programs and services.

The incumbent is responsible for assisting the CIO/TEBS Director in developing and implementing state of the art operational technology strategies aligned with the County’s overall goals and objectives, while ensuring efficient and effective use of County resources. The incumbent is also responsible for facilitating cross-departmental collaboration and fostering effective communication and coordination to ensure overall operational efficiency at all levels of government. The incumbent will identify opportunities for technology adoption to enhance government services, streamline processes, and improve overall operational and service efficiency. The incumbent will also establish, enforce, and monitor staff and operational performance metrics and benchmarks for all TEBS Divisions and TEBS services. In addition, the incumbent will develop and implement plans for emergency response and recovery, collaborating with relevant agencies to ensure the safety and well-being of county employees and residents.

Technology Management including call center technology and CRM systems: Oversees efficiency reviews as well as audit review and response. Maintains and supports work to address council concerns and issues. Coordinates interfaces with the PIO Office as a leadership representative of the department. Management and oversight of multiple organizational divisions/teams with varying needs and priorities. Develops and implements programs, systems, and procedures to improve internal and external TEBS services. Expected to make independent decisions guided by the CIO, departmental and County policies, and guidelines.

Customer and Vendor Relations: Written and verbal communication to address customer, council, and employee matters. Will be the sponsor and project lead on high-profile projects, programs, and operations. This will require accuracy and strategy when working with stakeholders. Cultivates strong customer/vendor relations to lead to the continued success of TEBS endeavors. Exhibits strong managerial expertise and discretion regarding personnel issues and adherence to County rules, policies, and requirements. Fosters professional growth of team members, resulting in innovation and continued success of departmental work.

Perform duties assigned by the CIO/TEBS Director to represent TEBS: Develops presentations, written documentation to respond to technical issues in well-defined nontechnical terms as specified by the director. This will require both the technical knowledge as an SME and the skill to communicate the work of TEBS to individuals of various backgrounds. Functions as a delegate of the department and County in situations that will impact the short-term and long-term operations and reputation of TEBS and MCG. Maintains skill in current and new methods of presenting information to leadership and stakeholders.

Assist with the development and strategies for a comprehensive budget submittal: Oversees and collects data, establishes return on investment analysis, conducts predictive analysis, and works towards a logical innovation agenda. Assists the CIO/TEBS Director in the TEBS budget development and leadership throughout budget discussions and analysis. Offers input based on expertise, research, and vetting of options. Provides timely and accounting throughout the year. Works with and reviews TEBS leadership, budget team, and administrative staff to staff to build and maintain strong relationships with OMB, Council, CEX, and other partners throughout the budget process.

Play a key role in effective and efficient development and implementation of a variety of enterprise-wide technology-based strategies, systems, and services.

Work with the County departments to identify new strategies for larger outcomes and enhancement of service delivery, cost avoidance and process innovation.

Education: Graduation from an accredited college or university with a Master’s Degree.

Experience: Ten (10) years of progressively responsible professional experience in organizational management or in a field related to the assigned area, seven years of which are in a supervisory role.

Licenses, Registrations, Certifications, or Special Requirements: Possession of a valid Class “C” (or equivalent) driver’s license from the applicant’s state of residence when required for job-related duties.

Advanced knowledge of:

• County or large local government data-driven operations and needs;

• Various government privacy, security and associated laws, rules and regulations including all applicable standards;

• Data security risk analysis and the development of data security architectures and protocols;

• Leadership techniques, principles, and procedures to assign work, schedule, train, and evaluate the work of assigned or matrixed staff;

Principles and processes for providing customer services; this includes meeting established quality standards;

• Strategic planning principles and theories to ensure competitive advantage;

• Management techniques for high-impact outcomes in service delivery virtuous cycles, e.g., in law enforcement and human services;

• Enterprise data management best practices and strategies;

• Expertise in data governance and quality control;

• Working with data storage, aggregation, analysis, and retrieval;

• Creating best practices and methodologies for technical projects;

• Building business cases for large technical projects;

• Data modeling and visualization techniques;

• Various sources and resources for information at the federal, state and local level in the privacy and security areas;

• Managing large cross-agency, cross-departmental programs.

Ability to:

• Participate with upper management in a decision support mode through the development of appropriate management information;

• Emotional Intelligence to carry out cross-agency, cross-departmental work;

• Advocating for data analytics value across a business to diverse audiences with solid business experience in the field;

• Information management projects and programs;

• Influence personnel through a matrix organization as opposed to line management authority;

• Deal with the public, press, other officials, members of the County Council, boards and commissions, and State and federal officers or representatives in a manner that is diplomatic, clear, and knowledgeable;

• Work in a fast-paced environment, meet deadlines with a sense of urgency, focus on detail and accuracy and be an independent thinker;

• Lead and think strategically;

• Use logic and reasoning to analyze, understand, and evaluate complex situations. Leverage ability to identify the strengths and weaknesses of alternative approaches or solutions, to a situation or targeted outcome. Exercise appropriate judgment in establishing priorities. Consider the relative costs and benefits of potential actions in developing and defending the business case;

• Develop and maintain cooperative and professional relationships with employees at all levels, representatives from various departments, and outside agencies. Effectively respond to and resolve complex inquiries;

• Communicate complex ideas and proposals effectively so others will understand to include preparation of reports, agendas, and policies;

• Listen and understand information and ideas presented verbally and in writing;

• Handle a variety of human resources issues with tact and diplomacy and in a confidential manner.

Skill In:

• Large program management;

• Working with multiple stakeholders at various organizational levels:

• The design, development, and validation of descriptive, predictive, prescriptive, and applied analytics;

• Mentoring, training, and working with data owners and expert personnel in tense situations.

Medical History Review.

This is an appointed, non-merit full-time position in the County Government reporting to the Director of Technology Services. The Chief Digital Officer (CDO) is a visionary leader with strong Information Technology (IT) focused skills and sound knowledge of the County’s internal and external business environments (demographics, partners), services and processes. The CDO will collaborate with the Office of the CIO on digital business opportunities that leverage technology to drive cross-organizational efficiencies, replace legacy processes, seek out and enhance economic development opportunities. The position will establish public/private partnerships to meet the County’s priority objectives; enhance value, and opportunities to lower the overall cost of service delivery.

The incumbent advises the Director of Technology Services on digital business opportunities that leverage technology to drive cross-organizational synergies, partnerships, and integration to meet the County’s priority objectives; enhance stakeholder value; and lower the overall cost of service delivery. The incumbent monitors trends in digital government practices and strategies; leverages experience in enterprise technology management business transformation and IT driven innovation ideas; organizational management; asset management; multi-generational technology investment; digital government strategy planning; systems, technologies and techniques; and knowledge of information privacy and security risk management to advise the County on IT governance and digital risk management. The incumbent works proactively with business units to implement practices and governance that maximize return on investment in process and service automation initiatives to deliver targeted outcomes and meet investment objectives on a large scale. The CDO is responsible for ensuring the enterprise’s business strategy is optimal, given current and emerging digital realities, opportunities and threats. The CDO champions the use of information and technology in business model design and all aspects of the business to create business success for Montgomery County. The CDO may also execute on most or all digital initiatives.

The Chief Digital Officer serves under general policy direction from the Director of Technology Services.

Works collaboratively with other County executive-level managers to create a digital vision for the County, and to identify the opportunities for differentiating capabilities and solutions that achieve the priority goals and objectives of the County.

Reviews current and planned information technology and digitalization efforts, investments, and initiatives of the County to advise the Director of Technology Services and major stakeholders in the development and maintenance of appropriate organizational structures necessary for the County to meet emerging and future challenges and demands in enterprise digital business management.

Works with the Department of Technology Services and all others to make recommendations to the CAO related to the County’s services and digital business.

Solicits input and gains an understanding of the digital business issues and opportunities from each business unit, integrating them into the development of the enterprise digital business strategy.

Ensures digital initiatives are implemented and integrated into the internal IT assets and capabilities, or cloud-based services.

Manages DTS personnel to provide solutions that promote digital trends, opportunities and advises on its use to affect large-scale outcomes; including the use of smart mobile devices (in the hands of customers/citizens and employees), social media, technology embedded in products (such as vehicles), the integration of IT and operational technology (e.g., 5G telecom networks, county-wide networks, energy and transportation grids), and the Internet of Things (e.g., smart lighting, sensor-based SMART controls, body worn networks and devices).

Makes recommendations on augmenting current enterprise organizational structures and increasing the focus on the big digital picture including opportunities, threats, capabilities and gaps; ensures resourcing and organizational design strategy recommendations integrate well with the overall business strategy of the County.

Advises on the selection, acquisition, or creation of digital solutions and services or the addition of digital capabilities to existing solutions and services.

Develops and administers digital risk governance artifacts and instruments (e.g. dashboards) to support the digital risk management objectives of the County.

Works with executive management to determine acceptable levels of risk for the organization and guides security culture, policy, and technology for measurable improvement in the County’s digital services risk posture.

• Advise the Director on IT investments, policies, and practices and in the development and maintenance of appropriate organizational structures necessary for the County to meet emerging and future challenges and demands of the constituency through digital services.

• Lead the development of the digital business strategy and roadmap for the County.

• Define and report on digital business key performance indicators (KPIs) and metrics that represent progress against digital goals.

• Continually assess past, current, or proposed future IT programs and advise the Director on the digital assets and capabilities needed to survive and thrive in the midterm and the long term.

• Ensure Countywide reduction in risk to digital initiatives by ensuring representation and participation in programs by all business units and stakeholders.

• Identify and help in incorporating management best practices to transform increasingly more County’s service to digital than present.

• Work in a team with County departments and agencies, leading organizational changes and IT environments required to create and sustain enterprise digital capabilities.

• Collaborate with information asset owners, asset custodians and other business, technology, and digital security and risk stakeholders to manage risk.

• Encourage accountability for the successful delivery of County information technology programs/projects and digital services.

• Advise the Director on IT investments, policies, and practices for the development and maintenance of appropriate organizational structures necessary for the County to meet emerging and future challenges and demands through digital services.

• Participate in the County’s information technology strategic planning and governance structure, to make recommendations and provide cohesion and convergence with the digital government plan.

• Participate in steering committees or advisory boards of major programs.

• Provide regular reporting on the current status of the digital risk reduction program to enterprise risk teams, senior business leaders, independently elected and appointed officials and the County Executive, as part of a strategic enterprise risk management program, thus supporting County business outcomes.

• Advise on the development, implementation and monitoring of a strategic, comprehensive program to ensure appropriate levels of confidentiality, integrity, availability, safety, privacy and recovery of information assets owned, controlled or/and processed by the County.

• Create a framework for roles and responsibilities with regard to information ownership, classification, accountability, and protection of information assets and investments.

• Facilitate a metrics and reporting framework to measure the efficiency and effectiveness of the program, facilitate appropriate resource allocation, and increase the maturity of information management programs, and review these with stakeholders at the executive and IT Policy Advisory Committee (IPAC) and Interagency Technology Policy Coordination Committee (ITPCC) levels.

• Identify technology opportunities outside of direct organizational control to include contracts and acquisition alternatives for managing digital business.

• Conduct surveys of comparable experiences and programs in other jurisdictions and sectors.

Education: Bachelor’s degree in Management Information Systems, Business Management, or Public Administration or a directly related field.

Experience: Ten (10) years of relevant work experience, in digital business management, enterprise information systems management, or related role with at least five (5) or more years of progressive leadership experience in leading cross-functional teams and enterprise-wide programs.

Equivalency: Any combination of education and experience that has been achieved and is equivalent to the stated education and experience and required knowledge, skills, and abilities deemed adequate by the County to successfully perform the duties and responsibilities of this job.

Licenses, Registrations, Certifications, or Special Requirements:

Preferred:

• Graduate degree in Business Administration, Public Administration, Computer Science, Digital Business Management experience or related field.

• Five or more years of experience in information-intensive industries or digitally advanced enterprises.

• Experience with independent profit and loss (P&L) responsibilities.

• Experience in digital transformation and digital service delivery management.

• Experience with HIPAA, PCI and CJIS compliance.

Knowledge, Skills, and Abilities:

Knowledge of:

• Extensive knowledge of emerging and mature digital services in the public, not-for-profit, and private sectors.

• Management and supervisory principles, practices, and techniques in senior level information technology management and governance.

• Policies, practices, procedures, and terminology of assigned function.

• Federal, State, Local and County applicable laws, rules, regulations, and guidelines.

• Compliance with federal, State and local laws.

• Information Technology best practices as related to assigned tasks.

• Information Security Management best practices.

• Information Technology risk assessment and management.

Skill in:

• Technology and digital services strategic planning and visioning.

• Agile and Lean methodologies.

• Information Technology and Digital Services investment portfolio management and governance.

• Large program/project management oversight and governance.

• Results-based program planning and accountability.

• Understanding IT, Operational Technology (OT) and Internet of Things (IoT), and the overlap of technology and the physical world.

• Understanding the desired business outcomes of the organization, the supporting business processes, and the technology dependencies.

• Expressing risk tolerance and understanding risk appetite in terms of business and organizational outcomes.

• Supporting and working effectively with business units to envision future (digitalized) states.

• Managing technology dependencies that are outside of direct organizational control; including reviewing contracts, mapping data flows across external services, and creating alternatives for managing business service delivery.

• Leadership, collaboration and negotiation techniques, including contracts, agreements and proposals.

• Negotiating Public-Private Partnerships.

• Developing and evaluating procurements, e.g., Requests for Proposals (RFPs).

• Interacting with and supporting the activities of Information Technology and information security professionals.

• Problem-solving and decision-making, strategic planning, developing, monitoring, and evaluating.

• Presentation and briefing skills.

Ability to:

• Work with Executive and Senior level managers.

• Work with a large number of stakeholders in various sectors and the public.

• Establish and maintain effective working relationships with departmental clientele, representatives of outside agencies and providers, other County employees and officials, and the general public.

• Work in a people-centric style that supports improved behavior across the enterprise with respect to technology use and dependency.

• Ability to effectively drive people, process and technology change in a dynamic and complex operating environment.

• Excellent oral and written communication skills, including the ability to explain digital concepts and technologies to business leaders, as well as business concepts to technologists and political bodies.

• Establish and sustain an on-going program of results-based accountability.

• Manage, motivate, train, develop and evaluate programs.

• Translate policies and objectives into ideas and initiatives that deliver results.

• Research, compile, analyze, interpret, and prepare a variety of memoranda or reports.

• Deliver awareness formal or informal training.

• Identify security safeguards using risk management-based analysis that are in line with the value of the assets being protected.

Medical History Review.

This is an appointed, non-merit position in the County Government. This is a senior level management position serving as the Deputy Director for the Office of Management and Budget (OMB). The position reports to the Director, Office of Management and Budget and has full authority and accountability in the absence of the Director. The position works in conjunction with the Director to oversee the planning and deployment of Countywide resources to carry out the mission of OMB in supporting the implementation of the County Executive’s priorities and policy agenda. The position directs the preparation and transmittal of the County Executive’s annual proposed operating budget and six-year fiscal plan; oversees OMB’s involvement in the collective bargaining process; assists the Director in developing strategies and policies to implement the County’s budget priorities; and assist the Director in the management of OMB. This is a supervisory position and has full line management responsibility for planning, developing, and implementing employee work programs, communicating expectations, and assessing the achievement of established goals.

Work is performed independently under general administrative supervision and final results are evaluated for effectiveness in establishing policies and achieving goals and objectives integral to County’s mission and purpose. Judgments and decisions are guided by broad guidelines within the context of regulations, legislation, and/or County policies and practices and requires full utilization of management principles and tactical as well as strategic planning within broadly outlined and complex regulations.

Plan, develop, and lead year-long process to prepare the County’s annual Operating Budget, six-year Public Services Program (PSP), and six-year Fiscal Plan. Consisting of the following functions:

• Establish the County’s overall fiscal planning guidelines and specific budget guidelines to Executive Branch departments based on the County’s fiscal plan and economic forecast.

• Collect information from various sources and analyze complex problems to identify options and recommend funding levels, including solutions to close budget gaps, in the County’s annual operating budget consistent with the County Executive’s policy priorities.

• Direct development of all budget adjustments including supplemental appropriations, budget amendments, and savings plan appropriation reductions.

• Manage the internal review of department budget requests, scheduling of budget review meetings with department directors and senior leadership including the County Executive and Chief Administrative Officer, and planning for the Council budget review and approval process.

• Negotiate changes to the Council’s requirements specified in the annual appropriation resolutions with the Council Administrator and other Council Staff.

• Provide direction to staff on analyzing department and agency budget requests, in identifying and preparing options for the County Executive’s decisions and making recommendations.

• Oversee preparation and transmittal of all fiscal reports to the County Council including the quarterly analysis of expenditures and revenues and the annual six-year fiscal plan.

• Coordinate fiscal planning and strategy with the manager overseeing development of the Capital Improvements Program.

• Manage the complex budgetary relationship between the County, agencies, and other levels of government.

• Identify efficient and effective use of County resources, including development of performance measures and performance-based budgeting in coordination with CountyStat and other departments.

• Lead cross-department groups, including department directors and designated staff, to identify efficiencies, cost reductions, and improvements in the delivery of County programs and services through more effective allocation of County resources.

• Represent the County Executive and defend budget recommendations during Council review and approval of the annual operating budget.

• Oversee responses to questions and requests for information from the County Council, other County officials, and the public.

• Oversee OMB’s involvement in the collective bargaining process. This involves assessing the County’s fiscal condition and developing parameters regarding the economic provisions of labor agreements. Represent the County Executive as necessary in negotiations with the County’s designated employee organizations.

• Assist Department Director in developing strategies and policies to implement the County Executive’s priorities.

• Build and strengthen relationships and partnerships between OMB and departments and agencies.

• Supervises a team of Management and Budget Specialists - planning, developing, and implementing work programs, communicating expectations, assessing the achievement of established goals, and mentoring and coaching.

• Serve as Department Director in the Director’s absence, with authority to approve decision memos, fiscal impact statements, position exemptions, procurement exemptions, and all other actions.

Education: Graduation from an accredited college or university with a bachelor’s degree in accounting, business administration, economics, finance, public administration, or a closely related field.

Experience: Ten (10) years’ professional experience in accounting, budget formulation, and/or financial management, four years of which were in a supervisory capacity.

Licenses, Registrations, Certifications, or Special Requirements: None.

Knowledge, Skills, and Abilities:

Advanced knowledge of:

• The principles and practices of public administration with particular reference to management concepts and techniques, strategic planning principles, policy analysis, labor relations, accounting and actuarial principles, resource allocation and budgeting.

• County government’s services and programs, budget process, legal requirements, human resources policies and procedures, and accounting policies and requirements.

• Program development, implementation, management and evaluation techniques, high level interagency coordination, negotiations, and conflict resolution.

• The laws, rules and regulations governing the preparation and implementation of the County’s budget and fiscal planning.

• Applicable federal, State and County laws, regulations, and policies affecting the County’s services and programs.

Skill in:

• Identifying, analyzing, and evaluating information concerning highly complex, varied, and often sensitive services and programs across the entire County government.

• Effectively representing the organization on policy matters and controversial questions; negotiating agreements which accommodate the conflicting interests and viewpoints of numerous groups and organizations.

• Managing processes, setting priorities, communicating expectations, anticipating problems, developing contingency plans, and monitoring achievement of broad programmatic goals, objectives, and quality standards.

• Interpersonal relations and ability to work tactfully and effectively with elected/appointed officials, Union representative, employees, supervisors and managers, outside agencies senior leadership, and community and business organization leaders.

• Expressing ideas, conclusions and recommendations clearly and concisely, both orally and in writing.

Ability to:

• Exercise judgment and independent decision making consistent with overall organizational policies and goals.

• Plan, set priorities, and organize numerous work assignments of team members to meet tight and often conflicting deadlines.

• Lead, inspire, motivate, evaluate, and counsel subordinate supervisory staff and to delegate responsibility to them, as appropriate.

Medical History Review.

This is an appointed, non-merit position in the County Government. This is a senior level management position serving as the deputy director for the Department of General Services (DGS). This position reports to the Director of DGS and has full authority and accountability in the absence of the Director. This position focuses on an approach to Countywide planning and real estate development and assists the Executive branch in working with the County Council and Planning Board on significant land use policy and implementation issues. The incumbent spends a significant amount of time in public forums promoting and supporting the County’s vision for a more cohesive, environmentally responsible, and cost-effective use of all facilities.

An employee in this class plans, develops, coordinates and evaluates land use and growth policies, redevelopment programs, and the use of public real estate assets. The employee directs managers in: review of planning and land use policies, capital planning and design, and maximizing the value of public real estate assets. This position has direct oversight and management of Capital Improvement Project (CIP) related design and construction and is tasked with leading the strategic direction related to sustainability in the County.

The work is performed within the context of broadly defined missions and functions and general administrative direction with little technical guidance. The employee exercises full accountability for all matters associated with completing work assignments, including determining the work to be performed and the methods used. Results of the work are considered technically authoritative and evaluated in terms of the Department’s role in meeting its goals and objectives. Guidelines consist of broad policy directives and basic legislation and require the employee to use considerable judgment in interpreting the intent of the guidelines and in generating specific policies and guidance for use by managers in developing various components of the County’s land use and growth policies, redevelopment and planning implementation, and use and development of county real estate assets. The complexity of the work is characterized by the need for planning, directing, and integrating a broad range of general functions, programs, and services for a wide range of diverse internal and external service recipients. The work requires consideration of public works, environmental, land use, community issues and impacts, and developing solutions which accommodate conflicting objectives from a variety of organizations, officials, groups, and individuals. These areas require substantial analysis of the legal implications for actions taken. This work directly impacts the business community and public and requires significant interaction with the public. The work is sedentary, performed in an office setting and subject to common everyday risks.

• Provide substantial input and influence on policy to department directors, County Council, the County Executive, and the public.

• Represent higher management and/or the organizational unit(s) managed in presenting, justifying, defending, gaining compliance, obtaining or committing resources, and resolving issues of considerable consequence to the organizational unit(s).

• Develop and implement organizational strategies that integrate the County Executive’s Vision Statement, and the County and State’s plans for facilities and services throughout Montgomery County.

• Oversee the department’s implementation of the Capital Improvement Program in the design and construction of public facilities.

• Develop and oversee administration of department-wide policies and procedures.

• In the absence of the Director, or for the Director, serve as the spokesperson for the Department by responding to inquiries from the media, the County Council, and other local and State Government officials and business, communities, and citizens.

Education: Graduation from an accredited college or university with a Master’s Degree in Planning, Public or Business Administration or related fields.

Experience: Seven (7) years’ experience in the field of planning, real estate development and asset management. with at least four (4) years in a managerial or supervisory capacity which included responsibility for fund and budget administration, program planning, implementation, and administration.

Equivalency: An equivalent combination of education and experience may be substituted.

Licenses, Registrations, Certifications, or Special Requirements: None.

Knowledge, Skills, and Abilities:

Advanced knowledge of:

• Methods and techniques, practices, and procedures of land use planning and real estate development.

• Laws, ordinances, and regulations governing the land use and development such as zoning, subdivision regulations, historic preservation regulations, and public real estate acquisition and disposition.

• Principles and practices of accounting and financial analysis as they apply to business transactions associated with real estate functions and services.

• Principles and practices of public administration as they may apply to the management of a complex government organization.

Skill in:

• Making timely decisions in the light of conflicting priorities.

• Negotiating agreements which accommodate the conflicting interests and viewpoints of individuals, groups, and contractors with a particular emphasis on real estate transactions.

• Oral and written communication sufficient to develop positions and justifications of decisions reached.

• Making presentations to and reaching out to the public in meetings.

• Negotiating agreements, a collective position, etc., in support of the execution of the program objective.

Ability to:

• Communicate effectively, orally and in writing, in a clear and concise manner.

• Establish and maintain effective working relationships with other governmental agencies, private organizations and the general public.

• Develop, present, and defend program measurements related to the program.

• Establish and maintain effective working relationships with government, community, business, and private individuals.

• Supervise support employees.

• Attend meetings and perform work assignments at locations outside the office.

Medical History Review.

This is an appointed, non-merit position in the County Government. This executive-level position reports to the Director, Department of Housing and Community Affairs (DHCA) and has full authority and accountability in the absence of the Director. The Deputy Director supports the Director in planning, developing, implementing, and evaluating policies, program, and special projects. The incumbent also addresses and resolves complex issues related to affordable, workforce, and market-rate housing with County, State, regional, and federal officials/managers as well as with private for-profit and not-for-profit sector and community/civic association leaders.

Incumbents perform a variety of complex duties. The distinguishing characteristics of this classification include responsibility for implementing affordable housing, the loan, grant, and other programs, and coordinating such efforts with other County, State, regional, and federal officials/managers and/or private agencies.

• Develops the departmental work program and develops responsive and fiscally sound policies which impact public, private, and community interests related to the County’s housing programs.

• Develops and promotes fair and affordable housing, tenant rights, and healthy living conditions and helps to preserve and produce affordable workforce and market-rate housing.

• Works with Director, Division Chiefs, and senior managers in planning and developing strategic, long-range policies; in establishing long and short terms goals and objectives; in implementing innovative programs and initiatives; and in determining organizational and financial resources required to meet objectives.

• Examines numerous diverse, complex, and politically-sensitive issues and problems related to housing and works with departmental and other County/outside stakeholders toward their resolution.

• Leads and/or works with task forces and advisory committees; analyzes recommendations / findings; informs/advises the Director and other officials of issues, strategies, and findings; implements, recommendations; evaluates outcomes, etc.

• Serves as the primary liaison to officials/staff at the Montgomery County Planning Board, MNCPPC, the Housing Opportunities Commission (HOC), Council of Governments (COG), State of Maryland Department of Housing and Community Development, and other agencies on all matters of mutual concern.

• Serves as the Director’s personal representative in meetings with and in making oral and written presentations before appointed and elected officials, community organizations, private sector business associations, and officials of both regulatory and non-regulatory local, State, and federal government agencies.

• Testifies before the County Council and Planning Board; participates in their committees regarding legislation and issues affecting departmental policies and procedures.

• Serves as liaison between the department and communities; manages community relations and outreach activities.

• Oversees administration/management of major departmental contracts.

• Monitors and evaluates housing development programs to ensure the program meets all federal and local regulations, guidelines, and reporting requirements.

• Oversees the management of public and privately funded grants from award to close out; and responsible for tracking project budgets, funding accounts, and program income.

• Participates in developing the department’s Operating and Capital Improvement Budgets.

• Provides oversight on modernization and development projects to include preparation of scope of services and participation in the selection process for developers or contractors.

• Manages/oversees the day-to-day real estate activities related to the acquisition and development of affordable, workforce, and market rate housing; coordinates development activities from planning to occupancy.

• Conducts and/or directs the efforts of consultants/contractors in carrying out evaluations and/or management studies of departmental programs; creates program evaluation criteria; assesses findings; proposes new approaches and/or modifications to Director.

• Coordinates the development of analytical and transactional tasks to include but not limited to market research, project budgets, sources and uses, draw schedules, proformas, and project schedules.

• Handles special projects, reports, and activities.

• Performs related duties as required.

Experience: Ten (10) years of progressively responsible experience in public housing, affordable housing, or real estate redevelopment environment; three (3) of which were in a supervisory or executive capacity; or the equivalent combination of education and experience which meet the minimum qualifications requirement.

Education: Bachelor’s degree from an accredited college or university with emphasis in Business Administration, Real Estate or closely related field.

Licenses, Registrations, Certifications, or Special Requirements: None.

Advanced knowledge of:

• Principles, practices, and techniques of planning, formulating, analyzing, and implementing management and programmatic policies and strategies.

• Long- and short-range strategic planning and evaluation techniques and methods, and ability to look to the future with a broad perspective.

• Principles and practices of housing, community planning, and urban development, including zoning ordinances, master and sector plan development, land use, etc.

• Local, State, and federal laws, regulations, and programs affecting affordable, workforce, and market-rate development activities.

• Functions and activities of the local government, bi-county, State, and federal agencies that deal with Montgomery County.

• Contract development, administration, and monitoring; budget/fiscal control; procurement; human resources; etc.

• Federal, State, local and County applicable laws, rules, regulations and guidelines.

Skill in:

• Identifying, analyzing, and evaluating information concerning highly complex and often politically-sensitive housing issues.

• Manage numerous responsibilities, set priorities, anticipate problems, develop contingency plans, and monitor achievement of broad program goals/objectives.

• Working effectively with task forces, advisory groups, and panels comprised of a diverse range of stakeholders; to grasp and synthesize key issues; and to implement recommendations/findings.

• Interpersonal relations and ability to establish and maintain effective working relationships with elected/appointed officials, managers and supervisors, other governmental staff, civic and community leaders and groups, and representatives of the private business sector.

• Negotiating agreements which accommodate the conflicting interests and viewpoints of numerous groups and organizations.

• Managing staff, allocating resources, and evaluating programs.

• Leadership, collaboration and negotiation techniques, including contracts, agreements, and proposals.

• Developing and monitoring programs and related budgets.

• Managing user expectations and satisfaction.

• Developing and evaluating Requests for Proposals (RFPs).

• Problem-solving and decision-making.

Ability to:

• Cooperate with and fully support the goals and objectives of intra and interagency programs and activities.

• Effectively representing the organization on policy matters and controversial questions and to deal tactfully and equitably with a diverse range of people.

• Communicating clearly, concisely, and effectively, both orally and in writing.

• Ability to attend meetings and/or perform assignments at locations outside of the office.

• Manage, motivate, train, develop, and evaluate staff.

• Work independently and efficiently and as part of a team.

• Manage time well, perform multiple tasks, and organize diverse activities.

• Translate policies and objectives into ideas and applications web-based information products.

• Research, compile, analyze, interpret, and prepare a variety of memorandums or reports.

Medical History Review.

This is senior level management work directing, coordinating and managing the administrative and operational activities for one of the five bureaus within the Police Department. This position reports to the Chief of Police. The employee in this non-merit position is appointed by the County Executive and confirmed by the County Council. The employee in this class is responsible for ensuring the delivery of police services to the citizens of the County as well as providing leadership, direction and support to Police Department personnel. Employee is responsible for designing, developing and implementing Police Department policies, strategies and programs that directly impact the participants and communities within the County, and explaining initiatives to employees, citizen and business groups and government representatives to gain understanding and support. In addition, this position is responsible for fostering collaborative partnerships across bureaus in the development and implementation of strategies and initiatives to ensure effective delivery of police services.

This is a civilian management position. The employee in this position is not a sworn law enforcement officer. The employee in this position may direct and supervise sworn officers in duties that do not solely rely on the officer exercising their authority as a sworn law enforcement officer. At no time may this employee direct a sworn officer to use their official authority as a law enforcement officer.

Represents the County government and Chief of Police in various forums concerning controversial and sensitive police matters by explaining the County’s goals and objectives, responding to questions, misunderstandings and apprehension, and gaining the support of groups being addressed.

Manages a large organizational unit by assigning work priorities to subordinate units in response to organizational needs overseeing the development and implementation of County, Department and unit operating and administrative procedures and memoranda of understanding with other agencies.

Sets standards for individual and organizational unit performance and coordinates evaluations, and any disciplinary action within appropriate County, collective bargaining and departmental policies and procedures.

Provides research, advice and recommendations to the Chief on a variety of police issues and concerns in order to develop new and innovative solutions, programs, policies and procedures.

Works with other departments of County Government, outside agencies and community and business leaders and organizations to address and resolve work problems, coordinate work efforts, develop partnerships and programs, and present and clarify the County and Department’s position on issues and operations.

Oversees preparation and administration of organization’s operating budget, including providing testimony before the County Executive and County Council.

Reviews and approves correspondence and reports prepared by subordinate employees for signature of the Police Chief.

Experience: At least seven (7) years of progressively responsible leadership experience, five (5) years of which were in a management level capacity. Work in police/law enforcement environment preferred.

Education: Possession of a Bachelor’s Degree in Public Administration, Public Policy, Business Administration, Criminal Justice, Law, or related field from an accredited college or university.

Equivalency: An equivalent combination of education and experience may be substituted.

Knowledge, Skills and Abilities:

Knowledge of modern management and supervisory principles and practices.

Knowledge of legislation and developments in the field of law enforcement including police administration, patrol techniques, criminal investigations, crime prevention and the criminal justice system.

Ability to plan, organize, coordinate, lead and otherwise direct large scale and complex police projects and programs and to resolve administrative and operational issues.

Ability to establish and maintain effective working relationships with other County officials and Federal and State officials, civic and business leaders, union representatives and the general public, particularly in situations where competing and conflicting concerns, interests, goals and/or objectives require both understanding and resolution.

License: Possession of a valid motor vehicle operator’s license.

This is an appointed, non-merit full-time position in the County Government reporting to the Director of Environmental Protection. Under the executive appointment of the County Executive and Directorship of the Department of Environmental Protection, the Deputy Director is responsible for assisting the Director in the leadership, operational management and administrative work directing the planning, analysis and execution of Environmental Protection services and programs across all divisions of the department. This position ensures safe continuity of operations and handles the strategic planning and execution of programs and business operations.

Key responsibilities of the position include organizational leadership and oversight of the budgets (General Fund, Water Quality Protection Fund, Solid Waste Fund Collection and Disposal Funds, and Capital Improvements Program), development of integrated resources (financial, human capital), and defining revenue financing plans that align with the department’s operational and strategic direction. The Deputy Director plays an integral role in assisting the Directors in defining and developing requirements and programs to ensure safe operations as well as identifying cost saving measures while ensuring effective and efficient operations, processes and services. This role works in consultation with the Director of Environmental Protection to plan, oversee and direct high-priority, cross-cutting, or time-sensitive special initiatives and projects. The Deputy Director also oversees the development and execution of health and safety programs for the department.

The work is primarily sedentary, performed primarily in office settings, and subject to usual everyday risks.

• Oversee development of the Departments Roadmap clarifying the strategic direction with goals and objectives

• Oversee development of the capital and operating budgets for the Department’s General Fund, Water Quality Protection Charge and Solid Waste Enterprise funds

• Assist the Climate Change Officer with development of the capital and operating budgets for the Climate Fund

• Develop financing strategy for all Department Capital projects

• Ensure requirements for safe operations at all department facilities are in place and document they are being followed

• In coordination with the Strategic Services Division, identify programs to be evaluated for efficiency. Work with appropriate division chiefs to perform the evaluation and implement necessary changes

• Identify organizational changes that may be needed to enhance efficiency and break down stovepipes. Implement necessary changes with support from the HR Liaisons and OHR

• Develop strategy, programs, procedures, and policies to ensure compliance with environmental regulations at U.S. Federal, state, and local levels

• Evaluate execution of budgets to identify areas of opportunity to be more efficient and provide enhanced services to residents at lower cost

• In coordination with Division Chiefs identify the areas of coordination within DEP and between DEP and other county departments that must be managed to ensure efficiencies in program implementation

• Ensure the department is following procurement regulations and administrative procedures related to financial controls and budgeting

• Performs full range of supervisory duties and leadership responsibilities including providing guidance, consultation and direction to direct reports, multiple executives as well as senior staff as required

• In coordination with Division Chiefs, ensure compliance with federal, state, and local laws governing the delivery of environmental protection services and programs

• Display executive level communication, long-range strategic planning, and organizational leadership competencies

• Build trust and communicate effectively with internal and external stakeholders

• Perform other related duties as required

Experience: Seven (7) years of progressively responsible professional experience in organizational or operations management in a related field, four (4) years of which were in a supervisory or executive capacity.

Education: Graduation from an accredited college or university with a Master’s Degree.

Equivalency: An equivalent combination of education and experience may be substituted.

• Extensive knowledge of the principles, practices, methods, and techniques of service delivery in a public administration with particular reference to management concepts and techniques, strategic planning principles, resource allocation and budgeting.

• Extensive knowledge of and ability to apply knowledge of budget, fiscal, and human resource regulations, and requirements and defend and execute large complex budgets • Extensive knowledge of government and private sector procurement, contract management, and human resources management

• Extensive knowledge of the principles and practices of public administration with particular reference to management concepts and techniques, strategic planning principles, resource allocation and budgeting

• Ability to prepare, defend, and execute large, complex budgets

• Extensive knowledge of government and private sector procurement, contract management, and human resources management

• Extensive knowledge of program development, implementation, management and evaluation techniques

• Skilled in high level interagency coordination, negotiations, and conflict resolution

• Skilled in interpersonal relations and ability to work tactfully and effectively with elected/appointed officials, union representatives, employees, supervisors and managers, and community and business organization leaders

• Knowledge of applicable Federal, State and County laws, regulations, and policies affecting environmental protection services and programs

• Skill in identifying, analyzing, and evaluating information concerning highly complex and often sensitive environmental protection services and programs

• Skill and ability to manage a department/agency/organization, set priorities, communicate expectations, anticipate problems, develop contingency plans, and monitor achievement of broad programmatic goals, objectives, and quality standards

• Ability to lead, inspire, motivate, evaluate, and counsel subordinate supervisory staff and to delegate responsibility to them, as appropriate

• Ability to communicate effectively, orally and in writing, in a clear and concise manner

Medical History Review.

This is an appointed, non-merit full-time position in the County Government reporting to the Director of Transportation. Under the executive appointment of the County Executive and Directorship of the Department of Transportation, the General Manager of Transit Services is responsible for the leadership, management and administrative work directing the Division of Transit Services within the Department of Transportation. The General Manager of Transit Services is responsible for the safe and timely delivery of public transit services to meet the needs of the public

Key responsibilities of the position include organizational leadership; full line management; fiscal oversight; planning and operational implementation; and policy development to achieve County objectives related to a county-wide public transit bus system, including planning, direction and operation of the transit system and related facilities. The General Manager leads and supervises the operation of the County’s transit system including Ride On, Ride On extRa, Ride On Flex, and the FLASH bus rapid transit network, overseeing a staff of approximately 800 employees, and 400 buses operating out of 3 transit depots. The General Manager ensures a commitment to safety and customer service through effective leadership, role modeling, and implementing practices that demonstrate that safety, customer service, and stewardship of County resources are fundamental values in all aspects of work. The General Manager ensures that County provided transit and related mobility services will address equity within the community and meet the needs of county residents, including the specific needs of youth, low-income seniors, and residents with disabilities. The General Manager also ensures the County’s system is coordinated with regional services such as MetroBus, MARC Commuter Rail, and MTA Commuter Bus services.

The work is primarily sedentary, performed primarily in office settings, and subject to usual everyday risks.

• Performs full range of supervisory duties and responsibilities associated with leading the Division of Transit Services

• Develops and implements long and short-range strategies designed to achieve the County’s transit service goals and objectives and establishes priorities as necessary to accomplish.

• Exercise technical management oversight for transit operations.

• Ensure compliance with federal, state, and local laws governing the provision of transit services and its resources (personnel, vehicles, passenger facilities, etc.).

• Lead and manage a workforce consisting of unionized employees, and foster a positive labor relations environment based on trust, respect, and cooperation in a collective bargaining environment.

• Display executive level communication, long-range strategic planning, and organizational leadership competencies.

• Build trust and communicate effectively with residents and businesses about transit services, programs, and plans.

• Ensure and be available on a 24/7/365 basis to respond to major events and emergencies that affect countywide transit service continuity.

• Perform other related duties as required.

Experience: Ten (10) years of progressively responsible professional experience in organizational management and long-range strategic planning in Public Transit Bus Systems, four (4) years of which were in a supervisory or executive capacity.

Education: Graduation from an accredited college or university with a Bachelor's Degree

Equivalency: An equivalent combination of education and experience may be substituted.

• Extensive knowledge of the principles, practices, methods, and techniques of service delivery in a public transit system.

• Extensive knowledge of and ability to apply knowledge of budget, fiscal, and human resource regulations, and requirements.

• In-depth knowledge of federal, state, and local laws and regulations governing the provision of transit services and its resources (personnel, vehicles, passenger facilities, etc.).

• Skill and ability to manage and lead a large organization, set priorities, anticipate problems, develop contingency plans, and monitor achievement of broad program goals and objectives.

• Skill in interpersonal relations and ability to establish and maintain effective working relationships with other government staff, civic, community and private groups, and passengers.

• Ability to represent the organization on policy matters and controversial topics

• Exceptional ability to inspire, empower, mentor, develop and sustain a highly functional team, including ability to evaluate and counsel subordinate supervisory staff and to delegate responsibility to them as appropriate.

• Ability to communicate clearly, concisely, and effectively; listen effectively and share information internally and externally.

• Ability to attend meetings and/or perform assignments at location outside the office.

Medical History Review

1.1 The purpose of this regulation is to identify the nations that issue consular Registration Cards that may be accepted by Montgomery County agencies as personal identification and proof of residence.

2.1 Consular Registration Card means an identification card issued by a foreign government to one of its nationals living in the United States after sufficient verification of the card holder's identity and place of residence.

3.1 Consular Registration Cards issued by the following nations may be accepted by County agencies as personal identification and proof of residence:

3.1.1 Guatemala

3.1.2 Mexico

The Director of the Department of Fire and Rescue Services shall delegate in writing day-to-day supervision of Montgomery County merit system firefighters/rescuers assigned to a fire or rescue corporation, including authority to initiate discipline, to the senior county merit system firefighter or rescue worker assigned to a particular fire or rescue corporation. This senior firefighter or rescuer may designate other county merit system firefighters/rescuers to act as .the senior county merit system firefighter/rescuer in his/her absence. The senior merit system firefighter/rescuer shall be responsible to the Director of the Department of Fire and Rescue Services for all personnel matters under the terms of the applicable County Personnel Regulations and policies.

All delegations by the Director, and designations by the senior career firefighter/rescuer, shall be in writing, with copies to the affected corporations.

One or more corporation officers may be authorized in writing by each corporate board of directors to give directions on the management of corporation activities and facilities to the senior County merit system firefighter/rescuer assigned to a corporation and designated by the Director. Copies of this authorization must be furnished to the Director of the Department of Fire and Rescue Services and the senior County firefighter/rescuer for the corporation. An authorized corporate officer may, with the approval of the Board of Directors, delegate this authority to a subordinate corporate officer. If more than one authorized corporation officer is present at a particular place and time, the direction of the senior corporation officer controls.

If any direction of an authorized corporate officer is contradictory to a previous written order of the Director, the senior County merit system firefighter/rescuer may suspend implementation of the direction until the director or his designee is advised and confirms, modifies or rejects the direction. The designated corporation officer may request a review of a modified or rejected direction by the Chief Administrative Officer who shall respond with a final written decision.

This Regulation is subject to the chain of command promulgated by the Fire and Rescue Commission, which, in case of conflict with this regulation, shall control. Montgomery County merit system firefighter/rescuers responding to an operational incident will receive and be subject to directions and commands pursuant to the integrated emergency command structure adopted by the Montgomery County Fire and Rescue Commission pursuant to the provisions of the Montgomery County Code.

Each fire or rescue corporation nay designate in writing a person to meet and consult with the Director of the Department of Fire and Rescue Services or appropriate designee concerning any personnel, assigned by the Department of Fire and Rescue Services to the fire corporation.

Crime: An act committed by any person which would be a crime under the laws of this County, the State of Maryland, Federal Law, or at Common Law.

Department: Montgomery County Department of Health and Human Services.

Director: The director of the Montgomery County Department of Health and Human Services or the director's designee at or above the level of program administrator.

Fund: Crime Victim Compensation Fund.

Immediate Family Member: A parent, child, spouse, or sibling of the victim.

Income Eligible: A victim whose gross annual income is within the eligibility guidelines as set by the Montgomery County Housing Opportunity Commission for Federally subsidized benefits.

Law Enforcement Agency: Defined for purposes of this regulation as:

A. the Maryland State Police;

B. the Montgomery County Police Department;

C. the Police Department, Bureau, or Force of any incorporated city or town lying within Montgomery County;

D. the Montgomery County Sheriff’s Department;

E. appropriate Federal law enforcement agency; and

F. any comparable law enforcement agency outside Montgomery County.

Program: Victim Assistance and Sexual Assault Program of the Behavioral Health and Crisis Services Area of the Department of Health and Human Services.

Program Administrator: Administrator of the Victim Assistance and Sexual Assault Program.

Victim: A person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime or attempted crime and includes immediate family members or household members.

2.1 The Department of Health and Human Services is responsible for establishing necessary departmental procedures to ensure the expeditious handling of all requests for victim compensation.

2.2 As part of the annual budget submission, the County Executive will state the amount raised by the Victim Assistance and Sexual Assault Program in the previous calendar year and recommend, in addition to the regular appropriation for the program, an additional appropriation necessary for a 2-1 County match of private donated funds.

3.1 In addition to self-referrals, the Program will accept referrals from the Police, the Courts, the State's Attorney's Office, the Abused Persons Program, and other individuals, programs, and agencies who have come into contact with victims of crimes.

4.1 To be eligible to receive compensation from the Fund, an individual must be a victim of a crime committed in Montgomery County or a resident of Montgomery County who is a victim of a crime in another jurisdiction where comparable compensation is not available. The crime must have been reported to an appropriate law enforcement, domestic violence or sexual assault agency within forty-eight hours after its occurrence or its discovery. The Program Administrator may waive this deadline if the administrator determines that it was difficult or impossible for the victim to meet the deadline. Reporting to an appropriate law enforcement agency means that a crime report number is issued and recorded in that law enforcement office.

4.2 In addition, immediate family members and household members of a victim are eligible to receive compensation from the Fund.

4.3 If a victim is deceased as a result of the crime, funeral, cremation, or other burial and final disposition services for the victim may be compensated from the fund. A funeral, cremation, or other burial and final disposition service provider may request and receive compensation for services provided on behalf of the victim. A person or entity may request and receive compensation for funeral, cremation, or other burial and final disposition service provided on behalf of the victim provided that proper documentation of payment to the service provider is submitted to the Program.

5.1 Income eligible victims are eligible for costs incurred for court appearances, claim hearings, and medical (including mental health) treatment; replacement of property lost as a result of a crime and needed for the well-being of the victim; and other services or financial assistance directly related to the effects of the crime on the victim. Total compensation per single criminal incident is limited to $5,000.

5.2 A member of a victim’s immediate family or household may receive compensation for mental health services only. Reasonable proof that a relationship qualifies under this subsection may be requested. Reasonable proof shall consist of one or more of the following: marriage certificate, birth certificate, lease or mortgage statement demonstrating joint residence; utility bills demonstrating joint residence; or documentation that the Director determines is equivalent to the above.

5.3 Compensation for mental health services for the victim’s immediate family or household members may not exceed $1,000 (20% of the maximum compensation) if the member of the immediate family or household meets income limits that apply to the victim.

5.4 Compensation for mental health services for the victim’s immediate family or household members may not exceed $500 (10% of the maximum compensation) if the member of the immediate family or household is not income eligible and the Director the Director waives the income limits. The Director may waive income eligibility if he determines doing so will promote the Fund’s purpose of assisting and supporting crime victims.

5.5 Compensation for mental health services paid for the victim’s immediate family or household members is not included in the victim’s total maximum compensation of $5,000 per single criminal incident.

5.6 Compensation for funeral, cremation, or other burial and final disposition service costs is included in the victim’s total maximum compensation amount of $5,000.

5.7 The Director may waive the income limits if the Director determines that the costs of the crime are likely to reduce the victim’s income below the income limits within twelve (12) months of the date of application for assistance.

5.8 Compensation, replacement of property and other financial assistance are available only to the extent that they are not available from insurance, the State victim compensation program, the Partnership Board for Victims of Hate Violence, or any other source.

The Director may waive the income limits for a victim who is not income eligible for a maximum compensation of $500 (10% of the maximum compensation). Income eligibility may be waived if the Director determines doing so will promote the Fund’s purpose of assisting and supporting crime victims.

Compensation, replacement of property and other financial assistance are available only to the extent that they are not available from insurance, the State victim compensation program, the Partnership Board for Victims of Hate Violence, or any other source.

6.1 To file a claim for compensation or property replacement, a person or entity eligible under 02.42A.01.04 must complete an application form and deliver the completed form to the Program.

6.2 To file a claim for compensation, a person or entity eligible under 02.42A.01.04 must sign a statement affirming that all information provided and statements made to the Program are true and based on personal knowledge.

6.3 Any claim for compensation must be filed by the victim, immediate family member or household member within 90 days after the crime is reported. The Program Administrator may waive the 90-day requirement if determined that it was difficult or impossible for the a person or entity eligible under 02.42A.01.04 to meet the deadline.

7.1 After receipt of referral, a Victim Assistant should attempt to contact the victim within seven (7) working days to determine eligibility. Contact shall be done by mail when necessary. This initial contact will include the review of information affecting victim’s eligibility, including but not limited to such items as general amount and urgency of need, potential insurance coverage and deductible amounts, and general income level of the victim.

7.2 If the victim is eligible for the program and desires assistance, a Victim Assistant will assist the victim in completing an application form.

7.3 Upon receipt of the compensation application form, the Victim Assistant will process the claim including, but not limited to, verification of the crime data, final eligibility determination and value assessment.

7.4 After investigation and determination of an appropriate compensation amount by the Victim Assistant, the Program Administrator shall approve or disapprove payment of the claim within 30 days of the Program Administrator determining that the application is complete, subject to the availability of funding.

7.5 The Program Administrator will prepare a written report on the Crime Victim Compensation Fund annually to the Victim Services Advisory Board.

8.1 The Victim Services Advisory Board will review the annual report presented by the Program Administrator and make recommendations for changes and/or improvements to the Director of the Department of Health and Human Services.

8.2 The Victim Services Advisory Board will include their review of the Crime Victim Compensation Fund in their annual report to the County Executive and County Council.

9.1 This regulation takes effect 30 days after approval by the County Council.

Section 16-201(b), Health-General Article, Annotated Code of Maryland, requires political subdivisions to set charges and collect fees for health and health-related services funded in whole or in part by State or Federal funds. Services provided by the Montgomery County Department of Health and Human Services are affected by this law.

Section 2-42A(e), Montgomery County Code requires that fees for Department of Health and Human Services services will be established by the County Executive who may from time to time change them in an amount not to exceed the actual cost of the services provided.

The current maximum fee to be charged by the Department of Health and Human Services for the health services it provides is determined annually by the Maryland Department of Health.

The Maryland Department of Health annually issues an Ability to Pay Schedule in accordance with its responsibilities under Section 16-201, Health-General Article, Annotated Code of Maryland. That portion of the authorized service fee to be paid by a client is determined by reference to the Ability to Pay Schedule. No client is denied services due to inability to pay.

1. Section 4-217(d), of Health-General Article, Annotated Code of Maryland authorizes each county local health department to set and collect a fee for processing and issuing a death certificate that covers the administration cost of providing this service. The fee set by the local health department for processing and issuing a death certificate as determined by the Health Officer.

2. Section 2-42A(e), Montgomery County Code, as amended, requires that fees for Department of Health and Human Services services be established by the County Executive who may from time to time change them in an amount not to exceed the cost of the services provided.

3. The fee to be charged for the preparation of a death certificate will be determined by the Health Officer based on the determination of the actual cost of processing and issuing a death certificate.

This regulation takes effect thirty (30) calendar days after the deadline for comments published in the Register.

1.1 In this regulation, unless more specifically defined, the following words have the meanings stated:

2.1 General Eligibility

3.1 Initial Application

4.1 The subsidy amount for eligible households will be updated annually, and will be calculated based on the following:

5.1 Payment to Providers for Services Rendered

6.1 Benefits may be terminated if the client:

7.1 Any person who knowingly makes or helps another person to make a false or misleading statement in order to obtain WPA benefits:

8.1 Waivers

The program administrator may waive any WPA eligibility requirement upon a finding of financial or other hardship.

8.2 Waiver Procedures

All waivers must be requested by the case worker in writing to the program administrator. The waiver must clearly state the eligibility requirement for which the waiver is being requested and the hardship created if the benefit were denied.

9.1 Notice to Recipients of Adverse Action

10.1 Appeals by the Applicant or Client

11.1 Except as provided in Sections 3.1(e) and 3.2(d) of this regulation, no adverse action will be taken against an applicant or client until the expiration of the following periods, to the extent applicable:

If an applicant or client is aggrieved by a final decision of the department in an administrative review hearing, that applicant or client may file an original complaint in the Circuit Court for Montgomery County, Maryland.

1.1 Definitions

Unless more specifically defined, the following words have the meanings stated:

A. Applicant means a person who applies for the Program, but is not yet a recipient of benefit payments.

B. Adjusted monthly income means the combined monthly gross income of all of the members of the household, less allowable deductions as defined in 02.42A.07.01, 1.1 (M).*

C. Asset means all accumulated personal wealth, property or interest in property, over which a person has the authority or power to liquidate an interest.

1. An asset includes, but is not limited to:

a. cash;

b. time or demand deposits in a financial institution such as checking accounts, savings accounts, certificates of deposit, or money market funds;

c. stock;

d. bonds;

e. shares in a mutual fund;

f. trusts; or

g. real estate.

2. An asset does not include:

a. furniture and furnishings used in the rental unit;

b. clothing; or

c. one automobile for each member of the household who is a licensed driver.

D. Benefit payment means the monthly payment made by the Department to the landlord for a recipient’s contract rent.

E. Co-occurring disability means the simultaneous existence of chronic substance abuse and a mental disorder.

F. Continuum of Care is a regional or local planning body that coordinates housing and services funding for homeless families and individuals.

G. Coordinated Entry System is a client-centered process required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 that streamlines access to housing interventions for each individual or family experiencing homelessness. Within a Coordinated Entry System persons are prioritized for housing based on vulnerability using a data-driven, real time process.

H. Contract rent means the monthly rent agreed to by a written lease agreement between the applicant household and the landlord, regardless of any furnishings, fees, meals, or services.

I. Department means the Montgomery County Department of Health and Human Services.

J. Director means the Director of the Montgomery County Department of Health and Human Services or the Director’s designee.

K. Developmental disability means a severe chronic disability of an individual that:

1. Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or attributable to a combination of mental and physical impairments;

2. Is likely to continue indefinitely;

3. Is manifested in an individual before the age of 22;

4. Results in an inability to live independently without external support or continuing and regular assistance; and

5. Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual.

L. Elderly means a person at least 62 years old.

M. Fair Market Rent means the rent, including the cost of utilities (except telephone), as most recently published by the United States Department of Housing and Urban Development, for units of varying sizes (by number of bedrooms) that must be paid in the Washington Metropolitan Area housing market to rent privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities.

N. Gross income means total household income, taxable and nontaxable, from all sources, whether or not reported on a federal or state income tax return.

1. Gross income includes, but is not limited to:

a. wages and tips received as compensation for employment or services rendered, before taxes and other deductions;

b. interest and dividends from all financial accounts;

c. benefits under the Social Security Act or the Railroad Retirement Act;

d. bequests and inheritances;

e. child or spousal support payments;

f. recurring monetary gifts and loans (excluding student loans) made to the household by other persons not living in the household to assist with rent or other living expenses;

g. strike benefits where there is no employee contribution;

h. Temporary Cash Assistance (TCA), Refugee Assistance, and Temporary Disability Assistance Program (TDAP) benefits;

i. pensions and annuity benefits, including veterans, railroad and mine worker benefits;

j. unemployment compensation benefits;

k. trust fund disbursements;

l. capital gains;

m. net profits from business and property rentals;

n. worker’s compensation benefits;

o. stipends for educational or research fellowships for living expenses, excluding that portion that covers tuition and required fees;

p. foster care benefits; and

q. net income from self-employment.

2. Gross income does not include:

a. losses from businesses, rental, or capital transactions;

b. third-party payments made by someone outside of the household for living expenses;

c. payments given directly to a service provider for which the applicant has no discretion over the use of the funds;

d. employment income of household members under 18 years old, unless emancipated;

e. employment income of full-time students 18 years of age or older, unless that person is the applicant, or the spouse of the applicant.

f. student financial assistance in the form of grants, loans or work study aid provided under the Higher Education Act, under a State program, or by an institution of higher education and including Pell Grants, Supplemental Educational Opportunity Grants, Federal Family Education Loans, Ford Direct Loans, Perkins Loans, State Student Incentive Grant, College Work Study, Civic and Fraternal Scholarships, Private Company Scholarships;

g. Medicare payments deducted from Social Security benefits; and

h. Nazi Restitution payments to victims of Nazi persecution.

3. A deduction from monthly household gross income may be granted by the Department when determining eligibility for the Program, if documentation is provided by the applicant that demonstrates the household makes regular out-of-pocket payments for any of the following:

a. child care expenses up to the Montgomery County average cost of child care, by type of care, as determined by the Montgomery County Working Parents Assistance Program;

b. medical expenses for doctor and dental fees, prescription drugs and prescribed medical procedures that are not reimbursed by insurance or other sources;

c. over-the-counter medical products, if ordered by a doctor to treat an ongoing medical condition; or

d. medical insurance premiums.

O. Homeless means individuals and families who are defined consistent with the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 as individuals, adults and children who lack a fixed, regular, and adequate nighttime residence. This includes individuals and families who:

1. Are sleeping in a place not designed or ordinarily used as a regular sleeping accommodation including a car, park, abandoned building, bus or train station, airport, or camping ground;

2. Live in emergency or transitional shelter (including congregate shelters, transitional housing, as well as hotels/motels and community placements paid for with public funds to prevent homelessness).

3. Are exiting an institution where the person has resided for 90 days or less and was homeless prior to entering the institution.

P. Household means a single individual or two or more persons, whether or not related, who live together in a rental unit.

Q. Housing Locator means the person from the Department, or an agency contracted by the Department, who is designated to assist an applicant approved to receive program benefits with identifying and locating rental housing in Montgomery County.

R. Legal resident means a person who is either a citizen of the United States or a person who is a non-citizen who has been granted eligible immigration status in the United States by the United States Citizenship and Immigration Services.

S. Mental disorder means a behavioral or emotional illness that results from a psychiatric or neurological disorder. A mental disorder also includes a mental illness that substantially impairs the mental or emotional functioning of an individual and makes care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another. Mental disorder does not include a developmental disability.

T. Mixed household means any household that includes persons who are legal residents and persons who are not legal residents.

U. Program means the Housing Initiative Program.

V. Recipient means a person who currently receives a benefit payment. An applicant becomes a recipient on the effective date of the first benefit payment to the landlord. A recipient includes a person who reapplies for Program eligibility before the end of a current eligibility period.

W. Relative means a parent, step-parent, grandparent, child, step-child, sibling, father-in-law, mother-in-law, son-in-law, daughter-in-law or spouse.

X. Rental unit means a unit in Montgomery County that is licensed in accordance with Chapter 29 of the Montgomery County Code.

1. A rental unit cannot be occupied by more than one household and includes, but is not limited to:

a. a detached or attached single family home or town home;

b. an apartment in a multi-family facility;

c. a condominium or cooperative unit in a multi-family facility;

d. a rental mobile home in a licensed mobile home park; or a rented mobile home pad on which the applicant has placed a mobile home in a licensed mobile home park;

e. a room or group of rooms in an attached or detached single family home or town home, apartment condominium or cooperative;

f. a personal living quarters; or

g. an accessory apartment.

2. A rental unit owned by a relative of any member of the applicant household is eligible only if the Department determines that approving the rental unit would provide reasonable accommodation for the recipient or for a household member.

Y. Service coordinator means the person from the Department, or an agency contracted by the Department, designated to provide on-going outreach to a recipient to engage them in services and ensure residential stability.

Z. Service provider agency means the Montgomery County public or private agency that refers an applicant to the Program.

AA. Special populations means:

1. a person with a sensory, cognitive or mobility impairment;

2. a person with a developmental disability;

3. a person with a chronic mental disorder;

4. a person with a co-occurring disability;

5. a person with chronic substance abuse;

6. a person who is elderly and in need of independent or supportive housing;

7. a person who is homeless; or

8. a youth transitioning from systems of public custodial care such as foster care and juvenile justice.

BB. Substance abuse means a disease which is characterized by the pathological use of a drug or alcohol with repeated attempts to control the use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psychosocial.

CC. Suitably sized unit means the standard for the appropriate number of bedrooms needed for households of different sizes and compositions as most recently publishing by the Montgomery County Housing Opportunities Commission for the Housing Choice Voucher Program.

DD. Tenant rent responsibility means the monthly amount owed by the recipient household to the landlord. The tenant rent will be equal to 30% of the recipient household’s gross adjusted monthly income, less any monthly utility allowance.

2.1 General Applicant Requirements

A. Applicant must be referred to the Department through the Coordinated Entry System operated by the Continuum of Care.

B. Applicant must be included in at least one of the special populations as defined in 02.42A.07.01, 1.1 (Z)* of this regulation.

C. Applicant must be a legal resident of the United States.

D. Applicant must be a resident of Montgomery County.

E. Applicant must be at least 18 years old and must plan to reside at the eligible rental unit for which the benefit payment is being paid.

F. Applicant, or any household member, must not have been previously excluded by the Director from participation in the Program.

G. Applicant, and all household members 18 years of age or older, must agree to undergo a criminal background check and be screened through the National Sex Offender Registry.

H. Applicants may be excluded from the Program if they or any member of the household has been convicted of criminal activity that would adversely affect the health, safety or wellbeing of other persons.

2.2 Income Requirement

The combined gross adjusted monthly income of all of the members of the applicant household on the date the application is approved must not exceed thirty (30) percent of the area median income for a household of comparable size as most recently published by the United States Department of Housing and Urban Development.

2.3 Rent Cost Limitation

The contract rent for the eligible rental unit occupied by the household must not exceed 120 percent of the average cost for a suitably sized unit. The average Montgomery County rental costs must be determined periodically by the Department as most recently published by the Montgomery County Department of Housing and Community Affairs.

2.4 Lease Requirements

A. Each household must have a written rental lease agreement, executed by the landlord and the household, that complies with the provisions of Montgomery County Code, Chapter 29, Landlord-Tenant Relations. If the household is subletting a rental unit, then the primary lessee must have a written agreement with the property owner permitting the primary lessee to sublet. If a recipient remains in a rental property after the initial lease expires as a month-to-month tenant, the recipient must provide the Department with written verification signed by the landlord of the status of their rental agreement and the amount of the current monthly rent.

B. Single persons residing together must have individual leases with the property owners or primary lessee in order to be considered as separate households for the purposes of determining Program eligibility. Otherwise, all persons must be considered as one household and must meet all eligibility criteria.

2.5 Service Agreement Requirements

A. All Program benefit payment recipients must have a written service agreement signed by the service coordinator and the recipient. Household members who are 18 years of age or older may also be required to sign an individual service agreement, or be a party to the recipient’s service agreement, as determined appropriate by the service coordinator.

B. The service agreement must include, at a minimum:

1. a detailed description of the tasks and responsibilities of the recipient and the service coordinator to maintain housing;

2. requirements for Program participation, such as eligibility criteria, benefit payment limits, reapplication requirements, grievance procedures and termination policies; and

3. requirement that benefit payment recipients must apply, when available, to receive Housing and Urban Development Housing Choice Voucher or Public Housing benefits and may not continue to receive Program benefit payments if approved to receive an equivalent rental assistance subsidy from another local, state or federal housing subsidy program. The benefit recipient may remain eligible to receive supportive services provided by the service coordinator.

2.6 Asset Limits

The value of the assets of all of the members of the household must not exceed $10,000.

3.1 Application Procedure

A. Applications will be accepted by the Department only when appropriated Program funds are available. The Department will establish the time period of application acceptance in accordance with funding availability and notify service provider agencies in writing of the application acceptance dates.

B. In order to be considered for the Program, the referring service provider agency, together with the applicant, must submit an application on a form provided by the Department, which is signed by both the applicant and the service provider agency. Supporting documentation and information verifying household income and assets must be submitted with the application and the applicant must certify in writing on the application, or on an accompanying form, that all information reported on the application form is accurate and true.

C. The applicant, and all members of the household 18 years of age or older, must sign a release of information form permitting the Department to perform a criminal background check and screening through the National Sex Offender Registry.

D. The applicant, and the referring service provider agency, must submit any information determined by the Department as necessary to verify that all Program eligibility criteria have been met. At a minimum, the following documentation must be submitted for each household member as determined to be applicable by the Department:

1. A copy of the most recent Federal tax return, including a copy of all income and interest statements.

2. Financial statements documenting assets and indicating interest or dividends earned and principal account balances.

3. Documentation of wages, tips and other income for at least 30 days preceding the date of application.

4. Any other information required by the Department to determine if all standards of eligibility have been met.

E. The applicant must submit one of the following for each household member, as determined applicable by the Department, to prove eligible immigration status:

1. resident alien card;

2. resident alien receipt card;

3. arrival/departure record;

4. temporary resident card;

5. employment authorization card; or

6. receipt issued by the United States Citizenship and Immigration Services for the replacement of documentation to provide eligible immigration status.

3.2 Application Review

Within 30 calendar days after receipt of the signed application and all documentation requested by the Department, the Department must approve or deny each application and send written notification to the applicant and the referring service provider agency of the application status.

3.3 Applicant Priority

A. Each applicant will be prioritized for housing by the Coordinated Entry System and referred to the Housing Initiative Program as an openings occur in the program.

B. Applicants who have applied for or who are on a federal, state or other local housing program waiting list, may not be:

1. refused placement; or

2. given a lower priority than they are otherwise qualified to receive.

3.4 Approval

A. The Department will notify the applicant and the referring service provider agency in writing when the applicant is approved to receive program benefits. The Department will assign a Housing Locator and Service Coordinator who will work with the applicant to identify an appropriate rental unit and assist the applicant through the leasing process. The service coordinator will engage the applicant in services as appropriate and execute a written service agreement as outlined in 02.42A.07.02, 2.5, of this regulation.

B. The applicant’s approval for program benefits will be rescinded if the applicant fails to identify an appropriate housing option within 120 calendar days of program acceptance. Prior to rescinding benefits, the program will assess the barriers contributing to inability to identify housing and may grant the applicant an extension not to exceed 60 days prior to terminating benefits.

C. When a rental unit is found, the housing locator or service coordinator, together with the applicant, must submit a request for approval of the rental unit to the Department. The Department will review the rental unit request to ensure that the rental unit:

1. conforms to the definition of a rental unit as defined in 02.42A.07.01, 1.1.W.,* of this regulation;

2. meets the suitably sized unit standard for the appropriate number of bedrooms needed for the household size;

3. conforms to the rent cost limitation as outlined in 02.42A.07.02, 2.3, of this regulation; and

4. conforms to the lease requirements as outlined in 02.42A.07.02, 2.4, of this regulation.

D. Upon approval of the rental unit by the Department, a copy of the executed lease agreement must be submitted to the Department. The Department will determine the amount of the benefit payment in accordance with 02.42A.07.04 of these regulations.

E. The household may lease an eligible rental unit with fewer bedrooms than the suitably sized unit standard for their household size; however the eligible rental unit must meet all other applicable space requirements.

F. The household may not lease an eligible rental unit with more bedrooms than the household size standard.

G. An approved applicant must occupy the approved rental unit as of the date that the benefit payment will commence.

H. An applicant’s benefit payment approval period will be for a maximum of 24 consecutive months. Benefit payments may be renewed by the Department upon reapplication by the recipient before the end of each benefit payment eligibility period.

I. Benefit payment recipients must apply, when available, to receive Housing and Urban Development Housing Choice Voucher or Public Housing benefits. Recipients of Program benefit payments may not continue to receive Program benefit payments if approved to receive an equivalent rental assistance subsidy from another local, state or federal housing subsidy program. The recipient may remain eligible for service coordination services provided by the Program.

3.5 Moves

A. If a recipient intends to move from their approved rental unit, the recipient, together with the service coordinator, must submit a written request to the Department for approval of the new rental unit at least 30 days prior to the requested move date. If the move is voluntary, the written request must be submitted at least 30 days prior to the date the recipient is required to provide notice of intent to vacate in accordance with the lease terms.

B. The Department will review the request to determine if the new rental unit conforms to the standards as outlined in 02.42A.07.03, 3.4, of this regulation.

C. If the recipient move is voluntary, the Department will not be responsible for payment of any costs resulting from the recipient’s move, including but not limited to penalties for early lease termination, moving costs, damages, or security deposits for the new rental unit.

3.6 Reapplication

A. The service coordinator, together with the recipient, must reapply for benefit payments before the expiration of the recipient’s benefit payment eligibility period in accordance with deadlines and procedures established by the Department.

B. A recipient may not continue to receive benefit payments after the expiration of a benefit payment period unless the service coordinator, together with the recipient, reapplies for benefit payments during the eligibility period and the recipient household continues to meet the eligibility criteria then in effect.

C. A recipient’s service coordinator must report to the Department within 30 days when any one of the following occurs;

1. number of household members increases or decreases;

2. amount of contract rent increases or decreases; or

3. household gross income changes by 10 percent or more.

D. A recipient’s service coordinator must report to the Department immediately when any one of the following occurs:

1. rental unit lease is terminated;

2. household moves from the rental unit;

3. recipient receives a notice of eviction; or

4 recipient is away from the rental unit for more than 60 consecutive calendar days.

3.7 Application Denial

A. Applications must be denied based on a determination by the Department that the applicant does not meet one or more eligibility criteria as outlined in this regulation or has failed to provide adequate information or documentation with respect to one or more eligibility criteria.

B. An applicant who is denied benefit payments and the referring service provider agency must be notified in writing by the Department of the denial and the reason for the denial within 30 calendar days after receipt of the signed application and all documentation requested by the Department.

C. The written notice of denial must include:

1. the decision, the reasons for the decision, and regulations supporting the decision;

2. the right to request an informal case review;

3. the method by which a case review may be requested;

4. the right to be assisted by legal counsel, a relative, a friend, or other individual;

5. the right to appeal an unfavorable decision of a case review by requesting an administrative review hearing;

6. the right, upon request, to have an interpreter present in a case review and in an administrative review hearing; and

7. the waiver of the right to an administrative review hearing if a case review is not timely requested.

3.8 Applicant Case Review

A. An applicant has 30 calendar days from the date of the Department’s notice of denial to request a case review. The applicant may make the request to the Department in writing, in person, or by electronic mail or fax simile.

B. A case review will consist of a review by the Program administrator of the oral and documentary information pertinent to the application and any information provided by the applicant relating to the denial of the application.

C. Within 15 calendar days of the case review, the Department must send the applicant and the service provider agency a notice of the decision from the case review. The notice must state the basis for the decision. If the decision is adverse to the applicant, the notice must state that the applicant has the right to appeal the decision by requesting an administrative review hearing. The Department must include a copy of the form for appealing the decision with the notice.

D. The Department must, upon request, assist an applicant with requesting a case review or an administrative review hearing and provide an interpreter to assist an applicant with requesting a case review or an administrative review hearing.

4.1 Tenant Rent

A. The recipient will be responsible for paying the landlord an amount determined by the Department that is equal to 30% of the household gross adjusted monthly income.

B. If the recipient is responsible for payment of utilities separate from rent, a utility allowance will be deducted from the tenant rent responsibility. The amount of the utility allowance will be based on the same standard used to determine utility allowances for the Housing Choice Voucher Program as most recently published by the United States Department of Housing and Urban Development.

C. If the utility allowance deduction is greater than the total tenant rent responsibility, the negative balance will be paid by the Department to the recipient to assist with the payment of monthly utility costs.

4.2 Benefit Payment Calculation

A. The benefit payment to the landlord by the Department will be the difference between the contract rent and the tenant rent responsibility.

B. Mixed Households will receive a prorated benefit payment reduced by the percentage of household members who are not legal residents.

4.3 Benefit Payment Limits

A. Only one household per eligible rental unit may receive benefit payments.

B. A recipient, or any household member, cannot receive any federal, state or local housing program subsidy in addition to a Program benefit payment.

4.4 Benefit Payment

A. Benefit payments may only be paid to the landlord on behalf of a recipient during the lease term.

B. The first benefit payment will be made in the month the lease term date begins and will be prorated for the first month from the date the lease term commences until the end of that month. Benefit payments will be paid monthly thereafter through the end of the month that the recipient household moves out of the rental unit or until such time as the Department determines the recipient is no longer eligible for benefit payments.

C. If the landlord has commenced the process to evict the recipient household, and if the recipient household continues to reside in the rental unit, the Department will continue to make benefit payments to the landlord until the rental unit is vacant or the Department determines that the recipient is no longer eligible for benefit payments.

D. When a recipient household moves out of the rental unit, or the recipient household’s benefit payment is terminated, the Department will not make a benefit payment to the landlord after the month the household moves out. The landlord may retain the benefit payment for the month the household moves out of the rental unit regardless of the date of the month the household vacates the rental unit.

E. If a recipient household’s service provider agency is the leaseholder of the unit in which the receipient household resides and the service provider agency remains liable for rent costs until the end of the recipient household’s lease term, the County will reimburse the service provider agency for rent cost for that recipient household for the month after the recipient household moves out of the rental unit or the month after the recipient household’s benefit payment is terminated.

F. If a recipient household voluntarily moves from a rental unit before the expiration of the recipient household’s lease term, the County will not reimburse the landlord for any costs to the landlord that result from early termination of the lease except when the landlord is the recipient household’s service provider agency as outlined in 02.42A.07.04, 4.1.E, of this regulation.

4.5 Payment Upon Institutionalization or Upon Death

A. If a recipient dies or becomes institutionalized, and is a member of a household with additional persons over 18 years old, benefit payments may be paid by the Department on behalf of the adult household member until the expiration of the current eligibility period, or as long as all of the remaining household members continue to reside in the unit, whichever comes first.

B. If a recipient is a one person household and becomes instituionalized for more than 90 consecutive days, the Department will terminate benefit payments. Upon discharge, the recipient may regain eligibility pursuant to meeting eligibility criteria outlined in 02.42A.07.02, 2.1, of this regulation and the availability of resources.

4.6 Availability of Benefit Payments

Benefit payments are subject to the availability of Program funds appropriated and any limitations set by the County Executive on the number of Program recipients.

5.1 The Department may discontinue benefit payments or terminate the recipient from participation in the Program under the following circumstances.

A. The Department may immediately discontinue benefit payments when any one of the following occurs:

1. recipient notifies the Department that assistance is no longer required; or

2. Department is notified that recipient is no longer residing in the eligible rental unit, except when the recipient is temporarily absent from the rental unit because of institutionalization.

B. The Department may discontinue benefit payments and terminate the recipient from Program participation when any one of the following occurs:

1. household no longer meets all eligibility requirements;

2. recipient or any household member fails to provide information required to determine continued eligibility recertification;

3. recipient fails to reapply for Program benefit payments before the end of their current eligibility period;

4. recipient household is evicted from the rental unit;

5. lease is terminated by the landlord or the recipient household; or

6. recipient or any member of the household violates the terms of their service agreement.

7. households recertifying their eligibility will not be terminated for exceeding the income limitations as outlined in 02.42A.07.02, 2.2, of this regulation until the total household income exceeds 50% of area median income for a household of comparable size as most recently published by the United States Department of Housing and Urban Development.

C. The Department may discontinue benefit payments, terminate the recipient from the Program, and exclude the recipient from future Program participation for any one of the following reasons:

1. recipient, or any household member, has improperly obtained benefit payments or improperly used benefit payments;

2. recipient, or any household member, is convicted of criminal activity that would adversely affect the health, safety or wellbeing of other persons.

D. If the recipient or any household member is the victim of domestic violence, dating violence or stalking, the Department may not discontinue benefit payments or terminate Program participation because of the violence committed against them.

5.2 A recipient who receives an adverse decision under any provision in this section may seek a review of the adverse decision in accordance with the procedures specified in this regulation.

6.1 Waivers

The Director may waive any Program requirement upon a finding of good cause.

6.2 Waiver Procedures

All waivers must be requested in writing and must clearly state the requirement for which the waiver is being requested. Upon finding of good cause, the Director may grant a waiver, which must be in writing, and must clearly state the reason the requirement is being waived.

7.1 Falsification of Information

Any person who knowingly makes or helps another person to make a false or misleading statement in order to obtain benefit payments:

A. upon conviction shall be guilty of a Class A violation;

B. may be required to repay the County any Program benefit payment improperly paid in reliance on the false or misleading statement; and

C. may be required to pay the County interest on the total amount improperly paid at the rate of one percent per month on the outstanding balance owed until the total benefit payments improperly paid is repaid.

8.1 Notice to Recipient of Adverse Action

A. The Department must notify a recipient in writing of an adverse action and provide a copy to the service coordinator. An adverse action includes a denial of a reapplication for Program benefit payments, a decision that the recipient failed to provide documentation requested in a reapplication, a decision to suspend, discontinue, reduce, or terminate assistance, a decision to seek to recover an overpayment or over issuance of benefit payments, or a decision that the Program intends to take any adverse action listed in this regulation.

B. The notice of adverse action must include:

1. the decision, reasons for the decision, and regulations supporting the decision;

2. the right to request an in-person case review;

3. the method by which an in-person case review may be requested;

4. the right to be assisted by legal counsel, a relative, a friend, or other individual;

5. the right to appeal an unfavorable decision of an in-person case review by requesting an administrative review hearing;

6. the right, upon request, to have an interpreter present in any in-person case review or administrative review hearing; and

7. the waiver of the right to an administrative review hearing if a case review is not timely requested.

8.2 In-Person Case Reviews

A. A recipient has 30 calendar days from the date of the Department’s notice of adverse action to request an in-person case review. Such request must be made in writing or in person to the Program administrator. The Department must, upon request, assist a recipient with requesting an in-person case review and provide an interpreter to assist the recipient with requesting an in-person case review, and attend the in-person case review.

B. An in-person case review, consists of an informal in-person meeting of the recipient with the Program administrator. The Program administrator must review the oral and documentary information pertinent to the application, and must explain the basis for the proposed adverse action. The recipient must be provided the opportunity to present his or her reasons and explanation for why the adverse action is not warranted.

C. Within 15 calendar days of the in-person case review, the Program administrator must send the recipient a notice of the decision from the in-person case review. The notice must state the basis for the decision. If the decision is adverse to the recipient, the notice must state that the recipient has the right to appeal the decision by requesting an administrative review hearing. The Program administrator must include a copy of the form for appealing the decision with the notice.

9.1 Appeals by Applicants and Recipients

A. An applicant, or recipient, who requested a case review in a timely manner, may appeal an adverse case review decision by filing a written request for an administrative review hearing with the Department within 30 calendar days of the date of the notice of the adverse case review decision. Such request must be on a form provided by the Department with the notice of the adverse case review decision.

B. The Department must, upon request, assist an applicant or a recipient with requesting an administrative review hearing or provide an interpreter to assist the applicant or recipient with requesting an administrative review hearing, and attend the administrative review hearing.

9.2 Conduct of the Administrative Review Hearing

The Director will conduct the administrative review hearing. During the administrative review hearing, the Director must review the decision of the Program administrator, the relevant Program file, and the record of the case review. The Director must also hear and consider materials presented and arguments made by the appellant as to why the decision of the Program administrator is in error and should be reversed. The Director must conduct the hearing in a fair, even-handed manner, giving the appellant an adequate opportunity to fully present the appellant’s case, with due regard for the appellant’s education, experience and communication skills.

10.1 Except as provided in 01.42A.05, 5.1, A of this regulation, no adverse action must be taken against a recipient until the expiration of the following periods, to the extent applicable:

A. the period for requesting an in-person case review;

B. the appeal period following an adverse decision in an in-person case review; or

C. issuance of the decision in an administrative review hearing.

10.2 Except as provided in 02.42A.07.07 of this regulation, a recipient will incur no repayment liability until, as applicable, the dater of the date of:

A. the notice of the decision in the in-person case review; or

B. the decision in the administrative review hearing.

11.1 If an applicant or recipient is aggrieved by a final decision of the Department in an administrative review hearing, that applicant, or recipient, may file an original compliant in the Circuit Court for Montgomery County, Maryland.

12.1 This regulation takes effect immediately upon the adoption of a resolution of approval by the County Council.

This Executive Regulation is authorized by Montgomery County Code 1994, as amended, Section 2-58E, "Telecommunications facility coordination" and applies to all telecommunications transmission facilities (TTFs) as defined herein.

a. Delegation of Authority. Code Section 2-58E directs the Director of the Department of Technology Services to establish a procedure for the review of siting and modification applications. In furtherance of that procedure, the Director must maintain a record of the location of all TTFs within the County and ensure the appropriate and efficient placement of the facilities.

b. Submission of Applications. All applications pertaining to the siting or modification of a telecommunications transmission facility by certain government agencies and private parties must be coordinated by this procedure.

c. Application Review Period. All applications must be reviewed in an efficient and timely manner, with the objective of final disposition occurring within 60 days after the date a complete application has been submitted to the Tower Coordinator. The applicant must be advised of the reason for any delay beyond this period.

d. Meetings. All required meetings must be scheduled so as to meet the 60-day time frame goal for completing the review of an application.

e. Reporting. As appropriate, the Director must report to the County Executive and the Council regarding matters pertaining to this procedure.

f. Database Administration. As part of the coordination process, a database must be maintained for all telecommunications transmission facilities located in the County, including any that the Director knows are proposed to be located in the County.

g. Fee. Applicants must pay the following fees:

Charge Categories

1) Annual fee - Fee to be paid when the annual plan is submitted. The annual fee is charged for updating and maintaining the database, oversight, and the review of the annual plan.

2) Minor Modification - The application fee for any of the following minor modifications that require a building permit:

i. a modification of existing antennas at a single site; or

ii. the addition of antennas at a single existing site; or

iii. a change or addition of equipment at a single existing site.

3) Multiple Modifications - The application fee for any of the following multiple modifications that require a building permit:

i. a modification of antennas at two or more sites; or

ii. the addition of antennas at two or more existing sites; or

iii. a change or addition of equipment at two or more existing sites.

4) Co-location on existing structure - The application fee for the use of an existing structure to support new antennas permitted by right under the zoning ordinance.

5) New support structure, permitted use - The application fee for the construction of a new antenna support structure that is permitted by right under the zoning ordinance.

6) New support structure, special exception or mandatory referral - The application fee for the construction of a new antenna support structure that must be authorized as a special exception or reviewed by the Maryland-National Capital Park and Planning Commission.

All fees must be submitted to the Office of Cable Communications, 100 Maryland Ave., Suite #250, Rockville, MD 20850, prior to submitting the application or annual plans.

The words or phrases described below have the following meanings as used in this Regulation:

a. Land-owning Agency. Land-owning Agency means any government agency which owns or controls any land on which a telecommunications transmission facility is located or proposed to be located.

b. Land Use Agency. Land Use Agency means the Planning Board, the County Board of Appeals, the Department of Permitting Services and any other public agency or body with jurisdiction over the siting of any telecommunications transmission facility, including any municipal land use agency or body.

c. Telecommunications Transmission Facility. Telecommunications Transmission Facility means any antenna, tower, monopole, or other structure used primarily to receive or transmit wireless voice, data, or image information (or any combination of them).

d. Telecommunications Transmission Facility Coordinating Group. The TTFCG is that body convened by the Director as prescribed in Section 2-58E(d) of the Montgomery County Code 1994, as amended, to review, comment and facilitate communications between member agencies on telecommunications transmission facility policy and siting issues.

e. Tower Coordinator. The Tower Coordinator is the Director's designee or contractor who administers Section 2-58E of the Montgomery County Code.

a. An application for siting of a telecommunications transmission facility must meet the following requirements:

1. An application must be submitted to the Tower Coordinator.

2. Three copies of each application must be submitted.

3. Each application must be complete and filed on a form in accordance with Section 9* of this regulation. Incomplete applications will not be processed.

4. Proprietary information submitted with an application must be clearly marked as being confidential. Applicants should minimize, to the extent possible, the use of confidential data in order to facilitate rapid governmental interagency coordination.

5. An application for a new tower or monopole must include the following: RF propagation maps; a photograph of a balloon test at the proposed site that shows the approximate top of the tower, if available; a Federal Aviation Administration application or certification, if available; an explanation as to why the site was selected; an identification of any sites that were rejected; and an explanation as to why any sites were rejected.

b. For each submitted application, the Tower Coordinator must:

1. Stamp the date and time of receipt on all copies of each application and register the application in the Wireless Communications Site Applications database and/or logbook.

2. Assign each application an application number yyyymm-nnn, herein called the Wireless Communications Site application number, where "yyyy" represents the year, "mm" represents the month, and "nnn" represents the sequence 001, 002, 003 , etc. for the first three applications submitted during the year "yyyy" and the month "mm."

3. Distribute copies to the appropriate agencies and return one copy to the applicant upon final disposition of the siting request.

a. The Tower Coordinator must:

1. Coordinate and schedule the Telecommunications Transmission Facility Coordinating Group (TTFCG - the "Group"), as required, to facilitate the review and recommendation for each application.

2. Develop a siting recommendation to the Group based on:

a. The Tower Coordinator must coordinate and assist the Group Chair in scheduling the meetings of the Telecommunications Transmission Facility Coordinating Group. The applicant must be notified of any meeting at which its application is considered, and be allowed to attend the meeting.

b. The Chair or the Chair's designee must conduct the meeting. A written record of actions and recommendations must be maintained by the Tower Coordinator.

c. Group review of an application may include:

1. The written recommendation of the Tower Coordinator with database details where appropriate;

2. Any comments of the land-owning agency and land-use agency;

3. Any other relevant information concerning the proposed siting of the telecommunications transmission facility.

d. A written review and recommendation must be prepared:

1. One copy must be maintained by the Tower Coordinator in the application file.

2. One copy must be provided to the applicant.

3. One copy must be sent to the County Board of Appeals if a special exception is required.

4. One copy must be sent to the Department of Permitting Services and/or any municipal agency that would issue permits for such use.

5. One copy must be sent to the land owning agency, if appropriate.

e. The Group may delegate to the Tower Coordinator any functions necessary to promote the efficiency of the process in accordance with the provisions of the County Code.

a. The recommendations and comments of the Telecommunications Transmission Facility Group must be provided to the relevant land owning agency for use during the negotiation of any lease for placement of a telecommunications transmission facility on land within the control of a land owning agency.

b. A form lease must be developed by the Tower Coordinator and be made available for the use of the land owning agencies.

c. Any lease must include a provision requiring the removal of the facility by the lessee after the useful life of the facility concludes or upon expiration or termination of the lease, and may include the posting of a bond to guarantee removal.

a. A building permit is required for the construction of a telecommunications transmission facility in the County.

b. All permit applications must reference the Wireless Communications Site application number, and must include the recommendation of the Telecommunications Transmission Facility Coordinating Group and the approval of the land owning agency, if applicable.

c. Building permit approvals may be expedited if copies of standard construction drawings are on file with the permitting agency.

d. Upon issuance and release of the building permit, a copy of the permit will be sent to the Tower Coordinator for filing with the application and supporting documentation. A copy of the site plan and construction drawings will be furnished to the Tower Coordinator upon request for use in updating the database.

The Wireless Communications Site Coordination application form is included as Attachment 1 of this regulation.

Attachment 2 of this regulation sets forth the requirements for initial submission and annual update of the applicant's siting plan.

This regulation takes effect on March 25, 2003.

(ATTACHMENTS FOLLOW)

Attachment 1

MONTGOMERY COUNTY, MARYLAND

APPLICATION FOR WIRELESS COMMUNICATIONS

SITE COORDINATION

DATE:___________________ NUMBER: ______________________

(To be filled in by County)

Applicant Name: __________________________________________________________________

Address: _________________________________________________________________________

Contact Person and Phone No.: _______________________________________________________

Provide a description of the proposed installation, including the type and height of the structure (i.e. monopole, rooftop, water tank, guyed tower, self-support tower, etc.) and whether it is existing, modified, or new. Describe any modifications that will be made to existing structure.

________________________________________________________________________________

________________________________________________________________________________

Address/City: ____________________________________________________________________

Site Name: _____________________________________________________Zoning: ________

Site Owner/Landlord: ______________________________________________________________

Structure Owner: __________________________________________________________________

Latitude/Longitude (NAD27 Degrees/Minutes/Seconds) ___________________________________

Ground Elevation AMSL in feet: _____________________________________________________

Antenna Height AGL in feet: _________________________________________________________

Frequency bands to be used: _________________________________________________________

Maximum Effective Radiation Power (EFP): ____________________________________________

Federal Communications Commission (FCC) Emission Designator: __________________________

FCC Antenna Structure Registration Number: ____________________________________________

Description of antenna(s), including physical size, patterns, gain and orientation (include copy of spec sheet or drawings):

_________________________________________________________________________________

_________________________________________________________________________________

Describe area to be served by the proposed installation. Attach a map of the general area showing the location of the site. Attach propagation studies showing service area coverage surrounding the proposed site with and without the proposed site.

_________________________________________________________________________________

_________________________________________________________________________________

Will antennas be installed on an existing structure? _______________________________________

If not, describe results of investigation about possible co-location. Include a listing of alternative sites considered and an explanation as to why each possible alternative was not selected. If a site was ruled out because of radio frequency (RF) issues, provide RF propagation maps documenting inadequate coverage: ________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Justification of why this site was selected: _______________________________________________

_________________________________________________________________________________

Will site be used to support government telecommunications facilities or other equipment for government use? _____________________________________________________________________________

If yes, describe: ____________________________________________________________________

_________________________________________________________________________________

Attach a site plan of the proposed facility showing location of monopole, tower, or structure on the property, location of existing and proposed equipment buildings or cabinets, and distance of any new structures or buildings from property lines and other buildings or residences within 300 feet. Clearly identify existing versus proposed facilities. Also provide an elevation sketch of the structure showing major dimensions, existing attachments, and mounting height of proposed antennas. If a balloon test has been performed, please provide copies of the photographs.

Will the antenna installation be in compliance with the maximum permissible RF exposure limits set forth in § 1.1310 of the FCC Rules and Regulations? Yes_______ No _______

If the answer is no, please attach an explanation.

Type of compliance study required under § 1.1307 of the FCC Rules and Regulations:

Categorically Excluded _______

Routine Environmental Evaluation _______

Environmental Assessment _______

If antennas will be located on a rooftop, please attach a description of any steps that have been or will be taken to prevent the aggregate RF from exceeding exposure limits.

Montgomery County Code, Chapter 2-58E requires applicants to submit a facility location plan indicating the location of every existing telecommunications transmission facility and the general location of facilities that are anticipated to be built in the near future. Has a new or updated plan been filed with the County within the last year? Yes _______ No _______. If the answer is no, please submit a plan with this application.

If an application for an FAA review has been submitted or an FAA determination has been issued, please attach a copy.

Application fees have been paid to Montgomery County Government on _______________________.

Submit this application to:

Columbia Telecommunications Corporation

c/o Montgomery County Tower Coordinator

5550 Sterrett Place, Suite 200

Columbia, MD 21044

Phone: (410) 964-5700

Attachment 2

GUIDE FOR WIRELESS SERVICE PROVIDER FACILITY LOCATION PLANS

Montgomery County Code Section 2-58E requires sponsors of wireless communications facilities to submit annually revised antenna site planning information for proposed system construction or enhancement within Montgomery County.

The following information is required by the County to assist in planning activities and analysis of co-location opportunities. Applicants must submit a projected growth plan for antenna sites, and must update that plan at least annually. More frequent updates are recommended if information submitted in the previous plan changes significantly. We recognize that site specific information may not be available until late in the implementation process. However, the County desires that information submitted in the plan be as detailed and complete as possible.

1. In what geographical areas of Montgomery County will new service be provided or existing service (requiring additional site facilities) be upgraded? (Be specific, such as “Rte. 270 corridor from Shady Grove to the Comus exit,” or “Along Rte. 29 from the D.C. line to the Beltway,” or “at the bottom of the Piney Branch stream valley in Takoma Park,” etc.)

2. On a large scale map such as the Street Map of Montgomery County, Maryland, prepared by The Maryland-National Capital Park and Planning Commission (scale 1" = 3000'), show the location of existing towers or monopoles, indicate whether each is owned or leased, and show where new antenna sites are anticipated. Locate as accurately as possible, preferably within 0.2 mile or less, or indicate specific sites, if known.

3. If specific sites are known, state addresses and how each site is presently utilized, e.g., water tank, apartment building, shopping center, fire station, open (or wooded) lot, etc. If antennas will be placed on an existing tower or monopole on the site, who owns it?

4. If any new structures are planned, describe anticipated configuration (monopole, self-support lattice tower, guyed tower, etc.) and height at each site, if known.

5. How much physical capacity on each proposed structure will be available for co-location by other service providers? Will antenna space be offered to other parties for rent? If one or more potential tenants have expressed an interest in the site, who are they?

6. Any other information relevant to the County tower database.

The non-refundable fees applicants must pay for the review and coordination of the siting of telecommunications facilities are:

Charge Categories

1. Annual fee $500.00 - Fee to be paid when the annual plan is submitted. The annual fee is charged for updating and maintaining the database, oversight, and the review of the annual plan.

2. Minor Modification $500.00 - The application fee for any of the following minor modifications that require a building permit:

i. a modification of existing antennas at a single site; or

ii. the addition of antennas at a single existing site; or

iii. a change or addition of equipment at a single existing site.

3. Multiple Modifications $1,500.00 - The application fee for any of the following multiple modifications that require a building permit:

i. a modification of antennas at two or more sites; or

ii. the addition of antennas at two or more existing sites; or

iii. a change or addition of equipment at two or more existing sites.

4. Co-location on existing structure $1,000.00 - The application fee for the use of an existing structure to support new antennas permitted by right under the zoning ordinance.

5. New support structure, permitted use $2,000.00 - The application fee for the construction of a new antenna support structure that is permitted by right under the zoning ordinance.

6. New support structure, special exception or mandatory referral $2,500.00 - The application fee for the construction of a new antenna support structure that must be authorized as a special exception or reviewed by the Maryland-National Capital Park and Planning Commission.

All fees must be submitted to the Office of Cable Communications, 100 Maryland Ave., Suite #250, Rockville, MD 20850, prior to submitting the application and annual plans.

This regulation applies to all departments and offices in the executive and legislative branch.

2.1 Purpose

a. Community engagement is a way of ensuring that community members have an opportunity to be able to contribute meaningfully to decisions and develop functional capabilities that enable them to participate fully.

b. Community engagement is a two-way exchange of information, ideas, and resources. Engagement activities include a range of approaches from informing to sharing leadership to resident-led efforts, depending on the degree of community and county involvement, decision-making and control.

c. Community engagement should offer opportunities for communities to express their views and have a meaningful role in decision-making. It should also consider the diversity of our communities, including culture and ethnicity, and seek to create an inclusive and accessible process.

d. Effective engagement removes barriers that may have previously prevented residents from successfully working with County government.

e. Community engagement can vary in implementation depending on program goals, time constraints, level of program and community readiness, capacity, and resources.

2.2 When to use the community engagement process.

a. While a department or office should consider using the community engagement process whenever it is making decisions that will impact County residents, it is particularly recommended whenever a department or office is developing a strategic plan or major initiative that will have substantive and significant impact on county residents (e.g., Climate Action Plan).

b. Definition of Strategic Plan - a department or office’s plan to achieve short and long term goals, determine its direction, allocate resources, or take actions needed to execute goals.

c. Definition of Major Initiatives - plans made outside of a traditional strategic planning process or time period but that involve a change of a previously determined direction or a newly created plan intended to solve a particular problem or issue.

2.3 Process

a. The County department or office should submit a written proposed community engagement plan to the Office Racial Equity and Social Justice detailing the topic or issue for the community engagement process, the intended stakeholders and partners, and the impacted communities. The plan must explain:

i. what the department or office hopes to achieve through the community engagement process and what is the main purpose of the department or office for involving the community?

ii. who is most impacted by, involved in, or has a specific interest in the issue area, and why?

iii. how the community engagement process will ensure impacted communities that have not historically been included in the initial decision-making phase will be included;

iv. the degree of public and community support for the engagement;

v. the duration of the community engagement process;

vi. potential for unintended consequences should the engagement not be implemented successfully;

vii. anticipated costs and timeline for the engagement; and

viii. plan for publicizing and promoting the community engagement process to County residents.

b. The proposed plan must also present research and background information about the affected communities and populations the department or office intends to reach, including:

i. language or dialect spoken, customs, historical or geographical data, and other relevant data;

ii. known barriers and risks, such as trust issues among the community and the public that may prevent full engagement and community willingness to participate;

iii. detailed steps and strategies that will be taken to address language and literacy needs.

2.4 Transparency and Recognition

a. This plan must be made available to the public by the department or office after approval by the Office of Racial Equity and Social Justice. The Office has 30 days to take action on proposed plan if no action is taken by the Office of Racial Equity and Social Justice the department plan is deemed approved.

b. The department or office must conduct a follow-up communication or debrief meeting with the community engagement participants no later than 8 weeks after the conclusion of the engagement. The communication must:

i. acknowledge community members for their contributions;

ii. indicate opportunities for formal project/program updates and feedback;

iii. indicate opportunities for future dialogue and collaboration; and

iv. present any resultant decisions or outcomes of the community engagement process.

c. The lead department or office must provide a final report to community engagement participants presenting any resultant decisions or outcomes after the conclusion of the program/project.

3.1 All County employees must participate in at least eight (8) hours of training or workshops on racial equity and social justice on an annual basis. A training or a workshop is a meeting at which a group of people engage in intensive discussion and activity on a particular subject or project.

3.2 Racial equity and social justice training must be conducted by high-quality professionals and consultants in the field of racial equity and social justice.

3.3 Trainings will be conducted by the Office of Racial Equity and Social Justice, approved vendors, contractors, and/or county departments and offices.

3.4 Training curriculum and activities must:

a. provide immersive, interactive, and educational modules on comprehensive social, political, and economic history of race and racism and other forms of injustices and oppression in the United States and Montgomery County;

b. increase the ability of County employees to understand concepts of structural inequity and its real-life implications;

c. increase the ability of County employees to recognize their individually held beliefs about all types of difference, including race, gender, age, socio-economic status, ethnicity, nationality, and religious background;

d. give county employees the ability to access how the policies, procedures and practices of their department impact the lives of County resident; and

e. give County employees frameworks for assessing their department/office and team cultures as well as strategies for making their department/office and team cultures more inclusive and equitable.

3.5 Training may be conducted in person or virtually.

4.1 Racial equity and social justice considerations help reveal how society’s benefits and burdens are distributed such that race predicts privilege and disadvantage. It also aids in thinking about what can be done to change the equation. Using racial equity considerations means paying disciplined attention to race and ethnicity, while analyzing problems, looking for solutions, and defining success. A keen awareness of race and ethnicity, and of their impact on access to power and opportunity, is a distinct asset when using an equity lens. Racial equity considerations shed light on racial dynamics that shape social, economic, and political structures. Through examining data on race and ethnicity and openly asking the right questions, racial equity considerations support the development of strategy and programs, shaping guidelines and criteria, and promoting racial equity.

4.2 The Office of Racial Equity and Social Justice will employ racial equity and social justice considerations in its evaluation of new and existing programs.

4.3 Racial equity considerations must articulate patterns of oppression, separate symptoms of inequity from causes, and identify new solutions.

4.4 Racial equity considerations may help clarify current objectives, then shape strategies and align resources to meet them.

4.5 Racial equity considerations can be used with other lenses. Other lenses illuminate other important dynamics that shape equity issues. “Intersectionality” — of race, class, gender, sexual orientation, and other social identities — is key to identifying the dynamics at play in a particular situation and how they combine and converge.

5.1 The Executive is required to explain how each management initiative or new 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.

5.2 To explain how budgets and supplemental appropriation support racial equity and social justice, the Executive must use a racial equity and social justice budget assessment tool that assesses:

a. who is burdened and who will benefit from the management initiative or program;

b. whether and how the initiative or program reduces social inequity in Montgomery County.

c. potential disproportionate effects on communities of color and low-income communities as a result of the initiative or program, and how those effects will be mitigated; and

d. additional considerations as determined by the Office of Racial Equity and Social Justice on an annual basis.

6.1 Short-term goals should include the development of a County-wide equity team that will develop guidelines and monitor progress for each department or office.

6.2 Short-term goals should include collection of demographic information in leadership positions within County departments or offices.

6.3 Short-term goals should include an audit of demographic data each department or office collects from the community it serves (client base).

6.4 All goals must coordinate the design and implementation of an action plan, which emphasizes:

a. leadership, operations and services;

b. plans, policies and budgets;

c. workforce and workplace;

d. community partnerships;

e. communication and education; and

f. facility and system improvements.

6.5 Goals for promoting racial equity and social justice must include human capital goals, training goals, community development as well as a plan for leadership development and training for the department or office.

6.6 Goals must articulate systemic changes to the infrastructure that caused the disproportionalities and the resulting community impact.

6.7 Long-term goals should articulate the improvements in quality of life for underserved communities over time.

7.1 Existence of equity plans in each strategic area of services delivered by department and office.

7.2 Existence of data on staff in department and office.

7.3 Existence of targets for each department and office.

7.4 Completion of training for each department and office on definitions and strategies to improve equity.

7.5 Articulation of inequities and disproportionalities related to the functions of each office and department.

7.6 Audit on the diversity of vendors for each department and office.

7.7 Audit and analysis on equitable contracting processes.

7.8 Increased equity in County services for all members of the community.

7.9 Increases in the degree of public outreach and community engagement.

7.10 Increased access to County services for communities of color and immigrant communities.

7.11 Frequency and quantity of changes to existing County services using equity best practices and racial equity and social justice impact analyses.

7.12 By 2023, all supervisors, managers and directors will have equity and social justice measures written into their contracts and job descriptions for Director positions and below.

7.13 By 2023, racial equity and social justice indicators will be included in performance evaluations.

7.14 By 2025, there is a system for County wide display of progress on equity measures for each department or office. Departments and offices must update progress on equity measures every three (3) years.

7.15 By 2023, all departments and offices will establish racial equity and social justice values.

7.16 By 2023, all departments and offices will include racial equity and social justice values in the guidance documents related to their operations, service delivery and programs, including:

a. early childhood development;

b. jobs and job training;

c. health and human services;

d. food systems;

e. parks and natural resources;

f. built and natural environment;

g. transportation;

h. community economic development;

i. neighborhoods;

j. housing;

k. community and public safety; and

l. law and justice.

8.1 By 2027, each department and office will develop an equity action plan which:

a. details specific targets and strategies for the improvement toward equity goals; and

b. identifies the historical context and data for equity issues related to each office and department.

8.2 Goals must articulate the intended impact of each strategy.

8.3 Community input must be sought by each department and office. In the establishment of the equity plan per activities listed in A(2) above, including:

a. identifying the priorities of the local residents and businesses in the community; and

b. determining the impact on those most impacted by the department and office.

8.4 The action plan must evaluate and analyze data related to equity. This audit should assess each department and office:

a. cultural and organizational diversity;

b. degree of equity and inclusion in the department or office’s culture, and worksite culture, when appropriate;

c. suggestions for improvements that support the diversity in composition and engagement;

d. disaggregated data of the demographic makeup of employees, vendors, contractors, population of the community served (client base);

e. current equity strategies including levels of engagement and budget allocations for these efforts; and

f. resources currently spent on expanding diversity, improving equity in services provided, and tracking community satisfaction.

8.5 The action plan must address policies and practices such as:

a. structuring racial equity programming;

b. gathering data;

c. modeling diversity and inclusiveness;

d. communicating consistently; and

e. exercising community leadership.

8.6 Racial equity and social justice action plans must be updated every two years.

9.1 Strategies and tools for redressing disproportionate outcomes, racial equity and social justice issues must be recommended best practices by the Office of Racial Equity and Social Justice.

9.2 Tools for supporting racial equity and social justice issues should offer guidance in the planning, measurement, training, monitoring of strategies designed to impact equity.

9.3 Tools should assist in the articulation of racial equity disparities and disproportionality of outcomes.

9.4 Strategies must include staff training and consensus building on definitions of equity and approaches related to the work of each department and office.

10.1 Economic Opportunity: having economic opportunities and resources that enable residents to lead sustainable lives in their communities.

10.2 Affordability: having access to affordable housing and safety net services.

10.3 Mobility/transportation: getting where and when residents want to go safely and cost-effectively.

10.4 Safety: being safe in residents’ home, at work, and in their communities.

10.5 Health: being able to maintain a healthy life both physically and mentally.

10.6 Cultural and Learning Opportunities: being enriched by our unique civic, cultural, ethnic, and learning opportunities.

10.7 Government that Works: believing that County government works for everyone, that it is fair and equitable; serves as a good, continuously improving, and innovating steward of its resources; recruits and retains a high performing, ethical workforce; effectively collaborates with the public; and delivers the results people expect and an experience they welcome.

1.0. The Silver Spring Enterprise Zone is established to accomplish the following purposes:

1.1 To encourage the expansion of existing companies in downtown Silver Spring by improving their profitability; to encourage the location of new businesses to downtown Silver Spring; and to encourage private capital investment in downtown Silver Spring.

1.2 To improve the attractiveness of downtown Silver Spring as a place to do business while protecting existing neighborhoods.

1.3 To promote reuse of older buildings in the CBD where economically feasible, and combine a number of programs to reduce and arrest blight.

1.4 Where redevelopment occurs, to optimize use of the existing transportation network by encouraging participation in the Silver Spring Transportation System Management District.

1.5 To restore Silver Spring as the downtown for eastern Montgomery County by encouraging a mix of uses and activities that promote a day and evening living environment by providing neighborhood convenience and comparison retail as well as other businesses along with community services, recreational, and cultural amenities.

2.1 These policies and procedures apply to all property owners and employers located within the boundaries of the Silver Spring Enterprise Zone (the Zone) who meet the eligibility requirements and qualification standards established by this Executive Regulation during the period when the Zone is in effect.

3.1 Administrator. The Administrator of the Local Enterprise Zone is the Director, Montgomery County Department of Economic Development or the Director's designee.

3.2 Capital Investment. The investment in property improvement defined as a capital expense by the Internal Revenue Service in Publications 334 and 535. See Minimum Qualifying Capital Investment.

3.3 Certificate of Occupancy. The permit to occupy a building in Montgomery County issued by the Department of Permitting Services.

3.4 Economically Disadvantaged Person or People. A person or people certified as such by the Maryland Job Service, Department of Labor, Licensing and Regulation.

3.5 Employment Tax Credit. The credit on income tax that may be allowed for new Maryland employees hired in the Zone.

3.6 Enterprise Zone Program. The administration, policies and procedures established pursuant to Article 83A, Sections 5-401 et seq., the application filed October 15, 1996 by the County to the State of Maryland, and these Executive Regulations for determination and certification of eligible property owners and employers to receive applicable tax credits in accordance with the requirements for eligibility set forth herein for the Silver Spring Enterprise Zone.

3.7 Minimum Qualifying Capital Investment. In accordance with section 6.2.2.2 through section 6.2.2.4, the minimum amount of property improvement that will qualify for real property tax credit.

3.8 Property Tax Credit. The credit that may be allowed on the increased assessment subsequent to capital investment in property in the Zone.

3.9 Silver Spring Enterprise Zone. Referred to herein as the Zone, that portion of Silver Spring, MD shown in the attached Figure 1 of the Montgomery County Enterprise Zone Application, dated October 15, 1996, and designated as such by the State of Maryland on December 15, 1996. Where the Zone boundary is; shown in the rights-of way of Spring Street, Cedar Street, Wayne Avenue, Fenton Street, and Blair Road, the properties contiguous to the rights-of-way of these streets are included in the Zone.

3.10 Silver Spring CBD Sector Plan. The Comprehensive Amendment to the Silver Spring Central Business District Sector Plan approved by the Montgomery County Council on April 27, 1993 and adopted by the Maryland-National Capital Park and Planning Commission on May 13, 1993.

3.11 Silver Spring Transportation System Management District. The County's transportation management organization established to implement techniques to reduce the reliance on the use of single occupancy vehicles in downtown Silver Spring.

3.12 Standard Industrial Classification (S.I.C.) Code. The system generally used to classify commercial establishments by type of business in which they are engaged.

4.1 Responsibilities of the Administrator. The responsibilities of the Administrator include:

4.1.1 Determining the eligibility of the businesses and/or property owners for the tax credits under the Enterprise Zone Program.

4.1.2 Notifying the State Department of Assessment and Taxation and the Montgomery County Department of Finance that the applicant is eligible for property tax credits in accordance with the Enterprise Zone Program.

4.1.3 Providing certification to the applicant of eligibility for income tax credits in accordance with the Enterprise Zone Program within 60 days of the receipt of application. It is the responsibility of the applicant to file this certification of eligibility when filing the appropriate income tax form with the State.

4.1.4 Submitting an Annual Report to the Maryland Department of Business and Economic Development (MDBED) by January 15 of the calendar year following adoption of these Executive Regulations and each subsequent January 15 thereafter, so long as the Enterprise Zone Program is in effect.

4.1.5 Acting as the principal point of contact between the public and the State of Maryland with respect to questions concerning the Enterprise Zone Program.

4.1.6. Developing applications for tax credits in the Zone.

4.2 Application and Reporting Requirements. Property owners and/or businesses must complete separate applications for, and report annually on, property tax credits and employment tax credits on forms provided by the Administrator. The application(s) must provide evidence that all State and local qualification standards have been met. At a minimum, the application(s) must contain the following information:

4.2.1 Name and address of the business/property owner, type of business (corporation, partnership, etc.), and Standard Industrial Classification (S.I.C.) code.

4.2.2 For employment tax credit, previous address of the business, and number of employees at previous address if moving into the zone from another location.

4.2.3 For employment tax credit, total employment and verification of increases in employment wages paid for new jobs created in the Zone. The applicant may be asked to provide payroll documentation and employee time sheets for the period for which the tax credit is being applied or any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations.

4.2.4 For employment tax credit in the case of a business exempt from the requirement to join the Silver Spring Transportation System Management District, information or a signed pledge, showing that the business is supporting or will support transportation management activities such as employee awareness programs.

4.2.5 For the property tax credit, description and date of completion of the improvement, certification of the costs of the new construction or renovations and party responsible for payment thereof; a copy of certificate of occupancy if the area being improved is presently occupied, and any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations.

4.2.6 Property owners seeking property tax credit on the next applicable July 1 tax bill must apply by December 10 of the preceding year in order for the Administrator to certify the property's eligibility by December 31 of the preceding year. A property owner may file an application for pre-certification of eligibility for property tax credit on a form provided by the Administrator prior to making the minimum qualifying capital investment in order to determine in advance whether such investment will be eligible. In this case, the Administrator will send a notice of pre-certification to the applicant. In no case will certification be granted until the minimum qualifying capital investment is completed.

4.2.7 Property owners receiving property tax credit must provide notice to the Administrator, on a form provided by the Administrator, of the dollar value of the tax credit, and provide notice of same to any tenant or other third party responsible for direct payment or reimbursement to the property owner for payment of such tax within 30 days of payment of property taxes for the tax year in which credit is applied.

4.2.8 A business seeking employment tax credit must apply for certification at least 30 days before the income taxes for which a credit is being applied are due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit. A copy of certificate(s) of occupancy for the premises must accompany this form. Businesses receiving employment tax credit must provide notice of the tax credit, number of employees, and total wages paid for which the credit has been taken, to the Administrator, on a form

provided by the Administrator, by December 10 of the tax year for which the credit is received.

4.2.9 Failure to submit information required in section 4.2 may result in a notification of incomplete application insufficient for determining eligibility. Failure to comply with the local and State Enterprise Zone regulations may result in decertification of eligibility for tax credit.

5.1 Property owners and businesses currently located within the boundaries of the Zone or new businesses that locate there must meet the qualification standards set forth in these Executive Regulations in order to be certified by the Administrator as eligible to receive tax credits under the Enterprise Zone Program. The following general conditions must be met:

5. 1.1 The business activity conducted on the property must constitute a legal use of the property. The property must be current with respect to payment of real property taxes and the business must be current with respect to payment of income and personal property taxes.

5.2 Any business entity located in the Zone before December 15, 1996 may not benefit from the tax credits and other incentives of the Enterprise Zone Program except with respect to any capital investment or expansion of its labor force occurring after December 15, 1996. Any new construction assessed in the tax year immediately preceding the tax year for the first credit is excluded from the tax assessment.

5.3 Property tax credits do not apply to Parking District Taxes and Urban District Taxes.

5.4 Location in the Zone or certification of eligibility for tax credit does not relieve property owners or businesses from building codes, zoning requirements and other regulations applicable to the property or business.

5.5 Since a minimum qualifying capital investment may not necessarily result in an increase in dollar value assessment, determination of eligibility by the Administrator for property tax credit shall not be deemed to create an assumption that a property tax credit will be given for a minimum qualifying capital investment in the Zone.

6.1 Employment Tax Credit Qualification Standards. Businesses seeking employment tax credits must meet the following requirements:

6.1.1 State Standards.

6.1.1.1 The new employee(s) for which tax credits are sought must have been hired after the business was located in the Zone and after December 15, 1996. If a business relocates from another location in Maryland into the Zone, its base employment remains the same as it was at the previous site.

6.1.1.2 The new employee(s) must have worked in the business for at least 25 hours each week for six months before or during the taxable year for which the credit is taken.

6.1.1.3 The new employee(s) must spend at least half of all work time in the Zone or in an activity related to the Zone.

6.1.1.4 The new employee(s) must have been hired to fill new positions. That is, the firm's number of full-time employees must increase by the number of credits taken.

6.1.1.5 In order to claim tax credit for hiring economically disadvantaged employees to fill newly created positions, the business must obtain a certification of eligibility for each employee provided by the Maryland Job Service, Department of Labor, Licensing and economically disadvantaged employee must remain in the position for three years. However, if the disadvantaged employee leaves the business and is replaced by another employee who is also qualified as disadvantaged, the business may take the remainder of the credit as if the original employee had remained.

6.1.2 Additional Local Standards.

6.1.2.1 In the event a business is exempt from the requirement to join the Silver Spring Transportation System Management District (TMD), it must demonstrate support for the County's TMD efforts through activities such as employee awareness programs in order to be eligible for the tax credits.

6.1.2.2 When claiming tax credit(s) for hiring employees or relocating into the Zone from outside the State, the business must show a net increase of at least 25 work hours per week for each tax credit sought. The business may be required to document this employment on time sheets and payroll documents.

6.1.2.3 The business must show an increase of five percent (5%) to a minimum of one (1) new employee.

6.2 Property Tax Credit Qualification Standards. Credits will apply to increased property tax based on an increase in the assessed value of the property. Benefits will be triggered by increased assessment subsequent to a minimum qualifying capital investment in property in the Zone. Property owners seeking property tax credits must meet the following requirements:

6.2.1 State Standards.

6.2.1.1 The tax credit is granted on whole taxable years only. A property owner will have to pay any partial-year levy tax bills should the property improvement be assessed as complete before July 1 of the first year of eligibility. The property owner will then receive the tax credit for ten full years. Tax credits will be calculated in accordance with Md. Code Ann., Tax Prop., Section 9-103.

6.2.2 Additional Local Standards.

6.2.2.1 Property owners must make a minimum qualifying capital investment in the property through sources other than government grants. A minimum qualifying capital investment may include improvements made with funds obtained through government loan programs.

6.2.2.2 The minimum qualifying capital investment is ten dollars ($ 10) per square foot of building floor area improved, and at least 20% of the total building floor area must be improved.

6.2.2.3 The minimum qualifying capital investment may include off-site. investment in state-of-the-art technology, such as installation of new fiber optic wiring to the building, to meet modem standards, particularly those of technology-oriented companies.

6.2.2.4 The minimum qualifying capital investment may include off-site improvements, such as streetscape improvements, and on-site improvements such as new landscaping in parking lots to implement specific objectives of the Silver Spring Sector Plan and Urban Renewal Plan. These improvements must be part of a building construction or building improvement project.

6.2.2.5 Construction of new parking facilities or improvements to existing parking facilities are not eligible for tax credit, except where such parking facility is an integral part of new building construction or improvement of an existing building.

1.0 The Wheaton Enterprise Zone is established to accomplish the following purposes:

1.0.1 Reinforce the Wheaton Marketplace by preserving the existing scale of development and retaining as much of the mix of goods and services as possible.

1.0.2 Encourage the creation of new jobs and new business investment. Efforts should be focused on encouraging retention of existing companies by improving their profitability, as well as on recruiting new businesses to Wheaton.

1.0.3 Encourage redevelopment in the Metro Center area and moderate expansion of Wheaton Plaza and in the Marketplace.

1.0.4 Encourage redevelopment in the Metro Center area with a high intensity of mixed uses and activities, including office. Wheaton Plaza, a major regional retail center, should be strengthened.

1.0.5 Improve the attractiveness of downtown Wheaton as a place to do business while protecting existing neighborhoods.

1.0.6 Promote revitalization of older properties and combine a number of programs to reduce deterioration.

1.0.7 Strengthen Wheaton as the downtown for the Mid-County Region. Encourage a mix of uses and activities that promote a 24-hour living environment by providing housing opportunities, neighborhood convenience retail alongside viable comparison shopping, community services, recreational, and cultural amenities.

1.0.8 Reinforce the County's other initiatives in Wheaton. Bringing new economic vitality to Wheaton will require a broad-based effort. While there is no single solution to the area's many challenges, the Enterprise Zone is one positive step to complement local incentives and initiatives available through the County.

1.1 Priorities for Development are as follows.

1.1.1 There has been an impressive history of public efforts over the years to maintain the economic health and viability of the Wheaton CBD. These efforts range from mass transit projects to an expansive program of streetscaping and public parking. All of these efforts have been aimed at providing incentives for businesses to remain in the downtown and to attract new businesses to the area.

1.1.2 A comprehensive revitalization effort recognizes the inter-relationship between economic development and community conservation and calls for a partnership involving the business and residential communities as well as several County agencies. Montgomery County's Wheaton Enterprise Zone is part of that comprehensive revitalization strategy.

1.1.3 Among the priorities for development of this comprehensive revitalization strategy are the following initiatives:.

1.1.3.1 Complete current revitalization efforts;

1.1.3.2 Continue vigorous building code enforcement;

1.1.3.3 Evaluate existing economic development programs and initiatives;

1.1.3.4 Consider development of new local initiatives and incentives;

1.1.3.5 Strengthen the businesses in the downtown Wheaton area;

1.1.3.6 Implement an aggressive, targeted marketing program designed to package and promote the benefits of locating or expanding a business in Wheaton;

1.1.3.7 Develop and implement a comprehensive business assistance program;

1.1.3.8 Encourage the creation of new jobs and new business investment; and,

1.1.3.9 Permit some growth-redevelopment in the Metro Center area and moderate expansion of Wheaton Plaza and in the Marketplace.

1.2 To restore Wheaton as the downtown for the Mid-County area by encouraging a mix of uses and activities that promote a living environment by providing neighborhood convenience and comparison retail as well as other businesses along with community services, recreational, and cultural amenities.

2.1 These policies and procedures apply to all property owners and employers located within the boundaries of the Wheaton Enterprise Zone (the Zone) who meet the eligibility requirements and qualification standards established by this Executive Regulation during the period when the Zone is in effect.

3.1 Administrator. The Administrator of the Local Enterprise Zone is the Director, Montgomery County Department of Economic Development or the Director's designee.

3.2 Capital Investment. The investment in property improvement defined as a capital expense by the Internal Revenue Service in Publications 334 and 535. See Minimum Qualifying Capital Investment.

3.3 Certificate of Occupancy. The permit to occupy a building in Montgomery County issued by the Department of Permitting Services.

3.4 Economically Disadvantaged Person or People. A person or people certified as such by the Maryland Job Service, Department of Labor, Licensing and Regulation.

3.5 Employment Tax Credit. The credit on income tax that may be allowed for new Maryland employees hired in the Zone.

3.6 Enterprise Zone Program. The administration, policies and procedures established pursuant to Article 83A, Sections 5-401 et seq. the application filed October 15, 1998 by the County to the State of Maryland, and these Executive Regulations for determination and certification of eligible property owners and employers to receive applicable tax credits in accordance with the requirements for eligibility set forth herein for the Wheaton Enterprise Zone.

3.7 Minimum Qualifying Capital Investment. In accordance with section 6.2.2.2 through section 6.2.2.4, the minimum amount of property improvement that will qualify for real property tax credit.

3.8 Property Tax Credit. The credit that may be allowed on the increased assessment subsequent to capital investment in property in the Zone.

3.9 Wheaton Enterprise Zone, Referred to herein as the Zone, that portion of Wheaton, MD shown in the attached Figure 1 of the Montgomery County Enterprise Zone Application, dated October 15, 1998, and designated as such by the State of Maryland on December 15, 1998. The Zone boundary is also shown on the attached map.

3.10 Wheaton CBD Sector Plan. The Comprehensive Amendment to the Wheaton Central Business District Sector Plan approved by the Montgomery County Council on June 26, 1990 and adopted by the Maryland-National Capital Park and Planning Commission on September 13, 1990.

3.11 Standard Industrial Classification (S.I.C.) Code. The system generally used to classify commercial establishments by type of business in which they are engaged.

4.1 Responsibilities of the Administrator. The responsibilities of the Administrator include:

4.1.1 Determining the eligibility of the businesses and/or property owners for the tax credits under the Enterprise Zone Program.

4.1.2 Notifying the State Department of Assessment and Taxation and the Montgomery County Department of Finance that the applicant is eligible for property tax credits in accordance with the Enterprise Zone Program.

4.1.3 Providing certification to the applicant of eligibility for income tax credits in accordance with the Enterprise Zone Program within 60 days of the receipt of application. It is the responsibility of the applicant to file this certification of eligibility when filing the appropriate income tax form with the State.

4.1.4 Submitting an Annual Report to the Maryland Department of Business and Economic Development (MDBED) by January 15 of the calendar year following adoption of these Executive Regulations and each subsequent January 15, thereafter, so long as the Enterprise Zone Program is in effect. The Annual Report will be sent to the Montgomery County Council.

4.1.5 Acting as the principal point of contact between the public and the State of Maryland with respect to questions concerning the Enterprise Zone Program.

4.1.6 Developing applications for tax credits in the Zone.

4.1.7 Preparing a short fact sheet describing the Enterprise Zone and its benefits to business.

4.2 Application and Reporting Requirements. Property owners and/or businesses must complete separate applications for, and report annually on, property tax credits and employment tax credits on forms provided by the Administrator. The application(s) must provide evidence that all State and local qualification standards have been met. At a minimum, the application(s) must contain the following information:

4.2.1 Name and address of the business/property owner, type of business (corporation, partnership, etc.), and Standard Industrial Classification (S.I.C.) code.

4.2.2 For employment tax credit, previous address of the business, and number of employees at previous address if moving into the zone from another location.

4.2.3 For employment tax credit, total employment and verification of increases in employment wages paid for new jobs created in the Zone. The applicant may be asked to provide payroll documentation and employee time sheets for the period for which the tax credit is being applied or any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations.

4.2.4 For the property tax credit, description and date of completion of the improvement, certification of the costs of the new construction or renovations and party responsible for payment thereof, a copy of certificate of occupancy if the area being improved is presently occupied, and any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations.

4.2.5 Property owners seeking property tax credit on the next applicable July 1 tax bill must apply by December 10 of the preceding year in order for the Administrator to certify the property's eligibility by December 31 of the preceding year. A property owner may file an application for pre-certification of eligibility for property tax credit on a form provided by the Administrator prior to making the minimum qualifying capital investment in order to determine in advance whether such investment will be eligible. In this case, the Administrator will send a notice of pre-certification to the applicant. In no case will certification be granted until the minimum qualifying capital investment is completed.

4.2.6 Property owners receiving property tax credit must provide notice to the Administrator, on a form provided by the Administrator, of the dollar value of the tax credit, and provide notice of same to any tenant or other third party responsible for direct payment or reimbursement to the property owner for payment of such tax within 30 days of payment of property taxes for the tax year in which credit is applied.

4.2.7 A business seeking employment tax credit must apply for certification at least 30 days before the income taxes for which a credit is being applied are due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit. A copy of the certificate(s) of occupancy for the premises must accompany this form. Businesses receiving employment tax credit must provide notice of the tax credit, number of employees, and total wages paid for which the credit has been taken, to the Administrator, on a form provided by the Administrator, by December 10 of the tax year for which the credit is received.

4.2.8 Failure to submit information required in section 4.2 may result in a notification of incomplete application insufficient for determining eligibility. Failure to comply with the local and State Enterprise Zone regulations may result in decertification of eligibility for tax credit.

5.1 Property owners and businesses currently located within the boundaries of the Zone or new businesses that locate there must meet the qualification standards set forth in these Executive Regulations in order to be certified by the Administrator as eligible to receive tax credits under the Enterprise Zone Program. The following general condition must be met:

5.1.1 The business activity conducted on the property must constitute a legal use of the property. The property must be current with respect to payment of real property taxes and the business must be current with respect to payment of income and personal property taxes.

5.2 Any business entity located in the Zone before December 15, 1998 may not benefit from the tax credits and other incentives of the Enterprise Zone Program except with respect to any capital investment or expansion of its labor force occurring after December 15, 1998. Any new construction assessed in the tax year immediately preceding the tax year for the first credit is excluded from the tax assessment.

5.3 Property tax credits do not apply to Parking District Taxes and Urban District Taxes.

5.4 Location in the Zone or certification of eligibility for tax credit does not relieve property owners or businesses from building codes, zoning requirements and other regulations applicable to the property or business.

5.5 A property tax credit will only be applied against the amount of increase in a property tax assessment that results from a minimum qualifying capital investment.

6.1 Employment Tax Credit Qualification Standards. Businesses seeking employment tax credits must meet the following requirements.

6.1.1 State Standards.

6.1.1.1 The new employee(s) for which tax credits are sought must have been hired after the business was located in the Zone and after December 15, 1998. If a business relocates from another location in Maryland into the Zone, its base employment remains the same as it was at the previous site.

6.1.1.2 The new employee(s) must have worked in the business for at least 25 hours each week for six months before or during the taxable year for which the credit is taken.

6.1.1.3 The new employee(s) must spend at least half of all work time in the Zone or in an activity related to the Zone.

6.1.1.4 The new employee(s) must have been hired to fill new positions. That is, the firm's number of full-time employees must increase by the number of credits taken.

6.1.1.5 In order to claim tax credit for hiring economically disadvantaged employees to fill newly created positions, the business must obtain a certification of eligibility for each employee provided by the Maryland Job Service, Department of Labor, Licensing and the economically disadvantaged employee must remain in the business for three years. However, if the disadvantage employee leaves the business and is replaced by another employee who is also qualified as disadvantaged, the business may take the remainder of the credit as if the original employee had remained.

6.1.2 Additional Local Standards.

6.1.2.1 When claiming tax credit(s) for hiring employees or relocating into the Zone from outside the State, the business must show a net increase of at least 25 work hours per week for each tax credit sought. The business may be required to document this employment on time sheets and payroll documents.

6.1.2.2 The business must show an increase in employees of five percent (5%) to a minimum of one (1) new employee.

6.2 Property Tax Credit Qualification Standards. Credits will apply to increased property tax based on an increase in the assessed value of the property. Benefits will be triggered by increased assessment subsequent to a minimum qualifying capital investment in property in the Zone. Property owners seeking property tax credits must meet the following requirements:

6.2.1 State Standards.

6.2.1.1 The tax credit is granted on whole taxable years only. A property owner will have to pay any partial-year levy tax bills should the property improvement be assessed as complete before July 1 of the first year of eligibility. The property owner will then receive the tax credit for ten full years. Tax credits will be calculated in accordance with Md. Code Ann., Tax Prop., Section 9-103.

6.2.2 Additional Local Standards.

6.2.2.1 Property owners must make a minimum qualifying capital investment in the property through sources other than government grants. A minimum qualifying capital investment may include improvements made with funds obtained through government loan programs.

6.2.2.2 The minimum qualifying capital investment is ten dollars ($10) per square foot of building floor area improved, and at least 20

6.2.2.3 The minimum qualifying capital investment may include off-site investment in state-of-the-art technology, such as installation of new fiber optic wiring to the building, to meet modem standards, particularly those of technology-oriented companies.

6.2.2.4 The minimum qualifying capital investment may include off-site improvements, such as streetscape improvements, and on-site improvements such as new landscaping in parking lots to implement specific objectives of -the Wheaton Sector Plan. These improvements must be part of a building construction or building improvement project.

6.2.2.5 Construction of new parking facilities or improvements to existing parking facilities are not eligible for tax credit, except where such parking facility is an integral part of the new building construction or improvement of an existing building.

[Click here to view Wheaton Enterprise Zone.]

The Long Branch/Takoma Park Enterprise Zone is established to accomplish the following purposes:

1.1 To encourage new business investment.

Encourage expansion and enhancement of existing companies by improving their profitability. Recruit new businesses to Long Branch/Takoma Park.

1.2 To preserve existing scale of commercial development.

Encourage retention and enhancement of existing businesses. Support redevelopment projects that complement existing commercial and residential infrastructure.

1.3 To improve the attractiveness of commercial areas.

Increase enforcement of property maintenance codes. Provide technical assistance and training, rehabilitation loans and grants. Invest in streetscape improvements. Expand maintenance efforts in public right of way. Promote pedestrian friendly improvements.

1.4 To diversify the mix of goods and services.

Develop an economically diverse mix of goods and services.

1.5 To preserve public investments.

Promote and support investment that preserves past public investments and furthers ongoing revitalization efforts.

1.6 To create new jobs.

Encourage the employment of neighborhood residents by new and existing businesses. Promote use of available job training and educational programs.

2.1 These policies and procedures apply to all property owners and employers located within the boundaries of the Long Branch/Takoma Park Enterprise Zone (the Zone) who meet the eligibility requirements and qualification standards established by this Executive Regulation during the period when the Zone is in effect.

3.1 Administrator. The Administrator of the Local Enterprise Zone is the Director, Montgomery County Department of Economic Development or the Director’s designee.

3.2 Capital Investment. The investment in property improvement defined as a capital expense by the Internal Revenue Service in Publications 334 and 535. See Minimum Qualifying Capital Investment.

3.3 East Silver Spring Master Plan. The Comprehensive Amendment to the 1977 Silver Spring - East Master Plan approved by the Montgomery County Council on December 12, 2000 and adopted by the Maryland-National Capital Park and Planning Commission on January 17, 2001.

3.4 Certificate of Occupancy. The permit to occupy a building in Montgomery County issued by the Department of Permitting Services.

3.5 Economically Disadvantaged Person or People. A person or people certified as such by the Maryland Job Service, Department of Labor, Licensing and Regulation.

3.6 Employment Tax Credit. The credit on income tax that may be allowed by the State of Maryland for new Maryland employees hired in the Zone.

3.7 Enterprise Zone Program. The administration, policies and procedures established pursuant to Article 83A, Sections 5-401 et seq., the application for re-designation filed April 15, 2013 by the County to the State of Maryland, and these Executive Regulations for determination and certification of eligible property owners and employers to receive applicable tax credits in accordance with the requirements for eligibility set forth herein for the Long Branch/Takoma Park Enterprise Zone.

3.8 Focus Area. The area within the Zone generally referred to as Long Branch, noted as areas 1 and 2 in the maps provided in the Long Branch/Takoma Park Enterprise Zone application dated April 15, 2003, and designated as such by the State of Maryland on June 23, 2003.

3.9 Long Branch/Takoma Park Enterprise Zone. Referred to herein as the Zone, those portions of Montgomery County, Maryland, shown in the Map of the Long Branch/Takoma Park Enterprise Zone Application, dated April 15, 2013, and designated as such by the State of Maryland on June 15, 2013. Where the Zone boundary is shown in the rights-of-way, the properties contiguous to the rights-of-way of these streets are included in the Zone. The Zone begins at the intersection of Flower Avenue and Piney Branch Road in Silver Spring. It continues north on Flower Avenue to Arliss Street, running south a half block on Flower Avenue, north on Piney Branch Road to Carroll Avenue. From the intersection of Piney Branch and University Boulevard, the Zone extends east to New Hampshire Avenue and Prince George’s County. At New Hampshire Avenue, the zone runs south to Eastern Avenue, and the border with Washington D.C. All commercially zoned properties located in either the City of Takoma Park or Montgomery County, and contained within the described corridor, are included in the Zone.

3.10 Minimum Qualifying Capital Investment. In accordance with section 6.2.2.2 through section 6.2.2.4 of this regulation, the minimum amount of property improvement that will qualify for real property tax credit.

3.11 North American Industry Classification System (NAICS) Code. The system generally used to classify commercial establishments by type of business in which they are engaged.

3.12 Personal Property Tax Credit. The credit that may be allowed by Montgomery County and/or the City of Takoma Park on new investment in personal property within a focus area within the Zone.

3.13 Property Tax Credit. The credit that may be allowed by Montgomery County and/or the City of Takoma Park on the increased assessment after capital investment in property in the Zone, and/or the credit that may be allowed on new investment in personal property within a focus area in the Zone.

3.14 Takoma Park Master Plan. The Comprehensive Amendment to the City of Takoma Park Master Plan, the 1974 Sector Plan for the Transit Impact Area in Takoma Park, and the 1989 Master Plan for Langley Park-College Park-Greenbelt approved by the Montgomery County Council on December 12, 2000 and adopted by the Maryland-National Capital Park and Planning Commission on January 17, 2001.

3.15 Takoma-Langley Crossroads Plan. The Planning Board Draft Takoma/Langley Crossroads Sector Plan amends the Approved and Adopted Takoma Park Master Plan, December 2000; the Approved and Adopted East Silver Spring Master Plan, December 2000; the General Plan (On Wedges and Corridors) for the Physical Development of the Maryland-Washington Regional District in Montgomery and Prince George’s Counties, as amended; and the Master Plan of Bikeways, as amended. It was approved and adopted with revisions by the County Council, sitting as the District Council, on April 24, 2012. The Takoma/Langley Crossroads Sectional Map Amendment (0-953) was approved by the County Council, sitting as the District Council, on December 11, 2012.

3.16 New Hampshire Avenue Corridor Concept Plan. Takoma Park County Council adopted the Plan in 2008 to guide redevelopment of the New Hampshire Avenue corridor from Eastern Avenue to Sligo Creek.

3.17 Long Branch Sector Plan. Planners, working on a sector plan for Long Branch, presented a staff draft to the Planning Board on December 13, 2012. Long Branch was covered in part of the East Silver Spring and City of Takoma Park Master Plans, which were approved and adopted in 2000. The staff draft has yet to be approved by the Planning Board and submitted to the County Council for its review and approval.

4.1 Responsibilities of the Administrator. The responsibilities of the Administrator include:

4.1.1 Determining the eligibility of the businesses and/or property owners for the tax credits under the Enterprise Zone Program.

4.1.2 Notifying the State Department of Assessments and Taxation and the Montgomery County Department of Finance that the applicant is eligible for property tax credits in accordance with the Enterprise Zone Program.

4.1.3 Providing certification to the applicant of eligibility for income tax credits in accordance with the Enterprise Zone Program within 60 days of the receipt of application. It is the responsibility of the applicant to file this certification of eligibility when filing the appropriate income tax form with the State.

4.1.4 Submitting an Annual Report to the Maryland Department of Business and Economic Development (MDBED) by January 15 of each calendar year following adoption of these Executive Regulations so long as the Enterprise Zone Program is in effect.

4.1.5 Acting as the principal point of contact between the public and the State of Maryland with respect to questions concerning the Enterprise Zone Program.

4.1.6 Developing applications for tax credits in the Zone.

4.1.7 Preparing a short fact sheet describing the Enterprise Zone and its benefits to business.

4.2 Application and Reporting Requirements. Property owners and/or businesses must complete separate applications for property tax credits and employment tax credits on forms provided by the Administrator. The application(s) must provide evidence that all State and local qualification standards have been met. At a minimum, the application(s) must contain the following information:

4.2.1 Name and address of the business/property owner, type of business (corporation, partnership, etc.), and North American Industry Classification System (NAICS) code.

4.2.2 For employment tax credit, previous address of the business, and number of employees at previous address if moving into the Zone from another location.

4.2.3 For employment tax credit, total employment and verification of increases in employment wages paid for new jobs created in the Zone. The applicant may be asked to provide payroll documentation and employee time sheets for the period for which the tax credit is being applied or any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations.

4.2.4 For the property tax credit, description and date of completion of the improvement, certification of the costs of the new construction or renovations or personal property and party responsible for payment thereof, and any other information the Administrator may deem necessary to determine eligibility or compliance with these regulations.

4.2.5 Property owners seeking property tax credit on the next applicable July 1 tax bill must apply by December 10 of the preceding year in order for the Administrator to certify the property’s eligibility by December 31 of the preceding year. A property owner may file an application for pre-certification of eligibility for property tax credit on a form provided by the Administrator prior to making the minimum qualifying capital investment in order to determine in advance whether such investment will be eligible. In this case, the Administrator will send a notice of pre-certification to the applicant. In no case will certification be granted until the minimum qualifying capital investment is completed.

4.2.6 Property owners receiving property tax credit must provide notice to the Administrator on a form provided by the Administrator, of the dollar value of the tax credit, and provide notice of same to any tenant or other third party responsible for direct payment or reimbursement to the property owner for payment of such tax within 30 days of payment of property taxes for the tax year in which credit is applied.

4.2.7 A business seeking personal property tax credit must apply for certification at least 30 days before the personal property tax return is due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit.

4.2.8 A business seeking employment tax credit must apply for certification at least 30 days before the income taxes for which a credit is being applied are due, on a form provided by the Administrator, in order for the Administrator to certify the business is eligible for the tax credit. Businesses receiving employment tax credit must provide notice of the tax credit, number of employees, and total wages paid for which the credit has been taken, to the Administrator, on a form provided by the Administrator, by December 10 of the tax year for which the credit is received.

4.2.9 Failure to submit information required in Section 4.2 may result in a notification of incomplete application insufficient for determining eligibility. Failure to comply with the local and State Enterprise Zone regulations may result in decertification of eligibility for tax credit.

5.1 Property owners and businesses currently located within the boundaries of the Zone or new businesses that locate within the boundaries of the Zone must meet the qualification standards set forth in these Executive Regulations in order to be certified by the Administrator as eligible to receive tax credits under the Enterprise Zone Program. The following general conditions must be met:

5.1.1 The business activity conducted on the property must constitute a legal use of the property.

5.1.2 The property must be current with respect to payment of real property taxes and the business must be current with respect to payment of income and personal property taxes.

5.2 Any business entity located in the Zone before June 23, 2003 may not benefit from the tax credits and other incentives of the Enterprise Zone Program except with respect to any capital investment, personal property investment or expansion of its labor force occurring after June 23, 2003. Any new construction assessed in the tax year immediately preceding the tax year for the first credit is excluded from the tax assessment.

5.3 Location in the Zone or certification of eligibility for tax credit does not relieve property owners or businesses from building codes, zoning requirements and other regulations applicable to the property or business.

5.4 Since a minimum qualifying capital investment may not necessarily result in an increase in dollar value assessment, determination of eligibility by the Administrator for property tax credit shall not be deemed to create an assumption that a property tax credit will be given for a minimum qualifying capital investment in the Zone.

6.1 Employment Tax Credit Qualification Standards. Businesses seeking employment tax credits must meet the following requirements:

6.1.1 State Standards

6.1.1.1 The new employee(s) for which tax credits are sought must have been hired after the business was located in the Zone and after June 15, 2009. If a business relocates from another location in Maryland into the Zone, its base employment remains the same as it was at the previous site.

6.1.1.2 The new employee(s) must have worked in the business for at least 35 hours each week for six months before or during the taxable year for which the credit is taken.

6.1.1.3 The new employee(s) must spend at least half of all work time in the Zone or in an activity related to the Zone.

6.1.1.4 The new employee(s) must have been hired to fill new positions or rehired after being laid off at least a year by that business. That is, the business’ number of full-time employees must increase by the number of credits taken.

6.1.1.5 The new employees must be paid at least 150% of the Federal Minimum Wage by the employer.

6.1.1.6 In order to claim tax credit for hiring economically disadvantaged employees to fill newly created positions, the business must obtain a certification of eligibility for each employee provided by the Maryland Job Service, Department of Labor, Licensing and Regulation. The economically disadvantaged employee must remain in the position for three years. However, if the disadvantaged employee leaves the business and is replaced by another employee who is also qualified as disadvantaged, the business may take the remainder of the credit as if the original employee has remained.

6.1.2 Additional Local Standards.

6.1.2.1 When claiming tax credit(s) for hiring employees or relocating into the Zone from outside the State, the business must show a net increase of at least 35 work hours per week for each tax credit sought. The business may be required to document this employment on time sheets and payroll documents.

6.1.2.2 The business must show an increase of five percent (5%) to a minimum of one (1) new employee.

6.2 Property Tax Credit Qualification Standards. Credits will apply to increased property tax based on an increase in the assessed value of the property. Benefits will be triggered by increased assessment subsequent to a minimum qualifying capital investment in property in the Zone. Property owners seeking property tax credits must meet the following requirements;

6.2.1 State Standards.

6.1.2.1 When claiming tax credit(s) for hiring employees or relocating into the Zone from outside the State, the business must show a net increase of at least 35 work hours per week for each tax credit sought. The business may be required to document this employment on time sheets and payroll documents.

6.2.2 Additional Local Standards.

6.2.2.1 Property owners must make minimum qualifying capital investment in the property through sources other than government grants. A minimum qualifying capital investment may include improvements made with funds obtained through government loan programs.

6.2.2.2 The minimum qualifying capital investment is ten dollars ($10) per square foot of the building floor area improved, and at least 20% of the total building floor area must be improved.

6.2.2.3 The minimum qualifying capital investment may include off-site investment in state-of-the-art technology, such as installation of new fiber optic wiring to the building, to meet modern standards, particularly those of technology-oriented companies.

6.2.2.4 The minimum qualifying capital investment may include off-site improvements, such as streetscape improvements, and on-site improvements such a new landscaping in parking lots to implement specific objectives of the East Silver Spring or Takoma Park Master Plans. These improvements must be part of a building construction or building improvement project.

6.2.2.5 Construction of new parking facilities or improvements to existing parking facilities are not eligible for tax credit, except where such parking facility is an integral part of new building construction or improvement of an existing building.

This Executive Regulation is authorized by Bill 12-15, effective on July 8, 2015, and Section 2-64M of the Montgomery County Code.

This Executive Regulation is intended to implement Bill 12-15 and Section 2-64M of the Montgomery County Code.

a) Applicant – A program or organization that applied for a reduction or waiver of fees for using public space scheduled by the Community Use of Public Facilities.

b) Facility – school classrooms, cafeterias, all-purpose rooms, library meeting rooms, and meeting rooms at certain public county office buildings for which Community Use of Public Facilities (CUPF) schedules use of the space. Specialized space including school gymnasiums, auditoriums and kitchens may be included if they are available for use and the proposed program cannot be accommodated through non-specialized space.

c) Vulnerable youth – young people, typically in middle and high school, who may be at risk for a competent transition to adulthood and self-sufficiency. Groups of vulnerable youth include the following:

• youth emancipating from foster care;

• runaway and homeless youth;

• youth involved in the juvenile justice system;

• immigrant youth and youth with limited English proficiency;

• youth with physical and mental disabilities;

• youth with mental disorders; and

• youth receiving special education.

d) Low-income persons or families – Individuals or families whose incomes are less than twice the Federal Poverty Level.

e) Title I school – Montgomery County Public Schools which are identified with high numbers or high percentages of children from low-income families.

An applicant may request that the Director reduce or waive the facility fees that CUPF charges. In order to qualify for the reduced fee or for a fee waiver, the applicant must comply with all requirements of the CUPF community use program and meet the following criteria:

a) The applicant’s proposed program or service must provide services to at risk and low income residents of Montgomery County;

b) The applicant must be a nonprofit 501(c)(3) organization or an informal community group offering a service comparable for a charitable organization. Nonprofit status through an affiliation with another organization will not be recognized;

c) The applicant must confirm that it will not use the facility for fundraising activities;

d) The applicant’s mission statement or program description must verify that its primary purpose is to serve vulnerable youth or low-income persons or residents receiving financial assistance; and

e) If the applicant receives reduced or waived fees, the applicant must agree to submit an outcomes report on activities conducted and accomplishments achieved within one week of the last reservation date.

The following additional criteria will also be considered. The more criteria that are met, the more likely an applicant will qualify for the reduced or waived fee:

f) Provides service in a Title I school;

g) Free or nominal cost to participants; and

h) First-time applicant.

Funding for the reduced or waived fees will be contingent on Council appropriations.

On a rolling fiscal year basis, Community Use of Public Facilities’ staff will evaluate each application for a Facility fee reduction or waiver under the criteria contained in this regulation. Staff will recommend to the CUPF Executive Director which applicant should receive a reduced fee or waived fee. The CUPF Executive Director will make the final decision. Decisions of the Executive Director are final.

a) Facility fees can be waived or reduced on weekdays; facility fees can only be reduced on weekends. Other costs such as staff services and equipment fees will not be waived but may be reduced. Use of specialized spaces, such as auditoriums and gymnasiums, will not be confirmed until 30 days prior to the proposed use.

b) CUPF will do outreach to organizations, groups, government departments, and others about the reduced or waived fee program and how to apply. CUPF will communicate through newsletters and electronic mail.

c) CUPF will provide technical assistance to applicants, which will include answering questions regarding filling out the application form and about the process. It may also include providing the application form for walk-in applicants or users who have difficulty with the electronic application.

d) On or before January 1 of each even-numbered year, the CUPF Executive Director must submit a report to the County Executive and County Council describing the activities conducted, accomplishments achieved, and difficulties encountered in seeking to increase the use of public facilities by programs serving vulnerable youth or low-income persons.

Applicants found to be eligible must sign the Facility Use License Agreement and comply with all procedures and conditions of use applicable to the community use program.

The purpose of this regulation is to establish standards for training members of boards, commissions, and committees on the Maryland Open Meetings Act and basic parliamentary procedure.

A. Open Meetings Act. Open Meetings Act training should cover topics such as:

1. identification of a “public body” subject to the Act;

2. determination when a public body is “meeting” under the Act;

3. the different types of “functions” subject to the Act;

4. notice requirements;

5. permissible reasons for closing a meeting, and the procedure to close a meeting;

6. the requirement to take and maintain meeting minutes, and what should be included; and

7. the Open Meetings Act Compliance Board.

Training that is sufficient to meet the training requirements of the Maryland Open Meetings Act also meets the standards established by this regulation.

B. Parliamentary training. Parliamentary training should cover topics such as:

1. Robert’s Rules of Order Newly Revised, Latest Edition (RONR);

2. quorum requirements;

3. how to chair a meeting;

4. the usual order of a meeting;

5. making and debating motions;

6. voting;

7. recusal and abstention; and

8. adjournment.

Training may be developed and provided in partnership with parliamentarian associations or groups.

Training may be given in-person or electronically. Each member of a board, commission, or committee at the time this regulation takes effect must submit a certificate evidencing that member’s successful completion of Open Meetings Act and parliamentary training within 90 days of the effective date of this regulation. Each new member of a board, commission, or committee must submit a certificate evidencing that member’s successful completion of Open Meetings Act and parliamentary training within 90 days of the latter of appointment or, if required, confirmation. The appointing authority may remove a member under County Code §2-148(c) if that member fails to complete and evidence the training required under this regulation.

This Executive Regulation is authorized by Montgomery County Code, Section 2-158.

A. Open Data program governance must be comprised by an Open Data Steering Committee (“the Steering Committee”) and an Open Data Workgroup (“the Workgroup”).

B. The Workgroup is responsible for managing operational and tactical issues and must include representation from the Department of Technology Services, Office of the County Attorney, CountyStat Office, and the Office of Public Information. The Steering Committee may request additional representation, as needed. The Workgroup must meet at least quarterly.

C. The Steering Committee establishes and manages the overall policy objectives of the Open Data program and must be chaired by an Assistant Chief Administrative Officer, and include representation from the Department of Technology Services, Office of the County Attorney, CountyStat Office, and the Office of Public Information. The Steering Committee must meet at least semi-annually.

A. The Director of the Department of Technology Services (“the Director”) must publish and maintain the Open Data Operations Manual (“the Operations Manual”). The Operations Manual must be published on the Open Data web portal. Link: http://www.montgomerycountymd.gov/open/

B. The Operations Manual must contain detailed information for the following:

1. governance and staffing;

2. dataset inventory processes;

3. publishing priority for datasets;

4. dataset changes and removal;

5. web portal availability and bandwidth;

6. dataset inventory and publishing schedule;

7. initiatives; and

8. Maryland Public Information Act request publishing.

A. The Director, in coordination with all departments, must systematically identify and inventory public datasets that should be published under the Open Data Act.

B. The list of public datasets must be described and maintained in the Operations Manual.

C. The datasets must be assigned a level of priority for publication according to a quantitative prioritization process that includes the following internal and external characteristics:

1. publication of the data can be used to increase agency accountability and responsiveness;

2. publication of the data improves public knowledge of the agency and its operations;

3. publication of the data furthers the mission of the agency;

4. publication of the data creates economic opportunity; and

5. publication of the data responds to a need or demand identified by public consultation.

The datasets must be grouped into subcategories which describe the order in which they must be published, based on their quantitative rating.

D. A dataset publication timeline must be published in the Operations Manual, based upon budgeted resources.

E. Every department must publish at least 1 public dataset by December 31, 2018.

A. Once a public dataset has been published, the dataset must be updated at least once per year. The data update frequency for each published dataset must be listed in the Operations Manual.

B. For any changes to a published dataset (i.e., adding or deleting data elements, frequency of updates, etc.) or removal of a published dataset, the Department Head of the owning department must complete a change order process authorizing the requested changes or removal, pursuant to the process prescribed by the Steering Committee.

C. The Director must publish and maintain the detailed policy and processes for dataset changes or removal in the Operations Manual.

A. The Director must establish an Open Data Project Team that must oversee the execution of the Open Data program, including the publishing of datasets and operating the Open Data web portal.

B. Each County department must establish an Open Data Point of Contact who represents their department in the process of identifying, documenting and coordinating the publishing of data from their department.

A. The Director must create and maintain the Open Data web portal with the same or higher availability and bandwidth as the County’s main web portal. The Director must apply standard monitoring practices for the Open Data web portal to ensure availability and bandwidth are maintained.

B. The Director must publish and maintain the Open Data web portal hosting information in the Operations Manual.

A. The Director must develop and maintain a tool to facilitate publishing MPIA requests by County Departments on the Open Data web portal.

B. Along with the MPIA request response, the following data elements must be published on the Open Data web portal:

1. requestor name;

2. requestor organization;

3. request description;

4. request intake type;

5. lead and owning department(s);

6. date Response posted.

C. The Director must publish and maintain policy and process details for MPIA Response Publishing in the Operations Manual.

A. On July 15, 2015, and every July 15 thereafter, the Director must publish an update to the Open Data Operations Manual on the Open Data web portal.

B. The annual update to the Open Data Operations Manual must contain:

1. all changes to the public dataset inventory list and prioritization of datasets since the last publication of the Open Data Operations Manual, as approved by the Steering Committee; and

2. all information required in the annual report required by Section 2-158 (c) and (d) of the Code.

The definitions in this section supplement those in Chapter 2B*.

Added-value formula: The method by which the price of AEP Easements is determined under 02B.00.01.02(E) and (F).

Agricultural Easement Program (AEP): A County program designed to reduce permitted residential density on agricultural lands by purchasing easements to preserve agricultural production capability.

Building Lot Termination (BLT) Easement: is defined in Section 2B-15 of the Code.

BLT Adjusted Market Value Price: The price for BLT Easements purchased under Chapter 2B* and established on an annual basis by the County Executive.

BLT Ranking Formula: The method by which the price of BLT Easements is determined under 02B.00.01.04(B)(1)(b).

DED: The County’s Department of Economic Development.

Director: Director of DED.

Reserved Residential Lot: a reservation of a lot for a single family dwelling contained within a recorded easement giving a party the ability to construct a limited number of single family dwellings subject to the approval processes in 02B.00.01.02(D)(2) and 02B.00.01.04(C)(2) and subject to applicable zoning and subdivision requirements.

The County may purchase an easement on real property to preserve agricultural land in the County. The agricultural easement must restrict residential, commercial, and industrial use of the land.

A Eligibility - AEP Program

1. Eligible Sellers

The County will purchase easements only from the holder of fee simple title to eligible land, or a person or institution that has entered into a binding contract or option to purchase fee simple title to eligible land, if and when that person or institution takes title to the land.

2. Land Eligible for Inclusion within Agricultural Zones

The County will purchase easements on 50 acres or more of land that is zoned Rural Density Transfer, Rural, or Rural Cluster, or on land comprised of several contiguous parcels totaling 50 acres or more that are adjacent to properties protected by other State or County agricultural or other conservation easements, or on land with significant agricultural resources if they include at least 10 acres of cropland and are adjacent to properties protected by other State or County agricultural or other conservation easements. The County may purchase easements on land that is already encumbered by a transferable development rights easement provided not all of the TDRs have been transferred from the land. At a minimum, a landowner must have retained TDRs with the land at the density of 1 TDR for every 25 acres to remain eligible for the maximum benefits under the AEP Program. The County will purchase easements over less than the entire contiguous acreage owned by a landowner only if the parcel being considered for an AEP Easement is separately deeded, surveyed or subdivided, and is, in the discretion of the Agricultural Preservation Advisory Board, of sufficient size and capability to be used for agricultural purposes. Under an AEP Easement, the easement price will not include the curtilage around each dwelling and one acre will be subtracted from the total eligible acreage for each dwelling on the property.

3. Additional Land Eligibility Requirements

a. At least 50 percent of the land under consideration for an easement must meet either

i) USDA Soil Classification Standards I, II or III; or

ii) Woodland Classifications 1 or 2.

b. The land must lie outside water and sewer categories 1, 2, and 3.

c. The Agricultural Preservation Advisory Board may consider purchasing easements on other agricultural land that does not meet the qualifications in 02B.00.01.02(A) if it determines the land has significant agricultural value, is consistent with the long term planning goals of the County and the easement is in the public interest.

4. Determining significant agricultural value

a. For purposes of 02B.00.01.02(A), the land has significant agricultural value if the land:

i. has a soil conservation plan approved by a local soil conservation district and the plan is fully implemented according to the implementation schedule in the plan;

ii. is recommended by the majority of the APAB members after an on-site inspection is conducted by one or more members of the APAB or the APAB’s designee; and

iii. meets either of the following criteria:

Under Chapter 2B-3(g)*, if the Foundation buys an agricultural easement, the County may make an additional payment to the landowner of up to 15 percent of the State’s purchase price upon completion of the sale of the easement to the Foundation. This supplemental payment is to encourage landowners to choose to sell easements to the Foundation.

The amount of the supplemental payment will be determined by Executive Order annually on July 1st. The amount of the supplemental payment will be determined in part by the value paid by the County for AEP easements in the previous year and by the amount needed to encourage landowners to participate in the Foundation’s easement purchase program. At the discretion of the County Executive, the value of the supplemental payment may be revised more than once each year.

The BLT Easement is another type of easement that may be purchased by the County under Chapter 2B or established through the private market in connection with site development approvals within appropriate zoning classifications. Similar to other agricultural easements purchased by the County, the primary purpose of the BLT Easement is to preserve agricultural land by reducing the fragmentation of farmland resulting from residential development. A BLT Easement will restrict residential, commercial, industrial and other non-agricultural uses. A key feature of the BLT Easement is an enhanced level of compensation to a landowner who can demonstrate that their land is capable of residential development and agrees, as part of the BLT Easement, to forego residential development and also agrees to restrict other types of development on their land. The County will purchase easements over less than the entire contiguous acreage owned by a landowner only if the parcel being considered for a BLT Easement is separately deeded, surveyed or subdivided, and is, in the discretion of the Agricultural Preservation Advisory Board, of sufficient size and capability to be used for agricultural purposes.

A. Eligibility for County Purchase

1. Eligible Sellers

The County will purchase easements only from the holder of fee simple title to eligible land, or to a person or institution that has entered into a binding contract or option to purchase fee simple title to eligible land, if and when that person or institution takes title to the land. Child lots permitted under Chapter 59 of the Code are not permitted under BLT Easements.

2. Land Eligible for Inclusion in BLT

a. The land must be located in the RDT Zone and must be at least 50 acres in size; however, a smaller property may be considered if it is contiguous to other lands protected from development by State or County agricultural and conservation easements.

b. At least 50 percent of the land under consideration for an easement must meet either

i) USDA Soil Classification Standards I, II, or III; or

ii) Woodland Classifications 1 or 2.

c. The land must lie outside water and sewer categories 1, 2 and 3.

d. The land must not be encumbered by a federal, State or County agricultural or conservation easement; except, however, land protected by a Transferable Development Right (TDR) Easement may still be eligible.

3. Application Requirements

If a landowner is interested in selling a BLT Easement to the County, the landowner must submit an easement sales application to DED. The application must include a completed property description as outlined in 02B.00.01.02(C)(1), including the requirement in 02B.00.01.02(C)(1)(m) of a septic system site plan approved by DPS with an on-site septic absorption area contained entirely within the legal description of the property, a minimum absorption area of 10,000 square feet or such additional area required by DPS for each BLT to be purchased, and demonstration that the septic absorption area being terminated by the BLT Easement is separated from any other septic absorption area on the property by at least 50 feet. Once DED receives an application, it will notify the landowner if the application is incomplete. If the application is complete, DED will forward the application to the APAB and the APAB will review it under the requirements of these regulations.

B. Review and Approval Procedure

1. DED and the APAB will accept applications, rank them, and provide notice to landowners under the requirements of this subsection.

a. The County will accept applications to sell BLT Easements during set purchase periods. If funds are available, the County will hold at least one purchase period annually. The County will accept only those applications to sell a BLT Easement received by DED during the purchase period. At the end of each purchase period, applications to sell BLT Easements will be ranked numerically by the APAB, from highest to lowest, using the BLT Ranking Formula set out in 02B.00.01.04(B)(1)(b).

b. i. The BLT Ranking Formula is equal to the Added Value and is used to determine the numerical ranking of BLT Easement applications received by the County during set purchase periods.

ii. The Maximum Easement Value is equal to the sum of the BLT Annual Base Value and the Added Value and is used to determine the price that the County will pay for a BLT Easement. The BLT Annual Base Value is the minimum price that will be paid for a BLT Easement and will be determined annually by the County Executive as set out in 02B.00.01.04(D)(1). The Added Value is used to increase the purchase price of a BLT Easement above the BLT Annual Base Value.

iii. The Added Value will be determined using a point system and the monetary value of the Added Value will be determined annually by the County Executive as set out in 02B.00.01.04(D)(1).

The Added Value consists of a maximum point value of 20 points within 3 categories:

Agricultural easements purchased by the County after the effective date of Bill 39-07* are not eligible for easement termination and repurchase, except as provided in Chapter 2B-10**. A landowner who owns land encumbered by an AEP easement prior to the effective date of Bill 39- 07 may, not earlier than 25 years after an agricultural easement purchased by the County has been recorded among the County’s land records, make a written request to the APAB to terminate the agricultural easement. Termination may be requested earlier only if the District Council re-zones the land under easement in a manner that precludes agricultural use as a matter of right.

**Editor’s note—of the Montgomery County Code.

If a request for termination is approved, the landowner must pay the County the present value of the easement prior to the termination being recorded among the land records. A bona fide, third party appraisal must be used to establish the present easement value and an appraisal obtained for purposes of this section may be considered viable for up to 12 months from the date of the appraisal. Appraisals will be ordered by the County but will be at the landowner’s expense.

This regulation becomes effective 30 days after approval by the County Council.

The following schedule of fees is hereby adopted pursuant to the authority contained in Section 3-4 of the Montgomery County Code 1984, as amended. Fees included in the schedule are for permits to burn materials listed in Section 3-6 of the Code in open area. No fee shall be required for fires not requiring a permit from the Department of Environmental Protection.