Housing and Community Development (GHS) — Title 16. Montgomery County

at least 50% of the units are initially occupied by individuals of families whose income individually or as part of a family unit is equal to or less than:

at least 20% of the units are initially occupied by individuals who are eligible for federal subsidies; and

the financial report issued under subsection (a) of this section; and

a full and complete copy of the certified audit report for the previous fiscal year.

“Payee” means a person that receives from the Montgomery Commission an aggregate payment of at least $25,000 in a single fiscal year.

“Payee” does not include:

the name of each payee that received a payment from the Montgomery Commission;

the location of the payee by postal zip code;

the amount of the payment; and

the purpose of the payment.

search payment data for fiscal year 2020 and each fiscal year thereafter; and

search by the following data fields:

mortgage loans secured by the housing; and

fund-related reserves and costs that are approved under this subtitle.

authorized to do business in the State; and

approved by the Federal National Mortgage Association or the Federal National Mortgage Loan Corporation; or

the terms and conditions of the bonds;

an estimate of the bond interest rate and the basis for the estimate;

the estimated timing and other provisions about the advertising and sale of the bonds;

a description of the proposed housing project, with detailed estimates of construction and related costs to make it ready to rent or sell;

detailed estimates of operating costs and debt service;

schedules of reserves for depreciation and major maintenance;

separate schedules that show how, after allowance for vacancies, revenues are expected to cover:

separate schedules that:

a description of the terms and conditions for construction of the housing project, including any safeguards against construction default and the conditions under which construction financing is to be provided by the Montgomery Commission; and

a description of the accounting system for recording and controlling expenditures of bond funds, debt service, operating costs, reserves, and revenues.

comment on the feasibility of the proposed bond guarantee and each housing project contemplated by the proposed bond guarantee; and

recommend whether the proposed bond guarantee should be approved and any terms and conditions for approval.

Except as provided in subparagraph (ii) of this paragraph, a recommendation by the County Executive to approve the proposed bond guarantee shall be supported by an acceptable independent feasibility study or studies that the Montgomery Commission submits.

The County Executive may waive the feasibility study requirement for a housing project financed, insured, or assisted by the State or the federal government.

the sale of the bonds; and

the distribution of a related offering circular.

finance wholly or partly mortgage loans secured by housing; and

fund related reserves and costs approved under this subtitle.

an independent certified public accountant licensed by the State; or

a firm of independent certified public accountants licensed by the State.

perform service and maintenance;

may operate specialized machinery or heavy equipment; and

have duties that contribute to the comfort and convenience of the public or to the upkeep and care of Montgomery Commission buildings, facilities, or grounds; and

serve as the only bargaining agent for the unit in collective bargaining; and

except as provided in subsection (c) of this section, represent all employees in the unit fairly and without discrimination.

the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement negotiated under this subtitle brought by the exclusive representative at the request of the employee; and

any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.

within 1 year after the date of an election under this subtitle; or

except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement.

the name of the current certified employee organization;

the name of the petitioning employee organization; and

a provision for “No representation”.

provisions for the exclusivity of forum;

binding third party arbitration, if:

shall begin collective bargaining on or before September 1 in the fiscal year before the beginning of a fiscal year for which an agreement has not been reached; and

shall complete collective bargaining on or before the following February 1.

either party may declare an impasse and request the services of the mediator–arbitrator panel; or

the parties may jointly request the services of a mediator–arbitrator panel before an impasse is declared.

a joint memorandum listing all items to which the parties have previously agreed; and

a separate memorandum of the party’s last final offer presented in negotiations on all items to which the parties have not previously agreed.

past collective bargaining contracts between the parties, including the bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;

a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in the State;

a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County;

the public interest and welfare;

the ability of the employer to finance any economic adjustments required under the proposed agreement;

the effects of any economic adjustments on the standard of public services normally provided by the employer; and

the annual increase or decrease in consumer prices for all items as shown in the most recent Consumer Price Index – Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area.

the limits on the ability of the Montgomery Commission to raise revenue;

the added burden raising revenue would have on customers of the Montgomery Commission; and

the ability of the Montgomery Commission to continue providing the current level of service to its customers.

On or before April 1 or a later date determined by mutual agreement of the parties due to extenuating circumstances, the Executive Director of the Montgomery Commission shall submit to the Montgomery Commission any term or condition of the final offer that requires:

The Montgomery Commission may accept or reject all or part of any term or condition that the Executive Director is required to submit under subparagraph (i) of this paragraph.

past collective bargaining contracts between the parties, including the bargaining history that led to the agreement or the precollective bargaining history of employee wages, hours, benefits, and other working conditions;

a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in the State;

a comparison of wages, hours, benefits, and conditions of employment of similar employees of private employers in Montgomery County;

the public interest and welfare;

the ability of the employer to finance any economic adjustments required under the proposed agreement;

the effects of any economic adjustments on the standard of public services normally provided by the employer; and

the annual increase or decrease in consumer prices for all items as shown in the most recent Consumer Price Index – Wage Earners and Clerical Workers (“CPI–W”) for the Washington Metropolitan Area.

the limits on the ability of the Montgomery Commission to raise revenue;

the added burden raising revenue would have on customers of the Montgomery Commission; and

the ability of the Montgomery Commission to continue providing the current level of service to its customers.

Within 45 days after the execution of an agreement under paragraph (4) of this subsection or on a later date determined by mutual agreement of the parties due to extenuating circumstances, the Executive Director of the Montgomery Commission shall submit to the Montgomery Commission any term or condition of the final offer that requires:

The Montgomery Commission may accept or reject all or part of any term or condition that the Executive Director is required to submit under subparagraph (i) of this paragraph.

each choose one mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service; and

together choose a third mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.

determine the budget and mission of the Montgomery Commission;

maintain and improve the efficiency and effectiveness of operations;

determine the services to be rendered and the operations to be performed;

determine the location of facilities and the organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted;

direct and supervise employees;

hire, choose, and establish the standards governing promotion of employees, and classify positions;

relieve employees from duties because of lack of work or money or when the Montgomery Commission determines that continued work would be inefficient or nonproductive;

take action to carry out the missions of government in emergencies;

transfer and schedule employees;

determine the size, grades, and composition of the workforce;

set the standards of productivity and technology;

establish employee performance standards and evaluate and assign employees, except that evaluation and assignment procedures shall be a subject for bargaining;

make and carry out systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;

introduce new or improved technology, research, development, and services;

control and regulate the use of machinery, equipment, and other property and facilities of the Montgomery Commission, subject to § 16–308(a)(5) of this subtitle;

maintain internal security standards;

suspend, discharge, or otherwise discipline employees for cause, subject to the grievance procedure set forth in the collective bargaining agreement; and

issue and enforce rules, policies, and regulations necessary to carry out this subsection and all other managerial functions that are not inconsistent with this Division II, federal or State law, or the terms of a collective bargaining agreement.

Subject to subparagraph (ii) of this paragraph, this subtitle and any agreement made under it do not impair the right and responsibility of the Montgomery Commission to create, alter, combine, contract out, or abolish a job classification, department, operation, unit, or other division or service.

The Montgomery Commission may undertake the contracting of work that will displace employees only if the Montgomery Commission gives written notice to the certified representative at least 90 days before signing the contract or within a different period that is agreed to by the parties.

interfere with, coerce, or restrain an employee in the exercise of rights under this subtitle;

dominate, interfere with, or assist in the formation, administration, or existence of any employee organization or contribute financial assistance or other support to an employee organization;

encourage or discourage membership in an employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment;

discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this subtitle; or

refuse to bargain in good faith with an employee organization that is certified as the exclusive representative of a bargaining unit over any subject of bargaining or refuse to participate in good faith in the mediation, fact–finding, or grievance procedure under this subtitle.

order that party to cease and desist from the unfair labor practice; and

order all relief necessary to:

publicizes a representational election or encourages employees to exercise their right to vote in the election;

corrects the record with respect to a false or misleading statement made by any person; or

informs employees of the Montgomery Commission’s policy about labor–management relations and representation.

the elimination of more than two employee positions assigned to perform bargaining unit work if the positions are authorized, fully funded, and either vacant for less than 90 calendar days or occupied at the time the Montgomery Commission solicits a service contract;

a permanent and involuntary reduction below the number of hours for regular full–time employment for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Montgomery Commission solicits a service contract;

a permanent and involuntary reduction in the pay grade for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Montgomery Commission solicits a service contract; or

a permanent and involuntary reduction in the base pay or fringe benefits otherwise applicable to a job classification covering more than five employees currently assigned on a full–time basis to perform bargaining unit work when the Montgomery Commission solicits a service contract.

a bona fide disciplinary proceeding;

a collective bargaining agreement then applicable in accordance with § 16–312 of this title; or

a reallocation or reassignment to other bargaining unit work or other duties that does not result in a change in job classification or grade.

is solicited by the Montgomery Commission as a management plan intended to adversely affect Montgomery Commission employees represented by a certified representative; and

in the estimation of the Montgomery Commission procurement officer, will exceed an annual cost of $75,000 as calculated under paragraph (2) of this subsection.

necessary to meet an emergent or imminent threat to public health, welfare, or safety;

required to comply with the requirements of any grant related to the funding of that contract; or

related to the settlement of an insurance claim;

result in damage to Montgomery Commission property;

result in injury to individuals; or

substantially hinder the objective of constructing or maintaining safe, sanitary, and decent properties and facilities; or

notify the Montgomery Commission of any vacant position for which displaced Montgomery Commission employees may apply; and

consider and give preference to hiring displaced Montgomery Commission employees; and

If the hearing officer finds that the Montgomery Commission was arbitrary and capricious in soliciting or entering into a service contract that is subject to the requirements of this section, and the Montgomery Commission employee has been adversely affected, the hearing officer may award the employee actual damages for back pay and front pay for a combined period of up to 2 years beginning on the date the employee was first adversely affected, provided that the employee is obligated to mitigate the actual damages.

The award of actual damages authorized under this paragraph shall be the sole and exclusive remedy for a violation of this subtitle that is available to the employee, and no liability shall accrue for punitive damages, consequential damages, or damages for emotional distress or pain and suffering.