The purpose of the Maryland Town Manager Circuit Rider Grant Program is to provide grants to assist eligible municipal governments to build their management capabilities by supplying needed managerial expertise through circuit riding managers. In this chapter, the following terms have the meanings indicated. Terms Defined. “Circuit” means a group of two or more municipalities that agree to share the services of a circuit rider, or a municipality and a county that agree to share an individual who will provide circuit rider services to the municipality. “Circuit rider” means the individual or individuals who provide managerial services to a circuit. “Circuit sponsor” means a corporation, foundation, county, municipality or governmental entity of it, regional agency, or other legal entity no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in the entity. “County” means any of the 23 counties of this State. “Department” means the Department of Housing and Community Development, a principal department of the State. “Director” means the Director of the Division. “Division” means the Division of Neighborhood Revitalization, an organizational unit of the Department. “Existing circuit” means a circuit comprised of two or more municipalities that has received a grant under the Program within 2 years of the circuit's most recent application. “Municipality” means a municipal corporation in Maryland subject to the provisions of Article XI-E of the Maryland Constitution. “Program” means the Maryland Town Manager Circuit Rider Grant Program. “Proposed circuit” means a circuit applying for a grant under the Program for the first time or that has not received a grant within 2 years of the circuit's most recent application. “Regional agency” means a multicounty or multistate agency established for the purpose of supporting development of an area or areas, no part of the net earnings of which inures to the benefit of any private shareholder or individual holding an interest in the entity. “Secretary” means the Secretary of Housing and Community Development. Circuit sponsors are eligible grantees under the Program. The Department may provide grants under the Program to eligible grantees for the purpose of defraying the costs associated with: The managerial services of a circuit rider as described in the budget of an applicant that has been approved by the Department and these costs may include: Salary, Fringe benefits, Travel, Administrative costs of the circuit sponsor and the circuit rider, or Training; and Other services or needs of a circuit considered acceptable to the Department including expertise in the areas of code enforcement, community revitalization, planning, economic development, and grant management. The Department may also use Program funds to pay for activities which enhance the managerial skills of circuit riders, including group training and group meetings for the circuit riders. The Department may directly pay for the activities or reimburse circuit sponsors for eligible costs. The Department may not use more than 15 percent of the monies appropriated in a fiscal year for the purposes set forth in §B of this regulation. The Department's financial participation in the Program shall be subject to available funding. Grant funds shall be allocated in accordance with the procedures set forth in these regulations, and the Department may give priority to applications on behalf of existing circuits. The Department shall request, in writing, applications from existing circuits each fiscal year in accordance with the procedures set forth in Regulation .07 of this chapter. The written request from the Department may contain a deadline for submission of applications by existing circuits as well as a proposed grant amount for all existing circuits. The procedures for grants to proposed circuits shall be made in accordance with the provisions in Regulation .07 of this chapter. Existing and proposed circuits applying for a grant shall be represented by a circuit sponsor acceptable to the Department. The circuit sponsor shall: Be responsible for the administration of grant funds and the collection of the local contribution from each member of a circuit required by §E of this regulation; and Perform any other duties that may be required by an agreement evidencing the grant. Each applicant shall demonstrate that its circuit or proposed circuit has a need for services sufficient to justify hiring at least one full-time circuit rider. An applicant may request funds to hire more than one full-time circuit rider if the applicant can demonstrate a work load warranting the additional personnel. Each applicant shall demonstrate the inability of each member of the circuit to afford qualified management staff with its own resources. Members of a circuit shall be located within reasonable proximity of each other. Contributions of Circuit Members. A circuit shall make a cash or in-kind contribution of a type acceptable to the Department. It is the preference of the Department that the local contribution be an amount at least equal to the amount of the grant. Each member of the circuit shall pay a share of the local contribution proportionate to the amount of the circuit rider's time allocated to that member. The local contribution shall be used to pay for costs associated with the managerial services and training of the circuit rider, or for other costs considered appropriate by the Department that are associated with the duties of the circuit rider. In evaluating the adequacy of a local contribution, the Department may examine the combined financial resources of the members of a circuit. In no event, however, shall the local contribution requirement be completely eliminated. Employment of Circuit Rider. Before entering into an employment agreement with a circuit rider, a circuit shall: Utilize the selection process set forth in its grant application that is approved by the Department; and Obtain the Department's approval of the proposed circuit rider. In granting approval of the proposed circuit rider, the Department shall consider with respect to: Proposed circuits, among other things, the qualifications of the circuit rider; or Existing circuits, among other things, the past performance of the circuit rider. The employment agreement between the circuit sponsor and the circuit rider shall provide, among other things, the services to be provided to each member of the circuit and that the circuit sponsor shall be responsible for hiring, terminating, and paying the circuit rider. The Department may establish any other reasonable and necessary terms and conditions governing the use of grant funds in an agreement evidencing the grant. Existing Circuits. On or before May 1 of each calendar year, the Program shall notify the circuit sponsor of each existing circuit that the Department is accepting applications for the upcoming fiscal year. The notification may contain a deadline for submission of applications as well as the proposed amount of the grant. Proposed Circuits. The Department may consider letters of intent requesting assistance under the Program on behalf of a proposed circuit. The letter of intent shall be submitted by the prospective members of a circuit and shall contain the following information: Names of prospective municipalities that are willing to be circuit members; Tentative administrative arrangements; and Prospective circuit sponsor. Before approving or rejecting a proposed circuit, the Department, in its discretion, may provide the prospective members with technical assistance to develop an acceptable circuit and an acceptable circuit sponsor. If the circuit described in the letter of intent is approved by the Department, the circuit sponsor may submit an application for a grant on behalf of the circuit. The Director is authorized to certify the establishment of new circuits. Applications for a grant shall be submitted by the circuit sponsor. The application shall be signed by the chief executive officer of the circuit sponsor. Each member of the circuit shall provide a resolution or other acceptable form of approval by the governing body of the municipality evidencing the commitment of the member to pay its share of the circuit costs. The Department may refuse to consider applications with incomplete information. The Department may make grant awards to benefit particular circuits and decline to make awards to benefit otherwise eligible circuits based on the assessment by the Department of the overall merit of the application of a circuit and its relative merit to competing applications. The Department may fund a circuit based on the: Number of applications received; Merit of each application; Demonstration of special managerial needs and limited financial resources; and Amount of funding available. The Department may require applicants to pay an application fee to cover some or all of the cost of processing an application. Applications shall be made on standard forms provided by the Department. The Program staff shall evaluate each application based on the following criteria: Manageable number of municipalities in a circuit; Reasonable distance between the members of a circuit; The amount of the prospective work load of a circuit; The ability of the circuit sponsor to provide administrative and other services to the circuit; The ability of a circuit to make the local contribution required under Regulation .06E(1) of this chapter; and Such other criteria the Department considers appropriate. The Program shall recommend to the Director the circuits to be funded and the level of funding. The Director shall recommend grant awards to the Secretary for approval. The Secretary shall approve all grant awards. A grant agreement shall be executed for each circuit that receives a grant. The grant agreement shall be signed by the circuit sponsor and the Secretary, or the Secretary's designee, on behalf of the Department. Except for powers reserved to the Secretary or the Secretary's designee under these regulations, actions or decisions to be taken or made by the Department with respect to the operation of the Program may be taken or made by the Director, or the Director's designee. Circuit sponsors shall maintain such books, accounts, and records, and shall file with the Department such financial reports, progress reports, and other reports as the Department may from time to time require. All of these books, accounts, and records shall be open to the inspection of the Department or other agencies of the State during reasonable working hours. Circuits and circuit sponsors may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, or age, except with regard to age as permitted under the federal Housing for Older Persons Act, as amended from time to time, or other similar federal laws, in any aspect of the Program, or in any aspect of employment by any circuit or circuit sponsor in connection with any project financed or assisted under the Program. Each circuit and circuit sponsor shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices, and drug and alcohol free workplaces, including: Titles VI and VII of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; The Fair Housing Amendments Act of 1988, as amended; The Americans with Disabilities Act of 1990, as amended; The Department’s Minority Business Enterprise Program, as amended; Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and Department or State regulations adopted or to be adopted to carry out the requirements of that Order; and State Government Article, Title 20, Annotated Code of Maryland, as amended. Covenants implementing these requirements, including affirmative action measures, shall be included in the grant agreement between the Department and other parties. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is consistent with the legal authorizations for the Program, if: In the written determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act; and The Secretary's determination is approved for form and legal sufficiency by the Office of the Attorney General. A person may not knowingly make or cause to be made any false statement or report in any document required to be furnished to the Department by any contract or agreement relating to the Program. Housing and Community Development Article, §§2-102 and 2-111, Annotated Code of Maryland Effective date: November 20, 1995 (22:23 Md. R. 1800) Chapter recodified from COMAR 05.07.08 to COMAR 05.13.03 effective September 6, 1999 (26:18 Md. R. 1373) Regulation .02 amended effective September 6, 1999 (26:18 Md. R. 1373) Regulation .04A amended effective August 20, 2001 (28:16 Md. R. 1481) Regulation .07 amended effective August 20, 2001 (28:16 Md. R. 1481) Regulation .10 amended effective March 16, 2015 (42:5 Md. R. 485)