montgomery county charter section 213

While staff cannot give legal advice, or take action that affects the decision in your case, staff can answer questions, help. Any legislation enacted by the Council shall be submitted to a referendum of the voters upon petition of five percent of the registered voters of the County except legislation (1) appropriating money or imposing taxes, (2) prescribing Councilmanic districts, (3) authorizing the issuance of bonds or other financial obligations for a term of less than twelve months, and (4) authorizing obligations for public school sites, construction, remodeling, or public school buildings, whenever the total amount of such obligations authorized to be issued in any one year does not exceed one-fourth of one percent of the assessable base of the County. The powers relating to zoning, planning or subdividing shall be exercised as prescribed by law. The Council shall prescribe by law for competitive procurement for purchases by or contracts with the County in excess of an amount or amounts established by law. ARTICLE 4. The Commission shall be composed of eleven members who shall be residents of the County, five of whom shall be appointed from a list of names submitted by the County Executive. In the Executive Branch there shall be an Office of the County Attorney, a Department of Finance and any departments, agencies, offices, or other bodies prescribed by this Charter, or by the Council by law. 2251 Sqft. The Chief Administrative Officer, under the direction of the County Executive and subject to merit system laws and regulations, shall be responsible for administering the County's merit system. The Charter further provides that the "County shall be divided into five Councilmanic districts for the purpose of nominating and electing five members of the Council. Produced by: Tim Lindell, Neil Mercer, Music transcribed by Linda Cantoni and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive/Canadian Libraries) MOTOR VEHICLES AND TRAFFIC - REGULATIONS, CHAPTER 31A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS, CHAPTER 41. The County Council has proposed. The original adoption of the Charter was upheld in Connor v. The County Executive shall have no legislative power except the power to make rules and regulations expressly delegated by a law enacted by the Council or by this Charter. Charter of Montgomery County, Maryland PREAMBLE We the people of Montgomery County, Maryland, a body corporate and politic, under the Constitution and general laws of the State of. 2 Bath. The County Attorney shall represent the County in all actions in which the County is a party. amend Section 213 of the Charter regarding removal of the County Attorney. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS CHAPTER 2. The Council may prescribe by law the organization of the Executive Branch of County government. Any law so enacted shall prohibit strikes or work stoppages by career fire fighters. Not later than 60 days after receiving the Executive's message of disapproval, the Council may, by the affirmative vote of six members, enact legislation over the disapproval of the County Executive. In the exercise of powers authorized by any act of the General Assembly or the Constitution of Maryland, other than the law making power vested in it by Article XI-A of the Constitution and the grant of express powers in Article 25A, Annotated Code of Maryland, 1957, the Council shall follow the procedure set forth in such law or section of the Constitution and the exercise thereof shall be effected in the manner prescribed therein. No person whose salary or expenses are paid in whole or in part from County funds shall invite, accept, offer, give or promise to give any money or any valuable thing in consideration of appointment or employment by the County. Request Tour (844) 213-4018 Send an Email. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS, MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS, TABLE 1 Previous COMCOR Number to Current COMCOR Number, TABLE 2 Executive Regulation Number to Current COMCOR Number, TABLE 3 Executive Order Number to Current COMCOR Number, County Attorney Opinions and Advice of Counsel, COUNTY ATTORNEY OPINIONS AND ADVICE OF COUNSEL. Adopted by the voters of Montgomery County at the General Election held on: November 5, 1968, and amended by them at General Elections held on November 5, 1974, November 2, 1976, November 7, 1978, Noveber 4, 1980, November 2, 1982, November 6, 1984, November 4, 1986, November 8, 1988, November 6, 1990, November 3, 1992, November 8, 1994. As soon as practicable each year, the County Attorney shall have published a compilation or a cumulative supplement to the County Code, with index, which shall include all legislation and regulations of a general or permanent nature adopted or approved by the Council or County Executive during the preceding year. Prior to January 1, the Council may make a supplemental appropriation only in order to comply with, avail the County of, or put into effect the provisions of federal, state or local legislation or regulations. The County Executive must approve or disapprove the removal within 15 days of receiving notice of the removal. Populations of the at-large districts shall be substantially equal. HEALTH AND SANITATION - REGULATIONS, CHAPTER 24A. If the Board assigns the matter to a hearing examiner, any party to the proceeding shall have, as a matter of right, an opportunity to present an oral argument on the record before the Board prior to a final decision. View photos, map, tax, nearby homes for sale, home values, school info . RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS, CHAPTER 41. The Council shall make a supplemental appropriation only after public hearing on at least one week notice. AGRICULTURAL LAND PRESERVATION - REGULATIONS, CHAPTER 3. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. This schedule is part of the Charter and the provisions contained herein are of the same force and effect as those contained in the numbered Articles of this Charter, but differ only in that their effect is of limited duration and expire in accordance with their own terms. AIR QUALITY CONTROL - REGULATIONS CHAPTER 3A. Any aggregate capital budget or aggregate operating budget that exceeds the guidelines then in effect requires the affirmative vote of seven Councilmembers for approval. This limit does not apply to revenue from (1) newly constructed property, (2) newly rezoned property, (3) property that, because of a change in state law, is assessed differently than it was assessed in the previous tax year, (4) property that has undergone a change in use, and (5) any development district tax used to fund capital improvement projects. SECTION 311B: Limitations on Expenditures, Contracts. LANDLORD-TENANT RELATIONS - REGULATIONS, CHAPTER 30. When a vacancy has occurred, a majority of the remaining members of the Council shall appoint a person to fill the vacancy within thirty days. There shall be a Charter Review Commission appointed by the County Council every four years, within six months after the Council assumes office, for the purpose of studying the Charter. The County Attorney and the staff of the office shall engage in no other law practice. The County Council must provide notice of the removal to the County Executive within 3 days. Ft. Old Barn Rd Unit PARCEL C, New Market, MD 21774. By June 30 each year, the Council shall make tax levies deemed necessary to finance the budgets. The Commission finalized the draft County Charter and voted unanimously to send it on to the County Board of Supervisors for their review. All officers and employees of the Executive or Legislative Branches who receive compensation paid in whole or in part from County funds shall devote their entire time during their official working hours to the performance of their official duties. SCHOOLS AND CAMPS - REGULATIONS, CHAPTER 44A. Request Tour. Final Council approval of the six-year programs shall occur at or about the date of budget approval. County Web Accessibility information including Alternative Format Requests for Disabled Users are provided on this page. No member of the Council shall hold any other office of profit in state, county or municipal government. The County Executive shall provide such other information relating to these programs as may be prescribed by law. No person whose compensation is paid in whole or in part by the County shall (1) act as an attorney, agent, broker, or employee for, or receive compensation or anything of value from any person, firm or corporation transacting business of any kind with, or engaging in litigation against the County, or any instrumentality thereof; (2) represent or serve any client in any manner if that client's interest is adverse to that of the County, or in conflict with the person's official duties. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. The County Executive shall prepare and provide to the Council and the public, within sixty days after the end of each fiscal year, an annual report setting forth the activities and accomplishments of the County government. Special Taxing Area Laws. These budgets shall be consistent with the six-year programs. The County Attorney can only be removed by the Executive ; but may, upon request, have a public hearing before the Council prior to . SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS, CHAPTER 49. The Commission shall, at its first meeting, select one of its members to serve as chairman. Local Laws, Ordinances, Resolutions, Etc. Highlights. 302. Summary: The Montgomery County Council currently has nine members five elected by districts and four elected at-large, representing the entire county. Stella Werner Council Office Building . Board of License CommissionersRules and Regulations, Landlord-Tenant Affairs Commission Regulations. In the event of the temporary absence or disability of the County Executive, the Chief Administrative Officer shall perform the duties of the County Executive, unless the County Executive shall designate in writing some other person in the Executive Branch. The Council shall contract with, or otherwise employ, a certified public accountant to make annually an independent post audit of all financial records and actions of the County, its officials and employees. ARTICLE 7. Also, the County may not seek federal or state permits for the burying or trenching of sewage sludge in residential zones. SCHOOLS AND CAMPS - REGULATIONS, CHAPTER 44A. The decisions of the Board in such appeals shall not be subject to review except by a court of competent jurisdiction. 213. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. No legislation shall be enacted by the Council unless it receives the affirmative vote of five members of the Council. (770) 495-5050. Title. The County Executive may be removed from office by the affirmative vote of not less than six members of the Council after a public hearing and upon a finding that the County Executive is unable by reason of physical or mental disability to perform the duties of the office. The Google Translate Tool is displayed dynamically on Montgomery County web pages using a Google javascript function. 4 Beds. The decision of the Council may be appealed by the removed Councilmember within ten days to the Circuit Court by petition. *There may be discrepancies in the code when translating to other languages. The Council, by a vote of not less than five members, shall appoint a successor to fill the vacancy within forty-five days of the vacancy. HISTORIC RESOURCES PRESERVATION - REGULATIONS, CHAPTER 24B. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. Rockville, Maryland 20850 . A member of the County Council also may be suspended and removed from office in the manner provided in Section 2 of Article XV of the Constitution of Maryland. The Montgomery County Council shall provide by law for collective bargaining with binding arbitration with an authorized representative of the Montgomery County police officers. FOREST CONSERVATION - TREES - REGULATIONS, CHAPTER 24. The reports shall contain recommendations concerning proposed Charter amendments, if any. An appointee shall serve for the unexpired term of the previous member. The County Executive shall have been a resident of Montgomery County for the year preceding the election or appointment, shall be not less than thirty years of age, shall be a qualified voter of Montgomery County and shall not hold any other office of profit in federal, state, county or municipal government. If within ninety days following presentation of the Commission's plan no other law reestablishing the boundaries of the Councilmanic districts has been enacted, then the plan, as submitted, shall become law. " Article III, section 3, paragraph 2, provides that Congress " shall have power to dispose of and make all needful laws and regulations respecting the territory of the United States." Expand About This Property Section. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. whether Section 213 would allow the County Attorney to breach attorneyclient privilege by - All County indebtedness for a term in excess of one year shall become due not later than thirty years after the date of issuance. TANNING FACILITIES - REGULATIONS, CHAPTER 53A. The Council shall by law establish the process and criteria for adopting spending affordability guidelines. The Board shall conduct on a periodic basis special studies and audits of the administration of the merit and retirement pay systems and file written reports of its findings and recommendations with the Executive and the Council. The Chief Administrative Officer shall be a professionally qualified administrator who shall serve at the pleasure of the County Executive, with compensation determined by the County Executive subject to the approval of the Council. No person who holds any elected office shall be eligible for appointment to the Commission. RENTAL ASSISTANCE - REGULATIONS, CHAPTER 42A. 218. Section 214. Co. of Md., 65 Md. Emergency legislation shall remain in force from the date it shall become law notwithstanding the filing of a petition for referendum but shall stand repealed thirty days after rejection by a majority of the registered voters voting thereon. Dec 1, 2022. Charter Commission Completes Its Work: After an intensive period of weekly meeting and 3 public meetings, the Montgomery County Charter Commission held its last meeting on Wednesday, July 11, 2012. The Council may add to, delete from, increase or decrease any appropriation item in the operating or capital budget. By November 15 of the year prior to the year in which redistricting is to be effective, the Commission shall prepare a plan of Councilmanic districts and shall present that plan, together with a report explaining it, to the Council. SECONDHAND PERSONAL PROPERTY - REGULATIONS, CHAPTER 45. The Montgomery County Council shall provide by law for collective bargaining with binding arbitration with an authorized representative of the Montgomery County career fire fighters. These documents should not be relied upon as the definitive authority for local legislation. CONSUMER PROTECTION - REGULATIONS, CHAPTER 11B. Summary of this case from Schochet v. All employees of the Executive Branch other than those specifically provided for in this Charter shall be appointed and removed and their salaries shall be fixed under the merit system by the heads of the several departments, offices and agencies of the County. The Charter is the constitutional framework for County government. HOMEOWNERS ASSOCIATIONS - REGULATIONS, CHAPTER 25. Zoning Ordinance effective 2014 (Volume 4 of the County Code, Chapter 59). Each district shall be compact in form and be composed of adjoining territory. Montgomery County Charter art. 3 Beds. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS, CHAPTER 31C. The County Executive shall provide the Council with any information concerning the Executive Branch that the Council may require for the exercise of its powers. Tonight about 10 Liz & I went out to the Walter Richardson's to meet Mr & Mrs. Ashe of Montgomery, who have recently lost a fine son in the battles of European theatre. Skip to code content (skip section selection). MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS, CHAPTER 31C. The capital improvements program shall include a statement of the objectives of capital programs and the relationship of capital programs to the County's long-range development plans; shall recommend capital projects and a construction schedule; and shall provide an estimate of costs, a statement of anticipated revenue sources, and an estimate of the impact of the program on County revenues and the operating budget. There is established a Merit System Protection Board composed of three members who are qualified voters of the County appointed by the Council. No officer or employee of the County shall be prohibited from participating in politics or political campaigns; however, no employee shall be obligated to contribute to an election campaign or to render political service. ), Skip to code content (skip section selection). 502, 512-513, 336 A.2d 97 (1975), the Court of Appeals held that the right to privacy was not offended by a financial disclosure requirement. All legislation shall be published as required by the Constitution and laws of Maryland. Upon approval of the budget, it shall be delivered within three days to the County Executive who within ten days thereafter may disapprove or reduce any item contained in it. The Montgomery County Intermediate Unit provides a vast array of effective and efficient educational services that meet the educational and social service needs of Montgomery County's 22 public school districts, more than 170 non public schools, four career & technical schools, three charter schools, and the Pennsylvania Department of Education. Any recommendations for possible Charter revisions would be . Internal Audit. SUBDIVISION OF LAND - REGULATIONS, CHAPTER 51A. A09008 Text: STATE OF NEW YORK _____ S. 8008--C A. Department of Finance. LICENSING AND REGULATIONS GENERALLY - REGULATIONS, CHAPTER 30C. App. April 29,2016 . Article 3. Each of the five other members of the Council shall, at the time of election, reside in a different one of the five Councilmanic districts of the County, and one of these five members shall be nominated and elected by the qualified voters in each Councilmanic district. [Note], Montgomery County Zoning Ordinance (2014), Chapter 59 Montgomery County Zoning Ordinance, COMCOR - Code of Montgomery County Regulations, COMCOR Code of Montgomery County Regulations, CHAPTER 1. Any law which creates a new department, principal office, or agency, or designates a position (including the head of a department, principal office, or agency) as a non-merit position, requires the affirmative vote of six Councilmembers for enactment. No expenditure of County funds shall be made or authorized in excess of the available unencumbered appropriations therefor. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS, CHAPTER 29. The County Attorney shall be the chief legal officer of the County, conduct all the law business of the County, be a legal advisor to the Council, and be the legal advisor to the County Executive, all departments, and other instrumentalities of the County Government. Montgomery County is the most populous county in the state of Maryland. Google is aware of this issue. HOUSING POLICY - REGULATIONS, CHAPTER 26. History notes show the source of subsequent amendments. At the session of the Legislature in 1782 the charter of the town was amended and the jurisdiction of the hustings court was extended one mile without and around the former limits of the town on the south side of the Rappahannock river, and made a court of record and as such was authorized to receive probate of wills and deeds and grant . Unless approved by an affirmative vote of seven Councilmembers, the Council shall not levy an ad valorem tax on real property to finance the budgets that will produce total revenue that exceeds the total revenue produced by the tax on real property in the preceding fiscal year plus a percentage of the previous year's real property tax revenues that equals any increase in the Consumer Price Index as computed under this section. The Resolution would place on the 2022 General Election Ballot Question B regarding whether to amend Section 213 of the County Charter to require both the County Council and the County Executive to remove the County Attorney. The County Executive after receiving the advice of the Chief Administrative Officer, shall appoint a single officer to head each department, principal office or agency of the Executive Branch, and an officer to fill any position in the Executive Branch designated by law as a non-merit position, all subject to the confirmation of the Council. SECTION 501: DisasterContinuity of Government During Emergencies. SECTION 311A: Limitations on Expenditures for, No expenditure of County funds shall be made or authorized for the operation of a landfill system of refuse disposal on land zoned for residential use.*. The Council shall prescribe by law a centralized system of purchasing and contracting for all goods and services used by the County. Part II. 527, 501 A.2d 464 (1985); holding Section 313A cannot be given effect under present circumstances and present state law. If any article, section or provision of this Charter shall be held unconstitutional, invalid, or inapplicable to any person or circumstance by the final decision of a court of competent jurisdiction, all other articles, sections or provisions of this Charter and their application to all other persons and circumstances shall be separable and shall not be affected by such decision. Section 213 Montg. [6] The county seat and largest municipality is Rockville, although the census-designated place of Germantown is the most populous place within the county. Floor . Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. RECREATION AND RECREATION FACILITIES - REGULATIONS, CHAPTER 41A. COMMON OWNERSHIP COMMUNITIES - REGULATIONS, CHAPTER 11. Any project mandated by law, statutory or otherwise, interstate compact, or any project required by law to serve two or more jurisdictions shall, likewise, not be subject to this requirement. 7 /10. No transfer shall be made between the operating and capital budget appropriation. The Council may provide for the selection of such other officers or employees as it may deem desirable for the exercise of its powers. Such unappropriated surplus may be used to fund any supplemental or emergency appropriations. Montgomery County shall be divided into five Councilmanic districts for the purpose of nominating and electing five members of the Council. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS, CHAPTER 31. FIRE SAFETY CODE - REGULATIONS, CHAPTER 22A. Charter Section 509 provides for an 11-member, bi-partisan Charter Review Commission (CRC) to study the Montgomery County Charter. If the Council does not act within 30 days, the County Attorney must not be removed. SECTION 216: Appointment of Other Employees of the Executive Branch. FIRE SAFETY CODE - REGULATIONS, CHAPTER 22A. In accordance with this provision, the County Attorney may issue opinions responding to inquiries from agencies and officers of the County, but cannot respond to requests for advice regarding private matters. The Council shall elect, from among its members, a president of the Council, who shall preside over meetings of the Council. Modern twist on the good old-fashioned encyclopedia, now easier to follow, with diagrams, mind maps, and timelines. Any amendment to this Charter that increases or decreases the number of members of the County Council, or alters the provisions for election of the members of the Council, shall initially apply to the members of the Council elected at the next election after the adoption of the Charter amendment. P. H. Ditchfield. However, the Google function displays a drop-down menu form field (with no label) and a Google logo image which has no alt tag. SECTION 302: Six-year Programs for Public Services, and. An appropriation containing a declaration of emergency, and stating that it is necessary to meet an unforeseen disaster or other emergency, and approved by not less than six members of the Council, shall be an emergency appropriation. The Chief Administrative Officer shall act as County Executive and perform all the duties of that office until such time as the vacancy has been filled. 301. A summary shall be submitted with the budgets containing an analysis of the fiscal implications for the County of all available budgets of any agencies for which the Council sets tax rates, makes levies, approves programs or budgets. The County Executive shall cause internal audits of all departments, offices, and agencies of the Executive Branch, and other internal audits as prescribed by law, to be performed. It is a 0.35 Acre(s) Lot, 2,297 SQFT, 4 Beds, 2 Full Bath(s) in Conroe. 303. CONTRACTS AND PROCUREMENT - REGULATIONS, CHAPTER 13. This form can be obtained the Montgomery County Personnel/Civil Service website, or through contacting our office at (518) 853-8368. Reorganization of the Executive Branch. RENTAL ASSISTANCE - REGULATIONS, CHAPTER 42A. Any law so enacted shall prohibit strikes or work stoppages by police officers. Presented by the City of Williamsport, the Festival of Lights features the park lighting ceremony . TRANSIENT LODGING FACILITIES - REGULATIONS, CHAPTER 56. A vacancy in the office of the County Executive shall exist upon the death, resignation, disqualification, or removal of the County Executive. Any emergency appropriation shall specify the revenues necessary to finance it. Any law which repeals the designation of a position (including the head of a department, principal office, or agency) as a non-merit position requires the affirmative vote of five Councilmembers for enactment. STREETS AND ROADS - REGULATIONS, CHAPTER 50. The first and third Tuesdays of each month and such additional days as the Council may determine are designated as days for the enactment of legislation, but in no event shall the Council sit for more than forty-five days in each year for the purpose of enacting legislation. *See East v Gilchrist, 296 Md. This Charter and all amendments thereto shall constitute the form of government for the County of Montgomery and shall be known and cited as the "Montgomery County Charter." 1.02. Not more than six members shall be of the same political party. You can view the Order Form here. During the period of time before removal is confirmed, the County Attorney must be put on paid leave. The County Executive shall appoint a County Attorney, subject to confirmation by the Council. HOUSING POLICY - REGULATIONS, CHAPTER 26. American Legal Publishing Corporation provides these documents for informational purposes only. Nothing herein contained shall be construed to authorize or empower the County Council to enact laws or regulations for any incorporated town, village or municipality in said County on any matter covered by the powers granted to said town, village or municipality by the act incorporating it or any subsequent act or acts amendatory thereto. Any vote cast by a member on any legislation shall be recorded in the journal of the Council. The six-year programs shall require a vote of at least five Councilmembers for approval or modification. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS, CHAPTER 49. Charter of Montgomery County, Maryland. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS, CHAPTER 15. CONTRACTS AND PROCUREMENT - REGULATIONS, CHAPTER 13. Montgomery County Charter, 213 (emphasis added). Appellate Briefs We frequently file Appellate briefs in the state and federal appellate courts. Although the legacy and work of John Michell is frequently associated with a culturally liberal neo-tribalism, certain aspects of Michell's thought can be, and have been, interpreted as an esoteric extension of more explicitly right-wing political positions, ones which are currently convergent with the political subcultures surrounding the European New Right both in Europe and also among . The Charter was adopted by the voters on Nov. 6, 1956. Annual holiday celebrations are getting underway in Williamsport, with t he Festival of Lights in Brandon Park planned for Friday, Dec. 2 and Newberry's Christmas Tree Lighting with Santa Claus set for Wednesday, Dec. 7. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS, MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS, TABLE 1 Previous COMCOR Number to Current COMCOR Number, TABLE 2 Executive Regulation Number to Current COMCOR Number, TABLE 3 Executive Order Number to Current COMCOR Number, County Attorney Opinions and Advice of Counsel, COUNTY ATTORNEY OPINIONS AND ADVICE OF COUNSEL. The Council may adopt reasonable regulations for such inspection. Montgomery County Council . *There may be discrepancies in the code when translating to other languages. NEW CONSTRUCTION. Resumes may be attached, but they do not take the place of the completed application. Disparity Study Final Report (June 11, 2014). PROPER COMPLETION OF APPLICATION: Applications must have the front and back completed. For the purposes of this section, the aggregate operating budget does not include (1) the operating budget for any enterprise fund; (2) the operating budget for the Washington Suburban Sanitary Commission; (3) expenditures equal to tuition and tuition-related charges estimated to be received by Montgomery College; and (4) any grant which can only be spent for a specific purpose and which cannot be spent until receipt of the entire amount of revenue is assured from a source other than County government. The County Attorney may, with the approval of the Council, temporarily employ special legal counsel to work on problems of an extraordinary nature when the work to be done is of such character or magnitude as to require services in addition to those regularly provided by the County Attorney. No member of the Council and no officer or employee of the County whose salary is fixed, in whole or in part, by this Charter, the laws of the County, or its personnel regulations, shall be entitled, directly or indirectly, to any other salary, expenses, or compensation from the County for performance of public duties except expenses for travel and subsistence incident to the performance of official duties as prescribed by law. The County Attorney and the staff represent only the County and engage in no other law practice. The Department of Finance shall be the custodian of all County funds, securities and insurance policies; collect taxes, special assessments, license fees and other revenue; manage indebtedness, invest and disburse County funds; prepare an Annual Financial Report containing a detailed account of all monies received and paid out by the County and perform such other functions as shall be prescribed by law. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS, CHAPTER 27. ADMINISTRATION - REGULATIONS CHAPTER 2B. Montgomery County shall be divided into five Council districts for the purpose of nominating and electing five members of the . Montgomery County Charter, 213 (emphasis added). SECTION 207: Temporary Absence or Disability. The public services program shall include a statement of program objectives and recommend levels of public service by the County government, and shall provide an estimate of costs, a statement of revenue sources, and an estimate of the impact of the program on County revenues and the capital budget. The fiscal program shall show projections of revenues and expenditures for all functions, recommend revenue and expenditure policies for the program period and analyze the impact of tax and expenditure patterns on public programs and the economy of the County. Part II. Briefs filed in cases of general interest will be posted on this site -- all Court of Appeals briefs, amicus curiae briefs, and other significant issues. The Charter requires . Section 3.01 Number and Term. Except for commissions appointed to advise the Council, the County Executive shall appoint, subject to the confirmation of the Council, all members of boards and commissions unless otherwise prescribed by state law or this Charter. If at any time the Council shall have failed to appropriate and to make available sufficient funds to provide for the timely payment of the interest and principal then due upon all County indebtedness, it shall be the duty of the Director of Finance to pay, or to make available for payment, to the holders of such indebtedness from the first revenues thereafter received applicable to the general funds of the County, a sum equal to such interest and principal. Section 215. . This Charter may be amended in the manner provided in Section 5 of Article XI-A of the Constitution of Maryland. The Council shall prescribe by law the compensation for its members. Dear . The complete report of the audit shall be presented to the Council and copies of it shall be made available to the public. Release Date: December 7, 2022 [eBook #69492] Language: English. The County Executive shall be elected by the qualified voters of the entire County at the same time as the Council and shall serve for a term of office commencing at noon on the first Monday of December next following the election, and ending at noon on the first Monday of December in the fourth year thereafter, or until a successor shall have qualified. Except for the correction of obviously misspelled words, the Charter is published as found in the 2003 Baltimore County Code, as amended. Each district shall be compact in form and be composed of adjoining territory. The Council shall prescribe by law a merit system for all officers and employees of the County government except members of the Council, the County Executive, the Chief Administrative Officer, the County Attorney, the heads of the departments, principal offices and agencies, as defined by law, any officer holding any other position designated by law as a non-merit position, one confidential aide for each member of the Council, two senior professional staff members for the Council as a whole as the Council may designate from time to time, three special assistants to the office of the County Executive as the Executive may designate from time to time, special legal counsel employed pursuant to this Charter, and members of boards and commissions and other officers authorized by law to be appointed to serve in a quasi-judicial capacity. The Council shall not change the compensation of any County Executive during the term of office to which elected. SECTION 1: Existing Officers and Employees. GENERAL PROVISIONS - REGULATIONS, CHAPTER 1A. The Montgomery County Charter designates the County Attorney as the chief legal officer of the County. Effective April 2014, the Office of the County Attorney will no longer handle the sale of the County Code, Zoning Ordinance, and COMCOR. The Council shall enact legislation only after public hearing upon reasonable notice. Co. Charter. TENANT DISPLACEMENT - REGULATIONS, CHAPTER 54. The Council may temporarily employ or retain special legal counsel to assist it in the exercise of its powers. SECTION 217: Reorganization of the Executive Branch. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS, CHAPTER 2B. The centralized purchasing system shall be administered under the professional supervision of the Chief Administrative Officer subject to the direction of the County Executive. FOREST CONSERVATION - TREES - REGULATIONS, CHAPTER 24. The contractor, American Legal Publishing, will provide this service. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS, CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS, CHAPTER 22. Upon the filing of a petition, the Court may stay the removal pending its decision. The County Attorney may, with the approval of the Council, temporarily employ special legal counsel to work on problems of an extraordinary nature when the work to be done is of such character or magnitude as to require services in addition to those regularly provided by the County Attorney. 213 Torch Dr, Acworth, GA 30102. SECTION 112: Effective Date of Legislation. The County may incur debt. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS, CHAPTER 31. STREETS AND ROADS - REGULATIONS, CHAPTER 50. (Election of 11-2-82; election of 11-6-84; election of 11-8-22. SECTION 313A: Purchasing, Contracting for, The County government may not purchase and contract for goods and services with the C&P Telephone Company (C&P) unless C&P includes telephone subscribers in Gaithersburg, Maryland, and Montgomery Village in the Washington Metropolitan Area Telephone Exchange (MET) at local rates no higher than local rates charged MET subscribers in Bethesda, Silver Spring, Kensington and Rockville telephone exchange areas.*. HOUSING, MODERATELY PRICED - REGULATIONS, CHAPTER 25B. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS, CHAPTER 19. The Charter requires that the CRC submit its next report to the Council in May 2018. The function is used to translate County web pages into different languages. Appointments. Executive and the Council, it is important for the County Attorney to be able to give legal . Amendment to Capital Budget after Adoption of the Budget. Adoption of Land Use Article of the Annotated Code of Maryland. The capital improvements program shall, to the extent authorized by law, include all capital projects and programs of all agencies for which the County sets tax rates or approves budgets or programs. Legal publisher offering ordinance codification services for local governments, specializing in providing codes of ordinances in print and on the Internet Skip to main content Search Login Login English Select Language *There may be discrepancies in the code when translating to other languages. If approved, the Resolution would place on the 2022 General Election Ballot Question B. No change in the compensation of members of the Council shall become effective during the term of office of the Council enacting the change. You may view the Montgomery County Charter, Montgomery County Code, Zoning Ordinance and COMCOR at the. The decision of the Council may be appealed by the County Executive within ten days to the Circuit Court by petition. Six-Year Programs for Public Services, Capital Improvements, and Fiscal Policy. Officers and employees who are members of a unit for which a collective bargaining contract exists may be excluded from provisions of the merit system only to the extent that such provisions are subject to collective bargaining pursuant to legislation enacted under Section 510 or Section 511 of this Charter. The Office of the County Attorney conducts all the legal business of the County, serves as legal advisor to the Council, the County Executive, all departments, and other instrumentalities of the County Government. SECTION 206: Removal of the County Executive. 220 Tupelo Lane Conroe TX 77304 was recently sold. The selected lawyer will be tasked with providing legal advice to the PAB and ACC regarding their legislative duties. To view a brief that does not have a link, just e-mail our Appeals Unit. Any estimates, reports, or justifications on which they are based shall be open to public inspection subject to reasonable regulations. (240) 309-6000. Sec. CABLE COMMUNICATIONS - REGULATIONS, CHAPTER 10B. The fiscal year of the County shall commence on July 1 of each year and end on June 30 in the following year, unless otherwise prescribed by state law. See condos this school serves. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS, CHAPTER 60. Any member appointed to fill a vacancy shall meet the same qualifications and residence requirements as the previous member. The Council shall prescribe by law standards and procedures for the implementation of this Section and for justified waivers from the provisions of this Section when such waivers are deemed to be in the best interest of the County after full public disclosure of all pertinent facts. No member shall hold political office or participate in any campaign for any political or public office during the member's term of office. Appointment of Other Employees of the Executive Branch. The merit system shall provide the means to recruit, select, develop, and maintain an effective, non-partisan, and responsive work force with personnel actions based on demonstrated merit and fitness. DESCRIPTION/ISSUE . Section 213. County Code The County Code, hosted by American Legal Publishing, includes the following: County Charter Local Laws and Ordinances As of the 2020 census, the county's population was 1,062,061, increasing by 9.3% from 2010. HISTORIC RESOURCES PRESERVATION - REGULATIONS, CHAPTER 24B. AGRICULTURAL LAND PRESERVATION - REGULATIONS CHAPTER 3. SECTION 2: Heads of Principal Offices or Agencies. A vacancy shall occur when any member of the Council shall, prior to the expiration of the term for which elected, die, resign the office or become disqualified for membership on the Council or be removed from office. Special Taxing Area Laws. In such capacity, the County Executive shall be the elected executive officer mentioned in Article XI-A, Section 3, of the Constitution of Maryland. SECONDHAND PERSONAL PROPERTY - REGULATIONS, CHAPTER 45. The County Executive shall not, during the term of office, be eligible for appointment to any other County office or position carrying compensation. American Legal Publishing Corporation provides these documents for informational purposes only. CONSUMER PROTECTION - REGULATIONS, CHAPTER 11B. 217. If a person having held the vacant position was a member of a political party at the time of election, the person appointed by the County Executive shall be the nominee of the County Central Committee of that party. SECTION 407: Prohibition Against Additional Compensation. Any member appointed to fill a vacancy occurring prior to the expiration of a term shall be appointed only for the remainder of that term. The Council shall provide by law for the investigation and resolution of formal grievances filed under the merit system and any additional duties or responsibilities of the Board. The Montgomery County Code, Zoning Ordinance, and Code of Montgomery County Regulations (COMCOR), as well as published County Attorney Opinions, are available on the web site of American Legal Publishing. The contractor, American Legal Publishing, will providethis service. County Web Accessibility information including Alternative Format Requests for Disabled Users are provided on this page. 103. American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. The County may accumulate earned surplus in any enterprise fund or unappropriated surplus in any other fund except that, with respect to the General Fund, such accumulation shall not exceed five percent of the General Fund revenue for the preceding fiscal year. The grouping of sections in this schedule under the titles of the various Articles of the Charter is intended for convenience only and not as a limitation on the applicability of the sections. The Council shall be composed of nine members, each of whom shall be a qualified voter of Montgomery County. February 28, 1797, the Georgia-Mississippi Company, one of the original grantees from the State of Georgia of nearly 3,500,000 acres, conveyed its grant to William Hull and two others as Trustees for the New England Mississippi Land Co., and Hull continued as one of such Trustees until some time in 1803 or 1804. One member shall be appointed each year for a term of three years. Section 213 Montg. Department of Finance. The Council may make a supplemental appropriation for any purpose on or after January 1 of any fiscal year. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. GENERAL PROVISIONS - REGULATIONS CHAPTER 1A. compensation created by or under this Charter, except to County Executive in the event of a vacancy. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS, CHAPTER 27A. The Commission shall report at least once to the Council on the Commission's activities within one year after appointment of the Commission. The County Executive shall appoint a County Attorney, subject to confirmation by the Council. Four Councilmembers shall be nominated and elected by the qualified voters of the entire County. Single copies of the County Charter are available for free by sending a self addressed, stamped, legal envelope to the Office of Public Information, 101 Monroe Street, 4th Floor, Rockville, MD 20850. Upon the enactment of any legislation by the Council, it shall be delivered within three days to the County Executive who within ten days thereafter shall approve or disapprove it. $958,000. Montgomery County Charter Review Commission Listening Session Will be Held Virtually on Feb. 9 at 6 p.m. . AGRICULTURAL LAND PRESERVATION - REGULATIONS, CHAPTER 3. NEW HOME WARRANTY AND BUILDER LICENSING - REGULATIONS, CHAPTER 33. Charter Amendments. Whether to amend Section 206 of the Charter regarding the removal of a County Executive for the additional reasons of serious misconduct in office or willful neglect of duty, provided that the willful neglect of duty must be demonstrated . MERIT SYSTEM AND CONFLICTS OF INTEREST. RECREATION AND RECREATION FACILITIES - REGULATIONS, CHAPTER 41A. It would also allow the Council to remove the County. County Attorney. [7] SECTION 305: Approval of the Budget; Tax Levies. County Attorney. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS, CHAPTER 2B. All legislative powers which may be exercised by Montgomery County under the Constitution and laws of Maryland, including all law making powers heretofore exercised by the General Assembly of Maryland but transferred to the people of the County by virtue of the adoption of this Charter, and the legislative powers vested in the County Commissioners as a District Council for the Montgomery County Suburban District, shall be vested in the County Council. The Council may, not later than June 30 of that year, reapprove any item over the disapproval or reduction of the County Executive by the affirmative vote of six members, except that the affirmative vote of five members shall be required in the case of the budgets of the Council, the Fire and Rescue Commission, the Fire Departments and Rescue Squads, the Housing Opportunities Commission and Montgomery College. As prescribed in the Charter of Montgomery County, Maryland, Section 305, an aggregate operating budget which exceeds the aggregate operating budget for the preceding fiscal year by a percentage increase greater than that of the Consumer Price Index for all urban consumers of the Washington metropolitan area for the 12 months preceding December . SECTION 303: Capital and Operating Budgets. Neither the Council, nor any member thereof, shall appoint, dismiss, or give directions to any individual employee of the Executive Branch of the County government. Finance. The Board shall establish procedures consistent with law for the conduct of its hearings. The County Attorney and the staff of the office shall engage in no other law practice. The Council shall approve each budget, as amended, and appropriate the funds therefor not later than June 1 of the year in which it is submitted. The executive power vested in Montgomery County by the Constitution and laws of Maryland and by this Charter shall be vested in a County Executive who shall be the chief executive officer of Montgomery County and who shall faithfully execute the laws. The powers mentioned in the preceding section shall be exercised only by the County Council of Anne Arundel County, the County Executive and other agents, officers and employees of the County acting under their respective authorities or under such other authority as may be provided by this Charter or the laws of this State. Within thirty days after receiving the plan of the Commission, the Council shall hold a public hearing on the plan. The County Executive shall appoint a Chief Administrative Officer subject to confirmation by the Council. Hosted by: American Legal Publishing Corporation. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. SECTION 209: Information on Executive Branch. Any supplemental appropriation shall be recommended by the County Executive who shall specify the source of funds to finance it. If the County Executive does not act within 15 days, the County Attorney must not be removed. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS, CHAPTER 29. In Montgomery County v. Walsh, 274 Md. If Section 213 is amended, the Charter would require the Council to consent to the Executive's removal of the County Attorney. NEW HOME WARRANTY AND BUILDER LICENSING - REGULATIONS, CHAPTER 33. Hearing examiners authorized by law to conduct hearings and render written reports and recommendations may preside over matters referred to them at the request of executive branch agencies, the Merit System Protection Board, and the County Board of Appeals under procedures provided by law, in addition to any matters assigned to them by the Council in the exercise of its powers as provided by law. Members of the Council shall hold office for a term beginning at noon on the first Monday of December next following the regular election for the Council and ending at noon on the first Monday of December in the fourth year thereafter. An aggregate operating budget which exceeds the aggregate operating budget for the preceding fiscal year by a percentage increase greater than that of the Consumer Price Index for all urban consumers for the Washington metropolitan area for the twelve months preceding December first of each year requires the affirmative vote of six Councilmembers. Appointment shall be made so that not more than two members of the Board shall be members of the same political party. ARTICLE 1: MONTGOMERY COUNTY AND ITS GOVERNMENT 1.01. Each district shall be compact in form and be composed of adjoining territory. Any person shall have the right to inspect any document, except confidential police records, personnel records, or records of a confidential private nature as defined by law. PDF documents are not translated. The taking effect of this Charter, or any provision thereof, shall not of itself affect the tenure, term, status, or compensation of any appointed officer or employee of the County then holding office, except as provided in this Charter. Legislation passed in the 2021 session of the General Assembly, contingent on the approval of this constitutional amendment by the voters, would provide that a party may not demand a jury trial in. MONTGOMERY COUNTY Charter Of Conflict Between Charter Budgetary Procedure And Public General Law Concerning School Budgets Must Be Resolved In Favor Of Latter County Council's Resolution, Establishing School Budget Procedure, Upheld.The County Council of Montgomery County passed a resolution providing, in effect, that the school budget be submitted directly to it as provided by . The County Executive must provide notice of the removal to the County Council within 3 days. Upon the filing of a petition, the Court may stay the removal pending its decision. Any head of a principal office or agency of the Executive Branch appointed prior to December 2, 1976, shall retain merit system status, provided that, the County Executive may transfer such person from such position to another position in the merit system with comparable salary and benefits exclusive of any provision of County Personnel Regulations or Section 404. COMMON OWNERSHIP COMMUNITIES - REGULATIONS, CHAPTER 11. Commission reports shall be submitted not later than May 1 of every even-numbered year. PDF documents are not translated. The County Executive shall submit to the Council, not later than March 15 of each year, comprehensive six-year programs for public services and fiscal policy. We frequently file Appellate briefs in the state and federal appellate courts. TRANSIENT LODGING FACILITIES - REGULATIONS, CHAPTER 56. LANDLORD-TENANT RELATIONS - REGULATIONS, CHAPTER 30. For Immediate Release: Friday, October 22, 2021 Rockville, Maryland, Friday, Oct. 22, 2021 The Montgomery Charter Review Commission will hold five listening sessions with the public between Nov. 3, 2021 and Feb. 9, 2022 to receive input as to three potential Charter amendments. HOUSING, MODERATELY PRICED - REGULATIONS, CHAPTER 25B. Emergency legislation shall take effect on the date on which it shall become law. Do not vouch for the exercise of its members, a president montgomery county charter section 213 the application! As chairman of nine members five elected by districts and four elected at-large, representing the County!: the Montgomery County Council within 3 days be of the Constitution of Maryland and TOWING REGISTRATION REGULATIONS... Protection Board composed of adjoining territory a Code of Ordinances should be consulted prior to any action being taken S.! Item in the manner provided in section 5 of Article XI-A of the removal to Commission! 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