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. The Montgomery County Charter designates the County Attorney as the chief legal officer of the County. The procedure for disapproval or reduction of a supplemental appropriation by the County Executive shall be the same as in the case of the budget. Managed by Virtual Properties Realty Lucy Liu. Charter Amendments. Fiscal Year. *There may be discrepancies in the code when translating to other languages. Charter Section 509 provides for an 11-member, bi-partisan Charter Review Commission (CRC) to study the Montgomery County Charter. Part II. Department of Finance. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS, CHAPTER 31C. $958,000. Please note that the English language version is the official version of the code. Please note that the English language version is the official version of the code. The Council shall prescribe by law a code of ethics and provide for the enforcement and penalties for violations thereof covering all elected and appointed officers and employees of the County paid in whole or in part from County funds and including persons appointed to serve on boards or commissions established by law. 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 expenditure of County funds shall be made or authorized for the construction or operation of a system for burying or trenching sewage sludge on land zoned for residential use, nor may the County purchase or contract for the service of burying or trenching sewage sludge on land zoned for residential use. If Section 213 is amended, the Charter would require the Council to consent to the Executive's removal of the County Attorney. 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. These budgets shall be consistent with the six-year programs. (240) 309-6000. During the period of time before removal is confirmed, the County Attorney must be put on paid leave. SECTION 206: Removal of the County Executive. 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. 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. The County Executive shall submit to the Council, not later than January 15 of each year, a comprehensive six-year program for capital improvements. If the County Executive disapproves or reduces any item in the budget, it shall be returned to the Council with the reasons for the disapproval or reduction in writing. The County Executive shall not, during the term of office, be eligible for appointment to any other County office or position carrying compensation. LICENSING AND REGULATIONS GENERALLY - REGULATIONS, CHAPTER 30C. AIR QUALITY CONTROL - REGULATIONS, CHAPTER 8A. 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. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS, CHAPTER 41. 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. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS, CHAPTER 27. Applicability of County Laws to Municipalities. Additional detail on the potential amendments is provided below. TRANSIENT LODGING FACILITIES - REGULATIONS, CHAPTER 56. MOTOR VEHICLES AND TRAFFIC - REGULATIONS, CHAPTER 31A. As of the 2020 census, the county's population was 1,062,061, increasing by 9.3% from 2010. SECTION 1: Existing Officers and Employees. The County Executive shall devote full time to the duties of the office and shall not participate in any private occupation for compensation. The boundaries of Councilmanic districts shall be reestablished in 1972 and every tenth year thereafter. 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 . CONTRACTS AND PROCUREMENT - REGULATIONS, CHAPTER 13. 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. Unless the Council shall provide for more frequent publication by law, each ten years there shall be compiled under the direction of the County Attorney an annotated code of all public local laws, County legislation, and regulations then having the force and effect of law, and this Charter. The County Attorney and the staff of the office shall engage in no other law practice. The Montgomery County Council may provide by law for collective bargaining, with arbitration or other impasse resolution procedures, with authorized representatives of officers and employees of the County government not covered by either Section 510 or Section 510A of this Charter. Effective April 2014, the Office of the County Attorney will no longer handle the sale of the County Code, Zoning Ordinance, and COMCOR. 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. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS, CHAPTER 29. AGRICULTURAL LAND PRESERVATION - REGULATIONS, CHAPTER 3. Each district shall be compact in form and be composed of adjoining territory. 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 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.*. Upon the filing of a petition, the Court may stay the removal pending its decision. If the Council does not act within 30 days, the County Attorney must not be removed. Sec. Montgomery County shall be divided into five Councilmanic districts for the purpose of nominating and electing five members of the Council. 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. No change in the compensation of members of the Council shall become effective during the term of office of the Council enacting the change. 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. 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. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS, CHAPTER 60. 217. The decision of the Council may be appealed by the removed Councilmember within ten days to the Circuit Court by petition. An appointee to fill a vacancy, when succeeding a party member, shall be a member of the same political party as the person elected to such office at the time of election. All capital improvement projects which are estimated to cost in excess of an amount to be established by law or which the County Council determines to possess unusual characteristics or to be of sufficient public importance shall be individually authorized by law; provided however, that any project declared by the County Council to be of an emergency nature necessary for the protection of the public health or safety shall not be subject to this requirement if the project is approved by the affirmative vote of six Councilmembers. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS, CHAPTER 2B. *See Rowe v C&P Tel. 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. Reorganization of the Executive Branch. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. TENANT DISPLACEMENT - REGULATIONS, CHAPTER 54. Here are some of the most popular amenities. American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. AGRICULTURAL LAND PRESERVATION - REGULATIONS CHAPTER 3. The Council shall elect, from among its members, a president of the Council, who shall preside over meetings of the Council. The Council may prescribe by law the organization of the Executive Branch of County government. " 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." Section 3.01 Number and Term. Transfers between departments, boards or commissions, or to any new account, shall be made only by the County Council upon the recommendation of the County Executive. The centralized purchasing system shall be administered under the professional supervision of the Chief Administrative Officer subject to the direction of the County Executive. In addition, the Montgomery County Code, Zoning Ordinance, and COMCOR are available atthe Rockville Memorial Library in hard copy. LANDLORD-TENANT RELATIONS - REGULATIONS, CHAPTER 30. amend Section 213 of the Charter regarding removal of the County Attorney. Hosted by: American Legal Publishing Corporation. Request Tour. April 29,2016 . It would also allow the Council to remove the County. compensation created by or under this Charter, except to County Executive in the event of a vacancy. The code of ethics shall include a provision for the disclosure of the interest of any person in any matter before the County government and establish the conditions under which that person is disqualified from participating in decisions or other actions in which there is a conflict between the person's official duties and private interests. SECTION 501: DisasterContinuity of Government During Emergencies. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. 9008--C SENATE - ASSEMBLY January 19, 2022 _____ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said . The County Executive shall appoint a Chief Administrative Officer subject to confirmation by the Council. HOMEOWNERS ASSOCIATIONS - REGULATIONS, CHAPTER 25. 301. All members shall be elected from the City at large. There is established a Merit System Protection Board composed of three members who are qualified voters of the County appointed by the Council. The Council may sit in nonlegislative sessions at such other times as it may determine. Rockville, Maryland 20850 . 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. Under current law, only the County Executive may remove the County Attorney. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS, CHAPTER 31. Sec. Appointment shall be made so that not more than two members of the Board shall be members of the same political party. 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. Any vote cast by a member on any legislation shall be recorded in the journal of the Council. 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. You may also view the table that indicates which chapters of the County Code apply to the various municipalities within Montgomery County. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS, CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS, CHAPTER 22. 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 complete report of the audit shall be presented to the Council and copies of it shall be made available to the public. Montgomery County Charter Review Commission Listening Session Will be Held Virtually on Feb. 9 at 6 p.m. . SECTION 404: Duties of the Merit System Protection Board. The Council shall be composed of nine members, each of whom shall be a qualified voter of Montgomery County. All fiscal documents required by this Charter shall be public record, and copies shall be made available to the public. STREETS AND ROADS - REGULATIONS, CHAPTER 50. An appointee to fill a vacancy, when succeeding a party member, shall be a member of the same political party as the person elected to such office at the time of election. App. The County Attorney and the staff represent only the County and engage in no other law practice. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. Such unappropriated surplus may be used to fund any supplemental or emergency appropriations. HOUSING, MODERATELY PRICED - REGULATIONS, CHAPTER 25B. The County Attorney shall serve at the pleasure of the County Executive and the Council. Part III. History notes show the source of subsequent amendments. The County Attorney shall represent the County in all actions in which the County is a party. SECTION 303: Capital and Operating Budgets. HEALTH AND SANITATION - REGULATIONS, CHAPTER 24A. The Commission shall, at its first meeting, select one of its members to serve as chairman. 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. 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. 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. Any member appointed to fill a vacancy shall meet the same qualifications and residence requirements as the previous member. In 2013, Matthew L. Ossenfort was elected at-large as the first County Executive in the county's history. 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 County Executive may also be suspended and removed from office in the manner provided in Section 2 of Article XV of the Constitution of Maryland. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS, CHAPTER 25A. This amended Charter shall become effective from and after the thirtieth day after its adoption. 213. Within thirty days after receiving the plan of the Commission, the Council shall hold a public hearing on the plan. 216. Montgomery County Charter, 213 (emphasis added). The County Attorney shall serve at the pleasure of the County Executive but, upon request, shall be entitled to a public hearing before the Council prior to dismissal from office. FOREST CONSERVATION - TREES - REGULATIONS, CHAPTER 24. 527, 501 A.2d 464 (1985); holding Section 313A cannot be given effect under present circumstances and present state law. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS, CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS, CHAPTER 22. 215. 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. Any estimates, reports, or justifications on which they are based shall be open to public inspection subject to reasonable regulations. This terrible war is costing so many precious lives. The County Executive may at any time transfer an unencumbered appropriation balance within a division or between divisions of the same department. 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. Commission reports shall be submitted not later than May 1 of every even-numbered year. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS, CHAPTER 44. A certified copy of any such document shall be furnished upon payment of a reasonable fee established by such regulations. 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. TENANT DISPLACEMENT - REGULATIONS, CHAPTER 54. TANNING FACILITIES - REGULATIONS, CHAPTER 53A. 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. SECTION 311B: Limitations on Expenditures, Contracts. RECREATION AND RECREATION FACILITIES - REGULATIONS, CHAPTER 41A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS, CHAPTER 29. Consistent with law and the provisions of this Charter, the Council shall, by resolution, prescribe its rules of procedure and provide for the publication of its proceedings. SECONDHAND PERSONAL PROPERTY - REGULATIONS, CHAPTER 45. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS, CHAPTER 15. The Council shall enact legislation only after public hearing upon reasonable notice. SECTION 305: Approval of the Budget; Tax Levies. Special Taxing Area Laws. 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. These documents should not be relied upon as the definitive authority for local legislation. HOUSING POLICY - REGULATIONS, CHAPTER 26. A summary of emergency legislation shall be published promptly after enactment. We the people of Montgomery County, Maryland, a body corporate and politic, under the Constitution and general laws of the State of Maryland, do adopt this Charter as our instrument of government. Any aggregate capital budget or aggregate operating budget that exceeds the guidelines then in effect requires the affirmative vote of seven Councilmembers for approval. AIR QUALITY CONTROL - REGULATIONS CHAPTER 3A. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS, CHAPTER 19. MERIT SYSTEM AND CONFLICTS OF INTEREST. The County Council shall prescribe by law the methods and procedures for implementation of this provision. The County Executive shall be responsible for adopting personnel regulations for the administration and implementation of the merit system law. Ft. Old Barn Rd Unit PARCEL C, New Market, MD 21774. Populations of the at-large districts shall be substantially equal. 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. A short description of additional briefs that the office has filed also will appear here. 514 . The County Council has proposed. Section 213 Montg. In order to insure continuity of government during an emergency caused by a disaster or enemy attack, the Council shall prescribe by law for the temporary suspension of specific provisions of this Charter and for temporary succession to the powers and duties of public offices whether filled by election or appointment. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. In such capacity, the County Executive shall be the elected executive officer mentioned in Article XI-A, Section 3, of the Constitution of Maryland. 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. We frequently file Appellate briefs in the state and federal appellate courts. Modern twist on the good old-fashioned encyclopedia, now easier to follow, with diagrams, mind maps, and timelines. Not more than six members shall be of the same political party. ARTICLE 4. SECTION 2: Heads of Principal Offices or Agencies. Any recommendations for possible Charter revisions would be . 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. The legislative powers of the City except as otherwise provided by this Charter and by the Constitution of the State of Ohio shall be vested in a Council of seven members. The County Council must provide notice of the removal to the County Executive within 3 days. A vacancy in the office of the County Executive shall exist upon the death, resignation, disqualification, or removal of the County Executive. Effective April 2014, the Office of the County Attorney will no longer handle the sale of the County Code, Zoning Ordinance, and COMCOR. 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. PROPER COMPLETION OF APPLICATION: Applications must have the front and back completed. If you have a concern about the Courts that does not fit one of the other categories on this page, you may contact Pamela Cardullo Ortiz, Administrative Office of the Courts, at 410-260-1258. (Election of 11-2-82; election of 11-6-84; election of 11-8-22. Each district shall be compact in form and be composed of adjoining territory. You may view the Montgomery County Charter, Montgomery County Code, Zoning Ordinance and COMCOR at the. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS, CHAPTER 15. The County Attorney shall represent the County in all actions in which the County is a party. Appointments. No expenditure of County funds shall be made or authorized in excess of the available unencumbered appropriations therefor. The members of Council shall be elected for overlapping terms of four years. Among the purposes of this Charter are: to secure the maximum self-government for the Title: Memorials of old Cheshire. 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. (770) 495-5050. 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. The Council also shall prescribe by law penalties for violation of this Section. If the County Executive removes the County Attorney, the Council must approve or disapprove the removal by an affirmative vote of six Councilmembers within 30 days of receiving notice of the removal. The total cumulative transfers from any one appropriation shall not exceed ten percent of the original appropriation. Adoption of Land Use Article of the Annotated Code of Maryland. No transfer shall be made between the operating and capital budget appropriation. *See East v Gilchrist, 296 Md. GENERAL PROVISIONS - REGULATIONS, CHAPTER 1A. 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. [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. Stella Werner Council Office Building . A09008 Text: STATE OF NEW YORK _____ S. 8008--C A. They can be accessed from any computer connected to the Internet and at all Montgomery County libraries via public Internet computers. The Council may temporarily employ or retain special legal counsel to assist it in the exercise of its powers. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS, CHAPTER 19. FOREST CONSERVATION - TREES - REGULATIONS, CHAPTER 24. PDF documents are not translated. 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. Part II. 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