EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0778*
HOUSE BILL 778
L5 EMERGENCY BILL 3lr0547
By: Montgomery County Delegation and Prince George’s County Delegation
Introduced and read first time: February 8, 2023
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Montgomery County – Maryland–National Capital Park and Planning 2
Commission – Commissioner Requirements and Open Meetings 3
(Montgomery County Planning Trust and Tr ansparency Act of 2023) 4
MC/PG 105–23 5
FOR the purpose of altering the appointment process, salary authorization process, and 6
terms for commissioners appointed to the Maryland–National Capital Park and 7
Planning Commission from Montgomery County; requiring the County Executive of 8
Montgomery County to appoint one member of the Commission who shall serve as 9
the chair or vice chair of the Commission and chair of the Montgomery County 10
Planning Board; requiring certain public hearings and acceptance of public 11
testimony on each appointment to the Commission from Montgomery County; 12
prohibiting the chair of the Board from engaging in certain employment; authorizing 13
and establishing procedures for the Montgomery County Executive or Montgomery 14
County Council to discipline a commissioner from Montgomery County under certain 15
circumstances; prohibiting a commissioner from Montgomery County from engaging 16
in certain political activities while the commissioner serves on the Commission; 17
prohibiting a former commissioner from Montgomery County from working for 18
certain compensation for a certain period of time after the commissioner leaves office; 19
requiring a commissioner from Montgomery County to complete certain training at 20
certain times; requiring the Board to publish agendas of open meetings along with 21
certain other materials on its website at certain times; requiring the Board to 22
approve meeting minutes in a certain manner under certain circumstances; and 23
generally relating to requirements for the members of the Maryland–National 24
Capital Park and Planning Commission from Montgomery County and meetings of 25
the Montgomery County Planning Board. 26
BY repealing and reenacting, without amendments, 27
Article – Land Use 28
Section 15–101 29 2 HOUSE BILL 778
Annotated Code of Maryland 1
(2012 Volume and 2022 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – Land Use 4
Section 15–102, 15–103(a), 15–105, 15–106, 15–108, 15–120(b), and 20–202(e) 5
Annotated Code of Maryland 6
(2012 Volume and 2022 Supplement) 7
BY adding to 8
Article – Land Use 9
Section 15–103.1 and 15–121 through 15–123 10
Annotated Code of Maryland 11
(2012 Volume and 2022 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Land Use 15
15–101. 16
(a) There is a Maryland–National Capital Park and Planning Commission. 17
(b) The Commission is a body politic and corporate and is an agency of the State. 18
15–102. 19
(a) (1) The Commission consists of 10 members. 20
(2) Of the 10 members of the Commission: 21
(i) five shall be residents and registered voters of Montgomery 22
County; and 23
(ii) five shall be residents and registered voters of Prince George’s 24
County. 25
(3) (i) [Subject] EXCEPT AS PROVIDED IN § 15–103.1 OF THIS 26
SUBTITLE, AND SUBJECT to the approval of the County Executive, the County Council 27
shall appoint each commissioner from Montgomery County. 28
(ii) Subject to the approval of the County Council, the County 29
Executive shall appoint each commissioner from Prince George’s County. 30
(b) Each commissioner shall be an individual of ability, experience, and integrity. 31
HOUSE BILL 778 3
(c) (1) Of the commissioners from each county, not more than three shall be 1
members of the same political party. 2
(2) A commissioner may not be selected as representing or supporting any 3
special interest. 4
(d) (1) The term of a commissioner is 4 years and begins on June 15. 5
(2) The terms of commissioners are staggered as required by the terms 6
provided for commissioners on October 1, 2012. 7
(3) At the end of a term, a commissioner continues to serve until a successor 8
is appointed and qualifies. 9
(4) A commissioner who is appointed after a term has begun serves only for 10
the rest of the term and until a successor is appointed and qualifies. 11
(5) A commissioner who is appointed to fill a vacancy for an unexpired term 12
shall be a member of the same political party as the commissioner who vacated the office. 13
(6) [(i) Except as provided in subparagraph (ii) of this paragraph, a] A 14
commissioner appointed from Montgomery County may not be appointed for [three] MORE 15
THAN TWO consecutive full terms. 16
[(ii) A commissioner appointed from Montgomery County may be 17
appointed for a maximum of three consecutive full terms as a member of the Commission 18
if the commissioner is designated as chair of the Montgomery County Planning Board 19
during the commissioner’s second term in office.] 20
15–103. 21
(a) (1) [In Montgomery County,] EXCEPT AS PROVIDED IN § 15–103.1 OF 22
THIS SUBTITLE, THIS SUBSECTION APPLI ES ONLY TO COMMISSIONERS APPOINT ED 23
BY THE MONTGOMERY COUNTY COUNCIL. 24
(2) BY AN AFFIRMATIVE VOT E OF EIGHT OF ITS ME MBERS, the 25
MONTGOMERY County Council shall make an appointment to the Commission from a list 26
of applicants. 27
[(2)] (3) The list shall be: 28
(i) completed at least 3 weeks before an appointment is made; and 29
(ii) made available to the public. 30
(4) (I) THE COUNTY COUNCIL SHALL HOLD PU BLIC HEARINGS O N 31 4 HOUSE BILL 778
EACH APPOINTMENT TO THE COMMISSION. 1
(II) THE COUNTY COUNCIL SHALL ACCEPT PUBLIC TESTIMONY 2
AT A HEARING HELD UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH . 3
[(3)] (5) If the County Council does not appoint an individual whose name 4
appears on the list or if no name appears on the list, the County Council shall provide for 5
the preparation of a second list and follow the procedures under [paragraph (2)] 6
PARAGRAPH S (3) AND (4) of this subsection. 7
[(4)] (6) Within 3 days after making an appointment, the County Council 8
shall submit the name of the appointee to the County Executive. 9
[(5)] (7) (I) Within 30 days after the appointment is submitted, the 10
County Executive shall approve or disapprove the appointment. 11
[(6)] (II) An appointment that is not disapproved by the County Executive 12
in accordance with this subsection is deemed to be approved. 13
[(7)] (III) If the County Executive disapproves an appointment, the County 14
Executive shall return the appointment to the County Council with the reasons for the 15
disapproval stated in writing. 16
[(8)] (IV) By [the affirmative] A UNANIMOUS vote of [nine of] its 17
members, the County Council may appoint a commissioner over the disapproval of the 18
County Executive. 19
15–103.1. 20
(A) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY. 21
(B) THE COUNTY EXECUTIVE SHALL APPOI NT ONE MEMBER TO THE 22
COMMISSION WHO SHALL SERVE AS THE : 23
(1) CHAIR OR VICE CHAIR OF THE COMMISSION, IN ACCORDANCE 24
WITH § 15–106 OF THIS SUBTITLE; AND 25
(2) CHAIR OF THE MONTGOMERY COUNTY PLANNING BOARD. 26
(C) THE REQUIREMENTS OF § 15–103(A)(4) OF THIS SUBTITLE APPLY TO A 27
COMMISSIONER AP POINTED UNDER THIS S ECTION. 28
15–105. 29
(a) (1) (I) [The] WITH THE APPROVAL OF THE COUNTY EXECUTIVE, 30 HOUSE BILL 778 5
THE Montgomery County Council may remove OR DISCIPLINE any commissioner 1
appointed from Montgomery County before the expiration of the commissioner’s term. 2
(II) WITH THE APPROVAL OF AN AFFIRMATIVE VOTE OF EIGHT 3
MEMBERS OF THE COUNTY COUNCIL, THE COUNTY EXECUTIVE MAY REMOVE OR 4
DISCIPLINE ANY COMMI SSIONER APPOINTED FR OM MONTGOMERY COUNTY 5
BEFORE THE EXPIRATIO N OF THE COMMISSIONE R’S TERM. 6
(2) With the approval of a majority of the members of the County Council, 7
the County Executive of Prince George’s County may remove any commissioner appointed 8
from Prince George’s County before the expiration of the commissioner’s term. 9
(b) (1) Except as provided in paragraph (2) of this subsection, before a 10
commissioner may be removed OR DISCIPLINED under subsection (a) of this section: 11
(i) the cause for removal OR DISCIPLINARY ACTI ON shall be stated 12
in writing; and 13
(ii) a public hearing shall be held on the removal OR DISCIPLINARY 14
ACTION. 15
(2) In Prince George’s County, the commissioner sought to be removed may 16
waive in writing the public hearing held by the County Council. 17
(3) IN MONTGOMERY COUNTY, THE COMMISSIONER SOU GHT TO BE 18
REMOVED OR DISCIPLIN ED MAY PARTICIPATE IN THE P UBLIC HEARING . 19
15–106. 20
(a) [The County Executive of Prince George’s County, with the approval of a 21
majority of the members of the County Council, and the Montgomery County Council, with 22
the approval of the County Executive in accordance with subsection (b) of this section, shall 23
each designate a commissioner for the position of chair or vice chair.] 24
(1) EACH COUNTY SHALL DES IGNATE A COMMISSIONER FOR THE 25
POSITION OF CHAIR AND VICE CHAIR OF THE COMMISSION AS PROVIDED IN THIS 26
SECTION. 27
(2) IN PRINCE GEORGE’S COUNTY, THE COUNTY EXECUTIVE, WITH 28
THE APPROVAL OF THE MAJORITY OF THE MEMB ERS OF THE COUNTY COUNCIL, 29
SHALL DESIGNATE A CO MMISSIONER FOR THE P OSITION OF CHAIR OR VICE CHAIR. 30
(3) IN MONTGOMERY COUNTY, THE COUNTY EXECUTIVE SHALL 31
APPOINT A COMMISSION ER FOR THE POSITION OF CHAIR OR VICE CHA IR IN 32
ACCORDANCE WITH § 15–103.1 OF THIS SUBTITLE. 33 6 HOUSE BILL 778
(b) [(1) Within 3 days after making a designation, the Montgomery County 1
Council shall submit the name of the designee to the County Executive. 2
(2) Within 30 days after the designation is submitted, the County 3
Executive shall approve or disapprove the designation. 4
(3) If the County Executive disapproves a designee, the County Executive 5
shall return the name of the designee to the County Council with the reasons for the 6
disapproval stated in writing. 7
(4) By the affirmative vote of eight of its members, the County Council may 8
designate a commissioner for the position of chair or vice chair over the disapproval of the 9
County Executive. 10
(5) A designation that has not been disapproved by the County Executive 11
in accordance with this subsection is deemed to be approved. 12
(c)] The Commission shall elect a chair and vice chair from the commissioners 13
designated in accordance with [subsections (a) and (b)] SUBSECTION (A) of this section. 14
[(d)] (C) (1) The chair shall: 15
(i) preside at meetings of the Commission; and 16
(ii) perform the other customary duties of the office. 17
(2) The vice chair shall preside in the absence of the chair. 18
(3) The chair and vice chair of the Commission also serve as chairs of their 19
respective county planning boards. 20
15–108. 21
(a) (1) (i) Each commissioner other than the chair is entitled to an annual 22
salary of $5,600. 23
(ii) [The] IN PRINCE GEORGE’S COUNTY, THE chair of the 24
Commission is entitled to an annual salary of $6,100. 25
(III) 1. IN MONTGOMERY COUNTY, THE CHAIR OF THE 26
COMMISSION IS ENTITLE D TO AN ANNUAL SALAR Y SET BY THE COUNTY EXECUTIVE 27
WITH THE APPROVAL OF THE COUNTY COUNCIL. 28
2. IF THE COUNTY COUNCIL DOES NOT TAKE ACTION ON 29
A SALARY AUTHORIZATI ON UNDER THIS SUBPARAGR APH WITHIN 30 DAYS AFTER 30 HOUSE BILL 778 7
THE AUTHORIZATION IS SUBMITTED, THE COUNTY EXECUTIVE MAY AUTHORIZE THE 1
SALARY WITHOUT THE A PPROVAL OF THE COUNTY COUNCIL. 2
(2) All salaries shall be paid monthly from the administrative tax collected 3
by the Commission under § 18–307 of this article. 4
(3) (i) Subject to subparagraph (ii) of this paragraph, each 5
commissioner is entitled to an annual expense allowance not exceeding $2,400, in 6
accordance with rules and regulations the Commission adopts. 7
(ii) A commissioner shall submit a voucher showing the expenses. 8
(b) (1) [(i) With the approval of the County Executive of Montgomery 9
County, the] THE County [Council] EXECUTIVE may authorize an appropriate 10
supplementary salary for the commissioner [designated by Montgomery County to serve 11
on a full–time basis] APPOINTED BY THE COUNTY EXECUTIVE UNDER § 15–103.1 OF 12
THIS SUBTITLE. 13
[(ii) If the County Executive fails to approve a supplementary salary 14
authorization by the County Council within 30 days after the authorization is submitted, 15
the County Council, by an affirmative vote of eight of its members, may authorize the 16
supplementary salary without the approval of the County Executive.] 17
(2) On the recommendation of the County Executive of Prince George’s 18
County, the County Council may authorize an appropriate supplementary salary for the 19
commissioner designated by Prince George’s County to serve on a full–time basis. 20
(3) Any supplementary salary authorized under PARAGRAPH (2) OF this 21
subsection shall be paid from the administrative tax collected by the Commission under § 22
18–307 of this article. 23
(C) (1) (I) IN THIS SUBSECTION TH E FOLLOWING WORDS HA VE THE 24
MEANINGS INDICATED . 25
(II) “EMPLOYMENT ” MEANS ENGAGING IN AN ACTIV ITY FOR 26
COMPENSATION , INCLUDING THE ACTIVE SALE OR PROMOTION FO R SALE OF 27
INTELLECTUAL PROPERT Y PRODUCED BY THE CO MMISSIONER. 28
(III) “INTELLECTUAL PROPERTY ” INCLUDES BOOKS , 29
NEWSPAPER , MAGAZINE, OR JOURNAL ARTICLES , VIDEOS, CRAFTS, AND ARTWORK . 30
(2) THE COMMISSIONER APPOINT ED BY THE COUNTY EXECUTIVE OF 31
MONTGOMERY COUNTY UNDER § 15–103.1 OF THIS SUBTITLE MAY NOT ENGAGE IN 32
ANY OTHER EMPLOYMENT WHILE SERVING ON THE BOARD. 33
8 HOUSE BILL 778
15–120. 1
(b) (1) (i) [This] EXCEPT AS PROVIDED IN § 15–108(C)(2) OF THIS 2
SUBTITLE, THIS subsection does not prohibit a commissioner from having or holding a 3
private investment, business, or professional interest, unless the interest is or reasonably 4
may be in conflict with the proper performance of the commissioner’s duty. 5
(ii) A private investment, business, or professional interest is 6
presumed to be in conflict with the proper performance of the commissioner’s duty if the 7
commissioner or the commissioner’s spouse, parent, child, brother, or sister: 8
1. jointly or severally owns more than 3% of the invested 9
capital or capital stock of any entity involved in the decision being made by the 10
commissioner, Commission, or county planning board on which the commissioner serves; 11
or 12
2. receives a total combined compensation of more than 13
$5,000 a year from any person involved in the decision being made by the commissioner, 14
Commission, or county planning board on which the commissioner serves. 15
(2) This subsection does not apply to or include: 16
(i) an interest or investment in land geographically remote from the 17
land involved in the decision; 18
(ii) the ownership of real property on which the commissioner 19
maintains a primary residence; or 20
(iii) a possibility of reverter, a mortgage, or other security interest in 21
real property not otherwise described in this subsection. 22
(3) A commissioner may not: 23
(i) decide, or participate in, a decision in which the commissioner 24
has a financial interest, whether as an owner, member, partner, officer, employee, 25
stockholder, or other participant of or in any private business or professional enterprise, 26
that will be affected by the decision; or 27
(ii) knowingly participate in a decision affecting the financial 28
interest, jointly or severally, of a person related to the commissioner or the commissioner’s 29
spouse, parent, child, brother, or sister. 30
15–121. 31
(A) IN THIS SECTION , “CANDIDATE”, “CONTRIBUTION ”, AND “POLITICAL 32
COMMITTEE ” HAVE THE MEANINGS ST ATED IN § 1–101 OF THE ELECTION LAW 33 HOUSE BILL 778 9
ARTICLE. 1
(B) THIS SECTION APPLIES ONLY: 2
(1) TO COMMISSIONERS APP OINTED FROM MONTGOMERY COUNTY; 3
AND 4
(2) FROM THE DATE OF A C OMMISSIONER ’S APPOINTMENT UNTIL THE 5
END OF THE COMMISSIONER ’S TENURE ON THE COMMISSION. 6
(C) (1) A COMMISSIONER MAY NOT, FOR THE BENEFIT OF AN INDIVIDUAL 7
HOLDING A STATE OR LOCAL ELECTE D OFFICE OR A CANDID ATE FOR A STATE OR 8
LOCAL ELECTED OFFICE , ENGAGE IN THE FOLLOW ING ACTIVITIES: 9
(I) SOLICITING OR TRANSMI TTING A POLITICAL 10
CONTRIBUTION FROM AN Y PERSON, INCLUDING A POLITICAL COMMIT TEE; 11
(II) SERVING ON A FUND –RAISING COMMITTEE OR A POLITICAL 12
COMMITTEE ; 13
(III) ACTING AS A TREASURER FOR A CANDIDATE OR AN 14
OFFICIAL OR AS TREAS URER OR CHAIR OF A P OLITICAL COMMITTEE ; 15
(IV) ORGANIZING OR ESTABLI SHING A POLITICAL COMMITTEE 16
FOR THE PURPOSE OF S OLICITING OR TRANSMI TTING CONTRIBUTIONS FROM ANY 17
PERSON; 18
(V) FORWARDING TICKETS FO R FUND–RAISING ACTIVITIES , OR 19
OTHER SOLICITATIONS FOR POLITICAL CONTRI BUTIONS, TO A POTENTIAL 20
CONTRIBUTOR ; OR 21
(VI) OPENLY CAMP AIGNING OR VOLUNTEER ING FOR A 22
CAMPAIGN. 23
(2) THIS SECTION DOES NOT PROHIBIT A COMMISSIONER FROM: 24
(I) MAKING A PERSONAL POL ITICAL CONTRIBUTION ; 25
(II) INFORMING ANY ENTITY OF A POSITION TAKEN BY A 26
CANDIDATE OR AN OFFICIAL; OR 27
(III) ENGAGING IN OTHER ACTIVITIES NOT SPECIFICALLY 28
PROHIBITED UNDER PAR AGRAPH (1) OF THIS SUBSECTION . 29 10 HOUSE BILL 778
(3) A COMMISSIONER MAY NOT BE A CANDIDA TE FOR A PUBLIC 1
OFFICE WHILE SERVING ON THE COMMISSION. 2
15–122. 3
A FORMER COMMISSIONER FROM MONTGOMERY COUNTY MAY NOT ASSIST OR 4
REPRESENT ANOTHER PA RTY FOR COMPENSATION IN A MATTER THAT WAS THE 5
SUBJECT OF ACTION BE FORE THE MONTGOMERY COUNTY PLANNING BOARD 6
WHILE THE COMMISSION ER SERVED ON THE BOARD FOR 1 CALENDAR YEAR FR OM 7
THE DATE THE COMMISS IONER LEAVES OFFICE . 8
15–123. 9
DURING THE FIRST YEAR OF EACH TERM OF THE COMMISSIONER , A 10
COMMISSIONER FROM MONTGOMERY COUNTY SHALL SUCCESSFULLY C OMPLETE: 11
(1) THE TRAINING REQUIRED UNDER § 3–213 OF THE GENERAL 12
PROVISIONS ARTICLE; 13
(2) A COURSE RELATING TO HARASSMENT ; AND 14
(3) A COURSE ON DIVERSIT Y, EQUITY, AND INCLUSION AND TH E 15
IMPACTS OF IMPLICIT BIAS. 16
20–202. 17
(e) (1) This subsection applies only to the Montgomery County Planning 18
Board. 19
(2) The Board shall: 20
(i) PUBLISH AND MAINTAIN ON ITS WEBSITE THE A GENDA OF 21
THE OPEN MEETING, TOGETHER WITH A SUMM ARY OF ANY FINALIZED DOCUMENTS , 22
WRITTEN TESTIMONY FR OM THE PUBLIC, AND OTHER MATERIALS THAT THE BOARD 23
WILL VOTE ON AT THE OPEN MEETING : 24
1. AT LEAST 72 HOURS BEFORE EACH MEETING ; OR 25
2. IF THE MEETING IS BEING HELD DUE TO AN 26
EMERGENCY , A NATURAL DISASTER , OR ANY OTHER UNANTIC IPATED SITUATION , AS 27
FAR IN ADVANCE OF TH E MEETING AS PRACTIC ABLE; 28
(II) stream live video or live teleconference audio or other audio of 29 HOUSE BILL 778 11
the open meetings of the Board; 1
[(ii)] (III) maintain on its website a complete and unedited archived 2
recording of each open meeting that is livestreamed in accordance with this subsection; and 3
[(iii)] (IV) notwithstanding § 3–306(b)(2)(i) of the General Provisions 4
Article: 5
1. prepare minutes of each meeting as soon as practicable 6
after the meeting; and 7
2. publish and maintain on its website the minutes of each 8
open meeting prepared in accordance with this subsection. 9
(3) (I) THE BOARD SHALL APPROVE MEETIN G MINUTES IN A 10
TIMELY MANNER . 11
(II) EACH OPEN MEETING AGE NDA SHALL INCLUDE 12
CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEET ING. 13
(III) THE REQUIREMENT UNDER SUBPARAGRAPH (II) OF THIS 14
PARAGRAPH DOES NOT APPLY TO TH E AGENDA OF AN EMERG ENCY MEETING IF 15
CONSIDERATION OF THE MEETING MINUTES FROM THE MOST RECENT MEET ING IS 16
NOT PRACTICABLE BECA USE OF THE NEED TO H OLD AN EMERGENCY MEE TING. 17
(4) The inability of the Board to comply with paragraph [(2)(i) and (ii)] 18
(2)(II) AND (III) of this subsection due to technical failure that entirely prevents or 19
otherwise affects the quality of the live video or audio streaming of a meeting of the Board 20
does not affect the validity of any action taken by the Board during the meeting if: 21
(i) the Board otherwise complies with this subsection and the Open 22
Meetings Act; and 23
(ii) the inability to comply is not due to willful action by the Board. 24
[(4)] (5) In addition to complying with the minutes requirements of the 25
Open Meetings Act under § 3–306 of the General Provisions Article, if the Board is unable 26
to comply with paragraph [(2)(i)] (2)(II) of this subsection, the Board shall make 27
good–faith efforts to record an open meeting by video or audio and maintain on its website 28
a complete and unedited archived recording of the meeting. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 30
measure, is necessary for the immediate preservation of the public health or safety, has 31
been passed by a yea and nay vote supported by three–fifths of all the members elected to 32
each of the two Houses of the General Assembly, and shall take effect from the date it is 33
enacted. 34