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Policy Regarding Appointments
1. The County
Council recognizes that boards, committees, and commissions are
an integral and important component of County government and that citizens
provide the County government a vast resource of talent, expertise,
2. The County Council has asked that its adopted policies regarding
appointments to boards, committees, and commissions be organized into
one document for ease of reference and to reiterate its general policies
with regard to appointing members to serve on boards, committees, and
commissions. The Council also reemphasizes that reappointment to boards,
committees, and commissions is not an automatic process.
3. The County Council has previously adopted general policies affecting
the solicitation and appointment of members to boards, committees, and
commissions. These policies are contained in law, resolution, or Council
rules of procedure, and are summarized here.
Appointment and Confirmation
Members of boards, committees, and commissions who are appointed by
the Council are appointed for the term and for the compensation, if
any, and in the manner as is prescribed by the Charter, or law or resolution.
When a vacancy exists on any board, committee, or commission whose members
are appointed by the County Executive, the Executive should appoint
a successor within 60 days and the County Council should act within
60 days by resolution to confirm or disapprove the appointment. The
affirmative vote of a majority of Councilmembers in office is required
for confirmation. If the appointment is not confirmed, the County Executive
should promptly appoint another person to the vacancy and submit the
name to the Council for confirmation (Montgomery County Code Section
The law, resolution or executive order establishing or continuing any
committee should specify the term of the committees existence.
If no term is specified, then the committee continues until terminated.
The Executive monitors the expiration date of those committees he appoints,
and the Council monitors the expiration date of those committees that
the Council appoints. (Montgomery County Code Section 2-146(a))
The standard term for each appointment is three years unless another
term is established by law, resolution, or executive order. (Montgomery
County Code Section 2-148(b))
To promote broad participation no individual should ordinarily serve
more than two consecutive full terms or serve on more than two committees
at any one time. (Montgomery County Code Section 2-148(a))
In addition to the requirements in the County Code, the Council has
adopted a more restrictive policy regarding the number of terms served
and for service on more than one board, committee, or commission:
The Council policy is that an individual must not serve more
than two consecutive full terms on any County board, committee, or
commission or serve on more than one board, committee, or commission
at any one time unless two-thirds of the Councilmembers voting in
the affirmative or negative make or confirm the appointment. (Council
Resolution No. 11-98, adopted February 24, 1987)
This policy does not apply to ex officio or non-voting appointees
or to any appointment established for a term of less than two years.
(Council Resolution No. 11-98, adopted February 24, 1987)
In making appointments to committees the appointing authority should
consider the following criteria: interest, diversity of background and
professions, relevant experience and expertise, and geographic balance.
(Montgomery County Code Section 2-148(a))
Advertising and Solicitation
The Council will publish and solicit applications for any vacancy that
exists on any board, committee, or commission appointed by the Council.
(Council Resolution No. 10-1078, adopted December 11, 1984, and the
Council Rules of Procedure)
The Council will not confirm appointments by the County Executive to
boards, committees, and commissions unless, when a vacancy exists, the
Executive publishes the vacancy and solicits applications to fill the
vacancy. (Council Resolution No. 10-1078, adopted December 11, 1984,
and the Council Rules of Procedure)
The Council may waive advertisement and solicitation requirements for
Executive appointments on a case-by-case basis. (Council Resolution
No. 10-1078, adopted December 11, 1984, and the Council Rules of Procedure)
These provisions do not apply to positions on County boards, committees,
and commissions that must be filled by an employee representing a County
department, office, or agency as a law, resolution or executive order
provides. (Council Resolution No. 10-1078, adopted December 11, 1984)
Membership of Employees
Resolution No. 11-108 states that the Council may appoint a Montgomery
County employee or confirm an appointment by the County Executive of
a County employee to a board, committee, or commission, if:
(a) a law, resolution, or executive order directs
that the position must be filled by a Montgomery County employee representing
a department, office, or agency; or
(b) the employee is:
(i) the County Executive;
(ii) a designated representative or liaison of the
(iii) a member of the County Council;
(iv) a designated representative or liaison of the
(v) an employee or volunteer member of a fire department
or rescue squad; or
(c) the appointment will not conflict with the employees
official duties or the employment duties of the employees spouse.
An appointment will conflict with an employees or spouses
(i) the board deals with a subject matter that falls
within the scope of the employees or spouses duties as
a Montgomery County employee;
(ii) the employee or spouse supervises, advises,
represents, or reviews the budget of the board, or any department,
office, or agency that the board oversees or advises;
(iii) the employee or spouse is the head of a County
department, principal office, or office; or
(iv) membership on the particular board will otherwise
(a) subject the employee or spouse to undue pressures or (b) create
or appear to create a conflict between the employees or spousess
duties and the duties of membership on the board.
(d) Failure to conform to the above criteria is grounds
for the Council or Executive to refuse to confirm or approve an appointment.
In approving or confirming an appointment that does not meet the standards
of paragraph (c), the Council must describe the nature of the conflict
with the employees duties and explain why it is approving or confirming
(e) Employee means a paid employee of an agency
covered by the Ethics law and board includes committee, council,
task force, and commission.
(Resolution No. 11-108, adopted February 24, 1987, rescinded Resolution
Nos. 10-560 and 10-631, repealing the policy that appointments of County
employees on boards, committees, and commissions will not be confirmed
by the Council.)
Councilmembers must be afforded an opportunity to interview each County
Executive or Council nominee before the Council acts on the appointment.
(Council Rules of Procedure).
The name of each appointee should be published at least one week before
confirmation (Council Rules of Procedure).
Appointment resolutions are exempt from the rule that a resolution
must not be acted on until the next meeting after it has been introduced.
(Council Rules of Procedure)
Boards, committees, and commissions include any multi-member body established
by law, resolution, or executive order, to assist the County government
in carrying out its responsibilities. (Council Rules of Procedure)
|The County Council for Montgomery County, Maryland, approves
the above resolution. This resolution supplements Resolution Nos.10-1028,
11-98, and 11-108.