Md. Code, Land Use, Title 15

Md. Code, Land Use, Title 15
in effect

Md. Code, Land Use § 15-101

(a) There is a Maryland–National Capital Park and Planning Commission. (b) The Commission is a body politic and corporate and is an agency of the State.

Md. Code, Land Use § 15-102

(a) (1) The Commission consists of 10 members. (2) Of the 10 members of the Commission: (i) five shall be residents and registered voters of Montgomery County; and (ii) five shall be residents and registered voters of Prince George’s County. (3) (i) Subject to the approval of the County Executive, the County Council shall appoint each commissioner from Montgomery County. (ii) Subject to the approval of the County Council, the County Executive shall appoint each commissioner from Prince George’s County. (b) Each commissioner shall be an individual of ability, experience, and integrity. (c) (1) Of the commissioners from each county, not more than three shall be members of the same political party. (2) A commissioner may not be selected as representing or supporting any special interest. (d) (1) The term of a commissioner is 4 years and begins on June 15. (2) The terms of commissioners are staggered as required by the terms provided for commissioners on October 1, 2012. (3) At the end of a term, a commissioner continues to serve until a successor is appointed and qualifies. (4) A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (5) A commissioner who is appointed to fill a vacancy for an unexpired term shall be a member of the same political party as the commissioner who vacated the office. (6) (i) Except as provided in subparagraph (ii) of this paragraph, a commissioner appointed from Montgomery County may not be appointed for three consecutive full terms. (ii) A commissioner appointed from Montgomery County may be appointed for a maximum of three consecutive full terms as a member of the Commission if the commissioner is designated as chair of the Montgomery County Planning Board during the commissioner’s second term in office.

Md. Code, Land Use § 15-103

(a) (1) In Montgomery County, the County Council shall make an appointment to the Commission from a list of applicants. (2) The list shall be: (i) completed at least 3 weeks before an appointment is made; and (ii) made available to the public. (3) If the County Council does not appoint an individual whose name appears on the list or if no name appears on the list, the County Council shall provide for the preparation of a second list and follow the procedures under paragraph (2) of this subsection. (4) Within 3 days after making an appointment, the County Council shall submit the name of the appointee to the County Executive. (5) Within 30 days after the appointment is submitted, the County Executive shall approve or disapprove the appointment. (6) An appointment that is not disapproved by the County Executive in accordance with this subsection is deemed to be approved. (7) If the County Executive disapproves an appointment, the County Executive shall return the appointment to the County Council with the reasons for the disapproval stated in writing. (8) By the affirmative vote of nine of its members, the County Council may appoint a commissioner over the disapproval of the County Executive. (b) (1) In Prince George’s County, the County Council shall hold public hearings on an appointment to the Commission not less than 10 days and not more than 20 days after the County Executive submits the name of the appointee to the County Council. (2) If the County Council fails to act on the appointment within 30 days after the County Executive submits the name of the appointee, the appointment is deemed to be approved. (3) A vote of a majority of the full County Council is required to approve or disapprove an appointment. (4) (i) In making and approving appointments, the County Council and County Executive shall attempt to provide reasonable geographic balance with respect to the commissioners’ places of residence. (ii) The appointment resolution for each appointment shall describe the resulting geographic distribution and provide appropriate explanations.

Md. Code, Land Use § 15-104

(a) This section applies to each commissioner appointed by the Montgomery County Council under §§ 15–102 and 15–103 of this subtitle. (b) (1) The Montgomery County Council may require an applicant for appointment as a commissioner to be interviewed by the County Council or its designated agent in private regarding possible or potential conflicts of interest. (2) Before the appointment is made, the County Council or its designated agent shall interview in private an applicant who is selected for appointment regarding possible or potential conflicts of interest. (c) An applicant may not be appointed unless the applicant: (1) has filed a financial disclosure statement as required by § 5–824 of the General Provisions Article; and (2) has been interviewed as required by subsection (b) of this section. (d) (1) In an interview under this section, the applicant shall be interviewed: (i) under oath; (ii) in a question and answer format; and (iii) about information and interests including all sources of income, property holdings, business interests, and financial interests of the applicant and the applicant’s spouse, parent, child, brother, or sister. (2) The County Council may require the applicant to produce relevant documents. (e) (1) A written transcript shall be made of all questions and answers in an interview under this section. (2) Unless the examination is waived by the applicant: (i) the transcript shall be submitted to the applicant for examination; (ii) the transcribing officer shall make any changes in the transcript that the applicant desires to make, accompanied by a statement of the reason given by the applicant for the changes; and (iii) the applicant shall sign the transcript. (3) The transcribing officer shall certify on the transcript that: (i) the applicant was sworn by the officer; and (ii) the transcript is a true record of the testimony given by the applicant. (4) The County Council shall: (i) publicly disclose the complete transcript of an appointee within 3 weeks after the date of the appointment; and (ii) when the appointee takes office, destroy immediately the complete transcript of any other applicant without disclosure of any information contained in the transcript. (f) (1) On or before June 1 of each year, an appointee shall disclose, in writing, to the County Council all information available to make current the property holdings, business interests, and financial interests in the State and the greater Washington metropolitan area of the appointee and the appointee’s spouse, parent, child, brother, or sister. (2) The County Council shall publicly disclose the information received from the appointee. (3) If the County Council determines it necessary, the County Council may require substantiation and additional information.

Md. Code, Land Use § 15-105

(a) (1) The Montgomery County Council may remove or discipline any commissioner appointed from Montgomery County before the expiration of the commissioner’s term. (2) With the approval of a majority of the members of the County Council, the County Executive of Prince George’s County may remove any commissioner appointed from Prince George’s County before the expiration of the commissioner’s term. (b) (1) Except as provided in paragraph (2) of this subsection, before a commissioner may be removed or disciplined under subsection (a) of this section: (i) the cause for removal or disciplinary action shall be stated in writing; and (ii) a public hearing shall be held on the removal or disciplinary action. (2) In Prince George’s County, the commissioner sought to be removed may waive in writing the public hearing held by the County Council.

Md. Code, Land Use § 15-106

(a) The County Executive of Prince George’s County, with the approval of a majority of the members of the County Council, and the Montgomery County Council, with the approval of the County Executive in accordance with subsection (b) of this section, shall each designate a commissioner for the position of chair or vice chair. (b) (1) Within 3 days after making a designation, the Montgomery County Council shall submit the name of the designee to the County Executive. (2) Within 30 days after the designation is submitted, the County Executive shall approve or disapprove the designation. (3) If the County Executive disapproves a designee, the County Executive shall return the name of the designee to the County Council with the reasons for the disapproval stated in writing. (4) By the affirmative vote of eight of its members, the County Council may designate a commissioner for the position of chair or vice chair over the disapproval of the County Executive. (5) A designation that has not been disapproved by the County Executive in accordance with this subsection is deemed to be approved. (c) The Commission shall elect a chair and vice chair from the commissioners designated in accordance with subsections (a) and (b) of this section. (d) (1) The chair shall: (i) preside at meetings of the Commission; and (ii) perform the other customary duties of the office. (2) The vice chair shall preside in the absence of the chair. (3) The chair and vice chair of the Commission also serve as chairs of their respective county planning boards.

Md. Code, Land Use § 15-107

(a) The Montgomery County Council may designate a commissioner from that county to serve on a full–time basis as the chair or vice chair of the Commission. (b) With the approval of a majority of the members of the County Council, the County Executive of Prince George’s County may designate a commissioner from that county to serve on a full–time basis as the chair or vice chair of the Commission.

Md. Code, Land Use § 15-108

(a) (1) (i) Each commissioner other than the chair is entitled to an annual salary of $5,600. (ii) The chair of the Commission is entitled to an annual salary of $6,100. (2) All salaries shall be paid monthly from the administrative tax collected by the Commission under § 18–307 of this article. (3) (i) Subject to subparagraph (ii) of this paragraph, each commissioner is entitled to an annual expense allowance not exceeding $2,400, in accordance with rules and regulations the Commission adopts. (ii) A commissioner shall submit a voucher showing the expenses. (b) (1) (i) With the approval of the County Executive of Montgomery County, the County Council may authorize an appropriate supplementary salary for the commissioner designated by Montgomery County to serve on a full–time basis. (ii) If the County Executive fails to approve a supplementary salary authorization by the County Council within 30 days after the authorization is submitted, the County Council, by an affirmative vote of eight of its members, may authorize the supplementary salary without the approval of the County Executive. (2) On the recommendation of the County Executive of Prince George’s County, the County Council may authorize an appropriate supplementary salary for the commissioner designated by Prince George’s County to serve on a full–time basis. (3) Any supplementary salary authorized under this subsection shall be paid from the administrative tax collected by the Commission under § 18–307 of this article.

Md. Code, Land Use § 15-109

(a) (1) The Commission shall appoint an executive director, a secretary–treasurer, and a general counsel. (2) The executive director, secretary–treasurer, and general counsel serve at the pleasure of the Commission. (3) The Commission shall set the compensation of the executive director, secretary–treasurer, and general counsel. (b) The executive director and the secretary–treasurer shall be bonded. (c) Of the three officers appointed under this section, not more than two shall be residents of the same county.

Md. Code, Land Use § 15-110

The Commission may: (1) appoint or contract for the services of planning, engineering, legal, administrative, auditing, clerical, staff, or other employees necessary to administer this division on a regional basis; and (2) set the compensation of employees and contractors.

Md. Code, Land Use § 15-111

The Commission may require any officer or employee to post security in a form and amount the Commission approves.

Md. Code, Land Use § 15-112

The Commission may: (1) maintain offices in Montgomery County and Prince George’s County; and (2) hold meetings, conduct hearings, and perform any of its duties under this division at the office that, in the Commission’s judgment, best suits the convenience of the public.

Md. Code, Land Use § 15-113

(a) The Commission may: (1) exercise the powers, duties, and functions provided in this division; (2) use a common seal; (3) sue and be sued; and (4) do any other corporate act necessary to carry out this division. (b) The Commission may raise the defense of partial governmental immunity described under § 5–512 of the Courts Article.

Md. Code, Land Use § 15-114

(a) The Commission shall establish an adequate comprehensive insurance program. (b) (1) The comprehensive insurance program shall provide: (i) compensation for personal injury or death or property damage resulting from negligence, malpractice, or any other civil or tortious act or omission of the Commission, or of its commissioners, employees, and agents acting within the scope of their duties and without malice or gross negligence; and (ii) protection for property of the Commission and for officials and employees acting within the scope of their duties, including a comprehensive workers’ compensation program. (2) The Commission may purchase any other liability insurance the Commission considers necessary. (c) The Commission may establish a program of group health, life, hospitalization, and disability insurance by purchasing insurance coverage from insurance companies authorized to do business in the State and, except for disability insurance, not by self–insurance. (d) (1) The insurance required under subsection (b) of this section and the disability insurance authorized under subsection (c) of this section may be provided by: (i) purchasing insurance coverage from insurance companies authorized to do business in the State; (ii) a self–insurance program; or (iii) a combination of purchased insurance coverage and self–insurance. (2) If a self–insurance program is established and funded to cover all or part of the insurance required under subsection (b) of this section: (i) the Commission shall adopt rules and regulations for the administration of the program; and (ii) funding for the program shall be included in the annual operating budget. (3) The insurance program established by the Commission shall provide for: (i) defense of claims; and (ii) compensation for damages. (4) Within the limits of appropriations for the insurance program, the Commission may: (i) engage necessary claims investigators and adjustors; and (ii) provide for the defense and settlement of claims and payment of judgments. (e) (1) Subject to paragraph (3) of this subsection, the Commission may cooperate with and enter into agreements to obtain and provide insurance coverage in the most economical manner with: (i) Montgomery County; (ii) Prince George’s County; (iii) both Montgomery County and Prince George’s County; or (iv) subject to the approval of the county government of a county affected by the agreement, other units of government. (2) An agreement under paragraph (1) of this subsection may provide for any type of insurance protection, including: (i) public liability; (ii) group health, life, hospitalization, and disability; (iii) real and personal property; and (iv) workers’ compensation. (3) This subsection does not authorize the Commission to establish a self–insurance program for group health, life, and hospitalization insurance. (f) (1) Subject to paragraphs (2) and (3) of this subsection, a payment made to a police officer employed by the Commission for an illness or injury received in the line of duty in accordance with any disability program or disability insurance program authorized under this section is considered in the nature of workers’ compensation. (2) A payment described in this subsection is independent of any payment made under the Maryland Workers’ Compensation Act. (3) This subsection does not affect: (i) the offset provision under § 9–610 of the Labor and Employment Article; or (ii) the presumption of a police officer’s entitlement to benefits under § 9–503 of the Labor and Employment Article.

Md. Code, Land Use § 15-115

(a) (1) The Commission shall prepare an annual financial report. (2) The annual financial report shall: (i) include the financial statements of the Commission; and (ii) be audited by an independent certified public accountant. (3) The Commission shall make the audited annual financial report available for distribution to the public. (b) (1) After the audit is completed, the Commission shall publish a summary financial report consisting of a combined statement of revenues and expenditures for all funds: (i) in at least one newspaper of general circulation published in Montgomery County; and (ii) 1. in the newspapers officially designated by the Prince George’s County government as newspapers of record; or 2. in the absence of a designation of a newspaper of record, in at least one newspaper of general circulation published in Prince George’s County. (2) The publication of the summary financial report shall carry appropriate references to the Commission’s audited annual financial report.

Md. Code, Land Use § 15-116

(a) (1) The Commission shall publish each year a report describing the work of the Commission for the previous year, in the detail that the Commission considers appropriate. (2) The report required under this subsection shall include: (i) land acquisitions; (ii) financial transactions; (iii) personnel matters; and (iv) litigation and disposition of violations. (b) The Commission may publish pamphlets describing: (1) the law administered by the Commission; and (2) subdivision, zoning, and other regulations adopted or enacted by the Commission or the district councils. (c) The Commission may charge a fee for a publication issued under this section to cover any of the cost of the publication.

Md. Code, Land Use § 15-117

(a) The Commission shall: (1) maintain a minute or record book; and (2) record its actions in the minute or record book in usual corporate form. (b) (1) The votes of the commissioners shall be separately taken and recorded by yeas, nays, and abstentions, and the reasons for each abstention shall be recorded, with respect to any: (i) action authorizing, modifying, or rescinding the adoption of a master plan; (ii) approval of plats of subdivision; (iii) approval of subdivision or other regulations; (iv) recommendations on zoning map amendments; or (v) zoning text amendments. (2) The names of the commissioners voting or abstaining shall be included in the minute entry following a brief summary of the matter on which the vote was taken. (c) The minute or record book shall be kept available and open to public inspection and copying during business hours in the Commission’s principal offices.

Md. Code, Land Use § 15-118

In the performance of the functions and duties of the Commission, any commissioner or employee or agent of the Commission may enter at all reasonable hours any building or private premises in the metropolitan district or in the regional district to make examinations and surveys and to place and maintain necessary monuments and marks on the building or premises.

Md. Code, Land Use § 15-119

Commissioners and employees of the Commission may engage in civilian defense or other defense activities under the direction of, or in cooperation with, federal, State, or county units in charge of the defense activities.

Md. Code, Land Use § 15-120

(a) This section does not prohibit a commissioner from: (1) appearing in the pursuit of the commissioner’s private interests as a citizen; (2) accepting or receiving any benefit by operation of law; or (3) prosecuting or pursuing any claim, right, privilege, or remedy that accrues to the commissioner by operation of law. (b) (1) (i) This subsection does not prohibit a commissioner from having or holding a private investment, business, or professional interest, unless the interest is or reasonably may be in conflict with the proper performance of the commissioner’s duty. (ii) A private investment, business, or professional interest is presumed to be in conflict with the proper performance of the commissioner’s duty if the commissioner or the commissioner’s spouse, parent, child, brother, or sister: 1. jointly or severally owns more than 3% of the invested capital or capital stock of any entity involved in the decision being made by the commissioner, Commission, or county planning board on which the commissioner serves; or 2. receives a total combined compensation of more than $5,000 a year from any person involved in the decision being made by the commissioner, Commission, or county planning board on which the commissioner serves. (2) This subsection does not apply to or include: (i) an interest or investment in land geographically remote from the land involved in the decision; (ii) the ownership of real property on which the commissioner maintains a primary residence; or (iii) a possibility of reverter, a mortgage, or other security interest in real property not otherwise described in this subsection. (3) A commissioner may not: (i) decide, or participate in, a decision in which the commissioner has a financial interest, whether as an owner, member, partner, officer, employee, stockholder, or other participant of or in any private business or professional enterprise, that will be affected by the decision; or (ii) knowingly participate in a decision affecting the financial interest, jointly or severally, of a person related to the commissioner or the commissioner’s spouse, parent, child, brother, or sister. (c) A commissioner may not: (1) act as a broker, agent, attorney, representative, or employee of any person in the person’s business dealings with: (i) Montgomery County; (ii) Prince George’s County; (iii) the Washington Suburban Sanitary Commission; or (iv) the Commission; (2) decide, or participate in, a decision on any matter in which a close business or professional associate has acted as a broker, agent, attorney, representative, or employee of any person or represented private interests before: (i) Montgomery County; (ii) Prince George’s County; (iii) the Washington Suburban Sanitary Commission; or (iv) the Commission; or (3) represent a private interest or appear in a position of advocacy, other than in the performance of the commissioner’s official duties, either in person or through an associate, in any matter or proceeding pending before: (i) the Montgomery County Council; (ii) the Prince George’s County Council; (iii) the Washington Suburban Sanitary Commission; (iv) the Commission; (v) the Montgomery County Board of Appeals; or (vi) the Prince George’s County Board of Appeals. (d) A commissioner may not solicit or accept any gift, favor, loan, service, promise, employment, or thing that might influence or tend to influence the proper performance of the commissioner’s duty. (e) A commissioner may not: (1) disclose confidential information concerning the property, management, or affairs of: (i) Montgomery County; (ii) Prince George’s County; (iii) the Washington Suburban Sanitary Commission; or (iv) the Commission; or (2) use any information described in item (1) of this subsection to advance the financial or other private interests of the commissioner or other persons. (f) A commissioner may not attempt to influence for a purpose contrary to this section any other county or State official in the conduct of the other official’s duties. (g) (1) If a commissioner has any interest described in this section that is or reasonably may be incompatible with or in conflict with any of the commissioner’s official duties or acts, the commissioner: (i) shall disclose the interest in a regular public meeting of the Commission or the county planning boards; and (ii) is disqualified and may not participate in the decision or act affected by the interest. (2) A disclosure made under paragraph (1) of this subsection shall appear in the minutes of the meeting. (h) A commissioner who violates any provision of subsections (b) through (f) of this section is guilty of a misdemeanor and on conviction is subject to: (1) imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; (2) suspension from the Commission or employment not exceeding 6 months; (3) forfeiture and removal from office; or (4) any combination of the penalties described in items (1) through (3) of this subsection.

Md. Code, Land Use § 15-121

(a) This section applies only: (1) to commissioners appointed from Montgomery County; and (2) from the date of a commissioner’s appointment until the end of the commissioner’s tenure on the Commission. (b) A commissioner may not: (1) solicit or accept from any person with business before the Commission a financial contribution for any political candidate, political organization, or ballot question; or (2) solicit from any person with business before the Commission an endorsement of or opposition to a political candidate.

Md. Code, Land Use § 15-122

Notwithstanding the requirements of § 5–504 of the General Provisions Article, a former commissioner from Montgomery County may not assist or represent another party for compensation in a matter that was the subject of action before the Montgomery County Planning Board while the commissioner served on the Board for 1 calendar year from the date the commissioner leaves office.

Md. Code, Land Use § 15-123

(a) Within the first 3 months following appointment, a commissioner from Montgomery County shall successfully complete: (1) the training required under § 3–213 of the General Provisions Article; (2) the Maryland Department of Planning’s Planning Commissioner, Planning Board and Board of Appeals Education Course; and (3) appropriate training on: (i) Maryland Public Ethics Law; and (ii) Maryland–National Capital Park and Planning Commission policies and practices on: 1. ethics; 2. drug– and alcohol–free workplace; and 3. workplace harassment and intimidation. (b) Failure of a commissioner to meet the requirements of subsection (a) of this section does not invalidate a decision made by the Commission or establish a private cause of action.

Md. Code, Land Use § 15-201

In this subtitle, “local small business enterprise” means a business enterprise that: (1) has its principal place of operation in Montgomery County or Prince George’s County; and (2) has been certified as a small business enterprise by a unit of county government that has jurisdiction over procurement in Montgomery County or Prince George’s County.

Md. Code, Land Use § 15-202

The Commission shall adopt procurement regulations consistent with the standards and methods for source selection provided in Title 13, Subtitle 1 of the State Finance and Procurement Article.

Md. Code, Land Use § 15-204

(a) The Commission’s procurement regulations may establish a local small business enterprise program to encourage local small business enterprise participation in appropriate procurement activities. (b) The regulations adopted in accordance with this section may include: (1) procedures for reliable documentation of a business entity’s official designation by Montgomery County or Prince George’s County as a local small business enterprise; (2) procedures to be followed by staff, prospective contractors, and successful bidders or offerors to maximize notice to, and the opportunity to participate in the procurement process by, a broad range of local small business enterprises; and (3) provisions to: (i) extend reasonable competitive preferences for local small business enterprises; (ii) establish procurement goals of utilization of local small business enterprises; and (iii) reserve particular procurement activities for local small business enterprises under appropriate circumstances.

Md. Code, Land Use § 15-205

On or before October 31 each year, the Commission shall report to the Montgomery County and Prince George’s County Delegations to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the effectiveness of any local small business enterprise program established under this subtitle.

Md. Code, Land Use § 15-301

(a) In this subtitle the following words have the meanings indicated. (b) “Contract” means an agreement, commitment, or arrangement made between the Commission and a governmental unit to further the purposes stated in § 15–302 of this subtitle. (c) “Governmental unit” means: (1) the National Capital Planning Commission; (2) the United States government; (3) the District of Columbia; (4) the State, including the Washington Suburban Sanitary Commission; (5) Virginia; (6) Montgomery County or Prince George’s County; (7) any municipal corporation, local subdivision, or corporation within the State, Virginia, Montgomery County, or Prince George’s County; or (8) any other governmental agency the Commission determines to be appropriate to further the purposes stated in § 15–302 of this subtitle.

Md. Code, Land Use § 15-302

The Commission is the representative of the State for purposes of: (1) acquiring and developing land or other property under this division; (2) exercising the duties of the State under this division; (3) complying with § 1(a) and (b) of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482, for acquiring parklands in the metropolitan district; or (4) securing funds authorized by the Act or by any other federal, State, or local law.

Md. Code, Land Use § 15-303

(a) For the purposes of § 15–302 of this subtitle, the Commission may: (1) act in conjunction and cooperation with other governmental units; and (2) enter into contracts with governmental units. (b) The Commission may not obligate itself or the metropolitan district for expenditures above the amount of money the Commission has or shall receive from bonds, taxes, donations, contributions, or appropriations under this division.

Md. Code, Land Use § 15-304

(a) Within a reasonable time after the Commission makes a request, public officials of the State, Montgomery County, and Prince George’s County shall furnish the Commission with available information required for Commission work. (b) The Washington Suburban Sanitary Commission shall: (1) make available for Commission use the maps, surveys, engineering information, and other records of the Washington Suburban Sanitary Commission; and (2) when requested by the Commission, furnish engineering services and advice at cost.

Md. Code, Land Use § 15-305

(a) The conditions and limitations established in this section apply to contracts or amendments to contracts entered into under this subtitle to acquire parkland in the metropolitan district in accordance with § 1(a) and (b) of the Capper–Cramton Act, Public Law 71–284, 46 Stat. 482. (b) (1) Except as provided in subsection (d) of this section, the Commission may amend a contract. (2) An amendment to a contract shall be ratified by the appropriate county council before the amendment becomes binding on the State, the Commission, or the county. (c) (1) The Commission may enter into a contract with a governmental unit to: (i) adopt a general or revised plan for the acquisition of parklands in the metropolitan district; and (ii) specify the method to finance the acquisition. (2) The appropriate county council shall ratify a contract before the contract becomes binding on the State, the Commission, or the county. (d) (1) The Commission may enter into a supplemental agreement to a contract or amendment to a contract with a governmental unit in accordance with this subsection. (2) A supplemental agreement shall: (i) be for the acquisition of specific units of land in the metropolitan district that comprise portions of the general park plan adopted in the contract or amendment to the contract; and (ii) specify the financing for the acquisition. (3) A supplemental agreement for a specific unit of land located in Montgomery County or Prince George’s County shall be submitted to the appropriate county council for ratification. (4) The appropriate county council shall ratify a supplemental agreement if the county finds that: (i) the boundaries of the unit of land to be acquired under the supplemental agreement are in the general park plan adopted by the contract or amendment that the agreement supplements; and (ii) the proceeds from the taxes authorized under the supplemental agreement will allow the Commission to satisfy the obligations of the supplemental agreement, including any interest. (5) In determining whether the Commission will be able to meet an obligation with the proceeds of the taxes authorized under the supplemental agreement, the appropriate county council shall: (i) compute the proceeds on the assessable basis of the parts of the metropolitan district lying in the county for the fiscal year in which approval is sought; and (ii) assume that the entire tax imposed will be collected so long as there is an outstanding and unpaid obligation. (e) (1) The appropriate county council may ratify the supplemental agreement by simple resolution authorizing the chair of the county council to: (i) endorse the supplemental agreement; and (ii) execute a guarantee in accordance with this subtitle. (2) Ratification by the Montgomery County Council is not necessary to approve: (i) contracts or amendments that are not related to the acquisition of a specific unit of parkland; or (ii) supplemental agreements to contracts related only to the acquisition of specific units of parkland.

Md. Code, Land Use § 15-402

(a) The Audit Committee consists of five members. (b) The four voting members of the Audit Committee shall be appointed as follows: (1) one commissioner who is a member of the Montgomery County Planning Board, appointed by the chair of the Planning Board; (2) one commissioner who is a member of the Prince George’s County Planning Board, appointed by the chair of the Planning Board; (3) one member of the public who is qualified in accordance with subsection (e) of this section, appointed by the Montgomery County Planning Board; and (4) one member of the public who is qualified in accordance with subsection (e) of this section, appointed by the Prince George’s County Planning Board. (c) The chair of the Commission shall serve as an ex officio nonvoting member of the Audit Committee who may vote only when there is a tie vote among the voting members. (d) (1) The term of a voting member of the Audit Committee is 2 years. (2) The terms of the voting members of the Audit Committee are staggered as required by the terms provided for the Audit Committee on October 1, 2017. (3) At the end of a term, a voting member continues to serve until a successor is appointed and qualifies. (4) If a vacancy occurs after a term has begun, the appropriate planning board shall appoint a successor. (5) A voting member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (e) (1) A member of the Audit Committee who is a member of the public shall possess: (i) advanced education and experience in the management of governmental entities that are comparable to the Commission in scope and complexity; (ii) demonstrated knowledge and experience in the application of: 1. generally accepted accounting principles; 2. generally accepted government auditing standards; and 3. internal control systems; and (iii) an understanding of the appropriate functions of an Audit Committee. (2) A member of the Audit Committee who is a member of the public may possess demonstrated knowledge and experience in the application of: (i) sustainable financial management practices for public entities; and (ii) public accountability. (3) A member of the Audit Committee who is a member of the public may not have any other business or close personal relationships with the Commission or its officers, managers, or employees. (f) (1) Before appointing any member of the public to the Audit Committee, the appropriate planning board shall submit the name and qualifications of the proposed nominee for consideration by the county council of that county. (2) On and after 30 days after a planning board notifies the appropriate county council of a prospective nominee to the Audit Committee under this paragraph, the proposed nominee shall be eligible for appointment to the Audit Committee unless the county council notifies the planning board in writing of an objection to the appointment and the basis for the objection. (3) If the county council notifies the planning board of an objection to the appointment of a prospective nominee under this subsection, the planning board shall submit the name and qualifications of another prospective nominee for consideration. (g) The Audit Committee shall elect a voting member who is also a commissioner as chair.

Md. Code, Land Use § 15-403

The Audit Committee shall select and appoint: (1) the independent certified public accountant required to audit the Commission’s annual financial report under § 15–115(a)(2) of this title; and (2) the Inspector General as provided in Subtitle 5 of this title.

Md. Code, Land Use § 15-404

(a) Except as provided in subsection (b) of this section, the nonvoting member of the Audit Committee may vote on a decision of the Audit Committee in the event of a tie. (b) The appointment of the Inspector General may be approved only through a majority of the voting members of the Audit Committee.

Md. Code, Land Use § 15-405

(a) The Commission shall adopt regulations to ensure that the Audit Committee operates independently from the management of the Commission. (b) The Commission may: (1) adopt rules of procedure; and (2) delegate other appropriate functions to the Audit Committee. (c) The regulations adopted under this section may provide for a reasonable stipend to compensate only the members of the Audit Committee who are not also commissioners.

Md. Code, Land Use § 15-501

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Abuse” means an employee’s intentional misconduct or misuse of authority or position: (i) involving Commission property or funds that is improper or deficient when compared to conduct a prudent person would consider reasonable under the same facts and circumstances; or (ii) for the purpose of furthering improperly the private interests of the employee, a family member, or a close personal or business associate. (2) “Abuse” includes: (i) theft or misappropriation of Commission property or funds; and (ii) destruction or alteration of official records. (c) (1) “Fraud” means an intentional act or attempt to obtain something of value from the Commission or another person through willful misrepresentation. (2) “Fraud” includes a willful false representation of a material fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which causes the Commission to act, or fail to act, to the detriment of the Commission’s interest. (d) “Office” means the Office of the Inspector General. (e) “Vendor” means a party obligated by contract or subcontract to provide goods, services, or property to the Commission for consideration, including contracts and subcontracts for construction and professional services related to construction. (f) (1) “Waste” means an inappropriate act or omission by an employee with control over, or access to, Commission property or funds that unreasonably deprives the Commission of value. (2) “Waste” includes mismanagement or other unintentional conduct that is deficient or improper when compared to conduct a prudent person would consider necessary to preserve the value of Commission property or funds under the same facts and circumstances.

Md. Code, Land Use § 15-503

(a) (1) The Audit Committee of the Commission shall appoint the Inspector General. (2) (i) The Audit Committee shall select the Inspector General solely on the basis of professional ability and personal integrity, without regard to political affiliation. (ii) The Inspector General shall be qualified professionally by experience or education in auditing, government operations, or financial management. (b) (1) The term of the Inspector General is 4 years beginning on the date of appointment. (2) An individual may not serve as Inspector General for more than three terms. (3) The Inspector General may not participate in the merit system adopted by the Commission under Title 16, Subtitle 1 of this article, but: (i) may participate in any employee benefits program offered by the Commission on the same terms and conditions as it is offered generally to an employee participating in the merit system; and (ii) the Commission may offer to an individual appointed as Inspector General any supplemental employee benefit programs it determines are necessary to recruit and retain an employee who does not participate in the merit system. (4) The Commission may remove the Inspector General by resolution adopted by the affirmative vote of not less than three of its members from each county for neglect of duty, malfeasance, conviction of a felony, or other good cause. (5) The Inspector General shall discharge the duties of office on a full–time basis and with no secondary employment of any nature during their term. (c) (1) Subject to budget authorization, applicable law, and the personnel regulations of the Commission, the Inspector General may select as subordinate staff of the Office one or more: (i) temporary term employees who do not participate in the merit system adopted by the Commission under Title 16, Subtitle 1 of this article; and (ii) other employees who participate in the merit system. (2) Notwithstanding any provision of the personnel regulations to the contrary, an auditor, accountant, investigator, or similar professional employee appointed as subordinate staff of the Office shall be subject to dismissal by the Inspector General only for neglect of duty, malfeasance, conviction of a felony, or other good cause. (d) Subject to budget authorization and the applicable procurement regulations, the Inspector General may retain consultants by contract.

Md. Code, Land Use § 15-504

(a) The Office shall: (1) assist the Commission by providing independent evaluation and recommendations regarding opportunities to: (i) preserve the Commission’s reputation; and (ii) improve the effectiveness, productivity, or efficiency of Commission programs, policies, practices, and operations; (2) ensure public accountability by preventing, investigating, and reporting instances of fraud, waste, and abuse of Commission property or funds; (3) examine, evaluate, and report on the adequacy and effectiveness of the systems of internal controls and their related accounting, financial, technology, and operational policies; and (4) report noncompliance with and propose ways to improve employee compliance with applicable law, policy, and ethical standards of conduct. (b) In developing recommendations, the Office may: (1) conduct administrative investigations, budgetary analyses, and financial, management, or performance audits and similar reviews; (2) provide management advisories; and (3) utilize the assistance from any other government agency or private party to complete a project initiated by the Office. (c) When applicable, the Inspector General shall comply with generally accepted government auditing standards. (d) (1) Except as provided in paragraph (2) of this subsection, the Inspector General shall submit written reports to the Audit Committee and to the Commission for publication on the Commission’s Web site. (2) The Inspector General: (i) may not disclose any record, report, or related information that is protected from disclosure under the Public Information Act; (ii) may provide an oral report if appropriate under generally accepted government auditing standards; and (iii) shall establish and follow procedures for safeguarding the identity of confidential sources and protecting privileged and confidential information. (3) The Commission shall publish with any report submitted by the Inspector General any official written comments or responses offered by the Commission’s management. (4) The Inspector General shall also submit to the Commission for publication on the Commission’s Web site periodic reports that summarize the activities, findings, recommendations, and accomplishments of the Office. (e) If reasonable grounds exist to believe that a serious violation of federal, State, or local law has occurred, the Inspector General shall report the allegation to: (1) an appropriate law enforcement agency; (2) the State Ethics Commission; or (3) any other agency with jurisdiction to enforce the law.

Md. Code, Land Use § 15-505

(a) (1) The Inspector General shall coordinate with the Audit Committee to develop a written work plan and establish periodic goals and priorities for the Office based on an assessment of relative risks. (2) In developing the work plan, the Inspector General shall take into consideration requests from the planning boards, commissioners, Commission officers, managers, and employees, elected officials, and members of the public. (3) The Inspector General shall make the written work plan available to the public, subject to the Public Information Act. (b) In performing the duties authorized under this subtitle, the Inspector General shall coordinate with the park police or other law enforcement agency, agency personnel administrators, the State Ethics Commission, and other internal officials or external entities as appropriate to avoid unnecessary disruption or duplication of effort in conducting any audit, analysis, or administrative investigation.

Md. Code, Land Use § 15-506

(a) The Commission shall include in the Commission’s annual operating budget proposal the amounts recommended by the Audit Committee for the Office. (b) Subject to budget authorization and adequate funds: (1) the Commission’s general counsel shall provide legal services to the Inspector General and may employ special counsel if appropriate or required by law; and (2) the Inspector General may employ and be represented by a special legal counsel without consent of the general counsel if the Audit Committee approves of a request after considering any recommendation or comment offered by the general counsel relating to the request.

Md. Code, Land Use § 15-507

(a) (1) On request from the Inspector General, a Commission employee or official shall promptly provide to the Inspector General any available document or other information concerning Commission operations, budget, programs, or vendor contracts. (2) (i) The Inspector General shall notify the Audit Committee and Commission chair, vice–chair, and executive director if any Commission employee or official fails to provide any information or document requested under this subsection with reasonable promptness. (ii) The Commission chair, vice–chair, or executive director shall take administrative action to produce compliance with a pending request for information by the Inspector General as warranted and appropriate. (b) (1) A vendor of the Commission shall provide to the Inspector General any available document or other information concerning any Commission vendor contract, including documents related to the procurement of the contract. (2) (i) The Inspector General shall promptly notify the Audit Committee and Commission officers if any vendor fails to provide any information or document requested under this subsection with reasonable promptness. (ii) The Commission officers shall take appropriate administrative or civil action to produce vendor compliance with a pending request for information by the Inspector General. (c) (1) Each Commission employee should report any fraud, waste, or abuse to the Office. (2) A Commission employee, vendor, or employee of any vendor may not be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the Inspector General and staff of the Office in connection with any activity authorized under this subtitle. (3) The Inspector General may not disclose the identity of a person that reports an allegation of fraud, waste, or abuse unless: (i) the reporting person consents to disclosure of the person’s identity; (ii) disclosure is reasonably necessary to complete an audit or investigation; or (iii) another person is legally entitled to disclosure of the identity of the reporting person. (d) The Inspector General or a staff member authorized by the Inspector General may administer an oath or affirmation or take an affidavit from any person if necessary to perform the duties under this subtitle. (e) The Commission may adopt regulations to carry out the requirements of this section.

Md. Code, Land Use § 15-508

(a) The Inspector General, or a staff member authorized by the Inspector General, may administer oaths and take depositions and other testimony for the purpose of investigating fraud, waste, or abuse within the Commission. (b) The Inspector General may subpoena any person or evidence for the purpose of investigating fraud, waste, or abuse within the Commission. (c) If a person fails to comply with a lawful order or subpoena issued under this section, on petition of the Inspector General, a court of competent jurisdiction may compel: (1) compliance with the order or subpoena; or (2) testimony or the production of evidence.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026