(a) Scope. This Section applies to acting:
(2) Chief Administrative Officers;
(3) Heads of departments and principal offices;
(4) Holders of any other position in the Executive Branch designated by law as a non-merit position; and
(5) Executive Directors of the Office of the County Council.
(b) Powers. Acting officials have all of the powers of permanent officials except that:
(1) Those powers may be limited by law, or by the terms of an appointment during a temporary absence or disability; and
(2) An acting Chief Administrative Officer becomes acting County Executive only if the County Executive authorizes that succession.
(c) Application of merit system laws. If the merit system laws applied to an employee before that employee became an acting official:
(1) The limitations in the merit system laws on how long an employee may serve as an acting official continue to apply; and
(2) The status of the employee in the merit system does not change.
(d) Acting County Executive.
a. The County Executive should maintain a list of successors naming employees of the Executive Branch who may serve as acting County Executive. The list should contain at least 2 names and must describe the order of succession.
b. In order to be effective, the County Executive must file these names with the Council and publish them in the Montgomery County Register as soon as reasonably possible.
a. There is a vacancy in the position of County Executive if the County Executive:
3. Becomes disqualified under Section 203 of the Charter or State law; or
4. Is removed under Section 206 of the Charter or State law.
b. If there is a vacancy in the position of County Executive, the Chief Administrative Officer is acting County Executive.
c. If the Chief Administrative Officer is unavailable, the acting County Executive is the person designated by the list of successors.
(3) Temporary Absence or Disability.
a. The County Executive may name in writing someone in the Executive Branch who is the acting County Executive while the County Executive is temporarily absent or disabled.
b. If the County Executive has not named someone in writing, the acting County Executive is the person designated by the list of successors.
c. If all designated successors are unavailable, the Chief Administrative Officer is the acting County Executive.
(e) Acting Chief Administrative Officer, heads of departments and principal offices, and other non-merit positions in the Executive Branch.
(1) The County Executive may name an acting Chief Administrative Officer, head of a department or principal office, or any other position in the Executive Branch designated by law as a non-merit position, if:
a. A position is vacant; or
b. The incumbent is temporarily absent or disabled.
(2) The Chief Administrative Officer, heads of departments and principal offices may name their own acting successors who will serve if:
a. The County Executive has not named someone; and
b. The incumbent is temporarily absent or disabled.
(3) The head of the department or principal office names the acting successor for any department or office employee holding a position designated by law as a non-merit position if:
a. the County Executive has not named someone; and
b. the incumbent is temporarily absent or disabled.
(4) Except as provided for in paragraph (e)(5), if a department or principal office does not have a permanent or acting Director, the Chief Administrative Officer directly supervises the Department or principal office.
(5) The following limitations apply to acting Directors.
a. An acting Chief Administrative Officer, acting head of a department or principal office, and an acting holder of any other position in the Executive Branch designated by law as a non-merit position, must be a County employee when named.
b. An acting Director of the Department of Finance must be an employee of the Department.
c. An acting County Attorney must be licensed to practice law in Maryland.
(f) Executive Director of the Office of the County Council.
(1) If the position of Executive Director of the Office of the County Council is vacant, the Council may appoint an acting Executive Director.
(2) (A) If the Executive Director of the Office of the County Council becomes temporarily absent or disabled, the Council may appoint an acting Executive Director.
(B) If the Council does not appoint an acting Executive Director of the Office of the County Council under this paragraph, the Executive Director may appoint an acting Executive Director.
(3) An acting Executive Director of the Office of the County Council, who is not a merit system employee, must be a professionally qualified administrator.
(g) Time limit. No one may serve as an acting official for more than 6 months in any one- year period unless a majority of councilmembers in office votes to extend the limit and the Merit System Protection Board grants any other approval required by the merit system laws. This time limit does not apply to an acting County Executive.
(1) The County Executive may remove an acting official in the Executive Branch at any time.
(2) The Council may remove an acting Executive Director of the Office of the County Council at any time. (1986 L.M.C., ch. 37, § 1; 1987 L.M.C., ch. 28, § 4; 1995 L.M.C., ch. 13, § 1; , § 1; , §1.)
Editor’s note—See County Attorney Opinion dated explaining that a non-merit position in the Animal Control Division need not be filled.
