The Montgomery County Council decided Tuesday against placing two proposed questions on the November ballot that would have asked voters to decide whether to amend the county’s charter concerning how many councilmembers must approve a tax increase and how certain government positions are appointed.
Councilmembers Sidney Katz (D-Dist. 3) and Gabe Albornoz (D-At-large) had sponsored a resolution that would have changed the number of councilmember votes needed to approve certain budget decisions. That resolution was based on a recommendation from the county’s Charter Review Commission.
The 11-member Charter Review Commission is appointed by the council and is tasked with presenting a report to the council in May of every even-numbered year and to present proposed amendments that members believe should be made to the county charter. However, a councilmember must sponsor an amendment for it to appear on the ballot.
The council voted 6 to 5 against a placing on the ballot a question on the proposed resolution regarding council votes on the annual county budget. Under the proposal:
- At least two-thirds of councilmembers would need to approve an operating budget that exceeds the total of the previous year’s operating budget, a change from the current requirement of approval by seven councilmembers;
- At least two-thirds of councilmembers would need to approve passing an operating budget that exceeds spending affordability guidelines, a change from the current requirement of approval by eight councilmembers; and
- At least two-thirds of councilmembers would need to approve passing an increase in the property tax rate, a change from the requirement that all councilmembers must approve the increase.
Under the current model of the 11-member council, two-thirds would be equivalent to at least eight votes.
While Katz sponsored the proposal, he told councilmembers Tuesday he would no longer vote for it. Katz said his goal was to put forth the commission’s recommendation, but that did not mean he endorsed it.
“The expression ‘no good deed goes unpunished’ is today very appropriate for me,” Katz said. “There’s been misinformation from day one on this that we’re attempting to raise taxes, which is not my intention at all.”
Alternatively, Albornoz said he would still support it.
“It is the recipe for chaos to leave open the possibility that just one member of this body can hold up an entire fiscal year’s operating budget,” Albornoz said, referencing the current county charter that requires a unanimous vote on property tax increases.
The proposal was controversial, with several community members at a July 16 public hearing said they were concerned it would make it easier to raise taxes.
Albornoz and fellow councilmembers Will Jawando (D-At-large), Kristin Mink (D-Dist. 5), Laurie-Anne Sayles (D-At-large) and Vice President Kate Stewart (D-Dist. 4) voted to place the budget vote question on the ballot, but were outvoted by Katz, Marilyn Balcombe (D-Dist. 2), Evan Glass (D-At-large) Natali Fani-González (D-Dist. 6), Dawn Luedtke (D-Dist. 7) and council President Andrew Friedson (D-Dist. 1).
Another proposed charter amendment, recommended by the commission and sponsored by Katz, would amend the county charter to automatically confirm any appointment made by the county executive to a non-merit position if the council has not voted on the appointment within 60 days after receiving a nomination from the county executive.
According to the county code, non-merit positions include directors of the regional services centers, the director of the Office of Community Partnership and the director of strategic partnerships, assistant chief administrative officers and special projects managers.
The motion was withdrawn Tuesday after councilmembers expressed a lack of interest in moving forward with it.
Friedson noted that the council has only let one appointment expire in the past year. That was when County Executive Marc Elrich (D) nominated Montgomery County Fire and Rescue Service (MCFRS) Division Chief Charles Bailey to be the department’s new chief. Elrich could have renewed the nomination, but chose to drop it. Elrich ultimately nominated a new candidate, Corey Smedley, who previously served fire departments in Prince George’s County and the city of Alexandria. The council confirmed his appointment as fire chief earlier this month.