reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-201 - Bonds Issued by Montgomery Commission

(a)    Montgomery County may provide by local law for the county’s guarantee of the principal and interest on bonds that the Montgomery Commission issues:
(1)    to finance the acquisition, provision, development, or rehabilitation of housing at rental rates and prices not being offered in adequate quantity by the private sector; or
(2)    to finance wholly or partly:
(i)    mortgage loans secured by the housing; and
(ii)    fund-related reserves and costs that are approved under this subtitle.
(b)    When a mortgage loan is financed partly by bonds guaranteed by Montgomery County and partly by bonds not so guaranteed, the part of the mortgage loan that is financed by bonds not so guaranteed shall be insured by:
(1)    the Federal Housing Administration;
(2)    the Maryland Housing Fund;
(3)    a private mortgage insurer that is:
(i)    authorized to do business in the State; and
(ii)    approved by the Federal National Mortgage Association or the Federal National Mortgage Loan Corporation; or
(4)    more than one of these insurers.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-202 - Terms and Conditions of Bond Guarantees

(a)    (1)    The Montgomery Commission shall meet the terms and conditions that the county government imposes in guaranteeing bonds issued under this subtitle and § 12-702 of this article.
(2)    If guaranteed revenue bonds are to finance the total cost of the housing, the Montgomery Commission shall meet any requirements that the county government imposes after the bonds are issued to protect the financial solvency of the housing project.
(b)    The total principal of the bonds guaranteed under this subtitle may not exceed $50,000,000.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-203 - Bonds Subject to County Charter; Exceptions

(a)    Except as provided in subsections (b) and (c) of this section, the bonds authorized to be guaranteed under this subtitle are subject to § 312 of the County Charter.
(b)    The bonds may be structured with:
(1)    substantially level debt service payments; and
(2)    interest-only payments during the projected period for construction or rehabilitation of the housing project financed with bonds issued under this subtitle and § 12-702 of this article.
(c)    (1)    The bonds shall be issued on a serial maturity plan.
(2)    Part of each issue may be sold as term bonds structured with mandatory sinking fund payments, if required for market acceptance and approved by the county government in the manner specified by the County Council resolution adopted under § 16-206 of this subtitle.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-204 - Montgomery Commission to Provide Information to County Executive

(a)    (1)    On determining to issue bonds, the Montgomery Commission shall provide to the County Executive information about the bonds and the housing projects benefiting from the bond proceeds.
(2)    The information shall include:
(i)    the terms and conditions of the bonds;
(ii)    an estimate of the bond interest rate and the basis for the estimate;
(iii)    the estimated timing and other provisions about the advertising and sale of the bonds;
(iv)    a description of the proposed housing project, with detailed estimates of construction and related costs to make it ready to rent or sell;
(v)    detailed estimates of operating costs and debt service;
(vi)    schedules of reserves for depreciation and major maintenance;
(vii)    separate schedules that show how, after allowance for vacancies, revenues are expected to cover:
1.    operating costs;
2.    debt service and capital costs; and
3.    reserves for depreciation and major maintenance;
(viii)    separate schedules that:
1.    show the cost, benefit, and effect on rent schedules of added safeguards to ensure solvency of the housing project;
2.    address devices such as mortgage insurance and debt service reserves; and
3.    state the recommendation of the Montgomery Commission on use of those devices;
(ix)    a description of the terms and conditions for construction of the housing project, including any safeguards against construction default and the conditions under which construction financing is to be provided by the Montgomery Commission; and
(x)    a description of the accounting system for recording and controlling expenditures of bond funds, debt service, operating costs, reserves, and revenues.
(b)    Each housing project shall be established as an independent accounting entity for revenues, expenditures, debt service, and reserves.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-205 - Guarantee Procedures

(a)    The local law implementing this subtitle shall provide procedures for review and approval of the issuance of bonds guaranteed by the county government.
(b)    (1)    The procedures shall include requirements for the County Executive to:
(i)    comment on the feasibility of the proposed bond guarantee and each housing project contemplated by the proposed bond guarantee; and
(ii)    recommend whether the proposed bond guarantee should be approved and any terms and conditions for approval.
(2)    If the County Executive recommends approval, the recommendation shall include a statement that the proposed housing project is fully self-supporting.
(3)    (i)    Except as provided in subparagraph (ii) of this paragraph, a recommendation by the County Executive to approve the proposed bond guarantee shall be supported by an acceptable independent feasibility study or studies that the Montgomery Commission submits.
(ii)    The County Executive may waive the feasibility study requirement for a housing project financed, insured, or assisted by the State or the federal government.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-206 - County Council to Approve, Modify, or Disapprove Bond Guarantees

(1)    After considering the recommendations of the County Executive and holding a public hearing, the County Council shall approve, approve with modifications, or disapprove the proposed bond guarantee.
(2)    The County Council shall state the terms and conditions of an approved bond guarantee, including:
(i)    the maximum interest payable;
(ii)    the terms of the bond issue;
(iii)    the purposes for which the bond proceeds may be expended; and
(iv)    the method of controlling the expenditures of the bond proceeds and the revenues and expenditures for housing projects financed by the bond proceeds.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-207 - County Executive to Concur in or Disapprove Bond Guarantee

(a)    (1)    An approval of a bond guarantee by the County Council shall be submitted to the County Executive within 3 days for concurrence or disapproval.
(2)    If the County Executive does not communicate disapproval and reasons for the disapproval to the County Council within 10 days after receipt of an approval of a bond guarantee from the Council, the Council’s approval shall stand.
(b)    The County Council may override a disapproval of a bond guarantee by a vote of at least six members.
(c)    The County Council may rescind an approval of a bond guarantee by resolution adopted:
(1)    before the advertisement of the bonds; or
(2)    if the sale is to be private, before the earlier of:
(i)    the sale of the bonds; and
(ii)    the distribution of a related offering circular.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-208 - Allocation of Part of Guarantee

(a)    On request of the Montgomery Commission, the county may allocate by local law a part of the total guarantee authorized by this subtitle in an amount that the local law determines.
(b)    (1)    Without further approval by the County Council, the County Executive may approve by executive order the use of all or part of the allocation authorized under subsection (a) of this section as a bond guarantee.
(2)    The Montgomery Commission may then issue bonds guaranteed by as much of the allocation as the County Executive has approved as a bond guarantee, and the proceeds of the bonds shall be used to:
(i)    finance wholly or partly mortgage loans secured by housing; and
(ii)    fund related reserves and costs approved under this subtitle.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-209 - Independent and County-Sponsored Audits

(a)    (1)    The Montgomery Commission shall provide annually to the county government an audit of each housing project financed by bonds guaranteed by the county.
(2)    The audit shall be done by:
(i)    an independent certified public accountant licensed by the State; or
(ii)    a firm of independent certified public accountants licensed by the State.
(3)    The accountant or firm of accountants shall provide appropriate certified financial statements and a management letter on the financial soundness of the housing project.
(b)    The county government may undertake financial and compliance audits on housing projects financed by bonds guaranteed under this subtitle.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 2 - Bonds › Section 16-210 - Validity and Enforceability of Bonds

A bond stating in substance that it has been issued by the Montgomery Commission to help finance a housing project for persons of eligible income shall be considered to have been issued for that purpose in a proceeding in which the validity or enforceability of the bond or the security for the bond is in question.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-301 - Scope of Subtitle

This subtitle does not apply to:
(1)    an attorney in the General Counsel’s office;
(2)    an employee who assists or acts in a confidential capacity for an individual who formulates, determines, or carries out management policies in the field of labor-management relations;
(3)    a Montgomery Commission merit system employee during the employee’s initial probationary period; or
(4)    a supervisor, as defined in § 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11).
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-302 - Bargaining Units

(a)    Montgomery Commission employees are divided into two bargaining units:
(1)    the office/professional/technical unit; and
(2)    the service/labor/trade unit.
(b)    The office/professional/technical unit includes:
(1)    office classification titles in which employees are responsible for communications, recording and retrieving information, and paperwork required in an office;
(2)    professional classification titles in which employees have special or theoretical knowledge that usually is acquired through college training, other training that provides comparable knowledge, or work experience;
(3)    paraprofessional classification titles in which employees perform, in a supportive role, some duties of a professional or technician that usually require less formal training or experience than those duties performed by those with professional or technical status; and
(4)    technical classification titles in which employees have both basic scientific or technical knowledge and manual skill that are usually acquired through specialized postsecondary school education or through equivalent on-the-job training.
(c)    The service/labor/trade unit includes:
(1)    classification titles in which employees:
(i)    perform service and maintenance;
(ii)    may operate specialized machinery or heavy equipment; and
(iii)    have duties that contribute to the comfort and convenience of the public or to the upkeep and care of Montgomery Commission buildings, facilities, or grounds; and
(2)    classification titles in which employees must have a special manual skill and thorough knowledge of processes that are acquired through on-the-job training, experience, apprenticeship, or formal training programs.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-303 - Exclusive Representation of Bargaining Units

(a)    (1)    The Montgomery Commission shall recognize the right of an employee organization certified under this subtitle as the exclusive representative of a bargaining unit to represent the employees of the bargaining unit in collective bargaining and in the settlement of grievances.
(2)    If a single employee organization is certified to represent more than one bargaining unit, the Montgomery Commission shall negotiate a single contract with that organization covering all employees the organization represents.
(b)    (1)    An employee organization certified as the exclusive representative of a bargaining unit shall:
(i)    serve as the only bargaining agent for the unit in collective bargaining; and
(ii)    except as provided in subsection (c) of this section, represent all employees in the unit fairly and without discrimination.
(2)    An employee organization meets the requirements of paragraph (1)(ii) of this subsection as long as its actions are not arbitrary, discriminatory, or in bad faith toward an employee in the bargaining unit.
(c)    (1)    The exclusive representative may require an employee who does not pay membership dues or equivalent fees to pay:
(i)    the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement negotiated under this subtitle brought by the exclusive representative at the request of the employee; and
(ii)    any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.
(2)    Failure by the employee to pay the costs and fees required under paragraph (1) of this subsection shall relieve the exclusive representative of any further responsibility to the employee.
(3)    A dispute concerning the reasonableness of the costs and fees imposed under paragraph (1) of this subsection shall be submitted to the labor relations administrator in accordance with the procedures established under § 16–318 of this subtitle for unfair labor practices.
(d)    (1)    An exclusive representative’s duty of fair representation owed to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of the collective bargaining agreement with the public employer.
(2)    Nothing in this subsection may be construed to limit an employee organization from providing only to the organization’s members legal, economic, or job–related services or benefits outside the collective bargaining agreement.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-304 - Labor Relations Administrator

(a)    The exclusive representative or representatives and the Montgomery Commission shall appoint a labor relations administrator from a list of five nominees on whom they have agreed.
(b)    The term of the labor relations administrator is 5 years.
(c)    A labor relations administrator is eligible for reappointment.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-305 - Exclusive Representative to Submit Copy of Constitution or Bylaws

(a)    An employee organization that is certified or that seeks certification as an exclusive representative shall submit to the labor relations administrator a copy of the employee organization’s constitution and bylaws and any amendment to them.
(b)    The constitution or bylaws shall include:
(1)    a pledge that the employee organization accepts members without regard to age, marital status, national origin, race, religion, disabilities, sexual orientation, or gender;
(2)    the right of members to participate in the affairs of the employee organization;
(3)    procedures for periodic elections of officers by secret ballot;
(4)    fair procedures governing disciplinary actions;
(5)    procedures for the accurate accounting of all income and expenditures;
(6)    a requirement that a certified annual financial report be produced; and
(7)    the right of members to inspect the employee organization’s accounts.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-307 - Employee Eligibility to Vote

(a)    An individual is eligible to vote in an election under this subtitle only if the individual is a Montgomery Commission employee to whom this subtitle applies.
(b)    If the Montgomery Commission and an employee organization dispute the eligibility of an employee in a bargaining unit, the dispute shall be submitted to the labor relations administrator.
(c)    The labor relations administrator shall hold evidentiary hearings at which the Montgomery Commission and interested employee organizations shall have the opportunity to present:
(1)    testimony;
(2)    documentary and other evidence; and
(3)    arguments.
(d)    The decision of the labor relations administrator is final.
(e)    The Montgomery Commission and the employee organization shall share the costs of the hearings equally.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-308 - Collective Bargaining Subjects

(a)    The Montgomery Commission and an employee organization certified as exclusive representative shall meet and engage in collective bargaining in good faith about:
(1)    salary and wages, including the percentage of an increase in the salary and wages budget that will be devoted to merit increments and cash awards, but salaries and wages shall be the same for all employees in the same classification;
(2)    pension and other retirement benefits for active employees;
(3)    employee benefits such as insurance, leave, holidays, and vacations;
(4)    hours and working conditions;
(5)    matters affecting the health and safety of employees;
(6)    the effect of the exercise of the Montgomery Commission’s rights and responsibilities under § 16-314 of this subtitle on employees; and
(7)    provisions for orderly processing and settling grievances about the interpretation and implementation of a collective bargaining agreement that may include:
(i)    provisions for the exclusivity of forum;
(ii)    binding third party arbitration, if:
1.    the Montgomery Commission and the employee organization share the costs of binding arbitration equally; and
2.    the arbitrator does not have authority to amend, add to, or subtract from the collective bargaining agreement.
(b)    This section does not require the Montgomery Commission or the employee organization to agree to any proposal or to make any concession.
(c)    (1)    The Montgomery Commission and an employee organization certified as exclusive representative:
(i)    shall begin collective bargaining on or before September 1 in the fiscal year before the beginning of a fiscal year for which an agreement has not been reached; and
(ii)    shall complete collective bargaining on or before the following February 1.
(2)    During the period set forth in paragraph (1) of this subsection, the parties shall negotiate in good faith.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-309 - Negotiability Disputes

(a)    If a party considers that a bargaining proposal contravenes the rights and duties of the Montgomery Commission under § 16–314 of this subtitle or otherwise violates this subtitle, the party shall petition the labor relations administrator for a determination of whether the bargaining proposal is a negotiability dispute that contravenes this subtitle.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the procedure for resolving a negotiability dispute shall follow the procedure for reviewing unfair labor practice charges.
(2)    The labor relations administrator may shorten the time periods or order any expedited procedure appropriate under the circumstances.
(c)    The labor relations administrator may order a party to withdraw all or part of a bargaining proposal that contravenes this subtitle.
(d)    A decision and order under this section is final unless it is appealed for being arbitrary, capricious, or exceeding the authority of a party.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-311 - Mediator Panels

(a)    A mediator panel may be used in collective bargaining when:
(1)    the Montgomery Commission and the employee organization agree to mediation; or
(2)    an impasse results, and the Montgomery Commission or the employee organization requests mediation.
(b)    (1)    The Montgomery Commission and the employee organization shall:
(i)    each choose one mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service; and
(ii)    together choose a third mediator from a list supplied by the American Arbitration Association or the Federal Mediation and Conciliation Service.
(2)    If the Montgomery Commission and the employee organization cannot agree on a jointly appointed mediator, the labor relations administrator shall choose the third mediator.
(c)    The Montgomery Commission and the employee organization shall share the costs of mediation equally.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-312 - Collective Bargaining Agreements

(a)    (1)    The Montgomery Commission and an employee organization certified as the exclusive representative of a bargaining unit shall execute a collective bargaining agreement incorporating all matters of agreement on wages, hours, and other terms and conditions of employment.
(2)    If a collective bargaining agreement provides for a grievance procedure, that grievance procedure shall be the only procedure for employees in the bargaining unit.
(3)    The collective bargaining agreement may include an agency shop or other union security provision.
(b)    The collective bargaining agreement supersedes any conflicting regulation or administrative policy of the Montgomery Commission.
(c)    A collective bargaining agreement takes effect on the approval of the Montgomery Commission and the membership of the employee organization representing the bargaining unit.
(d)    A single year or multiple–year collective bargaining agreement shall expire at the close of the appropriate fiscal year.
(e)    If a provision in a collective bargaining agreement is ruled invalid or is not funded adequately, the rest of the agreement remains in effect unless reopened under § 16–313(b) of this subtitle.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-313 - Funding for Collective Bargaining

(a)    The Montgomery Commission shall include in its annual proposed operating budget adequate funding to carry out a collective bargaining agreement.
(b)    (1)    Unless the Montgomery Commission’s budget is funded adequately to carry out the terms of the collective bargaining agreement, the Montgomery Commission and the employee organization shall reopen the negotiated agreement and bargain about the provisions of the agreement not approved by the Montgomery Commission.
(2)    The bargaining shall begin within 5 days after the final budget of the Montgomery Commission has been adopted.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-315 - Prohibitions Against Employee Organizations

(a)    An employee organization may not:
(1)    interfere with, restrain, or coerce any employee in the employee’s exercise of a right under this subtitle;
(2)    cause or attempt to cause the Montgomery Commission to discriminate against an employee in the employee’s exercise of a right under this subtitle;
(3)    coerce, discipline, fine, or attempt to coerce a member of an employee organization as punishment or reprisal;
(4)    coerce, discipline, fine, or attempt to coerce a member of an employee organization to impede the member’s work performance;
(5)    refuse to negotiate in good faith with the Montgomery Commission as required by this subtitle; or
(6)    fail or refuse to cooperate in impasse procedures and impasse decisions as required by this subtitle.
(b)    An individual may file an unfair labor charge against an employee organization for a violation of subsection (a)(3) or (4) of this section only if the individual is a Montgomery Commission employee to whom this subtitle applies.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-316 - Rights of Montgomery Commission Employees

(a)    Employees of the Montgomery Commission retain the right to:
(1)    form, join, or assist an employee organization;
(2)    bargain collectively through a representative that the employees have chosen;
(3)    engage in other lawful concerted activities for the purpose of collective bargaining; or
(4)    refrain from an activity covered under this subsection.
(b)    When an employee has a grievance under a collective bargaining agreement, the employee may present the grievance to the Montgomery Commission but may do so only through the employee organization certified as the exclusive representative for the bargaining unit.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-317 - Strikes

(a)    In this section, “strike” means the action of an employee, in concert with others, to:
(1)    refuse to report to work;
(2)    stop or slow down work; or
(3)    abstain wholly or partly from the full, faithful, and proper performance of duties when the object is to induce, influence, or coerce a change in the terms, conditions, rights, or privileges of employment.
(b)    A Montgomery Commission employee, a group of Montgomery Commission employees, or an employee organization may not engage in, induce, initiate, or ratify a strike by Montgomery Commission employees.
(c)    If a strike occurs, on request of the Montgomery Commission, a court of competent jurisdiction may enjoin the strike.
(d)    An employee may not receive compensation from the Montgomery Commission while the employee is engaged in a strike.
(e)    (1)    If an employee engages in, induces, initiates, or ratifies a strike, the Montgomery Commission may take appropriate disciplinary action against the employee, including suspension or discharge.
(2)    The labor relations administrator shall hold a hearing on the disciplinary action at which the Montgomery Commission, the employee, and any interested employee organization may present evidence and argument.
(f)    (1)    If the labor relations administrator finds after a hearing that an employee organization certified as an exclusive representative assisted, authorized, or initiated a strike involving the refusal of Montgomery Commission employees to report for work, the labor relations administrator shall revoke the certification of the employee organization.
(2)    An employee organization decertified under paragraph (1) of this paragraph may not be recertified for 2 years after the end of the strike.
(3)    If the labor relations administrator finds after a hearing that an employee organization certified as an exclusive representative assisted, authorized, or initiated any other kind of strike, the labor relations administrator may revoke the certification of the employee organization for up to 1 year from the end of the strike.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-318 - Unfair Labor Practices

(a)    It is an unfair labor practice for the Montgomery Commission or an employee organization certified as an exclusive representative of a bargaining unit to violate the rights of a Montgomery Commission employee under this subtitle.
(b)    Within 30 business days after an alleged unfair labor practice occurs, the party charging the unfair labor practice shall submit the charge in writing to the labor relations administrator and the party alleged to have committed the unfair labor practice.
(c)    (1)    Within 15 business days after a party submits an unfair labor practice charge, the party shall ask the labor relations administrator to hold a hearing and decide whether an unfair labor practice has occurred.
(2)    The labor relations administrator shall hold a hearing and make findings of fact and conclusions of law.
(d)    (1)    If the labor relations administrator finds that a party has committed an unfair labor practice, the labor relations administrator shall:
(i)    order that party to cease and desist from the unfair labor practice; and
(ii)    order all relief necessary to:
1.    remedy the violation of this subtitle; and
2.    make whole any injured employee or party and restore the employee or party to the position or condition in which the employee or party would have been but for the violation.
(2)    Relief may include reinstatement, restitution, back pay, and injunctions.
(3)    Relief may not include attorney fees, punitive damages, consequential damages, or damages for pain, suffering, or emotional distress.
(e)    The decision of the labor relations administrator is final unless appealed on the basis of being arbitrary, capricious, or exceeding authority.
(f)    If the labor relations administrator finds that the party charged with the unfair labor practice has not committed any prohibited practice, the labor relations administrator shall issue an order dismissing the charges.
(g)    The Montgomery Commission and the employee organization shall share the cost of any unfair labor practice proceeding equally.
(h)    If the party found to have committed the unfair labor practice fails or refuses to comply with the labor relations administrator’s decision, the charging party may file an action to enforce the order with the circuit court for a county in which any of the involved employees work.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 3 - Collective Bargaining › Section 16-319 - Personal Opinions

(a)    This section applies to the expression of any personal view, argument, or opinion or the making of any personal statement that:
(1)    does not contain a threat of reprisal, force, or promise of benefit;
(2)    was not made under coercive conditions; and
(3)    (i)    publicizes a representational election or encourages employees to exercise their right to vote in the election;
(ii)    corrects the record with respect to a false or misleading statement made by any person; or
(iii)    informs employees of the Montgomery Commission’s policy about labor–management relations and representation.
(b)    The expression of any personal view, argument, opinion, or statement described in subsection (a) of this section is not:
(1)    an unfair labor practice under this subtitle; or
(2)    grounds for setting aside an election held under this subtitle.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 4 - Service Contracts › Section 16-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Adversely affect” means:
(i)    the elimination of more than two employee positions assigned to perform bargaining unit work if the positions are authorized, fully funded, and either vacant for less than 90 calendar days or occupied at the time the Montgomery Commission solicits a service contract;
(ii)    a permanent and involuntary reduction below the number of hours for regular full–time employment for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Montgomery Commission solicits a service contract;
(iii)    a permanent and involuntary reduction in the pay grade for more than five employees currently assigned to a regular full–time work schedule to perform bargaining unit work when the Montgomery Commission solicits a service contract; or
(iv)    a permanent and involuntary reduction in the base pay or fringe benefits otherwise applicable to a job classification covering more than five employees currently assigned on a full–time basis to perform bargaining unit work when the Montgomery Commission solicits a service contract.
(2)    “Adversely affect” does not include any action by the Montgomery Commission taken in accordance with:
(i)    a bona fide disciplinary proceeding;
(ii)    a collective bargaining agreement then applicable in accordance with § 16–312 of this title; or
(iii)    a reallocation or reassignment to other bargaining unit work or other duties that does not result in a change in job classification or grade.
(c)    “Bargaining unit work” means work duties assigned or allocated to any position occupied within the preceding 90 calendar days by an employee who is represented by a certified representative.
(d)    “Certified representative” means an employee organization certified as the collective bargaining representative of Montgomery Commission employees in accordance with § 16–306 of this title.
(e)    “Executive Director” means the Executive Director of the Montgomery Commission.
(f)    “Service contract” means a procurement contract for services that will be provided to the Montgomery Commission.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 4 - Service Contracts › Section 16-404 - Requirements

(a)    The Executive Director  may not certify that the Montgomery Commission has complied with the requirements of this subtitle unless the Montgomery Commission:
(1)    has taken steps to consider alternatives to the service contract, including reorganization, reevaluation of service, and reevaluation of performance;
(2)    has consulted with the certified representative of any Montgomery Commission employees who will be adversely affected if the Montgomery Commission enters into the service contract; and
(3)    has demonstrated, based on a cost comparison analysis utilizing good faith estimates, that the Montgomery Commission will save, by entering into a service contract, at least an amount equal to the lesser of $200,000 or 20% of the estimated net present value of the cost of the service contract.
(b)    The Montgomery Commission shall estimate and compare at least the following in the cost comparison analysis:
(1)    direct costs, including fringe benefits and the assumption that the contractor will pay employees who perform work under the service contract, at a minimum, the county living wage rate for Montgomery County;
(2)    indirect overhead costs properly allocable to the bargaining unit work or service contract according to generally accepted accounting principles; and
(3)    any costs associated with unemployment compensation or outplacement assistance for displaced employees.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 4 - Service Contracts › Section 16-405 - Plan of Outplacement Assistance

(a)    The Montgomery Commission shall provide not less than 60 days’ advance notice and maintain at all times a formal plan of outplacement assistance for each Montgomery Commission employee who is represented by a certified representative and will be adversely affected by a service contract that is subject to this subtitle.
(b)    The plan described in subsection (a) of this section shall include:
(1)    efforts to transfer or place each adversely affected Montgomery Commission employee in a vacant Montgomery Commission position that the employee is qualified to perform;
(2)    a requirement in the service contract that the contractor shall:
(i)    notify the Montgomery Commission of any vacant position for which displaced Montgomery Commission employees may apply; and
(ii)    consider and give preference to hiring displaced  Montgomery Commission employees; and
(3)    written notification of the anticipated adverse effect on one or more job classifications to the certified representative at least 90 calendar days before the anticipated adverse effect will occur.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 16 - Montgomery County › Subtitle 4 - Service Contracts › Section 16-407 - Penalties for Failure to Comply With Subtitle

(a)    (1)    If the Montgomery Commission fails to comply with any provision of this subtitle and a Montgomery Commission employee is adversely affected, the certified representative of the employee may file an appeal on the record on behalf of the employee before the State Office of Administrative Hearings in accordance with the contested case provisions of the Administrative Procedure Act, Title 10, Subtitle 2 of the State Government Article.
(2)    (i)    If the hearing officer finds that the Montgomery Commission was arbitrary and capricious in soliciting or entering into a service contract that is subject to the requirements of this section, and the Montgomery Commission employee has been adversely affected, the hearing officer may award the employee actual damages for back pay and front pay for a combined period of up to 2 years beginning on the date the employee was first adversely affected, provided that the employee is obligated to mitigate the actual damages.
(ii)    The award of actual damages authorized under this paragraph shall be the sole and exclusive remedy for a violation of this subtitle that is available to the employee, and no liability shall accrue for punitive damages, consequential damages, or damages for emotional distress or pain and suffering.
(b)    Noncompliance with this section may not invalidate a contract award or proposed contract award that the Montgomery Commission has otherwise validly awarded or issued.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 17 - Prince George's County › Section 17-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Continuing care facility” means a facility in which shelter and medical and nursing services or other health related services are made available:
(1)    to an individual who is 60 years old or older and not related by blood or marriage to the provider;
(2)    for the life of the individual or for a period exceeding 1 year; and
(3)    under a written agreement that requires a transfer of assets or an entrance fee, notwithstanding periodic charges.
(c)    (1)    “Housing project” means a work or undertaking to provide decent, safe, and sanitary urban or rural apartments, or other housing for the persons of eligible income who live in the area of the housing.
(2)    “Housing project” includes buildings, land, equipment, facilities, and other real or personal property that is planned, acquired, owned, used, developed, reconstructed, rehabilitated, or improved to provide:
(i)    the housing; or
(ii)    the necessary, convenient, or desirable:
1.    appurtenances, streets, roads, sewers, water service, parks, site preparation, or gardening; or
2.    supporting public or private administrative, commercial, educational, cultural, recreational, welfare, community, or civic facilities that are needed for sound community development.
(d)    “Person of eligible income” means an individual or a family that:
(1)    lives in the area of operation of the Prince George’s Authority that undertakes a housing project; and
(2)    as determined by the Prince George’s Authority, lacks sufficient income without financial assistance to live in decent, safe, and sanitary housing without overcrowding.
(e)    “Prince George’s Authority” means the Housing Authority of Prince George’s County.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 17 - Prince George's County › Section 17-105 - Membership

(a)    (1)    The Prince George’s Authority consists of seven Commissioners nominated by the County Executive and confirmed by the County Council.
(2)    The County Council shall hold a public hearing before voting whether to confirm each nominee.
(b)    (1)    The term of a Prince George’s Authority Commissioner is 5 years.
(2)    The terms of Commissioners are staggered as required by the terms of the members serving on October 1, 2006.
(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 that term and until a successor is appointed and qualifies.
(c)    The County Executive may remove a Commissioner with the approval of the County Council of Prince George’s County.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 18 - Queen Anne's County › Section 18-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Board of County Commissioners” means the Board of County Commissioners of Queen Anne’s County.
(c)    (1)    “Housing project” means a work or undertaking to provide housing for persons of eligible income.
(2)    “Housing project” includes:
(i)    buildings, land, improvements, and other real or personal property that is planned, acquired, owned, used, developed, reconstructed, rehabilitated, or improved; and
(ii)    streets, roads, sewers, water service, and supporting public or private commercial, educational, cultural, recreational, community, and civic facilities that are needed for sound community development.
(d)    “Person of eligible income” means an individual or a family that lacks sufficient income or assets without financial assistance to live in decent, safe, and sanitary housing without overcrowding.
(e)    “Queen Anne’s Authority” means the Housing Authority of Queen Anne’s County.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 18 - Queen Anne's County › Section 18-104 - Actions Required of Board of County Commissioners

(a)    This section does not apply if its application would disqualify the State or a county from receiving federal money.
(b)    (1)    The Board of County Commissioners shall:
(i)    adopt policies, regulations, or amendments that are necessary to implement:
1.    federally or State assisted housing programs; and
2.    locally funded housing programs undertaken in accordance with this Division II;
(ii)    review and approve each housing project that the Queen Anne’s Authority proposes before the housing project is started; and
(iii)    establish maximum income limits for persons of eligible income.
(2)    For special housing projects, the Board of County Commissioners may establish exceptions to the maximum income limits for persons of eligible income.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 18 - Queen Anne's County › Section 18-105 - Powers of Queen Anne's Authority

(a)    Subject to the power of the Board of County Commissioners under § 18-104 of this title, the Queen Anne’s Authority, in addition to the powers listed elsewhere in this Division II or any other law, may:
(1)    make mortgage loans;
(2)    make rent subsidy payments to or for persons of eligible income;
(3)    make construction loans and long-term mortgage loans to a person to produce housing for persons of eligible income; or
(4)    waive maximum income limits for persons 65 years of age or older.
(b)    The Queen Anne’s Authority may sell its bonds at public or private sale in the manner and on the terms that it authorizes by resolution.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 19 - St. Mary's County › Section 19-102 - Housing Authority of St. Mary's County

(a)    The Housing Authority of St. Mary’s County is a public body corporate and politic that:
(1)    exercises public and essential governmental functions; and
(2)    has all the powers necessary or convenient to carry out the purposes of this Division II.
(b)    (1)    The Housing Authority of St. Mary’s County consists of seven members appointed by the Commissioners for St. Mary’s County.
(2)    The term of a member is 5 years.
(3)    The terms of the members are staggered as required by the terms provided for members of the Commissioners of the Housing Authority of St. Mary’s County on October 1, 2006.
(4)    A 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.
2023 Maryland Statutes › Housing and Community Development › Division II - Housing Authorities › Title 21 - Washington County › Section 21-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Board of County Commissioners” means the Board of County Commissioners of Washington County.
(c)    (1)    “Housing project” means a work or undertaking that is planned, acquired, owned, used, developed, constructed, reconstructed, rehabilitated, or improved to provide:
(i)    housing of which a substantial part shall be for persons of eligible income; and
(ii)    streets, roads, sewers, water service, and other supporting public or private commercial, educational, cultural, recreational, community, or civic facilities that are needed for sound community development.
(2)    “Housing project” includes lands, buildings, improvements, and other real or personal property.
(d)    “Person of eligible income” means an individual or family who the Washington Authority determines lacks sufficient income or assets without financial assistance to live in decent, safe, and sanitary housing without overcrowding.
(e)    “Washington Authority” means the Housing Authority of Washington County.