BOE Candidate Keeps PTA President Position, Includes 5 Councilmembers in Elem. School Culture Night event. Is this a campaign rally or a PTA event for kids?

The Montgomery County Council of PTAs (MCCPTA) Bylaws states that when an officer of the organization files for candidacy for public office they are to resign within a week. 

Individual PTA Bylaws also have language that speaks to how the organization handles it when an officer files for candidacy for public office.

At North Chevy Chase Elementary School, the PTA Bylaws state that members in their official capacities shall not, directly or indirectly, participate or intervene...in any political campaign on behalf of...any candidate for public office...

And yet, at North Chevy Chase Elementary School (NCCES) we see what is typically a night devoted to spotlighting the heritage of students turned into what looks like a campaign event.  20 MINUTES of the 2 hour Culture and Heritage Night are being turned over to 5 County Councilmembers and 10 minutes will be spent hearing from a current candidate for a Board of Education seat.  

The NCCES Culture and Heritage Night is being run by a current candidate for the Montgomery County Board of Education, Rita Montoya.  Rita Montoya is currently the PTA President at North Chevy Chase Elementary School and is actively maintained that position while campaigning.  

Montoya uses her PTA position in her campaign materials.  Montoya's day job is General Counsel and Founder of Cannabis Patient Advocacy Association but that position is not stated on her campaign information.   

Here's how the Culture and Heritage Night is being advertised to NCCES students and parents: 

But here's what the proposed Agenda for the NCCES Culture and Heritage Night looks like. Students and their families are in for a surprise.

For reference, here's what a typical MCPS elementary school Culture and Heritage or International Night looks like: 

Is the May 2, 2024, School Culture Night at North Chevy Chase Elementary School a student centered, PTA event or a campaign event?

Council Will Not Require Oaths for MCPS Officials During Upcoming Meeting [Council Did Not Vote on This in Public.]

The county council will not require school system officials to testify under oath during a meeting Thursday about a recently-released report that found deficiencies with how Montgomery County Public Schools (MCPS) handles complaints...

https://www.mymcmedia.org/council-will-not-require-oaths-for-mcps-officials-during-upcoming-meeting/

What’s next for MCPS Superintendent McKnight?

...Additionally, Parents’ Coalition of Montgomery County—an MCPS watchdog group—pointed out that Montgomery County Code states that the council has the power to issue subpoenas and administer the oath to any witness examined before the council...

https://moco360.media/2024/01/26/whats-next-for-mcps-superintendent-mcknight/

Montgomery County councilmember says unredacted report on former MCPS principal should be released

 https://www.fox5dc.com/video/1402277

"The county council shall have power to issue subpoenas for witnesses, and the president thereof shall have power to administer the oath to any witness who may be examined before the council, such oath to have all the qualities of an oath taken before any other judicial tribunal or officers, and violations thereof to be punishable as other perjuries are punishable."

The Montgomery County Council claims that they will be holding an "oversight hearing" on February 8, 2024, to review the Montgomery County Inspector General's report on MCPS.

Oversight? Really or just more theater?  

The Montgomery County Council could hold a real oversight hearing by issuing subpoenas to witnesses and administering oaths to witnesses that appear at the hearing.  

But will they? 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Montgomery County Code

Sec. 2-20. Power to subpoena witnesses and administer oaths.

   (a)   The county council shall have power to issue subpoenas for witnesses, and the president thereof shall have power to administer the oath to any witness who may be examined before the council, such oath to have all the qualities of an oath taken before any other judicial tribunal or officers, and violations thereof to be punishable as other perjuries are punishable.

   (b)   All council subpoenas shall be executed by the council president or a duly authorized designee and may be served by the sheriff of the county or any person who could lawfully serve a subpoena in a civil case.

   (c)   Failure to comply with a subpoena duly issued under this section shall be a misdemeanor and any person, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or sentenced to not more than six (6) months in jail, or both; in addition thereto, the county may institute injunctions, mandamus or any other appropriate actions or proceeding of law or in equity to require compliance with a subpoena duly issued under this section.

 (Mont. Co. Code 1965, § 2-22; 1910, ch. 484, § 177T; 1912, ch. 790, § 474; 1978 L.M.C., ch. 20, § 1.)

https://codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-117249

Only 2 Montgomery council members ask county, state to handle MCPS inquest

 

Two members said that government inspectors general, not a law firm the school district hired, should investigate its handling of allegations against Principal Joel Beidleman

Two Montgomery County Council members requested Monday that state and county watchdogs investigate the county school system’s handling of reported allegations of sexual harassment, bullying and retaliation by former Farquhar Middle School principal Joel Beidleman...

https://wapo.st/3skifXZ

EXCLUSIVE: @pcmc1 Makes Public Resumes for All Planning Board Candidates including Harris, Fosselman & Riemer after DELETION by @mococouncil

This Agenda packet was released on Friday, April 28, 2023, and then DELETED from the Montgomery County Council website. The document was not replaced with an update, it was just deleted so that the public could not read the packet in advance of the May 2nd Council meeting to interview 3 candidates for Montgomery County Planning Board Chair and candidates for Planning Board Commissioner seats.

We obtained a PDF of the Agenda packet and have made it available to the public.  The public has a right to be a part of the public appointment process. 

20230502_1-8 CVs Montgomery County Council candidates for Planning Board by Parents' Coalition of Montgomery County, Maryland on Scribd

Montgomery College Down 9,010 Students Since 2010. From 26,147 credit students to 17,137.

Parents' Coalition of Montgomery County, Maryland: UPDATED: Montgomery College Enrollment Continues Dropping as MCPS Enrollment Increases (parentscoalitionmc.blogspot.com)

2022: Councilmembers Laurie-Ann Sayles, Evan Glass, and Will Jawando all said they would SUPPORT the Montgomery County Office of People's Counsel.

While campaigning for a seat on the Montgomery County Council, all three of these now elected Councilmembers said they would support the Office of People's Counsel. 

Now that a vote on the funding of this office is before them, will they keep their promises? 

Update: 40 Years of Kids in Classroom Trailers @mcps

32 Years of Kids in Classroom Trailers @mcps: Parents' Coalition of Montgomery County, Maryland

County Council wants Planning Board member who would push for elimination of single-family zoning & parking requirements.

In 2022, Montgomery County Council's Planning Board appointee James Hedrick posted the following statement on Twitter in response to a Tweet about climate change from Montgomery County Councilmember Evan Glass.

Fact: climate change is causing more flooding in the D.C. region.

We must reduce our carbon emissions, green our buildings and transportation networks, and upgrade our sewer systems.

There’s no time to wait.

— Evan Glass (@EvanMGlass) August 10, 2022

Council wants Planning Board Member that will Overcrowd Schools: Council's Pick James Hedrick for Planning Board Supports Elimination of Housing Moratoriums in Areas with Crowded Schools.

Richard Montgomery High School parking lot classroom trailers.

More on why Montgomery County Executive Marc Elrich would veto the Montgomery County Council's selection of James Hedrick as a member of the Montgomery County Planning Board. 

~~~~~~~~~~~~~~~~

Elrich to Council: I Matter

...It’s also not surprising that he would veto [James] Hedrick.  I can’t speak to Elrich’s characterization of Hedrick’s temperament and social media statements.  But consider Hedrick’s responses to Greater Greater Washington’s questionnaire.  His positions included:

Wanting to build more than 100,000 housing units by 2040, a larger number than the planning department’s target of 60,000.

Support for the recently passed Thrive 2050 development plan.

Support for legalizing duplexes countywide.

Support for eliminating housing moratoriums in areas with crowded schools...

Elrich to Council: I Matter - Montgomery Perspective

MoCo County Council Forgets to Check Backgrounds on Top Candidates for Planning Board.

This week the Montgomery County Council is setting a really bad example for students. They forgot to do their homework.  

In this case that means that the County Council released a list of the names of their "top" candidates to fill the vacant Montgomery County Planning Board seats without researching the candidates.

Just a few simple Internet searches would have yielded important information, such as tax liens.   

Why do personal liens matter on candidates for Planning Board positions? It's always a concern to put someone in a position of power that might have some vulnerabilities related to their personal financial status.  

Not only did they County Council forget to do their homework on their "top" candidates, but they are also blatantly violating Maryland law with regard to the appointment process for Planning Board vacancies.  

This week the Montgomery County Council is hell bent on showing the next generation how to violate the law, eliminate transparency and ignore ethics. Is their goal to show future generations what not to do? 

BREAKING: 9 Groups + Mayor Sign Letter to @MoCoCouncilMD Calling for 1- Council to Follow MD Law, 2- Independent Investigation of Planning Board

Open Letter to County Council of Montgomery County, MD

October 21, 2022

Dear Council President Albornoz and Members of the County Council,

We are writing in light of the recent resignation of all five Montgomery County M-NCPPC

(Planning Board) Commissioners. According to an October 12 press release, the Council

President stated: “The Council has lost confidence in the Montgomery County Planning Board

and accepted these resignations to reset operations.”

On October 11, the day the Council decided to seek these resignations, seven various land use

changes were under consideration – some of which will impact the County for a generation

and beyond, including six zoning text amendments (ZTA) and Thrive 2050 – prior to October 31,

after which time by State Law these decisions must be left to the incoming members of the new

Council. Since October 11, the Council has adopted four of these ZTAs.

If the Council “lost confidence” in the fired Commissioners who authored these land-use plans

and recommendations, how can the Council have confidence in what the fired Commissioners

have written and edited, and that proper procedure was and is followed?

We the undersigned urge the Council, in its capacity as County Council and District Council, to

suspend any and all further action on any pending zoning amendments or zoning legislation

until:

1. A new Planning Board comprised of five permanent members is duly appointed in

accordance with Maryland Land Use Code §15-103; and,

2. The Council publicly releases a full and independent investigation to assure that all

Planning Board management policies, procedures and controls were in place and

properly followed in the preparation of these seven Planning Board recommendations

and plans.1

Respectfully,

(In Alphabetical Order)

Biodiversity for a Livable Climate Montgomery Countryside Alliance

Citizens Coordinating Committee on

Friendship Heights

Montgomery County Coalition for the Control

of Cell Towers

Community Vision For Takoma 

North Potomac Citizens Association

Huntington Terrace Citizens Association 

Parents’ Coalition of Montgomery County

Empowering People in Communities of MoCo 

Jeffrey Slavin – Mayor of Somerset

Friends of the Earth

1 https://montgomeryplanning.org/wp-content/uploads/2017/10/Adopted-and-Approved-Chapter-50-and-59-

Administrative-Procedures-Regulations.pdf

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2022 Open Letter Montgomery County Council Re: Planning Board by Parents' Coalition of Montgomery County, Maryland on Scribd

Latest memo from County Exec. to the County Council “It’s impossible to separate the preparation from the presentation of Thrive from the Boards misconduct.” Marc Elrich

 Thread by @EPICofMoCo on Thread Reader App – Thread Reader App

***Maryland Matters: Council to interview and vote on their Planning Board appointments next MONDAY.***

Political notes: Guess who’s coming to town? Plus, MoCo planning vacancies draw a crowd, and a political provocateur targets Moore

...It will be up to the new County Council, which will be seated in early December, to name longer term replacements. But in the meantime, the five people the council names to serve temporarily will serve for at least a couple of months. The council is tentatively scheduled to interview finalists for the temporary positions and vote on their appointments next Monday...

...Generally, the County Council can only name three people from the same political party to the planning commission. So in a heavily Democratic county, it’s likely that three of the appointees will be Democrats; the others could be Republicans, unaffiliated voters or some combination.

Political notes: Guess who's coming to town? Plus, MoCo planning vacancies draw a crowd, and a political provocateur targets Moore - Maryland Matters

Timing to Replace Planning Commision Disputed

The deadline to apply to become a member of the planning commission is 5 p.m. Tuesday.

According to Council President Gabe Albornoz, the process will move quickly after that, with finalists appearing before the council and a public hearing held Oct. 25 and a vote on the temporary positions set for Oct. 27.

That leaves nine days between closing applications to choosing the new temporary board members.

However, under Maryland law, the process to fill vacancies on the Maryland-National Capital Park and Planning Commission shall take “at least three weeks.” From the time the list of applicants is completed and before an appointment is made available to the public must take at least three weeks, it states...

Timing to Replace Planning Commision Disputed - Montgomery Community Media (mymcmedia.org)

State Board of Education Tried to Create Term Other than Stated in Statute but Failed. Attorney General Issued Opinion Rejecting Attempt.

May 26, 2021

Under a state law dating back to the Civil War, the Maryland State Board of Education hires the state superintendent of schools for a four-year term. Because the current superintendent, Karen Salmon, was given a one-year extension, the board can only offer her replacement a contract filling out the remainder of her term: three years beginning July 1, instead of a full four-year contract...

...When the school board chose to provide Superintendent Salmon a one-year extension last year (and a $40,000 salary bump, by the way, bringing her annual pay to $275,000), that’s when concerns about such a restriction should have been publicly raised. And if the board still thought it a good idea to go forward with the single-year extension, their next best move would have been to ask the Maryland General Assembly to revise the law during this year’s legislative session to allow greater flexibility. After all, education and oversight were tops on the priority list for lawmakers. But none of those actions were taken.

Instead, as we neared the end of Superintendent Salmon’s tenure, official advice was sought in January, and Attorney General Brian Frosh’s office issued a formal opinion on the matter last month, confirming the three-year limit in this circumstance...

 Maryland got lucky: Contract glitch could have made superintendent hiring difficult | COMMENTARY – Baltimore Sun

BREAKING: "Temporary/Acting/Caretaker" Planning Board Appointments Can Stay in Positions for Years

Today on Facebook the public learned very important information about the appointment process the Montgomery County Council is using to replace Montgomery County Planning Board members. 

While Councilmembers have been telling the public that they are appointing "temporary/acting/caretaker" Planning Board members, Councilmember Evan Glass writes on Facebook that in fact these temporary/acting/caretaker Planning Board members can stay on in these positions permanently.  

The Montgomery County Council is violating Maryland law by denying the public the THREE WEEK review period of potential appointees, yet these same appointees can stay on in these positions permanently.  

The County Council claims to be using their expedited appointment process for temporary positions, in actuality these positions can be permanent.   

 

Urgent: Legality of Montgomery County Council's "temporary acting" commissioner appointments [Email sent to MNCPPC from Parents' Coalition]

• oed@mncppc.org;
• Renee.Kenney@mncppc.org;
• publicaffairs@ppd.mncppc.org

Cc:

• calista.black@mncppc.org; 

Fri 10/14/2022 1:00 PM

To the MNCPPC Commissioners and MNCPPC Inspector General, 

On Wednesday, October 12, 2022, the Montgomery County Council issued a press release announcing the resignation of the Montgomery County Planning Board Commissioners and a press release that described a process for appointing "temporary acting" Montgomery County Planning Board Commissioners.  

We have requested information from the Montgomery County Council as to the legality of the "temporary acting" commissioner position they have created.  To date, we have not received a reply.  

The process the Montgomery County Council has announced appears to violate the Maryland Land Use Code.

Appointments in violation of the Land Use Code will impact the integrity of the Montgomery County Planning Board and the integrity of the Maryland National Capital Park & Planning Commission.  The Montgomery County Planning Board and the Maryland National Capital Park & Planning Commission's ability to lawfully carry out their legal obligations will be severely jeopardized by the appointment of Montgomery County Commissioners in violation of the Maryland Land Use Code.  

Specifically, the "temporary acting" positions the County Council has created appear to violate the Md. LAND USE Code Ann. section:

§15.102 (d)(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

The Montgomery County Council Press Release states: 

No more than three members of the Planning Board may be from the same political party, and each member must be a resident and registered voter of Montgomery County when appointed. This position can be filled by a Democrat, Republican, a voter who is unaffiliated with a party, or a voter who is a member of another party officially recognized by the Board of Elections.

The press release does not state that the unexpired terms of the Montgomery County Planning Board Commissioners who resigned must be replaced with 3 Democrats, 1 Republican and 1 Independent as per Md. LAND USE Code Ann.§15.102 (d) (5). There is no indication that the Montgomery County Council intends to fill these unexpired commissioner terms as per the Code requirements. 

Additionally, the press release states a process which appears to violate Md. LAND USE Code Ann.§15.105 (a)(2).  The Montgomery County Press release states: 

Montgomery County residents who are interested in filling these temporary positions must apply to the Council no later than Oct. 18 at 5 p.m. The Council is scheduled to vote on designating the temporary members on Oct. 25.

However, that timeline violates Md. LAND USE Code Ann.§15.105 (a) which states:

 (2) The list shall be

(i) completed at least 3 weeks before an appointment is made; and

(ii) made available to the public.

The application deadline is just 7 days before the date appointments are to be made and in violation of §15.105 (a)(2)(i) which calls for the list of applicants to be completed at least 3 weeks before an appointment is made. 

Finally, we can find no indication that the Maryland Land Use Code permits a "temporary acting" position of Planning Board Commissioners.  The Code permits the Montgomery County Council to fill the unexpired term of a commissioner who vacated the office.  According to the Maryland Land Use Code, appointments made to the Montgomery County Planning Board at this time should be appointments based on party affiliation to fulfill the unexpired term of the Commissioners who have resigned. 

As the Montgomery County Council has created an expedited appointment process for filling these seats, we request an immediate response from MNCPPC as to the legality of the "temporary acting" appointment process being used in Montgomery County.  

Thank you so much for your prompt review of this matter.  We look forward to an immediate public statement from MNCPPC to clarify the legality of the appointment of "temporary acting" Planning Board Commissioners in Montgomery County. 

Parents' Coalition of Montgomery County, MD

Formed in 2002, the Parents' Coalition of Montgomery County, Maryland seeks to achieve the goals of coherent, content-rich curriculum standards; high expectations combined with timely remediation and acceleration; a wider range of educational options for parents and children; greater transparency and accountability; and meaningful community input.