Update (4/19): Yesterday the Council held a public hearing on bill 18-23 (see the video here) and the Office of Legislative Oversightreleased their report on the equity impacts of the bill. It reads in part:
"The Office of Legislative Oversight (OLO) anticipates that Bill 18-23 could sustain or marginally widen racial and social inequities in land use in the County as its benefits would disproportionately accrue to land developers that are disproportionately White. To advance RESJ in land use and zoning processes, OLO proposes modification and alternatives to current law for Council consideration."
A number of powerful speakers at the public hearing also spoke to the equity issues raised when neighborhoods of less means grapple with complicated land use topics without the service of a public watchdog - furthering the conditions highlighted in the OLO report that led to widespread and systemic theft of land from minority groups over generations.
There used to be a People’s Counsel in Montgomery County but it was quietly scrubbed 10 years ago. The OPC as it was called served to protect the public interest in land use hearings by promoting full and fair representation of relevant issues to achieve balanced administrative records. The Office also provided technical assistance to residents so that they could effectively participate in the County's land use planning process. Reestablishing the OPC as envisioned will help to restore a balance of trust and integrity to the planning and public engagement process. Losing the OPC has left the door open to scores of (nearly 100!) zoning text amendments crafted by some County Council members. These land use changes (some sweeping) often bump up against current master plans and cause communities, many with little resources to defend, detriment. The full description of the role of the People's Counsel from the County Code is here.
The Executive's recommended budget both in FY23 and this go round for FY24 included full funding to reinvigorate the People's Counsel. Councilmember Friedson has just introduced bill 18-23 that will permanently weaken the office - removing the ability for the office to identify master plan conflicts or even participate in public meetings. How can they work for the public interest without participating in public meetings? Please take two minutes to let the Council know - we need the OPC back!
Here is the action alert from the MC Civic Federation and our note sent last year to ask for the Counsel's return: Fund the Office of the People's Counsel - FY 2023 Operating Budget Dear County Executive Elrich, There are compelling reasons to include this in the FY 2023 budget as cited in a strong letter sent to your office yesterday from MCCF. Chief among the reasons listed: “Furthermore, the County Code requires that prior to introduction, any proposed Zoning Text Amendment (ZTA) be reviewed by a ZTA Advisory Group that includes the OPC. One of the reasons often cited by the Planning Department for the complete rewrite of the County's Zoning Ordinance (which was a seven year process) was to discourage the use of Zoning Text Amendments that bypass the master planning and land use public processes. However, since the Zoning Rewrite was adopted, there have been over 100 ZTAs proposed by a small number of Councilmembers. All of the ZTAs were proposed without the benefit of the OPC review.” The call for return of the People’s Counsel is not new. I had, for example, included it in this 2019 piece in Maryland Matters
In truth, if looking at this from purely a dollars cost, the reestablishment of the position will save much in governmental time and money spent churning over poorly conceived ZTAs etc. Above all… this is about just and equitable governance. Respectfully,
Montgomery County Councilmember Andrew Friedson has introduced a bill to shut down the Office of People's Counsel (OPC) advocacy on zoning and land use decisions in Montgomery County.
The purpose of the Office of People's Counsel is:
Here's the bill that Councilmember Andrew Friedson has introduced. The bill is also being co-sponsored by Councilmember Dawn Luedtke.
A Bill has been proposed (without consultation with communities) to permanently abolish the Office of the People's Counsel from the County Code and replace it with a Resource Officer that would not be allowed to participate in hearings.
The Montgomery County Civic Federation (MCCF) pushed hard to establish this office and it was finally placed in the County Code in 1990. The funding for the Office of People's Counsel in 2008 was $246,000 for 1.8 positions. In 2010 the Montgomery County Council removed funding for this important office ostensibly for fiscal reasons.
MCCF pushed hard to establish this office and it was finally placed in the County Code in 1990. The funding for the Office of People's Counsel in 2008 was $246,000 for 1.8 positions. In 2010 The County Council removed funding for this important office ostensibly for fiscal reasons.
Take the time to read the testimony from the MCCF and then send a note to the County Council asking them to reestablish funding for the Office of People's Counsel, not just a resource officer.
In the MCCF testimony it shows that the 3 development ombudsmen/coordinator positions ($577,000) that have been funded since the time that the Office of People's Counsel was defunded, are being funding with Montomgery County Department of Transportation Capital Improvement funds. Yes, we are using debt service to pay for public positions that assist developers but the County Council (Berliner, Hucker, Katz) does not want to fund the position that is supposed to represent the public interest.
