Thursday, February 1, 2024

Another attempt to restore Office of the People's Counsel in Montgomery County


Montgomery County's government bodies - Board of Education, Montgomery Parks, the Montgomery County Planning Board, to name three recent examples - are in disarray, and have been embroiled in scandals. Incredibly, while holding oversight power, the County Council has actively chosen to not restore funding for a position that can help hold the County's planning authorities (including the Council itself) more accountable to residents and taxpayers: The Office of the People's Counsel. Never a popular position among the developers who have funded most or all of the councilmembers' campaigns this century, depending upon which Council term is under discussion, the OPC was axed in 2010 when the Council finally had an excuse to do so: a budget crisis of their own making. But in 2023, more than a decade after the "Great Recession" ended, the current Council still voted against restoring funding for the OPC.


Fed-up residents and responsible growth advocates are launching a new attempt to persuade councilmembers - some of whom vowed to fund the OPC, but then betrayed the voters and organizations they made the vow to, once in office - to restore the OPC in the FY-2025 budget. The Montgomery Countryside Alliance, which works to protect rural areas, open space and streams from impacts of overdevelopment, is taking a leadership role by creating an easy form to send a brief message to the County Council in support of funding for the OPC.


For those not familiar, the OPC is (or was!) a land-use attorney who provides free advice and technical information to residents regarding development and land-use issues. Residents, most of whom cannot afford the kind of powerhouse legal representation that developers and the County itself have at their disposal, can therefore be better prepared to defend their interests before the Planning Board, County Council and hearing examiners. The OPC can also point out when the Board or Council is in violation of the rules or breaking the law, which non-land-use-attorney citizens may not be able to recognize their own. Perhaps most importantly, the People's Counsel can represent residents' interests in administrative hearings.


Boosting hopes for the return of this critical County government position is Bill PG/MC 112-24 at the Maryland General Assembly in Annapolis, which is sponsored by Senator Ben Kramer of Montgomery County. Senator Kramer has also been a leading voice to make the planning process in the County more directly accountable to residents, such as considering proposals to move some aspects of planning under the executive branch of County government. Kramer's bill would fully fund the Office of the People's Counsel in Montgomery County, just as other jurisdictions like Prince George's County have. In other words, Kramer is saying to the Council, "if you won't do it, we will." But, if you don't use this form to send a message to the Council and the full Montgomery County delegation to Annapolis in favor of funding the OPC, they might not!

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