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Mission Statement

The mission of the Office of the County Attorney is to act as the Chief Legal Officer of Montgomery County Government and to conduct all its legal business.

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Budget Overview

The total recommended FY20 Operating Budget for the Office of the County Attorney is $6,377,401, an increase of $187,876 or 3.04 percent from the FY19 Approved Budget of $6,189,525. Personnel Costs comprise 88.83 percent of the budget for 76 full-time position(s) and two part-time position(s), and a total of 43.20 FTEs. Total FTEs may include seasonal or temporary positions and may also reflect workforce charged to or from other departments or funds. Operating Expenses account for the remaining 11.17 percent of the FY20 budget.

County Priority Outcomes

While this program area supports all eight of the County Result Areas, the following is emphasized:

  • Effective, Sustainable Government

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Department Performance Measures

Performance measures for this department are included below (where applicable), with multi-program measures displayed at the front of this section and program-specific measures shown with the relevant program. The FY19 estimates reflect funding based on the FY19 approved budget. The FY20 and FY21 figures are performance targets based on the FY20 recommended budget and funding for comparable service levels in FY21.

Accomplishments

  • Argued before the U.S Court of Appeals for the 4th Circuit defending a Federal District Court's grant of the County's motion to dismiss Pulte Home's claim for $168,000,000.
  • County prevailed in a seven-year long series of trials/hearings against a claim that the County violated the Rehabilitation Act/American with Disabilities Act in the U.S. District Court for Maryland. Argued the case before the U.S. Court of Appeals for the 4th Circuit defending the verdict rendered by the District Court in favor of the County.
  • Maryland Court of Special Appeals affirmed the Tax Court's denial of Lockheed Martin's $1.3 million refund claim for the hotel/motel tax paid by Lockheed Martin to the County.

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Initiatives

  • Pursuing litigation against opioid manufacturers and distributors.

  • Pursuing litigation for violations of the Fair Housing Act against lenders for discriminatory practices that led to the housing market crash in 2008-2010.

  • Pursue litigation against the Federal Communications Commission (FCC) in connection with recently issued FCC orders regarding the construction of a 5G network.

Program Descriptions

  Insurance Defense Litigation

Provides legal defense for cases involving Montgomery County and 14 local government Self-Insurance Fund participants (including the Montgomery County Board of Education, City of Rockville, Maryland-National Capital Park and Planning Commission, Montgomery College, and the Housing Opportunities Commission) and all of their employees. The attorneys appear regularly before State and...

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  Health and Human Services

The attorneys in this division act as counsel and give legal advice to the Department of Health and Human Services. The attorneys represent Child Welfare Services in the Juvenile Court, in cases involving child abuse and child neglect, and Aging and Disability Services in the Circuit Court, in adult guardianship...

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  Finance and Procurement

Acts as counsel and provides legal advice to the County Executive, County Council, and to several County departments, agencies, boards, and commissions. The Division represents the County Government in tax and procurement matters before State, Federal, and local administrative agencies and courts; drafts and reviews agreements, legislation, regulations, and other...

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  Support Services

Provide administrative, research, and technical guidance and support to divisions within the Department. Allows for an equitable distribution of work assignments, to cross-train staff, and to evaluate fairly the performance of the staff. Provides administrative support to the Risk Management Fund, and revenue support to the Risk Management Fund, Revenue...

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  Human Resources

Attorneys act as counsel and give legal advice to the following agencies: Montgomery County Fire and Rescue Service, Ethics Commission, Board of Investment Trustees, Office of Human Resources, Department of Correction and Rehabilitation, Office of Public Information, Department of Transportation (Transit Services Division, Taxicab Unit), Human Rights Commission, Board of...

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  Zoning, Land Use and Economic Development

Represents and advises the County Executive, the County Council, and various County departments, including the Department of General Services, the Department of Transportation, the Department of Housing and Community Affairs, and the Department of Public Libraries. Represents and advises agencies and commissions, including the Historic Preservation Commission, the Revenue Authority,...

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  Public Interest Representation

The Office of the County Attorney provides litigation and other legal services to County agencies and departments in support of their mission to promote general welfare and protect vulnerable citizens. The Office of the County Attorney acts as counsel and provides legal advice to the Police Department, the Department of...

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  Administration

Provides internal personnel, financial, and operational management for the Office of the County Attorney....

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  Goverment Operations and Appeals

Drafts and reviews County and State legislation; represents the County in legal challenges to its legislative acts; drafts and coordinates formal legal advice given by the Office of the County Attorney; provides legal assistance to the Office of Management and Budget, Ethics Commission, Office of the Inspector General, and the...

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Budget Trends
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Program Contacts

Contact Carolyn Kilgariff of the Office of the County Attorney at 240.777.6766 or Naeem Mia of the Office of Management and Budget at 240.777.2786 for more information regarding this department's operating budget.

Related Links
Budget Summary
TitleActual
FY18
Budget
FY19
Estimate
FY19
Recommended
FY20
%Chg
Bud/Rec
COUNTY GENERAL FUND
EXPENDITURES
Salaries and Wages4525565.004201208.00 4703851.00 4313025.002.7
Employee Benefits1449359.001319035.00 1453517.00 1352094.002.5
County General Fund Personnel Costs5974924.005520243.00 6157368.00 5665119.002.6
Operating Expenses781352.00669282.00 703874.00 712282.006.4
County General Fund Expenditures6756276.006189525.00 6861242.00 6377401.003.0
PERSONNEL
Full-Time76.0076.00 76.00 76.000.0
Part-Time2.002.00 2.00 2.000.0
FTEs44.7543.50 43.50 43.20-0.7
REVENUES
Federal Financial Participation Reimbursements287358.00250000.00 250000.00 250000.000.0
Other Charges/Fees-693.0075000.00 75000.00 0.00-100.0
Other Intergovernmental45691.0045630.00 48230.00 45630.000.0
County General Fund Revenues332356.00370630.00 373230.00 295630.00-20.2
FY20 Recommended Changes
TitleExpendituresFTEs
COUNTY GENERAL FUND
FY19 ORIGINAL APPROPRIATION618952543.50
Other Adjustments (with no service impacts)
Increase Cost: FY20 Compensation Adjustment1984720.00
Re-align: Adjust Budget for County Attorney to Address Structural Budget Deficiencies (reduce lapse)1500000.00
Increase Cost: Restore One-Time Lapse Increase214670.00
Increase Cost: Westlaw Research and Library Subscription [Administration]200000.00
Increase Cost: Cloud eDiscovery Application [Goverment Operations and Appeals]200000.00
Increase Cost: Retirement Adjustment96090.00
Increase Cost: ProLaw Case Management Licenses [Goverment Operations and Appeals]30000.00
Technical Adj: Adjusted Charges to Other Departments00.20
Shift: Net-Gross Charge County Attorney Position to Police [Human Resources]-71833-0.50
Decrease Cost: Annualization of FY19 Personnel Costs-1628390.00
FY20 RECOMMENDED637740143.20
Program Summary
Program NameFY19 APPR
Expenditures
FY19 APPR
FTEs
FY20 REC
Expenditures
FY20 REC
FTEs
Insurance Defense Litigation913621.001340401.25
Health and Human Services12546817.1012080367.10
Finance and Procurement4504354.00118519111.50
Support Services3782964.704167604.70
Human Resources10673017.2511475707.50
Zoning, Land Use and Economic Development1656142.701813240.90
Public Interest Representation6356986.5000.00
Administration16642757.5016331797.50
Goverment Operations and Appeals4818632.754713012.75
Total618952543.50637740143.20
Charges to Other Departments
Charged DepartmentCharged FundFY19
Total$
FY19
FTES
FY20
Total$
FY20
FTES
COUNTY GENERAL FUND
Board of AppealsGeneral Fund683440.50733280.50
Intergovernmental RelationsGeneral Fund276530.30288070.30
FinanceGeneral Fund1440591.051733451.05
FinanceRisk Management (Self Insurance - ISF)299711620.50313007320.50
Human ResourcesEmployee Health Self Insurance180090.10185880.10
Correction and RehabilitationGeneral Fund1264121.001347281.00
PoliceGeneral Fund00.00719330.50
Parking District ServicesBethesda Parking235340.10242000.10
Parking District ServicesSilver Spring Parking470680.20289920.20
Health and Human ServicesGrant Fund1942942.401942942.40
Permitting ServicesPermitting Services2175981.002238101.00
Housing and Community AffairsGeneral Fund876140.50926550.50
Housing and Community AffairsMontgomery Housing Initiative1752281.001821431.00
Solid Waste ServicesSolid Waste Disposal1350670.751394110.75
Solid Waste ServicesSolid Waste Collection450220.25464700.25
CIPCapital Fund4654943.004665482.80
NDA - Montgomery County Employee Retirement PlansGeneral Fund180090.10185880.10
NDA - Montgomery County Employee Retirement PlansEmployees Retirement Savings Plan (RSP)180090.10185880.10
NDA - Montgomery County Employee Retirement PlansRetirement Fund (ERS)756380.42780700.42
NDA - Retiree Health Benefits TrustRetiree Health Benefits Trust Fund306150.17316000.17
NDA - Retiree Health Benefits TrustRSP-Disability Benefits (LTD2)108050.06111530.06
Cable Television Communications PlanCable TV1176710.501210010.50
Total504325934.00530832534.30
Future Fiscal Impacts ($000s)
TitleFY20FY21FY22FY23FY24FY25
COUNTY GENERAL FUND
EXPENDITURES
FY20 Recommended6377.0000006377.0000006377.0000006377.0000006377.0000006377.000000
No inflation or compensation change is included in outyear projections.
Labor Contracts0.00000042.00000042.00000042.00000042.00000042.000000
These figures represent the estimated annualized cost of general wage adjustments, service increments, and other negotiated items.
Subtotal Expenditures6377.0000006419.0000006419.0000006419.0000006419.0000006419.000000