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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 approved FY19 Operating Budget for the Office of the County Attorney is $6,189,525, a decrease of $129,957 or 2.06 percent from the FY18 Approved Budget of $6,319,482. Personnel Costs comprise 89.19 percent of the budget for 76 full-time position(s) and two part-time position(s), and a total of 43.50 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 10.81 percent of the FY19 budget.

Linkage to County Result Areas

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

  • A Responsive, Accountable County 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 FY18 estimates reflect funding based on the FY18 approved budget. The FY19 and FY20 figures are performance targets based on the FY19 approved budget and funding for comparable service levels in FY20.

Accomplishments

  • Under the settlement of the Silver Spring Transit Center litigation, the County was paid $23 million in damages, and the defendants dismissed $11 million in claims against the County.
  • US District Court for Maryland granted the County's motion to dismiss Pulte Homes' claim; the case is currently on appeal to the 4th Circuit Court of Appeals.

  • In the latest customer satisfaction survey, the Office remained the highest rated internal service department.

  • Prevailed before the Court of Special Appeals of Maryland in Huber v. Montgomery County. The Court rejected MCGEO's claim for the return of savings in health benefits that were transferred to the general fund.

  • Successfully cleared encroachments on Georgetown Branch in accordance with agreements with the state regarding construction of the Purple Line.

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Initiatives

  • Opioid litigation against opioid manufacturers and distributors initiated with assistance of outside counsel, Robbins Geller Rudman & Dowd LLP.

  • Continuing to pursue investigation of Fair Housing Act claims against lenders for discriminatory lending practices that led to housing market crash in 2008-10.


  • Work with DGS to implement White Oak general development agreement (GDA) through outside counsel.

  • Managing electronically stored information (ESI) in the context of litigation and Maryland Public Information Act requests.

Program Descriptions

  Insurance Defense Litigation

Provides legal defense for cases involving Montgomery County and fourteen local government Self-Insurance Fund participants (including such entities as 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...

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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, including the Office of the Director and Management Services; Adult Mental Health; Aging and Disability Services; Children, Youth and Family Services; Child Welfare Services; Crisis, Income and Victim Services; Emergency...

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  Finance and Procurement

Acts as counsel and gives 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

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 Philip Weeda of the Office of Management and Budget at 240.777.2780 for more information regarding this department's operating budget.

Related Links
Budget Summary
TitleActual
FY17
Budget
FY18
Estimate
FY18
Approved
FY19
%Chg
Bud/App
COUNTY GENERAL FUND
EXPENDITURES
Salaries and Wages4116968.004401697.00 4356225.00 4201208.00-4.6
Employee Benefits1381333.001352393.00 1410570.00 1319035.00-2.5
County General Fund Personnel Costs5498301.005754090.00 5766795.00 5520243.00-4.1
Operating Expenses825628.00565392.00 696322.00 669282.0018.4
County General Fund Expenditures6323929.006319482.00 6463117.00 6189525.00-2.1
PERSONNEL
Full-Time73.0076.00 76.00 76.000.0
Part-Time4.002.00 2.00 2.000.0
FTEs43.5044.75 44.75 43.50-2.8
REVENUES
Federal Financial Participation Reimbursements270831.00231165.00 250000.00 250000.008.1
Other Charges/Fees752.0075000.00 75000.00 75000.000.0
Other Intergovernmental45630.0045630.00 45630.00 45630.000.0
County General Fund Revenues317213.00351795.00 370630.00 370630.005.4
FY19 Approved Changes
TitleExpendituresFTEs
COUNTY GENERAL FUND
FY18 ORIGINAL APPROPRIATION631948244.75
Other Adjustments (with no service impacts)
Increase Cost: FY19 Compensation Adjustment1394920.00
Increase Cost: Printing and Mail5370.00
Decrease Cost: Lapse - Administrative Specialist II [Insurance Defense Litigation]-214670.00
Decrease Cost: Retirement Adjustment-536820.00
Decrease Cost: Annualization of FY18 Personnel Costs-94596-0.50
Technical Adj: Net Gross Charges [Goverment Operations]-100241-0.75
FY19 APPROVED618952543.50
Program Summary
Program NameFY18 APPR
Expenditures
FY18 APPR
FTEs
FY19 APPR
Expenditures
FY19 APPR
FTEs
Insurance Defense Litigation00.00913621.00
Health and Human Services12622337.4012546817.10
Finance and Procurement3779063.504504354.00
Support Services5136556.903782964.70
Human Resources10927527.2510673017.25
Zoning, Land Use and Economic Development1783502.701656142.70
Public Interest Representation6081786.506356986.50
Administration16618206.0016642757.50
Goverment Operations6245884.504818632.75
Total631948244.75618952543.50
Charges to Other Departments
Charged DepartmentCharged FundFY18
Total$
FY18
FTES
FY19
Total$
FY19
FTES
COUNTY GENERAL FUND
Board of AppealsGeneral Fund650700.50683440.50
Intergovernmental RelationsGeneral Fund271150.30276530.30
FinanceGeneral Fund1958481.051440591.05
FinanceRisk Management (Self Insurance - ISF)286561519.75299711620.50
Human ResourcesEmployee Health Self Insurance176750.10180090.10
Correction and RehabilitationGeneral Fund1537331.001264121.00
Parking District ServicesBethesda Parking238580.10235340.10
Parking District ServicesSilver Spring Parking265570.20470680.20
Health and Human ServicesGrant Fund1942942.401942942.40
Permitting ServicesPermitting Services2204461.002175981.00
Housing and Community AffairsGeneral Fund859040.50876140.50
Housing and Community AffairsMontgomery Housing Initiative1718091.001752281.00
Solid Waste ServicesSolid Waste Disposal1325640.751350670.75
Solid Waste ServicesSolid Waste Collection441880.25450220.25
CIPCapital Fund4317373.004654943.00
NDA - Montgomery County Employee Retirement PlansGeneral Fund176750.10180090.10
NDA - Montgomery County Employee Retirement PlansEmployees Retirement Savings Plan (RSP)176750.10180090.10
NDA - Montgomery County Employee Retirement PlansRetirement Fund (ERS)742360.42756380.42
NDA - Retiree Health Benefits TrustRetiree Health Benefits Trust Fund300480.17306150.17
NDA - Retiree Health Benefits TrustRSP-Disability Benefits (LTD2)106050.06108050.06
Cable Television Communications PlanCable TV1192910.501176710.50
Total492594333.25504325934.00
Future Fiscal Impacts ($000s)
TitleFY19FY20FY21FY22FY23FY24
COUNTY GENERAL FUND
EXPENDITURES
FY19 Approved6190.0000006190.0000006190.0000006190.0000006190.0000006190.000000
No inflation or compensation change is included in outyear projections.
Restore One-Time Lapse Increase0.00000021.00000021.00000021.00000021.00000021.000000
Restoration of one-time lapse adjustment in the budget development year
Labor Contracts0.00000080.00000080.00000080.00000080.00000080.000000
These figures represent the estimated annualized cost of general wage adjustments, service increments, and other negotiated items.
Subtotal Expenditures6190.0000006291.0000006291.0000006291.0000006291.0000006291.000000