The ballot question asks voters to decide if the Montgomery County Executive must get consent from the Council before officially removing the Montgomery County Attorney. If approved by the voters, the question would amend Section 213 of the County Charter.  

The role of the County Attorney is to provide legal advice and services to County departments, agencies, boards and commissions and the Council. This potential Charter amendment would also allow the Council to remove the County Attorney with the Executive’s consent.  

Under current law, only the County Executive may remove the County Attorney, and this can be done without the Council’s consent.  

This amendment was developed following a recommendation from former County Attorney Marc Hansen, who served in this role for 12 years. The purpose of this amendment is to provide greater impartiality and independence to the County Attorney and ensure they can best serve County Government and County residents.

The question will appear on the ballot as follows: 

“Amend Section 213 of the County Charter to require the consent of both the County Executive and the County Council in order to remove the County Attorney. This amendment would allow either the County Executive or the Council to initiate removal of the County Attorney. If the County Executive requests removal of the County Attorney, the Council will have 30 days to agree or disagree; if the Council does not respond within 30 days, the County Attorney cannot be removed. If the Council requests removal of the County Attorney, the County Executive will have 15 days to agree or disagree; if the County Executive does not respond within 15 days, the County Attorney cannot be removed. In the interim, the County Attorney will be placed on paid leave.” 

The proposed change to the Montgomery County Charter will only be made if approved by a majority of Montgomery County voters during the 2022 Maryland gubernatorial election on Nov. 8.