Committee backs changes to Arts and Humanities Council governance, keeping county reps as voting members

A joint meeting of the Education, Culture and Government Operations Committee on March 19 recommended expedited Bill 10‑26, which would modernize the Montgomery County Arts and Humanities Council’s governance and board structure and require clearer equity, ethics and reporting practices. The committee voted unanimously, as amended, to forward the bill to the full County Council.

The bill would allow the County Council to designate a nonprofit entity as the county’s Arts and Humanities Council by resolution and require that designation to be reviewed every five fiscal years for renewal or change. It would set a board of directors at 11–15 members, with those members appointed by the county executive and confirmed by the Council; required bylaws would need to include compliance with the Open Meetings Act and the Maryland Public Information Act. The legislation also enumerates duties for the council, including adopting a racial equity and social justice (RESJ) policy, overseeing county-funded grantmaking and program activities, conducting a countywide needs assessment at least every two years and adopting a strategic plan at least every five years.

Why it matters: The changes are intended to codify practices the Arts and Humanities Council has pursued informally, address audit recommendations and clarify accountability between the county and the nonprofit that serves as the designated Council. The Office of Legislative Oversight told the committee the bill would have a positive impact on racial equity and social justice and recommended strengthening the language on equitable grantmaking.

Council staff member Ms. Wellins summarized the bill’s provisions and proposed amendments, including a staff‑recommended addition to the RESJ policy to require an equitable grantmaking process. "The expedited bill... makes amendments regarding the establishment, membership, and duties of the Arts and Humanities Council," she said in her presentation.

Luisa Cardona, Assistant Chief Administrative Officer for the Office of the County Executive, supported the governance updates but clarified a previous choice of words from the executive branch: "I also wanna begin, by clarifying that we should not have used the word misappropriation in our submission nor should I have used it in my testimony as it implies intentional wrongdoing, and the more accurate term would probably be misuse," she told the committee.

The bill prompted a focused discussion about whether county employee representatives appointed to the Arts and Humanities Council should hold voting seats. Ms. Jenkins, a leader with the Arts and Humanities Council, urged caution and asked that government employees serving on the nonprofit board not vote on financial matters, citing potential conflicts of interest and questions of fiduciary allegiance: "We are concerned about government overreach," she said. The executive branch argued the opposite, saying voting participation helps ensure accountability tied to public investment; Director Albornoz said the model "is grounded in the public investment that the county gives to this organization." Council members debated precedent and tradeoffs and ultimately kept the bill’s proposed voting ex officio seats, while noting recusal and ethics training would be appropriate.

The committee accepted several technical and process corrections to the bill (reporting notices to the Council as well as the executive, tweaks to transition language and a provision referencing required ethics rules) and agreed to explore onboarding ethics training for the new board. Committee staff flagged that the ethics commission can provide advisory opinions to address specific conflict questions.

Next steps: The joint committee recommended Bill 10‑26, as amended, to the full County Council for consideration. The committee recorded the recommendation as unanimous.