Rockville City Council Meeting: Election Code Rewrite, BRT Updates, and Budget Amendment - June 8, 2026
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Good evening, Rockville.
Today is June 8th, 2026, and we're convening meeting 16-26.
Please join me as you're able in the Pledge of Allegiance.
We'll now move to agenda review, Miss Sarah Taylor Pharrell.
Madam Mayor and Council members, there are no changes to the agenda for this evening.
Excellent.
Thank you.
Now move to the city management report, Mr.
Jeff Mahalick.
Mayor Ashton, members of City Council, ladies and gentlemen, good evening.
To say we're busy is an understatement, but it's all good things.
We are in high season for community events.
We had a wonderful pride event this past weekend.
I mean, the turnout was incredible considering how hot it was.
Great turnout.
A lot of really happy people running around.
It was wonderful.
And then this coming Saturday, we have another really popular event, which is Suds and Souls.
So we're looking forward to that on Saturday evening.
We're also doing a number of park improvements in the city.
One that's really popular in the community is we just installed a bunch of new pickleball courts, both at Israel Park and Welsh Parks.
And we continue to plan for future parks, like working on our final plans for the much awaited Redgate Park improvements.
Then lastly, I'll just mention that we're continuing to work on implementing our climate action plan, including working on the last phase of our LED streetlight conversion plan and the acquisition of brand new electric uh senior buses.
We're excited about that as well.
That's all I have to report, Mayor.
Thank you.
Thank you.
I also wanted to extend uh thank you to everyone who came out in the community and to staff for pride.
It was fantastic, and thank you to the Human Rights Commission.
You also had a number of important other events that happen in the city.
Uh the Neighborhood Connect at Scarborough Square.
It's our effort to get out into the community, bring council to the community.
And we had a chance to hear detailed information to meet with children as well as adults on uh their ideas, their concerns, and I know staff is following up on that.
And then some of my colleagues and I jumped in the pool on Saturday for a summer kickoff.
It was so nice to see the teens just the teen community having fun talking to each other, not on their phones, just really engaging in a positive and healthy way.
So I want to thank staff and the Wreck and Parks Foundation.
Uh and then RCPD came out and really had a strong partnership with Main Street and many other public safety professionals from the state to the county to the fire uh leaders.
I just want to say thank you for that, as well as the um public safety awards with the chamber.
So very, very busy week, and uh I know it takes lots of work and want to thank my colleagues for coming in and being a part of it.
Councilmember Van Grack.
Um, so aside from echoing all of uh what you had to say about the great uh wonderful events, um, I know that as much as there were some wonderful things, we did get an alert, and I want to thank the Rockville City Police Department with regard to the fact that there appears to be a rabid fox that has been attack a few different individuals and dogs.
And Mr.
City Manager, I don't know if you want to just either elaborate on the alert that was issued and maybe just confirm that if there is any capture or confirmation that the city will also follow up with alerts.
Yeah, thank you for the question.
Yeah, unfortunately, we do have um a rabid fox um at large, if you will, out in the community.
If any member of the public see a fox that is acting weird in any way, they should call us immediately.
Um we do have animal control, that's part of our uh police department.
We will send someone out.
We just don't want somebody trying to take matters under their own hands.
Um if we see a specific location where we know the fox is, we will send out an alert.
And equally important, when we capture the fox, um, we'll make sure that people are aware of that as well.
And and as I understand it, the number that we're asking people to call is 240-314-8900.
If there's any fox that they observe or any animal that seems to be uh having erratic behavior, that's correct, and thank you.
Thank you, Councilmember.
I would also be remiss that uh since last we met.
Um it is graduation season, so I do want to give uh congratulations to all of the students in Rockville who are graduating, and of course, a very special shout out.
Um, I was present and I saw Madam Mayor as well at the Richard Montgomery graduation, and it is always just a very joyful uh uh event and evening, and I just want to express my congratulations to everybody and to the all the parents and guardians of those who graduated.
And I just want to express my congratulations to everybody.
And to all the parents and guardians of those who graduated.
Thank you.
I'll just say I know the entire council, and I appreciate you raising that.
Really celebrates the graduation of all, uh, whether you're at Montgomery College or some other college and all of our high school students, and we have our fifth graders and everyone making a major milestone.
We are appreciative of staff who and guardians who help make that possible, but really celebrate the students as well.
Okay.
Thank you very much.
We'll now move on to community forum.
We welcome an opportunity to hear your concerns, your ideas.
We encourage you to address the mayor and council and speak in a civil and courteous manner.
Um members of the audience, please also be respectful to each other.
Each person is allowed three minutes.
There is a time clock in front of you.
You will hear an audible beep when the time has expired.
I don't want to use the gavel, so please stick within the time frame.
And please state your name and whether you live in the city of Rockville for the record.
I'll call those who have signed up in advance and then encourage others to uh let us know if they would like to speak.
I also want to acknowledge that we've received written comments as well.
First, we welcome David Weinberg.
Good evening, Madam Mayor, members of the council.
Um my name is David Weinberg.
I am a Rockville resident and voter.
Um I have a PhD in political science from MIT, um, and I'm a former senior staffer from the January 6th Select Committee.
Um I love democracy.
I love the city.
Thank you each so much for for all that you do to sustain this wonderful community.
Um I really appreciate all the work that y'all are putting into the assessment of the um election code.
And I wanted to just particularly put in a good word with uh regard to ranked choice voting.
Um ranked choice voting is fantastic.
I'm looking right now with deep jealousy towards our neighbors in Washington, DC as they get to use RCV in both their council and their mayoral elections this year.
Um there's some of the fantastic things about it include um in races where you have um three relatively closely matched candidates, for instance, like in our county right now.
Um voters don't have to guess how their vote will be effective.
They can state their preferences, and those preferences can be accurately reflected.
Um that also helps reflect public wisdom, right?
Taps into the the collective wisdom in that instance in Alaska, for instance.
Um they elected a US representative, I think it was 2022.
Um the US got Mary Peltola instead of Sarah Palin, and I think we can all be grateful for that.
Um it also encourages positivity in campaigning, uh something that I think every community would would love to see more of.
Um it also um allows candidates when elected to be able to point to the added credibility that you have when you you win with 50% or more of votes counted.
Um additionally, I would just um put in a good word for utilizing the system sooner rather than later.
Uh, we've got such a long track record of seeing uh ranked choice voting in use in Tacoma Park, for instance.
Uh they've been using it since I had a full head of hair, and I could have posted pictures of it on my space on my brand new thing called an iPhone.
So the track record is there.
Uh and there's also track record in lots of places from multi-candidate uh uh multi-seat um positions, uh like in the city of Portland, um, and proportional representation can be a useful tool in those sorts of situations.
So that way all communities, all voices in our incredibly wonderful and diverse city can be well represented.
Uh so thank you so much for your consideration, your work on this, and uh again, for all you do for our city.
Thank you.
Welcome, Michelle Whitaker.
Hello, Mayor and Council.
Uh a joy to be in front of you again.
Um happy June.
The last time I think I was here was at the beginning of the year and wishing you uh a great year.
And even though it's uh the middle of the month, it feels like there's been so much as the city manager said that's been going on.
Uh with ranked choice voting, um, a great update is that another city in Maryland has joined on to saying yes to ranked choice voting, and that's Berwin Heights in Prince George's County.
Uh, they did it through ballot initiative.
I'm really excited about the conversations that you're going to have tonight and continue to have on how we move forward with ranked choice voting in Rockville.
I'm Michelle Whitaker.
I'm the executive director for Ranked Choice Voting Maryland.
I don't live in the city, but I'm here very often, and I love it.
Um, and I'm here to talk to you about why representation matters.
We've talked to you about the science.
You've heard a little bit about that from uh David, um, of why this matters, how it really empowers voters to really express their full choices.
But I also want us to look and talk about the vision of the of the city that we want, how we want to have all of our residents represented, and to think about the challenges we've had over the years in making that representation happen, whether it's for women, people of color, communities of interest, whether you're talking about renters or or folks who are working on climate justice or whatever the issue might be.
If we look at the history, and I was looking at the panel of just who's served in the council, the first African American elected to the council was 1970.
It was another 20 years before the next African American was elected, and another 20 years until the first African American woman was elected to the council.
When we look at women overall, the first woman was elected two years before I was born to this council.
And then the first mayor elected was another 20 years after that.
We can't wait 20 years to keep moving forward inch by inch, and we really need to have systems that help us do that.
That's what ranked choice voting does when you're electing mayor.
It's what ranked choice voting does when you're electing an at-large body like you all are, with the proportional system.
And that's what we really need in this moment.
We're going to be celebrating Juneteenth soon.
And um, as many of you know, uh, in nine in 1865, that's when Texas enslaved people first found out that they had were emancipated.
It was two and a half years after the emancipation proclamation.
It goes to show that there's a lot of work to make sure everyone knows that democracy is available to them.
We're ready to do that work here to make sure that every resident knows what they need to do, how ranked choice voting works, and what it means for their community.
And we hope that you'll be part of that.
And we hope we can do it sooner rather than later, because we can make this happen in 2027.
Thank you.
Thank you, and welcome.
Melton Halen, followed by JD Kumar.
All right.
Hi, everyone.
Um, Milton Halland from Frederick County.
Um I'm just a kook who loves ranked choice voting and uh wants to encourage you all to implement it in your in your city as soon as you can.
Um I think it's a really great system that's used around the world, places like Australia, Ireland.
Um go on Wikipedia and find out other countries that use it and other locations around the United States that use it.
Um almost nowhere where it's used.
Does anyone think that it's a bad idea and that they would like to go back to some first past the post single winner, whoever gets the most votes, even if it's 10% of the votes in a contest with 20 candidates.
Uh, no one wants to go back to that once they have ranked choice voting.
So for that reason, I think, and not to restrict myself, but the timer was never started.
So thanks for the free time.
Um I just really think there's there's no better time than right now to implement ranked choice voting here.
Uh, with Tacoma Park and Greenbelt now being the two municipalities in Maryland that do it, it would be great to have Rockville as the third, and it's a impetus for other municipalities and counties that may want to want to do it.
I know um I'm trying to get that done in Frederick County and see what we can do either in the city or the county to get it implemented there.
And I think there's some um the more people jump on the bandwagon the better.
So um, I know you have a work session on the agenda later today, and I I hope you can see yourselves to implement this really really good system that moderates moderates politics and makes it more participatory for everyone.
Um, when you have a you know, a functional contest where only two people can win.
Um it it limits the the candidates, it limits the people who want to vote, who care about voting.
Um we we want to we want everyone to participate and everyone to have a voice because it makes for better candidates, makes for better council members and office holders once once you get elected, because you know you had to win on a broader coalition of people, and you're more able to represent them when you can see how everyone voted and um made their preferences known.
So come back one time.
Thank you.
Thank you very much.
Uh City of Rockville, Maryland Government, Mayor Ashton, and CRMG Council.
Thank you for this opportunity.
This open democracy forum.
My name is James Druva Kumar, J.D.
Kumar, Democrat candidate for United States Congress, House of Representatives for this Maryland District 8.
My website is vote jdk.com.
Um always emphasize this.
I'm EIC explainer in chief, not humble on this.
I'm also psychology knowledge in chief, not licensed, but um you all have to ask why do people do what they do and why are they doing this?
And if you ask yourself this more often, you can solve problems.
You have to reverse engineer that.
Why why do people do what they do?
Now I pledge allegiance to the flag of British colonial America to the flag of the Continental USA America, which is a British East India Company, EIC inspired USA independence flag.
I remind again that we never completely quit the Brits.
Reasons for our immense wealth and emergen emergence as a loan superpower in 1991, which was not just another number.
I pledge allegiance to USA America everywhere.
I've emphasize that I pledge allegiance to rule of law, rule of law.
Now, not all my thoughts here, limited access forum.
So again, my website is www.vote jdk.com.
Um I have been an individual one-person show for a long time, which has benefited millions and billions.
You have these groups like RCV, which I support mostly.
Uh Rockville Renters United that has come here in the past, and uh the other group is not oh, New Mart Commons folks.
They come in here with five, ten, fifteen people and take up multiple minutes.
On many occasions, I've asked you to give me more time.
I represent a different group on a small island on my own small island, but I do represent millions and billions.
Now, um, as I reminded uh informed you all a few weeks ago that um I'm on average eight to ten older than all of you, City of Rockville, Maryland government, Montgomery County, Maryland government.
A lot of you were um in your diapers sucking then and still sucking now.
Now, I want to discuss some vote JDK policies, ADA.
I want to emphasize that my mom suffers from has ADA issues, so I'll be tremendous for the ADA folks as a congressional uh representative.
Also for the elder generation.
I grew up with the elder generation here.
I've lived here more than four decades in this county.
Um you all should visit my website.
I have a plan on giving half of uh half a million dollars interest-free mortgages to USA American citizens.
I'll freeze property tax age 50 and over.
Somebody said to me it's a local issue.
No, not if I legislate uh shelter as a basic right whereby no more evictions, no more homeless, but I will not um uh land this on the landlord.
I'll protect the landlord too.
So again, uh free, also free full-time senior caregiver help, age 75 plus, and obviously solutions for thank you very much.
Okay, one last thing.
We're done.
Thank you so much.
Can you send something to us an email?
We'll be happy to read it.
Yes.
Um, thanks for being polite this time.
A lot of times you shot me down.
No, I don't, but our requested back in December that in the last uh when the time is over, just politely asked me to finish.
I think you did that today.
Thank you.
Thank you.
Thank you.
Welcome, Ellen Pack.
Good evening, Mayor and City Council.
My name is Ellen Bach, and I'm a resident of Rockville.
And I just wanted to uh I just I just wanted to say that I really like ranked choice voting, and you guys, I'm pretty I'm really happy with what you guys are doing.
And my desire for to have Rockville, uh ranked choice voting here in Rockville is not so that we can have a completely different city council, because I think actually you guys are doing a great job.
I think ranked choice voting would be really good in Rockville to bring more residents into the political process and make them feel like their voices are heard, and I think what I most want is for people of Rockville to get practice with ranked choice voting so that we can be using it uh in larger forums where I think it will make a tremendous difference.
And I think what I most want is for people of Rockville to get practice with ranked choice voting so that we can be using it in larger forums where I think it will make tremendous difference.
And the first step is getting ranked choice voting here.
So I hope you will consider it when you're revising the voting regulations.
Thanks.
Is there anyone else who would like to speak?
Okay.
Thank you, everyone, for your testimony.
We greatly appreciate your ideas and concerns.
We'll now be moving on to special presentations.
And I will note for those in the audience we do have a work session on our elections.
It will be coming in later in the evening.
Um we'll move forward with two special presentations.
The first one we'll hear now on the Montgomery County Department of Transportation on Bus Rapid Transit.
I'd like to welcome Imad Al-Shafi, Chief of Traffic and Transportation Public Works, and there are panelists joining us, Jamie Henson from Montgomery County Government, BRT Implementation Manager, Zuly Beridad, Montgomery County Government, MD 355, BRT project executive, and Pam Destino, Montgomery County, Vieris Mill Road MD 586, BRT project manager.
Welcome all.
Good evening, Madam Mayor, Council members.
My name is Amal Shafi.
I'm the chief of the traffic and transportation division.
In Tonice's agenda, we have the staff from Montgomery County Department of Transportation.
They are going to present uh a briefing and updates on two projects that they are working on.
Um both on the bus uh uh rapid transit or BRT projects, the one on Vers Mill 556 and on uh MD355.
And with that, I want to introduce Mr.
Jamie Hansen, he is the BRT implementation manager.
Jamie.
Good evening.
Thank you, Mayor and Council for having us.
It's privileged to be here.
Uh it's great to talk about BRT in our county.
We have big plans.
Uh we're eager uh to connect people to opportunity with our program.
We have a program of BRT that's intended to crisscross the county, 100 miles, 100 stations across our county.
Uh again, I'm our BRT implementation manager.
Uh Pam Destino is going to come up and talk uh about our Veers Mill project, and then Zulie Beared will follow her and talk about our Maryland 355 project, and then I'll come back up and take any questions you may have.
Good evening.
As Jamie said, I'm Pam Destino.
I am the Veersmill Road project manager for the county.
Before I get into Veers Mill Road, I'm going to quickly give you a brief overview of what our FLASH program is.
So BRT itself is a bus rapid transit.
It's a transit system that delivers faster, more reliable, and more convenient transit service through the county.
We do this through different mechanisms.
Some of them are shown on the screen here.
We, when we can provide dedicated bus lanes, the red paint markings.
You may see them throughout the county already.
We have specialized vehicles that work with our BRT stations.
Our stations are enhanced stations, so they provide weather protection.
We provide lighting, shelter, um, transit real-time information for when the buses are going to come.
Um and you can see our system right now in US 29.
Um we have transit signal priority, which is where we extend or um implement an extended green time for a signal so the bus can get through the intersection faster.
And then throughout these projects, we are providing enhanced pedestrian and bicycle safety for to connect you to these stations.
So I mentioned the transit signal priority.
Um we also are implementing some Q jumps.
Q jumps are where we add a lane, and the bus can go into that lane and bypass the traffic at signals.
Um this provides the um uh the buses themselves have enhanced features.
We have Wi-Fi on board, we have low-level boarding, so there's no step up for ADA, they can just go right through.
Um and the buses themselves have real-time display boards.
Our oops, I hit it too fast.
Okay.
As Jamie mentioned, we have over a hundred stations planned.
We have them for eight um routes throughout the county.
The one that is implemented right now is US 29.
Um, we are working on, as you know, Veersmill Road that is under design right now, and Maryland 355 as well.
And then we have five future stops.
We are also extending the flash service along US 29 to Howard County later this fall.
Um, this is a summary.
Our goal is to provide connect people to opportunities.
We do this through faster transit service, more reliable transit service, and more frequent transit service.
We are providing more connections for pedestrians and bicyclists to get to this mode of transit.
So enhanced connections to the stations themselves that may not exist today.
And we are trying to do this while minimizing impacts to the local residents and the businesses.
So Veersmill Road is a 7.6 mile corridor.
It goes from Wheaton to Rockville.
Half of this route is within the city limits.
And it connects to the Metro Red Line as well as Amtrak and Mark at Rockville.
The features, as I mentioned, are 7.6 miles.
We have 12 stations throughout the corridor.
We are working through permitting right now.
And if you see any construction along the corridor, we're doing utility reconstruction in advance of our contractor coming on board to do the actual BRT implementation.
Our estimated cost for this project is approximately 230 million dollars.
We are funding this through an FDA grant that we are hoping to receive or expecting to receive later this summer.
This route provides it serves 10,000 trips daily today.
And we expect it to be 20 to 30% faster in the future.
Right now, for public engagement, you might see us throughout the community.
We are doing pop-up events weekly, primarily on the weekends, but sometimes in the weekdays at Farmers Market, at the Metro Station, at potentially any uh public events that we are allowed to go to.
And our goal with that is just to let people know that the project is coming.
Um we're gonna go to construction soon, and we want to answer any questions they may have.
We are also right now working on right of way acquisition.
We have 16 impacted parcels in the city, and um we are going through that process to get construction.
These impacts are primarily uh permanent easements or temporary construction easements just to extend a sidewalk or at a station.
Our timeline, as I mentioned, we're under property acquisition and utility construction right now.
We are expecting our contractor to start next spring, and he will be completed or they will be completed in late 2028 when we will open service for the BRT line.
Uh this is just an example.
Um, this is within the city at Atlantic.
Um, you can see there's safer pedestrian crossings, we have enhanced stations, thus called bus call and pedestrian facilities, and in this case, we have the painted bus lane, as well as we will have transit signal priority.
Um so as I mentioned, the design's complete.
We're working with your staff right now on permitting.
Um we are working with the FTA on a small starts grant, and we are um expecting our construction to begin next next spring.
I'm gonna turn it over to Zuli, who's gonna talk.
Oh, whoops, I forgot.
Sorry.
Um, so here's what we're doing with you all right now.
So we'd got our stormwater concept approval from your staff a few weeks ago.
We've worked closely on utility relocations at Rockville Southbound Station and worked with your staff on where to locate these stations.
Um recently we added a crosswalk on the north side up Atlantic Avenue uh per your staff's request.
Um we have worked with them throughout this process and try to um add in as much features as you would like.
So now Luz Willie's gonna come and talk about 355.
Uh good evening, Mayor and Council members.
My name is Zulie Baradet.
I'm the uh MD 355 project executive, and I'm gonna give today an overview of the project and the status where we are today.
Um so 355 uh is uh the the whole corridor goes it's 22 miles and it extends from uh Bethesda to Clarksburg.
Uh the first section that we are working on right now, which we call the center portion of the corridor, MD 355 BRT Central, uh is about 15 and a half miles, and it extends from uh Rockville Station in Rockville station to Milestone in Germantown.
Um where we are or a little bit more on the project.
Uh so on 355, uh there is a 10 mile corridor.
Uh and 79,000 people live within a half a mile of the corridor or stations.
This was our uh study, uh, and where we we basically selected the location of the stations.
Um and and 14 percent, apparently 14 percent of the people on the corridor uh do not use cars as uh uh a method of transportation.
Uh the uh corridor serves 14,000 existing daily trips, and with the BRT after it's implemented, we will have as much as between 25 to 45 uh percent faster in pick in peak periods.
Uh the the estimated cost of the project is about 517 million.
Uh we are uh also uh like Vierz Mill requesting federal fund, which will be about 50 percent uh of the cost of the project, where we have started the process already uh for that grant.
Um in terms of status, and we we we're gonna go a little bit detailed in the next one and next slide, but we are currently in a in a scope validation phase, uh, and then we start final design uh next year.
Uh in terms of timeline, uh planning was completed sometimes in 2019.
Uh we have a 35% preliminary design, which was completed between 2020 and 2022.
Uh, and then uh because this is an FTA uh sorry, a federally funded uh project.
So uh we need uh an approval for uh environmental uh evaluation and impact.
Uh that was uh what it's it's gonna be completed or approved soon.
It was completed a while ago.
Uh and then final design will start uh sometime uh at the end of this year uh and uh construction will start between 2028.
Revenue service as per our schedule right now is in uh at the end of 2031.
Uh project status, as I mentioned, excuse me, 35% design is complete.
Uh we have selected a contractor, a design builder, uh in uh so NTP, we gave them notice to proceed January of this year, 2026.
They are already under contract.
We are in a phase now of scope validation uh and some value engineering, meaning some innovation for the corridor uh to basically optimize uh the design.
Uh and then final design will start uh late this year, early next year.
Uh the grant, as uh I mentioned earlier.
We started the process, and if all goes well, uh we're uh anticipating uh a grant agreement sometimes in 2027 by the end of 2027, and then revenue service is 2031.
Uh some additional additional information.
Uh so the CIP, the capital budget did not include funding for the bus depot, not on this project, it's gonna be a separate project.
And then uh as I mentioned earlier, we are doing scope validation and optimization of the corridor and of design, and we will be able to share some uh information with you later this year.
And that's all questions.
Thank you.
All right, thank you.
Questions for us.
I will just say uh thank you very much for all the work.
Uh we have been really trying to improve Vision Zero and pedestrian all modes of transit, and we know this is a huge part of the work that we need to do.
So uh I know there's a collaboration between the city and the county, and we appreciate you sharing these updates because we get a lot of questions on where is that BRT?
And I have seen it on Shady Grove Road, uh, and you know, how it's working and how it's also not only helping our residents, but serving as an economic driver to bring people to college and to uh health services and other businesses that they need to traverse in the city.
As you noted, not everyone has a car, and we want to make sure that it's every everything is safe and fast.
Uh, and you know, um really doing so in a way that will help our community to grow not just now but for future generations.
So we're gonna continue on a quick stack.
We're gonna go down the line starting on my right, and then we'll ask you a few questions.
My colleagues are very interested in this, so you might get a couple of things.
We're here to answer.
Councilman Van Grass.
Wait, I was under the impression this is a special presentation.
No, this is a presentation.
We discussed it this morning.
We're allowed to ask questions.
Go for it.
Um if you want to pass and come back.
No, but I I mean uh although sounds fantastic.
I mean, I know we've been looking forward looking forward to it for a while.
And um, no, I I think the presentation is great, and I'm looking forward to seeing you here.
Great.
Council Michelle.
I greatly appreciate the presentation.
Um I love that there's a lot of progress happening, and um, that we will be connecting a lot of residents to work and their networks and their community um where they didn't have that type of connection before.
And I really also appreciate the data that you have.
Um and I just wanted to ask um not sure what page slide this is, but this was the central uh phase for 355.
Um the 14 percent of whom uh don't have a car.
Uh where what year was that from?
So I think that was American Community Survey.
Uh and that would have been that's usually a few years old and it's over a running time period.
So I think uh I'm gonna hazard a guess and say roughly 2019 to 22, 23, and that's a gift or take.
It's order of magnitude.
Okay.
And um, I guess my other question would be and you may not have it here, but I would love to uh have the information.
If uh if you have it disaggregated by race, um, just to understand, because I know that um the um the ACS survey sometimes they disaggregate by race.
Um so I would just be curious and understanding who's impacted by this mostly we don't have that, but that's something that we can follow up and provide or at least point you in the direction of.
Thank you.
This is a great presentation, and I really don't have any questions, uh, but uh thank you for all the information, especially uh the um the intersection and how it works.
I uh I was a little bit curious about that.
Um, but no, I I'm really excited to uh get the um the rapid transit uh going and I thank you again for the presentation.
Thank you.
Um I had a couple quick questions.
Uh one is for 355.
Uh it's not clear whether the station is planned for a manicky or uh actually on 355.
That makes a big difference for a lot of reasons.
Yeah, and so the station as planned right now is actually in the turnaround at the college.
Uh and and Zuly had noted that there's not funds to build the transit center.
Um, and so what we're going to do to serve the college is use the existing uh loop there at the at the front edge of the college, right off Manichae and repurpose one of those stations and build our more iconic station uh infrastructure there to for flash.
So we'll be actually on Manichae itself, not the on the bus loop on the back side, yes.
Okay, perfect.
Yes, I actually got that question today, so I wanted to make sure I was asking.
Um thank you very much.
We have seen on VR's Mel, I know members of the body have talked about this, where sometimes the bus stop is mid-block, and it causes people to have to make a very hard choice when they see their bus cross that mid block, which is dangerous.
So, as you're thinking about station planning, are you looking at putting it closer to intersections?
Yes.
Okay.
Yeah, there are I don't I don't think we have an example where there's not a station uh at an intersection, and typically they're far side to allow the buses as we were talking about to use the transit signal priority to be able to move through to get to the opposite side.
And typically they're far side to allow the buses, as we were talking about, to use the transit signal priority to be able to move through to get to the opposite side.
That's the best way.
Thank you.
And I know that you have divided this project into sort of geographic areas.
As you move, like for instance, uh the 355 portion is much further out than the Veers Mill portion.
Correct.
Um, will you open up the 355 portion in phases itself, or will you wait to do it all at one time?
Well, so as so the original 355 project consisted of 22 miles from Bethesda to Clarksburg.
Uh and so what we're focusing in on is that 15-ish miles in the middle from from Rockville to Germantown.
And so we'll open that all at one stretch.
Now that will follow Veers Mill, so Veers Mill will open at the end of 2028.
We're envisioning that central portion uh of 355 to open in 2031.
Okay.
The county council just went through a very detailed uh and hard budget season.
Um how how was this project impacted, if at all?
None.
Okay.
These projects.
And we're very fortunate, right?
Because they're funded federally.
We have uh the state's been very generous to provide a lot of support for our program.
Uh and so we have a lot of support that are from sources uh that are not at the county, and so we've been very fortunate to be able to keep these projects whole and moving forward.
And do you know whether flash service has been impacted in Rockville?
Not that I know of.
All right, thank you.
Uh, and then lastly, uh, in terms of the MOU, the city has for the public's record, has uh MOE memorandum of understanding uh with the county to share impact taxes, that is to support the infrastructure for this project and other projects within the city.
How is that helping you all?
So we have a small amount of our funding is from the impact taxes, and so what that allows us to do is that becomes part of our local capital stack that then leverages the federal funds.
So on Veers Mill, uh it is 80% or just under 80% federal funding that we're expecting to get to fund that project uh because and that's all it's part because it's a small starts.
Uh the 355 project is a slightly different program is related, but the upper end is 50% uh federal funds.
So it allows us uh to support that federal or to leverage that against the 50% on the federal side.
So all of the sources of funds, the myriad sources of funds enable us to bring in larger portions of federal money.
Thank you.
And I knew uh in the past we've had some of our bike advocates and pedestrian advocates really appreciate the updates on uh real time for so they can see where the bus actually is.
That's an important thing for people to be able to predict and know um the design, the covered opportunity and benches.
I've seen some people sitting on the ground.
That needs to change.
So thank you for that.
And I've I know I've also heard in the past from some of the bike advocates about bike parking near BRT.
So I would be remiss if I didn't mention that as well.
And that's included as part of the standard feature as you're you know, if you look at what we've put out in uh US 29, and these are largely templates or slight modifications between them, but they're largely templated stations and that it includes bike uh parking.
Thank you.
And I know this project itself will really help to improve equity uh across the county.
Thank you.
Councilmember Valeri.
Yes, hi, and thank you.
Um a terrific presentation.
Um I am the majority of my questions.
I only have a handful of questions are about Vers Mill VRTs since that's the next one coming online, and also as someone who lives about half a block from Veers Mill, so uh I've been following this project uh very closely.
Um how are you how is MC DOT coordinating with the city on high injury network intersections along Veers Mill in terms of you mentioned some of you mentioned the pedestrian safety uh features at Atlantic, um, but in general, um what is because we're gonna see this again on 355, right?
How are you coordinating uh with the city of Rockville in in making these improvements?
Sure.
So we are so at the most basic level, we're providing our plans for folks to review.
So whether it's SHA is, you know, is the road owner, obviously, but also to our city partners and asking for comments.
And so at a very basic level, we're asking uh for comments uh on our plans.
So when we send those plans out, we're saying we're asking folks, encouraging them, hey, look at these.
Are we missing anything?
Um before we even do that, we are looking to implement that bike and ped safety infrastructure.
Now there are places that we've missed along the way uh and may not be perfect, but we're trying to get that before it even gets to you.
Um, and then as we're getting feedback, uh, we're interacting with your staff on a regular basis.
We had uh a mandatory referral, and I was in these chambers about a month ago uh talking to your planning planning board uh about uh Veers Mill and taking some feedback from both city staff and uh your your planning folks about uh those sorts of things.
So when we're looking to implement those in our project as much as we can uh and and be able to advance those because at the end of the day, we want people to get to our transit stations and we want them to use this service.
We want them to advance, right?
We want them uh to connect to opportunity and the they have to be able to do that safely, otherwise it's not really, you know, we don't do this to put people in unsafe positions, as I believe the mayor was talking about, right?
We don't want to put people in the middle of a block uh on these you know high performance systems, and we want to make sure we're putting them in the safest place possible.
Absolutely.
Um and I I will note that all of our high injury high injury network intersections are along state roads.
They are all on Beers Mill, they are all on 355 and the intersection that you showed at Veers Mill and Atlantic is actually the number one deadliest intersection.
So I'm hopeful that we can maybe work together to do a little bit more than uh adding a crosswalk at the north side of Atlantic and maybe I appreciate changing the signal timing, but I think that we can uh make some of those pedestrian safety issues a little bit stronger because it's extremely dangerous.
We've had uh elderly residents die at that intersection.
So I'd like to really see some uh a little bit uh stronger safety uh measures, and I know how tough it is to work with SHA, and um I think any time that we can take that opportunity, I think we should.
So I appreciate I appreciate that tremendously.
Um and I think the closer that we can work the better.
Um, as the the mayor uh mentioned, the Rockville Pedestrian Advocacy Committee, our bicycle advisory committee, um, and our our transportation mobility commission.
Um I I hope that we can all kind of work together with you and and come up with some good solutions because equity is extremely important.
Um, and I think first and foremost, making sure people can cross Beers Mill at all safely, and that's a that's a that's a very high bar right now, uh, unfortunately.
Um my other quick comment on that is to that extent, um, actually question.
Um I noticed that the uh 355 portion of the uh the BRT project that you're starting at Rockville Metro, which kind of skirts around the biggest problem, which is the mixing bowl, and where Veers Mill essentially means 355 meets every road in the city pretty much.
Um is that kind of why you're starting at Rockville Metro or because I'm thinking through you know our population centers and where individuals are living along 355 in the city of Rockville.
Um, and there's a real missed opportunity, I think, to not start north of Thesda or Twinbrook because you have uh large developments that are already there or are about to come online.
Right.
Uh yeah, it it really wasn't about the Veers Mill intersection, though I would completely agree, it's gonna be a difficult intersection to figure out and the maintenance of traffic as we do construction would is going to be painful.
Um that was not it.
It was really making sure that we had uh originally our central portion uh had connected just to Montgomery College.
Uh and soers Mill and 355 would interact just at that one point.
It was important to be able to get folks from that northern piece, and so to serve as a bit of an extension of the red line further north, uh it made more sense uh to start extending to the north.
Uh and and their fiscal realities of this, right?
500 million dollars is is a large project, and so we need to be able to uh to get that done in a way that's uh responsible uh and in a timely manner.
And so we felt like that getting folks into downtown Rockville uh was the most prudent way to do that.
And so that's why we stopped it right there.
We I don't even think that crossed our mind about getting through the Veers Mill intersection, though that is definitely difficult.
Um but it was really about getting folks into downtown Rockville, uh, and and as that would relate to our application with the FTA.
So it really enhanced our application.
We we got a super strong rating.
We got a medium high.
Now, you know, and in our world, that's uh you've done exceptionally well to get that.
And a lot of the reason is because we came to downtown Rockville because of the economic development opportunities that creates, the opportunities it creates for folks uh in the northern portion of the city in Gaithersburg and then in German town to be able to get into downtown Rockville.
Yeah, no, I I I appreciate that explanation.
I just kind of wanted to think through it because I think that for the folks along Beers Mill, they were really wondering how that was going, uh how the mixing bowl is going to be affected, because I think we all realize that that's just a problem in need of a solution for sure.
Um thank you for thank you for all of this.
I can say for sure.
Um I hope that we can do real um strong uh community notification around the time that the construction is happening on Beers Mill.
I don't think that it's BRT related, but even with a very small utility project that was actually happening in one of the service lanes, we had um uh very long backups on beers mill recently.
So I know that the impact is going to be to be felt because we don't have that much, you know, that much space, and for many people that live along it, um, that's really the only way they can get out of their home.
So I appreciate that.
And any way that we can help to uh educate our residents, especially um our residents that live right on Beers Mill, um, and do some some myth dispelling.
There's been a lot of uh I'm sure you're aware, a lot of uh rumors that have caused um a lot of of uh heartburn for some of us.
I think that the more we work together on all these things and can facilitate communications and anyway.
Um I'm really appreciative.
So thank you very much, and thank you to your entire team for the presentation.
Thank you, Councilmember Fulton.
Hi, thank you for this presentation.
I do have one question to clarify the timeline to make sure I'm understanding right.
Um slide 20 shows utility construction starting in 2025, construction starting in 2026 to then open at the end of 2028.
The prior slide says that utility construction started in 2026.
If I'm reading it right, so does that mean is the opening in jeopardy, or am I misunderstanding how it's depicted?
It may be a simple mistake.
Okay.
Let me go back.
Excuse me, I went a little too far.
I see.
Usually the simple explanation is the correct one.
Always is usually a mistake.
Give me just a moment and let me look real quick.
I think it's this one, right?
Yeah.
Uh so it's it's really a combination of multiple things going on at once.
So the start and 2025, so the top bar is really uh it's about the property acquisition process.
So we did start the property acquisition process uh in 2025.
We actually started moving utilities, which is probably some of the concerns you recognize because we were out there moving some polls uh where we had the right of way and had the ability to go ahead and get started uh in that process.
Uh construction in a more full way.
This is where it's a little bit hard to communicate big picture, right?
So construction in our realm means that you have bulldozers digging up things for stations.
From the public perspective, construction means anything out there with a truck, right?
Construction feels like a utility truck replacing a pole.
And so we were struggling just a bit with how to make that clear.
I don't know that we've that we're perfect in that.
It doesn't change the timeline.
The the end point of that timeline is the end of 2028 when we look to open service.
So I'm sorry for the confusion on that.
Perfect.
Your last sentence clarified for me.
Appreciate it.
Thank you very much.
Dr.
Miles.
Thank you, Madam Mayor.
I echo the thanks of my colleagues, and you've answered a number of questions already that I may have brought up.
The only residual questions related to my colleague here, and I do recognize the difference between this project and the purple line that we've been hearing about.
There are lofty goals, there are timelines that were missed.
Um what I mean, this this seems pretty aggressive.
It's just around the corner of 2028.
What challenges do you foresee in meeting this this timeline?
Um and then there's a variety of challenges.
I could go for much longer than you want me to talk on challenges.
Uh, I think the basic ones uh when you deal with any sort of infrastructure project, right?
When you're dealing with multi-hundred million dollar projects, the number one and number two thing, and it can vary on projects is always going to be right-of-way in utilities, right?
It's always going to be dealing with right-of-way, and it's always going to be uh dealing with utilities.
So those are number one and number two risk, and it varies from day to day, which one is which.
Um, we're working to in collaboration with our utilities very closely.
We've already started, so we're ahead of time uh working with our utilities, moving utilities where we can.
So that's that's the first thing.
Um but as far as right-of-way, we've contracted uh with some consultants to assist us in that process.
We've added to our staff, we've multiplied our efforts uh in order to get that in a timely manner because those are those are very risky things uh to to that will inhibit us from hitting our timeline.
Uh but any time that you're dealing with infrastructure projects, it's always those two things.
Um, you know, there's as you get into construction, you start thinking about maintenance of traffic, which we were talking about earlier, making sure we can make sure that uh making sure that folks can get in and in and through the quarter uh relatively easily, limiting those hours, uh, trying to miss the peak hours in as much as possible.
We'd love to work in off hours, but the reality is this is a residential quarter that's not really going to be in the cards uh with some very rare exceptions when we have to do cut-ins and cut across.
Uh that's ideal, but we don't want to do that.
We don't want to disturb the residents at night.
People need to sleep well.
Um, and so we'll do the best we can to minimize the disruption on MOT as well.
Thank you.
I thought you were going to say funding.
That's always a wild card, right?
I mean, the reality is 80% is coming from the federal government, but you know, I'd like to, you know, I'll note that our federal colleagues have been very helpful.
They've worked with us, we're interacting with them almost on a daily basis at this point to get our grant agreement.
We really think that sometime this summer uh we're likely to get our grant agreement.
And at that point, once we get the grant agreement signed, then that puts things in stone, and then we can get to our uh negotiation with our contractor to get our guaranteed maximum price, which then allows them to start moving dirt and make this project a real reality.
Thank you.
We appreciate all the work that you're doing.
I know there's a lot of challenges and hurdles you're jumping over every day.
Uh so thank you for that, and please keep us posted.
Indeed.
Thank you for your support.
Thank you for your time.
Glad to come back.
Thank you.
And they'll be sharing their 2025 annual report.
I'd like to welcome Meng Sung, who serves as the chair of the Planning Commission, uh, Jim Wasilock, who's chief of zoning, and I also see uh Mr.
Eric Felton, who's also in the audience.
I also want to recognize uh panel of participants, Nicholas Dumay, Senior Assistant City Attorney, Jamie Espinosa from the Rocco Planning Commission, Cheyenne Saludin, I mentioned Mr.
Fulton, Susan Pittman, and Jeff Zayance are also planning commissioners.
Thank you.
Thank you, Madam Mayor and members of the council.
Um, this is the planning commission's annual report for calendar year 2025, uh, when the commission uh was hard at work on a number of items.
Uh and this report reflects that.
Uh the report is actually a requirement of the state of Maryland Department of Planning, and uh we do this every year uh to not only inform you as the governing body and the public, but also the state in terms of the planning activities uh that our commission is working on, and just uh about planning in general in Rockville.
Um, just to review the planning commission's responsibilities.
Um, the commission reviews and acts on certain applications, such as level two site plans and plans of subdivision.
Commission makes recommendations to you, the mayor and council on zoning text and map amendments and project plans and to the Board of Appeals on special exceptions.
Um major responsibility the commission has is to prepare and approve elements of the comprehensive plan.
Um and the commission also approves annexation plans uh when those petitions are brought forward and reviews and acts on proposed public projects uh in accordance with the land use article.
And uh to conclude that review, I'm gonna turn it over to our current chair, Meng Sun, who will talk about the accomplishments and activities of the commission uh in 2025.
Thank you, Mr.
Westlack for the introduction.
Good evening, Madam Mayor and Councilmember.
Tonight, it's my pleasure to present the planning commission activities in 2025 to you.
I am Monsen, current chair of the Planning Commission.
Our chair during 2025 was Jamie Esponosa.
Jim Watsleck is our staff leader, and Mr.
Nick Dumains is counsel to the commission.
The plan commission has seven seats and currently filled with six.
The commission is composed with a very diverse group of members who are passionate about planning in Rockville.
So I'm joined in chamber tonight by fellow commissioners uh Eric Fute and Jeff Zain.
And I'm joined online with Commissioner Sulan Pittman and Commissioner Shea and Salahdin and Jamie Espinosa that cannot join us tonight.
Our newest commissioner is Jeff Zaines.
He's a retired Rockville resident, being appointed in December 2025.
Commissioner Sainz brings to the commission his expertise of 32 years with coming uh Montgomery County Planning Department, 14 years as a land use attorney before the county council, and finally an interim county planning board chair in 2022.
The 2025 Planning Commission Annual Report provides an overview of the planning in Rockview and detailed activities in which the Planning Commission has engaged last year.
As has been the case historically, the report is thorough, will organize and provide a clear and comprehensive overview of the Commission's activities and accomplishments.
I want to first express my great appreciation to the extensive assistance from the planning staff to ensure the smooth operation of the commission meetings, from staff reports to live broadcast on TV and to document all the meetings with minutes and videos online.
I want to thank Mr.
Westlak and Minister Dumains, who constantly provide us with vital guidance and support with their professional expertise.
And special thanks to Ms.
Holly Siemens, Ms.
Katie Gerber's, and Mr.
John Foreman for their dedication in the Zooming ordinance rewrite process.
And as you can see on this slide, I'm proud to report to you that the commission has accomplished quite many activities in 2025.
A total of 16 Planning Commission meetings were held.
The Planning Commission has reviewed and provided recommendations on three zoning tax amendments and three project plan amendments.
We approved 19 subdivision plans and five set plans, with a total of 1,005 drilling units and 719,000 square feet of office and RD space.
Regardless of the application's size, location or potential impact, the commission evaluated each proposal through the lens of Rockville 2040 Comprehensive Plan and City Zoning Ordinance.
Every application received fair and thoughtful consideration, informed the community input.
We are committed to ensuring all participants are welcomed, respected, and heard through the process.
Our commission values thoughtful debate and diverse perspectives, recognizing that our decision can shape the community for generations to come.
While differences of opinions are natural part of our work, we maintain a strong culture of collaboration, respect, and shared purpose throughout our work in 2025.
The highlights for 2025 is work sessions on zoning ordinance rewrite and comprehensive map amendment.
The planning commission has held five robust work sessions to help prepare the draft zoning ordinance that was published in December 2025 for citizen input and review.
The work completed in 2025 has positioned us well for the next phase in 2026, which will focus on public input, refinement, and final adoption in June.
Next slide, please.
As you can see by this map, the Planning Commission 2025 activities has an impact on every neighborhood in the city, with the focus on growth corridors along Rockville Pike and I-270.
I want to highlight some projects here.
To the north, in April 2025, Planning Commission recommends approval to annex the Shady Grove Metro station.
This will be a strategic move for Rockville, and we will become the only city in Maryland with three red line metro stations.
This will bring Rockview additional opportunities in implementing more transit-oriented development and strengthen Rockville's impact to the region towards smart growth.
Not far from the Shady Grove station, level two site plan for three new research buildings along this road were approved.
This project responds to the increasing market demand for the life science users in the area and aiming to eventually create an overall life science office campus.
Many new applications are concentrating around the town center area.
Examples including the level two-side plan to convert retail space to 13 residential units at 198 East Montgomery Avenue and the project plan to allow construction of 147 units 100% affordable multifamily building at 41 Maryland Avenue.
Those projects have demonstrated Rockville's commitment and flexible strategy to support to supply affordable housing in a workable location.
To the south, near Twinbrook Metro Station, a multifamily redevelopment known as Twinbrook Heinz were approved in February 2025, bringing 437 multifamily residential units with ground floor retail.
This project will continue advancing the implementation of the Rockville 2040 vision to supply housing near transit and to enhance Rockville Pike's market potential.
I'm excited to report to you that several projects approved by the commission are under construction, including the North Side, Farmstead, Tower Preserve, Roxhare Village, and Bertle Square.
These activities highlight Rockville's continued strengths as a regional destination that attracts new development and residents seeking to leave work and enjoying being here.
Next slide, please.
To look ahead for 2026, the planning commission will continue its responsibility to review and act on development applications to make recommendations to mayor and council on zoning tax map tax and map amendments and product plans.
My commitment to you is that we will continue to advance the goals of Rockview 2040 comprehensive plan while upholding our longstanding commitment to public engagement.
So far in 2026, the Planning Commission has held several substantial roles in the process of zoning ordinance rewrite, holding multiple work sessions and public hearings and have in-depth discussion on various topics.
The planning commission will consider its actions through a lens of modernized zoning ordinance, streamlining the development approval process, and developing a user-friendly code that implementing comprehensive plan as well as providing flexibility for renovate for innovation and adaptation to future market and community needs.
To conclude, on behalf of my fellow commissioners, I want to thank you, Madam Mayor and members of the council for your vision leadership and dedication to Rockview, where we all call home.
The planning commission is an integral part of Rockville community, bring together dedicated volunteer residents to help shape the city's future.
Our work will not be possible without continual support from the mayor and council, as well as the active participation from the community members.
I look forward to a productive and successful 2026, and thank you for your time.
Thank you so much to the entire planning commission.
Thank you to the staff liaisons.
We will not grill you on questions.
And we greatly value the expertise that you bring to the table.
Thank you.
Thank you, Matt.
Thank you very much.
Thank you.
Thank you.
And I'll just say one note to Mr.
City Manager is that we take a look at our population estimate.
Because we have bought some new units online.
It's in the report, and just want to make sure we send the updated number to the state when we file it.
Just a few units.
Thanks, Mayor.
Thank you.
We'll now move on to our consent agenda.
We have several consent agenda items, and I will note this is typical because we're coming on the end of the fiscal year, which ends at the end of June.
We have consent agenda item 9A, which is adoption of resolution to revise the city's statements of investment policy for the investment of the city's operating and capital funds.
9B, award and authorize the city manager to execute a contract responsive to invitation for bids, which covers the LED streetlight conversion as part of our climate action plan.
C award and authorize the city manager to execute contracts responsive to IFB 16-26, which is construction, repair and maintenance of concrete and brick infrastructure.
9D, award of the IFB 1926 to support the Glenera Glenora Park Stream Restoration Spot Repair Project.
E to authorize the city manager and award to execute contracts responsive to IFB 1726 that supports streetlight maintenance.
F, which would award and authorize the city manager to execute the rider agreement, H E F P L C and the amount not to exceed just 1.194 million with pricing consistent with source wall contract for electronic senior shuttle buses and direct current fast charging.
So that supports both seniors as well as our climate action plan.
And the full numbers are listed online.
I am summarizing very briefly.
G would authorize the city manager to execute a rider agreement with a stowned business solutions for the purchase of dark fiber upgraded and new internet lines at the following city locations to support City Hall, the senior center, police station, TAF court, and the data center.
H with authorized the city manager to execute contract amendments to 28 contracts issued pursuant to request for proposal for professional architectural engineering and other related services.
I to award and authorize the city manager to execute contracts responsive to temporary labor services to PT Cleaning Services LLC.
And that is where we are.
A through I.
Does anyone have anything to ask for poll?
Councilmember Valeri.
Yes, Madam Mayor, I would like to pull item F.
The electric senior shuttle buses, and item G, the dark fiber and internet upgrade item.
Thank you very much.
And Councilman Van Gratt.
So not necessarily pulling, but I know I exchanged with staff with regard to item D.
And I just want to clarify because I think this I won't need to pull it.
City manager, I know that there was a discussion during this budget session with regard to what we're doing for stream renovations surrounding Watts Branch, Watts Branch and the areas surrounding Falls Mead.
I know that Glenora Park Stream flows into that.
My understanding is that those are still being put off, but because of investigations that we've had based on our spot checking for environmental regulations, this is separate and needs to be done separate from those CIP.
Is that correct?
That's correct.
Okay, so this is not in those general restorations, which are more macro talking about watch branch.
Correct.
Okay.
And we're still within our MBDS permit allotments and requirements by doing this spot check.
Absolutely.
All right.
Madam Mayor, I'm not pulling it.
That answers everything I need.
Thank you.
Given that there are some questions on the fair number, I'm just gonna say why don't we ask our questions and then we can maybe approve all at the same time?
Does the body support that?
Yes, thank you.
Councilman Valeri.
Thank you, Madam Mayor.
Um, yes, um, that was my understanding of the process.
So I do just have a couple of questions for Mr.
City Manager.
Um item F, the electric senior shuttle buses.
Um, can you share?
I know I've I've I've raised this before.
Um, just generally um what specific routes are using these buses in particular.
These are mainly to take seniors onto specific um events that they need to attend to.
Okay.
Our senior buses are in really poor shape, got poor gas mounts, and honestly, we're uncomfortable for the seniors.
Sure.
This addresses all those issues, but more importantly, provides it with a more sustainable current.
Gotcha.
Um I I asked this because not that it's not um important, but I think that we've talked in the past about um getting more seniors um farther away parts of the city to the senior center.
So not necessarily getting seniors out and around, um, but more so the route, if you will, um making sure that more folks feel connected to the senior center given that it's not um in everybody's backyard.
So um I just want to make sure that that's something you know that we're looking at.
We also use shuttle buses for other things for other um uh constituencies, other groups of folks.
So I just want to make sure that we're um we're be we're acting equitably in terms of you know where we're investing um a not insignificant amount of money.
I think it's absolutely worth it, and we're gonna make it back in many ways, but um, I I always kind of my eyebrow goes up because I think that all folks um could use access to these sort of uh shuttles on item G, um, and this is my last question.
I was not going to ask this question.
Um, can you share a little bit?
I I did not have time to look this up.
Why part of our rider agreement is the Equinox Data Center in Ashburn?
That's just an area where the sum of the data is processed.
That's really it.
If you think about all those city locations, senior center, police station, TAF Corp, tremendous amount of data going back and forth.
We're purchasing the dark fiber to make sure that we have enough internet capacity moving into the future, and that data has to be um processed in certain areas, including data centers.
Okay.
Um, I just, you know, it was a little bit like the old Sesame Street, like one of these things doesn't belong when I was reading through that list.
So I just wanted to make sure, um, seeing as this is a topic that a lot of people are paying attention to.
Um, and it that does make sense um in terms of our internet access.
So thank you.
That is actually very helpful.
Thank you.
I just will share a couple quick updates.
Uh, just we um one second here.
Uh question for you, Mr.
Mahalich.
The senior center bus can pick up some residents at special requests.
Is that correct?
That's correct.
Okay, so I just want to know because I was talking to seniors who are were feeling isolated, and I appreciate your question.
Just to support geographic equity to the center for the senior center, they can get in touch with the senior center if there's a special need for transport.
That's correct.
And we also take seniors to the grocery store at times.
We do.
Yes.
So thank you to everyone at the senior center, and thank you for advancing this initiative.
Okay.
All right.
Is there anything else?
Okay.
Do we have a motion to approve?
Who wants to do it?
Councilmember Jackson.
Thank you, Mayor.
I'm move to approve consent agenda items A, B, C, D, E, F, G, H, and I.
Thank you.
Do we have a second?
Councilmember Fulton seconds.
All those in favor, please raise your hand and say aye.
Aye.
Thank you.
Excellent.
We'll now be moving on to agenda item 11A, which is an adoption of the ordinance to amend ordinance number 2A-226 to appropriate funds and levy taxes for FY 2026.
We are not changing tax code, just to make sure people hear that headline and know uh that we have maintained our tax at the same rate.
Uh I'd like to welcome Mary Sue Martin, Senior Management and Budget Analyst and Finance, as well as Stacey Webster, our CFO and Kim Francisco Deputy Chief Financial Officer.
Thank you.
Welcome.
Thank you.
Good evening, Madam Mayor and members of the council.
This is the fourth budget amendment for FY26.
This amendment includes a four million dollar increase to the general fund transfer to the CIP, and that's funded from excess reserves to support capital projects programmed through the five-year planning period.
Also revenue supported adjustments for recreation programming and the red light camera photo enforcement program based on higher than budgeted activity.
Adjustments to several special activities fund accounts supported by program fund balances, water fund arbitrage expenses and contingency replenishment, additional funding for blue planes operating costs to cover the city's settlement charge for actual usage beyond build estimated usage in FY25 and year-end administrative adjustments to align budget authority with updated estimates for leases and spIS as well as depreciation.
If this budget amendment is adopted tonight, the total appropriated by fund will change as shown on budget ordinance in your attachment one.
And tonight staff recommends that the mayor and council introduce the ordinance, waive the layover period, and adopt the ordinance.
Thank you.
Thank you very much.
We appreciate always the work that you do in finance to not only plan for this fiscal year but to help keep us on target and fiscally strong.
Does anyone have any questions?
Councilman Valeri.
Thank you, Madam Mayor.
Um I did have one question actually.
Yeah, I do have just one question.
Um the $4 million in the CIP transfer.
I know that we were it was previewed in um last budget work sessions.
That's not a surprise.
Um but I I am curious about the allocation of that four million dollars for that time period of fiscal year 2027 to 2031.
Um how do how are those decisions made in terms of you know uh again resource allocation at the end of the day for we have so many different CIP.
Um I'm just curious about how this will be allocated.
Sure.
So the four million isn't assigned to a specific project, but rather because our CIP is balanced over the five-year period, that additional four million allows us to do the things that we have programmed as funded in the CIP that you were presented with over those five years.
Sorry, I didn't catch the the last part of that.
The everything that is funded through pay-go funding over the over the five-year planning period of the CIP.
So 27 through 31, that pay-go funding supports those um programs.
Okay.
So that's that's essentially the allocation is anybody that has it connected to the paygo funding.
Okay, that makes absolute sense.
Um I think my I think that was all I think that's all that I had on here.
I it was interesting to see that um our that the citations, the red light camera citations exceeded budget.
Um, maybe everybody should follow the rules of the road.
Um, but with that, are we just kind of setting that portion aside?
I know that is a budget amendment, but I I'm I'm guessing I'm trying to figure out you know, that difference in the budget.
Does that also just kind of get pushed to the next budget cycle or where are we looking to allocate those additional funds?
Are you talking about the difference between what we need to pay for our red light camera program and the amount that we bring in in revenue?
So at this point in time, it's just an addition to fund balance, addition to reserves.
Sorry, I didn't I didn't get to the end of that that last one.
I'm sorry, I must not be close enough to the microphone tonight.
Sorry about that.
Um it's just um we have it shown on your, I think it's attachment two, as there's an addition to reserves.
Okay.
Um so it just gets added to reserves.
Okay.
Thank you very much.
That's really helpful.
Thank you.
I have a few quick questions.
Uh the arbitrage.
I just wanted to note staff is closely monitoring that, and things will this will be bought to resolution.
And to my understanding, this is budget neutral.
It's not costing us anything and per se, we're just reimbursing the interest.
Is that correct?
That's correct.
We have to pay to the IRS the um a portion of the interest that we've earned that exceeds what was paid to the uh bondholders.
Excellent, thank you.
And that will support water main and rehabilitation and those projects are planned for.
We have things coming up on agenda, and you're moving forward.
Excellent.
Thank you.
Um, I just wanted to also note that um it it appears that there are more people who have needed help.
And so the senior assistance fund, we're part of this budget amendment is to support our seniors as well as the housing opportunities fund.
So I just wanted to note that.
The other thing that I think is important for the public to know is that we still remain with the within the budget amendment, uh, maintaining 20% of our reserves, and in fact, we're still gonna be four million dollars over.
Is that correct?
That is correct.
Over four million um over the 26 target.
Excellent.
Thank you very much for confirming.
Okay.
Seeing no more questions.
Do we have uh can anyone introduce the ordinance?
Councilmember Fulton.
I introduced the ordinance to amend ordinance number two a twenty six to appropriate funds and levy taxes for fiscal year 2026, budget amendment number four.
Thank you.
Do we have a motion to waive the layover period?
Councilmember Van Grak.
Madam Mayor, I move to waive the layover period.
Councilmember Jackson, second.
All those in favor, please raise your hand and say aye.
Aye.
Excellent.
It's unanimous.
Next, we need a motion to adopt the ordinance.
Councilmember Valeri.
I move to adopt the ordinance to amend ordinance number two a two six to appropriate funds and levy taxes for fiscal year 2026, also known as budget amendment number four.
Thank you.
Do we have a second?
Councilmember Shaw seconds.
All those in favor, please raise your hand and say aye.
Aye.
Excellent.
Thank you very much.
Okay.
Um we have thank you to the finance team.
We have about two and a half hours of work sessions coming up.
I'm gonna propose a small break if that's okay with everybody.
All right, let's come back in about five minutes or so.
Thank you, welcome back, Rockville.
We're reconvening meeting 16-26.
We have a work session under agenda item 12A, discussion and direction of chapter 8 election code rewrite recommendations from the Board of Supervisors of Election, Historic Preservation Plats, and subdivision.
I don't know why that says that at the end, but we're just gonna do elections.
Um we've already had that discussion, and we will meet again on that part on June 29th.
But we're gonna focus today on the election code rewrite, and we welcome the feedback.
I know Miss Sarah Taylor Farrell from the city clerk's office is gonna focus on sharing the updates from the Board of Supervisor of Election, and we also appreciate Cindy Walters, acting city attorney, and as a panelist, we also have Veronica Mitchell, boards and commissions coordinator for the city clerk's office.
I also want to acknowledge that we have several members of the Board of Supervisor Election in the audience with us today.
Steve Squared and Mr.
Kernick, thank you for being here.
Thank you to the BSC, all who are here and who were here earlier for your work to examine where we are and to provide solid recommendations.
With that, I'm going to turn it over to our presenters.
Good evening, Mayor and Council.
Tonight we are going to focus on this work session.
It is intended to provide an overview of the Board of Supervisors of Elections recommendations and preparation for our November 2nd 2027 municipal election.
We're our outline, we'll do an introduction, our timeline, our BSC recommended actions, our BSC recommendations for the 2027, recommendations for mayor and council, recommendations amending chapter 8, and recommendations for the BSE and city staff and some closing remarks.
I will start by the purpose is to review the recommendations, receive policy direction from the mayor and council and establish framework for the election code rewrite and the charter amendments.
These recommendations will be discussed, but they were held and discussed by the BSC after the 2023 election as election concerns of the code and also those lessons learned during that 2023 election.
Next slide would be the timeline.
Staff in the BESC have developed a timeline to complete the election code rewrite, the charter amendments, and the election preparations.
Key milestones include June of 26 Mayor and Council Policy Direction, which is tonight, summer fall 26, drafting and review of the election code amendments.
October and November 2026 public hearings and adoption.
And November 2nd for the municipal election itself.
The first one use of vote by mail to conduct the 2027 election.
This would allow us to have the third vote by mail election, and it has been received very well by the community, and it has shown to increase voter turnout.
The second one request is to establish a third vote center on the east side of Rockville Pike.
This would allow those new developments down in the Twin Brook Quarter, and also to have a designated vote center since the population is grown in that area, and also to make those uh residents feel more inclusive in that area that may not know that they're eligible to vote in the municipal Rockville election because we had some of that in 2023.
The third one is to provide a stipend to the BSE members who serve the year of the election.
2500 would be for the board members and 3500 for the chair.
We have did some outreach.
There are several jurisdictions that do pay their BSE members.
And we can go into more detail with that.
The city of Gaithersburg pays their election workers 2500, Frederick primary and general 2,000, Tacoma Park 40 per meeting.
I did not hear back from Annapolis.
Um Bowie, um Maryland does pay their board members, but it is it is established through the mayor and council annual budget process during election year.
With that, I would like to just pause and get your feedback on those three recommendations or any questions at this point.
Thank you.
I did have, I know in the staff report, there's one more item in this section, and it's regarding the city attorney participation.
Is that is that something that you meant to not include in this section, or are you gonna address that?
No, that's gonna be a given in this free write.
So make sure I didn't miss it.
I know that was really important to the board of survivors.
Yes, it was a but we've had our conversation with that.
Okay, so you're moving forward on that.
Yes, perfect.
Thank you.
And I just wanted for the listening public to note that we did have uh detailed discussions on the referenda and went line by line through the election code and provided mayor and council's feedback.
So this is this session is focused on listening to the BSC and then moving forward, you know, you know, responding to their specific recommendations.
And are you gonna take our recommendations that we went through previously and on referenda, combine it with what we provide you tonight, and then move forward with the election code?
Is that correct?
Absolutely, and bring back a draft before everything.
And then I received a different number from Gaithersburg on the BSC.
It's uh they said 1500, but I just would maybe we can get some additional work done on that.
So just the confirm.
Excellency.
Okay, we'll check into that.
Thank you.
Uh so we started before with Councilman Van Grack.
I will come back to you as you requested, and then so that would put you up next.
Councilmember Jackson.
Thank you, uh, Mayor.
Um so I guess uh thanks to the uh uh BSC uh for the recommendations and for your uh presentation.
Yeah, I I just have a question about the the stop ends.
Um, you know, it's a I understand that they do a lot of work, um, especially uh in an election year, uh, but they are um uh one board among many boards and commissions, and so I just worry about the slippery slope.
I mean, if we have uh one uh body that is uh uh getting a stipend w regardless of whether it's um warranted or not.
Um other bodies, especially Symbio uh judicial quasi judicial uh bodies, um might uh expect the same.
And I mean I I can't really argue uh uh about that.
Um particular about the planning commission as well as the historic district commission.
So, you know, I mean, if we if we're gonna go down this road, we should have a uh broader conversation about compensation for every board and commission rather than just one, um, would be uh my initial comments uh on on that.
Um as to the other uh recommendations, uh it looks fine.
I mean, I think the vote by mail can continuing uh we just that's a no-brainer.
I mean, we know that vote by mail increases turnout is uh uh uh the ease if with was you can cast your boat vote um is proven, and it's really uh a good way for uh people with disabilities, mobility challenges um to be able to guess a vote without uh you know traversing to uh a vote center.
So uh totally, totally uh support that recommendation.
I think um vote by mail is proven to be the way uh to way to go.
Um more questions.
Uh I look forward to the rest of this conversation, but I think um we're off to a good start.
Thank you.
Thank you again.
I uh want to echo my colleague in saying absolutely on vote by mail.
I know that's a given, but given the national discussions, I feel it's important to say Rockville was the first jurisdiction in Maryland to do vote by mail.
I want to thank our city clerk for leading that charge with the city council at the time.
Uh and it practically almost doubled the voter turnout.
And as my colleague mentioned, it really does expand accessibility for voting uh for people of different needs.
So I really appreciate that, and I want to continue to support it.
Um the third vote center, absolutely.
I know this is something that we discuss as a body to try to make sure that we're looking at geographic equity across the city.
Um so thank you for uh noting that.
And in terms of the stipend, I do believe that um we should at minimum be reimbursing.
I uh to my understanding there's been some question about whether BSC members can be reimbursed.
They actually do a lot of things where they're traversing the city, they are uh traveling at night, they may be paying parking, whatever it is.
I do think at minimum um they should be getting reimbursed and maybe even retroactively for the work they did last time.
I if they did not get reimbursed.
So I I think that I would like to have a better understanding as to what were the limitations there, because they should not have to pay to serve.
Um I just I feel very strongly that we need to at least be reimbursing them.
I do agree with my colleague that we do need to look at this in the broader context because I was looking at um, and I appreciate this being raised in the broader context.
Um when other jurisdictions have moved in that direction, they have paid other forts.
And so we need to look at which boards are those, um, in addition to the ones my colleague mentioned with HDC and Planning Commission, there has been Board of Appeals, um, as well as the BSC.
So I think that maybe need the holistic discussion.
I don't know if that's something that we should have a work session on.
I'm open to that, or even like when the compensation commission meets, they they have a methodical process to looking at what other jurisdictions are doing.
Uh so I just wanted to say I would love to get more information about that, but we should at minimum be reimbursing uh so that they are not coming out of pocket to serve the city.
Okay, thank you.
Thank you.
Um absolutely want to co-sign what um my colleagues have said so far.
Um very much we need to uh uh double down on our commitment to vote by mail.
Um I now more than ever, so absolutely.
Um I I am ecstatic to see the recommendation to establish a third vote center on the east side of Rockville Pike.
I think that's gonna make a big difference.
It's all about accessibility and and a visual um reminder that um we have municipal elections and um you may be eligible to vote in them.
I I think that is phenomenal.
So um I'll be interested to see um uh what sites might come under consideration.
Uh I think that that'll that'll be uh maybe not tricky, but um that I think will play a big role in whether or not the location is uh successful, in my opinion.
Um I I also agree with the uh the stipend discussion so far from my my colleagues before me.
Um I think if we are going to have the stipend discussion, then we do in in the interest of of equity at uh a minimum, include the planning commission, which we actually saw tonight during their uh uh report to us, do quite a bit of heavy lifting during the course of the year as well.
Um I but again that might be the bigger discussion of all the quasi-judicial uh commissions uh being provided a stipend.
Um, and maybe on an ad hoc basis, other commissions in which the workload is extensive, um, as myself and council member Shaw were on the charter review commission.
That met very toward the end of our report met, I felt like every day, but I don't think it was every day.
Um, but very late into the night.
So I think that that um that's a bigger and broader conversation.
I am with the mayor that at a minimum compensation for uh uh transportation, parking, um, which is a necessity for BSC members, um, and especially given uh the economic realities right now in terms of the cost of gas, I think that that would be an extremely fair uh thing to to do to provide.
And I know that they do quite a bit of traveling around um in our during our election year.
So um that's kind of where I land as well.
I'm in the immediate providing um mileage reimbursement, uh travel reimbursement, and then have the longer conversation about stipend.
Thank you, Councilmember Fulton.
So with the L set, I want to say I'm recused from any conversation about compensation for boards and commissions.
I defer to the body here, but if we're actually having that conversation, I'm happy to step out.
If we're deferring the conversation, I'm happy to keep going.
I think that from what I'm hearing so far, there's only been three having it.
So we're I think that so far we haven't gotten to the fourth yet to see or where if we're gonna move or not.
So I just wanted you to know that you may want to come back to that part.
Um we I don't think we will have it.
I think we're gonna at least get to travel.
I think this may be a broader discussion.
Okay, because I just don't want to be here for that.
We're not having it, then we're not having it.
Um on the other two questions, yes to vote by mail and yes to a third vote center.
I I will note that the the item that was taken off of the presentation because it was decided.
I actually do have I guess questions on, I'm gonna have to decide it now, but mere physical presence of the office of the city attorney doesn't answer a lot of questions like is the guidance that's given the binding, is it like who's the client in that scenario?
I do think there's something that needs to be discussed on that.
We don't have to have it here, but I don't object to the overall recommendation.
Thank you, Dr.
Miles.
Thank you, Madam Mayor.
I associate myself with the majority of my colleagues with regard to well us segment or vote by mail if the city clerk and board of supervisors of elections think that they can pull it off for this election, then I'm supportive.
If they need more time, I'm supportive of that too.
I will follow your guidance on that.
Number two, establishing a third vote center.
I'm in support of that.
Number three.
Uh with regard to compensation.
I associate myself with the comments of my colleagues, uh, particularly Madam Mayor, um, and Councilmember Jackson introduced the concept of equity across other boards, commissions.
That's all.
Thank you very much.
Councilmember Van Grek.
Um, so first, um the um I think we're all pretty unanimous that vote by mail has been a tremendous success in the city.
There's no reason to go back to something that's been successful.
Um third vote center, absolutely.
We really got the kind of three sections of the city, the west of 270, central area, as well as the east of um uh 355.
There is no reason for us not to have to have one voting center in each of them.
Um, with regard to the stipend, my understanding is one of the main reasons we and many other jurisdictions do have some compensation for the board of elections is because they're not just meeting in city hall, they are meeting out on voting sites.
They are actually having to deal with moving ballots to and from, especially in an election year.
There is significant outlays that they have to do themselves that is not the same as just uh folks meeting at city hall or meeting remotely.
So, to the extent we are addressing this, not necessarily as a stipend, but as a recognition of the fact that they have outlays themselves on a regular basis on behalf of the city that's not compensated.
I think that fact is appropriate and makes it different than most other boards and commissions that are generally just meeting here.
And I think that fact needs to be acknowledged because they are whether it's a compensation for their own expenses or that we presume what that amount is approximately going to be in a given year and assign it that.
Um, and and I don't know whether stipend is the right word, it really should be a um some type of compensation for the fact that they're outlaying their own time using their vehicles.
I've witnessed members of the Board of Supervisor Elections taking ballots from the ballot box, driving it different places, and doing it throughout the time period, and that's something that we shouldn't take lightly, and they shouldn't have to outlay themselves.
Okay.
Councilman Basha.
Well, I agree with my colleagues and wanted to thank the VSC for the recommendations.
Um, I agree with all of them.
Umte by mail is fundamental to inclusive elections, and we have shown that in Rockville.
Um, I think there's actually a lot whole lot more that we can do to make it more inclusive, but we must have vote by mail.
Um I definitely agree with establishing a third uh vote center in um East Rockville.
And um in regards to providing a stipend, um I was under the impression that there so yeah, I I totally agree with this, but I was also under the impression that if there were expenses, they could be reimbursed to some extent.
Um I I'm interested to hear more about that because you council member.
So I'll just note that I asked that very question and was told that for some reason um that it wasn't happening.
So I have a follow-up specific towards our city manager's team to help ask and just clarify for the future because sometimes there's finance policies uh that are usually used for normal situations with like requiring a 50-mile radius for some travel reimbursement that we may need to adjust.
But I know the city manager will help us get to that in a second.
Um the the reason why I was asking that was because of um I just remember serving on the um the charter review commission, and that was that was offered at some point.
Um it was during COVID, I believe, so I don't think there were a lot of there was a lot of travel.
But um, I was just curious about getting that information.
I I will also just say as well, um there's there's actual data that says when you provide a stipend that um for some jurisdictions.
I know they did this in the county, um, it makes it uh more accessible for um more diverse communities to be a part of boards and commissions.
So I definitely agree and I agree with having a broader conversation for all boards and commissions.
Thank you.
Uh so this came up, and I know we talked about like our current code allows reimbursement, um, but I don't think there has been reimbursement for the BSC.
Um I just wanted to say, Mr.
City Manager, going forward, you've heard from us that we would like to make sure at least you know that the BSC is reimbursed and we all have a broader discussion in the future, but um there may be some travel policies to look at that don't necessarily align with your driving 50 miles that they're actually shorter locations, but this it's personal travel that they're paying for.
Uh, would you would your team be willing to work with the city attorney's office and city clerk's office to address this and to come up with potential new policies?
Yes.
Thank you.
Okay.
Councilman Valeri.
I would also put forward too um that maybe what it is is that we don't look necessarily solely at a reimbursement because maybe folks cannot put the money forward at the at the time, but that if someone knows who is on the BSC who knows that they'll be driving their personal vehicle, um, and and perhaps can come up with that estimated mileage, um, that that is also another option because I know that reimbursement um seems like the cleanest, but if you do not have a sort of uh uh funds at the time, it won't really be helpful then in the long run.
Thank you.
Councilmember Shaw.
Um so I I also just wanted to clarify my point.
Um, I think in addition to the reimbursement, there should be a stipend.
Um just paying our community members for their time is also just incredibly important.
Thank you.
And we should also, when we have that broader discussion, look at the volume of um commissions we have and like see if we're gonna do just quasi-judicial, but I would note that there are other commissions like HRC that works really hard.
So I think this is a broad discussion we need to have and say how does that impact the city budget as well.
And then some there are some entities that look at it as a pre-meeting, like I know Tacoma Park does that as well.
Um so would I know you all have a lot on your plate, but I would when we can have a discussion on how do we equitably approach this.
Thank you, it's noted.
Thank you.
So next we have about six slides, and I think it would be a good approach to um take each slide and um get our policy questions and recommendations answered rather than um do them all and then come back.
Um so we're gonna move forward with our first set of recommendations for chapter eight of the city code.
Um our first sections eight one.
We have expand definition of campaign materials to include robocalls, pre-recorded messages, and communications with audio components.
Um this would uh make it more clear that non-tangible campaign materials must be included in the disclaimer required by section eight one oh one-uh seven.
Uh second definition of camp committee.
Uh this would support authority that without a definition of a committee, Rockville's campaign laws were unconstitutional and vague.
We did have an organization who did report that to us during our review of campaign uh finance.
Uh they were a committee, but they said there was not a clear definition.
Uh eight another eight-one uh we would they the board is recommending deletion of absentee ballot.
Um the reason because vote by mail eliminates uh the need for absentee voting when everybody who is a register and eligible voter receives an absentee ballot, even our oversees and uh those who are requested absentee ballot originally.
Uh it's mostly those who are overseas and has an address that gets mailed to their either their home address or to their overseas address.
So anybody who is on the registered uh voters list is eligible to receive a voting packet by mail.
Um last 8-1 insert definition of contribution and expenditures with exceptions for those items not deemed reportable, like volunteer activities, campaign personal expenses.
Um virtually every other campaign finance law in the US, include the FECA follows this pattern.
So it would just be more in line with uh across the board, state federal elections that that campaign uh contribution and expenditures would be more clear.
So that's our first slide.
Would you like us to provide feedback now?
I'd like you to provide feedback.
Thank you.
Councilmember Jackson, now this is your official turn.
Uh thank you.
Uh unfortunately, uh there's a little bit here, and I I agree with uh all of it.
I mean, the I think uh to clean up the code um is uh a great goal.
And this this slide uh which I'm asked to you know comment on, it just uh is uh uh deals with the the definitions and cleaning up the code, and I I totally agree with it.
Thank you.
I also agree.
Uh I just wanted to ask two questions.
One is um I believe we've dealt with text messaging, but I just want to confirm this focuses on audio um components for campaign materials.
You also addressing text messages, because that is something that came up in the last election.
Yes, absolutely.
So that will also be required and considered a text a uh campaign material from those.
I guess robotexting, if you will.
Okay, all right.
Um and the other question I had is just as we remove absentee ballot, um, just making sure we have a clear process because there are people who may be at college or overseas or on assignment military people, just how they would engage with us and what's the process to request that.
I just want to make sure that somewhere in our information that is clear to the public.
Yeah, that's an education piece, and we've always struggled with that.
Uh what happens is this onus is on the voter itself to update the voter um uh registration, and that is in one of those four millers that go out.
We always stress please check your voter registration, please update it.
That's even for those college students that some who have graduated, they forget, oh, I'm I'm back home now, but they forget to change their registr their registration back to their home address rather than sending their ballot to their school.
So we do try to reach out to all those uh voters that we can and uh stress to them, please check your update of your voter registration.
I think and I just say it in the spirit of like if we're going to remove absentee ballot, which I understand why you're recommending that.
We need to actually provide education on.
I know you're away if you're away and you need to ballot mill, here's the process, uh, just so that is clear.
Because some people look at absentee and they're reminded, oh, I'm gonna be away.
I need to, I'm not gonna be home to get that.
What's the process?
So I just want to specifically call out something that is a trigger if you're traveling or away for whatever reason.
Here's the process, and we have that on our website and on all materials.
We can include that in our outreach as well.
Okay, thank you.
Councilmember Valeri.
Yes, hello.
Um, so I am really good with the expanding the definition of campaign material.
I think that's something that we'll probably have to review somewhat regularly because things will change and technologies will shift, and um I'm heartened to hear um to uh Madam Mayor's question that text messages are included in that.
Um we're already hearing from some folks who are receiving unbidden text messages, so I can only imagine that this will occur during municipal election years as well.
Um I'm cool with the inserting a definition of committee, can only do good things, be super clear from the get.
Um I agree with uh Madam Mayor on absolutely delete the definition in the code, that makes sense, but that is that is it's become shorthand for oh no, I'm going to be away.
So even just as part of the educational efforts, um having you know, even just a section on the election website that's like absentee voting, like are you going to be out of town?
Well, we're vote by mail, and et cetera, et cetera.
Um, I think it's a good teachable moment, but it is kind of in my head, like you said, it's it's like shorthand for oh, I'm not gonna be around on election day.
And if folks are uh new to Rockville, um maybe they're not quite sure how that that works out either.
So um that makes sense.
And I agree also as well with the inserting definitions of contribution and expenditure, um, with the exceptions for those items not deemed reportable.
I presume we're going to be getting into in-kind uh contributions because I see that the exceptions would be considered under federal law is in-kind contributions that would have to be reported, i.e.
volunteer activity, that kind of stuff.
Okay.
I just want to make sure.
Um, but yeah, no, I'm good with all of this.
Thank you, Councilmember Fulton.
I support all of these recommendations.
Thanks.
Thank you, Dr.
Miles.
Thank you, Madam Mayor.
I also support all four of the recommendations listed on this slide.
Thank you.
Councilman Van Grant.
Okay, before I get into this, I need a little bit of help and try to understand.
And the reason I say that is we've got a version that of the sec uh of um section 8.1, all the different sections.
Then this is the fourth version of something that we've seen.
There are edits to the existing statute, but we've got four different 8.1 definition adjustments here.
But on what we have, only one of them is there.
We only have the expanded definition of campaign material.
We do not have an insert definition of the committee.
We don't have a the clarification of absentee ballot, we don't have the insert definitions.
And I think this is critical because we've clearly got a problem with the definition of committee.
There is an easy way to interpret, but what we have in our draft has committee the exact same definition as what's in the code now.
We do have an expanded definite campaign material, which is good, but I think it should even be expanded more.
And we also don't have the clarifications of the definitions of contribution expenditures.
As we go forward into the other sections, there's also changes that this body has voted on that are in this code that's changed.
So my question is what is the draft that we received with the blue red line edits?
Is that intended to incorporate all of what we received, just some of what we received, or a starting point, or just part of the way there?
I don't know.
Are you talking about the draft received on April 27?
What we have in our agenda booklet specifically includes a part of the election code with specific red line edits, some of which are the has these changes, most of which don't have the changes, but also don't have changes that we voted on that are in this code as they are the same.
Okay, so those were the additions that happen in 2023, right before the 2023 elections.
Those were the changes that went into the current code that we are in now to chapter eight.
Those are in there.
So the so this is now that is just showing you the comparison of what changes were made right before the 2023.
So these are the changes that we that that were made by the previous body.
Absolutely.
So these are all incorporated.
So it does include text messages, our current code does, and we're talking about expanding those definitions to even broaden even more than what we have in the code currently.
Correct, because there were some issues about text messaging and how they should be reported.
And we weren't that inclusive at the time to understand what though what those rules and regulations were despite the so despite there being red lines, and some of those red lines are here, we're saying we need to do more than those red lines in what we're suggesting here.
Absolutely.
We need to tighten some more provision those provisions, yes.
So then the next question is does this also mean that some of the other aspects that we've already voted on that are in here that we've suggested to change are also going to be changed, or we're only looking at implementing these changes.
No, your your other changes and lists that we have, we're incorporating these and what the previous mayor and council you have adjusted for us to implement into the region.
All right, that's the the BSC's recommendations only.
Okay.
That they're bringing forth to you to say this is what we need to tidy up chapter eight.
So as a ministering the election, we need more depth to chapter eight with these provisions.
In addition to the other things we've talked about as a body.
Absolutely.
So anything that we've talked about a body, we don't need to add.
We're just trying to say with regard to these additional things of the Board of Supervisors of Elections is adjusting.
Absolutely.
All right.
So I would say not only are these um issues and especially the first and second one critical, but I think they should really get into it.
I mean, the the the degree to which committee I think has been utilized by other organizations to get around our rules is critical.
And we need to make sure we have a robust definition.
Same thing with campaign materials.
You know, when you get into campaigns and people are trying to take advantage, whether it's committees, whether it's organizations, whether it's candidates, the more and I'm gonna use one of our city managers' favorite quotes.
Clarity is kindness.
Um and we need to have as much clarity as possible.
And I think under the definitions, it's one of the blessed best places to have that clarity.
So there's no confusion about what is established and who's governed.
So I support all of these.
I agree that we need to make sure that there is a clear way that someone can receive an absentee ballot, um, even though we're doing mail in, there are people who are still Rockville residents who are not going to be receiving them at home.
So to the extent we can make that available, I think it's important.
But all these definitions, I think are critical for uh a proper um election code.
Thank you.
Council Member Bush.
I agree with my colleagues.
We definitely need to clarify uh these four items.
I will say for the first one, um, it would be helpful also to clarify the exceptions because I think some of the exceptions are included as member organizations, unions, um, associates.
Um there are some exceptions where you're sharing or texting or whatever to an internal uh organization or your like an it's it's internal.
I think also family was also included.
So there are some clear exceptions, and I think there was some confusion around that.
Um, especially if, like, for example, there's an organization where um a community member signed up to receive information like a newsletter or a receive text message just from that organization out in the community, um that could go under the exception or it could not, but I think clarifying where those exceptions are is really important because that's that would help candidates to know if they should put the disclaimer there or not.
Um and then um I definitely agree with the rest and defining what a committee is, and uh it makes complete sense to for an absentee ballot, and then also some more clarity around the fourth one.
Thank you.
Um I was just going to um just note if can you tell us are there is there state law on exceptions?
I mean, I obviously if someone is sending something to their family, that's makes sense, but we do need to be mindful that there are lots of associations and groups, and the goal is to be as transparent as possible.
So I I think that's that's what we want to be.
If safer to include it.
Sure.
I I mean, I'd have to look into you know what exceptions there are.
I mean, generally speaking, the state election code does not apply to us.
So we can define things as we wish.
Yeah, I mean, I to the extent possible if we're someone is sending a one-on-one message to one person, I think that's fine.
But in general, I think disclaimers are better if we can just be clear.
Um I I just I know that we're trying to make sure that people know where they're getting the information from.
Councilman Valeri.
Just on this point, there is, and I I can't recall what it is off the top of my head, but there is an equivalent to the can spam act that applies to text messaging, which is why the text stop to opt out of future text messages.
I cannot recall for the life of me, but it there's an equivalency there to allow for people to, you know, whether or not there's a pre-existing relationship to opt out of communications from that uh communications channel.
Councilmember Shaw.
I know we're gonna go through this um later on, but I think one of the exceptions could also be if if there's only one text message going out, then I don't know if we would need the stop function.
Um I think it's good to put it in there, but um I think if there's only gonna be one stop, I'm sorry, one text.
Um, I think it would just again just be good to clarify that.
How do people know if it's gonna be one text?
You're just saying if you're no, I'm talking about in the code.
Oh, like if there's only if there's only one text message going out.
But that's Councilmember Valeri.
Thank you.
Uh Councilmember Shaw, I get kind of where you're coming from, but again, under can spam, you could send one email, you can send 50 emails, you have a certain set of criteria that meet that you have to create a way for folks to unsubscribe.
And that's kind of the the at the heart of it.
So it again, it it's it's not so much about um uh quantity, but it is more about allowing folks to not get that communication channel and providing them the way the path forward.
So yeah, I think it's more information is better.
Um I I think it's more um to protect individuals and their ability to determine what communications they get at the end of the day.
Council Bushaw.
I wholeheartedly agree.
Um, I think some of the um the communication previously came from um members of the community that did sign up for things that could um unsubscribe uh to list or organization list or newsletter, and I think um being able to unsubscribe to all communications um is a good idea.
Thank you very much.
Next section.
Okay, our next um is 8-6A, close registration to vote city election 60 days rather than 45 days before the election.
And the reason for this would allow time for us as the BSC to check the voter information.
There would have been three, at least three mailers out, and the county would have already provided those updates in the system before they send the bulk update, which is the final update to the vendor.
That would allow us as staff and BSC to work with our IT and our GIS to do an overlay and to make sure that that voter database uh met all areas of our city and registered voters before, and it would allow us to see if they provided something called web delivery, which happened to us before that um was not something that we were used to even well, had no knowledge of because we're an all vote by mail.
So web delivery was sent to the vendor as those who opt during the federal and state elections to receive a web ballot, which we do not offer web ballot, nor have the capability of a web ballot, but this would all allow us more time to review our data before the state sends it up to the vendor because we do not have they do not allow us municipalities to send our own data up to the vendor provided through the state.
8-41A, substitute provision for specific locations of vote centers and drop boxes, a provision stating that vote centers will be established and drop boxes placed at locations recommended by the BSC and approved by the mayor and council.
Uh the BSC and uh recommended this change uh currently because they would know from previous elections, the voter turnout in these areas where we have drop boxes and also it would also it we think putting it in a code, you would never be able to move these uh locations around.
You would have to continue to place drop boxes and uh vote centers in those areas if it's written in the code.
Um eight-41C reduce the number of notices and reminders from four to three.
This is the one that we were saying that we have four mailers that go out.
Um by the time the fourth mailer does go out, um, we're balked up to with the review of that voter database.
So anything that is received back after that fourth mailer, uh, we we can't send it to the county or the state for any kind of updates.
It's more just information to our community because it's not enough time allowed to do any kind of updates before the vendor gets the final bulk up of the voter registration to mail out the voting packets, the ballot packets.
8-42A, delete provision on absentee voting.
Uh, we already went through that.
The um that just eliminates the vote by mail provision.
I won't go any further than that slide.
We'll move to the next slide after that.
Thank you so much.
I have a question about um the 841A.
Um, I know it's the comment was that we may not be able to make a change, but it can always come to um it can always come to the uh mayor and council to make a change, correct?
Absolutely.
They would make recommendations you would have to approve it at each time each election cycle, yes.
Okay.
And for the closing of registration and city elections, what does what is the county?
How do how what's the number of days that the county has with that?
Because people are normally they're registering with the county, oftentimes.
Absolutely.
But even closing registration, you still have the option of voting same-day registration here.
That is just a so it closes off the registration, the actual registration list that gets balked up to the vendor.
You still can register and vote on the same day of the election.
Understood.
But the county usually allows visit.
Do they have a shortened registration period before election or do they?
No.
No, they don't.
Okay.
I mean, but they have control of their voter registration data where we don't.
Yeah, that's true.
That's a difference.
Yeah.
I I was looking at this from the perspective of the voter versus us.
So I just like to give people them, you know, the most that we can.
I I totally understand and respect that reducing them of postcards doesn't help us clean our database, but it does provide an extra push to a resident to get educated and reminded.
And Rockville has been doing very well compared to some other jurisdictions.
We always need to do better, but on voter turnout, and I just would be uncomfortable with doing anything that would impact the voter per se.
Um so I would say for these, I would, and I know maybe being the minority here, but I would not change those.
Um, but I I do understand that you won't be able to necessarily clean the database.
It's really about an educational message, which I think is still valuable.
Yes.
Um and uh I I'm also for that purpose support, you know, would keep the 86A.
Um, and I I do believe that uh the BSC can come to the mayor and council.
I the only reason why was um I think there's a dance between the BSC and the mayor and council to be able to look and make suggestions on how we evolve and add these vote centers.
I think that you know, we the mayor and council have pushed in the past to add more of a geographic equity, and I value that um that it's clear where it should be.
And I'll give you another example.
We as you know, in 2019, uh we pushed on, I know I pushed on getting materials in Asian languages, and it wasn't in code, so they didn't have to do it.
So I I do believe just clarity is kindness to quote the the city manager and my colleague.
Um so I I I'm fine with keeping that section as is, and I do support what you're saying on 842A with the comments on education that we made earlier.
Councilmember Valeri.
Yes.
Um okay, so on 86A.
I I can see both sides of this, but I think it's more that it's like the cutoff point for the mail house to ensure that the ballots get to individuals.
So less about like we're cutting off registration of vote because we do have same-day voter registration.
Um it's always gonna look different to the county because county is not exclusively vote by mail.
So, you know, there it closing registration for them is is extremely looks extremely different than closing registration for us.
Um I think we need we could probably do, you know, in all our our free time a better job of promoting same-day voter registration.
I think that a lot of folks don't realize us an option.
I I you know, in 2023, I I feel like I talked Bloom in the face because I was like, you know, we got vote centers and we have same day voter registration, and a lot of folks out there that have lived in the county their whole life that don't know about same-day voter registration.
So I think um I'm cool with um 60 rather than 45 along as long as you know, um on the parallel track, we are um pushing out information about same-day voter registration and really um empowering folks to come to a vote center if they they find themselves in that place, which then goes back to more vote centers better.
Um so I'm cool on that.
Um I am I'm okay with the substitution of um 8-41A.
Um as long as we maybe create guidance or parameters on um uh that you know, in the in uh in the recommendations from the BSE that there is um um an emphasis on uh equity, not only you know, for lower voter turnout areas, but in general, I think equity as well, because um that's really what I think um a lot of us up here have been saying, like I was very heartened by the additional vote center because I think it does bring uh equity on a a variety of of levels.
Um maybe we'll get to a point where there's like a vote center in in every quadrant um of the city, but I think just guidance and parameters there.
I think um helpful going forward.
Um more uh clarity is kindness, I suppose.
Um 8-41C.
I I again I I can appreciate um the the need to reduce our our costs for sure.
We still have so much to do on voter education that I see that fourth as just that, hey, you know, um just a reminder.
If you haven't gotten your ballot, here are the vote centers, here you know, um there's still a lot of voter education that can be done with that fourth mailer.
Um I think it is uh the adage in marketing that you need seven touches to make one sale.
I think four is um, you know, less than seven.
So I'm I'm cool at four.
Um and to that extent as well, I'm cool with the deleting the provisions on absentee voting.
Thank you, Councilmember Fulton.
I support the first recommendation to close registration, uh specifically relying on the rationale just uh articulated by council member Ballery that it's not actually closing registration.
Uh I'm okay with uh substituting a provision that allows for sort of flexibility on vote centers and drop boxes uh with recommended by BSE and approval by Mayor and Council.
I would want to include in there something that I think was mentioned, like minimums.
I wouldn't want to lose the minimum number of vote centers and drop boxes, but I understand that there we might need to make changes to where they are.
Uh I don't want to reduce the number of postcard mailers for reasons said by my colleagues, and I am fine with deleting the provisions on absentee voting.
Thank you.
Dr.
Miles.
Thank you, Madam Mayor.
I'm actually okay with all of the provisions or changes proposed on this slide.
Uh the only addition was that many of the colleagues have made to the second one, 841A, um minimums and and things like that with regard to vote centers.
That's all.
Thank you.
Thank you.
Councilman Van Grack.
Um 8.6A.
I mean, I definitely support closing the registration to receive a mailing ballot from 60 days to 45, as long as we make sure that we still have the same day registration.
Um 8.41A, obviously the the uh the difficulty here is in the details.
As long as there can be an oversight, I think, from the mayor and council with regard to what happens, ensuring that the geographic distribution, the number is okay, I think that's fine.
Um I do not support reducing the number of postcard mailers, and while we might be able to delete the provisions of the absentee voting, I still think that needs to be an absentee voting.
That options gotta be there for, for example, a college student who still lives in Rockville that wants to vote in Rockville elections, some other aspect or someone is gonna be abroad for a month and is not gonna receive it.
So I still would allow that uh provision to be there.
Councilman Bushau.
Uh I so I'm going back and forth with the first one.
Um I I did have a question about uh voter registration and same day voter registration, so that was that was clarified.
Um I guess I would lean towards having it uh maintaining the 45 because um that just provides more opportunity for the community.
Um, but I'd like to see more information on that in terms of the mailer.
Um I do agree with uh 8-41A.
Um I strongly disagree with reducing the amount of mailers from four to three.
There are a lot of people in the city that may not check their mail regularly, and um could rely on another mailer to be helpful.
Um and I uh I do agree with um eight-42.
Thank you, Councilmember Jackson.
All right, last but not least.
Um let me ask on eight six A just uh to clarify again.
So what is the reason to go from uh 45 to 60?
It allows us as um a review of our own database before we turn it back over to the county and say we're good with sending it to the state for the bulk up.
It's giving us time to review it and to make sure they included the updates from the three mailers.
So has there been a problem before with the uh the the 45 days?
Yes, it it pushes you with the vendor close to the packets being mailed out, and you don't want to have rush the state via the county to send something that we're not prepared or have reviewed.
So that's what happened the last time.
And we want to make sure that doesn't happen this time.
It's just more of us uh uh review for us and before it gets sent to the state via the vendor.
Yeah, uh I've been going back and forth with this one, but 86A.
Um I'm a no.
Uh I think we should uh keep uh 45 days.
Uh I recognize what you're saying, but I did think it's important uh to uh be consistent uh with uh with the time on 8441A.
Um I'm okay with that.
Um having the um uh board of supervisors of the elections um you know uh establish the drop boxes in place of locations.
Uh I'm fine with I understand uh what the what the body uh has been saying about having mayor and council uh input, but uh I just I don't think um I feel that strongly about it.
Uh and then A41C.
Um I'm also uh a no.
Um I I think it's important to have uh four mailers rather than three and eight forty a yes, um uh for deleting um the provisions on absentee uh uh voting.
I understand what uh council member Ben Grac is talking about, but I don't think we call it absentee uh voting.
Uh uh it's it's something else uh entirely, but um yeah, I'm I'm for uh that provision of uh deleting uh uh absencee voting.
Thank you.
Um so I believe that we have four for um going forward with the recommendation on the 60 to 45.
However, I think semantics matters, and so here it says closing registration to vote.
It people it's not closing registration to not closing because that really sticks out to me, and I'm saying that's why I was so strongly against that.
Um it really is uh the ability to receive a mail and ballot, right?
So can we clarify that?
Because we can it doesn't look good.
Okay, so as written.
Okay.
Um that would be very, very helpful.
Um, and since you mentioned vendors, there have been some issues with vendors.
How are we gonna prevent issues in Rockville?
Well, uh if the state continues to uh to assist the city with their election process, we have to use the vendor that the state uses.
Otherwise, we'll be looking for our own vendors to run our whole election ourselves.
So that's where we are with the vendor.
That gives me great pause.
Um, and I just want to do some homework to understand what quality checks are being put in place, what has been learned, but we do not want to have a second example of what happened this year uh and that to become national fodder.
Um vote by mill pretty much was initiated in the city of Rockville for Maryland, and I want to continue to have Roth will be uh stellar on this front.
I think it's a little different for us though, what the vendor was provided versus we're non-partisan.
But it's not necessarily the the what was the mistake, it was the fact that there wasn't a quality check that I'm concerned about.
So I just I think it's worth a conversation to say how will we make sure that things are done well.
And there were some vendor issues in the last election with the vendor that was tabulating, you know, and and putting things online.
I just want to have an honest conversation about what could go wrong and how we're preventing those issues.
Okay.
Because it's just worth saying what have you learned, what will you fix?
If we're special if we have to use the same vendor, and I have I don't even know where the vendor is.
I'm not commenting on specifically on the vendor, it's more about quality checks for the city of Rockland.
Absolutely.
Okay, we feel the same way.
I I appreciate that.
And then I heard from my colleagues uh in favor of supporting the recommendation by the BSC, but I heard some uh a caveat that being specific about the number.
Okay, and then as the BSC was considering this, are you planning to present to the mayor and council any changes before they're made?
Or you're just saying the BSC can do whatever they want and put the voting centers with.
No, we would put those recommendations in front of the mayor and council for approval.
We just wouldn't.
That was that wasn't clear to me in the write-up.
So that's what scary pause, but I just wanted to make sure.
Okay.
I did see approved here.
Thank you.
Um, and then I heard um not not enough support for the reduction, and uh the majority supported 842A.
Do you have any questions of Clarity?
Because I know we had it was a lot on that one.
No, we're following.
Okay.
Our uh next is 8-44A1.
Eliminating certificate of persons assisting voters.
This um certification serves no purpose really because we cannot verify that voter assistant other than if they're a registered voter or not.
And at this point, I mean, that's not what we're looking for and assistance.
So that is the reason why we would like to eliminate that certification of personal assistance.
Um 8-71A1 clarify when one becomes a candidate.
Um this will eliminate confusion caused by conflicting provisions of the chapter because we get this all the time.
Uh when uh candidates, you know, it's always been when do you become a candidate?
Well, you become a candidate when you're certified, but you know, that is still clarification that needs to be done.
Uh uh provision in the code.
Um eight-seventy two requires slates to disband after each election cycle.
Um this um so that slates cannot collect contributions in support of one group uh or a candidate and use those funds year after year uh to support different groups or candidates.
Uh eight-seventy um three.
Oh, sorry, I went too far.
We only have three on this slide.
Thank you.
Just an overarching question.
Um, for the person assisting the voter, was there and this predates me, but was there a concern at some point or and I believe there was discussion about this in 2019 that like someone could be assisting multiple people, and it was really trying to find if someone was Uber just at a broad level?
The the one issue that we had was that there were persons assisting other people into the vote center, and they were kind of directing them on who to vote for and who not to vote for, but we were telling them if you're gonna do that, you have to fill out a voter assistant card, and it wasn't it would not happen.
So therefore we had to tell them that you can't come in with a group of people and and assist them with voting if you're not gonna fill out the voter assistant card.
So our thing with eliminating that at the time they said that they were there assisting as maybe language barrier or whatever, but we can't as um the election judges and the BSC that are in these vote centers, we can't tell somebody they cannot assist somebody in language, although they're there.
I mean, that could be uh we could get ourselves in trouble with the First Amendment with that and voters' rights.
And you were previously trying to attract trends of what if there was someone who was doing this for a lot of people.
Right.
Okay.
Councilman Valerie.
Yes.
Hi.
Um, so when we're talking to the certification of personal assisting voter, we're talking about the state of Maryland voter assistance form.
Okay.
So that's what I I had pulled up.
Um, well, if it comes to language assistance, um, it it is interesting because it's only provided in English, so that would make some things difficult.
Um I understand that it's an affirmation, right?
You can't actually check that the person is not lying to you that the person's not the employer or um an officer or agent of the voters union.
I still think it's good to have um just because there are um unscrupulous individuals out there, so simply by signature and you know, um I I would be real hesitant to eliminate the voter assistance form.
Um again, it's um I don't think we're sitting here going, you know, you got to do a background check on these individuals, but there is a process in through the state of Maryland that if there is a problem, they hey, they signed this and said that you know, so I I've I understand where the I understand where the BSE is coming from, but also as um as I I know others on this day as well have assisted individuals um in voting due to disability.
Um I I think this is important, uh, an important safeguard to keep in.
Um appreciate again clarity, kindness.
We all like being kind, so any clarity when one becomes a candidate can only be extremely helpful.
And um also an agreement on requiring slates to disband after each election cycle.
So thank you.
Thank you.
Councilmember Fulton.
Thank you.
Uh so on 844, I'll start by saying this whole section needs a rewrite.
Uh this the okay, we're getting nods.
Uh, you know, that this body has talked a lot about sort of updated and inclusive language.
There's some some downright offensive stuff in here.
So if we can do a full read uh rewrite of 844, that'd be great.
Uh on the actual topic of the voter assistance form.
I'd like feedback from the community.
Uh, because I I yes, I have personally been uh vote like had signed these things, and the person that I had to sign it for was offended that I had to sign for it.
So I think uh I understand the protection, but I I I'd like to know the community that needs it, what they think about it before we make that call.
Um so that's that one.
Uh yes, clarity on one becomes a candidate.
Uh I'm actually curious on.
Yes, we need clarity on when one becomes a candidate, but I would like to know what that is.
Uh you know, yes, it's when they we file.
The current code says I I believe a lot about like receiving contributions in excess of 300 makes you a candidate, and or when you file 8-71 then makes like doing something a condition precedent.
So I see the confusion, but I do think there's it if people aren't a candidate until they file, there's a whole lot of stuff you can do before you file that is then unregulated.
So I think we need to provide clarity.
I just don't we should probably have a conversation on what that is.
Right.
So yes, I support it, but that probably requires more conversation.
And yes, slate should disband after each election cycle.
Okay.
Thank you.
Dr.
Miles.
Thank you, madam mayor, for the reasons articulated by my colleagues, particularly council member Valeri.
I am in support of having some form of certification or some check just to make sure we have some way to monitor for bad actors.
Um not presupposing it.
I just I just I don't want folks particularly um people who may have challenges understanding the ballot to be misled by someone posing as a an assistant.
I'm open I support the recommendation for 8781A1, the clarity becoming a candidate and then 872.
I did send this question.
I'm just trying to figure out what is the process.
I'm I support that uh um a slight disband.
What is the process by which a slate disbands?
I guess they would have to close out their uh funding at the end of that election, which would probably be either the January 15th or 30th of for the following year of when you after an annual year of um campaign finance reports.
Okay, they would do it the same way a candidate or a slate would do it, and that is you either give it to a nonprofit or to another campaign or something like that, but you'd have to close it to a zero bounce.
Thanks for that.
Thank you.
Councilman Van Grack.
Um I guess with regard to 844 A1, we've got to be able to allow people to provide assistance, whether that's that's through how we have, whether this is viewed as too onerous.
We just have to make sure that that is allowed.
Because certain people are going to need assistance.
Um, and so there's got to be some method to do that.
Now, if this method has been creating problems, sure, let's change it.
But there's got to be to make sure that we allow that and that it can't be taken advantage of.
Um we also there is this is just one of those areas, and there's a few different areas we've talked about it before where you have conflicting sections that clearly were not passed at the same time, and that creates problems.
Candidates one of them.
We've had committee, we've also had violations.
There's a lot of different sections.
So we need to go through, but certainly candidate, there has to be one single definition of when you become a candidate.
Now, if we want to have other rules apply differently, such as when a candidate first receives funds, we can do that.
But when you're a candidate has to be clear, and I also support requiring slates to disband after one election cycle.
Thank you, Councilman Shaw.
I agree with my colleagues on 8-44 to allowing um to make sure that there's a way to allow uh assistance as well as um having more clarity around uh the definition of a candidate.
Uh that was I think confusing for some candidates.
And uh I also agree with 8-72 to disband slates after the election cycle.
Councilman Jackson, please.
Thank you.
Uh I'll be brief.
Uh I agree with my colleagues on 844 A1.
Um I don't think that we should eliminate a certification of a person assisting uh uh voter on 871A1.
Um definitely uh I agree with uh my colleagues, especially uh council member Van Greg.
I mean, we need clarity on when one becomes a candidate if there's all kinds of uh uh things associated with candidates sprinkled throughout our code, and I think we need just clarity on when one becomes a can uh a candidate.
So I definitely definitely agree with that one.
And then A72, I agree, um uh requires slates to disband after each election cycle.
It just makes sense.
Thank you.
I'm just want to clarify with councilman Van Grack and Councilmember Shaw.
Um, that there will always be someone who can do the assistance.
The question is do we eliminate the form?
Can you just clarify as we're tableting because we don't have a majority in each, and just want to make sure we're clear.
Yes, when you're at a vote center, there are judges, the chief judge, and there are so the BSC member there that would provide voter assistance.
There is a that we have that's what the um uh the ballot marking station is a voter assistance for language um for braille for um larger print, um, they are there to assist.
So um it wouldn't be necessary.
Uh there and we have language, we have uh different uh we procure different staff there that speak different languages to help assist at these vote centers as well.
So the help is there.
The question is that there's an outside person who keeps coming in or has multiple people or just one person, right?
That they would fill out.
This is what happened one year to us is there was a whole bus driven up, and several buses came in, and there was one person assisting 25 or 30 people in the vote center.
That one person caused total chaos and jammed up the vote center because she's trying to assist everybody, not just them entering into the vote center, but assisting them in other ways.
But are we seeing we seen her actually trying to tell people who to vote for and how to vote, and that's not okay, assistant.
I just want to clap for my colleagues.
Can you just opine on whether you uh want to eliminate that form or keep the form?
I said to keep it.
I mean, my view is I want a third person, like a family member, to be able to help someone, not just those voters.
If this is the way we need to do it fairly through this certification, yes, I do want that ability.
Now, if this spec process is problematic, and we're looking to substitute it in another format, sure.
But I want to be the ability for, for example, someone's husband who assists them even in walking and getting there to be able to be there if we be.
Thank you, council member Fulton and then Valeri.
Sorry, this just got confusing, but I I because now I want to be clear, right?
You do not need the certificate so that a family member can help.
A family member can always help you.
It's whether the family member needs to then also fill out a certificate form.
Yes.
Okay.
So councilman Valeria.
Sorry, thank you.
Um, no, that's that's exactly the the case is that um my thought process behind it is that you do want to do your due diligence and have something to refer back to in case God forbid it is a bad actor, right?
Like if the the form is eliminated and it is a bad actor, there is nothing there that would would show in any way, shape, or form that the state of Maryland form was not used.
I think it's um unnecessary um liability risk to not have this this form because it is something, it's a paper trail to show that the process was followed to the letter of the law by the election uh judges.
Thank you.
Did you want to say anything else?
Are you good?
Okay, all right.
Um with that said, um, and I think you previously agreed with Councilman Vancrox.
I assume that you still agree.
Okay.
So I um think that we then have uh majority on not eliminating, but making sure that the assistance is free and available, and we're not creating onerous processes, but a simple form.
Um, and I support that.
I support um everything else that the BSC has recommended.
Thank you.
Our next slide, um 8-73.
This is on um campaign financing.
Adopt the provision on independent expenditures that would one require persons to register within 48 hours of making an independent expenditure of an amount set by whatever.
Two, file a report within 48 hours of making an independent expenditure of at least X, and three describe in those reports the identities of those largest contributors, and four name a Rockville resident of an agent for service of process.
This provision would mimic the treatment of independent expenditures under the Maryland election code section 13-306.
Um, and it triggered it, presumably it would lower the amount obligated for them to register and report, but this requirement of naming an agent of service process would facilitate enforcement and prevent invasion of service like we had before.
Can you clarify service a process?
So the so those who um contribute to a campaign and was of a group uh independent or uh uh independent expenditure to a candidate or a group or whatever, we were not able to first put a dollar amount on that expenditure, and nor were we able if we needed to follow up and ask for clarification.
We had nothing on file where to find that person to enforce any process of service.
Like there were three or four that we had issues with, and we still have not received any feedback, although we tried to find them, but it would allow them to have to register with the city clerk's office, and also their campaign finance reports with the state, like the candidates do eight-seventy-four B, eliminate the requirements of maintaining a petty cash ledger.
Uh actually um petty cash ledgers.
It's it's a it's something uh if the candidate or somebody say I think it's five dollars or less, you can give somebody a receipt, and then you have a receipt book that you write it in.
We just think it's really um at this point, it's just we need to admit it.
Petty cash was a long time ago.
Um 8-81A1 require committees to file their first pre-election campaign finance report, 45 days rather than 30 days before the election.
This um we could collect um because committees began collecting their contributions and making expenditures earlier in the election cycle.
So therefore, we don't know what they're out there collecting if we're not asking for them to provide a report of what contributions that are being accepted or being made on behalf of another candidate or group or slate.
Um 8-81A4 change to due date for annual campaign finance reports that annual that everyone has um received in November 8th.
We're asking to change it to either January the 15th or the 31st.
This would be an um finance laws of the US, including the FECA and follow their pattern as well, and it would be very clear of other um campaign finance reports being filed.
Thank you, Sarah.
Councilmember Fulson has the first opportunity to weigh in here.
Thanks for this.
For the first recommendation, yes, I support it in in part because I'm gonna highlight the part you mentioned about it's mimicking state law.
Like we didn't just make this up.
Because that was my first question would have been like why?
Uh so if we're mimicking state law, it makes complete sense to address a known problem.
I also would think that the dollar amount should somehow be proportionate to the total funding coming in as compared to where we Maryland, right?
Like some calculus there that makes it make sense.
Uh yes to eliminating a petty cash ledger.
On the pre-election campaign finance reports, I'm actually not sure about this one.
Um, because it gets to the question of what is the purpose of the campaign finance reports.
Now there's gonna be later recommendations about like being able to act faster if people are late and higher fines if people are late that I will support.
But if you have those in place, I don't know why the 45 days serves out the purpose of what the review is for.
This um would allow uh candidate or committee to report their campaign finance earlier than later.
Uh we had a person who made it on the ballot that didn't file.
So therefore, this would eliminate that from happening again.
They couldn't be removed.
Oh, because it's before the ballots are finalized.
Absolutely.
Printing of the ballot.
If the reason is because it's before the printing of the ballots is finalized, then yes, I support it.
That's what I was missing.
Thank you.
So I support everything here.
I think I yeah, and omit the petty cash litter, yes.
What about you?
Are you good with the change in date?
Oh, I'm so sorry.
Yes, I'm good with that too.
I am good with everything here.
I think I said yes.
Okay, thank you.
Dr.
Miles, we're gonna get Sarah, would you like to convert?
I'm fine with that if you'd like to.
Oh the chair wants to have uh just he he was saying something in response to quarterly, but we're gonna get to that.
I will get to that.
Thank you.
Dr.
Miles.
Thank you, madam mayor.
A question I raised as well on this one for 873.
If it is an independent expenditure being made by the group organization, how would they know to follow these rules?
I just don't.
You see what I'm saying?
Because they would be required to follow the election laws like a candidate.
Understood, but if they if somebody goes out, some group X goes out and makes a flyer in support of a candidate or a group of candidates.
Just out of their, I mean, they pull money out their own campaign committee, or they just on on their own or a group of business developer.
Who whoever the group may be.
I mean, they they don't know what they don't know, I guess what I'm saying.
Well, they do know if they hit a threshold that they're that they're filing, they knew there is a requirement across the board at any election that once you hit that threshold, you have to file something with some agent, either my office, the state, uh the you have to file something at all.
Anyone involved in elections knows that there is a requirement to file.
Like even a private individual.
Oh, absolutely.
Man, I'm gonna let I mean I just yeah, I guess I guess what I'm what I'm getting at is that it presupposes folks know and um people could get dinged for stuff they don't know about, but oh I mean in general, I I support it.
873.
I just I just curious about how they know.
And the rest of them 874 B.
881A subsection one, 881A subsection four.
That all makes sense.
I can support it.
I'm just you know the questions not withstanding for 873.
That's all.
Thank you.
Councilman Van Grack.
Yeah, 873 is a must.
Um, we we've got to do um as explicit information as possible.
And if we're gonna follow the state, we also have to make sure that part of the reason for the agent for the service of process is also you've got to list the um all the information, both the tree if it's treasurer or the chairman, all the information must be publicly available.
So we've got to make sure that all of that is upfront and open for the public.
And so the filing of these reports, the disclosures of the information, as well as everything.
We need to have it open.
And so the more information we have, the easier it is for the BSE.
And then we'll obviously get to this later if there's violations of these.
We've got to make sure that the violations are clear, can happen immediate, and they're substantial.
Um with regard to the other three.
Um I support them for all the reasons stated before.
Thank you, Councilmember Shaw.
So I had a I had some questions.
So I generally agree with 8-73.
Um, I think it's another conversation to figure out the amount.
Um, I know the last election there were independent expenditures upward of 20K, and then there were ones that were far, far less.
And so I think um trying to figure out uh the amount would be incredibly important.
Um for naming a Rockville resident as an agent, and I know this mimics the state.
Uh, does that is number four um naming someone who resides in the state?
Is that how that that equivalent?
Because I'm I'm sure it doesn't say a Rockville resident.
Um, and I also know that um for candidates, I think at one point the treasurer had to live in Rockville, and then it was expanded out to like Mount Gomery County or Maryland or something like that.
It has to be a registered voter.
A register in Montgomery County.
Um, and not just Rockville, right?
For a treasurer.
Correct.
Okay.
Is there any reason why then in this case it would have to be a Rockville resident as opposed to someone in Montgomery County if the treasurer, which is also responsible for the candidate, is uh has to live in Montgomery County.
Well, that's a good question, but we would want a Rockville agent.
I mean, we had the we had somebody within Montgomery County, and we still were unable to serve that agent.
Well, I mean, I think that there were still some people, there were some candidates that lived in Rockville that maybe you were not able to serve in a timely manner.
Um or um candidates that weren't uh filing um that perhaps lived in Rockville.
I was just curious why living in Rockville as opposed to Montgomery County makes it easier.
The process of service.
I mean, we had to use a um if it's a difference in the process of service outside of Montgomery County.
We can't use our local Montgomery County Sheriff's Department.
We have to go out and find a process server to serve these agents outside of Rockville, that's why.
Okay, I see us uh city attorney Walter.
I basically was just gonna um state what the city madam city clerk just stated.
Um the difference is if a person is a Rockville resident or in Montgomery County, the sheriff can serve them.
Otherwise, we have to pay a uh process server.
And that's what we had to do in um several instances.
So you're saying Rockville or Montgomery County?
Correct.
My question was um also why Rockville and why not Montgomery.
Okay, that that was I mean it doesn't have to be a Rockville, but we can say Montgomery County.
Because I know that a treasurer has to be from Mount Gomery County, correct?
Yeah we can do that.
Um I mean, I'm just suggesting that.
Um okay, and um uh I I'm I'm interested in the amount because again, I I just know there was quite a difference in the independent expenditures from the last uh election, um, where there's like corporations versus nonprofits kind of thing.
Um, and then um, but I do agree with uh 8-74.
Um I do agree with uh 8-81 and um uh 8-80.
I'm sorry, 8-81A1 and 8-81A4.
Council Member Jackson.
All right, thanks.
I will uh go backwards.
Uh I agree with uh 8 81 A4, uh 881A1, and 874 B, uh the elimination uh of uh petty cash ledgers.
I have questions on uh 873, and not because uh I I disagree with uh what we're trying to accomplish because I think uh what we're trying to accomplish is worthwhile.
But um, as people have said, you know, the uh amount is really gonna be crucial um to capture everything that would capture.
Um I also have a question on disclosing this uh in those reports, the identities of their largest contributors.
Uh as we know, um some of these uh independent expenditures will be made by people that um corporations or um it's not a 501c3, but 501c6s, uh other um legal entities that don't have to uh identify their largest contributors.
So, you know, the devil's in the details.
And so, you know, we just need to be uh clear what we're talking about here, and that we can actually have identities of the largest contributors um uh on on record rather than um uh get in trouble uh because the when people have dark money, the definition of dog money is that you don't know who uh the contributors are.
Um and also we just need to make clear, and maybe there's an a state um uh uh ordinance or laws, but how many?
So how many uh uh of the largest donors should they uh disclose?
Is it five, is it ten, is it the whole thing?
I mean, I just we need to make be clear what we're talking about.
Um and uh I was fine with number four neighbing uh Rockford resident, but um as my colleague uh uh has said, I mean, if it's either Rockville or Montgomery County and you guys are fine with it, then I'm fine with it.
Uh if there's any reason that you think it should be Rockville rather than Montgomery County, then I'm fine with that as well.
But yeah, I um right now uh since uh you guys were uh indicating that Montgomery County was was a good uh place to stop, then uh I'm okay with that.
So uh I guess I'm a yes on that one uh as well.
Thank you.
I will be brief and note that I support staff's recommendation and just make a statement.
I do think that if the county election is any indicator of what might come to Rockville, and we saw what happened in Rockville's last election with a lot of different groups getting involved.
I want to have as much transparency as possible.
Um so in general, I support all the recommendations of the BSC.
Councilmember Valeri.
Yes, I'll do what council member Jackson did and go backwards.
So I'm all in on yes on A4, 881A4.
I am yes on 881A1.
I would even go as far as 60 days if that gives enough of a buffer.
So because the BSC has so much work to do around the time of the election that if it gives enough of a buffer um to increase that, I'm cool with that too.
But 45 is a okay by me.
Uh 74B, I'm cool with eliminating the requirement of maintaining the petty cast cash ledger.
Um 73.
Um, I I totally understand where council member Jackson's coming from, but I just want to confirm my my gut that the state of Maryland actually has provisions that don't allow for DARP money.
You cannot hide c top contributors to entities.
Am I correct in my um so it's slightly different because that's my background too, is in um uh uh federal election law and you know, the plural proliferation of stealth packs.
Um the state of Maryland has done a really good job on campaign finance disclosure and allowing for greater transparency.
Um I'm proud of Maryland.
Um so I just wanted to make that clarification.
Um I'm cool with the Rockville resident.
I don't think um I don't think that's uh a big significant ask um to have a Rockville resident as an agent.
Let's let's make it as easy as possible for the BSC and for the Madam City Clerk's office to get in contact if need be.
And it's always easier to get in contact with people in Rockville than in Montgomery County.
Um three.
I would say yes, absolutely, do three to five of the top donors.
I'm cool with anywhere in that range.
Top three, um I think gets you there to that point.
Um, and oftentimes if they do provide more of the top donors, um, it's good too.
But I think that that's kind of a sweet spot.
Um requiring persons to register.
Um, I think absolutely um I would say at least 48 hours in advance, because then you can register and then you could file a report within 24 hours of making an independent expenditure.
So you could register at any time.
You're on record as being registered, and then you have that, you have a much shorter window before you can drop X amount of money.
Um, I think that that provides the greatest um transparency because ultimately you don't want somebody to um, you know, to to register and or not register, drop a bunch of money.
There's gonna be loopholes and any way that you can, you know, extend the amount of time of registration, shorten the amount of time that somebody has to file a report.
I think protects people more from um a variety of independent expenditures, some of which aren't corporations.
Um I would also say that a good starting amount um would be 6,000 to start with.
That's half of a uh citywide mailing of registered voters, thereabouts, at least it was in 2023.
Um I'm I'm I'm willing to start there.
I'm just I'm being bold on throwing out numbers, but that was kind of my calculus was that many independent expenditures go to um providing mailings.
I'm sure a lot of us have gotten mailings from such entities, and doing at least half of that, um, I think is uh a good starting point um for our our law.
Thank you.
Any other comments?
I will just add um people can do a whole lot with uh with $2,000 in terms of uh social digital.
So I'd I'd I kind of like the 2,000 number you put out there since you were I just wanted to weigh in on that.
Um because not everything is a mailing these days.
I've seen some interesting things online in this election.
But we didn't you weren't given a number.
That's true.
I appreciate you starting with the number.
I'm just throwing that out there.
Uh so it sounds like you have general support with some caveats.
Um I don't know if you want to ask a clarifying question for straw poll.
I heard two people say I just want to know for four.
Are you good with making Montgomery County resident as an agent for service process like you would for treasurer?
Or are you want do you want a Rockville resident?
Who is any does anyone want to specify change what what's in here?
I know everyone waiting on Rothbard resident.
Is anyone who wants I know you uh you have yes, but just want to make sure I'm giving other people a chance to also say whether you want to change it from Rawful residents in Montgomery County.
Council Council Fulton.
I might what I heard staff say is the the reason for the restriction is so that we can serve process through the sheriff's department.
That's the reason.
And if we can do it anywhere in Montgomery County, then I am also okay with Montgomery County because it still serves the reason.
Do you want to clarify?
Is it do you want to come back to us on information or is this is that clear?
Because I know there was some.
I'll come back unless the board has a different reason for they would like resident agent.
So you're gonna come back to us and clarify council member Bellary.
I mean, sorry, Shaw, you had a question.
No worries.
Um, that was that was awesome.
My question from Councilmember Fulton.
Yeah, can you all just come back to us with more information on that?
And how about Genesis?
Identifying their largest contributors, three to five.
Is there a number that you all would want to throw?
Starting the bidding is finished.
Is there a number?
Michelle has an additional point to make.
Okay.
Um, yeah, because um the reason why it's in the treasurer for the candidate, um, the jurisdiction is Mount Gomery County.
I think at one point it was Rockville and then it expanded um to Montgomery County.
So if you could just share some information of why it went from Rockville to Mount Gomery County when you bring back the information.
Yeah, that was a change a long time ago.
Might need some digging, but that would be we'll bring it back there.
It would be Rockville, and then for the candidate, it would be Montgomery County if it's based on the effort through the sheriff's office.
I'm gonna wrap this up and say come back to us more information because I'm watching the time where it tends to be.
Three to five of the largest uh contributors.
Councilman Jackson, you had a comment?
Yeah, uh so on that three to five.
Uh I'd also ask for more information on what it means uh to disclose in the reports of the denifies of the largest contributors.
So is it based on a state law?
And if so, um, how many do they list?
Does the state have guidance on how many they need to list?
Oh, yes, yeah, absolutely.
Is it three to five?
What is the number?
Yes, six six, the top six.
I think we should just align with state law.
Yeah, yeah.
Okay.
Okay, I'm seeing thumbs up.
Okay, through my pen.
All right.
All right, I'm gonna note it is 9.58, and we have another work session.
So but this is important.
I just want to make sure we're sure we're almost at the end.
We're almost at the end.
Next slide.
Um eight-eighty-three A increase the maximum late fee for filing campaign finance reports from the current maximum of 360.
Um this was because there really is no incentive for those who want to not file in a timely manner.
$360.
They usually, you know, well, we'll let that we the board cannot go after them for another 30 days, so then it's another 30 days, and it just continues the um request longer, and we think uh raising that um rate that maximum um penalty will make eyebrows raise a little more and be and the candidates come in compliance easier.
Can I just ask just for the for the whole body?
If you have a number, uh anything that you all have discussed or background as you go through these, please let us know.
So I don't see it increase to what, but just let us know if you have any guidance so that we can as we go down the line can say yeah, yeah, yunay.
They have spoke about a thousand dollars.
Thank you.
Okay.
Um eight-eighty three C create a more streamlined and rationale procedure for imposing um and collecting late fees from those that do not file in a timely manner.
Uh as I said, that 60 days just allows candidates to avoid the disclosure prior to the election day, as we have seen in the past.
And eight-101 require text messaging to offer recipients a choice for opting out, receiving future political messages.
Um this would protect those residents who object to receiving unwanted political text messages.
Thank you.
Dr.
Miles, you're up.
Thank you, Madam Mayor.
I'm in support of all three of these as written 883A, 883 C and 8101.
Do you have any feedback on uh 360 to 1000, or do you have a number in between?
500.
What I'm yeah, I'm not I have no specific number.
I'm okay with increasing it to the to whatever amount you all see fit.
Um sounds reasonable, but whatever.
Whatever the well body is.
Thank you.
Councilman Van Greg.
So I I think this is something that needs to be addressed pretty significantly.
I mean, we can agree to disagree.
I don't think the current rules have that 30-day window, but the fact is there's confusion here and it can be interpreted that way.
But regardless, this has to be significantly more than 360.
I think even significantly more than a thousand.
We've had just from campaign donations alone, now in this most recent election, upwards of above 150,000 being put on one candidate.
And that's outside of the independent exchange expenditures that were pervasive.
You know, $360, even $1,000 really is still just a drop in the bucket.
We have to make sure that our campaign finance laws are adhered.
And I think in addition to financial, I mean, we also have the code.
It's in there, I'm sure we're gonna put in there that there's going to be restrictions with regard to you even being able to be inaugurated as an official if you haven't fulfilled them.
But there should be additional.
I mean, there's been there was talk, I think it was even in the board of supervisor of elections meetings of maybe even having a website that says if you've committed a violation under the rules, there's a bad actor part of the website.
We have to let people know that like if you are late on your filings, if you've done things improperly, if you've skirted the rules, there's consequence consequences to them.
So um, I think this is the bare minimum of what we need to do to make sure there's enforcements, and I think potentially even a thousand dollars is too low.
Um similarly, um uh there's got to be a more streamlined and rational process for imposing and connecting collecting late fees.
Um and I would argue not just late fees, but any penalties within the rules with regard to following what we've put out.
Um, there's got to be teeth into the rules, they can't just be rules for the sake of rules, and there's got to be consequences to them.
We heard from the Board of Supervisors of Elections, we heard from numerous uh members of the public after the last election saying, hey, where's the enforceability?
What's happening here?
And we need to show that at least from the city of Rockville, we are paying attention to it.
We're requiring people to follow the rules, and there's consequences to them.
Um, and obviously for text messages, if they want op out, they should be able to op out if they need to council Shaw.
I agree with uh eight-uh eighty-three A.
Um I'm not sure of the amount.
Um, I know our elections aren't as um expansive as some other elections, um, but I do agree that we should increase the 360.
Um I do agree with 8-83.
I'd like to get some more information, what more streamlined means, but I do agree with the concept.
Um for 8 101, I also agree, and I think this should just not be tax messages, it could also be email or whatever else that we have in communications, and then um just going back to the original point of just clarifying the exceptions.
Thank you.
Councilmember Jackson.
Thanks very much.
I'll be brief.
Uh I associate myself uh uh on 883 AA and 883 uh C with the comments of uh uh council member back.
I think we do do more uh to um you know hold people to account for um uh filing late or uh uh kind of uh skirting the the the rules.
Um on 8101, I just want some uh additional information.
I think um uh council member uh uh shaw made a good point about uh other um uh media, uh whether it's uh emails or even uh uh uh audio uh phone calls.
Um but what I want to know, and uh this is for the BSU and and for for for the the clerk, is it already uh regulated by uh either federal law or others that you know if you get in text messages that you have to have um uh the that are political that you have to have uh an opt-out.
I mean, does that uh apply to the local um uh text messages as well, or do we need a specific um uh uh provision built into our code?
I don't I don't know the answer.
I mean, I'm fine with uh you know uh doing it and putting in our code, but if we don't need it, we don't need to uh clutter it up.
So that would be my only question is it's is there already some uh law that governs text messages or not.
Thank you.
Well go ahead we'll have to dig a deep dive into that because as you know, we are all receiving tech mess test text messages and emails.
I don't see an opt-out uh provision, so I don't think it is.
Yeah, you just push stop.
I mean, it but it doesn't stop, it comes back again from the same group or whatever.
So we'll have to look into that, but I just think it's there, but it it doesn't stop because a lot of them buy um list, and that's where this comes from.
They buy your emails and your phone numbers and all of that, so that's where most of that text messaging comes from an email.
I feel like I get multiple a week.
Um, so I just council member.
Do you have another comment?
Well, it's it's it's just uh a comment, I guess.
Uh, but so I guess we're requiring text messages to offer recipients the choice of opting out.
Well, we give them charts to act them out, but if the actor doesn't choose to opt in out, then what?
So uh it's another example of you know, do we really have teeth?
Uh or is there an enforcement right mechanism, or if they don't have an opt-out or they don't pay attention to the opt-out, what is our remedy?
I will I appreciate the conversation among my colleagues.
I will just ask for a legal uh follow-up on this because it's my understanding that the can spend act applies to commercial business email, commercial businesses, not necessarily political speech.
And so I just want to make sure that if I I would love everyone to have the opportunity to opt out.
I just want to make sure we're not breaking any rules in doing so, if you can confirm.
Um, so that that would be very, very helpful.
Um otherwise, I support it, but just want to make sure there's a legal check to make sure that we can do that.
Um, I support everything that the BSC is recommending.
I agree with increasing the fines.
I there's not really a way to distinguish, but you might have like an individual who's new to elections and is trying to figure things out.
I remember when you're a first-time candidate how confusing things are, and it just it's a lot.
So you know, I feel for that new candidate, but I also feel like outside entities should pay more, but I don't think we can do that.
So I don't think we can can separate the the fees.
I think it's blanket, but you got you all tell us.
But that is why we have campaign finance training for the candidates and the traces.
That is true.
And and I also have seen not necessarily here in Rockville, but people who wait until last minute to so people don't see what they're planning in their elections and use the deadlines of campaign and and you know when they have to submit carefully.
So I for me just generally better transparency is important.
I I was thinking about a 500 just because I was thinking about that new candidate that may not have a lot of resources, but I'm I'm willing to go with the majority and the BSC recommendation.
I just I I do think about the individual, but I am concerned with the outside groups getting involved and not responding.
I know you all had a difficult time with that.
Councilmember Larry.
Yes.
Um this is an exciting adventure in the uh limits of uh um speech.
Um it's it's fascinating.
Um going in order.
Um I think there's a difference in the maximum late fee for filing a campaign finance report from a candidate versus from a committee versus from an independent expenditure registered committee.
Um not trying to make this more difficult, but I think it gets a little bit to Madam Mayor's point that I don't know necessarily what the solution is there, but um maybe that's how we treat it differently.
I do think 360 is too low.
Um I I think a thousand sounds about right.
Um we're all doing like crash courses in the can spam act right now.
So if you you pardon, um I I appreciate the um the the fervor at which my colleague uh council member Van Grack talked about like you know, making real consequences.
I completely agree.
I don't know where that line is, but real consequences are the only thing that are gonna get folks to that point.
Um because otherwise you can just, you know, if it's too low, you can just you know wait and wait and wait and maybe never you know report your uh donations until after the election.
I don't think that's very fair either.
Um okay, so then so yes, I'm a yes on A.
Um 83C.
Um absolutely I like rational streamlined procedures um for sure.
And however, the best way to to do this, um I appreciated the rationale in the um staff report too, um, because the current system essentially requires the BSC to wait at least 60 days, which allows candidates and others to avoid disclosure prior to election day.
Um again, going back, I think it's a very valid point.
So let's let's let's make that streamlined and rational.
On our favorite, um, the 8-101.
So we all keep applying um both federal and state law, and while state law can absolutely uh inform us of all these things, we we do run our own elections.
So what I think is missing in this phrase is requiring text messages to offer recipients choice of opting out of receiving future political messages regarding municipal elections.
We can't control everybody and and and their grandmother who is purchasing uh lists of of cell phone numbers and just you know robo spamming everybody, but we can control whether or not somebody can do that regarding uh a Rockville municipal election.
So I completely support that.
And I support it because in this case it is it could be and probably is going to be an independent expenditure.
So that enforcement teeth then is ultimately that registration of a committee for independent expenditures.
So they would have to register, they would have to disclose that.
Um then the the having the the individual that they can serve process to, whether they're in Rockville or Montgomery County, uh, at this point, let's just make sure that that person is going to have to be contacted.
That we have are able to contact them basically, and um that's the I think the teeth to being able to enforce 8-101.
And that's where I stand.
Thank you.
Thank you.
Councilmember Fulton.
So on 8-83A increasing the maximum late fee.
Yes, I support it.
Yes, I support a thousand or more.
I want to clarify that it is a maximum late fee that is day over day compiling.
So it's it's so while I have empathy for like misunderstandings or new candidates, like you don't hit you don't just so I'm understanding, right?
It's like you don't hit that number on like day four.
It's you have to be like accumulating.
So I have less and less empathy the longer that goes on, which is why I think the number could be really high.
Um yes, we should create a more streamlined and rational procedure.
Uh 8-101.
I actually I'll say I don't feel strongly about.
I think it's complicated.
I think it's hard.
I think there are different interplays of different laws.
I think you'll have to define it really carefully.
Like if a candidate wants to send a text message to 60 people saying I'm having an event next week, can you come?
Does that need to have an automated?
You must opt out.
Like so, I actually don't if the body wants to do that, fine, but I actually think it's complicated and the juice might not be worth the squeeze on it, but I don't object.
That's how I feel about it.
Any clarifying questions you needed to the body here?
Thank you.
Councilman Vancrock.
I just wanted to add something because I think it goes to what we're saying.
8.8 83A only deals, or at least the Board of Survivors Election is only talking about the maximum.
The per day violation is $10.
And at the last election, or the last filing was November 1st.
The election happened on November 7th.
So if someone who wanted to hide their results could just take a $70 fine and not declare their final expenditures or or um donate donators um until after the election.
And quite frankly, that to me, $10 a day seems low.
Now we're talking about penalizing.
If someone makes a mistake, it's one day.
Let's say that's 25, 30, 35, okay.
That's a mistake.
But if you're you know, consciously and you're going a number of days, I think $10 a day seems ridiculously low for a violation that could have consequences when the last election report is literally only days before the election.
Which is meant for open discourse so that right before the election, the public knows who's giving what is being expended and what's being done.
But if we're only having $10 a day, someone can skirt that requirement that's in the rules.
So that's just a I think thank you for raising that.
That's another just sort of thing to look at more holistically.
Um I know that there's a maximum, but we are what is the intent?
We're trying to make sure people file sooner than later.
So maybe there's some additional recommendations the BSC has on that front.
Okay.
I'm hearing maybe more than $10 a day in whispers.
Yeah.
So if you're increasing the fine to five or a thousand, you have to increase it per day.
You would want to.
Yep.
Okay.
Next section.
All right.
The next one.
Okay.
Um for increasing the fine, there are like several notifications that go out, and before there's several notifications, right?
Oh, yes.
Okay.
I would also say if they've registered and you can find them, you all had some trouble finding people last time, didn't you?
Yes.
Yeah.
So you best effort to communicate.
Right.
Yeah.
Um, I did want to note that we have two more sections, and I just want to flag from Mr.
City Manager.
I know you have staff waiting, and I always promise before 1030 that we would take a pause and say we still have a fast work session.
Do you want to opine or share what you think?
I'll try something different just for just to see if it'll stick.
I think we provide you with a very comprehensive report on FAST.
So I think we made outstanding progress on this.
Um, I'll just encourage you to look at the report in detail and if you have follow-up questions, just let us know.
Just the thought.
Councilmember Fulton.
I very much support that recommendation in part because like I you're not seeking feedback, right?
Like you don't need policy direction from us to move forward on anything.
We might have questions, but you don't need policy direction to move forward.
That's correct.
Yeah.
Councilmember Valerie.
I always love sitting next to Councilmember Fulton because I swear we're we're very opposite, but we're getting at the same thing essentially.
Um, no, it's not policy direction, but if we have questions and we ask them in an email to you, then the public doesn't get those answers.
So for that reason, um, transparency, absolute accountability.
I we need to have this from the dais.
Yeah, thank you.
So it's my understanding, just like with a special presentation, we have the capacity to post our answers.
Correct.
Which okay.
I've sent I've sent questions, and I know you've posted they haven't been posted yet because uh uh we are just discussing this, but there could be a page on FAST or somewhere on the CP CPS site where you would have to do that.
Okay, yep.
Thank you.
And I will just say um, I think maybe there is a future webinar for the for the community where you just post a video of what we've done just to highlight the many good things that the I think that's a terrific idea.
Happy to do that.
Okay, all right.
Is everyone okay with this approach?
And I'll just say you've done a fantastic job.
Appreciate it.
Thank you, Mayor.
I'll share that with the team.
Thank you.
Back to our regularly scheduled program.
Okay.
A little more.
Uh we have two uh new ones uh that they would like to propose.
Uh adding a new section describing the author authority of the BSC to include conduct municipal elections, determine adequacy of nominating positions and certification of candidacy candidacy of nominees, three issue forms for reporting other purposes, four review and determine adequacy of campaign finance report, five supervised canvassing of ballots, six investigate violations of chapter eight.
Seven, issue municipal infraction citations to those who violate chapter eight, and eight certify the election results.
This um would resolve questioning regarding authority of the BSC, which might arise in any litigation.
The last uh new provision would make it a crime to uh a crime to threaten an election official or an election worker or an immediate family member of an election official or election worker because of the elections because of that elections or election workers' role and administrating the election process.
This provision would mimic the protecting election officials act of 2024, uh the Maryland Code Election Law Section 16-904 enacted by the state of Maryland.
This is different than I think there was a little confusion.
There was something about protecting the locations of polling places versus those who actually administer election process.
So that is the difference here.
Thank you.
I do want to just note, because I fully support just an overarching question before we go down the line.
Um can we just include what state law says?
Uh, because it is a state law, or do we have to do something different?
I mean, I think this it's a statewide law, right?
That applies to our election or not.
It doesn't it doesn't apply to our election.
This is in the election article of state law, and it defines an election as not a municipal election.
So in that case, not apply to our municipal elections.
Okay.
So we could adopt something similar, but it would have to be part of um chapter eight.
And you are proposing to leverage almost to the T what the state has done, but clarify it's for municipalities, municipal elections.
Is that correct?
We're not going farther or less than what the state's doing.
I mean, candidly, these are the the BSE's recommendations.
I believe that is what they're recommending is to mimic exactly what the state does, but do it for a municipal election.
That's good clarification.
Thank you.
I'm just curious.
Can we straw poll this?
I feel like this is unless people have specific questions.
Do you want to go down the line on this one?
Yeah.
Okay.
All right.
All right, all right.
Dr.
Miles.
Did you go?
I thought I did.
Did we go to I know we went to Kate?
Dr.
Miles.
Okay.
So we'll go back to Councilman Van Grack.
So I mean, in general, I'm okay.
Uh, but I think a lot of this is in the language.
I mean, what does it mean to conduct the municipal elections?
My understanding is the conduction happens with the um the clerk's office.
And so uh what we had talked about before, and what I've talked about is making sure with regard to the tasks that are within the code, the the buck stops somewhere.
And so, with regard to making sure that certain buck stops with the board of supervisor elections versus the clerk's office, we've got to make that clarification.
Um, so for the most part, I'm okay.
We get to these last two sections where we've had conversations in the past with regard to investigating violations and issue municipal infraction citations.
We're getting into kind of uh some I guess difficult territory here.
What does it mean to investigate violations?
Obviously, there's got to be someone that looks at violations, someone that you know um, if someone sees a picture of a sign that has you know the wrong nomenclature on it that is in the code, someone's gotta look at it.
It's the board of supervised elections.
On the other hand, does investigate violations mean that they have you know a star chamber ability to bring in everybody and therefore have you know subpoena power that who there clearly is um uh there has to be an understanding of what is the variation of investigate because they're also the ones who are helping enforce the violations that we saw with the late fees.
So what that means, I'm not sure.
Um there's got to be some authority for them to be able to enforce along with the clerk's office or the city attorney's office.
Um similarly, issue municipal infractions.
Once again, I'm not aware that we really have a municipal infraction volunteer body within the city.
On the other hand, there have been tasks independently to do something.
So I think there's a middle ground that you know we've talked about the difficulties in the details, what is being allowed, but once again, and we come to the same theme as before, clarity is kindness.
We've got to fully understand before we approve any of these, what is actually being given the authority.
Um, for the most part, I'm fine, but the last two give me pause because that authority, you know, could be too large that we're necessarily giving to um individuals, and we have to make sure that it's being done properly.
And with regard to making it a crime to threaten elected official, absolutely, we've got to make sure that our election officials and our board of supervisors of elections and anybody such as the clerk's office is administering the election is protected as much as possible.
Thank you, Councilmember Shaw.
Uh generally, I do agree with all of these, and I agree with my colleague uh councilmember Van Grack around uh having more clarity.
Um I would also like to just understand a bit more around number seven issue municipal infractions, if that would be done with the city attorneys, like consulting them or just getting information from them.
Um I would just like to have some more information around that.
Um also I I do agree with the new uh provision to add a provision making it a crime to threaten an election official or worker.
Um I would like to have some more information about what is considered a threat.
And the only reason why I'm asking that is because um we would want these laws to stay throughout like all future BSEs, and you know, we don't want someone to take advantage of this, and so um just having just some more clarity.
Thank you, Councilmember Jackson.
All right.
Um so looking at this, uh I'm fine with um uh most of what we have here.
Uh like council member uh Van Grack, uh I have uh concerns over uh six and seven.
I won't say the last two because those last two were the last one was certified election results, which I'm sure he's uh uh totally on board with.
Um but I just want to ask uh on this uh new section.
Um is there anything new that uh we're putting down on paper, or is this uh we're just codifying exactly what this authority is?
The that six and seven would come with the enforcement part of the new election rewrite and what authority you all would be given to the board versus what provisions or what um new um standard and operating procedures the board would have to follow for our issuing and uh enforcement part, and we haven't gotten there yet.
Okay, so I mean the that's still kind of uh we're working out the details.
Right.
Um and I mean uh it's a cliche uh obviously, but yeah, I think uh clarity is is kind of in this case.
I mean it's not counting how many times they'll say this repetition is not seven, are we at seven?
But but I think we we had to clarify um six and and and seven uh what we mean by that.
Now, uh the other question I have is um you know, we list eight things.
Um is that it or do we is it gonna uh include a uh uh provision of the code of this and or you know, I don't think that that's exhaustive.
I think that um what the the board was getting at, many other jurisdictions have a powers and duties section that says specifically what the powers and duties are of the board of supervisors of elections, and we don't really have that.
Yeah, it's not as real exhaustive, so uh maybe other duties.
Correct.
Okay, and then uh the the last one, I was actually uh uncomfortable with uh uh that provision uh until uh you says something that really uh kind of maybe the okay we need we need to add it, which was that you know the state law does not apply to municipal elections, which we don't have those protections in place.
So I'm totally uh in favor of adding the uh that provision.
I didn't realize that state law left us out, and I think that's I think we need to rectify that.
Thank you very much.
Uh I agree with my colleagues um for the majority.
Um I do like the opportunity to be more clear with the BSC.
I think that was an issue last election.
Um, however, I do think that um we should note investigate in consultation with the city attorney and the city clerk.
The city's resources and and the city attorney's office will have to go and defend in court if we get to that point.
So I think it's important to at least consult the city attorney's office.
And I I I I would like to see a little bit more information because I do believe that we need to have teeth to our laws, but I also just want to have the balance of you know the risk to the city as well, uh, given the potential protracted process it could entail.
Um and it notes investigate violations of chapter eight.
I didn't want to inadvertently take away the requirement for other departments within the city to help with signs right now.
The city manager's office helps with signs.
I certainly don't expect members of the BSC to get a pickup truck and start running around the city and picking up signs.
So I wouldn't want them to be in that position, but the duties I just want to be clear who what are you proposing for signs?
Because I just I didn't want to inadvertently put a bunch of work on their plate, and I do think that we have staff who can work on that.
We have a campaign policy that now falls under the city manager's office, and that is one of those duties.
Mr.
City Manager, and to be clear, I would delegate that to the code enforcement department.
Yes, which we haven't done in the past when we've already been doing this election cycle.
So we need to keep doing that.
Yeah, we have done it in previous election cycles.
Oh, okay.
Yeah, yes.
Well, I don't know which office.
You're saying DPW versus CPDS.
Correct.
The city manager's office has managed it, but I don't know which department it was in.
Yeah, we should do some code enforcement officers to pick up signs very proactively during the election cycle.
That's just my opinion, and hopefully council backs that up.
Thank you.
And I'll just note there are a lot of signs in right-away right now, right now.
Every time we get them picked up, they come right back.
But uh so noted, thank you.
Thank you.
Okay.
I just wanted to clarify that.
Um I I would feel for Mr.
Mahalik or the BSC having to do that.
I want to make sure that's clear.
Um, and then I also just I know that in our election code and when we got the other draft, I said that there will be protocols developed or administrative processes.
I think some of these sections would really require to have some administrative policies as to how you investigate and how you administer municipal actions.
So there's not a willy-nilly approach, depending on who is at the BSC versus not, that there's some standardization and continuity from multiple boards because people change um, you know, make maybe council change, staff change, so just some guidance there.
I would assume that we would be creating that as well.
Absolutely.
You'd have to do the SOPEs after the enforcement has been in place.
Okay.
And um, I do since you clarify that the state law does not apply here, I do support aligning with the state uh on that.
I I think you noted it might be a misdemeanor, or you know, you we do your homework on what's the appropriate approach here looking at state law.
Now my question is the polling locations does apply to the city or not?
Uh vote it would be vote centers.
So it would be we would include vote centers, not polling places, because we don't have them and not correct.
Yeah.
But the state does the current state law apply or not?
I know that the CPU I didn't have a chance to really fully review the email that we got.
Not for us, not for us.
So then I just wanted to note we should look at that more broadly.
And then uh the last thing I'll say is um there is some discussion about ice around polling locations, and I just want to make sure that we're thinking about those issues as well to protect our community and make voting free of intimidation.
Councilmember Valerie.
Yes.
Okay.
So on the news section describing the authority.
This is, I guess, more of a question for our acting city attorney.
But if we we solely put that the BSC has the authority to conduct municipal elections and we don't include in conjunction with the city clerk or whatever, um city clerk's office.
Not whatever.
Do we have any liability concerns?
Or you know, that like as far as if in the conduct of a an election, let's just say some something goes awry, and um the liability, the risk of a lawsuit, if it's not if it's solely the BSC as the the entity with that authority, you know that you kind of see where I'm getting at.
Yeah.
Do we have a concern there?
I I don't have a concern.
I understand what you're saying, but um candidly, the city has insurance and they're covered as a case.
Yeah, under the local government insurance trust insurance correctness commissions on that.
And they're covered as um, you know, agents of um the city or the body.
That's okay.
That's and that's fine.
That works for me.
I just that was one of my questions I that I had on that.
Um I am I'm in support of for six and seven, adding something to the effect of in close consultation with the city attorney, um, not just in consultation.
I I think it should be very close.
Um and to a certain extent deferential, um, because I think that that's not the primary authority of of the BSE.
Um everything else looks looks AOK by me.
Um thank you for the clarity on the new provision.
Um, I'm shocked that municipal elections are not covered by this.
Maybe I'm like, where's where's Linda?
Maybe that's what we should have added to our uh MML list.
Um that's that's leaves a lot of people without coverage, not just us.
Um, and I don't think that that's that's right that um they carved out uh local elections because I think the same issues could apply.
So I I would I'd be down for you know advocating for that in the next legislative session.
Um I think that um to uh earlier point by by council member Shaw, um threatening and intimidating are defined under um under law, so that there's not a lot of of wiggle room, and I'm sure the officers um who are here every night with us could give us more information if we were curious about what threatening intimidation um the legal standard is.
Thank you.
Thank you, Councilmember Fulton.
Uh yes, I support making sure that our elections are protected the same way the state protects its elections.
So yes to the bottom one.
Um on describing the authority, yes, we should have somewhere a section that describes the authority of the BSC better than we currently have it.
But this is an area where I could use a lot more like benchmarking or comparison or how to other people do it.
I don't mean to be flipped, but like the justification is it resolves questions regarding the authority of the BSC.
Well, yeah, but which way are we resolving it and why?
Um so you know, I I I try to do a little looking myself.
Like I mean, I I don't know that our like most of our other meeting displays have this, like I don't know that our sister cities nearby give the BSC this kind of authority.
So I want to resolve it.
I just don't want to presuppose the correct way to resolve it without a whole lot more information.
So yes to the broad, yes, we should add the section, but what actually goes in it, I'd want to know a lot more before I decided what.
Thanks.
Thank you.
Dr.
Miles.
Thank you, Madam Mayor.
Comments are largely similar to my colleague, Councilmember Fulton.
Um and as was kicked off by Councilmember Van Gratt with regard to the first section, uh the new portion points one through eight.
And then the second new section with regard to crimes and threatening election officials, I support as written.
Thank you.
Thank you.
Just to clarify, were you open to the polling location?
Not polling.
Vote centers as well.
We added that in.
That's cool.
Okay, you said as written, so I want to make sure.
Okay, thank you.
Councilmember Valerie.
I think we if we're doing the vote center edition too, I think we do need to actually um add drop box locations as well because the BSE is the one, the entity that that collects them also the threatening and intimidation could occur there as well.
We would okay, yeah.
Thank you very much.
Councilman Busha.
I did just want to uh clarify with my comment around defining threatening.
That could uh we could just include language from elsewhere in the code, but just to make sure, because this is very new and we're adding this, just to clarify, or we can say refer to wherever, but just to have some additional information here, I think would be helpful.
And then um the common around the ice.
I Madam Mayor, just to clarify, um, you weren't saying that the BSC would be responsible for that, right?
No, you were just talking about No, I'm just asking that staff think about ways to support uh voter security as well, and anything that we need to be learning.
I I was seeing some news reports about um intimidation net polling locations.
Okay, yeah, I definitely agree that we should have a plan.
I just wanted some clarity.
Thank you.
No, just one more.
We're almost there.
So the BSC recommends the following to the BSC and city staff.
Prepare a handbook for prospective candidates, providing guidance and describing common pitfalls, which that uh the board is working on and has worked on and completed.
Electronic signature for nominating petition forms.
We are working with uh IT to see a pilot and where we can get that done.
Work with IT and um also our GIS department to ensure that the properties have been included that were excluded from the voter database in the last election, make necessary arrangements with our UPS um to uh our United States Post Office to retrieve ballots postmarked on or before election day.
Um provide vendors with mailing addresses of those Rockville voters who have opt out web delivery in the state and federal elections, and to reach out to our residents and newly added properties and communities, and that um we were talking about that twin brick quarter and adding that third um drop box location.
With that, we uh thank you to the mayor and council for taking the time to provide directions on the BSC's recommendations in order to move forward with revising the election code and ensuring implementation prior to the November municipal election.
Your direction tonight will provide guidance to staff BSC to hold our work sessions with both the city clerk's office and the city attorney's office to propose a rewrite on the draft by August 21st to the mayor and council for review.
And with that, we're in closing.
Thank you very much.
Councilmember Shaw.
Do you have any comments?
No comments, Madam Mayor, Councilmember Jackson.
This is no, it's been a long process, but I think it's been a a good process.
Uh and I'm looking forward to uh you guys uh taking what we said away and um uh working on language and then coming back to us and you know us getting into it uh because I think that we did a lot of good work tonight, but there's a lot that is uh still left to be done, and so I'm anxious to get underway because the the deadline of course is uh coming upon us.
So thank you for the good work and let's hurry up.
Thank you.
We want to hurry up too.
Uh thank you very much.
I appreciate all these items here.
I did have a question about um how were you making sure that new communities are included?
Uh because I I will say this before it became an issue.
I remember that there was the new whole section at the village that was missing from my GIS system.
I happen to be checking and notice it was missing loaded staff, and they were able to get it before it became a vote of mail issue.
How are we doing?
How are we gonna avoid stuff like that?
With that voter overlay and to check all districts um and and and look at the districts and make sure all districts are included in that voter database, and that's how you can do it.
That omission was done when the county did an um uh redistricting and they left that area out.
And so at you know, in 2019, I think that was the main bridge.
Yeah, we were fine.
I'm talking about the Glenmere at the village.
But district 10 is included in that redistricting, and that was part of district 10.
Okay.
All right.
So and then as we develop new properties, you're working with CPDS.
CPDS and it sends us a uh uh address listing, and it also goes to the county, so we have to do checks and balances with the county, so they will include that at their GIS to make it to ensure that those properties have been included in the voter database.
Okay.
Um this is an exploratory thing, but I don't know if you're seeing any examples of uh boards of elections, boards of visible elections dealing with AI.
Wait, that's we haven't discussed that at all.
I don't know if there's anything you can do about disclosures on, but there's some you know, AI being used and with mocking people and videos can make them to look real.
I don't know if we have any teeth there, but I think it's something to watch to see how this evolves because a lot could happen in a year.
Um the other thing I wanted to note is um this was before I got on council, but there was an issue with the process on vacancy, it was very messy.
Um it was hard for the people who were on council to deal with it.
And I just wanted to know should we be looking at that vacancy section in case there's ever a vacancy on the mayor and council to be more clear on that process.
Uh and the rewrite, it actually was less clear.
Um, so I just want to make sure we're looking at that holistically.
Um, and then the last thing I'll say is if if there were any significant non-reimbursements of the BSC from the last election, I would be open to some sort of recompensation.
Just wanted to comment on that.
Um Councilmember Larry.
Thank you all.
This is phenomenal, phenomenal work.
Um, I I appreciate that.
Um we have so many more new communities on the horizon.
So that point in particular um is of great interest to me because I think we just need to consistently across the city, make individuals feel, you know, from the moment that they they move to Rockville that they're part of the process, and that voting here is they're welcome.
And it's a very special thing that we have in vote by mail.
So um, to that extent, just anything and everything that we can do, um, we should do.
So um that was kind of my my biggest point out of that last slide, and thank you all for just tremendous work.
And I'm I'm with council member Jackson.
Let's let's get her done.
Thank you, Councilmember Fulton.
Nothing more to add.
Thanks.
Good good work today.
We have a lot more to do.
Yes.
Yep, agreed.
Dr.
Miles.
Excellent.
All these additional recommendations are working in the right direction.
Um obviously we've got to marry what we did today with what we've also said before and some of the other edits that was previously done from the city attorney's office.
So it's not just as easy as what we did.
I mean, today and the previous version and the previous version before that are all good starts.
Now it's a matter of uh I know putting it all together, which is the tougher part.
So as much as thanks for everybody, I'm issuing four word thanks for all the work that's gonna have to happen in the next couple months.
We thank you for that, and we appreciate tonight's comments and feedback to help us move forward.
I'll just uh did you have anything else?
Councilmember Shaw.
Yeah, I just also wanted to echo my colleagues and say thank you.
Um, I know this has been quite a journey from a very long time, and I know we also like going back to the Rockville Charter Review Commission.
Um, so that it's been um it's just been a very long journey, so I'm glad that we have made the progress that we have.
I'll uh do the final thanks uh on behalf of all of us.
You've heard us say we really appreciate all the hard work, and I also want to look clearly at the BSC, those who are here, those who are not, uh, greatly appreciate their work because they had to do a lot of quick reviews in short order.
And thank you to uh our city attorney and our city clerk.
I know you've had to hustle on this, and thank you for the previous work of the city manager as well.
Thank you.
We are looking forward, we'll be watching this schedule very closely, and uh just would ask the city manager and city clerk to make sure this is all mapped out in six-month calendar, and also just encourage my colleagues.
They're articulating in here when we're gonna get drafts, some of it's during recess.
Um, so it just may require us to send questions as early as possible so that they are prepared and we can have very productive work sessions.
Noted.
Thank you very much.
We're we we're almost on time with the change that we made, so thank you, colleagues.
It's cheating.
We made adjustments to be on time.
It's it's okay.
Um so thank you very much.
I know we already went through the mock agenda, but I'll just pause to see if anyone has any other comments.
Uh please look at the leadership planning team meeting that we did this morning.
Old new business.
Councilman Van Grack.
Um, I just want to add, uh, based on kind of what we were talking with Fast Two improvements.
I mean, if one of the reasons that we happen to be going long is because people want to get their questions on the record.
If there's a way in which we can actually have each issue an agenda item have questions that are published on a regular basis that might make our meetings go quicker so that questions are published as Councilmember said in a public forum to be able to do so.
Um it might potentially make it so that we don't end up on a regular basis here till 11 or midnight.
So just something to do.
Councilmember Valerie.
I I I appreciate what you're saying.
I think sometimes while that you absolutely can do that, I I I don't know if I'm alone in this, but I I get benefit from hearing the the rationale of everyone's, you know, I am thinking this way, and this is why.
You can't capture that in a list of questions necessarily, nor could I have some of our wonderful rejoinders that council member van Grack and I have.
I think this is more than like I need my questions on the record.
It's more about um, you know, collaboration to come to a decision point and maybe you know, um, we learn a little bit something that we didn't know before thank you.
Uh, can I um just maybe we can take this one offline in the spirit of time?
Uh, but I just want to say uh thank you uh for moving forward with the questions that we had and just on fast alone, incredible progress.
I actually was today hearing the city of Rockville was great.
I know we still have some work to do because there's a couple of times we have hiccups because we're all human and systems are not perfect, but we've tried to be better.
Um, but I do think that this is something that we should work with ready uh and the team to get out because I think the business community would benefit of seeing the presentation uh as well.
So um thank you for that.
I just want to flag one thing.
Uh I'm I I did hear last week that WSSC has flagged some concerns regarding another section of the Potomac Interceptor that there is a plan to address it, but I just wanted to say um, you know, I I appreciate the collaboration of the city and the county with WSSC and DC Water.
Um, and please just keep us informed on next steps.
I think there's an action plan.
We'll do thank you.
Thank you.
All right.
Does anyone else have anything to add?
Councilmember Shise, you want to make the motion to adjourn?
I move to adjourn.
Thank you.
Do we have a second?
Councilmember Fulton seconds.
All those in favor, please raise your hand and say aye.
Excellent.
Thank you all.
Have a wonderful evening.
Thank you to all of our staff and residents for watching.
Rockville City Council Meeting: Election Code Rewrite, BRT Updates, and Budget Amendment - June 8, 2026
The Rockville City Council convened meeting 16-26 on June 8, 2026, covering the city manager's report, a community forum, special presentations on Bus Rapid Transit (BRT) and the Planning Commission annual report, a consent agenda, a budget amendment, and a work session on election code rewrites. Key actions included approving the consent agenda and budget amendment, and providing policy direction for the election code rewrite.
Consent Calendar
- Approved items 9A through 9I, including adoption of a revised investment policy (9A), LED streetlight conversion contracts (9B), concrete and brick infrastructure contracts (9C), Glenora Park stream restoration spot repair (9D), streetlight maintenance (9E), electric senior shuttle buses (9F, pulled for discussion then approved), dark fiber and internet upgrades for city facilities (9G, pulled for discussion then approved), amendments to professional services contracts (9H), and temporary labor services (9I). Councilmember Valeri pulled items 9F and 9G for questions; after clarification, they were approved by unanimous voice vote.
Public Comments & Testimony
- David Weinberg (Rockville resident, PhD in political science): Expressed strong support for ranked-choice voting (RCV), citing benefits such as reflecting voter preferences, encouraging positive campaigning, and providing winning candidates with broader legitimacy. He noted RCV use in Takoma Park and Washington, D.C.
- Michelle Whitaker (Executive Director, Ranked Choice Voting Maryland): Urged the council to adopt RCV, highlighting its potential to improve representation for women, people of color, renters, and other communities. She noted that Berwyn Heights, MD recently adopted RCV via ballot initiative.
- Melton Halen (Frederick County resident): Encouraged Rockville to implement RCV, stating that no jurisdiction that adopts it wants to return to first-past-the-post voting.
- Ellen Pack (Rockville resident): Supported RCV to engage more residents in the political process and provide practice for larger elections.
- James Druva Kumar (J.D. Kumar, Democratic candidate for Congress, MD-8): Discussed his platform, including ADA support, interest-free mortgages, property tax freeze for seniors, and housing as a basic right.
Discussion Items
- City Manager's Report: Jeff Mahalick reported on community events (Pride event, Suds and Souls), new pickleball courts at Israel and Welsh Parks, Redgate Park improvements, LED streetlight conversion, and acquisition of electric senior shuttle buses. Mayor Ashton highlighted Neighborhood Connect, summer kickoff, and public safety awards.
- Councilmember Van Grack raised a rabid fox alert, with the city manager advising residents to call 240-314-8900 to report erratic animals.
- Special Presentation: BRT Updates: Montgomery County DOT presented on Veers Mill Road (7.6 miles, 12 stations, $230M, construction starting spring 2026, opening late 2028) and MD 355 (15.5 miles, $517M, 14,000 daily trips, revenue service 2031). Council asked about station locations, equity, coordination with the city, and timeline challenges. The FTA grant for Veers Mill is expected summer 2026.
- Planning Commission Annual Report: Chair Meng Sun reviewed 2025 activities: 16 meetings, 19 subdivision plans, 5 site plans (1,005 dwelling units, 719,000 sq ft office/R&D), recommendations on zoning amendments, and work on zoning ordinance rewrite. Highlights included approval of Shady Grove Metro annexation and affordable housing projects.
- Work Session: Election Code Rewrite: The Board of Supervisors of Elections (BSE) presented recommendations for the 2027 municipal election. Council discussed and provided direction on:
- Continuing vote-by-mail (unanimous support).
- Establishing a third vote center on the east side of Rockville Pike (unanimous support).
- Providing a stipend to BSE members ($2,500 members, $3,500 chair) – council agreed to reimburse expenses and have a broader discussion on board compensation.
- Expanding campaign material definitions to include robocalls, texts, and audio (supported).
- Adding definitions for campaign committee, contributions, and expenditures (supported).
- Closing voter registration 60 days before the election (split; majority opposed, decided to keep 45 days but clarify language).
- Allowing BSE to recommend vote center/drop box locations with council approval (supported with caveats on minimums).
- Reducing mailers from 4 to 3 (majority opposed, kept 4).
- Deleting absentee ballot provisions (supported with voter education requirements).
- Retaining certification for voter assistance (supported removal; council decided to keep form for accountability).
- Clarifying when one becomes a candidate (supported).
- Requiring slates to disband after each election cycle (supported).
- Adopting independent expenditure reporting rules (supported; further information requested on threshold amount and agent residency).
- Increasing maximum late filing fee from $360 (supported; council indicated $1,000 or more).
- Streamlining late fee procedures (supported).
- Requiring opt-out for political text messages (supported; legal review requested on federal/state preemption).
- Adding BSE authority section (supported; further details needed on investigation and citation authority).
- Making threats against election officials a crime (supported, to align with state law).
Key Outcomes
- Consent agenda and budget amendment adopted by unanimous vote. Budget amendment (FY26 #4) included $4 million CIP transfer from excess reserves, revenue adjustments for recreation and red-light camera program, and senior assistance fund replenishment.
- Policy direction provided for election code rewrite: Staff and BSE will draft revisions based on council feedback, with a target to return to council by August 21, 2026. Key directives include continuing vote-by-mail, adding a third vote center, increasing late fees, and adopting independent expenditure disclosure.
- BRT projects to proceed with ongoing coordination between city and county on pedestrian safety and community outreach.
- Planning Commission annual report accepted with appreciation.
- Council directed staff to explore expanded reimbursement policies for BSE and conduct a holistic review of board/commission compensation.
Meeting Transcript
Good evening, Rockville. Today is June 8th, 2026, and we're convening meeting 16-26. Please join me as you're able in the Pledge of Allegiance. We'll now move to agenda review, Miss Sarah Taylor Pharrell. Madam Mayor and Council members, there are no changes to the agenda for this evening. Excellent. Thank you. Now move to the city management report, Mr. Jeff Mahalick. Mayor Ashton, members of City Council, ladies and gentlemen, good evening. To say we're busy is an understatement, but it's all good things. We are in high season for community events. We had a wonderful pride event this past weekend. I mean, the turnout was incredible considering how hot it was. Great turnout. A lot of really happy people running around. It was wonderful. And then this coming Saturday, we have another really popular event, which is Suds and Souls. So we're looking forward to that on Saturday evening. We're also doing a number of park improvements in the city. One that's really popular in the community is we just installed a bunch of new pickleball courts, both at Israel Park and Welsh Parks. And we continue to plan for future parks, like working on our final plans for the much awaited Redgate Park improvements. Then lastly, I'll just mention that we're continuing to work on implementing our climate action plan, including working on the last phase of our LED streetlight conversion plan and the acquisition of brand new electric uh senior buses. We're excited about that as well. That's all I have to report, Mayor. Thank you. Thank you. I also wanted to extend uh thank you to everyone who came out in the community and to staff for pride. It was fantastic, and thank you to the Human Rights Commission. You also had a number of important other events that happen in the city. Uh the Neighborhood Connect at Scarborough Square. It's our effort to get out into the community, bring council to the community. And we had a chance to hear detailed information to meet with children as well as adults on uh their ideas, their concerns, and I know staff is following up on that. And then some of my colleagues and I jumped in the pool on Saturday for a summer kickoff. It was so nice to see the teens just the teen community having fun talking to each other, not on their phones, just really engaging in a positive and healthy way. So I want to thank staff and the Wreck and Parks Foundation. Uh and then RCPD came out and really had a strong partnership with Main Street and many other public safety professionals from the state to the county to the fire uh leaders. I just want to say thank you for that, as well as the um public safety awards with the chamber. So very, very busy week, and uh I know it takes lots of work and want to thank my colleagues for coming in and being a part of it. Councilmember Van Grack. Um, so aside from echoing all of uh what you had to say about the great uh wonderful events, um, I know that as much as there were some wonderful things, we did get an alert, and I want to thank the Rockville City Police Department with regard to the fact that there appears to be a rabid fox that has been attack a few different individuals and dogs. And Mr. City Manager, I don't know if you want to just either elaborate on the alert that was issued and maybe just confirm that if there is any capture or confirmation that the city will also follow up with alerts. Yeah, thank you for the question. Yeah, unfortunately, we do have um a rabid fox um at large, if you will, out in the community. If any member of the public see a fox that is acting weird in any way, they should call us immediately. Um we do have animal control, that's part of our uh police department. We will send someone out. We just don't want somebody trying to take matters under their own hands. Um if we see a specific location where we know the fox is, we will send out an alert.
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