[0mBill No. 23-12
Concerning: Administration Open
[[Government]]
ｾｄｾ｡ｴＤ｡｟ＭＭＺＭＭＭＺＭ__
Revised: 12/412012 Draft NO.6
Introduced: July 31.2012
Enacted: December 4.2012
Executive: December
2012
Effective: March
2013
Sunset Date: --'-"No>:<!n.1.:::,e'-----c::---,--::--
Ch. ｾＬLaws of Mont. Co. 2012
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Riemer and Andrews, Council President Berliner, and Councilmembers
Leventhal, Floreen, Navarro, and Ervin
AN ACT to:
(1) require the County to make certain public data sets available on a single web portal
on the internet;
(2) require the ([Department
of Technology Services]] County to develop a technical
standards manual for publishing public data sets;
(3) require the County to develop ([a Compliance]] an Open Data Implementation Plan;
(4) require the County
to include on the single web portal, a website that includes
certain information on requests submitted to the County under the Maryland Public
Information Act and the County's response to that request;
(5) require the Chief Administrative Officer to report to the Council on the Executive
Branch's [[compliance with]] responses to the Maryland Public Information Act;
and
(6) generally amend County law regarding administration.
By adding
Montgomery County Code
Chapter 2, Administration
Article XIV,
Open [[Government]] Data
Sections 2-152, 2-152, 2-153, 2-154,2-155,2-156,2-157, [[and]] 2-158, and 2-159
Boldface Heading or defined term.
Underlining
Addedto existing law by original bill.
[Single boldface brackets]
Deletedfrom existing law by original bill.
Double underlining
Addedby amendment.
[[Double boldface brackets]]
Deletedfrom existing law or the bill by amendment.
* * Existing law unaffected by bill.
The County Council
for Montgomery County, Maryland approves the following Act:
4 5
7 8
18 19
27 BILL
No. 23-12
Sec. 1. Article XIV (Sections 2-152, 2-152, 2-153, 2-154, 2-155, 2-156,
2-157, [[and]] 2-158,
and 2-159) is added to Chapter 2 as follows:
Article XIV.
Open [[Government]] Data.
2-152. Title.
This Article is known as the "Montgomery County
ｾ[[Government]] Data
Act."
2-153. Definitions.
In this Article, the following words and phrases have the following meanings:
Agency means any department or ｯｦｦｩ｣･｛｛ｾ＠department, division, board,
committee, commission]]
ofthe County government.
Data means the final version
of digital information:
Uti ill in ｾ＠structured, statistical, or alphanumeric form (Le., list,
table, graph, chart, or other non-narrative form) that can
be digitally transmitted or processed; or
ill.} in an unstructured, factual, or content form .G.b fact
sheet, memorandum, press release, compliance guidance,
manual, or other narrative form) that can be digitally
transmitted or processed; and
lhl regularly created or maintained Qy or on behalf of and owned
Qy an agency that records ｾ＠file, measurement, transaction, or
[[determination]] final decision related to the mission of an
agency.
Data does not include any information provided to an agency
Qy another
government entity; or any image file, such as
ｾ＠design, drawing, map. photo,
or scanned
£QPY
of an original document. [[Data includes statistical or
factual information about the image file and geographic information system
data.]]
-2 BILL No. 23-12
28 [[Department means the Department of Technology Services.]]
29 [[Determination means any agency's final decision about a person,
30 including:
31 ill eligibility for services or benefits;
32 (hl issuing ｾ＠permit;
33 (£} registration, certification and licensing; and
34 @ liability for civil and criminal penalties.]]
35 Maryland Public Information Act or Act means the Maryland Public
36 Information Act, codified at Sections 10-611 through 10-630 of the State
37 Government Article
ofthe Maryland Code.
38 Measurement means to guantify any characteristic of an observable event,
39 occurrence, or object
.Qy comparison to ｾ＠reference standard.
40 Qpen Data Implementation Plan means a plan developed by the Chief
41 Administrative Officer to implement this Article and as further described in
42 Section 2-158.
43 Open standard means ｾ＠technical standard developed and maintained .Qy ｾ＠
44 voluntary consensus standards body that is available to the public without
45 royalty or
fee.
46 Public data set means ｛｛ｾ＠comprehensive collection of interrelated data that
47 is available for inspection
.Qy the public under any provision of law and is
48 maintained on ｾ＠computer system ｾor on behalf of, an agency.]] data
49 idsmtified as eligible for publication by the Open Data Implementation Plan.
50 Public data set does not include any portion of ｾ＠data set that is not subject
51 to disclosure under any Federal or State law, including the Maryland Public
52 Information Act.
53 Technical standard means:
-3 BILL No. 23-12
54 W the common and repeated use
of ｾ＠rule, condition, guideline, or
55 characteristic for any product or related process and production
56 method, and related management systems practice; and
57 {hl ill the definition of ｾ＠term;
ill classification of ｾ＠component;
ill delineation ofｾ＠procedure;
60 ill specification of dimension, material, performance,
61 design, or operation;
ill measurement of quality and quantity in describing any
63 material, process, product, system, service, or practice;
64 ® test method and sampling procedure; or
ill description of fit and measurement of size or strength.
66 Transaction means any interaction between
an agency and any person
67 related to the mission
of an agency.
68 Voluntary consensus standards body means
ｾ＠domestic or international
69 organization that develops and maintains
ｾ＠technical standard that uses ｾ＠
70 transparent deliberative process, permits the participation of any party, and
71 achieves general consensus, although not necessarily unanimity, of the
72 participating parties, including ｾ＠process to attempt to resolve any difference
73 in viewpoint.
74 2-154. Public
data set availability.
75 W [[An agency]] The County must make ｛｛ｾ｝｝＠some public data sets
76 available on
ｾ＠single web portal on the Internet within 1 year after this
77 Article takes effect. Every agency must make at least one public data
78 set available
to .. be published on a single web portal within the
79 timeframe prescribed by the Open Data Implementation Plan. The
80 Open Data Implementation Plan must . assign and prioritize by
4 BILL No. 23-12
81 subcategories the order in which public data sets should be published.
82 To prioritize public data sets in the Open Data Implementation Plan,
83 the Chief Administrative Officer must consider whether information
84 tilllbodied in the public data set:
85 ill can be used to Increase agency accountability and
86 responslveness;
87 aJ improves public knowledge ofthe agency and its operations;
88 Lll furthers the mission ofthe agency;
ill creates economic opportunity; or
90 (2) responds t9 a need or demand identified by public consultation.
91 [[If an agency cannot make !! public data set available, the agency
92 must report to Executive and Council:
93 ill which public data set it is unable to make available;
94 ill the reasons why the agency cannot make the public data set
95 available; and
96 ill the date Qy: which the agency expects the public data set to be
97 available on the single web portal.]]
98 (Q) Any published public data set that an agency makes available on the
99 Internet must be accessible through !! single web portal that is linked
100 to www.montgomerycountymd.gov or any successor website
101 maintained by" or on behalf Q£. the County.
102 W A public data set must be made available as specified in technical
103 standards [[identified Qy: Method ｾ＠ｲ･ｧｵｬ｡ｴｩｯｮ｝｝ｾ＠
104 @ A public data set must be published in !! format that permits
105 automated processing and must make use of appropriate technology to
106 notify
the public
of all updates.
5� BILL No. 23-12
107 ill Once published, a [[A]] public data set must be updated as often as is
108 [[necessary to preserve the integrity and usefulness of the data set to
109 the extent that the agency regularly maintains or updates the public
110 data set]] required by the Open Data Implementation Plan.
111 ill A published public data set must be made available without any
112 registration or license requirement or restriction on use. However, the
113 [[Department]] County may require
ｾ＠third nmY providing to the
114 public any public data set, or application utilizing that data set, to
115 explicitly identify the source and version
of the public data set and
116 describe any modification made to that data set. In this Section,
117 registration or license requirement or restriction does not include any
118 measure required to:
119 ill assure access to ｾpublic data set;
120
ill protect the single web site housing ｾ＠public data set from
121 unlawful abuse or an attempt to damage or impair use of the
122 web site; or
123
ill analyze the ｾof data being used to improve service delivery.
124
(g} A published public data set must be accessible to external search
125 capabilities.
126
(hl Nothing in this Article prohibits an agency from: ill voluntarily
127 disclosing information not otherwise defined as data; or
ill making
128 voluntarily disclosed information accessible through the single web
129 portal.
130
ill [[After ｾ＠public data set has been available on the web portal for §
131 months, an agency must not change or terminate collection of data or
132 remove the data set from public access without the approval
of the
133 Chief Administrative Officer or the Chief Administrative Officer's
-6 BILL No. 23-12
134 designee.]] The Open Data Implementation Plan must address when
135 and how an agency may change or terminate collection
of data or
136 remove the public data set from public access.
137
ill [[The Chief Administrative Officer must assign appropriate staff to
138 manage the public data sets.]] The Open Data Implementation Plan
139 must address appropriate staffing to manage the published public data
140
141 2-155. Web portal administration.
142 !ill The [[Department may take reasonable measures]] Open Data
143 Implementation Plan must address measures to maintain bandwidth
144 availability
ofthe web portal.
145
(Q} The [[Department]] County must conspicuously publish the open data
146 [[legalH policy in Section 2156 on the web portal.
147 W The [[Department]] County must implement [[an online forum]]
ｾ＠
148 mechanism to solicit public feedback and encourage public discussion
149 on open data policies and public data set availability on the web
150 portal.
151 @ An agency must consider any request that it receives through the [[on
152 line
fOI1l1l!]] public feedback mechanism to include ｾ＠particular public
153 data set when making any determination as to priority for public data
154 set inclusion on the single web portal.
An agency's consideration of
155 such a request must defer to the priority assigned to publication by the
156 Open Data Implementation Plan.
157 2-156. Open data [[legal)) policy.
158 !ill A public data set made available on the web portal is provided for
159 informational purposes. The County [[does not]] makes no express or
160 implied warranty
the completeness, accuracy, content,
-7 BILL No. 23-12
161 merchantability, or fitness for any particular purpose or use of any
162 public data set made available on the web portaU[,. and no warranty
is
163 implied with respect to any public data set on the web portaUL
164
(Q) The County is not liable for any deficiency in the completeness,
165 accuracy, content, or fitness for any particular purpose or use of any
166 public data set, or application utilizing the data set, provided Qy any
167 third party.
168 {£} This Article and the Open Data Implementation Plan [[does]] do not
169 create
ｾ＠private right of action to enforce [[its]] their provisions.
170 Failure to comply with this Article
01" the Open Data Implementation
171 Plan must not result in liability to [[an agency]] the County.
172 2-157. Internet data set policy and technical standards.
173 ill} Within 180 days after this Article takes effect, the [[Department]]
174 County must prepare and publish ｾ＠technical standards manual for the
175 publishing
of ｾ＠public data set in raw or unprocessed form through ｾ＠
176 single web portal Qy an agency to make public data available to the
177 greatest number
of users and for the greatest number of applications.
178 The manual:
179 ill must use open standards for web publishing and egovemment,
180 whenever practicable;
181 ill must identify the reason why each technical standard was
182 selected and to which ｾof data it applies;
183
ill may recommend or require that data be published in more than
184 one technical standard; and
185 ill must include ｾ＠plan to adopt or utilize ｾ＠web application
186 programmmg interface that permits application programs to
8 � BILL No. 23-12
187 request and receive public data sets directly from the web
188 portal.
189
(Q) The [[Department]] County must update the manual as necessary.
190 (fl The [[Department]] County must consult with appropriate voluntary
191 consensus standards bodies and, when participation is feasible, in the
192 public interest, and
is compatible with agency and departmental
193 missions, authorities, and priorities, participate with such bodies in the
194 development
of technical and open standards.
195 2-158. [[Agency]] Open Data [[Compliance]] Implementation Plan.
196
.ill.} Within .lli months after this Article takes effect, the [[Department]]
197 Chief Administrative Officer must [[submit]] issue. via Method (2)
] 98 regulation. an Open Data
｛｛ｾ＠Compliance]] Implementation Plan [[to
199 the Executive and Council and must make the Plan available to the
200 public on the web portal. Each agency must cooperate with the
201 Department in its preparation
ofthe Plan]]!. The Plan must:
202
ill include ｾ＠summary description of ｾ＠public data set under the
203 control
of each agency on or after this Article takes effect;
204
ill prioritize the public data sets for inclusion on the single web
205 portal on or before December
lL 2018, under the standards
206 adopted
Qy the [[Department]] County under Section 2157;
207 and
208
ill create ｾ＠timeline for their inclusion on the single web portal
209
(Q) If ｾ＠public data set cannot be made available on the single web portal
210 on or before December
lL 2018, the Open Data Implementation Plan
211 must state the reason why the set cannot be made available, and, to the
212 extent practicable, the date
Qy which the agency in possession of the
-9 BILL NO. 23-12
213 public data set believes that it will be available on the single web
214 portal.
215
ill [[To prioritize public data sets, an agency must consider whether
216 information embodied in the public data set:
217
ill can be used to increase agency accountability and
218 responsIveness;
219
ill improves public knowledge of the agency and its operations;
220
ill furthers the mission ofthe agency;
221 ill creates economic opportunity; or
222
ill responds to f! need or demand identified Qy public consultation.
223
@]] No later than July li,. [[2014]] 2015, and every July lithereafter, the
224 [[Department]] Chief A<iministrative Officer must submit to the
225 Executive and Council, and post on the web portal, [[an update ofl]
f!
226 report on the Open Data [[Compliance]] Implementation Plan [[to the
227 Executive and Council]] until all public data sets to be published have
228 been made available through
f! single web portal as required Qy this
229 Article. The [[update]] report must [[include]] explain:
230
ill the specific measures taken to make f! public data set available
231 on the single web portal since the previous [[update]] report;
232
ill any specific measure that will be taken before the next
233
[[update]] report;
234
ill [[an update to]] the list of public data sets, [[if
235 necessruyl1 outlined
In the Open Data [[Compliancel1
236 Implementation Plan should be updated;
237
ill [[any change to]] whether the prioritization of public data sets
238 in the Open Data [[Compliance]] Implementation Plan should
239 be changed; and
10 BILL No. 23-12
240
ill [[an update to]] whether the timeline outlined in the Open Data
241 [[Compliance]] Implementation Plan for the inclusion of ｾ＠
242 public data set on the single web portal, [[if necessaryl] should
243 be changed.
244
[[W]] £ill If ｾ＠previously unidentified public data set cannot be made
245 available on the single web portal on or before December lL. 2018,
246 the [[update]] report must explain why it cannot and, to the extent
247 practicable, specify the date
hy which the agency in possession of the
248 public data set believes that the public data set will be available on the
249 single web portal.
250 215[0012: Public Information Act Responses.
251 tru Definitions. In this Section, the following words and phrases have the
252 following meanings:
253 County means Montgomery County and includes any Executive Branch
254 department or office and any Legislative Branch [[department or))
255 office.
256 Legislative Bra.nch office means any office identified in Section lA203
257 (b), the Board
ofAppeals. and the Merit System Protection Board.
258 InfOrmation request means
ｾ＠request for documents submitted to the
259 County under the Maryland Public Information Act.
260
!.hl The Chief Administrative Officer must identifY in the Open Data
261 Implementation Plan what data elements and a schedule to make
262 available on the web portal for [[each]] information [[request submitted
263
to the County under]] relating to the implementation of the Maryland
264 Public Information Act
ｾ＠[[and]] the County [[County's response to
265 that request]]:.
11 BILL No. 23-12
266
{£} The Legislative Branch must post alldaULelements. as identified by the
267 Open Data Implementation Plan. on the same single web portal used by
268 the Executive Branch.
269 [[Except as provided in subsection
@1 the web portal must include:
270
ill each information request submitted to the County;
271
ill the date when the County received the information request;
272
ill the status ofthe information request;
273
ill if the information request was not answered within 30 days after
274 the County received.ih the reason for the delay; and
275
ill the final response to the information request.]]
276
[[@ The Chief Administrative Officer must not include on the web portal
277 any electronic mail address, home address,
or telephone number ofany
278 individual who submitted
ｾ＠responsive document.]]
279 [[W]] @ The Chief Administrative [[Officer]] Officer's report required by
280 Section
2:158 must [[report quarterly to the Council on the Executive
281 Branch's compliance with the Maryland Public Information Act The
282 report must cite the statutory exception that supports each denial
or
283 partial denial of an information request]] include an update on
284 implementation
of this Section.
285
12 BILL No. 23-12
286 Approved:
287 288
Approved:
289 J--
290 This is a correct copy o/Council action.
291 ｾＱｮＬ＠ｾ＠;2/7,/re-
The original PDF: http://montgomerycountymd.gov/open/Resources/Files/SignedOpenDataBill_23-12.pdf
The converted .txt file is as follows...
[0mBill No. 23-12 Concerning: Administration Open [[Government]] ｾｄｾ｡ｴＤ｡｟ＭＭＺＭＭＭＺＭ__ Revised: 12/412012 Draft NO.6 Introduced: July 31.2012 Enacted: December 4.2012 Executive: December
4 5
7 8
18 19
27 BILL No. 23-12 Sec. 1. Article XIV (Sections 2-152, 2-152, 2-153, 2-154, 2-155, 2-156, 2-157, [[and]] 2-158, and 2-159) is added to Chapter 2 as follows: Article XIV. Open [[Government]] Data. 2-152. Title. This Article is known as the "Montgomery County ｾ[[Government]] Data Act." 2-153. Definitions. In this Article, the following words and phrases have the following meanings: Agency means any department or ｯｦｦｩ｣･｛｛ｾ＠department, division, board, committee, commission]] ofthe County government. Data means the final version of digital information: Uti ill in ｾ＠structured, statistical, or alphanumeric form (Le., list, table, graph, chart, or other non-narrative form) that can be digitally transmitted or processed; or ill.} in an unstructured, factual, or content form .G.b fact sheet, memorandum, press release, compliance guidance, manual, or other narrative form) that can be digitally transmitted or processed; and lhl regularly created or maintained Qy or on behalf of and owned Qy an agency that records ｾ＠file, measurement, transaction, or [[determination]] final decision related to the mission of an agency. Data does not include any information provided to an agency Qy another government entity; or any image file, such as ｾ＠design, drawing, map. photo, or scanned £QPY of an original document. [[Data includes statistical or factual information about the image file and geographic information system data.]] -2 BILL No. 23-12 28 [[Department means the Department of Technology Services.]] 29 [[Determination means any agency's final decision about a person, 30 including: 31 ill eligibility for services or benefits; 32 (hl issuing ｾ＠permit; 33 (£} registration, certification and licensing; and 34 @ liability for civil and criminal penalties.]] 35 Maryland Public Information Act or Act means the Maryland Public 36 Information Act, codified at Sections 10-611 through 10-630 of the State 37 Government Article ofthe Maryland Code. 38 Measurement means to guantify any characteristic of an observable event, 39 occurrence, or object .Qy comparison to ｾ＠reference standard. 40 Qpen Data Implementation Plan means a plan developed by the Chief 41 Administrative Officer to implement this Article and as further described in 42 Section 2-158. 43 Open standard means ｾ＠technical standard developed and maintained .Qy ｾ＠ 44 voluntary consensus standards body that is available to the public without 45 royalty or fee. 46 Public data set means ｛｛ｾ＠comprehensive collection of interrelated data that 47 is available for inspection .Qy the public under any provision of law and is 48 maintained on ｾ＠computer system ｾor on behalf of, an agency.]] data 49 idsmtified as eligible for publication by the Open Data Implementation Plan. 50 Public data set does not include any portion of ｾ＠data set that is not subject 51 to disclosure under any Federal or State law, including the Maryland Public 52 Information Act. 53 Technical standard means: -3 BILL No. 23-12 54 W the common and repeated use of ｾ＠rule, condition, guideline, or 55 characteristic for any product or related process and production 56 method, and related management systems practice; and 57 {hl ill the definition of ｾ＠term;
ill classification of ｾ＠component;
ill delineation ofｾ＠procedure; 60 ill specification of dimension, material, performance, 61 design, or operation;
ill measurement of quality and quantity in describing any 63 material, process, product, system, service, or practice; 64 ® test method and sampling procedure; or
ill description of fit and measurement of size or strength. 66 Transaction means any interaction between an agency and any person 67 related to the mission of an agency. 68 Voluntary consensus standards body means ｾ＠domestic or international 69 organization that develops and maintains ｾ＠technical standard that uses ｾ＠ 70 transparent deliberative process, permits the participation of any party, and 71 achieves general consensus, although not necessarily unanimity, of the 72 participating parties, including ｾ＠process to attempt to resolve any difference 73 in viewpoint. 74 2-154. Public data set availability. 75 W [[An agency]] The County must make ｛｛ｾ｝｝＠some public data sets 76 available on ｾ＠single web portal on the Internet within 1 year after this 77 Article takes effect. Every agency must make at least one public data 78 set available to .. be published on a single web portal within the 79 timeframe prescribed by the Open Data Implementation Plan. The
80 Open Data Implementation Plan must . assign and prioritize by
4 BILL No. 23-12 81 subcategories the order in which public data sets should be published. 82 To prioritize public data sets in the Open Data Implementation Plan, 83 the Chief Administrative Officer must consider whether information 84 tilllbodied in the public data set: 85 ill can be used to Increase agency accountability and 86 responslveness; 87 aJ improves public knowledge ofthe agency and its operations; 88 Lll furthers the mission ofthe agency;
ill creates economic opportunity; or 90 (2) responds t9 a need or demand identified by public consultation. 91 [[If an agency cannot make !! public data set available, the agency 92 must report to Executive and Council: 93 ill which public data set it is unable to make available; 94 ill the reasons why the agency cannot make the public data set 95 available; and 96 ill the date Qy: which the agency expects the public data set to be 97 available on the single web portal.]] 98 (Q) Any published public data set that an agency makes available on the 99 Internet must be accessible through !! single web portal that is linked 100 to www.montgomerycountymd.gov or any successor website 101 maintained by" or on behalf Q£. the County. 102 W A public data set must be made available as specified in technical 103 standards [[identified Qy: Method ｾ＠ｲ･ｧｵｬ｡ｴｩｯｮ｝｝ｾ＠ 104 @ A public data set must be published in !! format that permits 105 automated processing and must make use of appropriate technology to 106 notify the public
of all updates.
5� BILL No. 23-12 107 ill Once published, a [[A]] public data set must be updated as often as is 108 [[necessary to preserve the integrity and usefulness of the data set to 109 the extent that the agency regularly maintains or updates the public 110 data set]] required by the Open Data Implementation Plan. 111 ill A published public data set must be made available without any 112 registration or license requirement or restriction on use. However, the 113 [[Department]] County may require ｾ＠third nmY providing to the 114 public any public data set, or application utilizing that data set, to 115 explicitly identify the source and version of the public data set and 116 describe any modification made to that data set. In this Section, 117 registration or license requirement or restriction does not include any 118 measure required to: 119 ill assure access to ｾpublic data set; 120 ill protect the single web site housing ｾ＠public data set from 121 unlawful abuse or an attempt to damage or impair use of the 122 web site; or 123 ill analyze the ｾof data being used to improve service delivery. 124 (g} A published public data set must be accessible to external search 125 capabilities. 126 (hl Nothing in this Article prohibits an agency from: ill voluntarily 127 disclosing information not otherwise defined as data; or ill making 128 voluntarily disclosed information accessible through the single web 129 portal. 130 ill [[After ｾ＠public data set has been available on the web portal for § 131 months, an agency must not change or terminate collection of data or 132 remove the data set from public access without the approval of the 133 Chief Administrative Officer or the Chief Administrative Officer's -6 BILL No. 23-12 134 designee.]] The Open Data Implementation Plan must address when 135 and how an agency may change or terminate collection of data or 136 remove the public data set from public access. 137 ill [[The Chief Administrative Officer must assign appropriate staff to 138 manage the public data sets.]] The Open Data Implementation Plan 139 must address appropriate staffing to manage the published public data 140 141 2-155. Web portal administration. 142 !ill The [[Department may take reasonable measures]] Open Data 143 Implementation Plan must address measures to maintain bandwidth 144 availability ofthe web portal. 145 (Q} The [[Department]] County must conspicuously publish the open data 146 [[legalH policy in Section 2156 on the web portal. 147 W The [[Department]] County must implement [[an online forum]] ｾ＠ 148 mechanism to solicit public feedback and encourage public discussion 149 on open data policies and public data set availability on the web 150 portal. 151 @ An agency must consider any request that it receives through the [[on 152 line fOI1l1l!]] public feedback mechanism to include ｾ＠particular public 153 data set when making any determination as to priority for public data 154 set inclusion on the single web portal. An agency's consideration of 155 such a request must defer to the priority assigned to publication by the 156 Open Data Implementation Plan. 157 2-156. Open data [[legal)) policy. 158 !ill A public data set made available on the web portal is provided for 159 informational purposes. The County [[does not]] makes no express or 160 implied warranty the completeness, accuracy, content, -7 BILL No. 23-12 161 merchantability, or fitness for any particular purpose or use of any 162 public data set made available on the web portaU[,. and no warranty is 163 implied with respect to any public data set on the web portaUL 164 (Q) The County is not liable for any deficiency in the completeness, 165 accuracy, content, or fitness for any particular purpose or use of any 166 public data set, or application utilizing the data set, provided Qy any 167 third party. 168 {£} This Article and the Open Data Implementation Plan [[does]] do not 169 create ｾ＠private right of action to enforce [[its]] their provisions. 170 Failure to comply with this Article 01" the Open Data Implementation 171 Plan must not result in liability to [[an agency]] the County. 172 2-157. Internet data set policy and technical standards. 173 ill} Within 180 days after this Article takes effect, the [[Department]] 174 County must prepare and publish ｾ＠technical standards manual for the 175 publishing of ｾ＠public data set in raw or unprocessed form through ｾ＠ 176 single web portal Qy an agency to make public data available to the 177 greatest number of users and for the greatest number of applications. 178 The manual: 179 ill must use open standards for web publishing and egovemment, 180 whenever practicable; 181 ill must identify the reason why each technical standard was 182 selected and to which ｾof data it applies; 183 ill may recommend or require that data be published in more than 184 one technical standard; and 185 ill must include ｾ＠plan to adopt or utilize ｾ＠web application 186 programmmg interface that permits application programs to 8 � BILL No. 23-12 187 request and receive public data sets directly from the web 188 portal. 189 (Q) The [[Department]] County must update the manual as necessary. 190 (fl The [[Department]] County must consult with appropriate voluntary 191 consensus standards bodies and, when participation is feasible, in the 192 public interest, and is compatible with agency and departmental 193 missions, authorities, and priorities, participate with such bodies in the 194 development of technical and open standards. 195 2-158. [[Agency]] Open Data [[Compliance]] Implementation Plan. 196 .ill.} Within .lli months after this Article takes effect, the [[Department]] 197 Chief Administrative Officer must [[submit]] issue. via Method (2) ] 98 regulation. an Open Data ｛｛ｾ＠Compliance]] Implementation Plan [[to 199 the Executive and Council and must make the Plan available to the 200 public on the web portal. Each agency must cooperate with the 201 Department in its preparation ofthe Plan]]!. The Plan must: 202 ill include ｾ＠summary description of ｾ＠public data set under the 203 control of each agency on or after this Article takes effect; 204 ill prioritize the public data sets for inclusion on the single web 205 portal on or before December lL 2018, under the standards 206 adopted Qy the [[Department]] County under Section 2157; 207 and 208 ill create ｾ＠timeline for their inclusion on the single web portal 209 (Q) If ｾ＠public data set cannot be made available on the single web portal 210 on or before December lL 2018, the Open Data Implementation Plan 211 must state the reason why the set cannot be made available, and, to the 212 extent practicable, the date Qy which the agency in possession of the -9 BILL NO. 23-12 213 public data set believes that it will be available on the single web 214 portal. 215 ill [[To prioritize public data sets, an agency must consider whether 216 information embodied in the public data set: 217 ill can be used to increase agency accountability and 218 responsIveness; 219 ill improves public knowledge of the agency and its operations; 220 ill furthers the mission ofthe agency; 221 ill creates economic opportunity; or 222 ill responds to f! need or demand identified Qy public consultation. 223 @]] No later than July li,. [[2014]] 2015, and every July lithereafter, the 224 [[Department]] Chief A<iministrative Officer must submit to the 225 Executive and Council, and post on the web portal, [[an update ofl] f! 226 report on the Open Data [[Compliance]] Implementation Plan [[to the 227 Executive and Council]] until all public data sets to be published have 228 been made available through f! single web portal as required Qy this 229 Article. The [[update]] report must [[include]] explain: 230 ill the specific measures taken to make f! public data set available 231 on the single web portal since the previous [[update]] report; 232 ill any specific measure that will be taken before the next 233 [[update]] report; 234 ill [[an update to]] the list of public data sets, [[if 235 necessruyl1 outlined In the Open Data [[Compliancel1 236 Implementation Plan should be updated; 237 ill [[any change to]] whether the prioritization of public data sets 238 in the Open Data [[Compliance]] Implementation Plan should 239 be changed; and 10 BILL No. 23-12 240 ill [[an update to]] whether the timeline outlined in the Open Data 241 [[Compliance]] Implementation Plan for the inclusion of ｾ＠ 242 public data set on the single web portal, [[if necessaryl] should 243 be changed. 244 [[W]] £ill If ｾ＠previously unidentified public data set cannot be made 245 available on the single web portal on or before December lL. 2018, 246 the [[update]] report must explain why it cannot and, to the extent 247 practicable, specify the date hy which the agency in possession of the 248 public data set believes that the public data set will be available on the 249 single web portal. 250 215[0012: Public Information Act Responses. 251 tru Definitions. In this Section, the following words and phrases have the 252 following meanings: 253 County means Montgomery County and includes any Executive Branch 254 department or office and any Legislative Branch [[department or)) 255 office. 256 Legislative Bra.nch office means any office identified in Section lA203 257 (b), the Board ofAppeals. and the Merit System Protection Board. 258 InfOrmation request means ｾ＠request for documents submitted to the 259 County under the Maryland Public Information Act. 260 !.hl The Chief Administrative Officer must identifY in the Open Data 261 Implementation Plan what data elements and a schedule to make 262 available on the web portal for [[each]] information [[request submitted 263 to the County under]] relating to the implementation of the Maryland 264 Public Information Act ｾ＠[[and]] the County [[County's response to 265 that request]]:. 11 BILL No. 23-12 266 {£} The Legislative Branch must post alldaULelements. as identified by the 267 Open Data Implementation Plan. on the same single web portal used by 268 the Executive Branch. 269 [[Except as provided in subsection @1 the web portal must include: 270 ill each information request submitted to the County; 271 ill the date when the County received the information request; 272 ill the status ofthe information request; 273 ill if the information request was not answered within 30 days after 274 the County received.ih the reason for the delay; and 275 ill the final response to the information request.]] 276 [[@ The Chief Administrative Officer must not include on the web portal 277 any electronic mail address, home address, or telephone number ofany 278 individual who submitted ｾ＠responsive document.]] 279 [[W]] @ The Chief Administrative [[Officer]] Officer's report required by 280 Section 2:158 must [[report quarterly to the Council on the Executive 281 Branch's compliance with the Maryland Public Information Act The 282 report must cite the statutory exception that supports each denial or 283 partial denial of an information request]] include an update on 284 implementation of this Section. 285 12 BILL No. 23-12 286 Approved: 287 288 Approved: 289 J-- 290 This is a correct copy o/Council action. 291 ｾＱｮＬ＠ｾ＠;2/7,/re-
Linda M. Lauer, Clerk ofthe Council Date
13