ADMINISTRATIVE HISTORY

The County Attorney is the chief legal officer of the County and as such is responsible for providing support to County officials and departments by conducting all County legal proceedings, providing legal advice, reviewing County contracts and land purchase negotiations, and representing the County in litigation. The Montgomery County Charter of 1948 also designated the County Attorney to serve without additional compensation as the Secretary of the County Council while it was in legislative session and as its legislative draftsman, legal advisor, and keeper of its journal. He was appointed and removed by the Council, and was responsible for the administration of his office. The first County Attorney appointed by the new Council was David MacDonald.

The revised County Charter of 1968 transferred the power to appoint the County Attorney to the County Executive, subject to confirmation by the Council. The County Attorney continued to serve as the chief legal officer of the County; to conduct all the legal business of the County; to provide legal advice to the Council, the County Executive and all departments or other bodies of the County government; and to represent the County in all actions to which it is party.

The first County Executive, James P. Gleason, was elected in 1970, and appointed Richard McKernon as County Attorney.

PROCESSING PROCEDURES

General processing procedures consisted of discarding duplicates, unnecessary binders, and routine transmittals. Oversized documents and photographs were removed from the original location in their assigned series and placed in separate containers. Separation sheets were inserted in the original location within the folder to indicate the new location of any records placed elsewhere.

Preservation copying of newspaper clippings was performed whenever feasible. Records in folders were arranged, unless otherwise indicated, in forward chronological order, with undated records appearing at the end of the folder.

PROVENANCE

Not applicable.

SCOPE AND CONTENT NOTE

The records of the County Attorney comprise 5.4 cubic feet of material ranging from 1949 to 1983. The records include contracts, correspondence, hearing transcripts, memoranda, and legal briefs and opinions. These materials are arranged into three series:

Series I: Richard McKernon

Subseries 1: Public Hearing Files

Subseries 2: Subject Files

Series II: Appeals

Series III: Opinions.

Series IV: Monthly Reports

SERIES DESCRIPTIONS

Series I: Richard McKernon, 1965-1979 (2.3 cu.ft.)

Records in this series range from 1965 to 1979, with bulk dates of 1971 to 1978. They consist of the subject files of County Attorney Richard McKernon, who was appointed by County Executive James P. Gleason in 1971 under the revised County charter.

These records were kept by the County Attorney to support the reference needs of Assistant Chief Administrative Officers Robert Passmore and Lewis T. Roberts. The records deal mainly with the acquisition or sale of land by the County and also provide a reading file of the activities and concerns of various government departments as they sought legal advice or rulings from the County Attorney's office. Often concerning minor legal questions, the materials consist of contracts, correspondence, hearing transcripts, and memoranda.

The files are arranged into two subseries, public hearing and subject files.

Subseries 1: Public Hearing Files, 1965-1979 (1.67 cu.ft.)

Records in this subseries include correspondence, memoranda, reports, transcripts, legal material and executive orders generated during or for public hearings conducted on such subjects as land acquisitions, school closings, and urban renewal.

Arrangement is alphabetical.

Subseries 2: Subject Files, 1971-1979 (0.67 cu.ft.)

This series consists of subject files maintained on a wide range of topics or County departments and dealing with matters requiring legal advice or representation. The records are arranged in alphabetical order.

Series II: Appeals, 1983 (2 folders)

This series contains the appellants' brief and record extract in the case of Montgomery County vs. Atlantic Guns, Inc.

Series III: Opinions, 1949-1980 (3 cu.ft.)

Most of these records consist of bound volumes containing the opinions delivered by the Montgomery County Attorney's office for the years 1949 to 1980. The records also include cumulative indices for the years 1955 to 1971 and 1972 to 1975. There are separate indices for the years 1972 to 1980.

This series is arranged in chronological order.

Series IV: Monthly Reports, 1997-1998 (3 folders)

This series consists of Monthly Reports generated by the office of the County Attorney from July 1998 through November 1998 and including February 1997, November 1997, and March 1998.

This series is arranged chronologically.

Series I: Richard McKernon

Subseries 1: Public Hearing Files

Box 1

Acquisition of Building at 2350 Research Boulevard, 1977

Acquisition of Land for COB/Courthouse Complex, 1965-1975

Acquisition of Land for County Medical Center, 1973-1974

Acquisition of Land for Public Park and Recreation Facility, 1974-1975

Acquisition of Longwood School Property, 1974

Acquisition of Property for Drug Rehabilitation Center, 1973-1974

Acquisition of Property for Great Seneca Extension SVP, 1974

Acquisition of Site for Emergency Juvenile Shelter, 1974-1975

Acquisition of Site for Wheaton Community Center, 1973

Alta Vista Elementary School, 1975-1976

Aspen Hill Fire Station Proposed Acquisition, 1974-1975

Avery Road, 1978

Bethesda Land Swap, 1975-1977

Burnt Mills Elementary School, 1976-1977

Bushey Drive Elementary School, 1976

Corby Mansion, 1974-1978

County Service Park, 1973

Disposition of Colesville Junior High School Site, 1977

East Silver Spring Library, 1973 (2 folders)

Edgmoor, Hampden, and Moorhead Lanes, 1975-1977

Fernwood Elementary School, 1976-1977

Garfield Avenue Improvements, 1976

Goshen Branch Stream Valley Park, 1977

Grove Street, 1977

Hearing Jacket-Stewart Avenue, Perkins Place and Talbot Avenue, 1975-1977

Kensington Park Library-Parking Lot Extension, 1974

Liquor Warehouse, 1972-1973

MacDonald Knolls Elementary, 1976

Metro Grove Road, 1972

Mobile Homes on Scattered Sites, 1977-1978 (2 folders)

Montgomery Hills Junior High, 1975-1976

Mr. Passmore (primarily Lincoln Avenue), 1973

Muncaster Outdoor Pool, 1976

Box 2

New County Office Building, New Courthouse, Site Improvements and Parking, 1975

Non-Local Parkland Acquisition, 1976

Norwood High School Site, 1975-1977

Olney Library Site Selection, 1977

Parkside Elementary Lower Building, 1977

Performing Arts/Civic Center Feasibility Study, 1976

Pre-Release Center, Site Selection Hearing, 1975 (2 folders)

Proposed Rent Control Regulations, 1976

Reuse of Old Bethesda Library, 1976

Rosemary-Summit/Broadmoor Greenspace, 1977

Site Acquisition, Baur Drive and Route 28, 1973

Site Selection for Colesville Maintenance Depot, 1978-1979

Site Selection, Colesville/White Oak Recreation Swim Center, 1975-1976

Site Selection for New Gaithersburg Fire Station, 1973-1974

Site Selection for New Police and Fire Facility, GTN, 1975-1976

Site Selection for North Gaithersburg Library, 1973-1976

Site Selection - New Animal Shelter, 1973

Site 30, 1975-1976

Summit Hill - Outdoor Basketball Facilities, 1975-1976

Watts Branch Group Shelter Home, 1974-1975

Western Suburban Library - Land Acquisition, 1974

White Flint School Site, 1976-1977

1978-79 Budget - Citizen Briefing, 1978

Subseries 2: Subject Files

Alcoholic Beverage Advisory Board, 1977-1978

Animal Matters Hearing Board, 1974-1975

Cabin John F.D., 1978

CAO Correspondence, 1971-1979

Communications Division, 1976-1977

Corrections (77-79), 1977-1979

County Attorney (75-78), 1975-1978

Department of Environmental Protection, 1976-1979

Department of Facilities and Services, 1977-1979

Department of Family Resources, 1976-1978

Department of Fire and Rescue, 1977-1979

Department of Liquor Control, 1976

Department of Social Services, 1977-1979

Department of Transportation, 1975-1977 (2 folders)

Finance, 1976-1978

Box 3

Health Department, 1976-1979

Leasing of Office and Parking Space, 1977

Management and Public Policy, 1976-1979

Martin Marietta, 1974

Office of Legislative Oversight, 1977-1978

Office of Programs and Capital Planning, 1976-1979

Parking Issues, 1976-1978

Passmore (71-78), 1971-1975

Personnel, 1976-1977

Police, 1971-1978

Purchasing, 1976-1979

Recreation, 1976-1979

Relocation of Police HQ, Department of Facilities and Services, 1976-1977

Reorganization Plans I and II, 1971-1973

Seven Locks, 1978-1979

Sheriffs Office, 1973-1975

Spay/Neuter Clinic (76-78), 1975-1978

Series II: Appeals

Box 1

Montgomery County, MD vs. Atlantic Guns; Brief of Appellants, 1983

Montgomery County, MD vs. Atlantic Guns; Record Extract, 1983

Series III: Opinions

Box 1

County Attorney Opinions, 1949-1965 (9 volumes)

Box 2

County Attorney Opinions, 1966-1972 (8 volumes)

County Attorney Opinions, Index, 1955-1971

Box 3

County Attorney Opinions, 1973-1975 (6 volumes)

County Attorney Opinions, Cumulative Index, 1972-1975

County Attorney Opinions, 1976 (2 folders)

County Attorney Opinions, Index, 1976

County Attorney Opinions, 1977

County Attorney Opinions, Index, 1977

County Attorney Opinions, 1978

County Attorney Opinions, Index, 1978

County Attorney Opinions, 1979-1980 (2 volumes)

Series IV: Monthly Reports

Box 4

Monthly Reports, February, November 1997, March 1998

Monthly Reports, June- August 1998

Monthly Reports, September- October 1998