The Montgomery County Council unanimously passed Bill 32-21. The lead sponsor was Council President Tom Hucker who represents District 5, which includes downtown Silver Spring and Takoma Park as well as Northern Silver Spring areas such as Burtonsville. 

Officially called Personnel – Employee Settlement Agreements with No-Rehire Clause – Prohibited. The bill places a ban on preventing rehiring of former employees who have filed a dispute or claim against the County and receives a settlement agreement.

Currently, certain settlement agreements may contain a no-rehire clause that prevents an employee who filed a complaint from seeking employment opportunities with the County and getting rehired. The Council argues that what is essentially an automatic bar on employees who may have acquired several years of experience and essential skills. 

“We are a County that believes in second chances, and this bill offers an opportunity to uphold that value,” said Councilmember Hucker. “This bill changes the current process to give valuable County employees a viable option for future employment under most circumstances.”

“The NAACP thanks the Council for passing this bill,” said Cherri Branson, 3rd Vice President, Montgomery County Branch of the NAACP. “Ensuring former County employees have the opportunity for future employment with the County is a small but impactful change that gives these individuals the opportunity to continue contributing to the County in the future. We appreciated the opportunity to work with Councilmember Hucker on this bill.”

There are some exceptions to the rule. The no-rehire clause can still be included with the authorization of the Chief Administrative Officer or agency head, including if the County and the employee mutually agree to do so, or if the employee was dismissed for cause. An employee can also appeal through the County’s Merit System Protection Board if they disagree with the use of the no-rehire clause.