DISSENTING AND CONCURRING OPINION BY
Judge LEAVITT.In a well reasoned opinion, the majority upholds the trial court’s order enjoining the Montgomery County Commissioners (Commissioners) from enforcing Montgomery County Ordinance No. 09-1 (Ordinance) against employees of the Sheriff and District Attorney of Montgomery County (Row Officers) because these employees are beyond the reach of the Commissioners. Indeed, the Commissioners concede that the Row Officers have exclusive power to appoint, remove, and supervise their employees and that the Commissioners are powerless to enforce their Ordinance against the Row Officers’ employees. However, the majority affirms the injunction only as to Section 1 of the Ordinance, and it remands for further proceedings on Sections 2, 4 and 5, which also purport to apply to the employees of the Row Officers.1 I would affirm the injunction in its entirety.
The majority’s logic that the Commissioners have no authority to pass an ordinance they cannot enforce applies with equal force to all sections of the Ordinance. A remand to consider the other sections of the Ordinance that purport to apply to employees of Row Officers is an exercise in futility.2
The trial court declared the Ordinance invalid as it purported to govern the conduct of employees of the Row Officers. The trial court’s injunction was narrowly tailored to protect the prerogatives of the Row Officers, and I would affirm the order in its entirety.
Accordingly, I concur in part and dissent in part to the majority’s decision.
. The remaining sections of the Ordinance that are applicable to the employees of the Row Officers and are to be considered on remand are as follows: Section 2 requires employees to provide a copy of their financial disclosure statements, if any, to the County; Section 4 prohibits employees from using County supplies and equipment for political activity; and Section 5 requires employees to use competitive bidding in the purchase of goods and services.
. The majority believes it is unclear as to whether the other sections of the Ordinance were challenged by the Row Officers. However, the Sheriff's complaint requested a finding that the entire Ordinance was unenforceable as to the employees of the Sheriff's Department and that the County be enjoined from enforcing it. Reproduced Record at 9a (R.R.-). The District Attorney’s complaint also requested a judgment that the Ordinance be declared null and void as it purports to apply to her employees. R.R. 46a.