§ 2-330

Maryland § 2-330

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 2

Text

(a) This section applies only in Prince George’s County.

(b) (1) The Sheriff of Prince George’s County shall receive:

(i) An annual salary of $132,734 for calendar year 2013; and

(ii) For calendar year 2014 and each subsequent calendar year, an annual salary equal to the salary of a circuit court judge.

(2) The Sheriff shall:

(i) Be provided with an automobile during the term as Sheriff for the use and work of the Sheriff’s Office, with adequate maintenance and insurance for the automobile to be at the cost of the county; and

(ii) Receive not more than $5,000 per year for expenses incurred in performing the duties of Sheriff, including training and education, an accounting of which shall be submitted to the County Director of Finance for approval.

(c) (1) (i) The Sheriff shall be provided with five full–time assistant sheriffs.

(ii) The assistant sheriffs shall be selected and appointed by the Sheriff and serve at the Sheriff’s pleasure.

(iii) One of the assistant sheriffs shall be appointed as the chief assistant sheriff.

(iv) The assistant sheriffs shall be considered line officers, if so designated by the Sheriff.

(2) Each assistant sheriff shall be provided with:

(i) An automobile for the duration of the assistant sheriff’s appointment, for the use and work of the Sheriff’s Office, with adequate maintenance and insurance of the automobile to be at the expense of the county; and

(ii) An expense allowance of not more than $2,500 annually, an accounting of which shall be submitted to the County Director of Finance for approval.

(3) Each assistant sheriff may participate in the supplemental retirement program provided to deputy sheriffs by the county.

(4) The assistant sheriffs shall devote their full time and attention to the Sheriff’s Office.

(5) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, the chief assistant sheriff shall receive an annual salary of $71,091.

2. The salary of a commissioned deputy sheriff appointed to the position of chief assistant sheriff shall be provided for by the Sheriff in the budget of the county.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the assistant sheriffs shall receive an annual salary of $69,888.

2. The salary of commissioned deputy sheriffs serving as assistant sheriffs shall be provided for by the Sheriff in the budget of the county.

(d) (1) The Sheriff and the assistant sheriffs shall be provided with an annual clothing allowance equal to that which is provided to deputy sheriffs of all ranks for the procurement, care, and upkeep of clothing and leather goods, and administered for that purpose.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the Sheriff, chief assistant sheriff, and assistant sheriffs shall receive each benefit, other than salary increases, that is negotiated for the deputy sheriffs by the Fraternal Order of Police and granted to the management team of the Sheriff’s Office.

(ii) Any additional or increased benefit does not apply to the incumbent Sheriff, but shall take effect at the beginning of the next following term of office.

(e) (1) (i) In addition to the assistant sheriffs, the Sheriff shall be provided with the number of full–time employees, including civilian employees and commissioned deputy sheriffs, as is deemed necessary and appropriate to carry out the duties and discharge of the Sheriff’s Office.

(ii) The cost and expense of the positions of the full–time employees, including the salaries, shall be provided for in the budget of the county.

(2) (i) All full–time civilian employees shall be subject to the county personnel law.

(ii) Civilian employees shall:

1. Have the right to organize and bargain collectively; and

2. Be subject to the Prince George’s County Labor Code with regard to collective bargaining for compensation, including pension and fringe benefits, hours, and terms and conditions of employment.

(iii) The County Executive of Prince George’s County shall be considered the employer of the civilian employees only for the purpose of collective bargaining for compensation, including pension and fringe benefits, and hours.

(iv) 1. Subject to the provisions of subsubparagraph 2 of this subparagraph, the Sheriff shall be considered the employer for purposes of collective bargaining for other terms and conditions of employment.

2. Any required funding for a collective bargaining agreement negotiated by the Sheriff shall be subject to the approval of the County Executive.

(f) (1) Except for the assistant sheriffs, all full–time deputy sheriffs of all ranks, provided for the Sheriff in the budget of the county, may be required by the Sheriff to serve a probationary period of 12 months on commencement of any position in the Sheriff’s department.

(2) The probationary period may be extended by the Sheriff for reasonable cause.

(3) During the probationary period, the determination of the employee’s qualifications and ability to serve in the position of a permanent, nonprobationary employee shall be within the exclusive discretion of the Sheriff.

(4) All probationary commissioned deputy sheriffs shall be required to complete the minimum number of hours as mandated for other law enforcement agencies, as set by the Maryland Police Training and Standards Commission.

(g) (1) Except for the assistant sheriffs, all commissioned full–time employees, including deputy sheriffs of all ranks and court security officers, that are provided for by the Sheriff in the budget of the county, shall be subject to the county personnel law.

(2) All nonprobationary commissioned full–time employees, including deputy sheriffs of all ranks, are subject to Title 3, Subtitle 1 of the Public Safety Article.

(3) (i) All commissioned full–time employees, including deputy sheriffs of all ranks and court security officers, are also subject to the Labor Code of the county with regard to collective bargaining for compensation, including pension and other fringe benefits, hours, and terms and conditions of employment.

(ii) The County Executive shall be considered the employer of the deputy sheriffs and court security officers only for the purpose of collective bargaining for compensation, including pension and fringe benefits, and hours.

(iii) 1. Subject to the provisions of subsubparagraph 2 of this subparagraph, the Sheriff shall be considered the employer for purposes of collective bargaining for other terms and conditions of employment.

2. Any required funding for a collective bargaining agreement negotiated by the Sheriff shall be subject to the approval of the County Executive.

(h) (1) The Sheriff and the deputy sheriffs shall be limited in their duties as law enforcement officers, as follows:

(i) The full power of arrest;

(ii) The service of process of all writs, summonses, orders, petitions, subpoenas, warrants, rules to show cause, and all other legal papers;

(iii) The care and supervision of prisoners at any of the county detention centers, hospitals, penal institutions, or other places of confinement;

(iv) The security of all State and county courts and the performance of such duties as may be required of them by the courts;

(v) The transportation of all legally detained persons;

(vi) The administration and enforcement of casino night permits as authorized by the governing body of the county; and

(vii) As of October 1, 2007, specific duties as authorized by the county governing body, including:

1. Responding to domestic violence calls;

2. Acting as school resource deputies in county schools; and

3. Providing security for county public school sporting events and extracurricular activities that are held in the county, sponsored by a public school, and open to the public.

(2) (i) The duties authorized in paragraph (1)(vii) of this subsection shall be enumerated in a memorandum of understanding entered into by the Prince George’s County Police Department and the Office of the Sheriff of Prince George’s County.

(ii) The memorandum of understanding:

1. May be revised only by the county governing body; and

2. Is in effect from the date it is signed by both parties, but not before October 1, 2007.

(i) (1) Except as provided in paragraph (2) of this subsection, neither the Sheriff nor any deputy sheriff may conduct criminal investigations.

(2) The Sheriff or a deputy sheriff may conduct criminal investigations:

(i) In matters concerning the Sheriff’s department;

(ii) On request of the courts;

(iii) As necessary for the administration and enforcement of casino night permits as authorized by the county governing body; and

(iv) In investigations arising out of or incident to normally assigned duties, including those duties authorized by the county governing body under subsection (h)(1)(vii) of this section.

(3) When the Sheriff or a deputy sheriff has commenced an investigation under paragraph (2)(iv) of this subsection, the Sheriff or deputy sheriff shall:

(i) Immediately notify the appropriate law enforcement agency that has jurisdiction over the matter; and

(ii) Transfer the investigation to an appropriate law enforcement agency that has jurisdiction over the matter on request of the agency.