§ 2-321

Maryland § 2-321

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

Text

(a) This section applies only in Cecil County.

(b) (1) The Sheriff of Cecil County shall receive an annual salary of:

(i) $71,500 for fiscal year 2015;

(ii) $75,075 for fiscal year 2016;

(iii) $77,350 for fiscal year 2017;

(iv) $79,675 for fiscal year 2018;

(v) Except as provided in item (vi) of this paragraph, $82,075 for fiscal year 2019; and

(vi) For each term of office beginning with the term that begins in fiscal year 2019, not less than $100,000, as determined by the County Council of Cecil County.

(2) In addition, the Sheriff shall receive the benefits and reimbursements for reasonable expenses in the performance of duties as provided in the county budget or by law, including, where appropriate:

(i) Reimbursements under the Standard State Travel Regulations; and

(ii) Participation in the health care plan that is negotiated for county employees.

(c) (1) The Sheriff shall appoint:

(i) A chief deputy sheriff;

(ii) A community corrections director;

(iii) A detention center director;

(iv) A detention center deputy director;

(v) A law enforcement director;

(vi) Law enforcement personnel; and

(vii) A personal secretary to the Sheriff.

(2) The Sheriff may remove the chief deputy sheriff, community corrections director, detention center director, detention center deputy director, law enforcement director, and personal secretary to the Sheriff at any time whether or not for cause.

(3) The Sheriff shall appoint full–time or part–time employees, as provided in the county budget, to perform the duties of the Sheriff’s Office, including:

(i) Deputy sheriffs to perform law enforcement functions;

(ii) Deputy sheriffs to perform correctional functions;

(iii) Clerical and other civilian employees;

(iv) A director of the detention center; and

(v) A community corrections director.

(d) (1) Except for the chief deputy sheriff, each employee of the Sheriff’s Office shall serve a probationary period of 18 months.

(2) The Sheriff may extend the probationary period required under paragraph (1) of this subsection for cause.

(3) During the probationary period of an employee in the Sheriff’s Office:

(i) The employee shall satisfactorily complete any certification or training program specified by the Sheriff; and

(ii) The determination of an employee’s qualifications and ability to serve in the position of a permanent non–probationary employee shall be within the sole discretion of the Sheriff.

(e) (1) Except for the chief deputy sheriff, community corrections director, detention center director, detention center deputy director, law enforcement director, law enforcement personnel, and personal secretary to the Sheriff, all employees of the Sheriff’s department:

(i) Shall be governed by the rank, salary, and benefit structures of the county personnel policy; and

(ii) Except as provided in paragraph (2) of this subsection, on completion of the probationary period, shall be subject to the county personnel regulations and policies in all matters.

(2) Law enforcement officers and correctional officers of the Sheriff’s Office may be terminated only for just cause.

(3) Nothing in this section shall affect the rights and protections accorded an employee under any other provision of law.

(f) The county shall pay the cost of all necessary expenses incurred by the Sheriff and the Sheriff’s staff.

(g) The Sheriff shall have the authority to formulate and administer a plan that includes the method of supervision to use incarcerated individuals the Sheriff deems eligible and selects to perform, under the supervision of State, county, or municipal employees, tasks the Sheriff assigns within the county or any incorporated municipality within the county.

(h) (1) (i) Except as provided in subparagraph (ii) of this paragraph, this subsection applies only to all full–time sworn law enforcement deputy sheriffs in the Office of the Sheriff of Cecil County at the rank of captain and below and to all full–time sworn correctional deputy sheriffs in the Office of the Sheriff of Cecil County at the rank of lieutenant and below.

(ii) This subsection does not apply to the chief deputy sheriff, community corrections director, detention center director, detention center deputy director, or law enforcement director in the Office of the Sheriff of Cecil County.

(2) (i) A full–time sworn law enforcement deputy sheriff at the rank of captain and below may:

1. Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

2. Select a labor organization as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection;

3. Engage in collective bargaining with the Sheriff and the County Executive of Cecil County, or the designee of the Sheriff and the County Executive, concerning wages, benefits, and any working conditions that are not included in paragraph (5)(iv)1 of this subsection through a labor organization certified as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection;

4. Subject to item 2 of this subparagraph, enter into a collective bargaining agreement, through the exclusive representative of the deputy sheriffs subject to this subsection, covering the wages, benefits, and other working conditions of the law enforcement deputy sheriffs subject to this subsection, to the extent that the agreement does not impair the rights of the Sheriff set forth in paragraph (5)(iv) of this subsection; and

5. Decertify a labor organization as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection.

(ii) A full–time sworn correctional deputy sheriff at the rank of lieutenant and below may:

1. Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

2. Select a labor organization as the exclusive representative of the correctional deputy sheriffs subject to this paragraph;

3. Engage in collective bargaining with the Sheriff and the County Executive of Cecil County, or the designee of the Sheriff and the County Executive, concerning wages, benefits, and any working conditions that are not included in paragraph (5)(iv)1 of this subsection through a labor organization certified as the exclusive representative of the correctional deputy sheriffs subject to this paragraph;

4. Subject to item 2 of this subparagraph, enter into a collective bargaining agreement, through the exclusive representative of the correctional deputy sheriffs subject to this paragraph, covering the wages, benefits, and other working conditions of the correctional deputy sheriffs subject to this paragraph, to the extent that the agreement does not impair the rights of the Sheriff set forth in paragraph (5)(iv)1 of this subsection; and

5. Decertify a labor organization as the exclusive representative of the correctional deputy sheriffs subject to this paragraph.

(3) (i) 1. A labor organization seeking certification as an exclusive representative of the sworn law enforcement deputy sheriffs must submit a petition to the Sheriff and the County Executive that is signed by more than 50% of the sworn law enforcement deputy sheriffs at the rank of captain and below indicating the desire of the deputy sheriffs subject to this subsection to be represented exclusively by the labor organization for the purpose of collective bargaining.

2. A labor organization seeking certification as an exclusive representative of the correctional deputy sheriffs must submit a petition to the Sheriff and the County Executive that is signed by more than 50% of the sworn correctional deputy sheriffs at the rank of lieutenant and below indicating the desire of the correctional deputy sheriffs subject to this subsection to be represented exclusively by the labor organization for the purpose of collective bargaining.

(ii) If the Sheriff and the County Executive do not challenge the validity of the petition within 20 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative.

(iii) If the Sheriff or the County Executive challenge the validity of the petition, the American Arbitration Association shall appoint a neutral third party to conduct an election and to certify whether the labor organization has been selected as the exclusive representative by a majority of the votes cast in the election.

(iv) The costs associated with the appointment of a neutral third party shall be shared equally by the parties.

(v) 1. A labor organization shall be deemed decertified if a petition is submitted to the Sheriff and the County Executive that is signed by more than 50% of the full–time sworn law enforcement deputy sheriffs at the rank of captain and below indicating the desire of the law enforcement deputy sheriffs to decertify the labor organization as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection.

2. A labor organization shall be deemed decertified if a petition is submitted to the Sheriff and the County Executive that is signed by more than 50% of the full–time sworn correctional deputy sheriffs at the rank of lieutenant and below indicating the desire of the correctional deputy sheriffs to decertify the labor organization as the exclusive representative of the correctional deputy sheriffs subject to this subsection.

(4) (i) Following certification of an exclusive representative as provided in paragraph (3) of this subsection, the certified labor organization and the Sheriff and the County Executive shall meet at reasonable times and engage in collective bargaining in good faith.

(ii) The certified labor organization, the Sheriff, and the County Executive shall make every reasonable effort to conclude negotiations on or before February 15 of the year in which a collective bargaining agreement is to take effect to allow for inclusion by the Sheriff of matters agreed on in its budget request to the County Council.

(iii) 1. If the certified labor organization and the Sheriff and the County Executive are unable to reach an agreement before the date set forth in subparagraph (ii) of this paragraph, either the certified labor organization or the Sheriff and the County Executive may seek nonbinding mediation through the Federal Mediation and Conciliation Service.

2. A party seeking nonbinding mediation under subsubparagraph 1 of this subparagraph shall give written notice to the other party and to the Federal Mediation and Conciliation Service at least 15 days prior to the start of the first mediation meeting.

3. The costs associated with the mediator or mediation process shall be shared equally by the parties.

4. The certified labor organization, the Sheriff, and the County Executive shall engage in nonbinding mediation for at least 30 days unless they mutually agree in writing to termination or extension of the mediation or reach an agreement.

5. The contents of the mediation proceedings may not be disclosed by any of the parties or the mediator.

(iv) The County Council shall enact a local ordinance that allows for nonbinding arbitration if the certified labor organization, the Sheriff, and the County Executive are unable to reach an agreement through mediation under subparagraph (iii) of this paragraph.

(5) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

(ii) A collective bargaining agreement may contain a grievance procedure providing for binding arbitration of grievances in reference to a labor contract, including grievances related to interpretation or breach of contract.

(iii) A collective bargaining agreement reached in accordance with this subsection shall be in writing and signed by the certified representatives of the parties involved in the collective bargaining negotiations.

(iv) Except as provided in the code and regulations of the county, the provisions of this paragraph and any agreement made under it may not impair the right and the responsibility of the Sheriff to:

1. Determine the mission, budget, organization, numbers, types, classes, grades, and ranks of deputy sheriffs assigned, the services to be rendered, operations to be performed, and the technology to be used;

2. Set the standards of service and exercise control over operations, including the rights to determine work shifts and the number of deputy sheriffs on each shift;

3. Assign and retain deputy sheriffs in positions within the office;

4. Determine and set work projects, tours of duty, schedules, assignments, and methods, means, and personnel by which operations are conducted;

5. Determine and set technology needs, internal security practices, equipment, and the location of facilities;

6. Maintain and improve the efficiency and effectiveness of operations;

7. Hire, direct, supervise, promote, demote, discipline, assign, and with reasonable cause discharge full–time sworn law enforcement deputy sheriffs, with the exception that the promotional process for law enforcement deputy sheriffs up to the rank of captain and the number and composition of trial boards for the discipline process for law enforcement deputy sheriffs at the rank of captain and below are subject to collective bargaining;

8. Hire, direct, supervise, promote, demote, discipline, assign, and with reasonable cause discharge full–time sworn correctional deputy sheriffs, with the exception that the promotional process for correctional deputy sheriffs up to the rank of lieutenant and the number and composition of trial boards for the discipline process for deputy sheriffs at the rank of lieutenant and below are subject to collective bargaining;

9. Determine and set the qualifications of deputy sheriffs for appointment and promotions; and

10. Determine and set the standards of conduct, and with consultation and input from the certified labor organization, adopt rules, orders, policies, regulations, and procedures on mutually agreed on subjects.

(v) A collective bargaining agreement is not effective until it is ratified by the majority of votes cast by the deputy sheriffs in the bargaining unit and approved by the Sheriff, the County Executive, and the County Council.

(6) Nothing in this subsection may be construed to:

(i) Authorize or otherwise allow a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article; and

(ii) Authorize the collection of mandatory membership fees from nonmembers of the employee organization.