§ 2-324

Maryland § 2-324

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

Text

(a) This section applies only in Frederick County.

(b) The Sheriff of Frederick County shall receive an annual salary of $125,000.

(c) (1) The Sheriff shall appoint:

(i) Deputies as necessary, at salaries of at least $2,400; and

(ii) Jail wardens as necessary, at salaries of at least $1,320.

(2) (i) The Sheriff may appoint additional temporary deputy sheriffs as the Sheriff considers necessary for the public safety, with the approval of the governing body of the county, by ordinance.

(ii) The governing body, by ordinance, shall allow reasonable compensation for the temporary additional deputy sheriffs.

(iii) The temporary deputies may not serve longer than the occasion requires.

(3) The Sheriff may appoint a chief deputy who shall serve at the pleasure of the Sheriff.

(d) Any deputy sheriff, with the exception of the chief deputy, appointed according to this section:

(1) Shall be placed on a probationary status for at least 18 months of continuous employment; and

(2) May be dismissed by the Sheriff for any reason during the probationary period.

(e) (1) All full–time civilian employees are subject to the county personnel regulations with regard to qualifications for hiring, promotion, compensation and disciplinary action.

(2) All deputy sheriffs, except the chief deputy, are subject to the county personnel regulations with regard to qualifications for hiring, promotion and compensation with regard to matters not covered by the Law Enforcement Officers’ Bill of Rights.

(f) (1) The Sheriff may appoint special deputy sheriffs who are:

(i) Members of the police force of a municipality in the county;

(ii) Selected by the chief of police of the municipality; and

(iii) Verified by the chief of police of the municipality as having achieved at least the minimum level of training for police duties in a municipality as designated by the Maryland Police Training and Standards Commission.

(2) The appointment of special deputy sheriffs under this subsection is subject to the following conditions:

(i) The Sheriff may assign the duties of special deputies;

(ii) The Sheriff may terminate the appointment of the special deputy sheriff at will or on completion of the assignment for which the special deputy was appointed;

(iii) The special deputy sheriff is not an employee of the county for the purpose of employment security or employee benefits; and

(iv) County liability insurance coverage within its terms shall be provided to a special deputy sheriff under this section only when the special deputy is acting within the special deputy’s official duties.

(g) (1) This subsection applies to all full–time deputy sheriffs in the Frederick County Sheriff’s Office at the rank of sergeant and below.

(2) Full–time deputy sheriffs at the rank of sergeant and below may:

(i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

(ii) Select a labor organization as their exclusive representative;

(iii) Engage in collective bargaining with the Sheriff, or the Sheriff’s designee, concerning those wages and benefits not regulated by the Sheriff, through a labor organization certified as their exclusive representative;

(iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits not regulated by the Sheriff; and

(v) Decertify a labor organization as their exclusive representative.

(3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the governing body of the county.

(4) The County Executive of Frederick County, or the County Executive’s designee:

(i) May not be a party to a collective bargaining agreement entered into under this subsection; but

(ii) May attend and participate in all collective bargaining sessions of the parties.

(5) (i) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:

1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the deputy sheriffs at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and

2. The petition is submitted to the Sheriff.

(ii) If the Sheriff does not challenge the validity of the petition within 10 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative.

(iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third party neutral 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 American Arbitration Association and the third party neutral shall be shared equally by the parties.

(6) (i) Following certification of an exclusive representative as provided in paragraph (5) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

(ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request.

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

(ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

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

(iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the deputy sheriffs in the bargaining unit and the Sheriff.

(v) Additional funding, if any, required as a result of the agreement shall be subject to the approval of the governing body of the county.

(8) Nothing in this subsection may be construed as authorizing or otherwise allowing a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.

(h) (1) This subsection applies to all full–time correctional officers in the Sheriff’s Office at the rank of sergeant and below.

(2) Full–time correctional officers at the rank of sergeant and below may:

(i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

(ii) Select a labor organization as their exclusive representative;

(iii) Engage in collective bargaining with the Sheriff, or the Sheriff’s designee, concerning those wages and benefits not regulated by the Sheriff, through a labor organization certified as their exclusive representative;

(iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits not regulated by the Sheriff; and

(v) Decertify a labor organization as their exclusive representative.

(3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the governing body of the county.

(4) The County Executive, or the County Executive’s designee:

(i) May not be a party to a collective bargaining agreement entered into under this subsection; but

(ii) May attend and participate in all collective bargaining sessions of the parties.

(5) (i) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:

1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the correctional officers at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and

2. The petition is submitted to the Sheriff.

(ii) If the Sheriff does not challenge the validity of the petition within 10 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative.

(iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third party neutral 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 American Arbitration Association and the third party neutral shall be shared equally by the parties.

(6) (i) Following certification of an exclusive representative as provided in paragraph (5) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

(ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request to the governing body of the county.

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

(ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

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

(iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the correctional officers in the bargaining unit and the Sheriff.

(v) Additional funding, if any, required as a result of the agreement shall be subject to the approval of the governing body of the county.

(8) Nothing in this subsection may be construed as authorizing or otherwise allowing a correctional officer to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.