§ 2-329

Maryland § 2-329

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

Text

(a) This section applies only in Montgomery County.

(b) It is the intent of the General Assembly to:

(1) Protect the right to bargain of the Montgomery County Executive and the Montgomery County Sheriff;

(2) Preserve a single master collective bargaining agreement to the extent that a single exclusive bargaining representative represents multiple units of employees covered under the Montgomery County Collective Bargaining Law; and

(3) Streamline, facilitate, and make more effective the collective bargaining process by ensuring that there shall be a single collective bargaining agreement with both the Montgomery County government and the Montgomery County Sheriff’s Office if a single exclusive bargaining representative represents both county government employees and employees of the Sheriff’s Office.

(c) (1) The Sheriff of Montgomery County shall receive a salary, subject to § 35 of Article III of the Maryland Constitution, and an allowance for expenses, as the County Council of Montgomery County provides in its annual budget.

(2) (i) The County Council shall provide an automobile for the use of the Sheriff and deputy sheriffs for the general public work of the office.

(ii) The expense of operating the automobile shall be paid by the county.

(d) (1) The Sheriff may appoint two full–time assistant sheriffs and the number of deputies provided in the county budget.

(2) The Sheriff shall also appoint the other clerical and administrative employees provided in the county budget, all of whom shall be paid by the county.

(3) (i) With the exception of the assistant sheriffs, all full–time deputy sheriffs of all ranks may, on appointment, be required by the Sheriff to serve a probationary period of 12 months following attainment of sworn status.

(ii) Civilian employees may, on appointment, be required by the Sheriff to serve a probationary period of 6 months.

(iii) The probationary period may be extended by the Sheriff for reasonable cause in accordance with an applicable collective bargaining agreement.

(iv) 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, subject to the county merit system laws and personnel regulations.

(e) (1) (i) The Sheriff shall fix the compensation of, and may discharge, the deputy sheriffs, and other employees appointed, subject to budget limitations, the county merit system law, personnel regulations, or applicable collective bargaining agreement.

(ii) The Sheriff shall fix the compensation of the assistant sheriffs subject to budget limitations.

(2) (i) Except for the assistant sheriffs, personnel appointed by the Sheriff shall be considered for all purposes as county merit system employees and subject to the county merit system law, personnel regulations, and applicable collective bargaining agreement.

(ii) Assistant sheriffs shall serve at the pleasure of the Sheriff and shall meet the qualifications of the Maryland Police Training and Standards Commission standards for law enforcement officers.

(f) (1) Nonprobationary deputy sheriffs below the rank of lieutenant and nonprobationary civilian employees as defined in the Montgomery County Code, § 33–102(4), shall have the right to organize and bargain collectively in accordance with the Montgomery County Code, Chapter 33, Article VII, with regard to compensation, pension for active employees, fringe benefits, hours, and terms and conditions of employment, including performance evaluation procedures.

(2) Employees, other than the assistant sheriffs, are subject to the county merit system law and personnel regulations and may be excluded from those provisions only to the extent that the applicability of those provisions is made the subject of collective bargaining.

(3) (i) As to the employees described in paragraph (1) of this subsection, the County Executive shall be considered the employer of the employees under the Montgomery County Code, Chapter 33, Article VII, only for the purpose of collective bargaining for compensation, pension, fringe benefits, and hours.

(ii) If a single bargaining representative represents both county government employees and employees of the Sheriff’s Office, any and all terms and conditions of employment set forth in any current and subsequent collective bargaining agreement between the county government and the bargaining representative shall be applicable to employees of the Sheriff’s Office unless different terms and conditions of employment are negotiated by the Sheriff in accordance with paragraph (4) of this subsection.

(4) (i) The Sheriff shall be considered the employer for all other purposes and shall be considered the employer under the Montgomery County Code, Chapter 33, Article VII, for all other terms and conditions of employment.

(ii) If a single bargaining representative represents both county government employees and employees of the Sheriff’s Office, the Sheriff shall bargain only over particular matters, not involving compensation, pension, fringe benefits, and hours, applicable to employees of the Sheriff’s Office.

(iii) If the Sheriff and the bargaining representative disagree over whether a matter is applicable to employees of the Sheriff’s Office, the dispute shall be resolved by the Labor Relations Administrator appointed under Chapter 33, Article VII of the Montgomery County Code, following the procedures for the resolution of prohibited practices charges and consistent with the General Assembly’s intent to preserve a single master collective bargaining agreement.

(iv) If the Sheriff and the bargaining representative are unable to reach an agreement during negotiations on matters applicable to employees of the Sheriff’s Office, the procedures for declaring an impasse and submitting a dispute to binding arbitration shall be conducted in accordance with Chapter 33, Article VII of the Montgomery County Code.

(5) There shall be only one collective bargaining agreement covering both county government employees and employees of the Sheriff’s Office and any agreements reached under this paragraph shall be included in an appendix or addendum to the agreement between the county government and the bargaining representative.

(6) Any required funding for the terms of an agreement negotiated by the Sheriff under this subsection is subject to the budget and fiscal policies of the county.

(7) Except as provided in the county merit system law and personnel regulations, the provisions of this subsection and any agreement made under it may not impair the right and responsibility of the Sheriff to:

(i) Determine the overall mission of the Sheriff’s Office and, subject to the budget and fiscal policies of the county, the Sheriff’s Office budget;

(ii) Maintain and improve the efficiency and effectiveness of operations;

(iii) Determine the services to be rendered and the operations to be performed;

(iv) Determine the overall organizational structure, methods, processes, means, and personnel by which operations are to be conducted and the location of facilities;

(v) Direct and supervise employees;

(vi) Hire and select new employees;

(vii) Establish the standards governing promotion of employees, subject to the county merit system law and personnel regulations;

(viii) Relieve employees from duties because of lack of work or funds or under conditions when the employer determines continued work would be inefficient or nonproductive;

(ix) Take actions to carry out the mission of government in situations of emergency;

(x) Transfer, assign, and schedule employees;

(xi) Determine the size and composition of the workforce, subject to the county’s budget and fiscal policies;

(xii) Set the standards of productivity and technology;

(xiii) Establish employee performance standards and evaluate employees;

(xiv) Make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards, subject to the budget and fiscal policies of the county;

(xv) Introduce new or improved technology, research, development, and services;

(xvi) Control and regulate the use of machinery, equipment, and other property and facilities of the Sheriff’s Office;

(xvii) Maintain internal security standards;

(xviii) Create, alter, combine, contract out, or abolish any operation, unit, or other division or service, except that:

1. Contracting out work that will displace employees may not be undertaken by the employer unless 90 days prior to signing the contract, or on another date of notice as agreed to by the parties, written notice has been given to the certified representative and the contracting out of work shall be consistent with any applicable provision of the Montgomery County Code; and

2. Any displacement of bargaining unit members shall be conducted in a manner that is consistent with any applicable provision of the Montgomery County Code and any applicable collective bargaining agreement;

(xix) Suspend, discharge, or otherwise discipline:

1. Sworn employees for cause under Title 3, Subtitle 1 of the Public Safety Article; and

2. Civilian employees, subject to the county merit system law and collective bargaining agreement where applicable, provided that, subject to § 404 of the Montgomery County Charter, any action to suspend, discharge, or otherwise discipline a civilian employee may be subject to the grievance procedure set forth in the collective bargaining agreement; and

(xx) Issue and enforce rules, policies, and regulations necessary to carry out the functions of this paragraph and all other managerial functions that are not inconsistent with law or the terms of the collective bargaining agreement.

(g) (1) Each assistant sheriff whose duty assignment requires the use of a motor vehicle shall:

(i) Be reimbursed in such amounts as shall be set forth in the budget for expenses for traveling, transportation, or use of motor vehicles; or

(ii) Be allowed the use of a publicly owned motor vehicle.

(2) Each deputy sheriff whose duty assignment requires the use of a motor vehicle shall:

(i) Be reimbursed in an amount set forth in an applicable collective bargaining agreement for expenses for traveling, transportation, or use of motor vehicles; or

(ii) Be allowed use of a publicly owned motor vehicle.

(h) Deputy sheriffs are not entitled to any additional compensation for rendering services incident to their office.

(i) The County Council shall levy and collect annual taxes on the assessable property in the county in an amount sufficient to pay the salaries and allowances of the Sheriff and deputy sheriffs.