§ 15-416

Maryland § 15-416

• Jurisdiction: Maryland
• Article gcp: Criminal Procedure
• Title: 15

Text

(a) This section applies only in Montgomery County.

(b) (1) The County Council shall set the salary of the State’s Attorney.

(2) Subject to approval by the County Council, the State’s Attorney is entitled a reasonable expense allowance for the operation of the office and performance of the duties of the State’s Attorney.

(c) (1) The State’s Attorney may appoint two deputy State’s Attorneys and the number of assistant State’s Attorneys that the County Council approves.

(2) Each deputy and assistant State’s Attorney is:

(i) subject to the exclusive control of the State’s Attorney; and

(ii) entitled to the same benefits as a county employee under the merit system.

(3) The deputy and assistant State’s Attorneys:

(i) shall perform the work directed by the State’s Attorney or authorized by law; and

(ii) under the direction of the State’s Attorney, may present cases to the grand jury, sign indictments and criminal informations, and perform other necessary duties relating to the grand jury and the operation of the office.

(4) (i) In addition to the assistant State’s Attorneys appointed in accordance with paragraph (1) of this subsection, the State’s Attorney may file a petition in circuit court for authority to appoint additional assistant State’s Attorneys.

(ii) The State’s Attorney shall:

1. include the reasons for the appointment in the petition; and

2. deliver notice of the petition to the County Executive and County Council.

(iii) The County Executive and County Council may file a response to each petition.

(iv) The county shall pay the salary and expenses of an assistant State’s Attorney appointed under this paragraph.

(d) (1) The State’s Attorney may appoint the number of special investigators approved by the County Council.

(2) (i) In addition to the special investigators appointed in accordance with paragraph (1) of this subsection, the State’s Attorney may file a petition in circuit court for authority to appoint additional special investigators.

(ii) The State’s Attorney shall:

1. include the reasons for the appointment in the petition; and

2. deliver notice of the petition to the County Executive and County Council.

(iii) The County Executive and County Council may file a response to each petition.

(3) The county shall pay the salary and expenses of a special investigator appointed under this subsection.

(4) A special investigator appointed under this subsection:

(i) is directly under the supervision of the State’s Attorney; and

(ii) shall perform each duty designated by the State’s Attorney.

(5) A special investigator appointed under this subsection is:

(i) subject to the exclusive control of the State’s Attorney; and

(ii) entitled to the same benefits as a county employee under the merit system.

(e) (1) The State’s Attorney may appoint the number of administrative assistants, clerks, administrative aides, paralegal interns, and other staff that the County Council approves.

(2) The employees appointed under this subsection are:

(i) subject to the exclusive control of the State’s Attorney; and

(ii) entitled to the same benefits as county employees under the merit system.

(f) (1) The State’s Attorney, deputy State’s Attorneys, and assistant State’s Attorneys shall serve full time and may not engage in the private practice of law.

(2) A special investigator shall serve full time and may not engage in other employment.

(g) (1) It is the intent of the General Assembly to:

(i) protect the right of the Montgomery County Executive and the State’s Attorney to bargain;

(ii) 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

(iii) streamline, facilitate, and make more effective the collective bargaining process by ensuring that there is a single collective bargaining agreement with both the Montgomery County government and the State’s Attorney if a single exclusive bargaining representative represents both county government employees and employees of the State’s Attorney.

(2) Nonprobationary employees of the Office of the State’s Attorney, including nonsupervisory Assistant State’s Attorneys, 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 other terms and conditions of employment, including performance evaluation procedures.

(3) Employees of the Office of the State’s Attorney, including nonsupervisory Assistant State’s Attorneys:

(i) are subject to the county merit system law and personnel regulations; and

(ii) may be excluded from those provisions only to the extent that the applicability of those provisions is made the subject of collective bargaining.

(4) (i) As to the employees described in paragraph (2) 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 exclusive representative represents both county government employees and employees of the Office of the State’s Attorney, the terms and conditions of employment of any current and subsequent collective bargaining agreement between the county government and the exclusive bargaining representative are applicable to employees of the Office of the State’s Attorney unless different terms and conditions of employment are negotiated by the State’s Attorney in accordance with paragraph (5) of this subsection.

(5) (i) The State’s Attorney 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 exclusive bargaining representative represents both county government employees and employees of the Office of the State’s Attorney, the State’s Attorney shall bargain only over particular matters, not involving compensation, pension, fringe benefits, and hours, applicable to employees of the Office of the State’s Attorney.

(iii) If the State’s Attorney and the exclusive bargaining representative disagree over whether a matter is applicable to employees of the Office of the State’s Attorney, the dispute shall be resolved by the Labor Relations Administrator appointed under the Montgomery County Code, Chapter 33, Article VII, 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 State’s Attorney and the exclusive bargaining representative are unable to reach an agreement during negotiations on matters applicable to employees of the Office of the State’s Attorney, the procedures for declaring an impasse and submitting a dispute to binding arbitration shall be conducted in accordance with the Montgomery County Code, Chapter 33, Article VII.

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

(7) Any required funding for the terms of an agreement negotiated by the State’s Attorney under this subsection is subject to the budget and fiscal policies of the county.

(8) 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 State’s Attorney to:

(i) determine the overall mission of the Office of the State’s Attorney and, subject to the budget and fiscal policies of the county, the Office of the State’s Attorney’s 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;

(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 Office of the State’s Attorney;

(xvii) maintain internal security standards;

(xviii) subject to paragraph (9) of this subsection, create, alter, combine, contract out, or abolish any operation, unit, or other division or service;

(xix) subject to paragraph (10) of this subsection, suspend, discharge, or otherwise discipline employees for just cause subject to the county merit system law and collective bargaining agreement where applicable; and

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

(9) (i) If contracting out work will displace employees, the State’s Attorney may not enter into the contract unless 90 days before signing the contract, or on another date of notice as agreed to by the parties, written notice has been given to the exclusive bargaining representative and the contract is consistent with any applicable provision of the Montgomery County Code.

(ii) 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.

(10) 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 established in the collective bargaining agreement.