§ 2-329. Montgomery County
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: April 25, 2024
Effective: April 25, 2024
MD Code, Courts and Judicial Proceedings, § 2-329
Formerly cited as MD CTS & JUD PRO § 2-309(q)
§ 2-329. Montgomery County
(b) It is the intent of the General Assembly to:
(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.
(d)(1) The Sheriff may appoint two full-time assistant sheriffs and the number of deputies provided in the county budget.
(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.
Collective bargaining agreement for county government employees and employees of Sheriff’s office; Sheriff’s rights and responsibilities
(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.
(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.
(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.
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. 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
(g)(1) Each assistant sheriff whose duty assignment requires the use of a motor vehicle shall:
(h) Deputy sheriffs are not entitled to any additional compensation for rendering services incident to their office.
Credits
Added as Courts and Judicial Proceedings § 2-309(q). Renumbered as Courts and Judicial Proceedings § 2-329 and amended by Acts 2019, c. 196, § 2, eff. Oct. 1, 2019. Amended by Acts 2023, c. 91, § 1, eff. Oct. 1, 2023; Acts 2024, c. 382, § 1, eff. April 25, 2024.
MD Code, Courts and Judicial Proceedings, § 2-329, MD CTS & JUD PRO § 2-329
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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