§ 2-321. Cecil County
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Courts and Judicial Proceedings, § 2-321
Formerly cited as MD CTS & JUD PRO § 2-309(i)
§ 2-321. Cecil County
(b)(1) The Sheriff of Cecil County shall receive an annual salary of:
(c)(1) The Sheriff shall appoint:
(d)(1) Except for the chief deputy sheriff, each employee of the Sheriff's Office shall serve a probationary period of 18 months.
Employees governed by rank, salary, and benefit structures of county; subject to county personnel regulations and policies
(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:
(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 inmates 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.
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
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
(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.
(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.
(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.
(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.
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;
Credits
Added as Courts and Judicial Proceedings § 2-309(i). Amended by Acts 2019, c. 7, § 1, eff. March 27, 2019. Renumbered as Courts and Judicial Proceedings § 2-321 and amended by Acts 2019, c. 196, § 2, eff. Oct. 1, 2019. Amended by Acts 2019, c. 172, § 2, eff. Oct. 1, 2019; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
MD Code, Courts and Judicial Proceedings, § 2-321, MD CTS & JUD PRO § 2-321
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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