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<baltimore-city-law heading="Subtitle 7 – City Officers and Employees">
  <section prefix="§" num="7-1" heading="Extra compensation; in-term raises.">
    <para num="(a)" heading="Prohibited payments.">
      <para num="(1)">No extra compensation shall be granted or allowed by the Mayor and City Council to any officer, agent, or servant of the corporation, or of any other corporation the expenses of which are borne in whole or in part by the City, after the services have been rendered.</para>
      <para num="(2)">Nor shall the salary or compensation of any of said officers, agents, or servants be increased or diminished during the term for which they may be or may have been elected, appointed, or employed.</para>
    </para>
    <para num="(b)" heading="Exception.">Provided, that should an increase of duties be required by any subsequent ordinance or resolution of the Mayor and City Council, an extra compensation in proportion for the increase of labor, to the original compensation, may be allowed, in the discretion of the said Mayor and City Council.</para>
    <annotation type="Prior Codifications">City Code, 1879, art. 1, §47</annotation>
    <annotation type="Prior Codifications">1893, art. 1, §52</annotation>
    <annotation type="Prior Codifications">1927, art. 1, §61</annotation>
    <annotation type="Prior Codifications">1950, art. 1, §10</annotation>
    <annotation type="Prior Codifications">1966, art. 1, §12</annotation>
    <annotation type="Prior Codifications">1976/83, art. 1, §15</annotation>
    <annotation type="History">Ord. 1863-058</annotation>
  </section>
  <section prefix="§" num="7-2" heading="Registration with Selective Service System.">
    <para num="(a)" heading="Proof of registration required.">If an applicant for employment with the City is also required by federal law to register with the Federal Selective Service, the applicant must submit, before appointment, evidence of registration or of prior or current service in the Armed Forces of the United States.</para>
    <para num="(b)" heading="Employment conditioned on compliance.">A male born after December 31, 1959, may not be employed by the City until any documentation required by subsection (a) of this section has been submitted.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 1, §15A</annotation>
    <annotation type="History">Ord. 98-328</annotation>
  </section>
  <section prefix="§" num="7-3" heading="Militia service.">
    <text>All employees of the Mayor and City Council of Baltimore who shall be members of the organized militia of the State of Maryland created by the Constitution or laws of this State shall be entitled to leave of absence from their respective duties, without loss or deduction from pay, regular vacation, time, or efficiency rating for all days during which they shall attend field or coast defense training camps as required by law or military regulation passed pursuant to law; and whenever any such employees shall be engaged in active military duty within the State of Maryland they shall likewise be entitled to the privileges herein conferred.</text>
    <annotation type="Prior Codifications">City Code, 1927, art. 1, §65</annotation>
    <annotation type="Prior Codifications">1950, art. 1, §11</annotation>
    <annotation type="Prior Codifications">1966, art. 1, §13</annotation>
    <annotation type="Prior Codifications">1976/83, art. 1, §16</annotation>
    <annotation type="History">Ord. 27-956</annotation>
  </section>
  <section prefix="§" num="7-4" heading="Office hours.">
    <para num="(a)" heading="In general.">All municipal offices shall remain open from 8:30 a.m. to 4:30 p.m. on Mondays through Fridays for the entire year, with a 40-minutes luncheon period.</para>
    <para num="(b)" heading="Exceptions.">Provided, however, that any department head may, with the approval of the Mayor, establish hours other than those above specified for such employees as may be needed to meet emergencies or to promote the public service, and the Board of Estimates shall have the power, in its discretion, to modify or change the hours during which municipal offices shall be open whenever such change or changes shall seem desirable.</para>
    <annotation type="Prior Codifications">City Code, 1950, art. 1, §12</annotation>
    <annotation type="Prior Codifications">1966, art. 1, §14</annotation>
    <annotation type="Prior Codifications">1976/83, art. 1, §17</annotation>
    <annotation type="History">Ord. 46-543</annotation>
  </section>
  <section prefix="§" num="7-5" heading="Uniform allowance.">
    <text>Every employee of the Police Department, including crossing guards, every employee of the Fire Department, and every public health nurse of the City of Baltimore whose duties require him or her to have and use, at any time, a uniform or other distinctive garb, shall either be provided with that uniform or other distinctive garb, free of cost, or shall be provided with an annual allowance in lieu thereof.</text>
    <annotation type="Prior Codifications">City Code, 1966, art. 19, §175</annotation>
    <annotation type="Prior Codifications">1976/83, art. 19, §215</annotation>
    <annotation type="History">Ord. 55-1416</annotation>
    <annotation type="History">Ord. 99-526</annotation>
  </section>
  <section prefix="§" num="7-6" heading="Presentation of City Flag.">
    <para num="(a)" heading="To family of employee.">The Mayor and City Council of Baltimore shall present a Baltimore municipal flag to the family of any City employee killed in the line of duty.</para>
    <para num="(b)" heading="Councilmembers may make presentation.">The flag may be presented to the family of the deceased by the Councilmembers of the Councilmanic district in which the deceased resided.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 1, §16A</annotation>
    <annotation type="History">Ord. 82-635</annotation>
  </section>
  <section prefix="§" num="7-7" heading="Residence address.">
    <para num="(a)" heading="On appointment.">On appointment, each officer or employee of the City  must submit to the Department of Finance, Payroll Division, the full street address of his or her legal residence.</para>
    <para num="(b)" heading="On change of address.">Within 10 days after an officer or employee of the City changes her or his legal residence, the officer or employee must submit to the Department of Finance, Payroll Division, the full street address of the new residence.</para>
    <para num="(c)" heading="Rules and regulations.">Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, the Director of Finance must adopt rules and regulations to carry out this section.</para>
    <annotation type="History">Ord. 01-244</annotation>
    <annotation type="History">Text Conformed 02/09/21</annotation>
    <annotation type="Editor's Notes">By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (c) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.</annotation>
  </section>
  <section prefix="§" num="7-8" heading="Hiring preference for persons with disabilities.">
    <para num="(a)" heading="Findings.">
      <para num="(1)">Persons with disabilities are a largely untapped resource for outstanding candidates for City employment.</para>
      <para num="(2)">Persons with disabilities suffer from a high unemployment and underemployment rate in the City due in part to unfounded myths, fears, and stereotypes that are associated with many disabilities.</para>
      <para num="(3)">A hiring preference for persons with disabilities is necessary to remedy past discrimination resulting from these unfounded myths, fears, and stereotypes.</para>
    </para>
    <para num="(b)" heading="“Disability” defined.">In this section, “disability” has the meaning stated in the Americans with Disabilities Act, 42 USCS  § 12101 et seq.</para>
    <para num="(c)" heading="Civil Service Commission to set standards.">The Civil Service Commission must adopt regulations that set standards for establishing and maintaining a preference for the initial appointment of qualified persons with a disability into civil service positions.</para>
    <para num="(d)" heading="Contents of standards.">The standards adopted under this section:<para num="(1)">must define a person with a disability eligible for the preference as:<para num="(i)">a person with medical proof of a developmental disability, a severe physical disability, or a psychiatric disability; or</para>
        <para num="(ii)">a veteran rated by the Department of Veterans Affairs with a compensable service-connected disability;</para>
      </para>
      <para num="(2)">must require medical certification of a qualifying disability; and</para>
      <para num="(3)">must establish the following order of preference:<para num="(i)">a veteran with a disability; and</para>
        <para num="(ii)">an equal preference for a veteran without a disability and a non- veteran with a disability.</para>
      </para>
    </para>
    <para num="(e)" heading="Limitation of preference.">The standards adopted under this section may apply the preference to an applicant only after the applicant has been ranked among the highest in merit-based examinations.</para>
    <annotation type="History">Ord. 11-424</annotation>
  </section>
  <section prefix="§" num="7-9" reserved="true" />
  <section prefix="§" num="7-10" heading="Residency requirements – City officials generally.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Agency.">“Agency” means any department, any bureau or division within a department, and any board, commission, authority, council, committee, office, or other unit of City government.</para>
      <para num="(3)" heading="Official.">“Official” means:<para num="(i)">the head of an agency who reports directly to the Mayor; and</para>
        <para num="(ii)">any at-will supervisory employee who reports directly to the Mayor or to the head of an agency.</para>
      </para>
    </para>
    <para num="(b)" heading="Residency requirements.">Every official:<para num="(1)">must be a resident and registered voter of Baltimore City at the time of his or her appointment, except only as otherwise authorized by subsection (c) of this section; and</para>
      <para num="(2)">must remain a resident and registered voter of Baltimore City throughout his or her entire term of office.</para>
    </para>
    <para num="(c)" heading="Qualified, short-term exception.">
      <para num="(1)" heading="In general.">Subsection (b)(1) of this section does not apply to an official who, before her or his appointment, signs a declaration of intent to become a City resident and registered voter within 6 months of the effective date of her or his appointment.</para>
      <para num="(2)" heading="Termination for failure to timely comply.">If the official fails to abide by this declaration of intent within the 6-month period, the official’s appointment is automatically terminated at the end of that period.</para>
    </para>
    <annotation type="History">Ord. 18-111</annotation>
    <annotation type="History">Ord. 20-415</annotation>
    <annotation type="Editor's Notes">
          State Local Government Article (“LG”) § 1-201 generally prohibits “a county or municipality [from] requir[ing] an employee to reside within the State, county, or municipality ... as a condition of employment” {LG § 1-201(b)(1)}, subject only to exceptions for
          
            (1)
            “an elected official”,
          
          
            (2)
            “the chief administrative officer of the county or municipality”,
          
          
            (3)
            “the head of a unit ... who reports directly to:
            
              (i)
              the chief administrative officer...;
            
            
              (ii)
              an elected executive; or
            
            
              (iii)
              the governing body of the county or municipality”, and
            
          
          
            (4)
            as added by Chapter 776, Acts of 2017, “an at-will supervisory employee [who] reports directly to the head of a unit”.  {LG § 1-201(a) and(b)(1)}.
          
          This § 7-10 was enacted by Ordinance 18-111, effective April 26, 2018, in accord with and by authority of LG § 1-201, as amended by Ch. 776, Acts of 2017.  Section 2 of Ord. 18-111 (based on Section 2 of Ch. 776) contains the following “legacy clause”:
          [T]his Ordinance applies only prospectively and may not be applied or interpreted to have any effect on or application to the continued employment at the same level of any individual who, before the effective date of this Ordinance, is employed by the City as an “official”, as that term is defined in this Ordinance.
        </annotation>
  </section>
  <section prefix="§" num="7-11" heading="Residency requirements – Police Department command staff.">
    <para num="(a)" heading="Definitions.">
      <para num="(1)" heading="In general.">In this section, the following terms have the meanings indicated.</para>
      <para num="(2)" heading="Command staff member.">“Command staff member” means:<para num="(i)">a member of the Baltimore Police Department with the rank of colonel; or</para>
        <para num="(ii)">a member of the Baltimore Police Department with the rank of deputy commissioner.</para>
      </para>
    </para>
    <para num="(b)" heading="Residency requirements.">
      <para num="(1)" heading="Scope.">Nothing in this section applies to a command staff member who:<para num="(i)">on January 1, 2022, held the rank of colonel; and</para>
        <para num="(ii)">was subsequently promoted to the rank of deputy commissioner.</para>
      </para>
      <para num="(2)" heading="In general.">Except as provided in subsection (c) of this section, each command staff member must:<para num="(i)">be a resident and registered voter of Baltimore City at the time of the command staff member’s appointment; and</para>
        <para num="(ii)">remain a resident and registered voter of Baltimore City throughout the command staff member’s entire term of office.</para>
      </para>
      <para num="(3)" heading="Timing of compliance.">An individual has 120 days after the date of hire for or promotion to a command staff member position to begin to reside in Baltimore City.</para>
    </para>
    <para num="(c)" heading="Waiver of residency requirements.">If a command staff member is married to an individual who is employed by a governmental entity that has similar residency requirements as those in subsection (b) of this section, the Police Commissioner or the Police Commissioner’s designee may grant that command staff member a waiver from the requirements in subsection (b) of this section.</para>
    <para num="(d)" heading="Termination for failure to comply.">If a command staff member fails to comply with this section the command staff member is automatically terminated.</para>
    <para num="(e)" heading="Annual reporting requirement.">No later than June 30 of each year, the Police Commissioner or the Police Commissioner’s designee shall submit a report to the Mayor and City Council detailing the residency and voter registration status of all command staff members.</para>
    <annotation type="History">Ord. 20-415</annotation>
    <annotation type="Editor's Notes">
          This § 7-11 was enacted by Ordinance 20-415, effective January 1, 2022, in accord with and by authority of the PLL of Baltimore City § 16-1(6), (7), and (8), and § 16-2A, as amended by Ch.  512, Acts of 2020.  Section 2 of Ord. 20-415 contains the following “legacy clause”
          [T]his Ordinance applies only prospectively and may not be applied or interpreted to have any effect or application to the continued employment at the same level of any individual who, before the effective date of this Ordinance, is employed by the Baltimore Police Department as a member of its “command staff”, as that term is defined in this Ordinance.
        </annotation>
  </section>
</baltimore-city-law>
