# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 33. Personnel and Human Resources.

### Article I. In General.

**Sec. 33-1. Merit system protection board to have all powers and duties of police civil service commissioner and police trial board.**

  The office of the police civil service commissioner and the police trial board are hereby abolished, and all references in the Code of Public Local Laws of Montgomery County (1947 Edition) to the office of the police civil service commissioner or the police trial board shall henceforth be construed so as to refer to the merit system protection board, and the board shall henceforth have all the powers and duties of the police civil service commissioner and the police trial board, insofar as such powers and duties are prescribed in such Code of Public Local Laws and are consistent with the Montgomery County charter and public general laws.

**Sec. 33-2. Reserved.**

**Sec. 33-3. Continuation and administration of merit system.**

  (a)   The merit system for officers and employees of the county government established pursuant to the charter for Montgomery County, Maryland, 1948, is hereby continued. All officers and employees of the county government, except for those exempted positions specified in section 401 of the charter for Montgomery County, Maryland, 1968, as amended, shall be classified as merit system employees.

  (b)   The merit system shall be administered by the chief administrative officer, under the direction of the county executive, and shall be governed by and subject to the provisions of the charter for Montgomery County, Maryland, 1982, as amended, provisions of this chapter, and the personnel regulations adopted by the county executive under method (1) of section 2A-15 of this Code.

**Sec. 33-4. Salaries of chairman and members of merit system protection board.**

  (a)   In this Section, Consumer Price Index means the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.

  (b)   For members of the Merit System Protection Board appointed after December 31, 2000, the annual salary of the chair is $8,000, adjusted as provided for other members under this Section. The annual salary of the other 2 members is $6,500 adjusted each year on the first Monday in December by a percentage which is 50% of the percentage that the Consumer Price Index for the previous September has changed from September of the previous year.

**Sec. 33-4A. Merit system protection board staff.**

  (a)   The merit system protection board appoints and removes its executive secretary.

  (b)   The executive secretary appoints and removes other staff to the board.

  (c)   Appointment and removal under this section must comply with the merit system law.

**Sec. 33-4B. Days of commemoration.**

  (a)   Legislative findings.

    (1)   The religious, ethnic, and cultural heritage of County residents is very diverse.

    (2)   The County benefits economically, intellectually, culturally, and socially from the richness and strength of its diversity and seeks to promote an inclusive community for all residents.

    (3)   The County’s respect for the diversity of its own workforce is reflected in the County’s rules governing leave and alternate work schedules for religious observance.

    (4)   The ability of County employees to meet the needs of County residents and provide high quality customer service is enhanced when County employees know that certain days have special religious, ethnic, or cultural meaning that will affect the daily activities of a significant number of County residents.

  (b)   Days of commemoration.

    (1)   Each of the following calendar days is designated a day of commemoration:

      (A)   Eid Ul-Adha;

      (B)   Asian Lunar New Year;

      (C)   Martin Luther King Day;

      (D)   Ash Wednesday;

      (E)   Purim;

      (F)   Passover;

      (G)   Holy Thursday;

      (H)   Good Friday;

      (I)   Easter;

      (J)   Orthodox Holy Thursday;

      (K)   Orthodox Good Friday;

      (L)   Orthodox Easter;

      (M)   Ascension Thursday (Western);

      (N)   Shavuot;

      (O)   Feast of the Assumption;

      (P)   Juneteenth;

      (Q)   Rosh Hashanah;

      (R)   Yom Kippur;

      (S)   Succoth;

      (T)   Shemini Atzeret;

      (U)   Simchas Torah;

      (V)   Eid Ul-Fitr;

      (W)   Diwali;

      (X)   Feast of All Saints;

      (Y)   Feast of the Immaculate Conception;

      (Z)   Christmas;

      (AA)   Kwanza;

      (BB)   Korean American Day;

      (CC)   Three Kings Day;

      (DD)   Orthodox Christmas Day;

      (EE)   Parinirvana - Nirvana Day;

      (FF)   President’s Day;

      (GG)   Magha Puja;

      (HH)   Norouz;

      (II)   Theravada New Year;

      (JJ)   Festival of Ridvan;

      (KK)   Wesak or Buddha Day;

      (LL)   Ascention Thursday (Orthodox);

      (MM)   Memorial Day;

      (NN)   Dharma Day;

      (OO)   Independence Day;

      (PP)   Ramadan: The Islamic Month of Fasting;

      (QQ)   Labor Day;

      (RR)   Veterans’ Day;

      (SS)   Thanksgiving Day;

      (TT)   American Indian Heritage Day;

      (UU)   Hanukkah (Chanukah); and

      (VV)   Bodhi Day.

    (2)   In addition to the days listed in paragraph (1), the Chief Administrative Officer may designate as a day of commemoration any day that the Chief Administrative Officer determines has special religious, ethnic, or cultural meaning that may affect the daily activities of a significant portion of the County’s total population.

  (c)   First notice to County employees.  Once every 3 months, the Chief Administrative Officer must notify all County employees electronically of the dates of all days of commemoration that will occur in the next 3 months and provide:

    (1)   a brief explanation, based on a generally accepted reference source, of the religious, ethnic, or cultural meaning of each day of commemoration and the date on which the day is usually observed;

    (2)   any relevant information regarding the manner in which the daily activities of County residents on the day may affect programs and services provided by the County; and

    (3)   for days with religious meaning, an explanation of the County’s rules governing leave and alternate work schedules for religious observance.

  (d)   Second notice to County employees.  In the 7-day period preceding a day of commemoration or, for a multi-day celebration, the first day of commemoration, the Chief Administrative Officer must:

    (1)   notify all County employees electronically of the date of the day of commemoration or, for a multi-day celebration, the dates of the days of commemoration; and

    (2)   provide the information required by subsection (c)(1) through (3) regarding the applicable day or days of commemoration.

  (e)   The Chief Administrative Officer must maintain a list of all days of commemoration and make the list accessible to the public by posting it on the County’s website.

  (f)   The County Executive may, by regulation adopted under method (2), remove a day designated as a day of commemoration under subsection (b)(1) from the County’s list of days of commemoration.
