Article IX. Personnel

Except for those in exempt positions, the Council shall provide by law for a personnel system governing the appointment and removal of employees, and other personnel procedures for employees in the County government. The personnel system shall insure that personnel actions are based upon merit and fitness, and that no employee or applicant for employment shall be discriminated against in any personnel action by reason of race, color, religion, age, disability, creed, sex, marital status, familial status, sexual orientation, political affiliation, or country of national origin.

County positions shall be either in the classified or the exempt services. The exempt service shall consist of: (1) elected officials; (2) the Chief Administrative Officer; (3) the directors and deputy directors of offices and departments in the executive branch; (4) the executive directors and members of boards and commissions; (5) the immediate staff of the County Executive; (6) the County Auditor; (7) persons assigned to hourly rated positions for temporary or seasonal help, provided that such persons are not compensated for more than 1000 hours work per twelve-month period; (8) experts or specialists performing temporary services; (9) persons employed as attorneys-at-law, except hearing examiners; (10) employees required to be covered by the State merit system; (11) aides for each member of the Council; (12) the Council Administrator, and (13) other positions recommended by the County Executive and approved by the County Council.

Salaries and wages of both classified and exempt service employees shall be determined in accordance with classification and salary plans. Except as otherwise provided herein, for such plans to become effective, they shall be submitted by the County Executive to the Council for legislative action thereon. If the Council fails to take final action upon a salary plan within sixty calendar days of its submission to the Council by the County Executive, then such plan shall stand approved. Classification plans for positions uniquely within the Legislative Branch shall be adopted by resolution of the Council.

The personnel law of the County shall include but not be limited to: (1) classification and pay plans including the allocation of positions; (2) construction, maintenance, and expiration of eligibility lists; (3) certification and appointment procedures; (4) probationary requirements; (5) promotion, transfer, and separation procedures; (6) disciplinary procedures; (7) career development plans; (8) special rules relating to the fire and police services; and (9) such other matters as may be required by law.

There shall be a Personnel Board consisting of five qualified voters of the County. Members of the Personnel Board shall be appointed by the County Executive for terms coterminous with the County Executive and confirmed by the Council. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until their successor is appointed and qualified. A member of the Board may be removed only for cause by the County Executive, subject to approval by the Council. The County Executive shall designate a member of the Board as chair.

The Personnel Board shall have the power and the duty: (1) to recommend to the Council rules and regulations which shall have the force of law upon adoption by the Council; (2) to hear appeals from employees in the classified service concerning any action of the Personnel Officer or the appointing authority of the employee, except that the Personnel Board shall not grant relief to employees covered by a collective bargaining agreement authorized by Section 908 of this Charter where that collective bargaining agreement contains a procedure which can provide a remedy to the employee. After a hearing, which shall be public if so requested by the aggrieved employee, the Personnel Board may issue such order as it finds proper by the facts presented in the case. All data pertinent to the decision shall be subject to the scrutiny of the aggrieved party or their attorney; (3) to hear and decide for the County appeals from employees concerning any action pertaining to the methods of examination, certification, or preparation of eligibility lists for appointment or promotion; (4) to advise and consult, as appropriate, with County officials on matters concerning the administration of the County career service and personnel rules and regulations and to report to the County Executive and the Council on the operation of the personnel system; and (5) to carry out such other functions as may be assigned by law. In case of any appeal to the Personnel Board, its decision shall be final on all parties concerned and may not be appealed to any other administrative board. Any person aggrieved by a final decision of the Personnel Board may, within thirty calendar days, appeal a decision to the Circuit Court of Prince George's County. Such appeal shall be limited to errors of jurisdiction, errors of law, and clear abuse of discretion by the Personnel Board.

In order that County employees may participate in the formulation and implementation of personnel policies affecting their employment, they shall have the right to organize and bargain collectively through representatives of their own choosing, subject to any procedural regulations that the Council shall provide by law. The Council shall provide by law a labor code for County employees, which shall include: (1) the manner of establishing units appropriate for collective bargaining; (2) the manner of designating or selecting bargaining representatives; and (3) definitions of and remedies for unfair labor practices. In order to prevent strikes, job actions, and other disruptions that might impede the protection of the public health, safety, and general welfare, the County Executive shall immediately submit to binding arbitration any disputed issues including but not limited to wages and terms and conditions of employment arising out of the negotiation of a collective bargaining agreement with a representative of County Protective Service Employees which has not successfully been negotiated by March 1 of the year in which any existing agreement expires unless an extension is mutually agreed upon. "Protective Service Employees" shall be defined as sworn police officers, uniformed firefighters, correctional officers and deputy sheriffs. The disputed issues shall be submitted to the American Arbitration Association and arbitrated pursuant to the rules of the American Arbitration Association. The arbitration hearing shall be concluded and decision rendered within ninety days of the submission of arbitration unless otherwise ordered by the arbitrator. The decision of this mandatory arbitration shall be binding upon the County and the Protective Service Employees. The County Executive is authorized to submit to binding arbitration any disputes arising out of the interpretation of, or the application of, any collective bargaining agreement with the representative of County employees. Nothing herein shall be deemed to authorize a strike by any County employee or employees engaged in duties directly affecting the public safety.

All County employees may participate or refrain from participating in partisan political activity. County employees shall not engage in partisan political activity during their hours of employment.