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<section article="gcj" article_name="Courts and Judicial Proceedings" number="2-321" title_number="2" title_name="Court Personnel" subtitle_number="3" subtitle_name="Sheriffs">
  <level label="a">
    <text>This section applies only in Cecil County.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>The Sheriff of Cecil County shall receive an annual salary of:</text>
      <level label="i">
        <text>$71,500 for fiscal year 2015;</text>
      </level>
      <level label="ii">
        <text>$75,075 for fiscal year 2016;</text>
      </level>
      <level label="iii">
        <text>$77,350 for fiscal year 2017;</text>
      </level>
      <level label="iv">
        <text>$79,675 for fiscal year 2018;</text>
      </level>
      <level label="v">
        <text>Except as provided in item (vi) of this paragraph, $82,075 for fiscal year 2019; and</text>
      </level>
      <level label="vi">
        <text>For each term of office beginning with the term that begins in fiscal year 2019, not less than $100,000, as determined by the County Council of Cecil County.</text>
      </level>
    </level>
    <level label="2">
      <text>In addition, the Sheriff shall receive the benefits and reimbursements for reasonable expenses in the performance of duties as provided in the county budget or by law, including, where appropriate:</text>
      <level label="i">
        <text>Reimbursements under the Standard State Travel Regulations; and</text>
      </level>
      <level label="ii">
        <text>Participation in the health care plan that is negotiated for county employees.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The Sheriff shall appoint:</text>
      <level label="i">
        <text>A chief deputy sheriff;</text>
      </level>
      <level label="ii">
        <text>A community corrections director;</text>
      </level>
      <level label="iii">
        <text>A detention center director;</text>
      </level>
      <level label="iv">
        <text>A detention center deputy director;</text>
      </level>
      <level label="v">
        <text>A law enforcement director;</text>
      </level>
      <level label="vi">
        <text>Law enforcement personnel; and</text>
      </level>
      <level label="vii">
        <text>A personal secretary to the Sheriff.</text>
      </level>
    </level>
    <level label="2">
      <text>The Sheriff may remove the chief deputy sheriff, community corrections director, detention center director, detention center deputy director, law enforcement director, and personal secretary to the Sheriff at any time whether or not for cause.</text>
    </level>
    <level label="3">
      <text>The Sheriff shall appoint full–time or part–time employees, as provided in the county budget, to perform the duties of the Sheriff’s Office, including:</text>
      <level label="i">
        <text>Deputy sheriffs to perform law enforcement functions;</text>
      </level>
      <level label="ii">
        <text>Deputy sheriffs to perform correctional functions;</text>
      </level>
      <level label="iii">
        <text>Clerical and other civilian employees;</text>
      </level>
      <level label="iv">
        <text>A director of the detention center; and</text>
      </level>
      <level label="v">
        <text>A community corrections director.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Except for the chief deputy sheriff, each employee of the Sheriff’s Office shall serve a probationary period of 18 months.</text>
    </level>
    <level label="2">
      <text>The Sheriff may extend the probationary period required under paragraph (1) of this subsection for cause.</text>
    </level>
    <level label="3">
      <text>During the probationary period of an employee in the Sheriff’s Office:</text>
      <level label="i">
        <text>The employee shall satisfactorily complete any certification or training program specified by the Sheriff; and</text>
      </level>
      <level label="ii">
        <text>The determination of an employee’s qualifications and ability to serve in the position of a permanent non–probationary employee shall be within the sole discretion of the Sheriff.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>Shall be governed by the rank, salary, and benefit structures of the county personnel policy; and</text>
      </level>
      <level label="ii">
        <text>Except as provided in paragraph (2) of this subsection, on completion of the probationary period, shall be subject to the county personnel regulations and policies in all matters.</text>
      </level>
    </level>
    <level label="2">
      <text>Law enforcement officers and correctional officers of the Sheriff’s Office may be terminated only for just cause.</text>
    </level>
    <level label="3">
      <text>Nothing in this section shall affect the rights and protections accorded an employee under any other provision of law.</text>
    </level>
  </level>
  <level label="f">
    <text>The county shall pay the cost of all necessary expenses incurred by the Sheriff and the Sheriff’s staff.</text>
  </level>
  <level label="g">
    <text>The Sheriff shall have the authority to formulate and administer a plan that includes the method of supervision to use incarcerated individuals 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.</text>
  </level>
  <level label="h">
    <level label="1">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>This subsection does not apply to the chief deputy sheriff, community corrections director, detention center director, detention center deputy director, or law enforcement director in the Office of the Sheriff of Cecil County.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>A full–time sworn law enforcement deputy sheriff at the rank of captain and below may:</text>
        <level label="1">
          <text>Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;</text>
        </level>
        <level label="2">
          <text>Select a labor organization as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection;</text>
        </level>
        <level label="3">
          <text>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;</text>
        </level>
        <level label="4">
          <text>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</text>
        </level>
        <level label="5">
          <text>Decertify a labor organization as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection.</text>
        </level>
      </level>
      <level label="ii">
        <text>A full–time sworn correctional deputy sheriff at the rank of lieutenant and below may:</text>
        <level label="1">
          <text>Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;</text>
        </level>
        <level label="2">
          <text>Select a labor organization as the exclusive representative of the correctional deputy sheriffs subject to this paragraph;</text>
        </level>
        <level label="3">
          <text>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;</text>
        </level>
        <level label="4">
          <text>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</text>
        </level>
        <level label="5">
          <text>Decertify a labor organization as the exclusive representative of the correctional deputy sheriffs subject to this paragraph.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <level label="1">
          <text>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.</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the Sheriff and the County Executive do not challenge the validity of the petition within 20 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative.</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
      <level label="iv">
        <text>The costs associated with the appointment of a neutral third party shall be shared equally by the parties.</text>
      </level>
      <level label="v">
        <level label="1">
          <text>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.</text>
        </level>
        <level label="2">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>Following certification of an exclusive representative as provided in paragraph (3) of this subsection, the certified labor organization and the Sheriff and the County Executive shall meet at reasonable times and engage in collective bargaining in good faith.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <level label="1">
          <text>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.</text>
        </level>
        <level label="2">
          <text>A party seeking nonbinding mediation under subsubparagraph 1 of this subparagraph shall give written notice to the other party and to the Federal Mediation and Conciliation Service at least 15 days prior to the start of the first mediation meeting.</text>
        </level>
        <level label="3">
          <text>The costs associated with the mediator or mediation process shall be shared equally by the parties.</text>
        </level>
        <level label="4">
          <text>The certified labor organization, the Sheriff, and the County Executive shall engage in nonbinding mediation for at least 30 days unless they mutually agree in writing to termination or extension of the mediation or reach an agreement.</text>
        </level>
        <level label="5">
          <text>The contents of the mediation proceedings may not be disclosed by any of the parties or the mediator.</text>
        </level>
      </level>
      <level label="iv">
        <text>The County Council shall enact a local ordinance that allows for nonbinding arbitration if the certified labor organization, the Sheriff, and the County Executive are unable to reach an agreement through mediation under subparagraph (iii) of this paragraph.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.</text>
      </level>
      <level label="ii">
        <text>A collective bargaining agreement may contain a grievance procedure providing for binding arbitration of grievances in reference to a labor contract, including grievances related to interpretation or breach of contract.</text>
      </level>
      <level label="iii">
        <text>A collective bargaining agreement reached in accordance with this subsection shall be in writing and signed by the certified representatives of the parties involved in the collective bargaining negotiations.</text>
      </level>
      <level label="iv">
        <text>Except as provided in the code and regulations of the county, the provisions of this paragraph and any agreement made under it may not impair the right and the responsibility of the Sheriff to:</text>
        <level label="1">
          <text>Determine the mission, budget, organization, numbers, types, classes, grades, and ranks of deputy sheriffs assigned, the services to be rendered, operations to be performed, and the technology to be used;</text>
        </level>
        <level label="2">
          <text>Set the standards of service and exercise control over operations, including the rights to determine work shifts and the number of deputy sheriffs on each shift;</text>
        </level>
        <level label="3">
          <text>Assign and retain deputy sheriffs in positions within the office;</text>
        </level>
        <level label="4">
          <text>Determine and set work projects, tours of duty, schedules, assignments, and methods, means, and personnel by which operations are conducted;</text>
        </level>
        <level label="5">
          <text>Determine and set technology needs, internal security practices, equipment, and the location of facilities;</text>
        </level>
        <level label="6">
          <text>Maintain and improve the efficiency and effectiveness of operations;</text>
        </level>
        <level label="7">
          <text>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;</text>
        </level>
        <level label="8">
          <text>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;</text>
        </level>
        <level label="9">
          <text>Determine and set the qualifications of deputy sheriffs for appointment and promotions; and</text>
        </level>
        <level label="10">
          <text>Determine and set the standards of conduct, and with consultation and input from the certified labor organization, adopt rules, orders, policies, regulations, and procedures on mutually agreed on subjects.</text>
        </level>
      </level>
      <level label="v">
        <text>A collective bargaining agreement is not effective until it is ratified by the majority of votes cast by the deputy sheriffs in the bargaining unit and approved by the Sheriff, the County Executive, and the County Council.</text>
      </level>
    </level>
    <level label="6">
      <text>Nothing in this subsection may be construed to:</text>
      <level label="i">
        <text>Authorize or otherwise allow a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article; and</text>
      </level>
      <level label="ii">
        <text>Authorize the collection of mandatory membership fees from nonmembers of the employee organization.</text>
      </level>
    </level>
  </level>
</section>
