<?xml version='1.0' encoding='utf-8'?>
<section article="gcj" article_name="Courts and Judicial Proceedings" number="2-324" title_number="2" title_name="Court Personnel" subtitle_number="3" subtitle_name="Sheriffs">
  <level label="a">
    <text>This section applies only in Frederick County.</text>
  </level>
  <level label="b">
    <text>The Sheriff of Frederick County shall receive an annual salary of $125,000.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>The Sheriff shall appoint:</text>
      <level label="i">
        <text>Deputies as necessary, at salaries of at least $2,400; and</text>
      </level>
      <level label="ii">
        <text>Jail wardens as necessary, at salaries of at least $1,320.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>The Sheriff may appoint additional temporary deputy sheriffs as the Sheriff considers necessary for the public safety, with the approval of the governing body of the county, by ordinance.</text>
      </level>
      <level label="ii">
        <text>The governing body, by ordinance, shall allow reasonable compensation for the temporary additional deputy sheriffs.</text>
      </level>
      <level label="iii">
        <text>The temporary deputies may not serve longer than the occasion requires.</text>
      </level>
    </level>
    <level label="3">
      <text>The Sheriff may appoint a chief deputy who shall serve at the pleasure of the Sheriff.</text>
    </level>
  </level>
  <level label="d">
    <text>Any deputy sheriff, with the exception of the chief deputy, appointed according to this section:</text>
    <level label="1">
      <text>Shall be placed on a probationary status for at least 18 months of continuous employment; and</text>
    </level>
    <level label="2">
      <text>May be dismissed by the Sheriff for any reason during the probationary period.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>All full–time civilian employees are subject to the county personnel regulations with regard to qualifications for hiring, promotion, compensation and disciplinary action.</text>
    </level>
    <level label="2">
      <text>All deputy sheriffs, except the chief deputy, are subject to the county personnel regulations with regard to qualifications for hiring, promotion and compensation with regard to matters not covered by the Law Enforcement Officers’ Bill of Rights.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The Sheriff may appoint special deputy sheriffs who are:</text>
      <level label="i">
        <text>Members of the police force of a municipality in the county;</text>
      </level>
      <level label="ii">
        <text>Selected by the chief of police of the municipality; and</text>
      </level>
      <level label="iii">
        <text>Verified by the chief of police of the municipality as having achieved at least the minimum level of training for police duties in a municipality as designated by the Maryland Police Training and Standards Commission.</text>
      </level>
    </level>
    <level label="2">
      <text>The appointment of special deputy sheriffs under this subsection is subject to the following conditions:</text>
      <level label="i">
        <text>The Sheriff may assign the duties of special deputies;</text>
      </level>
      <level label="ii">
        <text>The Sheriff may terminate the appointment of the special deputy sheriff at will or on completion of the assignment for which the special deputy was appointed;</text>
      </level>
      <level label="iii">
        <text>The special deputy sheriff is not an employee of the county for the purpose of employment security or employee benefits; and</text>
      </level>
      <level label="iv">
        <text>County liability insurance coverage within its terms shall be provided to a special deputy sheriff under this section only when the special deputy is acting within the special deputy’s official duties.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>This subsection applies to all full–time deputy sheriffs in the Frederick County Sheriff’s Office at the rank of sergeant and below.</text>
    </level>
    <level label="2">
      <text>Full–time deputy sheriffs at the rank of sergeant and below may:</text>
      <level label="i">
        <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="ii">
        <text>Select a labor organization as their exclusive representative;</text>
      </level>
      <level label="iii">
        <text>Engage in collective bargaining with the Sheriff, or the Sheriff’s designee, concerning those wages and benefits not regulated by the Sheriff, through a labor organization certified as their exclusive representative;</text>
      </level>
      <level label="iv">
        <text>Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits not regulated by the Sheriff; and</text>
      </level>
      <level label="v">
        <text>Decertify a labor organization as their exclusive representative.</text>
      </level>
    </level>
    <level label="3">
      <text>Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the governing body of the county.</text>
    </level>
    <level label="4">
      <text>The County Executive of Frederick County, or the County Executive’s designee:</text>
      <level label="i">
        <text>May not be a party to a collective bargaining agreement entered into under this subsection; but</text>
      </level>
      <level label="ii">
        <text>May attend and participate in all collective bargaining sessions of the parties.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:</text>
        <level label="1">
          <text>A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the deputy sheriffs at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and</text>
        </level>
        <level label="2">
          <text>The petition is submitted to the Sheriff.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the Sheriff does not challenge the validity of the petition within 10 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 challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third party neutral 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 American Arbitration Association and the third party neutral shall be shared equally by the parties.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>Following certification of an exclusive representative as provided in paragraph (5) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.</text>
      </level>
      <level label="ii">
        <text>The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request.</text>
      </level>
    </level>
    <level label="7">
      <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>The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.</text>
      </level>
      <level label="iii">
        <text>An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.</text>
      </level>
      <level label="iv">
        <text>Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the deputy sheriffs in the bargaining unit and the Sheriff.</text>
      </level>
      <level label="v">
        <text>Additional funding, if any, required as a result of the agreement shall be subject to the approval of the governing body of the county.</text>
      </level>
    </level>
    <level label="8">
      <text>Nothing in this subsection may be construed as authorizing or otherwise allowing a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>This subsection applies to all full–time correctional officers in the Sheriff’s Office at the rank of sergeant and below.</text>
    </level>
    <level label="2">
      <text>Full–time correctional officers at the rank of sergeant and below may:</text>
      <level label="i">
        <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="ii">
        <text>Select a labor organization as their exclusive representative;</text>
      </level>
      <level label="iii">
        <text>Engage in collective bargaining with the Sheriff, or the Sheriff’s designee, concerning those wages and benefits not regulated by the Sheriff, through a labor organization certified as their exclusive representative;</text>
      </level>
      <level label="iv">
        <text>Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits not regulated by the Sheriff; and</text>
      </level>
      <level label="v">
        <text>Decertify a labor organization as their exclusive representative.</text>
      </level>
    </level>
    <level label="3">
      <text>Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the governing body of the county.</text>
    </level>
    <level label="4">
      <text>The County Executive, or the County Executive’s designee:</text>
      <level label="i">
        <text>May not be a party to a collective bargaining agreement entered into under this subsection; but</text>
      </level>
      <level label="ii">
        <text>May attend and participate in all collective bargaining sessions of the parties.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:</text>
        <level label="1">
          <text>A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the correctional officers at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and</text>
        </level>
        <level label="2">
          <text>The petition is submitted to the Sheriff.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the Sheriff does not challenge the validity of the petition within 10 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 challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third party neutral 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 American Arbitration Association and the third party neutral shall be shared equally by the parties.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>Following certification of an exclusive representative as provided in paragraph (5) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.</text>
      </level>
      <level label="ii">
        <text>The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request to the governing body of the county.</text>
      </level>
    </level>
    <level label="7">
      <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>The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.</text>
      </level>
      <level label="iii">
        <text>An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.</text>
      </level>
      <level label="iv">
        <text>Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the correctional officers in the bargaining unit and the Sheriff.</text>
      </level>
      <level label="v">
        <text>Additional funding, if any, required as a result of the agreement shall be subject to the approval of the governing body of the county.</text>
      </level>
    </level>
    <level label="8">
      <text>Nothing in this subsection may be construed as authorizing or otherwise allowing a correctional officer to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.</text>
    </level>
  </level>
</section>
