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Statutes Text

Article - Courts and Judicial Proceedings


    (a)    This section applies only in Baltimore County.

    (b)    The Sheriff of Baltimore County shall receive an annual salary of:

        (1)    $75,000 for calendar year 2007;

        (2)    $80,000 for calendar year 2008;

        (3)    $85,000 for calendar year 2009; and

        (4)    $90,000 for calendar year 2010 and each subsequent calendar year.

    (c)    (1)    The Sheriff shall appoint an under–sheriff and any number of deputies and any clerical assistant required by the duties of the office.

        (2)    The Sheriff may also appoint a number of deputies to the ranks of chief deputy, captain, lieutenant, and sergeant as the Sheriff’s duties and responsibilities require.

        (3)    The cost and expense of the supervisory, administrative, and clerical positions listed in paragraphs (1) and (2) of this subsection, including salaries, shall be as provided in the budget of the county by the County Executive of Baltimore County and as approved by the County Council of Baltimore County.

        (4)    All full–time employees under this section are subject to the provisions of the county merit system and the rules and regulations passed by the County Council pursuant to the charter, as to qualifications, compensation, and other regulations.

        (5)    (i)    Except as provided in subparagraph (ii) of this paragraph, part–time deputies may not be employed by the Sheriff’s Office.

            (ii)    1.    The Sheriff may appoint as part–time deputies persons employed in specific plants, institutions, colleges, and hospitals situated within the county who are limited to service only within the particular facility where they are employed.

                2.    A part–time deputy employed under this paragraph may not be compensated by the county for the part–time deputy’s service.

    (d)    (1)    This subsection applies to all full–time deputy sheriffs in the Sheriff’s Office at the rank of lieutenant and below.

        (2)    (i)    Full–time deputy sheriffs at the rank of lieutenant and below may:

                1.    Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

                2.    Select a labor organization as their exclusive representation unit;

                3.    Engage in collective bargaining with the Baltimore County Administration, or its designee, concerning wages and benefits, not regulated by the Sheriff, through a labor organization certified as their exclusive representation unit;

                4.    Subject to subparagraph (ii) of this paragraph, enter into a collective bargaining agreement, through their exclusive representation unit, covering those wages and benefits not regulated by the Sheriff; and

                5.    Decertify a labor organization as their exclusive representation unit.

            (ii)    Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the County Council.

        (3)    (i)    A labor organization shall be deemed certified as an exclusive representation unit if the following conditions are met:

                1.    A petition for the labor organization to be recognized by the Baltimore County Administration is signed by at least 51% of the deputy sheriffs at the rank of lieutenant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and

                2.    The petition is submitted to the Baltimore County Administration.

            (ii)    If the Baltimore County Administration 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 representation unit.

            (iii)    If the Baltimore County Administration 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 representation unit by a majority of the votes cast in the election.

            (iv)    The costs associated with the American Arbitration Association and the third–party neutral shall be shared equally by the parties.

        (4)    (i)    Following certification of an exclusive representation unit as provided in paragraph (3) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

            (ii)    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 County Council.

        (5)    (i)    A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

            (ii)    The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

            (iii)    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.

            (iv)    1.    Subject to subsubparagraph 2 of this subparagraph, 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 Baltimore County Administration.

                2.    Additional funding, if any, required as a result of the agreement shall be subject to the approval of the County Council.

        (6)    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.

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