State Codes and Statutes

Statutes > Maryland > Courts-and-judicial-proceedings > Title-2 > Subtitle-3 > 2-309

§ 2-309. Salaries and expenses; deputies; employees; equipment; inmate labor.

(a) In general.- The sheriff of a county and his deputies shall receive the annual salaries provided by this section for performing the duties required of them by the Constitution and the laws of this State. They shall be reimbursed for expenses as provided by law.

(a-1) Office and expenses.- The government of each county shall furnish an office for the sheriff and pay the necessary expenses for telephones, stationery and for other purposes, and unless otherwise provided by law, shall provide for the necessary traveling expenses of the sheriff for conveying prisoners to any penal institution in the State and other necessary traveling expenses.

(b) Allegany County.-

(1) The Sheriff of Allegany County shall receive the salary set by the County Commissioners in accordance with Article 24, Title 12, Subtitle 1 of the Code.

(2) The Sheriff shall appoint not less than five deputies at salaries of at least $2,400 each who are under the county classified service; one of these deputies shall be assigned by the Sheriff to execute process, orders, and directions for the juvenile court, and to perform the other duties the Sheriff assigns.

(3) A deputy sheriff is entitled to free meals while on duty in addition to the salary provided in this subsection.

(4) If authorized by the County Commissioners, the Sheriff may employ a clerk-bookkeeper under the county classified service at a salary agreed upon by the Sheriff and the County Commissioners. The clerk-bookkeeper shall perform the duties assigned by the Sheriff, including the preparation of reports submitted by the Sheriff's Office to the grand jury or the County Commissioners.

(5) If the Sheriff of Allegany County approves after considering personnel needs, the County Commissioners may authorize a deputy sheriff to perform off-duty services for any person who agrees to pay a fee, including but not limited to, hourly rates for off-duty service, any necessary insurance to be determined by the Commissioners, including any fringe benefits and the reasonable rental cost of uniforms or other equipment used by any off-duty personnel.

(6) The Sheriff, with the approval of the County Commissioners, may appoint a chief deputy sheriff who shall perform all legal functions of the Sheriff during any temporary absence, sickness, vacation, or vacancy of Office of the Sheriff. The Sheriff may appoint as chief deputy a person who has not served as a deputy sheriff. The chief deputy sheriff shall serve at the Sheriff's pleasure, and is not under the county classified service.

(7) (i) This subsection does not apply to officers in the Sheriff's Office at a rank of lieutenant or above.

(ii) Deputies, officers, and civilian employees of the Sheriff's Office, including the Allegany County jail, have the right to organize and bargain collectively with the Sheriff concerning wages and benefits, hours, working conditions, discipline procedures, and job security issues through a labor organization selected by the majority of the deputies, officers, and civilian employees.

(iii) The Sheriff shall meet with the labor organization and engage in good faith negotiations to reach a written agreement on wages and benefits, hours, working conditions, discipline procedures, and job security issues.

(iv) If the labor organization and the Sheriff are unable to reach an agreement during the collective bargaining process, either the labor organization or the Sheriff may seek nonbinding mediation through the Federal Mediation and Conciliation Service by giving at least 15 days notice to the other party and to the Federal Mediation and Conciliation Service.

(v) 1. If the Sheriff and the labor organization are unable to agree to the interpretation or application of a written agreement entered under this subsection, the Sheriff or the labor organization may demand arbitration before a neutral labor arbitrator in accordance with this paragraph.

2. An arbitration initiated under this paragraph shall be conducted before a single arbitrator.

3. The arbitrator shall be selected to hear the dispute from a panel of seven arbitrators who are members of the National Academy of Arbitrators. The panel shall be requested from the Federal Mediation and Conciliation Service.

4. The parties shall select an arbitrator by alternative strikes from the panel.

5. The arbitrator selected may schedule a hearing, issue subpoenas to compel the testimony of witnesses and the production of documents, administer oaths, and declare the record closed.

6. The written decision of the arbitrator shall be:

A. Final and binding on the Sheriff, employee, and the labor organization to the extent the decision addresses wages and benefits; and

B. Nonbinding to the extent the decision addresses hours, working conditions, discipline procedures, and job security issues.

7. The Sheriff and labor organization shall share equally in the costs of the arbitration proceeding.

(vi) This subsection may not be construed to authorize an employee of the Sheriff's Office or of the Allegany County jail to engage in a strike.

(1) The Sheriff of Anne Arundel County shall receive a salary equal to the salary of a captain in the Anne Arundel County Police Department at the highest rate in the pay scale.

(2) (i) The Sheriff of Anne Arundel County shall appoint deputies at a salary as provided by the County Council.

(ii) The Sheriff may appoint a chief deputy who shall serve at the pleasure of the Sheriff.

(3) Employees in the Sheriff's Office shall be in the county merit system.

(4) In case of emergency, the Sheriff may temporarily deputize any able-bodied citizen to assist the Sheriff in carrying out the duties of the Sheriff's Office.

(5) The Sheriff and the deputies whose duties require the use of automobiles shall be furnished at no expense with suitable automobiles and any necessary maintenance, repairs or upkeep by the County Council.

(6) (i) The Sheriff may appoint part-time deputies as provided in the county budget.

(ii) A part-time deputy appointed under this paragraph may not work more than 24 hours per week.

(iii) The Sheriff may set the rate of pay for a part-time deputy.

(iv) A part-time deputy appointed under this paragraph is not eligible for any benefits that are provided to county employees, including pension benefits, unless approved by the County Council.

(d) Baltimore City.-

(1) (i) In Baltimore City, the Sheriff shall receive an expense allowance of $750 two times per year and a salary of:

1. $79,300 in calendar year 2007;

2. $84,600 in calendar year 2008;

3. $89,900 in calendar year 2009;

4. $95,200 in calendar year 2010; and

5. In calendar year 2011 and thereafter, no less than the salary of a Command Staff 2 in the Baltimore City Police Department at the midpoint in the pay scale.

(ii) The Sheriff:

1. Shall appoint an undersheriff or chief deputy sheriff, one assistant sheriff, two deputy sheriff majors, two deputy sheriff captains, four deputy sheriff lieutenants, one secretary sheriff, and one fiscal clerk sheriff; and

2. May appoint up to a maximum of:

A. 7 deputy sheriff sergeants; and

B. 90 deputy sheriffs.

(iii) 1. Except for deputy sheriffs, deputy sheriff sergeants, and deputy sheriff lieutenants, salaries for these employees shall be set by the Secretary of Budget and Management.

2. Salaries for deputy sheriffs shall be set at a rate not less than the salary equivalent to grade 14 of the State pay scale.

3. Salaries for deputy sheriff sergeants shall be set at a rate not less than the salary equivalent to grade 16 of the State pay scale.

4. Salaries for deputy sheriff lieutenants shall be set at a rate not less than the salary equivalent to grade 18 of the State pay scale.

(iv) In addition to any other compensation received, each deputy sheriff shall receive an expense allowance of $200 annually for:

1. Ammunition for practice sessions at the range;

2. Clothing allowance to defray the cost of dry cleaning and maintaining the clothing worn while on duty; and

3. The purchase and maintenance of other items necessary to fulfill duties that currently are not furnished by the Baltimore City Sheriff's Department.

(v) A deputy sheriff who uses a personal automobile is entitled to a monthly automobile allowance at the same rate paid to other State employees. Any Sheriff who is assigned a city-owned automobile may not receive the monthly automobile expense allowance.

(vi) The Sheriff's Office shall also have assistants at the compensation provided for in the annual ordinance of estimates of Baltimore City. Provisions shall also be made in the ordinance for the expenses of the Office of the Sheriff, including the purchase and maintenance of motor vehicles.

(vii) The Mayor and City Council of Baltimore have the same power with respect to the salaries of the Office of the Sheriff as they have under the city charter with respect to the salaries of all municipal departments.

(viii) Employees of the Sheriff's Office, except the Sheriff, shall be selected according to the provisions of the State Personnel and Pensions Article.

(2) The Mayor and City Council shall pay monthly to the Sheriff of Baltimore City one twelfth of the amount provided in the ordinance of estimates for the expenses of the Sheriff's Office. Within 30 days after June 30th in each and every year the Sheriff of Baltimore City shall pay to the Mayor and City Council of Baltimore any of the unexpended expense funds advanced during the preceding year and render a detailed account to the Mayor and City Council of Baltimore of all expense funds received and expended by him. The Mayor and City Council of Baltimore shall reimburse the State of Maryland for the administrative costs incurred because the employees of the Sheriff's Office of Baltimore City are in the State Personnel Management System.

(3) During the course of his employment, any deputy sheriff of Baltimore City may ride in Baltimore City on public transportation of the Maryland Transit Administration without paying any fare if he shows proper identification regarding his position as a deputy sheriff.

(e) Baltimore County.-

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

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

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

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

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

(2) The Sheriff shall appoint an under-sheriff and any number of deputies and any clerical assistant required by the duties of the office. The Sheriff may also appoint a number of deputies to the ranks of chief deputy, captain, lieutenant, and sergeant as his duties and responsibilities require. The cost and expense of these supervisory, administrative, and clerical positions, including salaries, shall be as provided in the budget of the county by the County Executive and as approved by the County Council. All full-time employees under this subsection 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. Part-time deputies may not be employed by the Sheriff's Office. However, the Sheriff may appoint as part-time deputies persons employed in specific plants, institutions, colleges, and hospitals situated within Baltimore County who are limited to service only within the particular facility where they are employed, and who may not be compensated by Baltimore County for their services.

(3) (i) This paragraph applies to all full-time deputy sheriffs in the Baltimore County Sheriff's Office at the rank of lieutenant and below.

(ii) 1. Full-time deputy sheriffs at the rank of lieutenant and below may:

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

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

C. 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;

D. Subject to subsubparagraph 2 of this subparagraph, enter into a collective bargaining agreement, through their exclusive representation unit, covering those wages and benefits not regulated by the Sheriff; and

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

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

(iii) 1. A labor organization shall be deemed certified as an exclusive representation unit if the following conditions are met:

A. 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

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

2. 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.

3. 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.

4. The costs associated with the American Arbitration Association and the third-party neutral shall be shared equally by the parties.

(iv) 1. Following certification of an exclusive representation unit as provided in subparagraph (iii) of this paragraph, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

2. The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Office of the Sheriff of matters agreed on in its budget request to the County Council.

(v) 1. A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

2. The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

3. An agreement reached in accordance with this subparagraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.

4. A. Subject to subsubsubparagraph B of this subsubparagraph, 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.

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

(vi) Nothing in this paragraph 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.

(f) Calvert County.-

(1) (i) The Sheriff of Calvert County shall receive an annual salary of:

1. $78,000 for calendar year 2006;

2. $81,000 for calendar year 2007;

3. $84,000 for calendar year 2008; and

4. $87,000 for calendar year 2009 and each subsequent calendar year.

(ii) 1. On or after January 1, 2011, the County Commissioners may pay to the Sheriff additional compensation equal to the amount of contributions the County Commissioners would have made to the Calvert County Employees' Savings Plan on behalf of the Sheriff for the years of service the Sheriff accrued as the Sheriff of Calvert County prior to joining the Calvert County Employees' Savings Plan.

2. The amount payable in subsubparagraph 1 of this subparagraph may be made in one or more payments as deemed appropriate by the County Commissioners.

(2) The Sheriff may appoint deputy sheriffs in the number and at the salary approved by the County Commissioners. The deputy sheriffs shall serve under the direction of the Sheriff. Within one year of their appointment, they shall complete the course prescribed for police officers by the Maryland Police Training Commission. The deputy sheriffs funded by the County Commissioners will become merit system employees of the Calvert County Sheriff's Office upon completion of their initial probation period and may not be dismissed without cause, except the deputy sheriffs funded through grants or other sources may be dismissed without cause when the funding source is depleted. There may be no honorary deputy sheriffs of Calvert County and no one is authorized to carry badges, certificates, or other materials for the purpose of identifying the bearer as an honorary deputy sheriff. However, the Sheriff may appoint as special deputy sheriffs any members of the police force of the towns of North Beach or Chesapeake Beach who shall have all of the powers and authority of the deputy sheriffs. The County Commissioners are authorized to reimburse the towns of North Beach and Chesapeake Beach in whole or in part for services performed by the special deputy sheriffs outside the town limits.

(3) The Sheriff may appoint 1 full-time assistant sheriff who shall:

(i) Serve under the direction of the Sheriff; and

(ii) Be designated by the Sheriff as a line officer.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, any Sheriff of Calvert County who, since 1948, has served for three or more terms shall receive a pension when he leaves office in the annual amount of $150 for each year served. This pension shall be paid not less frequently than once a month.

(ii) This paragraph does not apply to a term of office that begins on or after July 1, 1988.

(5) (i) The County Commissioners of Calvert County may provide in their annual budget for a pension to be paid to the surviving spouse, if any, of any Sheriff of Calvert County who was in office as of October 1970.

(ii) The pension shall be in the amount of $250 a month and shall be paid to the surviving spouse, if any, for the life of that surviving spouse.

(6) (i) This paragraph applies to an individual who:

1. On or after July 1, 2008, serves as the Sheriff of Calvert County; and

2. As the Sheriff of Calvert County does not participate in the Employees' Pension System under Title 23 of the State Personnel and Pensions Article.

(ii) An individual described in subparagraph (i) of this paragraph may participate in the Calvert County Employees' Savings Plan.

(g) Caroline County.-

(1) The Sheriff of Caroline County shall receive an annual salary of $80,000.

(2) (i) The sheriff may appoint:

1. Deputy sheriffs and other personnel in accordance with the county budget; and

2. A chief deputy sheriff, or the managerial equivalent, who shall serve at the pleasure of the sheriff.

(ii) The sheriff may not refuse to reappoint a deputy sheriff without just cause.

(h) Carroll County.-

(1) The Sheriff of Carroll County shall receive an annual salary as follows:

(i) $71,532 beginning December 5, 2006;

(ii) $72,963 beginning December 4, 2007;

(iii) $74,422 beginning December 9, 2008; and

(iv) $75,910 beginning December 8, 2009, and thereafter.

(2) The Sheriff may employ the number of personnel necessary for the proper execution of the duties of office. Personnel shall receive the compensation set by the County Commissioners.

(3) Personnel employed by the Sheriff shall be placed on a probationary status and may be dismissed by the Sheriff for any reason. After the probationary period, personnel may only be disciplined or dismissed for just cause:

(i) In accordance with the Law Enforcement Officers' Bill of Rights, if the employee's rights are covered under this bill of rights; or

(ii) In accordance with the personnel rules and regulations of the Carroll County Sheriff's Office, if the employee's rights are not covered under the Law Enforcement Officers' Bill of Rights.

(4) Except for an appeal taken pursuant to the Law Enforcement Officers' Bill of Rights, an appeal by an aggrieved party shall be taken to the Circuit Court for Carroll County.

(5) The Sheriff may also appoint a chief deputy and a warden who shall serve at the pleasure of the Sheriff.

(6) (i) Subject to subparagraph (ii) of this paragraph, the Sheriff of Carroll County may appoint special deputy sheriffs who are:

1. Members of the police force of a Carroll County municipal corporation;

2. Selected by the chief of police of the municipal corporation; and

3. Verified by the chief of police of the municipal corporation as having achieved at least the minimum level of training for police duties in a municipality as designated by the Maryland Police Training Commission.

(ii) The appointment of special deputy sheriffs under subparagraph (i) of this paragraph is subject to the following conditions:

1. The Sheriff may assign the duties of special deputies;

2. The Sheriff may terminate the appointment of a special deputy sheriff at will or on completion of the assignment for which the special deputy was appointed;

3. A special deputy sheriff shall remain an employee of the municipal corporation for the purpose of unemployment insurance or employee benefits; and

4. The Sheriff's liability insurance coverage within its terms shall be provided to a special deputy sheriff under this subsection only when the special deputy is acting within the special deputy's official duties.

(i) Cecil County.-

(1) (i) The Sheriff of Cecil County shall receive an annual salary of:

1. $64,000 for calendar year 2007;

2. $66,500 for calendar year 2008;

3. $69,000 for calendar year 2009; and

4. $71,500 for calendar year 2010 and for each subsequent year.

(ii) In addition, the Sheriff shall receive the benefits and reimbursements for reasonable expenses in the performance of duties as provided in the Cecil County budget or by law, including, where appropriate:

1. Reimbursements under the Standard State Travel Regulations; and

2. Participation in the health care plan that is negotiated for county employees.

(iii) 1. The Sheriff shall appoint a chief deputy sheriff, a community adult rehabilitation center administrator, a detention center director, a detention center deputy director, a law enforcement director, law enforcement personnel, and a personal secretary to the Sheriff.

2. The Sheriff may remove the chief deputy sheriff, community adult rehabilitation center administrator, detention center director, detention center deputy director, law enforcement director, and personal secretary to the Sheriff at any time whether or not for cause.

(iv) The Sheriff shall appoint full-time or part-time employees, as provided in the county budget, to perform the duties of the Sheriff's department. These employees shall include:

1. Deputy sheriffs to perform law enforcement functions;

2. Deputy sheriffs to perform correctional functions;

3. Clerical and other civilian employees;

4. A director of the detention center; and

5. A community adult rehabilitation center administrator.

(v) Except for the chief deputy sheriff, each employee of the Sheriff's department shall serve a probationary period of 12 months. The Sheriff may extend the probationary period for cause.

(vi) During the probationary period of an employee in the Sheriff's department:

1. The employee shall satisfactorily complete any certification or training program specified by the Sheriff; and

2. The determination of an employee's qualifications and ability to serve in the position of a permanent nonprobationary employee shall be within the sole discretion of the Sheriff.

(vii) Except for the chief deputy sheriff, community adult rehabilitation center administrator, 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:

1. Shall be governed by the rank, salary, and benefit structures of the Cecil County personnel policy; and

2. Except as provided in subparagraph (viii) of this paragraph, upon completion of the probationary period, shall be subject to the Cecil County personnel regulations and policies in all matters.

(viii) Law enforcement officers and correctional officers of the Sheriff's department may be terminated only for just cause.

(ix) Nothing in this subsection shall affect the rights and protections accorded an employee under any other provision of law.

(2) The County Commissioners shall pay the cost of all necessary expenses incurred by the Sheriff and his staff.

(3) The Sheriff of Cecil County shall have the authority to formulate and administer a plan that includes the method of supervision to use inmates 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.

(4) (i) This paragraph applies only to all full-time sworn law enforcement deputy sheriffs in the Office of the Sheriff of Cecil County at the rank of Sergeant and below.

(ii) A full-time sworn law enforcement deputy sheriff at the rank of Sergeant 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 the exclusive representative of the deputy sheriffs subject to this paragraph;

3. Engage in collective bargaining with the Sheriff and the County Commissioners of Cecil County, or the designee of the Sheriff and the County Commissioners, concerning wages, benefits, and any working conditions that are not included in subparagraph (v)4A of this paragraph through a labor organization certified as the exclusive representative of the deputy sheriffs subject to this paragraph;

4. Subject to item 2 of this subparagraph, enter into a collective bargaining agreement, through the exclusive representative of the deputy sheriffs subject to this paragraph, covering the wages, benefits, and other working conditions of the deputy sheriffs subject to this paragraph, to the extent that the agreement does not impair the rights of the Sheriff set forth in subparagraph (v)4 of this paragraph; and

5. Decertify a labor organization as the exclusive representative of the deputy sheriffs subject to this paragraph.

(iii) 1. A labor organization seeking certification as an exclusive representative must submit a petition to the Sheriff and the County Commissioners that is signed by more than 50% of the sworn law enforcement deputy sheriffs at the rank of Sergeant and below indicating the desire of the deputy sheriffs subject to this paragraph to be represented exclusively by the labor organization for the purpose of collective bargaining.

2. If the Sheriff and the County Commissioners 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.

3. If the Sheriff or the County Commissioners 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.

4. The costs associated with the appointment of a neutral third party shall be shared equally by the parties.

5. A labor organization shall be deemed decertified if a petition is submitted to the Sheriff and the County Commissioners that is signed by more than 50% of the full-time sworn law enforcement deputy sheriffs at the rank of Sergeant and below indicating the desire of the deputy sheriffs to decertify the labor organization as the exclusive representative of the deputy sheriffs subject to this paragraph.

(iv) 1. Following certification of an exclusive representative as provided in subparagraph (iii) of this paragraph, the certified labor organization and the Sheriff and the County Commissioners shall meet at reasonable times and engage in collective bargaining in good faith.

2. The certified labor organization, the Sheriff, and the County Commissioners 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 upon in its budget request to the County Commissioners.

3. A. If the certified labor organization and the Sheriff and the County Commissioners are unable to reach an agreement before the date set forth in subsubparagraph 2 of this subparagraph, either the certified labor organization or the Sheriff and the County Commissioners may seek nonbinding mediation through the Federal Mediation and Conciliation Service.

B. A party seeking nonbinding mediation under subsubsubparagraph A of this subsubparagraph 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.

C. The costs associated with the mediator or mediation process shall be shared equally by the parties.

D. The certified labor organization, the Sheriff, and the County Commissioners 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.

E. The contents of the mediation proceedings may not be disclosed by any of the parties or the mediator.

4. The governing body of Cecil County shall enact a local ordinance that allows for nonbinding arbitration if the certified labor organization, the Sheriff, and the County Commissioners are unable to reach an agreement through mediation under subsubparagraph 3 of this subparagraph.

(v) 1. A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

2. 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.

3. A collective bargaining agreement reached in accordance with this paragraph shall be in writing and signed by the certified representatives of the parties involved in the collective bargaining negotiations.

4. Except as provided in the code and regulations of Cecil County, the provisions of this subparagraph and any agreement made under it may not impair the right and the responsibility of the Sheriff to:

A. 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;

B. 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;

C. Assign and retain deputy sheriffs in positions within the office;

D. Determine and set work projects, tours of duty, schedules, assignments, and methods, means, and personnel by which operations are conducted;

E. Determine and set technology needs, internal security practices, equipment, and the location of facilities;

F. Maintain and improve the efficiency and effectiveness of operations;

G. 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 deputy sheriffs up to the rank of Sergeant and the number and composition of trial boards for the discipline process for deputy sheriffs at the rank of Sergeant and below are subject to collective bargaining;

H. Determine and set the qualifications of deputy sheriffs for appointment and promotions; and

I. 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.

5. 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 and the County Commissioners.

(vi) Nothing in this paragraph may be construed to:

1. 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

2. Authorize the collection of mandatory membership fees from nonmembers of the employee organization.

(j) Charles County.-

(1) The salary for the Sheriff of Charles County is equal to the salary of a Department of State Police lieutenant colonel, at the highest available step for a lieutenant colonel under the Department of State Police pay plan in effect on the day prior to the day that the Sheriff begins a term of office.

(2) Any change in the salary paid under the Department of State Police pay plan during the term of Office of the Sheriff may not apply to the incumbent Sheriff, but the changed rate shall take effect at the beginning of the next following term of office.

(3) The Sheriff, in accordance with rules and regulations developed by the Board of County Commissioners and the Sheriff, shall appoint the number of deputy sheriffs that the Board of County Commissioners of Charles County and the Sheriff consider necessary.

(4) The books of the Sheriff shall be audited annually, and copies of the audit published by the County Commissioners in local newspapers.

(5) (i) This paragraph applies to all full-time, merit system sworn law enforcement officers and correctional officers in the Charles County Sheriff's Office at a rank of sergeant or below.

(ii) This paragraph does not apply to the following employees in the Charles County Sheriff's Office:

1. Sworn law enforcement officers or correctional officers in the Charles County Sheriff's Office at a rank of lieutenant or above;

2. Employees in appointed positions;

3. Civilian merit system employees;

4. Full-time reduced hours employees;

5. Part-time employees;

6. Contractual employees;

7. Temporary employees;

8. Emergency employees; or

9. Employees whose employment is administered under the county policies and procedures manual.

(iii) 1. A sworn law enforcement officer or correctional officer subject to this paragraph has the right to:

A. Take part in or refrain from taking part in forming, joining, supporting, or participating in any employee organization or its lawful activities;

B. Be represented by an exclusive representative, if any, in collective bargaining; and

C. Engage in other concerted activities for the purpose of collective bargaining.

2. Sworn law enforcement officers and correctional officers subject to this paragraph may seek recognition in order to organize and bargain collectively in good faith with the Sheriff or the Sheriff's designee concerning the following matters:

A. Compensation, excluding salary, wages, and those benefits determined, offered, administered, controlled, or managed by the County Commissioners of Charles County;

B. Leave, holidays, and vacations; and

C. Hours, working conditions, and job security.

3. A sworn law enforcement officer or correctional officer who is a member of a bargaining unit with an exclusive representative may discuss any matter with the employer without the intervention of the exclusive representative.

4. A sworn law enforcement officer or correctional officer who is not a member of a bargaining unit with an exclusive representative may be required to pay a proportional service fee for costs associated with the administration and enforcement of any agreement that benefits the affected employees. An exclusive representative shall be selected in accordance with the procedures set forth in subparagraph (v) of this paragraph.

5. This paragraph does not require that sworn law enforcement officers and correctional officers be represented by the same exclusive representative.

(iv) The Sheriff and the Office of the Sheriff for Charles County, through their appropriate officers and employees, may:

1. Determine the:

A. Mission;

B. Budget;

C. Organization;

D. Numbers, types, and grades of employees assigned;

E. Work projects, tours of duty, and methods, means, and personnel by which its operations are conducted;

F. Technology needs;

G. Internal security practices; and

H. Relocation of its facilities;

2. Maintain and improve the efficiency and effectiveness of governmental operations;

3. Determine the services to be rendered, operations to be performed, and technology to be used;

4. Determine the overall methods, processes, means, and classes of work or personnel by which governmental operations are to be conducted;

5. Hire, direct, supervise, and assign employees;

6. A. Promote, demote, discipline, discharge, retain, and lay off employees; and

B. Terminate employment because of lack of funds, lack of work, a determination by the employer that continued work would be inefficient or nonproductive, or for other legitimate reasons;

7. Set the qualifications of employees for appointment and promotions;

8. Set standards of conduct;

9. Adopt office rules, regulations, and procedures;

10. Provide a system of merit employment according to a standard of business efficiency; and

11. Take actions, not otherwise specified in this paragraph, to carry out the mission of the Office of the Sheriff of Charles County.

(v) 1. Except as provided in subsubparagraph 2 of this subparagraph, an exclusive representative may not be recognized by the Sheriff unless that representative is selected and certified by the Department of Labor, Licensing, and Regulation.

2. Any petition to be recognized that is submitted on behalf of the sworn law enforcement officers shall be accompanied by a showing of interest supported by at least 51% of the sworn law enforcement officers indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining.

3. Any petition to be recognized that is submitted on behalf of the correctional officers shall be accompanied by a showing of interest supported by at least 51% of the correctional officers indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining.

(vi) 1. A. The Sheriff may designate at least one, but not more than three, individuals to represent the Sheriff in collective bargaining.

B. The exclusive representative shall designate at least one, but not more than three, individuals to represent the exclusive representative in collective bargaining.

2. The parties shall meet at reasonable times and engage in collective bargaining in good faith.

3. Negotiations or matters relating to negotiations shall be considered closed sessions under § 10-508 of the State Government Article.

4. The parties shall make every reasonable effort to conclude negotiations in a timely manner for inclusion by the Sheriff and the Office of the Sheriff of Charles County in its budget request to the County Commissioners of Charles County.

5. Negotiations for an agreement shall begin on or before each July 1 of the year before the expiration of any existing agreement.

(vii) To the extent that any matters negotiated between the Sheriff and the collective bargaining unit require legislative approval or the appropriation of funds, the matters shall be recommended to the General Assembly for the approval of legislation or to the County Commissioners for the appropriation of funds.

(viii) An agreement is not valid if it extends for less than 1 year or for more than 2 years.

(ix) 1. An agreement shall contain all matters of agreement reached in the collective bargaining process.

2. An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the Sheriff and the exclusive representative involved in the collective bargaining negotiations.

3. An agreement is not effective until it is ratified by the Sheriff and a majority of the votes cast by the employees in the bargaining unit.

4. A modification to an existing agreement is not valid unless it is in writing and ratified by the Sheriff and a majority of the votes cast by the employees in the bargaining unit.

(x) This paragraph does not authorize a sworn law enforcement officer or correctional officer to engage in a strike as defined in § 3-303 of the State Personnel and Pensions Article.

(xi) Nothing in this paragraph shall be construed as subjecting disciplinary matters or the disciplinary process to negotiation as part of the collective bargaining process.

(k) Dorchester County.-

(1) (i) The Sheriff of Dorchester County shall receive an annual salary of:

1. $65,500 for calendar year 2009;

2. $65,500 for calendar year 2010;

3. $85,000 for calendar year 2011;

4. $86,500 for calendar year 2012;

5. $88,000 for calendar year 2013; and

6. $89,500 for calendar year 2014.

(ii) For calendar year 2015 and thereafter, the Sheriff of Dorchester County shall receive the same annual salary as paid in 2014.

(iii) The Sheriff of Dorchester County shall be allowed the actual operating costs of the Sheriff's Office, including the maintenance of automobiles.

(2) (i) The Sheriff shall appoint a chief deputy sheriff, or the managerial equivalent, who shall serve at the pleasure of the Sheriff.

(ii) If an employee of the Sheriff's Office is appointed as chief deputy sheriff and is subsequently removed from the chief deputy sheriff's position for other than cause, the person may resume the employment status held prior to the appointment to the chief deputy sheriff's position.

(iii) The chief deputy sheriff shall:

1. Perform all duties assigned by the Sheriff; and

2. If the Sheriff is temporarily incapacitated or there is a vacancy in the Office of the Sheriff, perform all legal functions of the Sheriff.

(iv) If the Sheriff becomes incapacitated and the position of chief deputy sheriff is vacant, the County Council shall appoint an acting chief deputy sheriff to serve until the Sheriff is reactivated or replaced.

(v) The County Council shall approve the salary of the chief deputy sheriff.

(3) (i) The Sheriff may appoint probationary deputy sheriffs, deputy sheriffs, investigators, communications officers, secretaries, supervisors, administrators, and other staff as approved in the county budget.

(ii) The County Council shall approve the salaries for all staff appointed by the Sheriff.

(iii) The Sheriff may not refuse to reappoint a deputy sheriff without just cause.

(l) Frederick County.-

(1) The Sheriff of Frederick County shall receive a salary of $100,000. The Sheriff shall appoint deputies as necessary, at salaries of at least $2,400, and jail wardens as necessary, at salaries of at least $1,320 each. The Sheriff also may appoint additional temporary deputy sheriffs as the Sheriff considers necessary for the public safety, with the approval of the Board of County Commissioners. The County Commissioners shall allow reasonable compensation for the temporary additional deputy sheriffs and the temporary deputies may not serve longer than the occasion requires. The Sheriff may appoint a chief deputy who shall serve at the pleasure of the Sheriff.

(2) Any deputy sheriff, with the exception of the chief deputy, appointed according to this section shall be placed on a probationary status for at least 18 months of continuous employment and may be dismissed by the Sheriff for any reason during the probationary period.

(3) All full-time civilian employees are subject to the county personnel regulations with regard to qualifications for hiring, promotion, compensation and disciplinary action. 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.

(4) (i) The Sheriff of Frederick County may appoint special deputy sheriffs who are:

1. Members of the police force of a Frederick County municipality;

2. Selected by the chief of police of the municipality; and

3. 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 Commission.

(ii) The appointment of special deputy sheriffs under this paragraph is subject to the following conditions:

1. The Sheriff may assign the duties of special deputies;

2. 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;

3. The special deputy sheriff is not an employee of Frederick County for the purpose of employment security or employee benefits; and

4. County liability insurance coverage within its terms shall be provided to a special deputy sheriff under this subsection only when the special deputy is acting within the special deputy's official duties.

(5) (i) This paragraph applies to all full-time deputy sheriffs in the Frederick County Sheriff's Office at the rank of sergeant and below.

(ii) 1. Full-time deputy sheriffs at the rank of sergeant and below may:

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

B. Select a labor organization as their exclusive representative;

C. Engage in collective bargaining with the Sheriff, or the Sheriff's designee, concerning wages and benefits, not regulated by the Sheriff, through a labor organization certified as their exclusive representative;

D. Subject to subsubparagraph 2 of this subparagraph, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits not regulated by the Sheriff; and

E. Decertify a labor organization as their exclusive representative.

2. Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the Board of County Commissioners of Frederick County.

(iii) 1. A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:

A. 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

B. The petition is submitted to the Sheriff.

2. 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.

3. 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.

4. The costs associated with the American Arbitration Association and the third party neutral shall be shared equally by the parties.

(iv) 1. Following certification of an exclusive representative as provided in subparagraph (iii) of this paragraph, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

2. The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Office of the Sheriff of matters agreed upon in its budget request to the Board of County Commissioners of Frederick County.

(v) 1. A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

2. The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

3. An agreement reached in accordance with this subparagraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.

B. Additional funding, if any, required as a result of the agreement shall be subject to the approval of the Board of County Commissioners.

(vi) Nothing in this paragraph 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.

(6) (i) This paragraph applies to all full-time correctional officers in the Frederick County Sheriff's Office at the rank of sergeant and below.

(ii) 1. Full-time correctional officers at the rank of sergeant and below may:

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

B. Select a labor organization as their exclusive representative;

E. Decertify a labor organization as their exclusive representative.

2. Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the Board of County Commissioners of Frederick County.

(iii) 1. A labor organization shall be deemed certified as an exclusive representative if the following conditions are met:

A. 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

B. The petition is submitted to the Sheriff.

4. The costs associated with the American Arbitration Association and the third party neutral shall be shared equally by the parties.

(v) 1. A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

2. The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

3. An agreement reached in accordance with this subparagraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.

4. A. Subject to subsubsubparagraph B of this subsubparagraph, 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.

B. Additional funding, if any, required as a result of the agreement shall be subject to the approval of the Board of County Commissioners.

(vi) Nothing in this paragraph 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.

(m) Garrett County.-

(1) (i) The Sheriff of Garrett County shall receive:

1. $28,250 for calendar year 1991;

2. $30,500 for calendar year 1992;

3. $32,750 for calendar year 1993;

4. $35,000 for calendar year 1994; and

5. For each subsequent year, the salary set by the County Commissioners in accordance with Chapter 91 of the Public Local Laws of Garrett County.

(ii) The Sheriff is entitled to a sum set by the County Commissioners, for expenses.

(2) The Sheriff shall employ deputies as needed, within the budgetary limits, at salaries of at least $5,200 each, one of whom shall act as warden of the jail, and a matron for the jail who shall also perform clerical duties at the salary set by the Sheriff. The Sheriff may employ additional special deputies whose compensation shall be approved by the County Commissioners.

(3) The Sheriff and the deputy sheriffs shall be allowed extra car mileage and out-of-county mileage at the rate of 14 cents per mile. This mileage allowance shall not be payable if the Sheriff's Office is furnished with automobiles.

(4) The Sheriff shall be reimbursed for the expenses of boarding prisoners committed to the county jail, to be paid monthly upon vouchers submitted by him to the County Commissioners of Garrett County. He shall also submit with these vouchers an affidavit sworn to by him upon personal knowledge showing for each day of the month just passed the number of prisoners boarded by him. The Sheriff may appoint a cook for the jail who shall receive a salary of at least $2,400. The Sheriff, deputies, and cook shall each receive an additional allowance of $200 per year for uniforms and cleaning.

(5) (i) This paragraph does not apply to the Sheriff or chief deputy sheriff.

(ii) Deputy sheriffs and other employees of the Sheriff's Office are included in the Garrett County classified service system.

(n) Harford County.-

(1) (i) The Sheriff of Harford County shall receive a salary of:

1. $90,000 in 2004; and

2. $98,500 commencing January 1, 2007, thereafter to be adjusted annually on July 1 in accordance with subparagraph (ii) of this paragraph.

(ii) 1. On and after July 1, 2007, the annual salary of the Sheriff of Harford County shall be adjusted annually to reflect the annual change in the "Consumer Price Index" for "All urban consumers" for the expenditure category "All items not seasonally adjusted", and for all regions. The Annual Consumer Price Index for the period ending each December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, shall be used to adjust the annual salary of the Sheriff of Harford County while in office.

2. Notwithstanding subsubparagraph 1 of this subparagraph, the adjustment to the annual salary of the Sheriff of Harford County may not exceed 3 percent in any fiscal year.

(2) The Sheriff may not have employment outside of that position unless:

(i) The employment is a part-time teaching position; and

(ii) The total maximum yearly income from the outside employment under this paragraph is $2,500 or less.

(3) The Sheriff shall appoint the number of deputies at the compensation provided in the county budget.

(4) The Sheriff may appoint as a special deputy sheriff:

(i) The chief of police of a Harford County municipality; or

(ii) A member of the police force of a Harford County municipality who is certified by the Maryland Police Training Commission.

(5) A special deputy sheriff appointed under this subsection is not an employee of the Sheriff or of Harford County.

(6) (i) Except as provided in subparagraph (ii) of this paragraph, an employee of the Harford County Sheriff's Office may not be terminated without just cause.

(ii) Subparagraph (i) of this paragraph does not apply to:

1. The chief deputy;

2. A lieutenant colonel or major;

3. The secretary for the Sheriff;

4. A deputy or employee on probationary status; or

5. The warden of the Harford County Detention Center.

(7) (i) A lieutenant colonel or major serves at the pleasure of the Sheriff.

(ii) A lieutenant colonel, major, or captain may not be reduced below the rank of lieutenant without just cause.

(8) The Sheriff of Harford County shall have the authority to formulate and administer a plan that includes the method of supervision to use inmates from the Harford County Detention Center 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.

(o) Howard County.-

(1) (i) The Sheriff of Howard County shall receive an annual salary as follows:

1. $65,000 for calendar year 2005;

2. $66,500 for calendar year 2006;

3. $77,500 for calendar year 2007;

4. $80,000 for calendar year 2008;

5. $82,500 for calendar year 2009; and

6. $85,000 for calendar year 2010.

(ii) The Sheriff shall appoint the number of deputies authorized by the county government. The compensation of the deputies shall be set by the county government.

(2) (i) Each full-time deputy sheriff at the rank of lieutenant or below appointed by the Sheriff on or after October 1, 2005:

1. Shall be required by the Sheriff to serve an initial probationary period of 12 months; and

2. May be dismissed by the Sheriff for any reason only during the initial probationary period.

(ii) The Sheriff may extend the probationary period for reasonable cause.

(iii) During the probationary period, the Sheriff has exclusive discretion to determine whether a probationary deputy sheriff has the qualifications and ability to serve in the position of a permanent nonprobationary employee.

(iv) Each probationary deputy sheriff shall be required to complete the minimum number of hours mandated for law enforcement agencies established by the Maryland Police Training Commission.

(v) After the probationary period, a full-time deputy sheriff at a rank of lieutenant or below may be disciplined or dismissed only for just cause:

1. In accordance with the Law Enforcement Officers' Bill of Rights, if the employee's rights are covered under this bill of rights; or

2. In accordance with the personnel rules and regulations of the Howard County Sheriff's Office, if the employee's rights are not covered under the Law Enforcement Officers' Bill of Rights.

(vi) Except for an appeal taken pursuant to the Law Enforcement Officers' Bill of Rights, an appeal by an aggrieved party shall be taken to the Circuit Court for Howard County.

(3) The Sheriff may appoint additional temporary deputy sheriffs when necessary for the public safety and the county government shall allow them reasonable compensation. These deputies may not serve longer than the case actually requires.

(4) The primary duties of the Sheriff are the following:

(i) The security of the circuit court, and the performance of such duties as may be required of the Sheriff by that court;

(ii) The service of process of writs, summonses, orders, petitions, subpoenas, warrants, orders to show cause, and other legal papers; and

(iii) Additional duties, including law enforcement as may be requested by law enforcement or other criminal justice agencies, the circuit court, or the county government, when necessary for the public safety.

(p) Kent County.-

(1) The Sheriff of Kent County shall receive a salary of:

(i) $67,000 for the calendar year 2009;

(ii) $68,000 for the calendar year 2010;

(iii) $82,000 for the calendar year 2011;

(iv) $83,000 for the calendar year 2012;

(v) $84,000 for the calendar year 2013; and

(vi) $85,000 for the calendar year 2014 and each calendar year thereafter.

(2) At the discretion of the County Commissioners, the Sheriff shall receive county-owned automobiles as may be necessary to operate the Sheriff's department.

(3) (i) The Sheriff shall appoint a chief deputy sheriff, or the managerial equivalent, who shall:

1. Receive a salary of at least $8,000; and

2. Serve at the pleasure of the Sheriff.

(ii) The Sheriff may not refuse to reappoint a deputy sheriff without just cause.

(4) The Sheriff and the Sheriff's deputies shall be paid allowances as the Commissioners may deem necessary.

(5) The County Commissioners may authorize additional deputies as necessary and shall set their compensation at the time of their appointment.

(6) The County Commissioners may authorize the Sheriff to appoint as part-time deputies individuals employed in specific plants, schools, hospitals, institutions, business enterprises, and land development tracts situated within Kent County who are limited to service only within the particular facility where they are employed, and who may not be compensated by Kent County for their services.

(q) Montgomery County.-

(1) It is the