EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0763*
HOUSE BILL 763
D2, L2 3lr0549
By: Montgomery County Delegation
Introduced and read first time: February 8, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Montgomery County – Collective Bargaining for Sheriff’s Office Employees – 2
Binding Arbitration Procedures 3
MC 13–23 4
FOR the purpose of requiring that the procedures for declaring an impasse and submitting 5
a dispute to binding arbitration be conducted in accordance with certain provisions 6
of the Montgomery County Code if the Sheriff of Montgomery County and a 7
bargaining representative are unable to reach agreement during negotiations on 8
matters applicable to employees of the Montgomery County Sheriff’s Office; and 9
generally relating to collective bargaining for employees of the Montgomery County 10
Sheriff’s Office. 11
BY repealing and reenacting, without amendments, 12
Article – Courts and Judicial Proceedings 13
Section 2–329(a) and (b) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2022 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Courts and Judicial Proceedings 18
Section 2–329(f) 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2022 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Courts and Judicial Proceedings 24
2–329. 25 2 HOUSE BILL 763
(a) This section applies only in Montgomery County. 1
(b) It is the intent of the General Assembly to: 2
(1) Protect the right to bargain of the Montgomery County Executive and 3
the Montgomery County Sheriff; 4
(2) Preserve a single master collective bargaining agreement to the extent 5
that a single exclusive bargaining representative represents multiple units of employees 6
covered under the Montgomery County Collective Bargaining Law; and 7
(3) Streamline, facilitate, and make more effective the collective 8
bargaining process by ensuring that there shall be a single collective bargaining agreement 9
with both the Montgomery County government and the Montgomery County Sheriff’s Office 10
if a single exclusive bargaining representative represents both county government 11
employees and employees of the Sheriff’s Office. 12
(f) (1) Nonprobationary deputy sheriffs below the rank of lieutenant and 13
nonprobationary civilian employees as defined in the Montgomery County Code, § 14
33–102(4), shall have the right to organize and bargain collectively in accordance with the 15
Montgomery County Code, Chapter 33, Article VII, with regard to compensation, pension 16
for active employees, fringe benefits, hours, and terms and conditions of employment, 17
including performance evaluation procedures. 18
(2) Employees, other than the assistant sheriffs, are subject to the county 19
merit system law and personnel regulations and may be excluded from those provisions 20
only to the extent that the applicability of those provisions is made the subject of collective 21
bargaining. 22
(3) (i) As to the employees described in paragraph (1) of this subsection, 23
the County Executive shall be considered the employer of the employees under the 24
Montgomery County Code, Chapter 33, Article VII, only for the purpose of collective 25
bargaining for compensation, pension, fringe benefits, and hours. 26
(ii) If a single bargaining representative represents both county 27
government employees and employees of the Sheriff’s Office, any and all terms and 28
conditions of employment set forth in any current and subsequent collective bargaining 29
agreement between the county government and the bargaining representative shall be 30
applicable to employees of the Sheriff’s Office unless different terms and conditions of 31
employment are negotiated by the Sheriff in accordance with paragraph (4) of this 32
subsection. 33
(4) (i) The Sheriff shall be considered the employer for all other 34
purposes and shall be considered the employer under the Montgomery County Code, 35
Chapter 33, Article VII, for all other terms and conditions of employment. 36
HOUSE BILL 763 3
(ii) If a single bargaining representative represents both county 1
government employees and employees of the Sheriff’s Office, the Sheriff shall bargain only 2
over particular matters, not involving compensation, pension, fringe benefits, and hours, 3
applicable to employees of the Sheriff’s Office. 4
(iii) If the Sheriff and the bargaining representative disagree over 5
whether a matter is applicable to employees of the Sheriff’s Office, the dispute shall be 6
resolved by the Labor Relations Administrator appointed under Chapter 33, Article VII of 7
the Montgomery County Code, following the procedures for the resolution of prohibited 8
practices charges and consistent with the General Assembly’s intent to preserve a single 9
master collective bargaining agreement. 10
(IV) IF THE SHERIFF AND THE BARG AINING REPRESENTATIV E 11
ARE UNABLE TO REACH AN AGREEMENT DURING NEGOTIATIONS ON MATTERS 12
APPLICABLE TO EMPLOY EES OF THE SHERIFF’S OFFICE, THE PROCEDURES FOR 13
DECLARING AN IMPASSE AND SUBMITTING A DIS PUTE TO BINDING ARBI TRATION 14
SHALL BE CONDUCTED I N ACCORDANCE WITH CHAPTER 33, ARTICLE VII OF THE 15
MONTGOMERY COUNTY CODE. 16
(5) There shall be only one collective bargaining agreement covering both 17
county government employees and employees of the Sheriff’s Office and any agreements 18
reached under this paragraph shall be included in an appendix or addendum to the 19
agreement between the county government and the bargaining representative. 20
(6) Any required funding for the terms of an agreement negotiated by the 21
Sheriff under this subsection is subject to the budget and fiscal policies of the county. 22
(7) Except as provided in the county merit system law and personnel 23
regulations, the provisions of this subsection and any agreement made under it may not 24
impair the right and responsibility of the Sheriff to: 25
(i) Determine the overall mission of the Sheriff’s Office and, subject 26
to the budget and fiscal policies of the county, the Sheriff’s Office budget; 27
(ii) Maintain and improve the efficiency and effectiveness of 28
operations; 29
(iii) Determine the services to be rendered and the operations to be 30
performed; 31
(iv) Determine the overall organizational structure, methods, 32
processes, means, and personnel by which operations are to be conducted and the location 33
of facilities; 34
(v) Direct and supervise employees; 35
4 HOUSE BILL 763
(vi) Hire and select new employees; 1
(vii) Establish the standards governing promotion of employees, 2
subject to the county merit system law and personnel regulations; 3
(viii) Relieve employees from duties because of lack of work or funds 4
or under conditions when the employer determines continued work would be inefficient or 5
nonproductive; 6
(ix) Take actions to carry out the mission of government in situations 7
of emergency; 8
(x) Transfer, assign, and schedule employees; 9
(xi) Determine the size and composition of the workforce, subject to 10
the county’s budget and fiscal policies; 11
(xii) Set the standards of productivity and technology; 12
(xiii) Establish employee performance standards and evaluate 13
employees; 14
(xiv) Make and implement systems for awarding outstanding service 15
increments, extraordinary performance awards, and other merit awards, subject to the 16
budget and fiscal policies of the county; 17
(xv) Introduce new or improved technology, research, development, 18
and services; 19
(xvi) Control and regulate the use of machinery, equipment, and other 20
property and facilities of the Sheriff’s Office; 21
(xvii) Maintain internal security standards; 22
(xviii) Create, alter, combine, contract out, or abolish any operation, 23
unit, or other division or service, except that: 24
1. Contracting out work that will displace employees may not 25
be undertaken by the employer unless 90 days prior to signing the contract, or on another 26
date of notice as agreed to by the parties, written notice has been given to the certified 27
representative and the contracting out of work shall be consistent with any applicable 28
provision of the Montgomery County Code; and 29
2. Any displacement of bargaining unit members shall be 30
conducted in a manner that is consistent with any applicable provision of the Montgomery 31
County Code and any applicable collective bargaining agreement; 32
HOUSE BILL 763 5
(xix) Suspend, discharge, or otherwise discipline: 1
1. Sworn employees for cause under the Maryland Law 2
Enforcement Officers’ Bill of Rights; and 3
2. Civilian employees, subject to the county merit system law 4
and collective bargaining agreement where applicable, provided that, subject to § 404 of the 5
Montgomery County Charter, any action to suspend, discharge, or otherwise discipline a 6
civilian employee may be subject to the grievance procedure set forth in the collective 7
bargaining agreement; and 8
(xx) Issue and enforce rules, policies, and regulations necessary to 9
carry out the functions of this paragraph and all other managerial functions that are not 10
inconsistent with law or the terms of the collective bargaining agreement. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2023. 13