EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0763*
HOUSE BILL 763
D2, L2 3lr0549
By: Montgomery County Delegation
Introduced and read first time: February 8, 2023
Assigned to: Appropriations
Committee Report: Favorable
House action: Adopted
Read second time: March 10, 2023
CHAPTER ______
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
2 HOUSE BILL 763
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
2–329. 4
(a) This section applies only in Montgomery County. 5
(b) It is the intent of the General Assembly to: 6
(1) Protect the right to bargain of the Montgomery County Executive and 7
the Montgomery County Sheriff; 8
(2) Preserve a single master collective bargaining agreement to the extent 9
that a single exclusive bargaining representative represents multiple units of employees 10
covered under the Montgomery County Collective Bargaining Law; and 11
(3) Streamline, facilitate, and make more effective the c ollective 12
bargaining process by ensuring that there shall be a single collective bargaining agreement 13
with both the Montgomery County government and the Montgomery County Sheriff’s Office 14
if a single exclusive bargaining representative represents both county government 15
employees and employees of the Sheriff’s Office. 16
(f) (1) Nonprobationary deputy sheriffs below the rank of lieutenant and 17
nonprobationary civilian employees as defined in the Montgomery County Code, § 18
33–102(4), shall have the right to organize and bargain collectively in accordance with the 19
Montgomery County Code, Chapter 33, Article VII, with regard to compensation, pension 20
for active employees, fringe benefits, hours, and terms and conditions of employment, 21
including performance evaluation procedures. 22
(2) Employees, other than the assistant sheriffs, are subject to the county 23
merit system law and personnel regulations and may be excluded from those provisions 24
only to the extent that the applicability of those provisions is made the subject of collective 25
bargaining. 26
(3) (i) As to the employees described in paragraph (1) of this subsection, 27
the County Executive shall be considered the employer of the employees under the 28
Montgomery County Code, Chapter 33, Article VII, only for the purpose of collective 29
bargaining for compensation, pension, fringe benefits, and hours. 30
(ii) If a single bargaining representative represents both county 31
government employees and employees of the Sheriff’s Office, any and all terms and 32
conditions of employment set forth in any current and subsequent collective bargaining 33
agreement between the county government and the bargaining representative shall be 34
applicable to employees of the Sheriff’s Office unless different terms and conditions of 35 HOUSE BILL 763 3
employment are negotiated by the Sheriff in accordance with paragraph (4) of this 1
subsection. 2
(4) (i) The Sheriff shall be considered the employer for all other 3
purposes and shall be considered the employer under the Montgomery County Code, 4
Chapter 33, Article VII, for all other terms and conditions of employment. 5
(ii) If a single bargaining representative represents both county 6
government employees and employees of the Sheriff’s Office, the Sheriff shall bargain only 7
over particular matters, not involving compensation, pension, fringe benefits, and hours, 8
applicable to employees of the Sheriff’s Office. 9
(iii) If the Sheriff and the bargaining representative disagree over 10
whether a matter is applicable to employees of the Sheriff’s Office, the dispute shall be 11
resolved by the Labor Relations Administrator appointed under Chapter 33, Article VII of 12
the Montgomery County Code, following the procedures for the resolution of prohibited 13
practices charges and consistent with the General Assembly’s intent to preserve a single 14
master collective bargaining agreement. 15
(IV) IF THE SHERIFF AND THE BARGA INING REPRESENTATIVE 16
ARE UNABLE TO REACH AN AGREEMENT DURING NEGOTIATIONS ON MATTERS 17
APPLICABLE TO EMPLOY EES OF THE SHERIFF’S OFFICE, THE PROCEDURES FOR 18
DECLARING AN IMPASSE AND SUBMITTING A DIS PUTE TO BINDING ARBI TRATION 19
SHALL BE CONDUCTED I N ACCORDANCE WITH CHAPTER 33, ARTICLE VII OF THE 20
MONTGOMERY COUNTY CODE. 21
(5) There shall be only one collective bargaining agreement covering both 22
county government employees and employees of the Sheriff’s Office and any agreements 23
reached under this paragraph shall be included in an appendix or addendum to the 24
agreement between the county government and the bargaining representative. 25
(6) Any required funding for the terms of an agreement negotiated by the 26
Sheriff under this subsection is subject to the budget and fiscal policies of the county. 27
(7) Except as provided in the county merit system law and personnel 28
regulations, the provisions of this subsection and any agreement made under it may not 29
impair the right and responsibility of the Sheriff to: 30
(i) Determine the overall mission of the Sheriff’s Office and, subject 31
to the budget and fiscal policies of the county, the Sheriff’s Office budget; 32
(ii) Maintain and improve the efficiency and effectiveness of 33
operations; 34
(iii) Determine the services to be rendered and the operations to be 35
performed; 36 4 HOUSE BILL 763
(iv) Determine the overall organizational structure, methods, 1
processes, means, and personnel by which operations are to be conducted and the location 2
of facilities; 3
(v) Direct and supervise employees; 4
(vi) Hire and select new employees; 5
(vii) Establish the standards governing promotion of employees, 6
subject to the county merit system law and personnel regulations; 7
(viii) Relieve employees from duties because of lack of work or funds 8
or under conditions when the employer determines continued work would be inefficient or 9
nonproductive; 10
(ix) Take actions to carry out the mission of government in situations 11
of emergency; 12
(x) Transfer, assign, and schedule employees; 13
(xi) Determine the size and composition of the workforce, subject to 14
the county’s budget and fiscal policies; 15
(xii) Set the standards of productivity and technology; 16
(xiii) Establish employee performance standards and evaluate 17
employees; 18
(xiv) Make and implement systems for awarding outstanding service 19
increments, extraordinary performance awards, and other merit awards, subject to the 20
budget and fiscal policies of the county; 21
(xv) Introduce new or improved technology, research, development, 22
and services; 23
(xvi) Control and regulate the use of machinery, equipment, and other 24
property and facilities of the Sheriff’s Office; 25
(xvii) Maintain internal security standards; 26
(xviii) Create, alter, combine, contract out, or abolish any operation, 27
unit, or other division or service, except that: 28
1. Contracting out work that will displace employees may not 29
be undertaken by the employer unless 90 days prior to signing the contract, or on another 30
date of notice as agreed to by the parties, written notice has been given to the certified 31 HOUSE BILL 763 5
representative and the contracting out of work shall be consistent with any applicable 1
provision of the Montgomery County Code; and 2
2. Any displacement of bargaining unit members shall be 3
conducted in a manner that is consistent with any applicable provision of the Montgomery 4
County Code and any applicable collective bargaining agreement; 5
(xix) Suspend, discharge, or otherwise discipline: 6
1. Sworn employees for cause under the Maryland Law 7
Enforcement Officers’ Bill of Rights; and 8
2. Civilian employees, subject to the county merit system law 9
and collective bargaining agreement where applicable, provided that, subject to § 404 of the 10
Montgomery County Charter, any action to suspend, discharge, or otherwise discipline a 11
civilian employee may be subject to the grievance procedure set forth in the collective 12
bargaining agreement; and 13
(xx) Issue and enforce rules, policies, and regulations necessary to 14
carry out the functions of this paragraph and all other managerial functions that are not 15
inconsistent with law or the terms of the collective bargaining agreement. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2023. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.