WES MOORE, Governor Ch. 91
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Chapter 91
(House Bill 763)
AN ACT concerning
Montgomery County – Collective Bargaining for Sheriff’s Office Employees –
Binding Arbitration Procedures
MC 13–23
FOR the purpose of requiring that the procedures for declaring an impasse and submitting
a dispute to binding arbitration be conducted in accordance with certain provisions
of the Montgomery County Code if the Sheriff of Montgomery County and a
bargaining representative are unable to reach agreement during negotiations on
matters applicable to employees of the Montgomery County Sheriff’s Office; and
generally relating to collective bargaining for employees of the Montgomery County
Sheriff’s Office.
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 2–329(a) and (b)
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 2–329(f)
Annotated Code of Maryland
(2020 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
2–329.
(a) This section applies only in Montgomery County.
(b) It is the intent of the General Assembly to:
(1) Protect the right to bargain of the Montgomery County Executive and
the Montgomery County Sheriff;
Ch. 91 2023 LAWS OF MARYLAND
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(2) Preserve a single master collective bargaining agreement to the extent
that a single exclusive bargaining representative represents multiple units of employees
covered under the Montgomery County Collective Bargaining Law; and
(3) Streamline, facilitate, and make more ef fective the collective
bargaining process by ensuring that there shall be a single collective bargaining agreement
with both the Montgomery County government and the Montgomery County Sheriff’s Office
if a single exclusive bargaining representative represents both county government
employees and employees of the Sheriff’s Office.
(f) (1) Nonprobationary deputy sheriffs below the rank of lieutenant and
nonprobationary civilian employees as defined in the Montgomery County Code, §
33–102(4), shall have the right to organize and bargain collectively in accordance with the
Montgomery County Code, Chapter 33, Article VII, with regard to compensation, pension
for active employees, fringe benefits, hours, and terms and conditions of employment,
including performance evaluation procedures.
(2) Employees, other than the assistant sheriffs, are subject to the county
merit system law and personnel regulations and may be excluded from those provisions
only to the extent that the applicability of those provisions is made the subject of collective
bargaining.
(3) (i) As to the employees described in paragraph (1) of this subsection,
the County Executive shall be considered the employer of the employees under the
Montgomery County Code, Chapter 33, Article VII, only for the purpose of collective
bargaining for compensation, pension, fringe benefits, and hours.
(ii) If a single bargaining representative represents both county
government employees and employees of the Sheriff’s Office, any and all terms and
conditions of employment set forth in any current and subsequent collective bargaining
agreement between the county government and the bargaining representative shall be
applicable to employees of the Sheriff’s Office unless different terms and conditions of
employment are negotiated by the Sheriff in accordance with paragraph (4) of this
subsection.
(4) (i) The Sheriff shall be considered the employer for all other
purposes and shall be considered the employer under the Montgomery County Code,
Chapter 33, Article VII, for all other terms and conditions of employment.
(ii) If a single bargaining representative represents both county
government employees and employees of the Sheriff’s Office, the Sheriff shall bargain only
over particular matters, not involving compensation, pension, fringe benefits, and hours,
applicable to employees of the Sheriff’s Office.
(iii) If the Sheriff and the bargaining representative disagree over
whether a matter is applicable to employees of the Sheriff’s Office, the dispute shall be WES MOORE, Governor Ch. 91
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resolved by the Labor Relations Administrator appointed under Chapter 33, Article VII of
the Montgomery County Code, following the procedures for the resolution of prohibited
practices charges and consistent with the General Assembly’s intent to preserve a single
master collective bargaining agreement.
(IV) IF THE SHERIFF AND THE BARGA INING REPRESENTATIVE
ARE UNABLE TO REACH AN AGREEMENT DURING NEGOTIATIONS ON MATTERS
APPLICABLE TO EMPLOY EES OF THE SHERIFF’S OFFICE, THE PROCEDURES FOR
DECLARING AN IMPASSE AND SUBMITTING A DIS PUTE TO BINDING ARBI TRATION
SHALL BE CONDUCTED I N ACCORDANCE WITH CHAPTER 33, ARTICLE VII OF THE
MONTGOMERY COUNTY CODE.
(5) There shall be only one collective bargaining agreement covering both
county government employees and employees of the Sheriff’s Office and any agreements
reached under this paragraph shall be included in an appendix or addendum to the
agreement between the county government and the bargaining representative.
(6) Any required funding for the terms of an agreement negotiated by the
Sheriff under this subsection is subject to the budget and fiscal policies of the county.
(7) Except as provided in the county merit system law and personnel
regulations, the provisions of this subsection and any agreement made under it may not
impair the right and responsibility of the Sheriff to:
(i) Determine the overall mission of the Sheriff’s Office and, subject
to the budget and fiscal policies of the county, the Sheriff’s Office budget;
(ii) Maintain and improve the efficiency and effectiveness of
operations;
(iii) Determine the services to be rendered and the operations to be
performed;
(iv) Determine the overall organizational structure, methods,
processes, means, and personnel by which operations are to be conducted and the location
of facilities;
(v) Direct and supervise employees;
(vi) Hire and select new employees;
(vii) Establish the standards governing promotion of employees,
subject to the county merit system law and personnel regulations;
Ch. 91 2023 LAWS OF MARYLAND
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(viii) Relieve employees from duties because of lack of work or funds
or under conditions when the employer determines continued work would be inefficient or
nonproductive;
(ix) Take actions to carry out the mission of government in situations
of emergency;
(x) Transfer, assign, and schedule employees;
(xi) Determine the size and composition of the workforce, subject to
the county’s budget and fiscal policies;
(xii) Set the standards of productivity and technology;
(xiii) Establish employee performance standards and evaluate
employees;
(xiv) Make and implement systems for awarding outstanding service
increments, extraordinary performance awards, and other merit awards, subject to the
budget and fiscal policies of the county;
(xv) Introduce new or improved technology, research, development,
and services;
(xvi) Control and regulate the use of machinery, equipment, and other
property and facilities of the Sheriff’s Office;
(xvii) Maintain internal security standards;
(xviii) Create, alter, combine, contract out, or abolish any operation,
unit, or other division or service, except that:
1. Contracting out work that will displace employees may not
be undertaken by the employer unless 90 days prior to signing the contract, or on another
date of notice as agreed to by the parties, written notice has been given to the certified
representative and the contracting out of work shall be consistent with any applicable
provision of the Montgomery County Code; and
2. Any displacement of bargaining unit members shall be
conducted in a manner that is consistent with any applicable provision of the Montgomery
County Code and any applicable collective bargaining agreement;
(xix) Suspend, discharge, or otherwise discipline:
1. Sworn employees for cause under the Maryland Law
Enforcement Officers’ Bill of Rights; and WES MOORE, Governor Ch. 91
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2. Civilian employees, subject to the county merit system law
and collective bargaining agreement where applicable, provided that, subject to § 404 of the
Montgomery County Charter, any action to suspend, discharge, or otherwise discipline a
civilian employee may be subject to the grievance procedure set forth in the collective
bargaining agreement; and
(xx) Issue and enforce rules, policies, and regulations necessary to
carry out the functions of this paragraph and all other managerial functions that are not
inconsistent with law or the terms of the collective bargaining agreement.
SECTION 2. AND BE IT FURT HER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, April 11, 2023.