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.
*hb1034*
HOUSE BILL 1034
D2 4lr2336
CF SB 1160
By: Delegate Smith Baltimore City Delegation (By Request – Baltimore City
Sheriff)
Introduced and read first time: February 7, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2024
CHAPTER ______
AN ACT concerning 1
Baltimore City Sheriff – Staffing 2
FOR the purpose of increasing the number of assistant sheriffs required to be appointed by 3
the Baltimore City Sheriff; authorizing the Sheriff to appoint certain other staff; and 4
generally relating to staff of the Baltimore City Sheriff. 5
BY repealing and reenacting, without amendments, 6
Article – Courts and Judicial Proceedings 7
Section 2–316(a) and (i) 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Courts and Judicial Proceedings 12
Section 2–316(d) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Courts and Judicial Proceedings 18
2–316. 19 2 HOUSE BILL 1034
(a) This section applies only in Baltimore City. 1
(d) (1) The Sheriff shall appoint: 2
(i) An undersheriff or chief deputy sheriff; 3
(ii) [One] THREE assistant [sheriff] SHERIFFS; 4
(iii) Three deputy sheriff majors; 5
(iv) Three deputy sheriff captains; 6
(v) Six deputy sheriff lieutenants; 7
(vi) One secretary sheriff; and 8
(vii) One fiscal clerk sheriff. 9
(2) The Sheriff may appoint [up]: 10
(I) UP to a maximum of: 11
[(i)] 1. 9 deputy sheriff sergeants; 12
[(ii)] 2. 103 deputy sheriffs; 13
[(iii)] 3. 2 domestic violence clerks; and 14
[(iv)] 4. 2 domestic violence advocates; AND 15
(II) 5. SOCIAL 2 SOCIAL WORKERS; AND 16
(III) ANY ADDITIONAL SWORN OR CIVILIAN PERSONNE L THAT 17
ARE FUNDED BY THE SHERIFF’S OPERATING BUDGET O R BY ANY OTHER FUNDI NG 18
SOURCE. 19
(II) SUBJECT TO SUBSECTION (I) OF THIS SECTION , ANY 20
ADDITIONAL SWORN OR CIVILIAN PERSONNEL I F THE FUNDING FOR TH E 21
PERSONNEL IS PROVIDE D IN THE ORDINANCE O F ESTIMATES OR ANY O THER 22
SOURCE. 23
(i) (1) This subsection applies only to all full–time sworn law enforcement 24
officers who are deputy sheriffs at the rank of lieutenant or below and court security 25
officers. 26
HOUSE BILL 1034 3
(2) This subsection does not apply to the following employees in the 1
Sheriff’s Office: 2
(i) Sworn law enforcement officers in the Sheriff’s Office at a rank 3
of captain or above; 4
(ii) Employees in appointed positions; 5
(iii) Civilian merit system employees; 6
(iv) Full–time reduced hours employees; 7
(v) Part–time employees; 8
(vi) Contractual employees; 9
(vii) Temporary employees; 10
(viii) Emergency employees; or 11
(ix) Employees whose employment is administered under the 12
Baltimore City policies and procedures manual. 13
(3) (i) A deputy sheriff or a court security officer has the right to: 14
1. Take part in or refrain from taking part in forming, 15
joining, supporting, or participating in any employee organization or its lawful activities; 16
2. Be represented by an exclusive representative, if any, in 17
collective bargaining; and 18
3. Engage in other concerted activities for the purpose of 19
collective bargaining. 20
(ii) Full–time sworn law enforcement officers and court security 21
officers may seek recognition by the Sheriff or the Sheriff’s designee in order to organize 22
and bargain collectively in good faith concerning the following matters: 23
1. Compensation, excluding salary, wages, and those 24
benefits determined, offered, administered, controlled, or managed by the City; 25
2. Leave, holidays, and vacations; and 26
3. Hours, working conditions, and job security. 27
(iii) Sworn law enforcement officers and court security officers may 28
seek recognition in order to organize and bargain collectively in good faith with the City 29 4 HOUSE BILL 1034
concerning merit step increases and those benefits determined, offered, administered, 1
controlled, or managed by the City. 2
(iv) 1. A sworn law enforcement officer or a court security officer 3
who is a member of a bargaining unit with an exclusive representative may discuss any 4
matter with the employer without the intervention of the exclusive representative. 5
2. If a discussion under subsubparagraph 1 of this 6
subparagraph leads to a resolution or an adjustment of a dispute, the resolution or 7
adjustment may not be inconsistent with the terms of a collective bargaining agreement 8
then in effect. 9
(4) The Sheriff and the Sheriff’s Office, through their appropriate officers 10
and employees, may: 11
(i) Determine: 12
1. The mission; 13
2. The budget; 14
3. The organization; 15
4. The numbers, types, and grades of employees assigned; 16
5. The work projects, tours of duty, and methods, means, and 17
personnel by which its operations are conducted; 18
6. The technology needs; 19
7. The internal security practices; and 20
8. The relocation of its facilities; 21
(ii) Maintain and improve the efficiency and effectiveness of 22
governmental operations; 23
(iii) Determine the services to be rendered, operations to be 24
performed, and technology to be used; 25
(iv) Determine the overall methods, processes, means, and classes of 26
work or personnel by which governmental operations are to be conducted; 27
(v) Hire, direct, supervise, and assign employees; 28
(vi) Promote, demote, discipline, discharge, retain, and lay off 29
employees; 30 HOUSE BILL 1034 5
(vii) Terminate employment because of lack of funds, lack of work, a 1
determination by the employer that continued work would be inefficient or nonproductive, 2
or for other legitimate reasons; 3
(viii) Set the qualifications of employees for appointment and 4
promotions; 5
(ix) Set standards of conduct; 6
(x) Adopt office rules, regulations, and procedures; 7
(xi) Provide a system of merit employment according to a standard of 8
business efficiency; and 9
(xii) Take actions, not otherwise specified in this subsection, to carry 10
out the mission of the Sheriff’s Office. 11
(5) (i) Except as provided in subparagraph (ii) of this paragraph, an 12
exclusive representative may not be recognized by the Sheriff unless that representative is 13
selected and certified by the Commissioner. 14
(ii) Any petition to be recognized that is submitted on behalf of the 15
sworn law enforcement officers shall be accompanied by a showing of interest supported by 16
at least 31% of the sworn law enforcement officers indicating their desire to be exclusively 17
represented by the petitioner for the purpose of collective bargaining. 18
(iii) 1. Except as provided in subsubparagraph 2 of this 19
subparagraph, an exclusive representative shall be deemed decertified if a petition is 20
submitted to the Commissioner and the Sheriff that is signed by 31% of the sworn law 21
enforcement officers indicating their desire to decertify the exclusive representative. 22
2. If the exclusive representative wishes to challenge the 23
validity of a petition submitted under subsubparagraph 1 of this subparagraph, within 20 24
days after submission of the petition, the exclusive representative may request a secret 25
ballot election. 26
3. The secret ballot election shall be conducted by an 27
impartial umpire selected jointly by the participating parties from a list of umpires 28
provided by the American Arbitration Association. 29
4. The costs associated with the appointment of the impartial 30
umpire shall be shared equally by the exclusive representative and Baltimore City. 31
5. If at least 51% of the employees in the bargaining unit vote 32
in favor of decertification during the secret ballot election, the exclusive representative 33
shall be decertified. 34 6 HOUSE BILL 1034
(6) (i) 1. The Sheriff may designate at least one but not more than 1
four individuals to represent the Sheriff in collective bargaining. 2
2. If the Commissioner is a party to collective bargaining, the 3
City may designate at least one but not more than four individuals to represent the City in 4
collective bargaining. 5
3. The exclusive representative shall designate at least one 6
but not more than four individuals to represent the exclusive representative in collective 7
bargaining. 8
(ii) The parties shall meet at reasonable times and engage in 9
collective bargaining in good faith. 10
(iii) Negotiations or matters relating to negotiations shall be 11
considered closed sessions under § 3–305 of the General Provisions Article. 12
(iv) The parties shall make every reasonable effort to conclude 13
negotiations in a timely manner for inclusion by the Sheriff and the Sheriff’s Office in the 14
budget request. 15
(v) On certification by the Commissioner of the exclusive 16
representative, the parties shall meet to negotiate an agreement within 90 days after the 17
certification and memorialize the agreement in writing. 18
(vi) Negotiations for an agreement shall begin on or before 19
September 1 of the year before the expiration of any existing agreement. 20
(7) To the extent that any matters negotiated between the Sheriff, the City, 21
and the collective bargaining unit require legislative approval or the appropriation of funds, 22
the matters shall be recommended to the General Assembly for the approval of legislation 23
or to the City for the appropriation of funds. 24
(8) An agreement is not valid if it extends for less than 1 year or for more 25
than 4 years. 26
(9) (i) An agreement shall contain all matters of agreement reached in 27
the collective bargaining process. 28
(ii) An agreement may contain a grievance procedure for binding 29
arbitration of the interpretation of contract terms and clauses. 30
(iii) 1. An agreement reached in accordance with this subsection 31
shall be in writing and signed by the designated representatives of the Sheriff and the 32
exclusive representative involved in the collective bargaining negotiations. 33
HOUSE BILL 1034 7
2. If the Commissioner is a party to the agreement, the 1
agreement shall be signed by the Commissioner or the Commissioner’s designee in addition 2
to the signatories required under subsubparagraph 1 of this subparagraph. 3
(iv) An agreement is not effective until it is ratified by: 4
1. The Sheriff; 5
2. If the Board of Estimates of the City of Baltimore is a party 6
to the collective bargaining, the Board or the Board’s designee; and 7
3. A majority of the votes cast by the employees in the 8
bargaining unit. 9
(v) A modification to an existing agreement is not valid unless it is 10
in writing and ratified by: 11
1. The Sheriff; 12
2. If the City is a party to the collective bargaining, the City 13
or the City’s designee; and 14
3. A majority of the votes cast by the employees in the 15
bargaining unit. 16
(10) If there is a conflict between an existing collective bargaining 17
agreement and a rule or regulation adopted by the Sheriff, the Secretary of Budget and 18
Management, or the City, including merit system or other personnel regulations, the terms 19
of the agreement shall prevail unless otherwise prohibited by law. 20
(11) (i) If the exclusive representative, the Sheriff, and, if a party to 21
collective bargaining, the City are unable to reach an agreement on or before January 15, 22
any party may seek mediation through the Federal Mediation and Conciliation Service. 23
(ii) A party seeking mediation under subparagraph (i) of this 24
paragraph shall provide written notice to the other parties and the Federal Mediation and 25
Conciliation Service at least 15 days before the anticipated first mediation meeting. 26
(iii) The parties shall share the costs of the services of the mediator 27
as follows: 28
1. The exclusive representative shall pay 50% of the costs; 29
2. If the City and the Sheriff are both parties to the 30
negotiations giving rise to the mediation, the City and the Sheriff shall each pay 25% of the 31
costs; and 32
8 HOUSE BILL 1034
3. If the City is not a party to the negotiations giving rise to 1
the mediation, the Sheriff shall pay 50% of the costs. 2
(iv) Costs incurred by a party to prepare, appear, or secure 3
representation, expert witnesses, or evidence of any kind shall be borne exclusively by that 4
party. 5
(v) The parties shall engage in mediation for at least 30 days unless 6
the parties mutually agree in writing to the termination or extension of the mediation or 7
reach an agreement. 8
(vi) The contents of a mediation proceeding under this paragraph 9
may not be disclosed by the parties or the mediator. 10
(12) (i) If the exclusive representative, the Sheriff, and, if a party to 11
collective bargaining, the City have not reached an agreement on or before March 1, or any 12
later date determined by mutual agreement of the parties: 13
1. Any party may declare a bargaining impasse; 14
2. The party declaring a bargaining impasse under item 1 of 15
this subparagraph shall request a list of arbitrators to be provided to the parties by the 16
Federal Mediation and Conciliation Service or under the Labor Arbitration Rules of the 17
American Arbitration Association; and 18
3. Within 3 days after the parties’ receipt of the list provided 19
under item 2 of this subparagraph, the parties shall select an arbitrator by alternate 20
striking of names from the list. 21
(ii) On or before March 15, or any later date determined by mutual 22
agreement of the parties, the parties shall submit to the arbitrator: 23
1. A joint memorandum listing all items to which the parties 24
previously agreed; and 25
2. A separate proposed memorandum of each party’s final 26
offer presented in negotiations on all items to which the parties previously did not agree. 27
(iii) 1. On or before March 30, or any later date determined by 28
mutual agreement of the parties, the arbitrator shall hold a closed hearing on the parties’ 29
proposals at a time, date, and place within Baltimore City selected by the arbitrator. 30
2. At a hearing, each party may submit evidence and make 31
oral and written arguments in support of the party’s last final offer. 32
(iv) The arbitrator may: 33
HOUSE BILL 1034 9
1. Give notice and hold hearings in accordance with the 1
Maryland Administrative Procedure Act; 2
2. Administer oaths and take testimony and other evidence; 3
and 4
3. Issue subpoenas. 5
(v) Once the parties have submitted their positions into the record, 6
each party shall have an opportunity to revise its final position before the record is closed 7
and the matter is submitted to the arbitrator for a determination. 8
(vi) On or before April 15, or any later date determined by mutual 9
agreement of the parties, the arbitrator shall issue a report: 10
1. Selecting the final offer submitted by the parties that the 11
arbitrator determines to be more reasonable when viewed as a whole; and 12
2. Stating the reasons that the arbitrator found the final 13
offer to be more reasonable. 14
(vii) In determining which final offer is more reasonable under 15
subparagraph (vi) of this paragraph, the arbitrator may consider only: 16
1. Past collective bargaining agreements between the 17
parties, including the bargaining history that led to the collective bargaining agreement 18
and the precollective bargaining history of employee wages, hours, benefits, and other 19
working conditions; 20
2. In an arbitration to which the exclusive representative of 21
sworn law enforcement officers or court security officers is a party, a comparison of wages, 22
hours, benefits, and other conditions of employment of law enforcement officers or court 23
security officers employed in other jurisdictions in the State; 24
3. In an arbitration to which the exclusive representative of 25
sworn law enforcement officers or court security officers is a party, a comparison of wages, 26
hours, benefits, and other conditions of employment of law enforcement officers or court 27
security officers from the primary police or sheriff’s departments in all counties in the State; 28
4. A comparison of wages, hours, benefits, and other 29
conditions of employment of employees working for the county; 30
5. The costs of the respective proposals of the parties; 31
6. The condition of the Baltimore City budget, the ability of 32
the Sheriff and the City to finance any economic adjustments required under the proposed 33 10 HOUSE BILL 1034
collective bargaining agreement, and the potential impact of the parties’ final offers on the 1
bond rating of Baltimore City; 2
7. The annual increase or decrease in the cost of living in the 3
statistical areas described in item 8 of this subparagraph as compared to the national 4
average and to other comparable metropolitan areas; 5
8. The annual increase or decrease in the cost of living in 6
Baltimore City; 7
9. Recruitment and retention data; 8
10. The special nature of the work performed by the 9
employees in the bargaining unit, including hazards of employment, physical requirements, 10
educational qualifications, job training and skills, shift assignments, and the demands 11
placed on those employees as compared to other employees of the Sheriff’s Office; 12
11. The interest and welfare of the public and the employees 13
in the bargaining unit; and 14
12. Stipulations of the parties regarding any of the items 15
under this subparagraph. 16
(viii) The arbitrator may not: 17
1. Receive or consider the history of collective bargaining 18
related to the immediate dispute, including any offers of settlement not contained in the 19
final offer submitted to the arbitrator, unless the parties mutually agree otherwise; 20
2. Combine final offers or alter the final offer that the 21
arbitrator selects, unless the parties mutually agree otherwise; or 22
3. Select an offer in which the conditions of employment or 23
the compensation, salaries, fees, or wages to be paid are unreasonable. 24
(ix) 1. The arbitrator shall submit the report issued under 25
subparagraph (vi) of this paragraph to the Commissioner, the Sheriff, and the exclusive 26
representative. 27
2. The recommendations of the arbitrator are not binding on 28
the City, the Sheriff, or the exclusive representative. 29
3. Except as provided in subsubparagraph 4 of this 30
subparagraph, the Sheriff and, if a party to collective bargaining, the City may adopt or 31
reject a recommendation of the arbitrator. 32
HOUSE BILL 1034 11
4. Subject to subsubparagraph 5 of this subparagraph, if a 1
recommendation of the arbitrator requires an appropriation of funds, only the City may 2
adopt or reject the recommendation. 3
5. The City may not accept a recommendation of the 4
arbitrator that requires an appropriation of funds unless the City and the Sheriff first agree 5
on the funding source for the appropriation. 6
6. The parties shall accept or reject the arbitrator’s 7
recommendations within 30 days after the submission of the report to the parties under 8
subsubparagraph 1 of this subparagraph. 9
(x) The parties shall share the costs of the services of the arbitrator 10
as follows: 11
1. The exclusive representative shall pay 50% of the costs; 12
2. If the City and the Sheriff are both parties to the 13
negotiations giving rise to the arbitration, the Secretary and the Sheriff shall each pay 25% 14
of the costs; and 15
3. If the City is not a party to the negotiations giving rise to 16
the arbitration, the Sheriff shall pay 50% of the costs. 17
(xi) Costs incurred by a party to prepare, appear, or secure 18
representation, expert witnesses, or evidence of any kind shall be borne exclusively by that 19
party. 20
(xii) This paragraph may not be construed to prohibit the parties from 21
reaching a voluntary settlement on any unresolved issues at any time before or after the 22
issuance of the recommendations by the arbitrator. 23
(13) If a collective bargaining agreement expires after the exclusive 24
representative has given notice of its desire to enter into collective bargaining for a 25
successor collective bargaining agreement, the terms and conditions of the prior collective 26
bargaining agreement shall remain in effect until the earlier of: 27
(i) The parties reaching a new agreement; or 28
(ii) 180 days after the date on which the party or parties reject the 29
arbitrator’s recommendations. 30
(14) If the parties fail to reach a new agreement within the 180–day time 31
period under paragraph (13)(ii) of this subsection, the terms and conditions of the prior 32
collective bargaining agreement shall cease to be effective. 33
12 HOUSE BILL 1034
(15) This subsection does not authorize a sworn law enforcement officer or 1
a court security officer to engage in a strike as defined in § 3–303 of the State Personnel 2
and Pensions Article. 3
(16) This subsection may not be construed as subjecting disciplinary matters 4
or the disciplinary process to negotiation as part of the collective bargaining process. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2024. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.