MD
Maryland House Bill HB1034

Maryland 2024 Regular Session

Maryland House Bill HB1034 Compare Versions

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1- WES MOORE, Governor Ch. 202
21
3-– 1 –
4-Chapter 202
5-(House Bill 1034)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb1034*
89
9-Baltimore City Sheriff – Staffing
10+HOUSE BILL 1034
11+D2 4lr2336
12+ CF SB 1160
13+By: Delegate Smith Baltimore City Delegation (By Request – Baltimore City
14+Sheriff)
15+Introduced and read first time: February 7, 2024
16+Assigned to: Judiciary
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: March 2, 2024
1020
11-FOR the purpose of increasing the number of assistant sheriffs required to be appointed by
12-the Baltimore City Sheriff; authorizing the Sheriff to appoint certain other staff; and
13-generally relating to staff of the Baltimore City Sheriff.
21+CHAPTER ______
1422
15-BY repealing and reenacting, without amendments,
16- Article – Courts and Judicial Proceedings
17-Section 2–316(a) and (i)
18- Annotated Code of Maryland
19- (2020 Replacement Volume and 2023 Supplement)
23+AN ACT concerning 1
2024
21-BY repealing and reenacting, with amendments,
22- Article – Courts and Judicial Proceedings
23-Section 2–316(d)
24- Annotated Code of Maryland
25- (2020 Replacement Volume and 2023 Supplement)
25+Baltimore City Sheriff – Staffing 2
2626
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
27+FOR the purpose of increasing the number of assistant sheriffs required to be appointed by 3
28+the Baltimore City Sheriff; authorizing the Sheriff to appoint certain other staff; and 4
29+generally relating to staff of the Baltimore City Sheriff. 5
2930
30-Article – Courts and Judicial Proceedings
31+BY repealing and reenacting, without amendments, 6
32+ Article – Courts and Judicial Proceedings 7
33+Section 2–316(a) and (i) 8
34+ Annotated Code of Maryland 9
35+ (2020 Replacement Volume and 2023 Supplement) 10
3136
32-2–316.
37+BY repealing and reenacting, with amendments, 11
38+ Article – Courts and Judicial Proceedings 12
39+Section 2–316(d) 13
40+ Annotated Code of Maryland 14
41+ (2020 Replacement Volume and 2023 Supplement) 15
3342
34- (a) This section applies only in Baltimore City.
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
44+That the Laws of Maryland read as follows: 17
3545
36- (d) (1) The Sheriff shall appoint:
46+Article – Courts and Judicial Proceedings 18
3747
38- (i) An undersheriff or chief deputy sheriff;
48+2–316. 19 2 HOUSE BILL 1034
3949
40- (ii) [One] THREE assistant [sheriff] SHERIFFS;
4150
42- (iii) Three deputy sheriff majors;
4351
44- (iv) Three deputy sheriff captains;
52+ (a) This section applies only in Baltimore City. 1
4553
46- (v) Six deputy sheriff lieutenants;
54+ (d) (1) The Sheriff shall appoint: 2
4755
48- (vi) One secretary sheriff; and
49- Ch. 202 2024 LAWS OF MARYLAND
56+ (i) An undersheriff or chief deputy sheriff; 3
5057
51-– 2 –
52- (vii) One fiscal clerk sheriff.
58+ (ii) [One] THREE assistant [sheriff] SHERIFFS; 4
5359
54- (2) The Sheriff may appoint [up]:
60+ (iii) Three deputy sheriff majors; 5
5561
56- (I) UP to a maximum of:
62+ (iv) Three deputy sheriff captains; 6
5763
58- [(i)] 1. 9 deputy sheriff sergeants;
64+ (v) Six deputy sheriff lieutenants; 7
5965
60- [(ii)] 2. 103 deputy sheriffs;
66+ (vi) One secretary sheriff; and 8
6167
62- [(iii)] 3. 2 domestic violence clerks; and
68+ (vii) One fiscal clerk sheriff. 9
6369
64- [(iv)] 4. 2 domestic violence advocates; AND
70+ (2) The Sheriff may appoint [up]: 10
6571
66- (II) 5. SOCIAL 2 SOCIAL WORKERS; AND
72+ (I) UP to a maximum of: 11
6773
68- (III) ANY ADDITIONAL SWORN OR CIVILIAN PERSONNE L THAT
69-ARE FUNDED BY THE SHERIFF’S OPERATING BUDGET O R BY ANY OTHER FUNDI NG
70-SOURCE.
74+ [(i)] 1. 9 deputy sheriff sergeants; 12
7175
72- (II) SUBJECT TO SUBSECTION (I) OF THIS SECTION , ANY
73-ADDITIONAL SWORN OR CIVILIAN PERSONNEL I F THE FUNDING FOR TH E
74-PERSONNEL IS PROVIDE D IN THE ORDINANCE O F ESTIMATES OR ANY O THER
75-SOURCE.
76+ [(ii)] 2. 103 deputy sheriffs; 13
7677
77- (i) (1) This subsection applies only to all full–time sworn law enforcement
78-officers who are deputy sheriffs at the rank of lieutenant or below and court security
79-officers.
78+ [(iii)] 3. 2 domestic violence clerks; and 14
8079
81- (2) This subsection does not apply to the following employees in the
82-Sheriff’s Office:
80+ [(iv)] 4. 2 domestic violence advocates; AND 15
8381
84- (i) Sworn law enforcement officers in the Sheriff’s Office at a rank
85-of captain or above;
82+ (II) 5. SOCIAL 2 SOCIAL WORKERS; AND 16
8683
87- (ii) Employees in appointed positions;
84+ (III) ANY ADDITIONAL SWORN OR CIVILIAN PERSONNE L THAT 17
85+ARE FUNDED BY THE SHERIFF’S OPERATING BUDGET O R BY ANY OTHER FUNDI NG 18
86+SOURCE. 19
8887
89- (iii) Civilian merit system employees;
88+ (II) SUBJECT TO SUBSECTION (I) OF THIS SECTION , ANY 20
89+ADDITIONAL SWORN OR CIVILIAN PERSONNEL I F THE FUNDING FOR TH E 21
90+PERSONNEL IS PROVIDE D IN THE ORDINANCE O F ESTIMATES OR ANY O THER 22
91+SOURCE. 23
9092
91- (iv) Full–time reduced hours employees;
93+ (i) (1) This subsection applies only to all full–time sworn law enforcement 24
94+officers who are deputy sheriffs at the rank of lieutenant or below and court security 25
95+officers. 26
96+ HOUSE BILL 1034 3
9297
93- (v) Part–time employees;
9498
95- (vi) Contractual employees;
96- WES MOORE, Governor Ch. 202
99+ (2) This subsection does not apply to the following employees in the 1
100+Sheriff’s Office: 2
97101
98-– 3 –
99- (vii) Temporary employees;
102+ (i) Sworn law enforcement officers in the Sheriff’s Office at a rank 3
103+of captain or above; 4
100104
101- (viii) Emergency employees; or
105+ (ii) Employees in appointed positions; 5
102106
103- (ix) Employees whose employment is administered under the
104-Baltimore City policies and procedures manual.
107+ (iii) Civilian merit system employees; 6
105108
106- (3) (i) A deputy sheriff or a court security officer has the right to:
109+ (iv) Full–time reduced hours employees; 7
107110
108- 1. Take part in or refrain from taking part in forming,
109-joining, supporting, or participating in any employee organization or its lawful activities;
111+ (v) Part–time employees; 8
110112
111- 2. Be represented by an exclusive representative, if any, in
112-collective bargaining; and
113+ (vi) Contractual employees; 9
113114
114- 3. Engage in other concerted activities for the purpose of
115-collective bargaining.
115+ (vii) Temporary employees; 10
116116
117- (ii) Full–time sworn law enforcement officers and court security
118-officers may seek recognition by the Sheriff or the Sheriff’s designee in order to organize
119-and bargain collectively in good faith concerning the following matters:
117+ (viii) Emergency employees; or 11
120118
121- 1. Compensation, excluding salary, wages, and those
122-benefits determined, offered, administered, controlled, or managed by the City;
119+ (ix) Employees whose employment is administered under the 12
120+Baltimore City policies and procedures manual. 13
123121
124- 2. Leave, holidays, and vacations; and
122+ (3) (i) A deputy sheriff or a court security officer has the right to: 14
125123
126- 3. Hours, working conditions, and job security.
124+ 1. Take part in or refrain from taking part in forming, 15
125+joining, supporting, or participating in any employee organization or its lawful activities; 16
127126
128- (iii) Sworn law enforcement officers and court security officers may
129-seek recognition in order to organize and bargain collectively in good faith with the City
130-concerning merit step increases and those benefits determined, offered, administered,
131-controlled, or managed by the City.
127+ 2. Be represented by an exclusive representative, if any, in 17
128+collective bargaining; and 18
132129
133- (iv) 1. A sworn law enforcement officer or a court security officer
134-who is a member of a bargaining unit with an exclusive representative may discuss any
135-matter with the employer without the intervention of the exclusive representative.
130+ 3. Engage in other concerted activities for the purpose of 19
131+collective bargaining. 20
136132
137- 2. If a discussion under subsubparagraph 1 of this
138-subparagraph leads to a resolution or an adjustment of a dispute, the resolution or
139-adjustment may not be inconsistent with the terms of a collective bargaining agreement
140-then in effect.
133+ (ii) Full–time sworn law enforcement officers and court security 21
134+officers may seek recognition by the Sheriff or the Sheriff’s designee in order to organize 22
135+and bargain collectively in good faith concerning the following matters: 23
141136
142- (4) The Sheriff and the Sheriff’s Office, through their appropriate officers
143-and employees, may:
144- Ch. 202 2024 LAWS OF MARYLAND
137+ 1. Compensation, excluding salary, wages, and those 24
138+benefits determined, offered, administered, controlled, or managed by the City; 25
145139
146-– 4 –
147- (i) Determine:
140+ 2. Leave, holidays, and vacations; and 26
148141
149- 1. The mission;
142+ 3. Hours, working conditions, and job security. 27
150143
151- 2. The budget;
144+ (iii) Sworn law enforcement officers and court security officers may 28
145+seek recognition in order to organize and bargain collectively in good faith with the City 29 4 HOUSE BILL 1034
152146
153- 3. The organization;
154147
155- 4. The numbers, types, and grades of employees assigned;
148+concerning merit step increases and those benefits determined, offered, administered, 1
149+controlled, or managed by the City. 2
156150
157- 5. The work projects, tours of duty, and methods, means, and
158-personnel by which its operations are conducted;
151+ (iv) 1. A sworn law enforcement officer or a court security officer 3
152+who is a member of a bargaining unit with an exclusive representative may discuss any 4
153+matter with the employer without the intervention of the exclusive representative. 5
159154
160- 6. The technology needs;
155+ 2. If a discussion under subsubparagraph 1 of this 6
156+subparagraph leads to a resolution or an adjustment of a dispute, the resolution or 7
157+adjustment may not be inconsistent with the terms of a collective bargaining agreement 8
158+then in effect. 9
161159
162- 7. The internal security practices; and
160+ (4) The Sheriff and the Sheriff’s Office, through their appropriate officers 10
161+and employees, may: 11
163162
164- 8. The relocation of its facilities;
163+ (i) Determine: 12
165164
166- (ii) Maintain and improve the efficiency and effectiveness of
167-governmental operations;
165+ 1. The mission; 13
168166
169- (iii) Determine the services to be rendered, operations to be
170-performed, and technology to be used;
167+ 2. The budget; 14
171168
172- (iv) Determine the overall methods, processes, means, and classes of
173-work or personnel by which governmental operations are to be conducted;
169+ 3. The organization; 15
174170
175- (v) Hire, direct, supervise, and assign employees;
171+ 4. The numbers, types, and grades of employees assigned; 16
176172
177- (vi) Promote, demote, discipline, discharge, retain, and lay off
178-employees;
173+ 5. The work projects, tours of duty, and methods, means, and 17
174+personnel by which its operations are conducted; 18
179175
180- (vii) Terminate employment because of lack of funds, lack of work, a
181-determination by the employer that continued work would be inefficient or nonproductive,
182-or for other legitimate reasons;
176+ 6. The technology needs; 19
183177
184- (viii) Set the qualifications of employees for appointment and
185-promotions;
178+ 7. The internal security practices; and 20
186179
187- (ix) Set standards of conduct;
180+ 8. The relocation of its facilities; 21
188181
189- (x) Adopt office rules, regulations, and procedures;
182+ (ii) Maintain and improve the efficiency and effectiveness of 22
183+governmental operations; 23
190184
191- (xi) Provide a system of merit employment according to a standard of
192-business efficiency; and WES MOORE, Governor Ch. 202
185+ (iii) Determine the services to be rendered, operations to be 24
186+performed, and technology to be used; 25
193187
194-– 5 –
188+ (iv) Determine the overall methods, processes, means, and classes of 26
189+work or personnel by which governmental operations are to be conducted; 27
195190
196- (xii) Take actions, not otherwise specified in this subsection, to carry
197-out the mission of the Sheriff’s Office.
191+ (v) Hire, direct, supervise, and assign employees; 28
198192
199- (5) (i) Except as provided in subparagraph (ii) of this paragraph, an
200-exclusive representative may not be recognized by the Sheriff unless that representative is
201-selected and certified by the Commissioner.
193+ (vi) Promote, demote, discipline, discharge, retain, and lay off 29
194+employees; 30 HOUSE BILL 1034 5
202195
203- (ii) Any petition to be recognized that is submitted on behalf of the
204-sworn law enforcement officers shall be accompanied by a showing of interest supported by
205-at least 31% of the sworn law enforcement officers indicating their desire to be exclusively
206-represented by the petitioner for the purpose of collective bargaining.
207196
208- (iii) 1. Except as provided in subsubparagraph 2 of this
209-subparagraph, an exclusive representative shall be deemed decertified if a petition is
210-submitted to the Commissioner and the Sheriff that is signed by 31% of the sworn law
211-enforcement officers indicating their desire to decertify the exclusive representative.
212197
213- 2. If the exclusive representative wishes to challenge the
214-validity of a petition submitted under subsubparagraph 1 of this subparagraph, within 20
215-days after submission of the petition, the exclusive representative may request a secret
216-ballot election.
198+ (vii) Terminate employment because of lack of funds, lack of work, a 1
199+determination by the employer that continued work would be inefficient or nonproductive, 2
200+or for other legitimate reasons; 3
217201
218- 3. The secret ballot election shall be conducted by an
219-impartial umpire selected jointly by the participating parties from a list of umpires
220-provided by the American Arbitration Association.
202+ (viii) Set the qualifications of employees for appointment and 4
203+promotions; 5
221204
222- 4. The costs associated with the appointment of the impartial
223-umpire shall be shared equally by the exclusive representative and Baltimore City.
205+ (ix) Set standards of conduct; 6
224206
225- 5. If at least 51% of the employees in the bargaining unit vote
226-in favor of decertification during the secret ballot election, the exclusive representative
227-shall be decertified.
207+ (x) Adopt office rules, regulations, and procedures; 7
228208
229- (6) (i) 1. The Sheriff may designate at least one but not more than
230-four individuals to represent the Sheriff in collective bargaining.
209+ (xi) Provide a system of merit employment according to a standard of 8
210+business efficiency; and 9
231211
232- 2. If the Commissioner is a party to collective bargaining, the
233-City may designate at least one but not more than four individuals to represent the City in
234-collective bargaining.
212+ (xii) Take actions, not otherwise specified in this subsection, to carry 10
213+out the mission of the Sheriff’s Office. 11
235214
236- 3. The exclusive representative shall designate at least one
237-but not more than four individuals to represent the exclusive representative in collective
238-bargaining.
239- Ch. 202 2024 LAWS OF MARYLAND
215+ (5) (i) Except as provided in subparagraph (ii) of this paragraph, an 12
216+exclusive representative may not be recognized by the Sheriff unless that representative is 13
217+selected and certified by the Commissioner. 14
240218
241-– 6 –
242- (ii) The parties shall meet at reasonable times and engage in
243-collective bargaining in good faith.
219+ (ii) Any petition to be recognized that is submitted on behalf of the 15
220+sworn law enforcement officers shall be accompanied by a showing of interest supported by 16
221+at least 31% of the sworn law enforcement officers indicating their desire to be exclusively 17
222+represented by the petitioner for the purpose of collective bargaining. 18
244223
245- (iii) Negotiations or matters relating to negotiations shall be
246-considered closed sessions under § 3–305 of the General Provisions Article.
224+ (iii) 1. Except as provided in subsubparagraph 2 of this 19
225+subparagraph, an exclusive representative shall be deemed decertified if a petition is 20
226+submitted to the Commissioner and the Sheriff that is signed by 31% of the sworn law 21
227+enforcement officers indicating their desire to decertify the exclusive representative. 22
247228
248- (iv) The parties shall make every reasonable effort to conclude
249-negotiations in a timely manner for inclusion by the Sheriff and the Sheriff’s Office in the
250-budget request.
229+ 2. If the exclusive representative wishes to challenge the 23
230+validity of a petition submitted under subsubparagraph 1 of this subparagraph, within 20 24
231+days after submission of the petition, the exclusive representative may request a secret 25
232+ballot election. 26
251233
252- (v) On certification by the Commissioner of the exclusive
253-representative, the parties shall meet to negotiate an agreement within 90 days after the
254-certification and memorialize the agreement in writing.
234+ 3. The secret ballot election shall be conducted by an 27
235+impartial umpire selected jointly by the participating parties from a list of umpires 28
236+provided by the American Arbitration Association. 29
255237
256- (vi) Negotiations for an agreement shall begin on or before
257-September 1 of the year before the expiration of any existing agreement.
238+ 4. The costs associated with the appointment of the impartial 30
239+umpire shall be shared equally by the exclusive representative and Baltimore City. 31
258240
259- (7) To the extent that any matters negotiated between the Sheriff, the City,
260-and the collective bargaining unit require legislative approval or the appropriation of funds,
261-the matters shall be recommended to the General Assembly for the approval of legislation
262-or to the City for the appropriation of funds.
241+ 5. If at least 51% of the employees in the bargaining unit vote 32
242+in favor of decertification during the secret ballot election, the exclusive representative 33
243+shall be decertified. 34 6 HOUSE BILL 1034
263244
264- (8) An agreement is not valid if it extends for less than 1 year or for more
265-than 4 years.
266245
267- (9) (i) An agreement shall contain all matters of agreement reached in
268-the collective bargaining process.
269246
270- (ii) An agreement may contain a grievance procedure for binding
271-arbitration of the interpretation of contract terms and clauses.
247+ (6) (i) 1. The Sheriff may designate at least one but not more than 1
248+four individuals to represent the Sheriff in collective bargaining. 2
272249
273- (iii) 1. An agreement reached in accordance with this subsection
274-shall be in writing and signed by the designated representatives of the Sheriff and the
275-exclusive representative involved in the collective bargaining negotiations.
250+ 2. If the Commissioner is a party to collective bargaining, the 3
251+City may designate at least one but not more than four individuals to represent the City in 4
252+collective bargaining. 5
276253
277- 2. If the Commissioner is a party to the agreement, the
278-agreement shall be signed by the Commissioner or the Commissioner’s designee in addition
279-to the signatories required under subsubparagraph 1 of this subparagraph.
254+ 3. The exclusive representative shall designate at least one 6
255+but not more than four individuals to represent the exclusive representative in collective 7
256+bargaining. 8
280257
281- (iv) An agreement is not effective until it is ratified by:
258+ (ii) The parties shall meet at reasonable times and engage in 9
259+collective bargaining in good faith. 10
282260
283- 1. The Sheriff;
261+ (iii) Negotiations or matters relating to negotiations shall be 11
262+considered closed sessions under § 3–305 of the General Provisions Article. 12
284263
285- 2. If the Board of Estimates of the City of Baltimore is a party
286-to the collective bargaining, the Board or the Board’s designee; and
287- WES MOORE, Governor Ch. 202
264+ (iv) The parties shall make every reasonable effort to conclude 13
265+negotiations in a timely manner for inclusion by the Sheriff and the Sheriff’s Office in the 14
266+budget request. 15
288267
289-– 7 –
290- 3. A majority of the votes cast by the employees in the
291-bargaining unit.
268+ (v) On certification by the Commissioner of the exclusive 16
269+representative, the parties shall meet to negotiate an agreement within 90 days after the 17
270+certification and memorialize the agreement in writing. 18
292271
293- (v) A modification to an existing agreement is not valid unless it is
294-in writing and ratified by:
272+ (vi) Negotiations for an agreement shall begin on or before 19
273+September 1 of the year before the expiration of any existing agreement. 20
295274
296- 1. The Sheriff;
275+ (7) To the extent that any matters negotiated between the Sheriff, the City, 21
276+and the collective bargaining unit require legislative approval or the appropriation of funds, 22
277+the matters shall be recommended to the General Assembly for the approval of legislation 23
278+or to the City for the appropriation of funds. 24
297279
298- 2. If the City is a party to the collective bargaining, the City
299-or the City’s designee; and
280+ (8) An agreement is not valid if it extends for less than 1 year or for more 25
281+than 4 years. 26
300282
301- 3. A majority of the votes cast by the employees in the
302-bargaining unit.
283+ (9) (i) An agreement shall contain all matters of agreement reached in 27
284+the collective bargaining process. 28
303285
304- (10) If there is a conflict between an existing collective bargaining
305-agreement and a rule or regulation adopted by the Sheriff, the Secretary of Budget and
306-Management, or the City, including merit system or other personnel regulations, the terms
307-of the agreement shall prevail unless otherwise prohibited by law.
286+ (ii) An agreement may contain a grievance procedure for binding 29
287+arbitration of the interpretation of contract terms and clauses. 30
308288
309- (11) (i) If the exclusive representative, the Sheriff, and, if a party to
310-collective bargaining, the City are unable to reach an agreement on or before January 15,
311-any party may seek mediation through the Federal Mediation and Conciliation Service.
289+ (iii) 1. An agreement reached in accordance with this subsection 31
290+shall be in writing and signed by the designated representatives of the Sheriff and the 32
291+exclusive representative involved in the collective bargaining negotiations. 33
292+ HOUSE BILL 1034 7
312293
313- (ii) A party seeking mediation under subparagraph (i) of this
314-paragraph shall provide written notice to the other parties and the Federal Mediation and
315-Conciliation Service at least 15 days before the anticipated first mediation meeting.
316294
317- (iii) The parties shall share the costs of the services of the mediator
318-as follows:
295+ 2. If the Commissioner is a party to the agreement, the 1
296+agreement shall be signed by the Commissioner or the Commissioner’s designee in addition 2
297+to the signatories required under subsubparagraph 1 of this subparagraph. 3
319298
320- 1. The exclusive representative shall pay 50% of the costs;
299+ (iv) An agreement is not effective until it is ratified by: 4
321300
322- 2. If the City and the Sheriff are both parties to the
323-negotiations giving rise to the mediation, the City and the Sheriff shall each pay 25% of the
324-costs; and
301+ 1. The Sheriff; 5
325302
326- 3. If the City is not a party to the negotiations giving rise to
327-the mediation, the Sheriff shall pay 50% of the costs.
303+ 2. If the Board of Estimates of the City of Baltimore is a party 6
304+to the collective bargaining, the Board or the Board’s designee; and 7
328305
329- (iv) Costs incurred by a party to prepare, appear, or secure
330-representation, expert witnesses, or evidence of any kind shall be borne exclusively by that
331-party.
306+ 3. A majority of the votes cast by the employees in the 8
307+bargaining unit. 9
332308
333- (v) The parties shall engage in mediation for at least 30 days unless
334-the parties mutually agree in writing to the termination or extension of the mediation or
335-reach an agreement. Ch. 202 2024 LAWS OF MARYLAND
309+ (v) A modification to an existing agreement is not valid unless it is 10
310+in writing and ratified by: 11
336311
337-– 8 –
312+ 1. The Sheriff; 12
338313
339- (vi) The contents of a mediation proceeding under this paragraph
340-may not be disclosed by the parties or the mediator.
314+ 2. If the City is a party to the collective bargaining, the City 13
315+or the City’s designee; and 14
341316
342- (12) (i) If the exclusive representative, the Sheriff, and, if a party to
343-collective bargaining, the City have not reached an agreement on or before March 1, or any
344-later date determined by mutual agreement of the parties:
317+ 3. A majority of the votes cast by the employees in the 15
318+bargaining unit. 16
345319
346- 1. Any party may declare a bargaining impasse;
320+ (10) If there is a conflict between an existing collective bargaining 17
321+agreement and a rule or regulation adopted by the Sheriff, the Secretary of Budget and 18
322+Management, or the City, including merit system or other personnel regulations, the terms 19
323+of the agreement shall prevail unless otherwise prohibited by law. 20
347324
348- 2. The party declaring a bargaining impasse under item 1 of
349-this subparagraph shall request a list of arbitrators to be provided to the parties by the
350-Federal Mediation and Conciliation Service or under the Labor Arbitration Rules of the
351-American Arbitration Association; and
325+ (11) (i) If the exclusive representative, the Sheriff, and, if a party to 21
326+collective bargaining, the City are unable to reach an agreement on or before January 15, 22
327+any party may seek mediation through the Federal Mediation and Conciliation Service. 23
352328
353- 3. Within 3 days after the parties’ receipt of the list provided
354-under item 2 of this subparagraph, the parties shall select an arbitrator by alternate
355-striking of names from the list.
329+ (ii) A party seeking mediation under subparagraph (i) of this 24
330+paragraph shall provide written notice to the other parties and the Federal Mediation and 25
331+Conciliation Service at least 15 days before the anticipated first mediation meeting. 26
356332
357- (ii) On or before March 15, or any later date determined by mutual
358-agreement of the parties, the parties shall submit to the arbitrator:
333+ (iii) The parties shall share the costs of the services of the mediator 27
334+as follows: 28
359335
360- 1. A joint memorandum listing all items to which the parties
361-previously agreed; and
336+ 1. The exclusive representative shall pay 50% of the costs; 29
362337
363- 2. A separate proposed memorandum of each party’s final
364-offer presented in negotiations on all items to which the parties previously did not agree.
338+ 2. If the City and the Sheriff are both parties to the 30
339+negotiations giving rise to the mediation, the City and the Sheriff shall each pay 25% of the 31
340+costs; and 32
341+ 8 HOUSE BILL 1034
365342
366- (iii) 1. On or before March 30, or any later date determined by
367-mutual agreement of the parties, the arbitrator shall hold a closed hearing on the parties’
368-proposals at a time, date, and place within Baltimore City selected by the arbitrator.
369343
370- 2. At a hearing, each party may submit evidence and make
371-oral and written arguments in support of the party’s last final offer.
344+ 3. If the City is not a party to the negotiations giving rise to 1
345+the mediation, the Sheriff shall pay 50% of the costs. 2
372346
373- (iv) The arbitrator may:
347+ (iv) Costs incurred by a party to prepare, appear, or secure 3
348+representation, expert witnesses, or evidence of any kind shall be borne exclusively by that 4
349+party. 5
374350
375- 1. Give notice and hold hearings in accordance with the
376-Maryland Administrative Procedure Act;
351+ (v) The parties shall engage in mediation for at least 30 days unless 6
352+the parties mutually agree in writing to the termination or extension of the mediation or 7
353+reach an agreement. 8
377354
378- 2. Administer oaths and take testimony and other evidence;
379-and
355+ (vi) The contents of a mediation proceeding under this paragraph 9
356+may not be disclosed by the parties or the mediator. 10
380357
381- 3. Issue subpoenas.
382- WES MOORE, Governor Ch. 202
358+ (12) (i) If the exclusive representative, the Sheriff, and, if a party to 11
359+collective bargaining, the City have not reached an agreement on or before March 1, or any 12
360+later date determined by mutual agreement of the parties: 13
383361
384-– 9 –
385- (v) Once the parties have submitted their positions into the record,
386-each party shall have an opportunity to revise its final position before the record is closed
387-and the matter is submitted to the arbitrator for a determination.
362+ 1. Any party may declare a bargaining impasse; 14
388363
389- (vi) On or before April 15, or any later date determined by mutual
390-agreement of the parties, the arbitrator shall issue a report:
364+ 2. The party declaring a bargaining impasse under item 1 of 15
365+this subparagraph shall request a list of arbitrators to be provided to the parties by the 16
366+Federal Mediation and Conciliation Service or under the Labor Arbitration Rules of the 17
367+American Arbitration Association; and 18
391368
392- 1. Selecting the final offer submitted by the parties that the
393-arbitrator determines to be more reasonable when viewed as a whole; and
369+ 3. Within 3 days after the parties’ receipt of the list provided 19
370+under item 2 of this subparagraph, the parties shall select an arbitrator by alternate 20
371+striking of names from the list. 21
394372
395- 2. Stating the reasons that the arbitrator found the final
396-offer to be more reasonable.
373+ (ii) On or before March 15, or any later date determined by mutual 22
374+agreement of the parties, the parties shall submit to the arbitrator: 23
397375
398- (vii) In determining which final offer is more reasonable under
399-subparagraph (vi) of this paragraph, the arbitrator may consider only:
376+ 1. A joint memorandum listing all items to which the parties 24
377+previously agreed; and 25
400378
401- 1. Past collective bargaining agreements between the
402-parties, including the bargaining history that led to the collective bargaining agreement
403-and the precollective bargaining history of employee wages, hours, benefits, and other
404-working conditions;
379+ 2. A separate proposed memorandum of each party’s final 26
380+offer presented in negotiations on all items to which the parties previously did not agree. 27
405381
406- 2. In an arbitration to which the exclusive representative of
407-sworn law enforcement officers or court security officers is a party, a comparison of wages,
408-hours, benefits, and other conditions of employment of law enforcement officers or court
409-security officers employed in other jurisdictions in the State;
382+ (iii) 1. On or before March 30, or any later date determined by 28
383+mutual agreement of the parties, the arbitrator shall hold a closed hearing on the parties’ 29
384+proposals at a time, date, and place within Baltimore City selected by the arbitrator. 30
410385
411- 3. In an arbitration to which the exclusive representative of
412-sworn law enforcement officers or court security officers is a party, a comparison of wages,
413-hours, benefits, and other conditions of employment of law enforcement officers or court
414-security officers from the primary police or sheriff’s departments in all counties in the State;
386+ 2. At a hearing, each party may submit evidence and make 31
387+oral and written arguments in support of the party’s last final offer. 32
415388
416- 4. A comparison of wages, hours, benefits, and other
417-conditions of employment of employees working for the county;
389+ (iv) The arbitrator may: 33
390+ HOUSE BILL 1034 9
418391
419- 5. The costs of the respective proposals of the parties;
420392
421- 6. The condition of the Baltimore City budget, the ability of
422-the Sheriff and the City to finance any economic adjustments required under the proposed
423-collective bargaining agreement, and the potential impact of the parties’ final offers on the
424-bond rating of Baltimore City;
393+ 1. Give notice and hold hearings in accordance with the 1
394+Maryland Administrative Procedure Act; 2
425395
426- 7. The annual increase or decrease in the cost of living in the
427-statistical areas described in item 8 of this subparagraph as compared to the national
428-average and to other comparable metropolitan areas;
429- Ch. 202 2024 LAWS OF MARYLAND
396+ 2. Administer oaths and take testimony and other evidence; 3
397+and 4
430398
431-– 10 –
432- 8. The annual increase or decrease in the cost of living in
433-Baltimore City;
399+ 3. Issue subpoenas. 5
434400
435- 9. Recruitment and retention data;
401+ (v) Once the parties have submitted their positions into the record, 6
402+each party shall have an opportunity to revise its final position before the record is closed 7
403+and the matter is submitted to the arbitrator for a determination. 8
436404
437- 10. The special nature of the work performed by the
438-employees in the bargaining unit, including hazards of employment, physical requirements,
439-educational qualifications, job training and skills, shift assignments, and the demands
440-placed on those employees as compared to other employees of the Sheriff’s Office;
405+ (vi) On or before April 15, or any later date determined by mutual 9
406+agreement of the parties, the arbitrator shall issue a report: 10
441407
442- 11. The interest and welfare of the public and the employees
443-in the bargaining unit; and
408+ 1. Selecting the final offer submitted by the parties that the 11
409+arbitrator determines to be more reasonable when viewed as a whole; and 12
444410
445- 12. Stipulations of the parties regarding any of the items
446-under this subparagraph.
411+ 2. Stating the reasons that the arbitrator found the final 13
412+offer to be more reasonable. 14
447413
448- (viii) The arbitrator may not:
414+ (vii) In determining which final offer is more reasonable under 15
415+subparagraph (vi) of this paragraph, the arbitrator may consider only: 16
449416
450- 1. Receive or consider the history of collective bargaining
451-related to the immediate dispute, including any offers of settlement not contained in the
452-final offer submitted to the arbitrator, unless the parties mutually agree otherwise;
417+ 1. Past collective bargaining agreements between the 17
418+parties, including the bargaining history that led to the collective bargaining agreement 18
419+and the precollective bargaining history of employee wages, hours, benefits, and other 19
420+working conditions; 20
453421
454- 2. Combine final offers or alter the final offer that the
455-arbitrator selects, unless the parties mutually agree otherwise; or
422+ 2. In an arbitration to which the exclusive representative of 21
423+sworn law enforcement officers or court security officers is a party, a comparison of wages, 22
424+hours, benefits, and other conditions of employment of law enforcement officers or court 23
425+security officers employed in other jurisdictions in the State; 24
456426
457- 3. Select an offer in which the conditions of employment or
458-the compensation, salaries, fees, or wages to be paid are unreasonable.
427+ 3. In an arbitration to which the exclusive representative of 25
428+sworn law enforcement officers or court security officers is a party, a comparison of wages, 26
429+hours, benefits, and other conditions of employment of law enforcement officers or court 27
430+security officers from the primary police or sheriff’s departments in all counties in the State; 28
459431
460- (ix) 1. The arbitrator shall submit the report issued under
461-subparagraph (vi) of this paragraph to the Commissioner, the Sheriff, and the exclusive
462-representative.
432+ 4. A comparison of wages, hours, benefits, and other 29
433+conditions of employment of employees working for the county; 30
463434
464- 2. The recommendations of the arbitrator are not binding on
465-the City, the Sheriff, or the exclusive representative.
435+ 5. The costs of the respective proposals of the parties; 31
466436
467- 3. Except as provided in subsubparagraph 4 of this
468-subparagraph, the Sheriff and, if a party to collective bargaining, the City may adopt or
469-reject a recommendation of the arbitrator.
437+ 6. The condition of the Baltimore City budget, the ability of 32
438+the Sheriff and the City to finance any economic adjustments required under the proposed 33 10 HOUSE BILL 1034
470439
471- 4. Subject to subsubparagraph 5 of this subparagraph, if a
472-recommendation of the arbitrator requires an appropriation of funds, only the City may
473-adopt or reject the recommendation.
474440
475- 5. The City may not accept a recommendation of the
476-arbitrator that requires an appropriation of funds unless the City and the Sheriff first agree
477-on the funding source for the appropriation. WES MOORE, Governor Ch. 202
441+collective bargaining agreement, and the potential impact of the parties’ final offers on the 1
442+bond rating of Baltimore City; 2
478443
479-– 11 –
444+ 7. The annual increase or decrease in the cost of living in the 3
445+statistical areas described in item 8 of this subparagraph as compared to the national 4
446+average and to other comparable metropolitan areas; 5
480447
481- 6. The parties shall accept or reject the arbitrator’s
482-recommendations within 30 days after the submission of the report to the parties under
483-subsubparagraph 1 of this subparagraph.
448+ 8. The annual increase or decrease in the cost of living in 6
449+Baltimore City; 7
484450
485- (x) The parties shall share the costs of the services of the arbitrator
486-as follows:
451+ 9. Recruitment and retention data; 8
487452
488- 1. The exclusive representative shall pay 50% of the costs;
453+ 10. The special nature of the work performed by the 9
454+employees in the bargaining unit, including hazards of employment, physical requirements, 10
455+educational qualifications, job training and skills, shift assignments, and the demands 11
456+placed on those employees as compared to other employees of the Sheriff’s Office; 12
489457
490- 2. If the City and the Sheriff are both parties to the
491-negotiations giving rise to the arbitration, the Secretary and the Sheriff shall each pay 25%
492-of the costs; and
458+ 11. The interest and welfare of the public and the employees 13
459+in the bargaining unit; and 14
493460
494- 3. If the City is not a party to the negotiations giving rise to
495-the arbitration, the Sheriff shall pay 50% of the costs.
461+ 12. Stipulations of the parties regarding any of the items 15
462+under this subparagraph. 16
496463
497- (xi) Costs incurred by a party to prepare, appear, or secure
498-representation, expert witnesses, or evidence of any kind shall be borne exclusively by that
499-party.
464+ (viii) The arbitrator may not: 17
500465
501- (xii) This paragraph may not be construed to prohibit the parties from
502-reaching a voluntary settlement on any unresolved issues at any time before or after the
503-issuance of the recommendations by the arbitrator.
466+ 1. Receive or consider the history of collective bargaining 18
467+related to the immediate dispute, including any offers of settlement not contained in the 19
468+final offer submitted to the arbitrator, unless the parties mutually agree otherwise; 20
504469
505- (13) If a collective bargaining agreement expires after the exclusive
506-representative has given notice of its desire to enter into collective bargaining for a
507-successor collective bargaining agreement, the terms and conditions of the prior collective
508-bargaining agreement shall remain in effect until the earlier of:
470+ 2. Combine final offers or alter the final offer that the 21
471+arbitrator selects, unless the parties mutually agree otherwise; or 22
509472
510- (i) The parties reaching a new agreement; or
473+ 3. Select an offer in which the conditions of employment or 23
474+the compensation, salaries, fees, or wages to be paid are unreasonable. 24
511475
512- (ii) 180 days after the date on which the party or parties reject the
513-arbitrator’s recommendations.
476+ (ix) 1. The arbitrator shall submit the report issued under 25
477+subparagraph (vi) of this paragraph to the Commissioner, the Sheriff, and the exclusive 26
478+representative. 27
514479
515- (14) If the parties fail to reach a new agreement within the 180–day time
516-period under paragraph (13)(ii) of this subsection, the terms and conditions of the prior
517-collective bargaining agreement shall cease to be effective.
480+ 2. The recommendations of the arbitrator are not binding on 28
481+the City, the Sheriff, or the exclusive representative. 29
518482
519- (15) This subsection does not authorize a sworn law enforcement officer or
520-a court security officer to engage in a strike as defined in § 3–303 of the State Personnel
521-and Pensions Article.
483+ 3. Except as provided in subsubparagraph 4 of this 30
484+subparagraph, the Sheriff and, if a party to collective bargaining, the City may adopt or 31
485+reject a recommendation of the arbitrator. 32
486+ HOUSE BILL 1034 11
522487
523- (16) This subsection may not be construed as subjecting disciplinary matters
524-or the disciplinary process to negotiation as part of the collective bargaining process.
525- Ch. 202 2024 LAWS OF MARYLAND
526488
527-– 12 –
528- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
529-October 1, 2024.
489+ 4. Subject to subsubparagraph 5 of this subparagraph, if a 1
490+recommendation of the arbitrator requires an appropriation of funds, only the City may 2
491+adopt or reject the recommendation. 3
530492
531-Approved by the Governor, April 25, 2024.
493+ 5. The City may not accept a recommendation of the 4
494+arbitrator that requires an appropriation of funds unless the City and the Sheriff first agree 5
495+on the funding source for the appropriation. 6
496+
497+ 6. The parties shall accept or reject the arbitrator’s 7
498+recommendations within 30 days after the submission of the report to the parties under 8
499+subsubparagraph 1 of this subparagraph. 9
500+
501+ (x) The parties shall share the costs of the services of the arbitrator 10
502+as follows: 11
503+
504+ 1. The exclusive representative shall pay 50% of the costs; 12
505+
506+ 2. If the City and the Sheriff are both parties to the 13
507+negotiations giving rise to the arbitration, the Secretary and the Sheriff shall each pay 25% 14
508+of the costs; and 15
509+
510+ 3. If the City is not a party to the negotiations giving rise to 16
511+the arbitration, the Sheriff shall pay 50% of the costs. 17
512+
513+ (xi) Costs incurred by a party to prepare, appear, or secure 18
514+representation, expert witnesses, or evidence of any kind shall be borne exclusively by that 19
515+party. 20
516+
517+ (xii) This paragraph may not be construed to prohibit the parties from 21
518+reaching a voluntary settlement on any unresolved issues at any time before or after the 22
519+issuance of the recommendations by the arbitrator. 23
520+
521+ (13) If a collective bargaining agreement expires after the exclusive 24
522+representative has given notice of its desire to enter into collective bargaining for a 25
523+successor collective bargaining agreement, the terms and conditions of the prior collective 26
524+bargaining agreement shall remain in effect until the earlier of: 27
525+
526+ (i) The parties reaching a new agreement; or 28
527+
528+ (ii) 180 days after the date on which the party or parties reject the 29
529+arbitrator’s recommendations. 30
530+
531+ (14) If the parties fail to reach a new agreement within the 180–day time 31
532+period under paragraph (13)(ii) of this subsection, the terms and conditions of the prior 32
533+collective bargaining agreement shall cease to be effective. 33
534+ 12 HOUSE BILL 1034
535+
536+
537+ (15) This subsection does not authorize a sworn law enforcement officer or 1
538+a court security officer to engage in a strike as defined in § 3–303 of the State Personnel 2
539+and Pensions Article. 3
540+
541+ (16) This subsection may not be construed as subjecting disciplinary matters 4
542+or the disciplinary process to negotiation as part of the collective bargaining process. 5
543+
544+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
545+October 1, 2024. 7
546+
547+
548+
549+Approved:
550+________________________________________________________________________________
551+ Governor.
552+________________________________________________________________________________
553+ Speaker of the House of Delegates.
554+________________________________________________________________________________
555+ President of the Senate.