WES MOORE, Governor Ch. 202
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Chapter 202
(House Bill 1034)
AN ACT concerning
Baltimore City Sheriff – Staffing
FOR the purpose of increasing the number of assistant sheriffs required to be appointed by
the Baltimore City Sheriff; authorizing the Sheriff to appoint certain other staff; and
generally relating to staff of the Baltimore City Sheriff.
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 2–316(a) and (i)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 2–316(d)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 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
2–316.
(a) This section applies only in Baltimore City.
(d) (1) The Sheriff shall appoint:
(i) An undersheriff or chief deputy sheriff;
(ii) [One] THREE assistant [sheriff] SHERIFFS;
(iii) Three deputy sheriff majors;
(iv) Three deputy sheriff captains;
(v) Six deputy sheriff lieutenants;
(vi) One secretary sheriff; and
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(vii) One fiscal clerk sheriff.
(2) The Sheriff may appoint [up]:
(I) UP to a maximum of:
[(i)] 1. 9 deputy sheriff sergeants;
[(ii)] 2. 103 deputy sheriffs;
[(iii)] 3. 2 domestic violence clerks; and
[(iv)] 4. 2 domestic violence advocates; AND
(II) 5. SOCIAL 2 SOCIAL WORKERS; AND
(III) ANY ADDITIONAL SWORN OR CIVILIAN PERSONNE L THAT
ARE FUNDED BY THE SHERIFF’S OPERATING BUDGET O R BY ANY OTHER FUNDI NG
SOURCE.
(II) SUBJECT TO SUBSECTION (I) OF THIS SECTION , ANY
ADDITIONAL SWORN OR CIVILIAN PERSONNEL I F THE FUNDING FOR TH E
PERSONNEL IS PROVIDE D IN THE ORDINANCE O F ESTIMATES OR ANY O THER
SOURCE.
(i) (1) This subsection applies only to all full–time sworn law enforcement
officers who are deputy sheriffs at the rank of lieutenant or below and court security
officers.
(2) This subsection does not apply to the following employees in the
Sheriff’s Office:
(i) Sworn law enforcement officers in the Sheriff’s Office at a rank
of captain or above;
(ii) Employees in appointed positions;
(iii) Civilian merit system employees;
(iv) Full–time reduced hours employees;
(v) Part–time employees;
(vi) Contractual employees;
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(vii) Temporary employees;
(viii) Emergency employees; or
(ix) Employees whose employment is administered under the
Baltimore City policies and procedures manual.
(3) (i) A deputy sheriff or a court security officer has the right to:
1. Take part in or refrain from taking part in forming,
joining, supporting, or participating in any employee organization or its lawful activities;
2. Be represented by an exclusive representative, if any, in
collective bargaining; and
3. Engage in other concerted activities for the purpose of
collective bargaining.
(ii) Full–time sworn law enforcement officers and court security
officers may seek recognition by the Sheriff or the Sheriff’s designee in order to organize
and bargain collectively in good faith concerning the following matters:
1. Compensation, excluding salary, wages, and those
benefits determined, offered, administered, controlled, or managed by the City;
2. Leave, holidays, and vacations; and
3. Hours, working conditions, and job security.
(iii) Sworn law enforcement officers and court security officers may
seek recognition in order to organize and bargain collectively in good faith with the City
concerning merit step increases and those benefits determined, offered, administered,
controlled, or managed by the City.
(iv) 1. A sworn law enforcement officer or a court security officer
who is a member of a bargaining unit with an exclusive representative may discuss any
matter with the employer without the intervention of the exclusive representative.
2. If a discussion under subsubparagraph 1 of this
subparagraph leads to a resolution or an adjustment of a dispute, the resolution or
adjustment may not be inconsistent with the terms of a collective bargaining agreement
then in effect.
(4) The Sheriff and the Sheriff’s Office, through their appropriate officers
and employees, may:
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(i) Determine:
1. The mission;
2. The budget;
3. The organization;
4. The numbers, types, and grades of employees assigned;
5. The work projects, tours of duty, and methods, means, and
personnel by which its operations are conducted;
6. The technology needs;
7. The internal security practices; and
8. The relocation of its facilities;
(ii) Maintain and improve the efficiency and effectiveness of
governmental operations;
(iii) Determine the services to be rendered, operations to be
performed, and technology to be used;
(iv) Determine the overall methods, processes, means, and classes of
work or personnel by which governmental operations are to be conducted;
(v) Hire, direct, supervise, and assign employees;
(vi) Promote, demote, discipline, discharge, retain, and lay off
employees;
(vii) Terminate employment because of lack of funds, lack of work, a
determination by the employer that continued work would be inefficient or nonproductive,
or for other legitimate reasons;
(viii) Set the qualifications of employees for appointment and
promotions;
(ix) Set standards of conduct;
(x) Adopt office rules, regulations, and procedures;
(xi) Provide a system of merit employment according to a standard of
business efficiency; and WES MOORE, Governor Ch. 202
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(xii) Take actions, not otherwise specified in this subsection, to carry
out the mission of the Sheriff’s Office.
(5) (i) Except as provided in subparagraph (ii) of this paragraph, an
exclusive representative may not be recognized by the Sheriff unless that representative is
selected and certified by the Commissioner.
(ii) Any petition to be recognized that is submitted on behalf of the
sworn law enforcement officers shall be accompanied by a showing of interest supported by
at least 31% of the sworn law enforcement officers indicating their desire to be exclusively
represented by the petitioner for the purpose of collective bargaining.
(iii) 1. Except as provided in subsubparagraph 2 of this
subparagraph, an exclusive representative shall be deemed decertified if a petition is
submitted to the Commissioner and the Sheriff that is signed by 31% of the sworn law
enforcement officers indicating their desire to decertify the exclusive representative.
2. If the exclusive representative wishes to challenge the
validity of a petition submitted under subsubparagraph 1 of this subparagraph, within 20
days after submission of the petition, the exclusive representative may request a secret
ballot election.
3. The secret ballot election shall be conducted by an
impartial umpire selected jointly by the participating parties from a list of umpires
provided by the American Arbitration Association.
4. The costs associated with the appointment of the impartial
umpire shall be shared equally by the exclusive representative and Baltimore City.
5. If at least 51% of the employees in the bargaining unit vote
in favor of decertification during the secret ballot election, the exclusive representative
shall be decertified.
(6) (i) 1. The Sheriff may designate at least one but not more than
four individuals to represent the Sheriff in collective bargaining.
2. If the Commissioner is a party to collective bargaining, the
City may designate at least one but not more than four individuals to represent the City in
collective bargaining.
3. The exclusive representative shall designate at least one
but not more than four individuals to represent the exclusive representative in collective
bargaining.
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(ii) The parties shall meet at reasonable times and engage in
collective bargaining in good faith.
(iii) Negotiations or matters relating to negotiations shall be
considered closed sessions under § 3–305 of the General Provisions Article.
(iv) The parties shall make every reasonable effort to conclude
negotiations in a timely manner for inclusion by the Sheriff and the Sheriff’s Office in the
budget request.
(v) On certification by the Commissioner of the exclusive
representative, the parties shall meet to negotiate an agreement within 90 days after the
certification and memorialize the agreement in writing.
(vi) Negotiations for an agreement shall begin on or before
September 1 of the year before the expiration of any existing agreement.
(7) To the extent that any matters negotiated between the Sheriff, the City,
and the collective bargaining unit require legislative approval or the appropriation of funds,
the matters shall be recommended to the General Assembly for the approval of legislation
or to the City for the appropriation of funds.
(8) An agreement is not valid if it extends for less than 1 year or for more
than 4 years.
(9) (i) An agreement shall contain all matters of agreement reached in
the collective bargaining process.
(ii) An agreement may contain a grievance procedure for binding
arbitration of the interpretation of contract terms and clauses.
(iii) 1. An agreement reached in accordance with this subsection
shall be in writing and signed by the designated representatives of the Sheriff and the
exclusive representative involved in the collective bargaining negotiations.
2. If the Commissioner is a party to the agreement, the
agreement shall be signed by the Commissioner or the Commissioner’s designee in addition
to the signatories required under subsubparagraph 1 of this subparagraph.
(iv) An agreement is not effective until it is ratified by:
1. The Sheriff;
2. If the Board of Estimates of the City of Baltimore is a party
to the collective bargaining, the Board or the Board’s designee; and
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3. A majority of the votes cast by the employees in the
bargaining unit.
(v) A modification to an existing agreement is not valid unless it is
in writing and ratified by:
1. The Sheriff;
2. If the City is a party to the collective bargaining, the City
or the City’s designee; and
3. A majority of the votes cast by the employees in the
bargaining unit.
(10) If there is a conflict between an existing collective bargaining
agreement and a rule or regulation adopted by the Sheriff, the Secretary of Budget and
Management, or the City, including merit system or other personnel regulations, the terms
of the agreement shall prevail unless otherwise prohibited by law.
(11) (i) If the exclusive representative, the Sheriff, and, if a party to
collective bargaining, the City are unable to reach an agreement on or before January 15,
any party may seek mediation through the Federal Mediation and Conciliation Service.
(ii) A party seeking mediation under subparagraph (i) of this
paragraph shall provide written notice to the other parties and the Federal Mediation and
Conciliation Service at least 15 days before the anticipated first mediation meeting.
(iii) The parties shall share the costs of the services of the mediator
as follows:
1. The exclusive representative shall pay 50% of the costs;
2. If the City and the Sheriff are both parties to the
negotiations giving rise to the mediation, the City and the Sheriff shall each pay 25% of the
costs; and
3. If the City is not a party to the negotiations giving rise to
the mediation, the Sheriff shall pay 50% of the costs.
(iv) Costs incurred by a party to prepare, appear, or secure
representation, expert witnesses, or evidence of any kind shall be borne exclusively by that
party.
(v) The parties shall engage in mediation for at least 30 days unless
the parties mutually agree in writing to the termination or extension of the mediation or
reach an agreement. Ch. 202 2024 LAWS OF MARYLAND
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(vi) The contents of a mediation proceeding under this paragraph
may not be disclosed by the parties or the mediator.
(12) (i) If the exclusive representative, the Sheriff, and, if a party to
collective bargaining, the City have not reached an agreement on or before March 1, or any
later date determined by mutual agreement of the parties:
1. Any party may declare a bargaining impasse;
2. The party declaring a bargaining impasse under item 1 of
this subparagraph shall request a list of arbitrators to be provided to the parties by the
Federal Mediation and Conciliation Service or under the Labor Arbitration Rules of the
American Arbitration Association; and
3. Within 3 days after the parties’ receipt of the list provided
under item 2 of this subparagraph, the parties shall select an arbitrator by alternate
striking of names from the list.
(ii) On or before March 15, or any later date determined by mutual
agreement of the parties, the parties shall submit to the arbitrator:
1. A joint memorandum listing all items to which the parties
previously agreed; and
2. A separate proposed memorandum of each party’s final
offer presented in negotiations on all items to which the parties previously did not agree.
(iii) 1. On or before March 30, or any later date determined by
mutual agreement of the parties, the arbitrator shall hold a closed hearing on the parties’
proposals at a time, date, and place within Baltimore City selected by the arbitrator.
2. At a hearing, each party may submit evidence and make
oral and written arguments in support of the party’s last final offer.
(iv) The arbitrator may:
1. Give notice and hold hearings in accordance with the
Maryland Administrative Procedure Act;
2. Administer oaths and take testimony and other evidence;
and
3. Issue subpoenas.
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(v) Once the parties have submitted their positions into the record,
each party shall have an opportunity to revise its final position before the record is closed
and the matter is submitted to the arbitrator for a determination.
(vi) On or before April 15, or any later date determined by mutual
agreement of the parties, the arbitrator shall issue a report:
1. Selecting the final offer submitted by the parties that the
arbitrator determines to be more reasonable when viewed as a whole; and
2. Stating the reasons that the arbitrator found the final
offer to be more reasonable.
(vii) In determining which final offer is more reasonable under
subparagraph (vi) of this paragraph, the arbitrator may consider only:
1. Past collective bargaining agreements between the
parties, including the bargaining history that led to the collective bargaining agreement
and the precollective bargaining history of employee wages, hours, benefits, and other
working conditions;
2. In an arbitration to which the exclusive representative of
sworn law enforcement officers or court security officers is a party, a comparison of wages,
hours, benefits, and other conditions of employment of law enforcement officers or court
security officers employed in other jurisdictions in the State;
3. In an arbitration to which the exclusive representative of
sworn law enforcement officers or court security officers is a party, a comparison of wages,
hours, benefits, and other conditions of employment of law enforcement officers or court
security officers from the primary police or sheriff’s departments in all counties in the State;
4. A comparison of wages, hours, benefits, and other
conditions of employment of employees working for the county;
5. The costs of the respective proposals of the parties;
6. The condition of the Baltimore City budget, the ability of
the Sheriff and the City to finance any economic adjustments required under the proposed
collective bargaining agreement, and the potential impact of the parties’ final offers on the
bond rating of Baltimore City;
7. The annual increase or decrease in the cost of living in the
statistical areas described in item 8 of this subparagraph as compared to the national
average and to other comparable metropolitan areas;
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8. The annual increase or decrease in the cost of living in
Baltimore City;
9. Recruitment and retention data;
10. The special nature of the work performed by the
employees in the bargaining unit, including hazards of employment, physical requirements,
educational qualifications, job training and skills, shift assignments, and the demands
placed on those employees as compared to other employees of the Sheriff’s Office;
11. The interest and welfare of the public and the employees
in the bargaining unit; and
12. Stipulations of the parties regarding any of the items
under this subparagraph.
(viii) The arbitrator may not:
1. Receive or consider the history of collective bargaining
related to the immediate dispute, including any offers of settlement not contained in the
final offer submitted to the arbitrator, unless the parties mutually agree otherwise;
2. Combine final offers or alter the final offer that the
arbitrator selects, unless the parties mutually agree otherwise; or
3. Select an offer in which the conditions of employment or
the compensation, salaries, fees, or wages to be paid are unreasonable.
(ix) 1. The arbitrator shall submit the report issued under
subparagraph (vi) of this paragraph to the Commissioner, the Sheriff, and the exclusive
representative.
2. The recommendations of the arbitrator are not binding on
the City, the Sheriff, or the exclusive representative.
3. Except as provided in subsubparagraph 4 of this
subparagraph, the Sheriff and, if a party to collective bargaining, the City may adopt or
reject a recommendation of the arbitrator.
4. Subject to subsubparagraph 5 of this subparagraph, if a
recommendation of the arbitrator requires an appropriation of funds, only the City may
adopt or reject the recommendation.
5. The City may not accept a recommendation of the
arbitrator that requires an appropriation of funds unless the City and the Sheriff first agree
on the funding source for the appropriation. WES MOORE, Governor Ch. 202
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6. The parties shall accept or reject the arbitrator’s
recommendations within 30 days after the submission of the report to the parties under
subsubparagraph 1 of this subparagraph.
(x) The parties shall share the costs of the services of the arbitrator
as follows:
1. The exclusive representative shall pay 50% of the costs;
2. If the City and the Sheriff are both parties to the
negotiations giving rise to the arbitration, the Secretary and the Sheriff shall each pay 25%
of the costs; and
3. If the City is not a party to the negotiations giving rise to
the arbitration, the Sheriff shall pay 50% of the costs.
(xi) Costs incurred by a party to prepare, appear, or secure
representation, expert witnesses, or evidence of any kind shall be borne exclusively by that
party.
(xii) This paragraph may not be construed to prohibit the parties from
reaching a voluntary settlement on any unresolved issues at any time before or after the
issuance of the recommendations by the arbitrator.
(13) If a collective bargaining agreement expires after the exclusive
representative has given notice of its desire to enter into collective bargaining for a
successor collective bargaining agreement, the terms and conditions of the prior collective
bargaining agreement shall remain in effect until the earlier of:
(i) The parties reaching a new agreement; or
(ii) 180 days after the date on which the party or parties reject the
arbitrator’s recommendations.
(14) If the parties fail to reach a new agreement within the 180–day time
period under paragraph (13)(ii) of this subsection, the terms and conditions of the prior
collective bargaining agreement shall cease to be effective.
(15) This subsection does not authorize a sworn law enforcement officer or
a court security officer to engage in a strike as defined in § 3–303 of the State Personnel
and Pensions Article.
(16) This subsection may not be construed as subjecting disciplinary matters
or the disciplinary process to negotiation as part of the collective bargaining process.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 25, 2024.