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. *sb0767* SENATE BILL 767 D2 5lr1916 By: Senator M. Jackson Introduced and read first time: January 27, 2025 Assigned to: Finance Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 25, 2025 CHAPTER ______ AN ACT concerning 1 Calvert County Sheriff – Deputy Sheriffs and Correctional Deputies – Collective 2 Bargaining 3 FOR the purpose of providing that certain deputy sheriffs and correctional deputies in the 4 Calvert County Sheriff’s Office have the right to organize and negotiate with the 5 County Commissioners Administrator of Calvert County and the Calvert County 6 Sheriff with regard to certain wages and employee health care premium share 7 benefits in a certain manner; and generally relating to collective bargaining rights 8 of Calvert County deputy sheriffs and correctional deputies. 9 BY repealing and reenacting, without amendments, 10 Article – Courts and Judicial Proceedings 11 Section 2–318(a) 12 Annotated Code of Maryland 13 (2020 Replacement Volume and 2024 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – Courts and Judicial Proceedings 16 Section 2–318(c)(1) 17 Annotated Code of Maryland 18 (2020 Replacement Volume and 2024 Supplement) 19 BY adding to 20 Article – Courts and Judicial Proceedings 21 Section 2–318(h) 22 2 SENATE BILL 767 Annotated Code of Maryland 1 (2020 Replacement Volume and 2024 Supplement) 2 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 That the Laws of Maryland read as follows: 4 Article – Courts and Judicial Proceedings 5 2–318. 6 (a) This section applies only in Calvert County. 7 (c) (1) The Sheriff may appoint deputy sheriffs and correctional deputies in 8 the number and at the salary approved by the County Commissioners OR PRESCRIBED IN 9 A COLLECTIVE BARGAIN ING AGREEMENT , AS APPLICABLE , PROVIDED THAT ANY 10 ADDITIONAL FUNDING R EQUIRED DUE TO THE C OLLECTIVE BARGAINING 11 AGREEMENT IS SUBJECT TO APPROVAL BY THE COUNTY COMMISSIONERS . 12 (H) (1) THIS SUBSECTION APPLI ES ONLY TO ALL FULL –TIME DEPUTY 13 SHERIFFS AND CORRECT IONAL DEPUTIES IN TH E CALVERT COUNTY SHERIFF’S 14 OFFICE AT THE RANK OF MAJOR AND BELOW . 15 (2) SWORN DEPUTY SHERIFFS AND CORRECTIONAL DEP UTIES 16 SUBJECT TO THIS SUBS ECTION SHALL HAVE THE RIGHT TO ORGANIZE AND 17 NEGOTIATE WITH THE COUNTY COMMISSIONERS AND THE SHERIFF WITH REGARD 18 TO WAGES AND EMPLOYE E HEALTH CARE PREMIU M SHARE NOT REGULATE D BY THE 19 SHERIFF. 20 (3) THE TERMS OF ANY AGRE EMENT WITH REGARD TO WAGES AND 21 EMPLOYEE HEALTH CARE PREMIUM SHARE NOT RE GULATED BY THE SHERIFF 22 SHALL BE SET FORTH I N A MEMORANDUM OF AG REEMENT ENTERED INTO BETWEEN 23 THE SHERIFF, THE COUNTY COMMISSIONERS , AND THE EMPLOYEE ORG ANIZATION 24 THAT IS CERTIFIED AS THE EXCLUSIVE REPRES ENTATIVE IN ACCORDAN CE WITH A 25 PROCESS AGREED TO BY THE PARTIES. 26 (4) AN AGREEMENT WITH REG ARD TO WAGES AND EMP LOYEE 27 HEALTH CARE PREMIUM SHARE NOT REGULATED BY THE SHERIFF IS NOT 28 EFFECTIVE UNTIL THE AGREEMEN T IS RATIFIED BY: 29 (I) THE SHERIFF; 30 (II) THE COUNTY COMMISSIONERS ; AND 31 (III) THE EXCLUSIVE REPRESE NTATIVE. 32 SENATE BILL 767 3 (5) A MODIFICATION TO AN E XISTING MEMORANDUM O F AGREEMENT 1 IS NOT VALID UNLESS THE MODIFICATION IS IN WRITING AND RATIF IED BY: 2 (I) THE SHERIFF; 3 (II) THE COUNTY COMMISSIONERS ; AND 4 (III) THE EXCLUSIVE REPRESE NTATIVE MAY: 5 (I) TAKE PART OR REFRAIN FROM TAKING PART IN FORMING, 6 JOINING, SUPPORTING , OR PARTICIPATING IN A LABOR ORGANIZATION OR ITS 7 LAWFUL ACTIVITIES ; 8 (II) SELECT A LABOR ORGANI ZATION AS THEIR EXCL USIVE 9 REPRESENTATIVE ; 10 (III) ENGAGE IN COLLECTIVE BARGAINING WITH THE SHERIFF 11 AND THE COUNTY ADMINISTRATOR CONCERN ING WAGES AND EMPLOY EE BENEFITS 12 THROUGH A LABOR ORGA NIZATION CERTIFIED A S THEIR EXCLUSIVE 13 REPRESEN TATIVE; 14 (IV) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ENTER 15 INTO A COLLECTIVE BA RGAINING AGREEMENT , THROUGH THE EXCLUSIV E 16 REPRESENTATIVE , COVERING THOSE WAGES AND BENEFITS; AND 17 (V) DECERTIFY A LABOR ORG ANIZATION AS THEIR E XCLUSIVE 18 REPRESENTATIV E. 19 (3) ANY ADDITIONAL FUNDIN G REQUIRED AS A RESU LT OF A 20 NEGOTIATED COLLECTIV E BARGAINING AGREEME NT IS SUBJECT TO APP ROVAL BY 21 THE COUNTY COMMISSIONERS . 22 (4) (I) A LABOR ORGANIZATION S HALL BE DEEMED CERTI FIED AS 23 THE EXCLUSIVE REPRES ENTATIVE IF THE FOLL OWING CONDITIONS ARE MET: 24 1. A PETITION FOR THE LAB OR ORGANIZATION TO B E 25 RECOGNIZED BY THE SHERIFF IS SIGNED BY AT LEAST 51% OF THE SWORN DEPUTY 26 SHERIFFS AT THE RANK OF SERGEANT AND BELO W INDICATING THEIR D ESIRE TO BE 27 EXCLUSIVELY REPRESEN TED BY THE PETITIONER FOR THE P URPOSE OF 28 COLLECTIVE BARGAININ G; AND 29 2. THE PETITION IS SUBMI TTED TO THE SHERIFF. 30 4 SENATE BILL 767 (II) IF THE SHERIFF DOES NOT CHAL LENGE THE VALIDITY O F 1 THE PETITION WITHIN 20 CALENDAR DAYS FOLLOW ING RECEIPT OF THE P ETITION, 2 THE LABOR ORGANIZA TION SHALL BE DEEMED CERTIFIED AS THE EXC LUSIVE 3 REPRESENTATIVE . 4 (III) IF THE SHERIFF CHALLENGES TH E VALIDITY OF THE 5 PETITION, THE AMERICAN ARBITRATION ASSOCIATION SHALL BE REQUESTED TO 6 APPOINT A THIRD –PARTY NEUTRAL ARBITR ATOR TO CONDUCT A SE CRET BALLOT 7 ELECTION AND TO CERT IFY WHETHER THE LABO R ORGANIZATION HAS B EEN 8 SELECTED AS THE EXCL USIVE REPRESENTATIVE BY A 51% VOTE OF THE SWORN 9 DEPUTY SHERIFFS AND CORRECTIONAL DEPUTIE S WITH THE RANK OF M AJOR AND 10 BELOW. 11 (IV) THE COSTS ASSOCIATED WITH THE AMERICAN 12 ARBITRATION ASSOCIATION AND THE T HIRD–PARTY NEUTRAL ARBITR ATOR SHALL 13 BE SHARED EQUALLY BY THE PARTIES. 14 (5) (I) FOLLOWING THE CERTIFI CATION OF AN EXCLUSI VE 15 REPRESENTATIVE AS PR OVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , THE 16 PARTIES SHALL MEET A T REASONABLE TIMES AND ENGAGE IN COLLECTIVE 17 BARGAINING IN GOOD F AITH. 18 (II) THE PARTIES SHALL MAK E EVERY REASONABLE E FFORT TO 19 CONCLUDE NEGOTIATION S IN A TIMELY MANNER TO ALLOW FOR INCLUSI ON BY THE 20 SHERIFF’S OFFICE OF MATTERS AGR EED ON IN ITS BUDGET REQUEST. 21 (III) THE SHERIFF AND THE COUNTY ADMINISTRATOR MAY NOT 22 BE REQUIRED TO ENGAG E IN COLLECTIVE BARG AINING NEGOTIATIONS WITH THE 23 EXCLUSIVE REPRESENTA TIVE AFTER THE TIME THAT THE COUNTY 24 COMMISSIONERS APPROVE THE ANNUAL OPERATING BUDGET WITH REGARD T O 25 CONDITIONS OF EMPLOYMENT REQUIRING THE APPROP RIATION OF FUNDS IN THE 26 ANNUAL OPERATING BUD GET. 27 (6) (I) A COLLECTIVE BARGAININ G AGREEMENT SHALL CO NTAIN 28 ALL MATTERS OF AGREE MENT REACHED IN THE COLLECTIVE BARGAININ G 29 PROCESS. 30 (II) THE AGREEMENT MAY CON TAIN A GRIEVANCE PROCEDURE 31 PROVIDING FOR NONBIN DING ARBITRATION OR GRIEVANCES. 32 (III) AN AGREEMENT REACHED IN ACCORDANCE WITH T HIS 33 PARAGRAPH SHALL BE I N WRITING AND SIGNED BY THE DESIGNATED 34 REPRESENTATIVES OF T HE PARTIES INVOLVED IN THE COLLECTIVE BA RGAINING 35 PROCESS. 36 SENATE BILL 767 5 (IV) SUBJECT TO SUBPARAGRA PH (V) OF THIS PARAGRAPH , AN 1 AGREEMENT IS NOT EFF ECTIVE UNTIL IT IS R ATIFIED BY A MAJORIT Y OF VOTES 2 CAST BY THE MEMBERS IN THE BARGAINING UN IT, THE SHERIFF, AND THE COUNTY 3 COMMISSIONERS . 4 (V) ADDITIONAL FUNDING , IF ANY, REQUIRED AS A RESULT OF 5 THE AGREEMENT SHALL BE SUBJECT TO APPROV AL BY THE COUNTY 6 COMMISSIONERS . 7 (VI) THE EXCLUSIVE REPRESE NTATIVE, THE SHERIFF, AND THE 8 COUNTY ADMINISTRATOR MAY EAC H DESIGNATE AT LEAST ONE BUT NOT MORE 9 THAN FOUR INDIVIDUAL S FOR REPRESENTATION IN CO LLECTIVE BARGAINING 10 NEGOTIATIONS . 11 (VII) AN AGREEMENT IS NOT V ALID IF IT EXTENDS F OR LESS 12 THAN 1 YEAR OR MORE THAN 4 YEARS. 13 (7) THIS SUBSECTION MAY N OT BE CONSTRUED AS A UTHORIZING OR 14 OTHERWISE ALLOWING A CORRECTIONAL DEPUTY TO ENGAGE IN A STRIKE AS 15 DEFINED IN § 3–303 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 16 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 October 1, 2025. 18 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.