| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb0767* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 767 | |
| 11 | 8 | D2 5lr1916 | |
| 12 | 9 | ||
| 13 | - | By: Senator | |
| 10 | + | By: Senator Jackson | |
| 14 | 11 | Introduced and read first time: January 27, 2025 | |
| 15 | 12 | Assigned to: Finance | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 25, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Calvert County Sheriff – Deputy Sheriffs and Correctional Deputies – Collective 2 | |
| 25 | 19 | Bargaining 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of providing that certain deputy sheriffs and correctional deputies in the 4 | |
| 28 | 22 | Calvert County Sheriff’s Office have the right to organize and negotiate with the 5 | |
| 29 | - | County Commissioners | |
| 30 | - | ||
| 31 | - | ||
| 32 | - | ||
| 23 | + | County Commissioners of Calvert County and the Calvert County Sheriff with 6 | |
| 24 | + | regard to certain wages and employee health care premium share in a certain 7 | |
| 25 | + | manner; and generally relating to collective bargaining rights of Calvert County 8 | |
| 26 | + | deputy sheriffs and correctional deputies. 9 | |
| 33 | 27 | ||
| 34 | 28 | BY repealing and reenacting, without amendments, 10 | |
| 35 | 29 | Article – Courts and Judicial Proceedings 11 | |
| 36 | 30 | Section 2–318(a) 12 | |
| 37 | 31 | Annotated Code of Maryland 13 | |
| 38 | 32 | (2020 Replacement Volume and 2024 Supplement) 14 | |
| 39 | 33 | ||
| 40 | 34 | BY repealing and reenacting, with amendments, 15 | |
| 41 | 35 | Article – Courts and Judicial Proceedings 16 | |
| 42 | 36 | Section 2–318(c)(1) 17 | |
| 43 | 37 | Annotated Code of Maryland 18 | |
| 44 | 38 | (2020 Replacement Volume and 2024 Supplement) 19 | |
| 45 | 39 | ||
| 46 | 40 | BY adding to 20 | |
| 47 | 41 | Article – Courts and Judicial Proceedings 21 | |
| 48 | - | Section 2–318(h) 22 2 SENATE BILL 767 | |
| 42 | + | Section 2–318(h) 22 | |
| 43 | + | Annotated Code of Maryland 23 | |
| 44 | + | (2020 Replacement Volume and 2024 Supplement) 24 | |
| 45 | + | ||
| 46 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 | |
| 47 | + | That the Laws of Maryland read as follows: 26 | |
| 48 | + | 2 SENATE BILL 767 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Annotated Code of Maryland 1 | |
| 52 | - | (2020 Replacement Volume and 2024 Supplement) 2 | |
| 51 | + | Article – Courts and Judicial Proceedings 1 | |
| 53 | 52 | ||
| 54 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 | |
| 55 | - | That the Laws of Maryland read as follows: 4 | |
| 53 | + | 2–318. 2 | |
| 56 | 54 | ||
| 57 | - | ||
| 55 | + | (a) This section applies only in Calvert County. 3 | |
| 58 | 56 | ||
| 59 | - | 2–318. 6 | |
| 57 | + | (c) (1) The Sheriff may appoint deputy sheriffs and correctional deputies in 4 | |
| 58 | + | the number and at the salary approved by the County Commissioners OR PRESCRIBED IN 5 | |
| 59 | + | A COLLECTIVE BARGAININ G AGREEMENT , AS APPLICABLE . 6 | |
| 60 | 60 | ||
| 61 | - | (a) This section applies only in Calvert County. 7 | |
| 61 | + | (H) (1) THIS SUBSECTION APPLI ES ONLY TO ALL FULL –TIME DEPUTY 7 | |
| 62 | + | SHERIFFS AND CORRECT IONAL DEPUTIES IN THE CALVERT COUNTY SHERIFF’S 8 | |
| 63 | + | OFFICE AT THE RANK OF MAJOR AND BELOW. 9 | |
| 62 | 64 | ||
| 63 | - | ( | |
| 64 | - | ||
| 65 | - | ||
| 66 | - | ||
| 67 | - | ||
| 65 | + | (2) SWORN DEPUTY SHERIFFS AND CORRECTIONAL DEPUTIES 10 | |
| 66 | + | SUBJECT TO THIS SUBS ECTION SHALL HAVE TH E RIGHT TO ORGANIZE AN D 11 | |
| 67 | + | NEGOTIATE WITH THE COUNTY COMMISSIONERS AND THE SHERIFF WITH REGARD 12 | |
| 68 | + | TO WAGES AND EMPLOYE E HEALTH CARE PREMIU M SHARE NOT REGULATED BY THE 13 | |
| 69 | + | SHERIFF. 14 | |
| 68 | 70 | ||
| 69 | - | (H) (1) THIS SUBSECTION APPLI ES ONLY TO ALL FULL –TIME DEPUTY 13 | |
| 70 | - | SHERIFFS AND CORRECT IONAL DEPUTIES IN TH E CALVERT COUNTY SHERIFF’S 14 | |
| 71 | - | OFFICE AT THE RANK OF MAJOR AND BELOW . 15 | |
| 71 | + | (3) THE TERMS OF ANY AGRE EMENT WITH REGARD TO WAGES AND 15 | |
| 72 | + | EMPLOYEE HEALTH CARE PREMIUM SHARE NOT REGULATED BY THE SHERIFF 16 | |
| 73 | + | SHALL BE SET FORTH I N A MEMORANDUM OF AG REEMENT ENTERED INTO BETWEEN 17 | |
| 74 | + | THE SHERIFF, THE COUNTY COMMISSIONERS , AND THE EMPLOYEE ORG ANIZATION 18 | |
| 75 | + | THAT IS CERTIFIED AS THE EXCLUSIVE REPRES ENTATIVE IN ACCORDAN CE WITH A 19 | |
| 76 | + | PROCESS AGRE ED TO BY THE PARTIES. 20 | |
| 72 | 77 | ||
| 73 | - | (2) SWORN DEPUTY SHERIFFS AND CORRECTIONAL DEP UTIES 16 | |
| 74 | - | SUBJECT TO THIS SUBS ECTION SHALL HAVE THE RIGHT TO ORGANIZE AND 17 | |
| 75 | - | NEGOTIATE WITH THE COUNTY COMMISSIONERS AND THE SHERIFF WITH REGARD 18 | |
| 76 | - | TO WAGES AND EMPLOYE E HEALTH CARE PREMIU M SHARE NOT REGULATE D BY THE 19 | |
| 77 | - | SHERIFF. 20 | |
| 78 | + | (4) AN AGREEMENT WITH REG ARD TO WAGES AND EMP LOYEE 21 | |
| 79 | + | HEALTH CARE PREMIUM SHARE NOT REGULATED BY THE SHERIFF IS NOT 22 | |
| 80 | + | EFFECTIVE UNTIL THE AGREEMENT IS RATIFIE D BY: 23 | |
| 78 | 81 | ||
| 79 | - | (3) THE TERMS OF ANY AGRE EMENT WITH REGARD TO WAGES AND 21 | |
| 80 | - | EMPLOYEE HEALTH CARE PREMIUM SHARE NOT RE GULATED BY THE SHERIFF 22 | |
| 81 | - | SHALL BE SET FORTH I N A MEMORANDUM OF AG REEMENT ENTERED INTO BETWEEN 23 | |
| 82 | - | THE SHERIFF, THE COUNTY COMMISSIONERS , AND THE EMPLOYEE ORG ANIZATION 24 | |
| 83 | - | THAT IS CERTIFIED AS THE EXCLUSIVE REPRES ENTATIVE IN ACCORDAN CE WITH A 25 | |
| 84 | - | PROCESS AGREED TO BY THE PARTIES. 26 | |
| 82 | + | (I) THE SHERIFF; 24 | |
| 85 | 83 | ||
| 86 | - | (4) AN AGREEMENT WITH REG ARD TO WAGES AND EMP LOYEE 27 | |
| 87 | - | HEALTH CARE PREMIUM SHARE NOT REGULATED BY THE SHERIFF IS NOT 28 | |
| 88 | - | EFFECTIVE UNTIL THE AGREEMEN T IS RATIFIED BY: 29 | |
| 84 | + | (II) THE COUNTY COMMISSIONERS ; AND 25 | |
| 89 | 85 | ||
| 90 | - | ( | |
| 86 | + | (III) THE EXCLUSIVE REPRESENTA TIVE. 26 | |
| 91 | 87 | ||
| 92 | - | (II) THE COUNTY COMMISSIONERS ; AND 31 | |
| 88 | + | (5) A MODIFICATION TO AN E XISTING MEMORANDUM O F AGREEMENT 27 | |
| 89 | + | IS NOT VALID UNLESS THE MODIFICATION IS IN WRITING AND RATIF IED BY: 28 | |
| 93 | 90 | ||
| 94 | - | (III) THE EXCLUSIVE REPRESE NTATIVE. 32 | |
| 91 | + | (I) THE SHERIFF; 29 | |
| 92 | + | ||
| 93 | + | (II) THE COUNTY COMMISSIONERS ; AND 30 | |
| 95 | 94 | SENATE BILL 767 3 | |
| 96 | 95 | ||
| 97 | 96 | ||
| 98 | - | (5) A MODIFICATION TO AN E XISTING MEMORANDUM O F AGREEMENT 1 | |
| 99 | - | IS NOT VALID UNLESS THE MODIFICATION IS IN WRITING AND RATIF IED BY: 2 | |
| 97 | + | (III) THE EXCLUSIVE REPRESENTA TIVE. 1 | |
| 100 | 98 | ||
| 101 | - | (I) THE SHERIFF; 3 | |
| 102 | - | ||
| 103 | - | (II) THE COUNTY COMMISSIONERS ; AND 4 | |
| 104 | - | ||
| 105 | - | (III) THE EXCLUSIVE REPRESE NTATIVE MAY: 5 | |
| 106 | - | ||
| 107 | - | (I) TAKE PART OR REFRAIN FROM TAKING PART IN FORMING, 6 | |
| 108 | - | JOINING, SUPPORTING , OR PARTICIPATING IN A LABOR ORGANIZATION OR ITS 7 | |
| 109 | - | LAWFUL ACTIVITIES ; 8 | |
| 110 | - | ||
| 111 | - | (II) SELECT A LABOR ORGANI ZATION AS THEIR EXCL USIVE 9 | |
| 112 | - | REPRESENTATIVE ; 10 | |
| 113 | - | ||
| 114 | - | (III) ENGAGE IN COLLECTIVE BARGAINING WITH THE SHERIFF 11 | |
| 115 | - | AND THE COUNTY ADMINISTRATOR CONCERN ING WAGES AND EMPLOY EE BENEFITS 12 | |
| 116 | - | THROUGH A LABOR ORGA NIZATION CERTIFIED A S THEIR EXCLUSIVE 13 | |
| 117 | - | REPRESEN TATIVE; 14 | |
| 118 | - | ||
| 119 | - | (IV) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , ENTER 15 | |
| 120 | - | INTO A COLLECTIVE BA RGAINING AGREEMENT , THROUGH THE EXCLUSIV E 16 | |
| 121 | - | REPRESENTATIVE , COVERING THOSE WAGES AND BENEFITS; AND 17 | |
| 122 | - | ||
| 123 | - | (V) DECERTIFY A LABOR ORG ANIZATION AS THEIR E XCLUSIVE 18 | |
| 124 | - | REPRESENTATIV E. 19 | |
| 125 | - | ||
| 126 | - | (3) ANY ADDITIONAL FUNDIN G REQUIRED AS A RESU LT OF A 20 | |
| 127 | - | NEGOTIATED COLLECTIV E BARGAINING AGREEME NT IS SUBJECT TO APP ROVAL BY 21 | |
| 128 | - | THE COUNTY COMMISSIONERS . 22 | |
| 129 | - | ||
| 130 | - | (4) (I) A LABOR ORGANIZATION S HALL BE DEEMED CERTI FIED AS 23 | |
| 131 | - | THE EXCLUSIVE REPRES ENTATIVE IF THE FOLL OWING CONDITIONS ARE MET: 24 | |
| 132 | - | ||
| 133 | - | 1. A PETITION FOR THE LAB OR ORGANIZATION TO B E 25 | |
| 134 | - | RECOGNIZED BY THE SHERIFF IS SIGNED BY AT LEAST 51% OF THE SWORN DEPUTY 26 | |
| 135 | - | SHERIFFS AT THE RANK OF SERGEANT AND BELO W INDICATING THEIR D ESIRE TO BE 27 | |
| 136 | - | EXCLUSIVELY REPRESEN TED BY THE PETITIONER FOR THE P URPOSE OF 28 | |
| 137 | - | COLLECTIVE BARGAININ G; AND 29 | |
| 138 | - | ||
| 139 | - | 2. THE PETITION IS SUBMI TTED TO THE SHERIFF. 30 | |
| 140 | - | 4 SENATE BILL 767 | |
| 141 | - | ||
| 142 | - | ||
| 143 | - | (II) IF THE SHERIFF DOES NOT CHAL LENGE THE VALIDITY O F 1 | |
| 144 | - | THE PETITION WITHIN 20 CALENDAR DAYS FOLLOW ING RECEIPT OF THE P ETITION, 2 | |
| 145 | - | THE LABOR ORGANIZA TION SHALL BE DEEMED CERTIFIED AS THE EXC LUSIVE 3 | |
| 146 | - | REPRESENTATIVE . 4 | |
| 147 | - | ||
| 148 | - | (III) IF THE SHERIFF CHALLENGES TH E VALIDITY OF THE 5 | |
| 149 | - | PETITION, THE AMERICAN ARBITRATION ASSOCIATION SHALL BE REQUESTED TO 6 | |
| 150 | - | APPOINT A THIRD –PARTY NEUTRAL ARBITR ATOR TO CONDUCT A SE CRET BALLOT 7 | |
| 151 | - | ELECTION AND TO CERT IFY WHETHER THE LABO R ORGANIZATION HAS B EEN 8 | |
| 152 | - | SELECTED AS THE EXCL USIVE REPRESENTATIVE BY A 51% VOTE OF THE SWORN 9 | |
| 153 | - | DEPUTY SHERIFFS AND CORRECTIONAL DEPUTIE S WITH THE RANK OF M AJOR AND 10 | |
| 154 | - | BELOW. 11 | |
| 155 | - | ||
| 156 | - | (IV) THE COSTS ASSOCIATED WITH THE AMERICAN 12 | |
| 157 | - | ARBITRATION ASSOCIATION AND THE T HIRD–PARTY NEUTRAL ARBITR ATOR SHALL 13 | |
| 158 | - | BE SHARED EQUALLY BY THE PARTIES. 14 | |
| 159 | - | ||
| 160 | - | (5) (I) FOLLOWING THE CERTIFI CATION OF AN EXCLUSI VE 15 | |
| 161 | - | REPRESENTATIVE AS PR OVIDED IN PARAGRAPH (4) OF THIS SUBSECTION , THE 16 | |
| 162 | - | PARTIES SHALL MEET A T REASONABLE TIMES AND ENGAGE IN COLLECTIVE 17 | |
| 163 | - | BARGAINING IN GOOD F AITH. 18 | |
| 164 | - | ||
| 165 | - | (II) THE PARTIES SHALL MAK E EVERY REASONABLE E FFORT TO 19 | |
| 166 | - | CONCLUDE NEGOTIATION S IN A TIMELY MANNER TO ALLOW FOR INCLUSI ON BY THE 20 | |
| 167 | - | SHERIFF’S OFFICE OF MATTERS AGR EED ON IN ITS BUDGET REQUEST. 21 | |
| 168 | - | ||
| 169 | - | (III) THE SHERIFF AND THE COUNTY ADMINISTRATOR MAY NOT 22 | |
| 170 | - | BE REQUIRED TO ENGAG E IN COLLECTIVE BARG AINING NEGOTIATIONS WITH THE 23 | |
| 171 | - | EXCLUSIVE REPRESENTA TIVE AFTER THE TIME THAT THE COUNTY 24 | |
| 172 | - | COMMISSIONERS APPROVE THE ANNUAL OPERATING BUDGET WITH REGARD T O 25 | |
| 173 | - | CONDITIONS OF EMPLOYMENT REQUIRING THE APPROP RIATION OF FUNDS IN THE 26 | |
| 174 | - | ANNUAL OPERATING BUD GET. 27 | |
| 175 | - | ||
| 176 | - | (6) (I) A COLLECTIVE BARGAININ G AGREEMENT SHALL CO NTAIN 28 | |
| 177 | - | ALL MATTERS OF AGREE MENT REACHED IN THE COLLECTIVE BARGAININ G 29 | |
| 178 | - | PROCESS. 30 | |
| 179 | - | ||
| 180 | - | (II) THE AGREEMENT MAY CON TAIN A GRIEVANCE PROCEDURE 31 | |
| 181 | - | PROVIDING FOR NONBIN DING ARBITRATION OR GRIEVANCES. 32 | |
| 182 | - | ||
| 183 | - | (III) AN AGREEMENT REACHED IN ACCORDANCE WITH T HIS 33 | |
| 184 | - | PARAGRAPH SHALL BE I N WRITING AND SIGNED BY THE DESIGNATED 34 | |
| 185 | - | REPRESENTATIVES OF T HE PARTIES INVOLVED IN THE COLLECTIVE BA RGAINING 35 | |
| 186 | - | PROCESS. 36 SENATE BILL 767 5 | |
| 187 | - | ||
| 188 | - | ||
| 189 | - | ||
| 190 | - | (IV) SUBJECT TO SUBPARAGRA PH (V) OF THIS PARAGRAPH , AN 1 | |
| 191 | - | AGREEMENT IS NOT EFF ECTIVE UNTIL IT IS R ATIFIED BY A MAJORIT Y OF VOTES 2 | |
| 192 | - | CAST BY THE MEMBERS IN THE BARGAINING UN IT, THE SHERIFF, AND THE COUNTY 3 | |
| 193 | - | COMMISSIONERS . 4 | |
| 194 | - | ||
| 195 | - | (V) ADDITIONAL FUNDING , IF ANY, REQUIRED AS A RESULT OF 5 | |
| 196 | - | THE AGREEMENT SHALL BE SUBJECT TO APPROV AL BY THE COUNTY 6 | |
| 197 | - | COMMISSIONERS . 7 | |
| 198 | - | ||
| 199 | - | (VI) THE EXCLUSIVE REPRESE NTATIVE, THE SHERIFF, AND THE 8 | |
| 200 | - | COUNTY ADMINISTRATOR MAY EAC H DESIGNATE AT LEAST ONE BUT NOT MORE 9 | |
| 201 | - | THAN FOUR INDIVIDUAL S FOR REPRESENTATION IN CO LLECTIVE BARGAINING 10 | |
| 202 | - | NEGOTIATIONS . 11 | |
| 203 | - | ||
| 204 | - | (VII) AN AGREEMENT IS NOT V ALID IF IT EXTENDS F OR LESS 12 | |
| 205 | - | THAN 1 YEAR OR MORE THAN 4 YEARS. 13 | |
| 206 | - | ||
| 207 | - | (7) THIS SUBSECTION MAY N OT BE CONSTRUED AS A UTHORIZING OR 14 | |
| 208 | - | OTHERWISE ALLOWING A CORRECTIONAL DEPUTY TO ENGAGE IN A STRIKE AS 15 | |
| 209 | - | DEFINED IN § 3–303 OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 16 | |
| 210 | - | ||
| 211 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17 | |
| 212 | - | October 1, 2025. 18 | |
| 213 | - | ||
| 214 | - | ||
| 215 | - | ||
| 216 | - | ||
| 217 | - | Approved: | |
| 218 | - | ________________________________________________________________________________ | |
| 219 | - | Governor. | |
| 220 | - | ________________________________________________________________________________ | |
| 221 | - | President of the Senate. | |
| 222 | - | ________________________________________________________________________________ | |
| 223 | - | Speaker of the House of Delegates. | |
| 99 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2 | |
| 100 | + | October 1, 2025. 3 |