Maryland § 2-314

§ 2-314.

    (a)    This section applies only in Allegany County.

    (b)    The Sheriff of Allegany County shall receive the salary set by the County Commissioners of Allegany County in accordance with Title 28, Subtitle 1 of the Local Government Article.

    (c)    (1)    The Sheriff shall appoint not less than five deputies at salaries determined by the Sheriff’s budget who are under the county classified service.

        (2)    At least one of the deputies shall be assigned by the Sheriff to:

            (i)    Execute process, orders, and directions for the juvenile court; and

            (ii)    Perform the other duties the Sheriff assigns.

    (d)    (1)    If authorized by the County Commissioners, the Sheriff may employ a clerk–bookkeeper under the county classified service at a salary agreed on by the Sheriff and the County Commissioners.

        (2)    The clerk–bookkeeper shall perform the duties assigned by the Sheriff, including the preparation of reports submitted by the Sheriff’s Office to the grand jury or the County Commissioners.

    (e)    If the Sheriff approves after considering personnel needs, the County Commissioners may authorize a deputy sheriff to perform off–duty services for any person who agrees to pay a fee, including:

        (1)    Hourly rates for off–duty service;

        (2)    Any necessary insurance to be determined by the County Commissioners;

        (3)    Any fringe benefits; and

        (4)    The reasonable rental cost of uniforms or other equipment used by any off–duty personnel.

    (f)    (1)    The Sheriff, with the approval of the County Commissioners, may appoint a chief deputy sheriff who shall perform all legal functions of the Sheriff during any temporary absence, sickness, vacation, or vacancy of office of the Sheriff.

        (2)    The Sheriff may appoint as chief deputy a person who has not served as a deputy sheriff.

        (3)    The chief deputy sheriff:

            (i)    Shall serve at the Sheriff’s pleasure; and

            (ii)    Is not under the county classified service.

    (g)    (1)    This subsection does not apply to officers in the Sheriff’s Office at a rank of lieutenant or above.

        (2)    Deputies, officers, and civilian employees of the Sheriff’s Office, including the county jail, have the right to organize and bargain collectively with the Sheriff concerning wages and benefits, hours, working conditions, discipline procedures, and job security issues through a labor organization selected by the majority of the deputies, officers, and civilian employees.

        (3)    The Sheriff shall meet with the labor organization and engage in good faith negotiations to reach a written agreement on wages and benefits, hours, working conditions, discipline procedures, and job security issues.

        (4)    If the labor organization and the Sheriff are unable to reach an agreement during the collective bargaining process, either the labor organization or the Sheriff may seek nonbinding mediation through the Federal Mediation and Conciliation Service by giving at least 15 days’ notice to the other party and to the Federal Mediation and Conciliation Service.

        (5)    (i)    If the Sheriff and the labor organization are unable to agree to the interpretation or application of a written agreement entered under this subsection, the Sheriff or the labor organization may demand arbitration before a neutral labor arbitrator in accordance with this paragraph.

            (ii)    An arbitration initiated under this paragraph shall be conducted before a single arbitrator.

            (iii)    1.    The arbitrator shall be selected to hear the dispute from a panel of seven arbitrators who are members of the National Academy of Arbitrators.

                2.    The panel shall be requested from the Federal Mediation and Conciliation Service.

            (iv)    The parties shall select an arbitrator by alternative strikes from the panel.

            (v)    The arbitrator selected may schedule a hearing, issue subpoenas to compel the testimony of witnesses and the production of documents, administer oaths, and declare the record closed.

            (vi)    The written decision of the arbitrator shall be:

                1.    Final and binding on the Sheriff, employee, and the labor organization to the extent the decision addresses wages and benefits; and

                2.    Nonbinding to the extent the decision addresses hours, working conditions, discipline procedures, and job security issues.

            (vii)    The Sheriff and labor organization shall share equally in the costs of the arbitration proceeding.

        (6)    This subsection may not be construed to authorize an employee of the Sheriff’s Office or of the county jail to engage in a strike.