WILLIAM DONALD SCHAEFER, Governor                            Ch. 543

Article - Education

6-504.

(b) In Montgomery County [and], Allegany County, AND BALTIMORE COUNTY,
the County Board, with respect to noncertificated employees, shall negotiate a structure
of reasonable service fees to be charged nonmembers for representation in negotiations
and grievance matters by employee organizations.

(d) (1) In Anne Arundel County AND BALTIMORE COUNTY, the County
Board, with respect to noncertificated employees, may negotiate a structure of reasonable
service fees to be charged nonmembers for representation in negotiations and grievance
matters by employee organizations.

(2) In Anne Arundel County, if the County Board negotiates a structure of
fees as authorized under this subsection:

(i) Each party shall:

1. Confer in good faith, at all reasonable times; and

2. Reduce to writing the matters agreed on as a result of the
negotiations; and

(ii) Neither party is required to agree to any proposal or to make any
concession.

(3) (I) THE PROVISIONS OF THIS PARAGRAPH APPLY IF AN AGENCY
OR REPRESENTATION FEE IS NEGOTIATED IN BALTIMORE COUNTY.

(II)     1. SUBJECT TO THE PROVISIONS OF SUB-SUBPARAGRAPH 2
OF THIS SUBPARAGRAPH. THE EMPLOYEE ORGANIZATION DESIGNATED AS THE
EXCLUSIVE REPRESENTATIVE FOR THE PUBLIC SCHOOL EMPLOYEES SHALL
INDEMNIFY AND HOLD HARMLESS THE BOARD OF EDUCATION OF BALTIMORE
COUNTY AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, OR ANY OTHER FORMS
OF LIABILITY THAT MAY ARISE OUT OF, OR BY REASON OF, ACTION TAKEN BY THE
BOARD FOR THE PURPOSE OF COMPLYING WITH ANY OF THE AGENCY OR
REPRESENTATION FEE PROVISIONS OF THE NEGOTIATED AGREEMENT.

2. THE BOARD SHALL RETAIN WITHOUT CHARGE TO THE
BOARD THE SERVICES OF COUNSEL THAT ARE DESIGNATED BY THE EXCLUSIVE
REPRESENTATIVE WITH REGARD TO ANY CLAIM. DEMAND, SUIT, OR ANY OTHER
LIABILITY THAT MAY ARISE OUT OF, OR BY REASON OF, ACTION TAKEN BY THE
BOARD FOR THE PURPOSE OF COMPLYING WITH ANY OF THE AGENCY OR
REPRESENTATION FEE PROVISIONS OF THE NEGOTIATED AGREEMENT.

(III)    THE EMPLOYEE ORGANIZATION DESIGNATED AS THE
EXCLUSIVE REPRESENTATIVE SHALL SUBMIT TO THE BOARD AN ANNUAL AUDIT
FROM AN EXTERNAL AUDITOR THAT REFLECTS THE OPERATIONAL EXPENSES OF
THE EMPLOYEE ORGANIZATION AND EXPLAINS HOW THE REPRESENTATION FEE IS
CALCULATED BASED ON THE AUDIT.

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