Ch. 129

2004 LAWS OF MARYLAND

(II) 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.

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

(4) (I) THE SERVICE OR REPRESENTATION FEE SHALL BE BASED
ONLY ON THE EXPENSES INCURRED BY THE EMPLOYEE ORGANIZATION IN ITS
REPRESENTATION IN NEGOTIATIONS, CONTRACT ADMINISTRATION, INCLUDING
GRIEVANCES, AND OTHER ACTIVITIES UNDER THIS SECTION.

(II) POLITICAL ACTIVITIES OF THE EMPLOYEE ORGANIZATION
DESIGNATED AS THE EXCLUSIVE REPRESENTATIVE MAY NOT BE FINANCED WITH
THE FUNDS COLLECTED FROM THE SERVICE OR REPRESENTATION FEE.

(2) (5) AN EMPLOYEE WHOSE RELIGIOUS BELIEFS ARE OPPOSED TO
JOINING OR FINANCIALLY SUPPORTING ANY COLLECTIVE BARGAINING
ORGANIZATION IS:

(I)      NOT REQUIRED TO PAY A SERVICE OR REPRESENTATION FEE;
AND

(II)     REQUIRED TO PAY AN AMOUNT OF MONEY AS DETERMINED
UNDER PARAGRAPH (1) OF THIS SUBSECTION TO A NONRELIGIOUS, NONUNION
CHARITY OR TO ANOTHER CHARITABLE ORGANIZATION THAT IS MUTUALLY AGREED
UPON BY THE EMPLOYEE AND THE EXCLUSIVE REPRESENTATIVE, AND WHO
FURNISHES TO THE PUBLIC SCHOOL EMPLOYER AND THE EXCLUSIVE
REPRESENTATIVE WRITTEN PROOF OF THE PAYMENT.

(3) (I) ANY NEGOTIATED AGREEMENT THAT INCLUDES A

REPRESENTATION FEE SHALL ALSO CONTAIN A PROVISION THAT IDENTIFIES AN
AMOUNT OF REVENUE EQUAL TO A PORTION OF THE REPRESENTATION FEE
COLLECTED AND DESIGNATED FOR THE LOCAL BARGAINING REPRESENTATIVE TO
BE COMMITTED TO PROFESSIONAL DEVELOPMENT FOR REPRESENTED EDUCATORS.

(II) THE PORTION OF THE REPRESENTATION FEE COLLECTED AND
DESIGNATED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL;

1. BE NEGOTIATED BETWEEN THE LOCAL BARGAINING
REPRESENTATIVE AND THE COUNTY BOARD; AND

2. MAY NOT BE GREATER THAN 25% OF THE ANNUAL
AMOUNT COLLECTED AND DESIGNATED UNDER THIS SUBSECTION FOR THE LOCAL
BARGAINING REPRESENTATIVE IN REPRESENTATION FEES.

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