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ROBERT L. EHRLICH, JR., Governor S.B. 232
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(iii) 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.
(iv) 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.
(v) 1. The agency or representation fee shall be based only on
the expenses incurred by the employee organization in its representation in
negotiations, contract administration, including the handling of grievances, and other
activities, as required under this section.
2. Any political activities of the employee organization
designated as the exclusive representative may not be financed by the funds collected
from the agency or representation fee.
(6) In Montgomery County, an employee who is a home or hospital
teacher and who works on a short-term day-to-day basis is not required to pay a
service or representation fee.
(d) (1) In Allegany County, CHARLES COUNTY, Garrett County, and
Washington County, the public school employer may negotiate with the employee
organization designated as the exclusive representative for the public school
employees in a unit, a reasonable service or representation fee, to be charged
nonmembers for representing them in negotiation, contract administration, including
grievances, and other activities specified under subsection (b) of this section.
(2) IN CHARLES COUNTY, THE PROVISIONS OF THIS SUBSECTION SHALL
APPLY ONLY TO EMPLOYEES WHO ARE HIRED ON OR AFTER JULY 1, 2005.
(e) In Garrett County:
(1) A public school employee who is not a member of the employee
organization designated as the exclusive representative for the public school
employees in a unit at the time that a negotiated service or representation fee is
initiated is exempt from the fee provided under subsection (d) of this section; and
(2) An individual who becomes a public school employee after the time
that a negotiated service or representation fee is initiated and does not join the
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