3388

LAWS OF MARYLAND

Ch. 728

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 2-309(h)(2) and (3)

Annotated Code of Maryland

(1980 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

2-309.

(h) (2) Any deputy sheriff appointed pursuant to this
section shall be placed on a probationary status for the first
[six] 18 months of his employment, and may be dismissed by the
Sheriff for any reason. After [six] 18 months of continuous
employment, a deputy sheriff [has tenure, and may be discharged
by the Sheriff only for malfeasance or nonfeasance in office.
Any tenured deputy sheriff who is dismissed may appeal by
requesting a hearing before the County Commissioners of Carroll
County within five days of receipt of notification of the action
or his dismissal shall become final without further action by the
County Commissioners.] MAY BE DISCIPLINED OR DISMISSED BY THE
SHERIFF:

(I)   IN ACCORDANCE WITH THE LAW ENFORCEMENT
OFFICERS' BILL OF RIGHTS, IF THE EMPLOYEE'S RIGHTS ARE COVERED
UNDER THIS BILL OF RIGHTS; OR

(II)   IN ACCORDANCE WITH THE PERSONNEL RULES AND
REGULATIONS OF THE CARROLL COUNTY SHERIFF'S DEPARTMENT, IF THE
EMPLOYEE'S RIGHTS ARE NOT COVERED UNDER THE LAW ENFORCEMENT
OFFICERS' BILL OF RIGHTS.

[(3) Whenever a deputy sheriff appeals a dismissal,
the County Commissioners shall grant him a hearing. The County
Commissioner's decision on appeal shall be by a majority vote,
and the County Commissioners may direct that the decision be
affirmed, or it may rescind the dismissal and order the deputy
sheriff reinstated with back pay, or it may decide the case it
deems equitable.]

(3) EXCEPT FOR AN APPEAL TAKEN PURSUANT TO THE LAW
ENFORCEMENT OFFICERS' BILL OF RIGHTS, AN APPEAL BY AN AGGRIEVED
PARTY SHALL BE TAKEN TO THE CIRCUIT COURT FOR CARROLL COUNTY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 29, 1984.