Ch. 561                                     1993 LAWS OF MARYLAND

(4)     THE COLLECTIVE BARGAINING AGREEMENT SUPERSEDES ANY
CONFLICTING REGULATION OR ADMINISTRATIVE POLICY OF THE COMMISSION.

(5)     A SINGLE YEAR OR MULTIPLE YEAR COLLECTIVE BARGAINING
AGREEMENT SHALL EXPIRE AT THE CLOSE OF THE APPROPRIATE FISCAL YEAR.

(6)     (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A COLLECTIVE BARGAINING UNIT SHALL BE EFFECTIVE UPON THE
APPROVAL OF THE COMMISSION AND THE MEMBERSHIP OF THE UNION
REPRESENTING THE BARGAINING UNIT.

(II) THE ECONOMIC REQUIREMENTS OF A COLLECTIVE
BARGAINING AGREEMENT SHALL BE EFFECTIVE ONLY UPON APPROVAL BY THE
MONTGOMERY COUNTY AND PRINCE GEORGE'S COUNTY COUNCILS.

(N) (1) THE COMMISSION SHALL INCLUDE IN ITS ANNUAL PROPOSED
OPERATING BUDGET SUBMITTED TO THE COUNTY EXECUTIVES OF MONTGOMERY
COUNTY AND PRINCE GEORGE'S COUNTY ADEQUATE FUNDING TO CARRY OUT A
COLLECTIVE BARGAINING AGREEMENT.               

(2) UNLESS THE MONTGOMERY COUNTY AND PRINCE GEORGE'S
COUNTY COUNCILS APPROVE THE COMMISSION'S BUDGET SO AS TO IMPLEMENT
THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENT, THE COMMISSION OR
AN EMPLOYEE ORGANIZATION, WITHIN 20 DAYS AFTER FINAL BUDGET ACTION,
MAY GIVE WRITTEN NOTICE TO THE OTHER PARTY THAT IT IS REOPENING THE
NEGOTIATED AGREEMENT.

(O) IF A PROVISION IN A COLLECTIVE BARGAINING AGREEMENT IS RULED

INVALID OR IS NOT FUNDED BY MONTGOMERY COUNTY OR PRINCE GEORGE'S
COUNTY, THE REMAINDER OF THE AGREEMENT REMAINS IN EFFECT UNLESS
REOPENED UNDER SUBSECTION (N) (2) OF THIS SECTION.

(P) (1) THIS SECTION AND ANY AGREEMENT MADE UNDER IT MAY NOT
IMPAIR THE RIGHT AND RESPONSIBILITY OF THE COMMISSION TO PERFORM THE
FOLLOWING:                                                                             

(I)      DETERMINE THE OVERALL BUDGET AND MISSION OF THE
COMMISSION;

(II)     MAINTAIN AND IMPROVE THE EFFICIENCY AND
EFFECTIVENESS OF OPERATIONS;

(III) DETERMINE THE SERVICES TO BE RENDERED AND THE

OPERATIONS TO BE PERFORMED;

(IV) DETERMINE THE LOCATION OF FACILITIES AND THE OVERALL
ORGANIZATIONAL STRUCTURE, METHODS, PROCESSES, MEANS, JOB
CLASSIFICATIONS, AND PERSONNEL BY WHICH OPERATIONS ARE TO BE
CONDUCTED;

(V) DIRECT AND SUPERVISE EMPLOYEES;
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