ROBERT L. EHRLICH, JR., Governor

Ch. 403

C. 4. DURING THE PROBATIONARY PERIOD, THE
DETERMINATION OF THE EMPLOYEE'S QUALIFICATIONS AND ABILITY TO SERVE IN
THE POSITION OF A PERMANENT, NONPROBATIONARY EMPLOYEE SHALL BE WITHIN
THE EXCLUSIVE DISCRETION OF THE SHERIFF, SUBJECT TO THE MONTGOMERY
COUNTY MERIT SYSTEM LAWS AND PERSONNEL REGULATIONS.

(3) (i) The Sheriff shall fix the compensation of, and may discharge,
the deputy sheriffs, and other employees appointed, subject to budget limitations
[and the regulations of the Montgomery County Personnel Board], THE
MONTGOMERY COUNTY MERIT SYSTEM LAW, PERSONNEL REGULATIONS, OR
APPLICABLE COLLECTIVE BARGAINING AGREEMENT. The Sheriff shall fix the
compensation of the assistant sheriffs subject to budget limitations.

(ii) Except for the assistant sheriffs, personnel appointed by the
Sheriff shall be considered for all purposes as Montgomery County merit system
employees and subject to [all rules and regulations of the Personnel Board of ] THE
Montgomery County MERIT SYSTEM LAW AND PERSONNEL REGULATIONS. Assistant
sheriffs shall serve at the pleasure of the Sheriff and shall meet the qualifications of
the Maryland Police Training Commission standards for law enforcement officers.

(III)    1. NONPROBATIONARY DEPUTY SHERIFFS BELOW THE RANK
OF SERGEANT AND NONPROBATIONARY CIVILIAN EMPLOYEES AS DEFINED IN THE
MONTGOMERY COUNTY CODE, § 33-102(4), SHALL HAVE THE RIGHT TO ORGANIZE
AND BARGAIN COLLECTIVELY IN ACCORDANCE WITH THE MONTGOMERY COUNTY
CODE, CHAPTER 33, ARTICLE VII, WITH REGARD TO COMPENSATION, PENSION FOR
ACTIVE EMPLOYEES, FRINGE BENEFITS, HOURS, AND TERMS AND CONDITIONS OF
EMPLOYMENT, INCLUDING PERFORMANCE STANDARDS AND EVALUATION
PROCEDURES.

2. A. EMPLOYEES, OTHER THAN THE ASSISTANT
SHERIFFS, ARE SUBJECT TO THE MONTGOMERY COUNTY MERIT SYSTEM LAW AND
PERSONNEL REGULATIONS AND MAY BE EXCLUDED FROM THOSE PROVISIONS ONLY
TO THE EXTENT THAT THE APPLICABILITY OF THOSE PROVISIONS IS MADE THE
SUBJECT OF COLLECTIVE BARGAINING.

B. 3. AS TO THE EMPLOYEES DESCRIBED IN
SUBSUBSUBPARAGRAPH A OF THIS SUBSUBPARAGRAPH SUBSUBPARAGRAPH 1 OF
THIS SUBPARAGRAPH, THE MONTGOMERY COUNTY EXECUTIVE SHALL BE
CONSIDERED THE EMPLOYER OF THE EMPLOYEES UNDER THE MONTGOMERY
COUNTY CODE, CHAPTER 33, ARTICLE VII, ONLY FOR THE PURPOSE OF COLLECTIVE
BARGAINING FOR COMPENSATION, PENSION, FRINGE BENEFITS, AND HOURS.

3. 4. THE SHERIFF SHALL BE CONSIDERED THE EMPLOYER
FOR ALL OTHER PURPOSES AND SHALL BE CONSIDERED THE EMPLOYER UNDER THE
MONTGOMERY COUNTY CODE, CHAPTER 33, ARTICLE VII, FOR ALL OTHER TERMS
AND CONDITIONS OF EMPLOYMENT.

(IV)    ANY REQUIRED FUNDING FOR A COLLECTIVE BARGAINING
AGREEMENT NEGOTIATED BY THE SHERIFF IS SUBJECT TO THE BUDGET AND FISCAL
POLICIES OF MONTGOMERY COUNTY.

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