Md. Code, Courts and Judicial Proceedings, Title 2

Md. Code, Courts and Judicial Proceedings, Title 2
in effect

Md. Code, Courts and Judicial Proceedings § 2-5A-01

(a) In this subtitle the following words have the meaning indicated. (b) “Director” means the director of the personnel merit system. (c) “Employee” means a person who is employed in a position that is subject to the personnel merit system. (d) “Personnel merit system” means the personnel merit system for the office of the clerk of the Circuit Court for Baltimore City, as created and provided for under this subtitle.

Md. Code, Courts and Judicial Proceedings § 2-5A-02

The personnel merit system for the office of the clerk of the Circuit Court for Baltimore City is created to provide for and administer the hiring and the other employment policies, procedures, requirements, and programs, as provided in § 2-5A-07 of this subtitle.

Md. Code, Courts and Judicial Proceedings § 2-5A-03

(a) There shall be a judicial personnel committee, with duties and powers as set forth in this subtitle. (b) The judicial personnel committee consists of three members, as follows: (1) The State Court Administrator; (2) The administrative judge of the Circuit Court for Baltimore City; and (3) The clerk of the Circuit Court for Baltimore City.

Md. Code, Courts and Judicial Proceedings § 2-5A-04

(a) The personnel merit system shall be administered in accordance with this subtitle by the director of the personnel merit system. (b) (1) The director shall be appointed by the judges of the Circuit Court for Baltimore City, on the recommendation of the judicial personnel committee. (2) The judges of the Circuit Court for Baltimore City, on the recommendation of the judicial personnel committee, may remove the director for cause.

Md. Code, Courts and Judicial Proceedings § 2-5A-05

All employees of the office of the clerk of the Circuit Court for Baltimore City shall be employees of this State and, except as otherwise provided in this article or other provision of law for specific purposes, are subject to all of the benefits and responsibilities applicable to any other State employee generally.

Md. Code, Courts and Judicial Proceedings § 2-5A-06

(a) The following positions shall be subject to the personnel merit system: (1) Any position to which an appointment by a clerk of the Supreme Bench of Baltimore City is authorized on or before June 30, 1982; (2) Any position to which an appointment by a judge of the Supreme Bench of Baltimore City is authorized on or before June 30, 1982, and that was assigned to any of the following: (i) The civil assignment commissioner’s office; (ii) The jury commissioner’s office; (iii) The criminal assignment commissioner’s office; or (iv) The juvenile court clerk’s office; (3) The six positions of deputy clerk of the proposed Circuit Court for Baltimore City that are created for the purpose of transferring the clerks of the several courts of the Supreme Bench to the office of the clerk of the Circuit Court for Baltimore City; and (4) Any position that is created or redesignated as a permanent position and assigned to the clerk of the Circuit Court for Baltimore City after January 1, 1983. (b) (1) An employee in a position under subsection (a) of this section who is a member of the A, B, or C plan of the Baltimore City Employees Retirement System as of December 31, 1982, may, within 90 days after that date, make an irrevocable election to: (i) Remain a member of the A, B, or C plan of the Baltimore City Employees Retirement System; or (ii) Become a member of the Employees’ Pension System of the State of Maryland. (2) The State shall pay to Baltimore City, for those employees electing to remain in the City system, the necessary: (i) Employer contribution; and (ii) Employee contribution withheld from the employees’ compensation by the State in accordance with City ordinance. (3) For those employees electing to become members of the Employees’ Pension System of the State of Maryland, the transfer of employer and employee contributions shall be as provided in § 37-205 of the State Personnel and Pensions Article.

Md. Code, Courts and Judicial Proceedings § 2-5A-07

(a) The Supreme Bench affirmative action policy that is in effect on January 1, 1983, and as amended from time to time by the judges of the Circuit Court for Baltimore City, shall apply to the personnel system. (b) The director of personnel shall adopt rules and regulations and establish policies necessary to administer the personnel merit system, including rules, regulations, and policies to: (1) Specify rules of employment and the responsibilities of the employees; (2) Establish a classification and compensation plan and provide for its maintenance; (3) Provide for a job-related program of recruitment, examination, selection, and appointment; (4) Provide for certification to the appointing authority of lists of candidates whose qualifications for employment have been determined by an appropriate job-related selection process; (5) Provide for a job-related program of evaluation, reclassification, promotion, transfer, and demotion of employees; (6) Establish guidelines for the discipline, supervision, termination of employees and for handling employee grievances; (7) Develop guidelines for hiring part-time, temporary, and contractual employees; (8) Establish policies governing use of leave and limitations of travel on court business; (9) Develop training programs and tuition reimbursement policies; and (10) Provide for any other guideline, procedure, or program necessary to carry out an equitable and efficient personnel system consistent with this subtitle and any other provision of law.

Md. Code, Courts and Judicial Proceedings § 2-101

(a) In this title the following words have the meanings indicated unless the context clearly requires otherwise. (b) “Appellate court” means the Supreme Court of Maryland or the Appellate Court of Maryland. (c) “Court” means the court in which the officer serves, but if the officer serves in a district of the District Court it means the District Court for the county or district in which he serves. (d) “Decree” includes a judgment or order of a court. (e) “Judge” means the judge of a court in which the officer serves. (f) “Penalty” includes a fine or forfeiture. (g) “Writ” includes a warrant, process, or summons.

Md. Code, Courts and Judicial Proceedings § 2-102

(a) If advisable in a specific proceeding, a court may appoint an auditor, surveyor, court reporter, assistant counsel for the State, counsel for a party if authorized by law or rule, accountant, magistrate, examiner, or other officer, and may require his presence in court. (b) A special officer shall receive the compensation provided by this subsection: (1) Auditor -- Reasonable compensation as set by the court, but not less than $15 for stating an account. (2) Assistant counsel for the State or counsel for a party -- The amount set by the court but in Baltimore City no appearance fees in a criminal case unless taxed against and paid by the accused as costs. (3) Surveyor or assistant surveyor -- The fee charged by members of the Maryland Society of Surveyors in the county for similar services. (4) Other officer -- Reasonable compensation as set by the court. (c) A special officer’s fee may be taxed as costs or paid by the county.

Md. Code, Courts and Judicial Proceedings § 2-104

(a) Every auditor, clerk, sheriff, constable, commissioner, surveyor, or other officer before he assumes the duties of his office, shall take and sign the oath or affirmation prescribed by the Constitution. (b) Except as provided in subsection (d) of this section, every deputy clerk or sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do swear (or affirm) that I will not for lucre or malice delay any person applying to me for any business belonging to the office I officiate in, and that I will not directly or indirectly ask, take, exact, demand, or receive from or charge to any such person to my own use any fee or reward whatsoever for any services I may do as deputy of the said office, and that in making out the office fees I will not wittingly or willingly charge other or higher fees than are allowed by law.” (c) (1) In addition to the oath or affirmation required under subsection (b) of this section, in St. Mary’s County, every deputy sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve honestly and faithfully to uphold and defend the Constitution of the United States and the Constitution of Maryland; that I will enforce the laws of St. Mary’s County, and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior officers according to the rules and regulations of the Sheriff’s Office, St. Mary’s County and the State of Maryland.” (2) In addition to the oath or affirmation required under subsection (b) of this section, in Charles County, every deputy sheriff shall take and subscribe the following oath or affirmation: “I, A.B., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve honestly and faithfully to uphold and defend the Constitution of the United States and the Constitution of Maryland; that I will enforce the laws of Charles County, and the State of Maryland; and that I will obey the orders of the Sheriff and of my superior officers according to the rules and regulations of the Sheriff’s Office, Charles County and the State of Maryland.” (d) In Carroll County, Montgomery County, and Washington County, every deputy clerk or deputy sheriff shall take and sign the oath or affirmation prescribed by Article I, § 9 of the Maryland Constitution. (e) (1) Except as authorized by Article I, § 10 of the Maryland Constitution, every officer, except the clerk of the circuit court of a county or an appellate court, shall take the oath before the clerk of the circuit court. (2) Except as provided in Article I, § 10 of the Maryland Constitution, the clerk of a circuit court shall take the oath before a judge of the court. (3) The clerk of an appellate court shall take the oath before the Governor.

Md. Code, Courts and Judicial Proceedings § 2-105

(a) Each of the following officers, before he assumes the duties of his office, shall be covered by a bond for the faithful performance of the duties of his office: (1) Clerk of any court; (2) Commissioner; or (3) Sheriff. (b) Each bond, except a sheriff’s bond, shall be in a penalty prescribed by the Comptroller. The Comptroller may increase or decrease the amount of a bond at any time. (c) The sheriff of a county shall give a bond in the penalty of $10,000, except that in Allegany, Charles, Frederick, Prince George’s, and Washington counties and Baltimore City the penalty is $25,000. (d) Every officer’s bond except a blanket bond shall have a surety who is approved by a judge of the court. A blanket bond shall have a corporate surety approved by the Comptroller. (e) The premiums for the bonds of District Court officers shall be paid by the State. The premiums on the bonds of any other officer shall be allowed as expenses of the office. (f) An officer’s bond shall remain in effect during his tenure in office.

Md. Code, Courts and Judicial Proceedings § 2-106

A person who is required to take an oath under § 2–104 of this subtitle or to file a bond under § 2–105 of this subtitle but who fails to qualify for office by taking and subscribing the required oath or affirmation or giving the required bond within 30 days from the date his commission is received by the clerk, or if no commission is sent to the clerk, within 30 days after receiving his commission or notice of appointment, is deemed to have refused the office, and the office shall be considered vacant, unless the time is extended by the court for good cause shown.

Md. Code, Courts and Judicial Proceedings § 2-107

(a) In a circuit court, an arrest warrant shall be issued on a form that: (1) Is 8 1/2 by 11 inches in size; (2) Contains the following information, if known, about the person for whom the warrant is issued: (i) Full name; (ii) Last address; (iii) Race; (iv) Sex; (v) Height; (vi) Weight; (vii) Hair color; (viii) Eye color; (ix) Driver’s license number; (x) Social Security number; (xi) Distinguishing body marks or scars; and (xii) Any other pertinent identifying information; and (3) Contains specific instructions to indicate the judge or court commissioner before whom the person is directed to appear once arrested. (b) An arrest warrant issued under this section shall be clearly captioned: (1) “Arrest warrant/State capias”; (2) “Arrest warrant/contempt”; (3) “Arrest warrant/contempt of court”; or (4) “Arrest warrant/body attachment”. (c) After a judge issues an arrest warrant, the judge shall: (1) Maintain a copy for the judge’s file; and (2) Provide a copy for: (i) The clerk of the circuit court; (ii) The sheriff or other law enforcement officer who will be serving the warrant; and (iii) The person for whom the warrant is issued. (d) Failure to use the form described in this section does not have any effect on an otherwise lawful arrest.

Md. Code, Courts and Judicial Proceedings § 2-201

(a) The clerk of a court shall: (1) Have custody of the books, records, and papers of his office; (2) Make proper legible entries of all proceedings of the court and keep them in well-bound books or other permanent form; (3) When requested in writing to do so, record any paper filed with his office and required by law to be recorded in the appropriate place, whether or not the title to land is involved; (4) Unless prohibited by law or order of court, provide copies of records or papers in his custody to a person requesting a copy, under the seal of the court if required; (5) Issue all writs which may legally be issued from the court; (6) Deliver a full statement of the costs of a suit to a party requesting a copy; (7) Receive all books, documents, public letters, and packages sent to him pursuant to law, and carefully dispose of them as the law requires; (8) Administer an oath; (9) Replace worn books and records with new ones; (10) In conjunction with the Motor Vehicle Administrator, establish uniform procedures for reporting both traffic cases and criminal cases involving a motor vehicle in the circuit court to the Motor Vehicle Administration; and (11) Perform any other duty required by law or rule. (b) Unless otherwise provided by law, a clerk is not required to record any paper filed with him or to provide any person with a copy of a paper until the applicable charge has been paid.

Md. Code, Courts and Judicial Proceedings § 2-202

(a) Subject to the approval of the Chief Justice of the Supreme Court of Maryland, a clerk may use appropriate equipment and systems to aid the clerk in the performance of his or her duties and may change the system of indexing records in his or her office to a more modern and efficient system. (b) The cost of office expenses and necessary equipment used by a clerk to perform the clerk’s duties shall be as provided in the budget.

Md. Code, Courts and Judicial Proceedings § 2-204

The office of every clerk of court shall be open to the public for the transaction of business of the court from at least Monday through Friday of each week. Each clerk’s office shall be open during the hours and on the additional days prescribed by the judge exercising the functions of administrative judge. The office shall not be open on legal holidays unless otherwise prescribed by the judge.

Md. Code, Courts and Judicial Proceedings § 2-205

(a) The clerk of a circuit court or the chief clerk of the District Court, under rules and regulations promulgated by the Supreme Court of Maryland, may authorize the destruction of pleadings, papers, and files in his custody which, because of their character, serve no useful purpose in being retained. (b) Before any pleadings, papers, or files are destroyed, the proposed destruction shall be approved in writing by the judge exercising the functions of administrative judge in the county in the case of circuit court records or the Chief Judge of the District Court in the case of District Court records, and the records shall be disposed of in accordance with Title 10, Subtitle 6, Part III of the State Government Article.

Md. Code, Courts and Judicial Proceedings § 2-206

(a) In cooperation with the clerks of the courts, the Attorney General may: (1) Prepare basic instructional materials to assist the public in the procedure and preparation of forms for proceedings that involve child custody, visitation, and support; and (2) Review the instructional materials on a regular basis and revise them as necessary. (b) Notwithstanding any provision of the Maryland Rules or Title 10 of the Business Occupations and Professions Article, the clerks of the courts and designated employees of the clerks of the courts may provide the materials described in subsection (a) of this section to the public.

Md. Code, Courts and Judicial Proceedings § 2-207

(a) For purposes of this section, “person in interest” has the meaning stated in § 4–101(g) of the General Provisions Article. (b) The clerk of the circuit court of each county shall keep a book or electronic record and record and index in the book or electronic record the discharge papers of any person who: (1) At any time has served in the uniformed services of the United States; and (2) Presents the discharge papers of the person for recording. (c) A clerk may not charge a fee for recording or indexing discharge papers. (d) The record kept by the clerk, or a certified copy of the record, is admissible in evidence in any court in the State. (e) (1) A clerk shall deny inspection of the book or electronic record, and the record and index in the book or electronic record, described in this section except: (i) To a party in a civil, administrative, or criminal proceeding in a federal or state court or government agency, or the party’s attorney, who presents evidence satisfactory to the clerk that the inspection is related to admitting the record or a certified copy of the record in evidence in the proceeding; (ii) To a person in interest; (iii) In accordance with a subpoena or court order; or (iv) 1. If the request for inspection is made at least 70 years after the discharge papers were presented for recording; and 2. If the clerk has redacted the Social Security number of the person in interest from any portion of the book or electronic record. (2) A clerk may provide a certified copy of a record described in this section only: (i) To a party in a civil, administrative, or criminal proceeding in a federal or state court or government agency, or the party’s attorney, who presents evidence satisfactory to the clerk that the certified copy is for the purpose of admission in evidence in the proceeding; (ii) To a person in interest; (iii) In accordance with a subpoena or court order; or (iv) To a relative of the person who is the subject of the discharge papers, if the request for a certified copy is made at least 70 years after the discharge papers were presented for recording.

Md. Code, Courts and Judicial Proceedings § 2-208

(a) This section applies to all licenses issued by the clerk of a circuit court other than those issued under Title 17 of the Business Regulation Article. (b) Before the first of May of each year, the clerk of a circuit court shall coordinate with the Comptroller regarding the issuance of licenses by the clerk on behalf of the Comptroller.

Md. Code, Courts and Judicial Proceedings § 2-209

(a) This section applies to all licenses issued by the clerk of a circuit court other than those issued under Title 17 of the Business Regulation Article. (b) Before the clerk of a circuit court may issue a license or permit to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the clerk: (1) A certificate of compliance with the Maryland Workers’ Compensation Act; or (2) The number of a workers’ compensation insurance policy or binder.

Md. Code, Courts and Judicial Proceedings § 2-210

(a) This section applies to all licenses issued by the clerk of a circuit court other than those issued under Title 17 of the Business Regulation Article. (b) The clerk of a circuit court shall coordinate with the Comptroller regarding: (1) The number of licenses issued of each grade and kind; (2) The date each license was issued; (3) The amount of money received for each license; (4) The person to whom each license was issued; and (5) The number, grade, and description of all blank licenses remaining.

Md. Code, Courts and Judicial Proceedings § 2-211

After the Governor issues a civil commission for an appointee and delivers the commission to the clerk of a circuit court, the appointee shall contact the clerk to coordinate a time and place for the clerk to administer the appointee’s oath of office and present the commission.

Md. Code, Courts and Judicial Proceedings § 2-212

(a) The clerk of a circuit court shall regularly report to the Secretary of State the name and office of each officer who has taken, before the clerk, the oath required by the Constitution or another law. (b) (1) On request of any person, the clerk of a circuit court shall give a certificate, under the seal of the clerk’s office, of the qualification of any public officer: (i) Who has taken the oath of office before the clerk; or (ii) Whose oath of office is recorded in the clerk’s office. (2) The clerk shall charge $1 for issuing a certificate under seal of the qualifications of any public official, including justices of the peace and notaries public.

Md. Code, Courts and Judicial Proceedings § 2-213

(a) Except as otherwise provided in this section, the clerk of a circuit court is entitled to 5% of all public money that the clerk receives, collects, and pays over. (b) The Clerk of the Circuit Court for Anne Arundel County is entitled to receive: (1) 3% of the amount collected for the tax applicable to instruments recorded with the Clerk under Title 12 of the Tax – Property Article; and (2) 5% of all other public money that the Clerk receives, collects, and pays over. (c) The Clerk of the Circuit Court for Baltimore City is entitled to receive: (1) 2.5% of the amount collected from the tax applicable to instruments recorded with the Clerk under Title 12 of the Tax – Property Article; and (2) 5% of all other public money that the Clerk receives, collects, and pays over. (d) The Clerk of the Circuit Court for Baltimore County is entitled to receive: (1) 3% of the amount collected from the tax applicable to instruments recorded with the Clerk under Title 12 of the Tax – Property Article; and (2) 5% of all other public money that the Clerk receives, collects, and pays over. (e) (1) Notwithstanding subsection (a) of this section, the Clerk of the Circuit Court for Charles County shall: (i) Deduct from collection fees for the tax collected under Title 12 of the Tax – Property Article the cost of two–thirds of the salaries and benefits of the court reporters for the Circuit Court of Charles County; and (ii) Pay the amount deducted to the Charles County Treasurer. (2) The Clerk shall make the payment promptly after receipt of a voucher from the Charles County Treasurer stating the amount of the salaries and benefits paid to the court reporters. (f) The Clerk of the Circuit Court for Harford County is entitled to: (1) 3% of the amount collected from the tax applicable to instruments recorded with the Clerk under Title 12 of the Tax – Property Article; and (2) 5% of all other public money that the Clerk receives, collects, and pays over. (g) The Clerk of the Circuit Court for Montgomery County is entitled to 3% of all public money that the Clerk receives, collects, and pays over. (h) Notwithstanding subsection (a) of this section, the Clerk of the Circuit Court for St. Mary’s County is not entitled to a collection fee for collecting the county transfer tax under Chapter 138 of the Public Local Laws of St. Mary’s County when the Clerk collects both the recordation tax under Title 12 of the Tax – Property Article and the county transfer tax for the filing of a single instrument. (i) Notwithstanding subsection (a) of this section, the Clerk of the Circuit Court for Washington County is not entitled to a collection fee for collecting the county transfer tax under § 2–702 of the Public Local Laws of Washington County when the Clerk collects both the recordation tax under Title 12 of the Tax – Property Article and the county transfer tax for the filing of a single instrument.

Md. Code, Courts and Judicial Proceedings § 2-215

The clerk of the court shall prominently post the National Human Trafficking Resource Center Hotline information sign described in § 15–207 of the Business Regulation Article in public information areas of each courthouse.

Md. Code, Courts and Judicial Proceedings § 2-301

(a) Except as provided in § 2-302 of this subtitle, the sheriff shall serve all papers directed to him according to their instructions, within the time set by the court. (b) (1) A sheriff may serve papers in a county other than the county of which he is sheriff; or (2) The clerk may send a paper to the sheriff of another county for service by him. After serving the paper the sheriff shall file a return with the court from which it was issued.

Md. Code, Courts and Judicial Proceedings § 2-303

When a sheriff serves or attempts to serve a paper he shall file a return with the clerk of the court that issued the paper stating whether or not the paper was served, and other information required by rule or law.

Md. Code, Courts and Judicial Proceedings § 2-304

(a) If a sheriff fails to file a return within the time set by the court or by rule, the court, on motion, shall order him to do so. (b) If a sheriff fails to file a return on an original writ within the time set by the court, the court shall amerce the sheriff for the benefit of the plaintiff in the amount of the debt or damages and costs due from the defendant, ascertained from the oath of the plaintiff and other proof required by the court. (c) If a sheriff fails to file a return on a writ mailed to him for service in his county, the court that issued the writ may cite him for contempt, and may fine the sheriff not more than $50. (d) If a sheriff fails to file a return on a writ of execution or attachment within the time set by the court, the court may amerce the sheriff, for the benefit of the plaintiff, in the amount of the judgment stated in the writ.

Md. Code, Courts and Judicial Proceedings § 2-305

(a) Any officer who neglects or refuses to bring a detained person into court when a writ of habeas corpus commands it shall forfeit $500 to the person detained. (b) On motion of the State’s Attorney the court may order judgment to be entered against the sheriff in the amount of the amercement, or in the amount of the penalty or judgment and costs entered against the person who failed to appear.

Md. Code, Courts and Judicial Proceedings § 2-306

If a sheriff pays the plaintiff an amount ordered by the court as an amercement, he is entitled to the full benefit of the cause of action or judgment and may proceed against the defendant in any manner the plaintiff might have proceeded.

Md. Code, Courts and Judicial Proceedings § 2-307

A sheriff shall keep an official record of the fees and charges he collects and those which remain to be collected. The official record shall remain in the sheriff’s office after the expiration of a sheriff’s term and may be audited by the county government.

Md. Code, Courts and Judicial Proceedings § 2-308

(a) A sheriff shall collect the fees of a clerk, register, attorney, or other officer when requested to do so. (b) A sheriff is answerable for all penalties imposed on an inhabitant of his county by a court of the State unless he shows that the person liable for the penalty is insolvent. (c) A sheriff may request a writ of execution for an uncollected fee or penalty, however, no levy may be made under the writ until 60 days after the date it was issued. Before the 60 days elapse, the person against whom the writ was issued may post a recognizance to stay the execution. If a recognizance is forfeited, the sheriff shall deduct the costs incurred by a county and pay them to the clerk of the court for payment to the county. (d) (1) After deducting costs, all fees or penalties collected by a sheriff shall be paid to the county where the offense occurred, or to the person or entity entitled to receive them. (2) Costs shall be paid to the person entitled to receive them.

Md. Code, Courts and Judicial Proceedings § 2-309

(a) The sheriff of Baltimore City and each county may appoint, from time to time, from among his deputies a second in command. On the death, disqualification, or resignation of the sheriff or in the event the sheriff is convicted of a felony, the second in command shall succeed to all the powers, duties, responsibilities, and obligations of the sheriff until a successor has been appointed by the Governor. (b) Immediately upon assuming the powers of the sheriff, the second in command shall file a bond with the State Comptroller, in the same penalty and on the same conditions as that required of the sheriff.

Md. Code, Courts and Judicial Proceedings § 2-310

(a) The sheriff of a county may establish and administer reasonable guidelines in accordance with this section for disposing of abandoned, lawfully confiscated, or recovered property that is in the possession of the sheriff’s office. (b) The guidelines shall provide that: (1) (i) After lawfully confiscated property has been in the possession of the sheriff for a period of one year, notice of the sale of the property shall be given by registered or certified mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence; and (ii) After abandoned or recovered property has been in the possession of the sheriff for a period of 90 days, notice of the sale of the property shall be given by registered or certified mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence; (2) The property may be sold at public auction after a description of the property and the time, place, and terms of the sale have been published in a newspaper of general circulation in the county in each of 2 successive weeks; (3) The amount received from the sale of property in accordance with this section shall be distributed in the following order of priority: (i) To the sheriff, in an amount equal to the expense of the sale and all expenses incurred while the property was in the sheriff’s custody; (ii) To lienholders in order of their priority; and (iii) Subject to the provisions of item (4) of this subsection, to the general fund of the county; and (4) At any time within 3 years from the date of the sale of the property, any person submitting satisfactory proof of the person’s right to the possession of the property shall be paid, without interest, the amount distributed to the general fund pursuant to item (3) of this subsection, and after the expiration of 3 years from the date of the sale, any claims shall be absolutely barred.

Md. Code, Courts and Judicial Proceedings § 2-313

(a) The sheriff and deputy sheriffs of a county shall: (1) Receive the annual salaries provided by this part for performing the duties required of them by the Constitution and the laws of this State; and (2) Be reimbursed for expenses as provided by law. (b) (1) A deputy sheriff shall perform the duties incidental to the office as are assigned by the sheriff. (2) All deputy sheriffs’ salaries shall be paid at least once each month. (c) The government of each county shall: (1) Furnish an office for the sheriff; (2) Pay the necessary expenses for telephones, stationery, and other purposes; and (3) Unless otherwise provided by law, provide for: (i) The necessary traveling expenses of the sheriff for conveying prisoners to any penal institution in the State; and (ii) Other necessary traveling expenses.

Md. Code, Courts and Judicial Proceedings § 2-314

(a) This section applies only in Allegany County. (b) The Sheriff of Allegany County shall receive the salary set by the County Commissioners of Allegany County in accordance with Title 28, Subtitle 1 of the Local Government Article. (c) (1) The Sheriff shall appoint not less than five deputies at salaries determined by the Sheriff’s budget who are under the county classified service. (2) At least one of the deputies shall be assigned by the Sheriff to: (i) Execute process, orders, and directions for the juvenile court; and (ii) Perform the other duties the Sheriff assigns. (d) (1) If authorized by the County Commissioners, the Sheriff may employ a clerk–bookkeeper under the county classified service at a salary agreed on by the Sheriff and the County Commissioners. (2) The clerk–bookkeeper shall perform the duties assigned by the Sheriff, including the preparation of reports submitted by the Sheriff’s Office to the grand jury or the County Commissioners. (e) If the Sheriff approves after considering personnel needs, the County Commissioners may authorize a deputy sheriff to perform off–duty services for any person who agrees to pay a fee, including: (1) Hourly rates for off–duty service; (2) Any necessary insurance to be determined by the County Commissioners; (3) Any fringe benefits; and (4) The reasonable rental cost of uniforms or other equipment used by any off–duty personnel. (f) (1) The Sheriff, with the approval of the County Commissioners, may appoint a chief deputy sheriff who shall perform all legal functions of the Sheriff during any temporary absence, sickness, vacation, or vacancy of office of the Sheriff. (2) The Sheriff may appoint as chief deputy a person who has not served as a deputy sheriff. (3) The chief deputy sheriff: (i) Shall serve at the Sheriff’s pleasure; and (ii) Is not under the county classified service. (g) (1) This subsection does not apply to officers in the Sheriff’s Office at a rank of lieutenant or above. (2) Deputies, officers, and civilian employees of the Sheriff’s Office, including the county jail, have the right to organize and bargain collectively with the Sheriff concerning wages and benefits, hours, working conditions, discipline procedures, and job security issues through a labor organization selected by the majority of the deputies, officers, and civilian employees. (3) The Sheriff shall meet with the labor organization and engage in good faith negotiations to reach a written agreement on wages and benefits, hours, working conditions, discipline procedures, and job security issues. (4) If the labor organization and the Sheriff are unable to reach an agreement during the collective bargaining process, either the labor organization or the Sheriff may seek nonbinding mediation through the Federal Mediation and Conciliation Service by giving at least 15 days’ notice to the other party and to the Federal Mediation and Conciliation Service. (5) (i) If the Sheriff and the labor organization are unable to agree to the interpretation or application of a written agreement entered under this subsection, the Sheriff or the labor organization may demand arbitration before a neutral labor arbitrator in accordance with this paragraph. (ii) An arbitration initiated under this paragraph shall be conducted before a single arbitrator. (iii) 1. The arbitrator shall be selected to hear the dispute from a panel of seven arbitrators who are members of the National Academy of Arbitrators. 2. The panel shall be requested from the Federal Mediation and Conciliation Service. (iv) The parties shall select an arbitrator by alternative strikes from the panel. (v) The arbitrator selected may schedule a hearing, issue subpoenas to compel the testimony of witnesses and the production of documents, administer oaths, and declare the record closed. (vi) The written decision of the arbitrator shall be: 1. Final and binding on the Sheriff, employee, and the labor organization to the extent the decision addresses wages and benefits; and 2. Nonbinding to the extent the decision addresses hours, working conditions, discipline procedures, and job security issues. (vii) The Sheriff and labor organization shall share equally in the costs of the arbitration proceeding. (6) This subsection may not be construed to authorize an employee of the Sheriff’s Office or of the county jail to engage in a strike.

Md. Code, Courts and Judicial Proceedings § 2-315

(a) This section applies only in Anne Arundel County. (b) The Sheriff of Anne Arundel County shall receive an annual salary of: (1) (i) $128,657 for calendar year 2014; and (ii) $133,000 for calendar year 2015 through calendar year 2024. (2) Beginning in calendar year 2025, the Sheriff of Anne Arundel County shall receive an annual salary equal to the salary of a captain in the Anne Arundel County Police Department at step 20 in the pay scale. (c) (1) The Sheriff shall appoint deputies at a salary as provided by the County Council of Anne Arundel County. (2) The Sheriff may appoint a chief deputy who shall serve at the pleasure of the Sheriff. (d) Employees in the Sheriff’s Office shall be in the county merit system. (e) In case of emergency, the Sheriff may temporarily deputize any able–bodied citizen to assist the Sheriff in carrying out the duties of the Sheriff’s Office. (f) The Sheriff and the deputies whose duties require the use of automobiles shall be furnished at no expense with suitable automobiles and any necessary maintenance, repairs, or upkeep by the County Council. (g) (1) The Sheriff may appoint part–time deputies as provided in the county budget. (2) A part–time deputy appointed under this subsection may not work more than 24 hours per week. (3) The Sheriff may set the rate of pay for a part–time deputy. (4) A part–time deputy appointed under this subsection is not eligible for any benefits that are provided to county employees, including pension benefits, unless approved by the County Council.

Md. Code, Courts and Judicial Proceedings § 2-316

(a) This section applies only in Baltimore City. (b) (1) In this section, the following words have the meanings indicated. (2) “City” means the Mayor and City Council of Baltimore City. (3) “Commissioner” means the Labor Commissioner of Baltimore City. (c) The Sheriff of Baltimore City shall receive: (1) An expense allowance of $750 two times per year; and (2) An annual salary of: (i) $79,300 in calendar year 2007; (ii) $84,600 in calendar year 2008; (iii) $89,900 in calendar year 2009; (iv) $95,200 in calendar year 2010; and (v) In calendar year 2011 and thereafter, no less than the salary of a Command Staff 2 in the Baltimore City Police Department at the midpoint in the pay scale. (d) (1) The Sheriff shall appoint: (i) An undersheriff or chief deputy sheriff; (ii) Three assistant sheriffs; (iii) Three deputy sheriff majors; (iv) Three deputy sheriff captains; (v) Six deputy sheriff lieutenants; (vi) One secretary sheriff; and (vii) One fiscal clerk sheriff. (2) The Sheriff may appoint: (i) Up to a maximum of: 1. 9 deputy sheriff sergeants; 2. 103 deputy sheriffs; 3. 2 domestic violence clerks; 4. 2 domestic violence advocates; and 5. 2 social workers; and (ii) Subject to subsection (i) of this section, any additional sworn or civilian personnel if the funding for the personnel is provided in the ordinance of estimates or any other source. (e) (1) Except as provided in paragraph (2) of this subsection and subsection (i) of this section, salaries for employees listed in subsection (d) of this section shall be set by the Secretary of Budget and Management. (2) (i) Salaries for deputy sheriffs shall be set at a rate not less than the salary equivalent to grade 14 of the State pay scale. (ii) Salaries for deputy sheriff sergeants shall be set at a rate not less than the salary equivalent to grade 16 of the State pay scale. (iii) Salaries for deputy sheriff lieutenants shall be set at a rate not less than the salary equivalent to grade 18 of the State pay scale. (f) (1) In addition to any other compensation received, unless modified by a collective bargaining agreement, each deputy sheriff shall receive an expense allowance of $400 annually for: (i) Ammunition for practice sessions at the range; (ii) Clothing allowance to defray the cost of dry cleaning and maintaining the clothing worn while on duty; and (iii) The purchase and maintenance of other items necessary to fulfill duties that currently are not furnished by the Baltimore City Sheriff’s Department. (2) (i) A deputy sheriff who uses a personal automobile is entitled to a monthly automobile allowance at the same rate paid to other State employees. (ii) Any Sheriff who is assigned a city–owned automobile may not receive the monthly automobile expense allowance. (3) (i) The Sheriff’s Office shall also have assistants at the compensation provided for in the annual ordinance of estimates of Baltimore City. (ii) Provisions shall also be made in the ordinance for the expenses of the Sheriff’s Office, including the purchase and maintenance of motor vehicles. (4) The Mayor and City Council of Baltimore have the same power with respect to the salaries of the Sheriff’s Office as they have under the city charter with respect to the salaries of all municipal departments. (5) Employees of the Sheriff’s Office, except the Sheriff, shall be selected according to the provisions of the State Personnel and Pensions Article. (g) (1) The Mayor and City Council shall pay monthly to the Sheriff one twelfth of the amount provided in the ordinance of estimates for the expenses of the Sheriff’s Office. (2) Within 30 days after June 30th in each and every year the Sheriff shall pay to the Mayor and City Council any of the unexpended expense funds advanced during the preceding year and render a detailed account to the Mayor and City Council of all expense funds received and expended by the Sheriff. (3) The Mayor and City Council shall reimburse the State for the administrative costs incurred because the employees of the Sheriff’s Office are in the State Personnel Management System. (h) During the course of a deputy sheriff’s employment, any deputy sheriff of the city may ride in the city on public transportation of the Maryland Transit Administration without paying any fare if the deputy sheriff shows proper identification regarding employment as a deputy sheriff. (i) (1) This subsection applies only to all full–time sworn law enforcement officers who are deputy sheriffs at the rank of lieutenant or below and court security officers. (2) This subsection does not apply to the following employees in the Sheriff’s Office: (i) Sworn law enforcement officers in the Sheriff’s Office at a rank of captain or above; (ii) Employees in appointed positions; (iii) Civilian merit system employees; (iv) Full–time reduced hours employees; (v) Part–time employees; (vi) Contractual employees; (vii) Temporary employees; (viii) Emergency employees; or (ix) Employees whose employment is administered under the Baltimore City policies and procedures manual. (3) (i) A deputy sheriff or a court security officer has the right to: 1. Take part in or refrain from taking part in forming, joining, supporting, or participating in any employee organization or its lawful activities; 2. Be represented by an exclusive representative, if any, in collective bargaining; and 3. Engage in other concerted activities for the purpose of collective bargaining. (ii) Full–time sworn law enforcement officers and court security officers may seek recognition by the Sheriff or the Sheriff’s designee in order to organize and bargain collectively in good faith concerning the following matters: 1. Compensation, excluding salary, wages, and those benefits determined, offered, administered, controlled, or managed by the City; 2. Leave, holidays, and vacations; and 3. Hours, working conditions, and job security. (iii) Sworn law enforcement officers and court security officers may seek recognition in order to organize and bargain collectively in good faith with the City concerning merit step increases and those benefits determined, offered, administered, controlled, or managed by the City. (iv) 1. A sworn law enforcement officer or a court security officer who is a member of a bargaining unit with an exclusive representative may discuss any matter with the employer without the intervention of the exclusive representative. 2. If a discussion under subsubparagraph 1 of this subparagraph leads to a resolution or an adjustment of a dispute, the resolution or adjustment may not be inconsistent with the terms of a collective bargaining agreement then in effect. (4) The Sheriff and the Sheriff’s Office, through their appropriate officers and employees, may: (i) Determine: 1. The mission; 2. The budget; 3. The organization; 4. The numbers, types, and grades of employees assigned; 5. The work projects, tours of duty, and methods, means, and personnel by which its operations are conducted; 6. The technology needs; 7. The internal security practices; and 8. The relocation of its facilities; (ii) Maintain and improve the efficiency and effectiveness of governmental operations; (iii) Determine the services to be rendered, operations to be performed, and technology to be used; (iv) Determine the overall methods, processes, means, and classes of work or personnel by which governmental operations are to be conducted; (v) Hire, direct, supervise, and assign employees; (vi) Promote, demote, discipline, discharge, retain, and lay off employees; (vii) Terminate employment because of lack of funds, lack of work, a determination by the employer that continued work would be inefficient or nonproductive, or for other legitimate reasons; (viii) Set the qualifications of employees for appointment and promotions; (ix) Set standards of conduct; (x) Adopt office rules, regulations, and procedures; (xi) Provide a system of merit employment according to a standard of business efficiency; and (xii) Take actions, not otherwise specified in this subsection, to carry out the mission of the Sheriff’s Office. (5) (i) Except as provided in subparagraph (ii) of this paragraph, an exclusive representative may not be recognized by the Sheriff unless that representative is selected and certified by the Commissioner. (ii) Any petition to be recognized that is submitted on behalf of the sworn law enforcement officers shall be accompanied by a showing of interest supported by at least 31% of the sworn law enforcement officers indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining. (iii) 1. Except as provided in subsubparagraph 2 of this subparagraph, an exclusive representative shall be deemed decertified if a petition is submitted to the Commissioner and the Sheriff that is signed by 31% of the sworn law enforcement officers indicating their desire to decertify the exclusive representative. 2. If the exclusive representative wishes to challenge the validity of a petition submitted under subsubparagraph 1 of this subparagraph, within 20 days after submission of the petition, the exclusive representative may request a secret ballot election. 3. The secret ballot election shall be conducted by an impartial umpire selected jointly by the participating parties from a list of umpires provided by the American Arbitration Association. 4. The costs associated with the appointment of the impartial umpire shall be shared equally by the exclusive representative and Baltimore City. 5. If at least 51% of the employees in the bargaining unit vote in favor of decertification during the secret ballot election, the exclusive representative shall be decertified. (6) (i) 1. The Sheriff may designate at least one but not more than four individuals to represent the Sheriff in collective bargaining. 2. If the Commissioner is a party to collective bargaining, the City may designate at least one but not more than four individuals to represent the City in collective bargaining. 3. The exclusive representative shall designate at least one but not more than four individuals to represent the exclusive representative in collective bargaining. (ii) The parties shall meet at reasonable times and engage in collective bargaining in good faith. (iii) Negotiations or matters relating to negotiations shall be considered closed sessions under § 3–305 of the General Provisions Article. (iv) The parties shall make every reasonable effort to conclude negotiations in a timely manner for inclusion by the Sheriff and the Sheriff’s Office in the budget request. (v) On certification by the Commissioner of the exclusive representative, the parties shall meet to negotiate an agreement within 90 days after the certification and memorialize the agreement in writing. (vi) Negotiations for an agreement shall begin on or before September 1 of the year before the expiration of any existing agreement. (7) To the extent that any matters negotiated between the Sheriff, the City, and the collective bargaining unit require legislative approval or the appropriation of funds, the matters shall be recommended to the General Assembly for the approval of legislation or to the City for the appropriation of funds. (8) An agreement is not valid if it extends for less than 1 year or for more than 4 years. (9) (i) An agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) An agreement may contain a grievance procedure for binding arbitration of the interpretation of contract terms and clauses. (iii) 1. An agreement reached in accordance with this subsection shall be in writing and signed by the designated representatives of the Sheriff and the exclusive representative involved in the collective bargaining negotiations. 2. If the Commissioner is a party to the agreement, the agreement shall be signed by the Commissioner or the Commissioner’s designee in addition to the signatories required under subsubparagraph 1 of this subparagraph. (iv) An agreement is not effective until it is ratified by: 1. The Sheriff; 2. If the Board of Estimates of the City of Baltimore is a party to the collective bargaining, the Board or the Board’s designee; and 3. A majority of the votes cast by the employees in the bargaining unit. (v) A modification to an existing agreement is not valid unless it is in writing and ratified by: 1. The Sheriff; 2. If the City is a party to the collective bargaining, the City or the City’s designee; and 3. A majority of the votes cast by the employees in the bargaining unit. (10) If there is a conflict between an existing collective bargaining agreement and a rule or regulation adopted by the Sheriff, the Secretary of Budget and Management, or the City, including merit system or other personnel regulations, the terms of the agreement shall prevail unless otherwise prohibited by law. (11) (i) If the exclusive representative, the Sheriff, and, if a party to collective bargaining, the City are unable to reach an agreement on or before January 15, any party may seek mediation through the Federal Mediation and Conciliation Service. (ii) A party seeking mediation under subparagraph (i) of this paragraph shall provide written notice to the other parties and the Federal Mediation and Conciliation Service at least 15 days before the anticipated first mediation meeting. (iii) The parties shall share the costs of the services of the mediator as follows: 1. The exclusive representative shall pay 50% of the costs; 2. If the City and the Sheriff are both parties to the negotiations giving rise to the mediation, the City and the Sheriff shall each pay 25% of the costs; and 3. If the City is not a party to the negotiations giving rise to the mediation, the Sheriff shall pay 50% of the costs. (iv) Costs incurred by a party to prepare, appear, or secure representation, expert witnesses, or evidence of any kind shall be borne exclusively by that party. (v) The parties shall engage in mediation for at least 30 days unless the parties mutually agree in writing to the termination or extension of the mediation or reach an agreement. (vi) The contents of a mediation proceeding under this paragraph may not be disclosed by the parties or the mediator. (12) (i) If the exclusive representative, the Sheriff, and, if a party to collective bargaining, the City have not reached an agreement on or before March 1, or any later date determined by mutual agreement of the parties: 1. Any party may declare a bargaining impasse; 2. The party declaring a bargaining impasse under item 1 of this subparagraph shall request a list of arbitrators to be provided to the parties by the Federal Mediation and Conciliation Service or under the Labor Arbitration Rules of the American Arbitration Association; and 3. Within 3 days after the parties’ receipt of the list provided under item 2 of this subparagraph, the parties shall select an arbitrator by alternate striking of names from the list. (ii) On or before March 15, or any later date determined by mutual agreement of the parties, the parties shall submit to the arbitrator: 1. A joint memorandum listing all items to which the parties previously agreed; and 2. A separate proposed memorandum of each party’s final offer presented in negotiations on all items to which the parties previously did not agree. (iii) 1. On or before March 30, or any later date determined by mutual agreement of the parties, the arbitrator shall hold a closed hearing on the parties’ proposals at a time, date, and place within Baltimore City selected by the arbitrator. 2. At a hearing, each party may submit evidence and make oral and written arguments in support of the party’s last final offer. (iv) The arbitrator may: 1. Give notice and hold hearings in accordance with the Maryland Administrative Procedure Act; 2. Administer oaths and take testimony and other evidence; and 3. Issue subpoenas. (v) Once the parties have submitted their positions into the record, each party shall have an opportunity to revise its final position before the record is closed and the matter is submitted to the arbitrator for a determination. (vi) On or before April 15, or any later date determined by mutual agreement of the parties, the arbitrator shall issue a report: 1. Selecting the final offer submitted by the parties that the arbitrator determines to be more reasonable when viewed as a whole; and 2. Stating the reasons that the arbitrator found the final offer to be more reasonable. (vii) In determining which final offer is more reasonable under subparagraph (vi) of this paragraph, the arbitrator may consider only: 1. Past collective bargaining agreements between the parties, including the bargaining history that led to the collective bargaining agreement and the precollective bargaining history of employee wages, hours, benefits, and other working conditions; 2. In an arbitration to which the exclusive representative of sworn law enforcement officers or court security officers is a party, a comparison of wages, hours, benefits, and other conditions of employment of law enforcement officers or court security officers employed in other jurisdictions in the State; 3. In an arbitration to which the exclusive representative of sworn law enforcement officers or court security officers is a party, a comparison of wages, hours, benefits, and other conditions of employment of law enforcement officers or court security officers from the primary police or sheriff’s departments in all counties in the State; 4. A comparison of wages, hours, benefits, and other conditions of employment of employees working for the county; 5. The costs of the respective proposals of the parties; 6. The condition of the Baltimore City budget, the ability of the Sheriff and the City to finance any economic adjustments required under the proposed collective bargaining agreement, and the potential impact of the parties’ final offers on the bond rating of Baltimore City; 7. The annual increase or decrease in the cost of living in the statistical areas described in item 8 of this subparagraph as compared to the national average and to other comparable metropolitan areas; 8. The annual increase or decrease in the cost of living in Baltimore City; 9. Recruitment and retention data; 10. The special nature of the work performed by the employees in the bargaining unit, including hazards of employment, physical requirements, educational qualifications, job training and skills, shift assignments, and the demands placed on those employees as compared to other employees of the Sheriff’s Office; 11. The interest and welfare of the public and the employees in the bargaining unit; and 12. Stipulations of the parties regarding any of the items under this subparagraph. (viii) The arbitrator may not: 1. Receive or consider the history of collective bargaining related to the immediate dispute, including any offers of settlement not contained in the final offer submitted to the arbitrator, unless the parties mutually agree otherwise; 2. Combine final offers or alter the final offer that the arbitrator selects, unless the parties mutually agree otherwise; or 3. Select an offer in which the conditions of employment or the compensation, salaries, fees, or wages to be paid are unreasonable. (ix) 1. The arbitrator shall submit the report issued under subparagraph (vi) of this paragraph to the Commissioner, the Sheriff, and the exclusive representative. 2. The recommendations of the arbitrator are not binding on the City, the Sheriff, or the exclusive representative. 3. Except as provided in subsubparagraph 4 of this subparagraph, the Sheriff and, if a party to collective bargaining, the City may adopt or reject a recommendation of the arbitrator. 4. Subject to subsubparagraph 5 of this subparagraph, if a recommendation of the arbitrator requires an appropriation of funds, only the City may adopt or reject the recommendation. 5. The City may not accept a recommendation of the arbitrator that requires an appropriation of funds unless the City and the Sheriff first agree on the funding source for the appropriation. 6. The parties shall accept or reject the arbitrator’s recommendations within 30 days after the submission of the report to the parties under subsubparagraph 1 of this subparagraph. (x) The parties shall share the costs of the services of the arbitrator as follows: 1. The exclusive representative shall pay 50% of the costs; 2. If the City and the Sheriff are both parties to the negotiations giving rise to the arbitration, the Secretary and the Sheriff shall each pay 25% of the costs; and 3. If the City is not a party to the negotiations giving rise to the arbitration, the Sheriff shall pay 50% of the costs. (xi) Costs incurred by a party to prepare, appear, or secure representation, expert witnesses, or evidence of any kind shall be borne exclusively by that party. (xii) This paragraph may not be construed to prohibit the parties from reaching a voluntary settlement on any unresolved issues at any time before or after the issuance of the recommendations by the arbitrator. (13) If a collective bargaining agreement expires after the exclusive representative has given notice of its desire to enter into collective bargaining for a successor collective bargaining agreement, the terms and conditions of the prior collective bargaining agreement shall remain in effect until the earlier of: (i) The parties reaching a new agreement; or (ii) 180 days after the date on which the party or parties reject the arbitrator’s recommendations. (14) If the parties fail to reach a new agreement within the 180–day time period under paragraph (13)(ii) of this subsection, the terms and conditions of the prior collective bargaining agreement shall cease to be effective. (15) This subsection does not authorize a sworn law enforcement officer or a court security officer to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article. (16) This subsection may not be construed as subjecting disciplinary matters or the disciplinary process to negotiation as part of the collective bargaining process.

Md. Code, Courts and Judicial Proceedings § 2-316.1

§2–316.1. (a) (1) In this section the following words have the meanings indicated. (2) “Board” means the Board of License Commissioners of Baltimore City. (3) “Unit” means the Neighborhood Services Unit within the Office of the Sheriff of Baltimore City, as established under subsection (b) of this section. (b) There is a Neighborhood Services Unit within the Office of the Sheriff of Baltimore City. (c) The Unit shall: (1) Work in partnership with the Board to enforce the alcoholic beverages laws of Baltimore City under Title 12 of the Alcoholic Beverages and Cannabis Article; and (2) Perform any other duties as directed by the Sheriff of Baltimore City. (d) The Unit shall enter into a memorandum of understanding with the Board that specifies: (1) The respective roles and responsibilities of the parties in connection with the partnership described in subsection (c)(1) of this section; and (2) In accordance with § 12–209 of the Alcoholic Beverages and Cannabis Article, the funding source for the unit.

Md. Code, Courts and Judicial Proceedings § 2-317

(a) This section applies only in Baltimore County. (b) The Sheriff of Baltimore County shall receive an annual salary: (1) Of $90,000 for calendar years 2024 and 2025; (2) Of $138,000 for calendar year 2026; (3) Of $143,000 for calendar year 2027; (4) Of $150,000 for calendar year 2028; (5) Of $157,500 for calendar year 2029; and (6) Subject to § 35 of Article III of the Maryland Constitution, as the County Council of Baltimore County provides in its annual budget each subsequent calendar year. (c) (1) The Sheriff shall appoint an under–sheriff and any number of deputies and any clerical assistant required by the duties of the office. (2) The Sheriff may also appoint a number of deputies to the ranks of chief deputy, captain, lieutenant, and sergeant as the Sheriff’s duties and responsibilities require. (3) The cost and expense of the supervisory, administrative, and clerical positions listed in paragraphs (1) and (2) of this subsection, including salaries, shall be as provided in the budget of the county by the County Executive of Baltimore County and as approved by the County Council of Baltimore County. (4) All full–time employees under this section are subject to the provisions of the county merit system and the rules and regulations passed by the County Council pursuant to the charter, as to qualifications, compensation, and other regulations. (5) (i) Except as provided in subparagraph (ii) of this paragraph, part–time deputies may not be employed by the Sheriff’s Office. (ii) 1. The Sheriff may appoint as part–time deputies persons employed in specific plants, institutions, colleges, and hospitals situated within the county who are limited to service only within the particular facility where they are employed. 2. A part–time deputy employed under this paragraph may not be compensated by the county for the part–time deputy’s service. (d) (1) This subsection applies to all full–time deputy sheriffs in the Sheriff’s Office at the rank of lieutenant and below. (2) (i) Full–time deputy sheriffs at the rank of lieutenant and below may: 1. Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities; 2. Select a labor organization as their exclusive representation unit; 3. Engage in collective bargaining with the Baltimore County Administration, or its designee, concerning wages and benefits, not regulated by the Sheriff, through a labor organization certified as their exclusive representation unit; 4. Subject to subparagraph (ii) of this paragraph, enter into a collective bargaining agreement, through their exclusive representation unit, covering those wages and benefits not regulated by the Sheriff; and 5. Decertify a labor organization as their exclusive representation unit. (ii) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the County Council. (3) (i) A labor organization shall be deemed certified as an exclusive representation unit if the following conditions are met: 1. A petition for the labor organization to be recognized by the Baltimore County Administration is signed by at least 51% of the deputy sheriffs at the rank of lieutenant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and 2. The petition is submitted to the Baltimore County Administration. (ii) If the Baltimore County Administration does not challenge the validity of the petition within 10 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representation unit. (iii) If the Baltimore County Administration challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third–party neutral to conduct an election and to certify whether the labor organization has been selected as the exclusive representation unit by a majority of the votes cast in the election. (iv) The costs associated with the American Arbitration Association and the third–party neutral shall be shared equally by the parties. (4) (i) Following certification of an exclusive representation unit as provided in paragraph (3) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith. (ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request to the County Council. (5) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances. (iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations. (iv) 1. Subject to subsubparagraph 2 of this subparagraph, an agreement is not effective until it is ratified by a majority of the votes cast by the deputy sheriffs in the bargaining unit and the Baltimore County Administration. 2. Additional funding, if any, required as a result of the agreement shall be subject to the approval of the County Council. (6) Nothing in this subsection may be construed as authorizing or otherwise allowing a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.

Md. Code, Courts and Judicial Proceedings § 2-318

(a) This section applies only in Calvert County. (b) (1) The Sheriff of Calvert County shall receive an annual salary: (i) Of $90,480 for calendar year 2018; and (ii) Beginning in calendar year 2019, equal to the salary of a Department of State Police lieutenant colonel, class code 5905 (grade 13, step 12). (2) (i) On or after January 1, 2011, the County Commissioners of Calvert County may pay to the Sheriff additional compensation equal to the amount of contributions the County Commissioners would have made to the Calvert County Employees’ Savings Plan on behalf of the Sheriff for the years of service the Sheriff accrued as the Sheriff prior to joining the Calvert County Employees’ Savings Plan. (ii) The amount payable in subparagraph (i) of this paragraph may be made in one or more payments as deemed appropriate by the County Commissioners. (c) (1) The Sheriff may appoint deputy sheriffs and correctional deputies in the number and at the salary approved by the County Commissioners or prescribed in a collective bargaining agreement, as applicable, provided that any additional funding required due to the collective bargaining agreement is subject to approval by the County Commissioners. (2) (i) Deputy sheriffs and correctional deputies shall serve under the direction of the Sheriff. (ii) Within 1 year of appointment, a deputy sheriff or correctional deputy shall complete the course prescribed for police officers or correctional deputies by the Maryland Police and Correctional Training Commissions. (iii) 1. Except as provided in subsubparagraph 2 of this subparagraph, a deputy sheriff or correctional deputy funded by the County Commissioners will become a merit system employee of the Calvert County Sheriff’s Office on completion of the deputy sheriff’s or correctional deputy’s initial probation period and may not be dismissed without cause. 2. A deputy sheriff or correctional deputy funded through grants or other sources may be dismissed without cause when the funding source is depleted. (iv) 1. Except as provided in subsubparagraph 2 of this subparagraph, there may be no honorary deputy sheriffs of the county and no one is authorized to carry badges, certificates, or other materials for the purpose of identifying the bearer as an honorary deputy sheriff. 2. A. The Sheriff may appoint as special deputy sheriffs any members of the police force of the towns of North Beach or Chesapeake Beach who shall have all of the powers and authority of the deputy sheriffs. B. The County Commissioners are authorized to reimburse the towns of North Beach and Chesapeake Beach in whole or in part for services performed by the special deputy sheriffs outside the town limits. (d) (1) The Sheriff may appoint one full–time assistant sheriff who shall: (i) Serve under the direction of the Sheriff; and (ii) Be designated by the Sheriff as a line officer. (2) The Sheriff shall appoint an individual to serve as the assistant sheriff who: (i) Is an active duty deputy sheriff and holds the rank of a commissioned officer in the Sheriff’s Office; or (ii) Is not a current employee of the Sheriff’s Office. (3) (i) The appointment of the assistant sheriff is in the sole discretion of the Sheriff. (ii) The Sheriff may appoint the assistant sheriff without subjecting the candidate to a written examination. (iii) The assistant sheriff serves at the pleasure of the Sheriff. (4) (i) If the assistant sheriff was an active duty deputy sheriff in the Sheriff’s Office immediately before appointment, the assistant sheriff: 1. Shall receive an annual salary set on appointment and each fiscal year thereafter as provided in the Sheriff’s budget approved and adopted by the County Commissioners; 2. Shall retain full merit status; and 3. At the end of an appointment, shall be placed at the highest rank on the approved Calvert County Deputy Sheriff Pay Scale and shall receive the salary reflected at the highest step within that highest rank. (ii) If the assistant sheriff was not an employee of the Sheriff’s Office immediately before appointment, the assistant sheriff: 1. Shall receive an annual salary that is established through a mutual agreement between the Sheriff and the County Commissioners; 2. Shall be afforded all the benefits available to full–time employees in the Sheriff’s Office; and 3. May not be given merit status. (iii) The annual salary set by the County Commissioners under subparagraph (i)1 of this paragraph: 1. Shall include the same cost of living adjustment, if any, approved by the County Commissioners for county merit employees; and 2. May not be reduced from the prior fiscal year without cause. (iv) The Sheriff may negotiate the salary of the assistant sheriff set by the County Commissioners under subparagraph (i)1 of this paragraph. (e) (1) Except as provided in paragraph (2) of this subsection, any Sheriff who, since 1948, has served for three or more terms shall receive a pension when the Sheriff leaves office: (i) In the annual amount of $150 for each year served; and (ii) That shall be paid not less frequently than once a month. (2) This subsection does not apply to a term of office that begins on or after July 1, 1988. (f) (1) The County Commissioners may provide in their annual budget for a pension to be paid to the surviving spouse, if any, of any Sheriff who was in office as of October 1970. (2) The pension shall be in the amount of $250 a month and shall be paid to the surviving spouse, if any, for the life of that surviving spouse. (g) (1) This paragraph applies to an individual who: (i) On or after July 1, 2008, serves as the Sheriff; and (ii) As the Sheriff does not participate in the Employees’ Pension System under Title 23 of the State Personnel and Pensions Article. (2) An individual described in paragraph (1) of this subsection may participate in the Calvert County Employees’ Savings Plan. (h) (1) This subsection applies only to all full–time deputy sheriffs and correctional deputies in the Calvert County Sheriff’s Office at the rank of major and below. (2) Sworn deputy sheriffs and correctional deputies subject to this subsection may: (i) Take part or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities; (ii) Select a labor organization as their exclusive representative; (iii) Engage in collective bargaining with the Sheriff and the County Administrator concerning wages and employee benefits through a labor organization certified as their exclusive representative; (iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through the exclusive representative, covering those wages and benefits; and (v) Decertify a labor organization as their exclusive representative. (3) Any additional funding required as a result of a negotiated collective bargaining agreement is subject to approval by the County Commissioners. (4) (i) A labor organization shall be deemed certified as the exclusive representative if the following conditions are met: 1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the sworn deputy sheriffs at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and 2. The petition is submitted to the Sheriff. (ii) If the Sheriff does not challenge the validity of the petition within 20 calendar days following receipt of the petition, the labor organization shall be deemed certified as the exclusive representative. (iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third–party neutral arbitrator to conduct a secret ballot election and to certify whether the labor organization has been selected as the exclusive representative by a 51% vote of the sworn deputy sheriffs and correctional deputies with the rank of major and below. (iv) The costs associated with the American Arbitration Association and the third–party neutral arbitrator shall be shared equally by the parties. (5) (i) Following the certification of an exclusive representative as provided in paragraph (4) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith. (ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request. (iii) The Sheriff and the County Administrator may not be required to engage in collective bargaining negotiations with the exclusive representative after the time that the County Commissioners approve the annual operating budget with regard to conditions of employment requiring the appropriation of funds in the annual operating budget. (6) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) The agreement may contain a grievance procedure providing for nonbinding arbitration or grievances. (iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining process. (iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of votes cast by the members in the bargaining unit, the Sheriff, and the County Commissioners. (v) Additional funding, if any, required as a result of the agreement shall be subject to approval by the County Commissioners. (vi) The exclusive representative, the Sheriff, and the County Administrator may each designate at least one but not more than four individuals for representation in collective bargaining negotiations. (vii) An agreement is not valid if it extends for less than 1 year or more than 4 years. (7) This subsection may not be construed as authorizing or otherwise allowing a correctional deputy to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.

Md. Code, Courts and Judicial Proceedings § 2-319

(a) This section applies only in Caroline County. (b) The Sheriff of Caroline County shall receive an annual salary equal to 85% of the annual salary of the State’s Attorney for Caroline County. (c) (1) The Sheriff may appoint: (i) Deputy sheriffs and other personnel in accordance with the county budget; and (ii) A chief deputy sheriff, or the managerial equivalent, who shall serve at the pleasure of the Sheriff. (2) The Sheriff may not refuse to reappoint a deputy sheriff without just cause.

Md. Code, Courts and Judicial Proceedings § 2-320

(a) This section applies only in Carroll County. (b) (1) The Sheriff of Carroll County shall receive an annual salary of $140,000 beginning December 5, 2023. (2) Beginning in 2026, the salary for the Sheriff shall be $191,078.10. (3) Beginning in 2027, the salary for the Sheriff shall be $212,309. (c) (1) The Sheriff may employ the number of personnel necessary for the proper execution of the duties of office. (2) Personnel shall receive the compensation set by the County Commissioners of Carroll County. (d) (1) Personnel employed by the Sheriff: (i) Shall be placed on a probationary status; and (ii) May be dismissed by the Sheriff for any reason. (2) After the probationary period, personnel may only be disciplined or dismissed for just cause: (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 Office, if the employee’s rights are not covered under the Law Enforcement Officers’ Bill of Rights. (e) 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. (f) The Sheriff may also appoint a chief deputy and a warden who shall serve at the pleasure of the Sheriff. (g) (1) Subject to paragraph (2) of this subsection, the Sheriff may appoint special deputy sheriffs who are: (i) Members of the police force of a Carroll County municipal corporation; (ii) Selected by the chief of police of the municipal corporation; and (iii) Verified by the chief of police of the municipal corporation as having achieved at least the minimum level of training for police duties in a municipality as designated by the Maryland Police Training and Standards Commission. (2) The appointment of special deputy sheriffs under paragraph (1) of this subsection is subject to the following conditions: (i) The Sheriff may assign the duties of special deputies; (ii) The Sheriff may terminate the appointment of a special deputy sheriff at will or on completion of the assignment for which the special deputy was appointed; (iii) A special deputy sheriff shall remain an employee of the municipal corporation for the purpose of unemployment insurance or employee benefits; and (iv) The Sheriff’s liability insurance coverage within its terms shall be provided to a special deputy sheriff under this section only when the special deputy is acting within the special deputy’s official duties.

Md. Code, Courts and Judicial Proceedings § 2-321

(a) This section applies only in Cecil County. (b) (1) The Sheriff of Cecil County shall receive an annual salary of: (i) $71,500 for fiscal year 2015; (ii) $75,075 for fiscal year 2016; (iii) $77,350 for fiscal year 2017; (iv) $79,675 for fiscal year 2018; (v) Except as provided in item (vi) of this paragraph, $82,075 for fiscal year 2019; and (vi) For each term of office beginning with the term that begins in fiscal year 2019, not less than $100,000, as determined by the County Council of Cecil County. (2) In addition, the Sheriff shall receive the benefits and reimbursements for reasonable expenses in the performance of duties as provided in the county budget or by law, including, where appropriate: (i) Reimbursements under the Standard State Travel Regulations; and (ii) Participation in the health care plan that is negotiated for county employees. (c) (1) The Sheriff shall appoint: (i) A chief deputy sheriff; (ii) A community corrections director; (iii) A detention center director; (iv) A detention center deputy director; (v) A law enforcement director; (vi) Law enforcement personnel; and (vii) A personal secretary to the Sheriff. (2) The Sheriff may remove the chief deputy sheriff, community corrections director, detention center director, detention center deputy director, law enforcement director, and personal secretary to the Sheriff at any time whether or not for cause. (3) The Sheriff shall appoint full–time or part–time employees, as provided in the county budget, to perform the duties of the Sheriff’s Office, including: (i) Deputy sheriffs to perform law enforcement functions; (ii) Deputy sheriffs to perform correctional functions; (iii) Clerical and other civilian employees; (iv) A director of the detention center; and (v) A community corrections director. (d) (1) Except for the chief deputy sheriff, each employee of the Sheriff’s Office shall serve a probationary period of 18 months. (2) The Sheriff may extend the probationary period required under paragraph (1) of this subsection for cause. (3) During the probationary period of an employee in the Sheriff’s Office: (i) The employee shall satisfactorily complete any certification or training program specified by the Sheriff; and (ii) The determination of an employee’s qualifications and ability to serve in the position of a permanent non–probationary employee shall be within the sole discretion of the Sheriff. (e) (1) Except for the chief deputy sheriff, community corrections director, detention center director, detention center deputy director, law enforcement director, law enforcement personnel, and personal secretary to the Sheriff, all employees of the Sheriff’s department: (i) Shall be governed by the rank, salary, and benefit structures of the county personnel policy; and (ii) Except as provided in paragraph (2) of this subsection, on completion of the probationary period, shall be subject to the county personnel regulations and policies in all matters. (2) Law enforcement officers and correctional officers of the Sheriff’s Office may be terminated only for just cause. (3) Nothing in this section shall affect the rights and protections accorded an employee under any other provision of law. (f) The county shall pay the cost of all necessary expenses incurred by the Sheriff and the Sheriff’s staff. (g) The Sheriff shall have the authority to formulate and administer a plan that includes the method of supervision to use incarcerated individuals the Sheriff deems eligible and selects to perform, under the supervision of State, county, or municipal employees, tasks the Sheriff assigns within the county or any incorporated municipality within the county. (h) (1) (i) Except as provided in subparagraph (ii) of this paragraph, this subsection applies only to all full–time sworn law enforcement deputy sheriffs in the Office of the Sheriff of Cecil County at the rank of captain and below and to all full–time sworn correctional deputy sheriffs in the Office of the Sheriff of Cecil County at the rank of lieutenant and below. (ii) This subsection does not apply to the chief deputy sheriff, community corrections director, detention center director, detention center deputy director, or law enforcement director in the Office of the Sheriff of Cecil County. (2) (i) A full–time sworn law enforcement deputy sheriff at the rank of captain and below may: 1. Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities; 2. Select a labor organization as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection; 3. Engage in collective bargaining with the Sheriff and the County Executive of Cecil County, or the designee of the Sheriff and the County Executive, concerning wages, benefits, and any working conditions that are not included in paragraph (5)(iv)1 of this subsection through a labor organization certified as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection; 4. Subject to item 2 of this subparagraph, enter into a collective bargaining agreement, through the exclusive representative of the deputy sheriffs subject to this subsection, covering the wages, benefits, and other working conditions of the law enforcement deputy sheriffs subject to this subsection, to the extent that the agreement does not impair the rights of the Sheriff set forth in paragraph (5)(iv) of this subsection; and 5. Decertify a labor organization as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection. (ii) A full–time sworn correctional deputy sheriff at the rank of lieutenant and below may: 1. Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities; 2. Select a labor organization as the exclusive representative of the correctional deputy sheriffs subject to this paragraph; 3. Engage in collective bargaining with the Sheriff and the County Executive of Cecil County, or the designee of the Sheriff and the County Executive, concerning wages, benefits, and any working conditions that are not included in paragraph (5)(iv)1 of this subsection through a labor organization certified as the exclusive representative of the correctional deputy sheriffs subject to this paragraph; 4. Subject to item 2 of this subparagraph, enter into a collective bargaining agreement, through the exclusive representative of the correctional deputy sheriffs subject to this paragraph, covering the wages, benefits, and other working conditions of the correctional deputy sheriffs subject to this paragraph, to the extent that the agreement does not impair the rights of the Sheriff set forth in paragraph (5)(iv)1 of this subsection; and 5. Decertify a labor organization as the exclusive representative of the correctional deputy sheriffs subject to this paragraph. (3) (i) 1. A labor organization seeking certification as an exclusive representative of the sworn law enforcement deputy sheriffs must submit a petition to the Sheriff and the County Executive that is signed by more than 50% of the sworn law enforcement deputy sheriffs at the rank of captain and below indicating the desire of the deputy sheriffs subject to this subsection to be represented exclusively by the labor organization for the purpose of collective bargaining. 2. A labor organization seeking certification as an exclusive representative of the correctional deputy sheriffs must submit a petition to the Sheriff and the County Executive that is signed by more than 50% of the sworn correctional deputy sheriffs at the rank of lieutenant and below indicating the desire of the correctional deputy sheriffs subject to this subsection to be represented exclusively by the labor organization for the purpose of collective bargaining. (ii) If the Sheriff and the County Executive do not challenge the validity of the petition within 20 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative. (iii) If the Sheriff or the County Executive challenge the validity of the petition, the American Arbitration Association shall appoint a neutral third party to conduct an election and to certify whether the labor organization has been selected as the exclusive representative by a majority of the votes cast in the election. (iv) The costs associated with the appointment of a neutral third party shall be shared equally by the parties. (v) 1. A labor organization shall be deemed decertified if a petition is submitted to the Sheriff and the County Executive that is signed by more than 50% of the full–time sworn law enforcement deputy sheriffs at the rank of captain and below indicating the desire of the law enforcement deputy sheriffs to decertify the labor organization as the exclusive representative of the law enforcement deputy sheriffs subject to this subsection. 2. A labor organization shall be deemed decertified if a petition is submitted to the Sheriff and the County Executive that is signed by more than 50% of the full–time sworn correctional deputy sheriffs at the rank of lieutenant and below indicating the desire of the correctional deputy sheriffs to decertify the labor organization as the exclusive representative of the correctional deputy sheriffs subject to this subsection. (4) (i) Following certification of an exclusive representative as provided in paragraph (3) of this subsection, the certified labor organization and the Sheriff and the County Executive shall meet at reasonable times and engage in collective bargaining in good faith. (ii) The certified labor organization, the Sheriff, and the County Executive shall make every reasonable effort to conclude negotiations on or before February 15 of the year in which a collective bargaining agreement is to take effect to allow for inclusion by the Sheriff of matters agreed on in its budget request to the County Council. (iii) 1. If the certified labor organization and the Sheriff and the County Executive are unable to reach an agreement before the date set forth in subparagraph (ii) of this paragraph, either the certified labor organization or the Sheriff and the County Executive may seek nonbinding mediation through the Federal Mediation and Conciliation Service. 2. A party seeking nonbinding mediation under subsubparagraph 1 of this subparagraph shall give written notice to the other party and to the Federal Mediation and Conciliation Service at least 15 days prior to the start of the first mediation meeting. 3. The costs associated with the mediator or mediation process shall be shared equally by the parties. 4. The certified labor organization, the Sheriff, and the County Executive shall engage in nonbinding mediation for at least 30 days unless they mutually agree in writing to termination or extension of the mediation or reach an agreement. 5. The contents of the mediation proceedings may not be disclosed by any of the parties or the mediator. (iv) The County Council shall enact a local ordinance that allows for nonbinding arbitration if the certified labor organization, the Sheriff, and the County Executive are unable to reach an agreement through mediation under subparagraph (iii) of this paragraph. (5) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) A collective bargaining agreement may contain a grievance procedure providing for binding arbitration of grievances in reference to a labor contract, including grievances related to interpretation or breach of contract. (iii) A collective bargaining agreement reached in accordance with this subsection shall be in writing and signed by the certified representatives of the parties involved in the collective bargaining negotiations. (iv) Except as provided in the code and regulations of the county, the provisions of this paragraph and any agreement made under it may not impair the right and the responsibility of the Sheriff to: 1. Determine the mission, budget, organization, numbers, types, classes, grades, and ranks of deputy sheriffs assigned, the services to be rendered, operations to be performed, and the technology to be used; 2. Set the standards of service and exercise control over operations, including the rights to determine work shifts and the number of deputy sheriffs on each shift; 3. Assign and retain deputy sheriffs in positions within the office; 4. Determine and set work projects, tours of duty, schedules, assignments, and methods, means, and personnel by which operations are conducted; 5. Determine and set technology needs, internal security practices, equipment, and the location of facilities; 6. Maintain and improve the efficiency and effectiveness of operations; 7. Hire, direct, supervise, promote, demote, discipline, assign, and with reasonable cause discharge full–time sworn law enforcement deputy sheriffs, with the exception that the promotional process for law enforcement deputy sheriffs up to the rank of captain and the number and composition of trial boards for the discipline process for law enforcement deputy sheriffs at the rank of captain and below are subject to collective bargaining; 8. Hire, direct, supervise, promote, demote, discipline, assign, and with reasonable cause discharge full–time sworn correctional deputy sheriffs, with the exception that the promotional process for correctional deputy sheriffs up to the rank of lieutenant and the number and composition of trial boards for the discipline process for deputy sheriffs at the rank of lieutenant and below are subject to collective bargaining; 9. Determine and set the qualifications of deputy sheriffs for appointment and promotions; and 10. Determine and set the standards of conduct, and with consultation and input from the certified labor organization, adopt rules, orders, policies, regulations, and procedures on mutually agreed on subjects. (v) A collective bargaining agreement is not effective until it is ratified by the majority of votes cast by the deputy sheriffs in the bargaining unit and approved by the Sheriff, the County Executive, and the County Council. (6) Nothing in this subsection may be construed to: (i) Authorize or otherwise allow a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article; and (ii) Authorize the collection of mandatory membership fees from nonmembers of the employee organization.

Md. Code, Courts and Judicial Proceedings § 2-322

(a) This section applies only in Charles County. (b) (1) The salary for the Sheriff of Charles County is equal to the salary of a Department of State Police lieutenant colonel, at the highest available step for a lieutenant colonel under the Department of State Police pay plan in effect on the day prior to the day that the Sheriff begins a term of office. (2) Any change in the salary paid under the Department of State Police pay plan during the term of office of the Sheriff may not apply to the incumbent Sheriff, but the changed rate shall take effect at the beginning of the next following term of office. (c) (1) The Sheriff, in accordance with rules and regulations developed by the County Commissioners of Charles County and the Sheriff, shall appoint the number of deputy sheriffs that the County Commissioners and the Sheriff consider necessary. (2) The salary schedule for the deputy sheriffs, based on rank and length of service, shall correspond to the Department of State Police salary schedule, including longevity steps. (3) The salary schedule for the deputy sheriffs shall be revised to reflect any revisions made to the Department of State Police salary schedule. (4) (i) Except as provided in paragraph (5) of this subsection, the County Commissioners shall appropriate the funds necessary to provide the salaries for deputy sheriffs specified in the salary schedule under paragraph (2) of this subsection unless the County Commissioners declare a fiscal emergency under subparagraph (ii) of this paragraph. (ii) After a discussion among the County Commissioners, the Sheriff, and the exclusive representatives of the bargaining units of sworn law enforcement officers and correctional officers of the Charles County Sheriff’s Office, the County Commissioners may declare a fiscal emergency by a majority vote of the County Commissioners following a public hearing. (5) (i) If the Department of State Police grants step increases to its employees, the County Commissioners are not required under paragraph (4) of this subsection to grant step increases to the deputy sheriffs. (ii) Step increases for the deputy sheriffs are subject to appropriations by the County Commissioners. (d) (1) The books of the Sheriff shall be audited annually. (2) Copies of the audit shall be published by the County Commissioners in local newspapers. (e) (1) This subsection applies to all full–time, merit system sworn law enforcement officers and correctional officers in the Sheriff’s Office at a rank of sergeant or below. (2) This subsection does not apply to the following employees in the Sheriff’s Office: (i) Sworn law enforcement officers or correctional officers in the Sheriff’s Office at a rank of lieutenant or above; (ii) Employees in appointed positions; (iii) Civilian merit system employees; (iv) Full–time reduced hours employees; (v) Part–time employees; (vi) Contractual employees; (vii) Temporary employees; (viii) Emergency employees; or (ix) Employees whose employment is administered under the county policies and procedures manual. (3) (i) A sworn law enforcement officer or correctional officer subject to this subsection has the right to: 1. Take part in or refrain from taking part in forming, joining, supporting, or participating in any employee organization or its lawful activities; 2. Be represented by an exclusive representative, if any, in collective bargaining; and 3. Engage in other concerted activities for the purpose of collective bargaining. (ii) Sworn law enforcement officers and correctional officers subject to this subsection may seek recognition in order to organize and bargain collectively in good faith with the Sheriff or the Sheriff’s designee concerning the following matters: 1. Compensation, excluding salary, wages, and those benefits determined, offered, administered, controlled, or managed by the County Commissioners; 2. Leave, holidays, and vacations; and 3. Hours, working conditions, and job security. (iii) 1. Sworn law enforcement officers subject to this subsection may seek recognition in order to organize and bargain collectively in good faith with the County Commissioners and the Sheriff, or the Sheriff’s designee, concerning merit step increases and those benefits determined, offered, administered, controlled, or managed by the County Commissioners. 2. Correctional officers subject to this subsection may seek recognition in order to organize and bargain collectively in good faith with the County Commissioners and the Sheriff, or the Sheriff’s designee, concerning salary, wages, and those benefits determined, offered, administered, controlled, or managed by the County Commissioners. (iv) 1. A sworn law enforcement officer or correctional officer who is a member of a bargaining unit with an exclusive representative may discuss any matter with the employer without the intervention of the exclusive representative. 2. If a discussion under subsubparagraph 1 of this subparagraph leads to a resolution or adjustment of a dispute, the resolution or adjustment may not be inconsistent with the terms of a collective bargaining agreement then in effect. (v) 1. A sworn law enforcement officer or correctional officer who is not a member of a bargaining unit with an exclusive representative may be required to pay a proportional service fee for costs associated with the administration and enforcement of any agreement that benefits the affected employees. 2. An exclusive representative shall be selected in accordance with the procedures set forth in paragraph (5) of this subsection. (vi) This subsection does not require that sworn law enforcement officers and correctional officers be represented by the same exclusive representative. (4) The Sheriff and the Sheriff’s Office, through their appropriate officers and employees, may: (i) Determine the: 1. Mission; 2. Budget; 3. Organization; 4. Numbers, types, and grades of employees assigned; 5. Work projects, tours of duty, and methods, means, and personnel by which its operations are conducted; 6. Technology needs; 7. Internal security practices; and 8. Relocation of its facilities; (ii) Maintain and improve the efficiency and effectiveness of governmental operations; (iii) Determine the services to be rendered, operations to be performed, and technology to be used; (iv) Determine the overall methods, processes, means, and classes of work or personnel by which governmental operations are to be conducted; (v) Hire, direct, supervise, and assign employees; (vi) Promote, demote, discipline, discharge, retain, and lay off employees; (vii) Terminate employment because of lack of funds, lack of work, a determination by the employer that continued work would be inefficient or nonproductive, or for other legitimate reasons; (viii) Set the qualifications of employees for appointment and promotions; (ix) Set standards of conduct; (x) Adopt office rules, regulations, and procedures; (xi) Provide a system of merit employment according to a standard of business efficiency; and (xii) Take actions, not otherwise specified in this subsection, to carry out the mission of the Sheriff’s Office. (5) (i) Except as provided in subparagraph (ii) of this paragraph, an exclusive representative may not be recognized by the County Commissioners or the Sheriff unless that representative is selected and certified by the Maryland Department of Labor. (ii) Any petition to be recognized that is submitted on behalf of the sworn law enforcement officers shall be accompanied by a showing of interest supported by at least 51% of the sworn law enforcement officers indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining. (iii) Any petition to be recognized that is submitted on behalf of the correctional officers shall be accompanied by a showing of interest supported by at least 51% of the correctional officers indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining. (iv) 1. Except as provided in subsubparagraph 2 of this subparagraph, an exclusive representative shall be deemed decertified if a petition is submitted to the County Commissioners and the Sheriff that is signed by 51% of the sworn law enforcement officers or correctional officers indicating their desire to decertify the exclusive representative. 2. If the exclusive representative wishes to challenge the validity of a petition submitted under subsubparagraph 1 of this subparagraph, within 20 days after submission of the petition, the exclusive representative may request a secret ballot election. 3. The secret ballot election shall be conducted by an impartial umpire selected jointly by the participating parties from a list of umpires provided by the American Arbitration Association. 4. The costs associated with the appointment of the impartial umpire shall be shared equally by the exclusive representative and the county. 5. If at least 51% of the employees in the bargaining unit vote in favor of decertification during the secret ballot election, the exclusive representative shall be decertified. (6) (i) 1. The Sheriff may designate at least one, but not more than four, individuals to represent the Sheriff in collective bargaining. 2. If the County Commissioners are a party to collective bargaining, the County Commissioners may designate at least one, but not more than four, individuals to represent the County Commissioners in collective bargaining. 3. The exclusive representative shall designate at least one, but not more than four, individuals to represent the exclusive representative in collective bargaining. (ii) The parties shall meet at reasonable times and engage in collective bargaining in good faith. (iii) Negotiations or matters relating to negotiations shall be considered closed sessions under § 3–305 of the General Provisions Article. (iv) The parties shall make every reasonable effort to conclude negotiations in a timely manner for inclusion by the Sheriff and the Sheriff’s Office in its budget request to the County Commissioners. (v) Negotiations for an agreement shall begin on or before each September 1 of the year before the expiration of any existing agreement. (7) To the extent that any matters negotiated between the Sheriff, the County Commissioners, and the collective bargaining unit require legislative approval or the appropriation of funds, the matters shall be recommended to the General Assembly for the approval of legislation or to the County Commissioners for the appropriation of funds. (8) An agreement is not valid if it extends for less than 1 year or for more than 4 years. (9) (i) An agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) An agreement may contain a grievance procedure for binding arbitration of the interpretation of contract terms and clauses. (iii) 1. An agreement reached in accordance with this subsection shall be in writing and signed by the designated representatives of the Sheriff and the exclusive representative involved in the collective bargaining negotiations. 2. If the County Commissioners are a party to the agreement, the agreement shall be signed by the County Commissioners in addition to the signatories required under subsubparagraph 1 of this subparagraph. (iv) An agreement is not effective until it is ratified by: 1. The Sheriff; 2. If the County Commissioners are a party to the collective bargaining, the County Commissioners; and 3. A majority of the votes cast by the employees in the bargaining unit. (v) A modification to an existing agreement is not valid unless it is in writing and ratified by: 1. The Sheriff; 2. If the County Commissioners are a party to the collective bargaining, the County Commissioners; and 3. A majority of the votes cast by the employees in the bargaining unit. (10) If there is a conflict between an existing collective bargaining agreement and a rule or regulation adopted by the county, including merit system or other personnel regulations, the terms of the agreement shall prevail unless otherwise prohibited by law. (11) (i) If the exclusive representative, the Sheriff, and, if a party to collective bargaining, the County Commissioners are unable to reach an agreement on or before January 15, any party may seek mediation through the Federal Mediation and Conciliation Service. (ii) A party seeking mediation under subparagraph (i) of this paragraph shall provide written notice to the other parties and the Federal Mediation and Conciliation Service at least 15 days before the anticipated first mediation meeting. (iii) The parties shall share the costs of the services of the mediator as follows: 1. The exclusive representative shall pay half of the costs; 2. If the County Commissioners and the Sheriff are both parties to the negotiations giving rise to the mediation, the County Commissioners and the Sheriff shall each pay one–quarter of the costs; and 3. If the County Commissioners are not a party to the negotiations giving rise to the mediation, the Sheriff shall pay half of the costs. (iv) Costs incurred by a party to prepare, appear, or secure representation, expert witnesses, or evidence of any kind shall be borne exclusively by that party. (v) The parties shall engage in mediation for at least 30 days unless the parties mutually agree in writing to the termination or extension of the mediation or reach an agreement. (vi) The contents of a mediation proceeding under this paragraph may not be disclosed by the parties or the mediator. (12) (i) If the exclusive representative, the Sheriff, and, if a party to collective bargaining, the County Commissioners have not reached an agreement on or before March 1, or any later date determined by mutual agreement of the parties: 1. Any party may declare a bargaining impasse; 2. The party declaring a bargaining impasse under item 1 of this subparagraph shall request a list of arbitrators to be provided to the parties by the Federal Mediation and Conciliation Service or under the Labor Arbitration Rules of the American Arbitration Association; and 3. Within 3 days after the parties’ receipt of the list provided under item 2 of this subparagraph, the parties shall select an arbitrator by alternative striking of names from the list. (ii) On or before March 15, or any later date determined by mutual agreement of the parties, the parties shall submit to the arbitrator: 1. A joint memorandum listing all items to which the parties previously agreed; and 2. A separate proposed memorandum of each party’s final offer presented in negotiations on all items to which the parties previously did not agree. (iii) 1. On or before March 30, or any later date determined by mutual agreement of the parties, the arbitrator shall hold a closed hearing on the parties’ proposals at a time, date, and place within the county selected by the arbitrator. 2. At a hearing, each party may submit evidence and make oral and written arguments in support of the party’s last final offer. (iv) The arbitrator may: 1. Give notice and hold hearings in accordance with the Maryland Administrative Procedure Act; 2. Administer oaths and take testimony and other evidence; and 3. Issue subpoenas. (v) Once the parties have submitted their positions into the record, each party shall have an opportunity to revise its final position before the record is closed and the matter is submitted to the arbitrator for a determination. (vi) On or before April 15, or any later date determined by mutual agreement of the parties, the arbitrator shall issue a report: 1. Selecting the final offer submitted by the parties that the arbitrator determines to be more reasonable when viewed as a whole; and 2. Stating the reasons that the arbitrator found the final offer to be more reasonable. (vii) In determining which final offer is more reasonable under subparagraph (vi) of this paragraph, the arbitrator may consider only: 1. Past collective bargaining agreements between the parties, including the bargaining history that led to the collective bargaining agreement and the precollective bargaining history of employee wages, hours, benefits, and other working conditions; 2. In an arbitration to which the exclusive representative of sworn law enforcement officers is a party, a comparison of wages, hours, benefits, and other conditions of employment of law enforcement officers employed in other jurisdictions in the State; 3. In an arbitration to which the exclusive representative of sworn law enforcement officers is a party, a comparison of wages, hours, benefits, and other conditions of employment of law enforcement officers from the primary police or sheriff’s departments in all counties in the State; 4. In an arbitration to which the exclusive representative of correctional officers is a party, a comparison of wages, hours, benefits, and other conditions of employment of correctional officers employed in other jurisdictions in the State; 5. A comparison of wages, hours, benefits, and other conditions of employment of employees working for the county; 6. The costs of the respective proposals of the parties; 7. The condition of the General Operating Fund of Charles County, the ability of the Sheriff and the county to finance any economic adjustments required under the proposed collective bargaining agreement, and the potential impact of the parties’ final offers on the bond rating of the county; 8. The annual increase or decrease in consumer prices for goods and services as reflected in the most recent Consumer Price Index for the Washington–Arlington–Alexandria, DC–VA–MD–WV Metropolitan Statistical Area published by the federal Bureau of Labor Statistics; 9. The annual increase or decrease in the cost of living in the statistical areas described in item 8 of this subparagraph as compared to the national average and to other comparable metropolitan areas; 10. The annual increase or decrease in the cost of living in the county; 11. Recruitment and retention data; 12. The special nature of the work performed by the employees in the bargaining unit, including hazards of employment, physical requirements, educational qualifications, job training and skills, shift assignments, and the demands placed on those employees as compared to other employees of the Sheriff’s Office; 13. The interest and welfare of the public and the employees in the bargaining unit; and 14. Stipulations of the parties regarding any of the items under this subparagraph. (viii) The arbitrator may not: 1. Receive or consider the history of collective bargaining related to the immediate dispute, including any offers of settlement not contained in the final offer submitted to the arbitrator, unless the parties mutually agree otherwise; 2. Combine final offers or alter the final offer that the arbitrator selects, unless the parties mutually agree otherwise; or 3. Select an offer in which the conditions of employment or the compensation, salaries, fees, or wages to be paid are unreasonable. (ix) 1. The arbitrator shall submit the report issued under subparagraph (vi) of this paragraph to the County Commissioners, the Sheriff, and the exclusive representative. 2. The recommendations of the arbitrator are not binding on the County Commissioners, the Sheriff, or the exclusive representative. 3. Except as provided in subsubparagraph 4 of this subparagraph, the Sheriff and, if a party to collective bargaining, the County Commissioners may adopt or reject a recommendation of the arbitrator. 4. Subject to subsubparagraph 5 of this subparagraph, if a recommendation of the arbitrator requires an appropriation of funds, only the County Commissioners may adopt or reject the recommendation. 5. The County Commissioners may not accept a recommendation of the arbitrator that requires an appropriation of funds unless the County Commissioners and the Sheriff first agree on the funding source for the appropriation. 6. The parties shall accept or reject the arbitrator’s recommendations within 30 days after the submission of the report to the parties under subsubparagraph 1 of this subparagraph. (x) The parties shall share the costs of the services of the arbitrator as follows: 1. The exclusive representative shall pay half of the costs; 2. If the County Commissioners and the Sheriff are both parties to the negotiations giving rise to the arbitration, the County Commissioners and the Sheriff shall each pay one–quarter of the costs; and 3. If the County Commissioners are not a party to the negotiations giving rise to the arbitration, the Sheriff shall pay half of the costs. (xi) Costs incurred by a party to prepare, appear, or secure representation, expert witnesses, or evidence of any kind shall be borne exclusively by that party. (xii) Nothing in this paragraph shall be construed to prohibit the parties from reaching a voluntary settlement on any unresolved issues at any time before or after the issuance of the recommendations by the arbitrator. (13) If a collective bargaining agreement expires after the exclusive representative has given notice of its desire to enter into collective bargaining for a successor collective bargaining agreement, the terms and conditions of the prior collective bargaining agreement shall remain in effect until the earlier of: (i) The parties reaching a new agreement; or (ii) 180 days from the date the party or parties reject the arbitrator’s recommendations. (14) If the parties fail to reach a new agreement within the 180–day time period under paragraph (13)(ii) of this subsection, the terms and conditions of the prior collective bargaining agreement shall cease to be effective. (15) This subsection does not authorize a sworn law enforcement officer or correctional officer to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article. (16) Nothing in this subsection shall be construed as subjecting disciplinary matters or the disciplinary process to negotiation as part of the collective bargaining process.

Md. Code, Courts and Judicial Proceedings § 2-323

(a) This section applies only in Dorchester County. (b) (1) The Sheriff of Dorchester County shall receive an annual salary equal to 80% of the annual salary of the State’s Attorney for Dorchester County. (2) The Sheriff shall be allowed the actual operating costs of the Sheriff’s Office, including the maintenance of automobiles. (c) (1) The Sheriff shall appoint a chief deputy sheriff, or the managerial equivalent, who shall serve at the pleasure of the Sheriff. (2) If an employee of the Sheriff’s Office is appointed as chief deputy sheriff and is subsequently removed from the chief deputy sheriff’s position for other than cause, the person may resume the employment status held prior to the appointment to the chief deputy sheriff’s position. (3) The chief deputy sheriff shall: (i) Perform all duties assigned by the Sheriff; and (ii) If the Sheriff is temporarily incapacitated or there is a vacancy in the office of the Sheriff, perform all legal functions of the Sheriff. (4) If the Sheriff becomes incapacitated and the position of chief deputy sheriff is vacant, the County Council of Dorchester County shall appoint an acting chief deputy sheriff to serve until the Sheriff is reactivated or replaced. (5) The County Council shall approve the salary of the chief deputy sheriff. (d) (1) The Sheriff may appoint probationary deputy sheriffs, deputy sheriffs, investigators, communications officers, secretaries, supervisors, administrators, and other staff as approved in the county budget. (2) The County Council shall approve the salaries for all staff appointed by the Sheriff. (3) The Sheriff may not refuse to reappoint a deputy sheriff without just cause. (e) The County Council may include in the merit system of the county the employees of the Sheriff’s Office.

Md. Code, Courts and Judicial Proceedings § 2-324

(a) This section applies only in Frederick County. (b) The Sheriff of Frederick County shall receive an annual salary of $125,000. (c) (1) The Sheriff shall appoint: (i) Deputies as necessary, at salaries of at least $2,400; and (ii) Jail wardens as necessary, at salaries of at least $1,320. (2) (i) The Sheriff may appoint additional temporary deputy sheriffs as the Sheriff considers necessary for the public safety, with the approval of the governing body of the county, by ordinance. (ii) The governing body, by ordinance, shall allow reasonable compensation for the temporary additional deputy sheriffs. (iii) The temporary deputies may not serve longer than the occasion requires. (3) The Sheriff may appoint a chief deputy who shall serve at the pleasure of the Sheriff. (d) Any deputy sheriff, with the exception of the chief deputy, appointed according to this section: (1) Shall be placed on a probationary status for at least 18 months of continuous employment; and (2) May be dismissed by the Sheriff for any reason during the probationary period. (e) (1) All full–time civilian employees are subject to the county personnel regulations with regard to qualifications for hiring, promotion, compensation and disciplinary action. (2) All deputy sheriffs, except the chief deputy, are subject to the county personnel regulations with regard to qualifications for hiring, promotion and compensation with regard to matters not covered by the Law Enforcement Officers’ Bill of Rights. (f) (1) The Sheriff may appoint special deputy sheriffs who are: (i) Members of the police force of a municipality in the county; (ii) Selected by the chief of police of the municipality; and (iii) Verified by the chief of police of the municipality as having achieved at least the minimum level of training for police duties in a municipality as designated by the Maryland Police Training and Standards Commission. (2) The appointment of special deputy sheriffs under this subsection is subject to the following conditions: (i) The Sheriff may assign the duties of special deputies; (ii) The Sheriff may terminate the appointment of the special deputy sheriff at will or on completion of the assignment for which the special deputy was appointed; (iii) The special deputy sheriff is not an employee of the county for the purpose of employment security or employee benefits; and (iv) County liability insurance coverage within its terms shall be provided to a special deputy sheriff under this section only when the special deputy is acting within the special deputy’s official duties. (g) (1) This subsection applies to all full–time deputy sheriffs in the Frederick County Sheriff’s Office at the rank of sergeant and below. (2) Full–time deputy sheriffs at the rank of sergeant and below may: (i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities; (ii) Select a labor organization as their exclusive representative; (iii) Engage in collective bargaining with the Sheriff, or the Sheriff’s designee, concerning those wages and benefits not regulated by the Sheriff, through a labor organization certified as their exclusive representative; (iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits not regulated by the Sheriff; and (v) Decertify a labor organization as their exclusive representative. (3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the governing body of the county. (4) The County Executive of Frederick County, or the County Executive’s designee: (i) May not be a party to a collective bargaining agreement entered into under this subsection; but (ii) May attend and participate in all collective bargaining sessions of the parties. (5) (i) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met: 1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the deputy sheriffs at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and 2. The petition is submitted to the Sheriff. (ii) If the Sheriff does not challenge the validity of the petition within 10 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative. (iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third party neutral to conduct an election and to certify whether the labor organization has been selected as the exclusive representative by a majority of the votes cast in the election. (iv) The costs associated with the American Arbitration Association and the third party neutral shall be shared equally by the parties. (6) (i) Following certification of an exclusive representative as provided in paragraph (5) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith. (ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request. (7) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances. (iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations. (iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the deputy sheriffs in the bargaining unit and the Sheriff. (v) Additional funding, if any, required as a result of the agreement shall be subject to the approval of the governing body of the county. (8) Nothing in this subsection may be construed as authorizing or otherwise allowing a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article. (h) (1) This subsection applies to all full–time correctional officers in the Sheriff’s Office at the rank of sergeant and below. (2) Full–time correctional officers at the rank of sergeant and below may: (i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities; (ii) Select a labor organization as their exclusive representative; (iii) Engage in collective bargaining with the Sheriff, or the Sheriff’s designee, concerning those wages and benefits not regulated by the Sheriff, through a labor organization certified as their exclusive representative; (iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits not regulated by the Sheriff; and (v) Decertify a labor organization as their exclusive representative. (3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the governing body of the county. (4) The County Executive, or the County Executive’s designee: (i) May not be a party to a collective bargaining agreement entered into under this subsection; but (ii) May attend and participate in all collective bargaining sessions of the parties. (5) (i) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met: 1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the correctional officers at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and 2. The petition is submitted to the Sheriff. (ii) If the Sheriff does not challenge the validity of the petition within 10 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative. (iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third party neutral to conduct an election and to certify whether the labor organization has been selected as the exclusive representative by a majority of the votes cast in the election. (iv) The costs associated with the American Arbitration Association and the third party neutral shall be shared equally by the parties. (6) (i) Following certification of an exclusive representative as provided in paragraph (5) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith. (ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request to the governing body of the county. (7) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances. (iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations. (iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the correctional officers in the bargaining unit and the Sheriff. (v) Additional funding, if any, required as a result of the agreement shall be subject to the approval of the governing body of the county. (8) Nothing in this subsection may be construed as authorizing or otherwise allowing a correctional officer to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.

Md. Code, Courts and Judicial Proceedings § 2-325

(a) This section applies only in Garrett County. (b) (1) The Sheriff of Garrett County shall receive an annual salary that is 80% of the salary of the State’s Attorney of Garrett County. (2) The Sheriff is entitled to a sum set by the County Commissioners, for expenses. (c) (1) The Sheriff shall employ: (i) Deputies as needed, within the budgetary limits, at salaries of at least $5,200 each, one of whom shall act as warden of the jail; and (ii) A matron for the jail, who shall also perform clerical duties, at the salary set by the Sheriff. (2) The Sheriff may employ additional special deputies whose compensation shall be approved by the County Commissioners. (d) (1) The Sheriff and the deputy sheriffs shall be allowed extra car mileage and out–of–county mileage at the rate of 14 cents per mile. (2) The mileage allowance shall not be payable if the Sheriff’s Office is furnished with automobiles. (e) (1) (i) The Sheriff shall be reimbursed for the expenses of boarding prisoners committed to the county jail, to be paid monthly on vouchers submitted by the Sheriff to the County Commissioners. (ii) The Sheriff shall also submit with the vouchers an affidavit sworn to by the Sheriff on personal knowledge showing for each day of the immediately preceding month the number of prisoners boarded by the Sheriff. (2) The Sheriff may appoint a cook for the jail who shall receive a salary of at least $2,400. (3) The Sheriff, deputies, and cook shall each receive an additional allowance of $200 a year for uniforms and cleaning. (f) (1) This subsection does not apply to the Sheriff or chief deputy sheriff. (2) Deputy sheriffs and other employees of the Sheriff’s Office are included in the county classified service system.

Md. Code, Courts and Judicial Proceedings § 2-326

(a) This section applies only in Harford County. (b) (1) The salary for the Sheriff of Harford County is equal to the salary of a Department of State Police lieutenant colonel, at the highest available step for a lieutenant colonel under the Department of State Police pay plan in effect on the day prior to the day that the Sheriff begins a term of office. (2) Any change in the salary paid under the Department of State Police pay plan during the term of office of the Sheriff may not apply to the incumbent Sheriff, but the changed rate shall take effect at the beginning of the next following term of office. (c) The Sheriff may not have employment outside of that position unless: (1) The employment is a part–time teaching position; and (2) The total maximum yearly income from the outside employment under this subsection is $2,500 or less. (d) The Sheriff shall appoint the number of deputies at the compensation provided in the county budget. (e) (1) The Sheriff may appoint as a special deputy sheriff: (i) The chief of police of a Harford County municipality; or (ii) A member of the police force of a Harford County municipality who is certified by the Maryland Police Training and Standards Commission. (2) A special deputy sheriff appointed under this subsection is not an employee of the Sheriff or of the county. (f) (1) Except as provided in paragraph (2) of this subsection, an employee of the Harford County Sheriff’s Office may not be terminated without just cause. (2) Paragraph (1) of this subsection does not apply to: (i) The chief deputy; (ii) A lieutenant colonel or major; (iii) The secretary for the Sheriff; (iv) A deputy or employee on probationary status; or (v) The warden of the Harford County Detention Center. (g) (1) A lieutenant colonel or major serves at the pleasure of the Sheriff. (2) A lieutenant colonel, major, or captain may not be reduced below the rank of lieutenant without just cause. (h) The Sheriff shall have the authority to formulate and administer a plan that includes the method of supervision to use incarcerated individuals from the Harford County Detention Center the Sheriff deems eligible and selects to perform, under the supervision of State, county, or municipal employees, tasks the Sheriff assigns within the county or any incorporated municipality within the county. (i) (1) This subsection applies only to all full–time deputy sheriffs in the Sheriff’s Office at the rank of captain and below. (2) Sworn law enforcement officers subject to this subsection shall have the right to organize and negotiate with the Harford County Executive and the Sheriff with regard to wages and employee health care premium share not regulated by the Sheriff. (3) Unless otherwise provided in this subsection, the right to organize and negotiate shall be conducted in accordance with §§ 38–5 through 38–8 of Chapter 38, Article I of the Harford County Code. (4) The terms of any agreement with regard to wages and employee health care premium share not regulated by the Sheriff shall be set forth in a memorandum of agreement entered into between the Sheriff, the County Executive, and the employee organization. (5) An agreement with regard to wages and employee health care premium share not regulated by the Sheriff is not effective until the agreement is ratified by: (i) The Sheriff; (ii) The County Executive; and (iii) The employee organization. (6) A modification to an existing memorandum of agreement is not valid unless the modification is in writing and ratified by: (i) The Sheriff; (ii) The County Executive; and (iii) The employee organization. (7) If the Sheriff, the County Executive, and the employee organization are unable to reach an agreement by the dates set in Chapter 38, Article I of the Harford County Code, the procedures set forth in § 38–8(b) of the Harford County Code shall apply, with the County Executive and the employee organization as parties to the proceedings described under § 38–8(b) of the Harford County Code. (j) (1) This subsection applies only to all full–time correctional officers in the Sheriff’s Office at the rank of captain and below. (2) Correctional officers subject to this subsection shall have the right to organize and negotiate with the County Executive and the Sheriff with regard to wages and employee health care premium share not regulated by the Sheriff. (3) Unless otherwise provided in this subsection, the right to organize and negotiate shall be conducted in accordance with §§ 38–5 through 38–8 of Chapter 38, Article I of the Harford County Code. (4) The terms of any agreement with regard to wages and employee health care premium share not regulated by the Sheriff shall be set in a memorandum of agreement entered into between the Sheriff, the County Executive, and the employee organization. (5) An agreement with regard to wages and employee health care premium share not regulated by the Sheriff is not effective until the agreement is ratified by: (i) The Sheriff; (ii) The County Executive; and (iii) The employee organization. (6) A modification to an existing memorandum of agreement is not valid unless the modification is in writing and ratified by: (i) The Sheriff; (ii) The County Executive; and (iii) The employee organization. (7) If the Sheriff, the County Executive, and the employee organization are unable to reach an agreement by the dates set in Chapter 38, Article I of the Harford County Code, the procedures set forth in § 38–8(b) of the Harford County Code shall apply, with the County Executive and the employee organization as parties to the proceedings described under § 38–8(b) of the Harford County Code.

Md. Code, Courts and Judicial Proceedings § 2-327

(a) This section applies only in Howard County. (b) (1) The Sheriff of Howard County shall receive: (i) An annual salary of $109,000 for calendar year 2021; and (ii) For calendar year 2022 and each subsequent calendar year, an annual salary equal to the salary of a major on step 6 of the Howard County Police Management Schedule for the first year of the Sheriff’s term. (2) The salary of the Sheriff shall increase annually, according to the Howard County Police Management Schedule, for as long as the individual holds the position of Sheriff. (c) (1) The Sheriff shall appoint the number of deputies authorized by the county government. (2) The compensation of the deputies shall be set by the county government. (3) (i) Each full–time deputy sheriff at the rank of lieutenant or below appointed by the Sheriff on or after October 1, 2005: 1. Shall be required by the Sheriff to serve an initial probationary period of 12 months; and 2. May be dismissed by the Sheriff for any reason only during the initial probationary period. (ii) The Sheriff may extend the probationary period for a deputy sheriff for reasonable cause. (iii) During the probationary period, the Sheriff has exclusive discretion to determine whether a probationary deputy sheriff has the qualifications and ability to serve in the position of a permanent nonprobationary employee. (iv) Each probationary deputy sheriff shall be required to complete the minimum number of hours mandated for law enforcement agencies established by the Maryland Police Training and Standards Commission. (v) After the probationary period, a full–time deputy sheriff at a rank of lieutenant or below may be disciplined or dismissed only for just cause: 1. In accordance with the Law Enforcement Officers’ Bill of Rights, if the employee’s rights are covered under this bill of rights; or 2. In accordance with the personnel rules and regulations of the Howard County Sheriff’s Office, if the employee’s rights are not covered under the Law Enforcement Officers’ Bill of Rights. (vi) 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 Howard County. (d) (1) The Sheriff may appoint additional temporary deputy sheriffs when necessary for the public safety. (2) The county government shall allow the temporary deputy sheriffs reasonable compensation. (3) A temporary deputy sheriff may not serve longer than the case actually requires. (e) The primary duties of the Sheriff are the following: (1) The security of the circuit court, and the performance of such duties as may be required of the Sheriff by that court; (2) The service of process of writs, summonses, orders, petitions, subpoenas, warrants, orders to show cause, and other legal papers; and (3) Additional duties, including law enforcement as may be requested by law enforcement or other criminal justice agencies, the circuit court, or the county government, when necessary for the public safety. (f) (1) This subsection applies only to full–time deputy sheriffs in the Sheriff’s Office at the rank of corporal and below. (2) A deputy sheriff may: (i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities; (ii) Select a labor organization as the exclusive representative of the deputy sheriffs subject to this subsection; (iii) Engage in collective bargaining with the Sheriff, or the designee of the Sheriff, concerning wages, benefits, and other terms and conditions, except those terms and conditions expressly reserved by the Sheriff under paragraph (5)(iv)1 of this subsection, through a labor organization certified as the exclusive representative of the deputy sheriffs subject to this subsection; (iv) Subject to item (ii) of this paragraph, enter into a collective bargaining agreement, through the exclusive representative of the deputy sheriffs subject to this subsection, covering the wages, benefits, and other terms and conditions of employment of the deputy sheriffs subject to this subsection, except those terms and conditions expressly reserved by the Sheriff in paragraph (5)(iv) of this subsection; and (v) Decertify a labor organization as the exclusive representative of the deputy sheriffs subject to this subsection. (3) (i) A labor organization seeking certification as an exclusive representative must submit a petition to the Sheriff that is signed by at least 30% of the deputy sheriffs indicating the desire of the deputy sheriffs subject to this subsection to be represented exclusively by the labor organization for the purpose of collective bargaining. (ii) If the Sheriff does not challenge the validity of the petition within 30 calendar days following the receipt of the petition, the petition shall be submitted to the Commissioner of Labor and Industry to be approved by a consent election under Title 4, Subtitle 2, Part II of the Labor and Employment Article. (iii) If the Sheriff challenges the validity of the petition, either party may submit a request to the Commissioner of Labor and Industry to determine the validity of the petition and whether to conduct a consent election under Title 4, Subtitle 2, Part II of the Labor and Employment Article. (iv) The costs associated with a determination by the Commissioner of Labor and Industry under subparagraph (iii) of this paragraph shall be shared equally by the parties. (v) A labor organization shall be deemed decertified if a petition is submitted to the Sheriff that is signed by more than 50% of the deputy sheriffs indicating the desire of the deputy sheriffs to decertify the labor organization as the exclusive representative of the deputy sheriffs subject to this subsection. (4) (i) Following certification of an exclusive representative as provided in paragraph (3) of this subsection, the certified labor organization and the Sheriff shall meet at reasonable times and engage in collective bargaining in good faith. (ii) The certified labor organization and the Sheriff shall make every reasonable effort to conclude negotiations on or before February 1 of the year in which a collective bargaining agreement is to take effect to allow for inclusion by the Sheriff of matters agreed on in its budget request to the County Executive of Howard County. (iii) 1. If the certified labor organization and the Sheriff are unable to reach an agreement before the date set forth in subparagraph (ii) of this paragraph, an impasse shall be deemed to have been reached, each side shall submit their best and final offers within 24 hours, and within 5 days after an impasse is reached the dispute, along with each side’s best and final offer, shall be submitted to the Federal Mediation and Conciliation Service. 2. The mediator appointed by the Federal Mediation and Conciliation Service shall meet with the parties and make written findings of fact and recommendations for the resolution of the dispute by March 1. 3. The costs associated with the mediator or mediation process shall be shared equally by the parties. 4. Copies of the mediator’s written findings and recommendations shall be sent to the Sheriff and certified labor organization. 5. The Sheriff and certified labor organization shall meet within 5 days after the conclusion of the mediation to reach a voluntary resolution of the dispute. 6. If no resolution is reached under subsubparagraph 5 of this subparagraph, the Sheriff shall submit to the County Executive the best and final offer of each side and the mediator’s findings and recommendations and the County Executive shall review all the materials before making a budget submission for the Sheriff’s Office to the County Council of Howard County. (iv) 1. Any additional funding required as a result of a negotiated collective bargaining agreement is subject to approval by the County Executive and County Council. 2. A request for additional funding shall be submitted to the County Executive by the Sheriff within the time schedule provided in the agreement. 3. The County Executive and County Council may approve or reject a request for additional funding in whole or in part. 4. If any part of a request for additional funding is rejected, the entire agreement shall be returned to the parties for further bargaining, during which either party may renegotiate all or part of the agreement within the limits of the funding allocated by the County Executive and County Council and within a timetable established by the County Executive. (5) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) A collective bargaining agreement may contain a grievance procedure which shall apply only to questions concerning the interpretation or application of a specific provision of the agreement. (iii) A collective bargaining agreement reached in accordance with this subsection shall be in writing and signed by the certified representatives of the parties involved in the collective bargaining negotiations. (iv) An agreement made under this paragraph may not impair the right and the responsibility of the Sheriff to: 1. Maintain the order and efficiency of the public service entrusted to the Sheriff and to operate and manage the affairs of the Sheriff’s Office, including all rights and authority held by the Sheriff prior to signing a collective bargaining agreement except where abridged by an express provision of the agreement; 2. Determine the purposes and objectives of each of the Sheriff’s constituent offices and departments; 3. Set the standards of services to be offered to the public; 4. Determine and set work projects, tours of duty, schedules, assignments, and methods, means, personnel, and other resources by which operations are conducted; 5. Determine and set technology needs, internal security practices, equipment, and the location of facilities; 6. Exercise control and discretion over the Sheriff’s Office and operations; 7. Hire, promote, transfer, assign, or retain deputy sheriffs in positions within the Sheriff’s Office; 8. Establish work rules; 9. Demote, suspend, discharge, or take any other appropriate disciplinary action against employees for just cause and in accordance with the county charter and other applicable law; 10. Determine the mission, budget, organization, numbers, types, classes, grades, and ranks of deputy sheriffs assigned, the services to be rendered, operations to be performed, and the technology to be used; 11. Set the standards of service and exercise control over operations, including the rights to determine work shifts and the number of deputy sheriffs on each shift; 12. Determine and set the qualifications of deputy sheriffs for appointment and promotions; 13. Set the standards of performance, appearance, and conduct; 14. Judge skill, ability, and physical fitness; 15. Create, eliminate, or consolidate job classifications, departments, or operations; and 16. Control and regulate the use of all equipment and other property of the county. (v) A collective bargaining agreement is not effective until it is ratified by the majority of votes cast by the deputy sheriffs in the bargaining unit and approved by the Sheriff. (6) Nothing in this subsection may be construed to: (i) Authorize or otherwise allow a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article; and (ii) Restrict in any way the authority of the County Executive or County Council to determine the budget for the Sheriff’s Office.

Md. Code, Courts and Judicial Proceedings § 2-328

(a) This section applies only in Kent County. (b) The Sheriff of Kent County shall receive an annual salary equal to 80% of the annual salary of the State’s Attorney for Kent County. (c) At the discretion of the County Commissioners of Kent County, the Sheriff shall receive county–owned automobiles as may be necessary to operate the Sheriff’s department. (d) (1) The Sheriff shall appoint a chief deputy sheriff, or the managerial equivalent, who shall: (i) Receive a salary of at least $8,000; and (ii) Serve at the pleasure of the Sheriff. (2) The Sheriff may not refuse to reappoint a deputy sheriff without just cause. (e) The Sheriff and the Sheriff’s deputies shall be paid allowances as the County Commissioners may deem necessary. (f) The County Commissioners: (1) May authorize additional deputies as necessary; and (2) Shall set their compensation at the time of their appointment. (g) (1) The County Commissioners may authorize the Sheriff to appoint as part–time deputies individuals employed in specific plants, schools, hospitals, institutions, business enterprises, and land development tracts situated within the county. (2) Part–time deputies appointed under paragraph (1) of this subsection: (i) Are limited to service only within the particular facility where they are employed; and (ii) May not be compensated by the county for their services.

Md. Code, Courts and Judicial Proceedings § 2-329

(a) This section applies only in Montgomery County. (b) It is the intent of the General Assembly to: (1) Protect the right to bargain of the Montgomery County Executive and the Montgomery County Sheriff; (2) Preserve a single master collective bargaining agreement to the extent that a single exclusive bargaining representative represents multiple units of employees covered under the Montgomery County Collective Bargaining Law; and (3) Streamline, facilitate, and make more effective the collective bargaining process by ensuring that there shall be a single collective bargaining agreement with both the Montgomery County government and the Montgomery County Sheriff’s Office if a single exclusive bargaining representative represents both county government employees and employees of the Sheriff’s Office. (c) (1) The Sheriff of Montgomery County shall receive a salary, subject to § 35 of Article III of the Maryland Constitution, and an allowance for expenses, as the County Council of Montgomery County provides in its annual budget. (2) (i) The County Council shall provide an automobile for the use of the Sheriff and deputy sheriffs for the general public work of the office. (ii) The expense of operating the automobile shall be paid by the county. (d) (1) The Sheriff may appoint two full–time assistant sheriffs and the number of deputies provided in the county budget. (2) The Sheriff shall also appoint the other clerical and administrative employees provided in the county budget, all of whom shall be paid by the county. (3) (i) With the exception of the assistant sheriffs, all full–time deputy sheriffs of all ranks may, on appointment, be required by the Sheriff to serve a probationary period of 12 months following attainment of sworn status. (ii) Civilian employees may, on appointment, be required by the Sheriff to serve a probationary period of 6 months. (iii) The probationary period may be extended by the Sheriff for reasonable cause in accordance with an applicable collective bargaining agreement. (iv) 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 county merit system laws and personnel regulations. (e) (1) (i) The Sheriff shall fix the compensation of, and may discharge, the deputy sheriffs, and other employees appointed, subject to budget limitations, the county merit system law, personnel regulations, or applicable collective bargaining agreement. (ii) The Sheriff shall fix the compensation of the assistant sheriffs subject to budget limitations. (2) (i) Except for the assistant sheriffs, personnel appointed by the Sheriff shall be considered for all purposes as county merit system employees and subject to the county merit system law, personnel regulations, and applicable collective bargaining agreement. (ii) Assistant sheriffs shall serve at the pleasure of the Sheriff and shall meet the qualifications of the Maryland Police Training and Standards Commission standards for law enforcement officers. (f) (1) Nonprobationary deputy sheriffs below the rank of lieutenant 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 evaluation procedures. (2) Employees, other than the assistant sheriffs, are subject to the 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. (3) (i) As to the employees described in paragraph (1) of this subsection, the 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. (ii) If a single bargaining representative represents both county government employees and employees of the Sheriff’s Office, any and all terms and conditions of employment set forth in any current and subsequent collective bargaining agreement between the county government and the bargaining representative shall be applicable to employees of the Sheriff’s Office unless different terms and conditions of employment are negotiated by the Sheriff in accordance with paragraph (4) of this subsection. (4) (i) 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. (ii) If a single bargaining representative represents both county government employees and employees of the Sheriff’s Office, the Sheriff shall bargain only over particular matters, not involving compensation, pension, fringe benefits, and hours, applicable to employees of the Sheriff’s Office. (iii) If the Sheriff and the bargaining representative disagree over whether a matter is applicable to employees of the Sheriff’s Office, the dispute shall be resolved by the Labor Relations Administrator appointed under Chapter 33, Article VII of the Montgomery County Code, following the procedures for the resolution of prohibited practices charges and consistent with the General Assembly’s intent to preserve a single master collective bargaining agreement. (iv) If the Sheriff and the bargaining representative are unable to reach an agreement during negotiations on matters applicable to employees of the Sheriff’s Office, the procedures for declaring an impasse and submitting a dispute to binding arbitration shall be conducted in accordance with Chapter 33, Article VII of the Montgomery County Code. (5) There shall be only one collective bargaining agreement covering both county government employees and employees of the Sheriff’s Office and any agreements reached under this paragraph shall be included in an appendix or addendum to the agreement between the county government and the bargaining representative. (6) Any required funding for the terms of an agreement negotiated by the Sheriff under this subsection is subject to the budget and fiscal policies of the county. (7) Except as provided in the county merit system law and personnel regulations, the provisions of this subsection and any agreement made under it may not impair the right and responsibility of the Sheriff to: (i) Determine the overall mission of the Sheriff’s Office and, subject to the budget and fiscal policies of the county, the Sheriff’s Office budget; (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 overall organizational structure, methods, processes, means, and personnel by which operations are to be conducted and the location of facilities; (v) Direct and supervise employees; (vi) Hire and select new employees; (vii) Establish the standards governing promotion of employees, subject to the county merit system law and personnel regulations; (viii) Relieve employees from duties because of lack of work or funds or under conditions when the employer determines continued work would be inefficient or nonproductive; (ix) Take actions to carry out the mission of government in situations of emergency; (x) Transfer, assign, and schedule employees; (xi) Determine the size and composition of the workforce, subject to the county’s budget and fiscal policies; (xii) Set the standards of productivity and technology; (xiii) Establish employee performance standards and evaluate employees; (xiv) Make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards, subject to the budget and fiscal policies of the county; (xv) Introduce new or improved technology, research, development, and services; (xvi) Control and regulate the use of machinery, equipment, and other property and facilities of the Sheriff’s Office; (xvii) Maintain internal security standards; (xviii) Create, alter, combine, contract out, or abolish any operation, unit, or other division or service, except that: 1. Contracting out work that will displace employees may not be undertaken by the employer unless 90 days prior to signing the contract, or on another date of notice as agreed to by the parties, written notice has been given to the certified representative and the contracting out of work shall be consistent with any applicable provision of the Montgomery County Code; and 2. Any displacement of bargaining unit members shall be conducted in a manner that is consistent with any applicable provision of the Montgomery County Code and any applicable collective bargaining agreement; (xix) Suspend, discharge, or otherwise discipline: 1. Sworn employees for cause under Title 3, Subtitle 1 of the Public Safety Article; and 2. Civilian employees, subject to the county merit system law and collective bargaining agreement where applicable, provided that, subject to § 404 of the Montgomery County Charter, any action to suspend, discharge, or otherwise discipline a civilian employee may be subject to the grievance procedure set forth in the collective bargaining agreement; and (xx) Issue and enforce rules, policies, and regulations necessary to carry out the functions of this paragraph and all other managerial functions that are not inconsistent with law or the terms of the collective bargaining agreement. (g) (1) Each assistant sheriff whose duty assignment requires the use of a motor vehicle shall: (i) Be reimbursed in such amounts as shall be set forth in the budget for expenses for traveling, transportation, or use of motor vehicles; or (ii) Be allowed the use of a publicly owned motor vehicle. (2) Each deputy sheriff whose duty assignment requires the use of a motor vehicle shall: (i) Be reimbursed in an amount set forth in an applicable collective bargaining agreement for expenses for traveling, transportation, or use of motor vehicles; or (ii) Be allowed use of a publicly owned motor vehicle. (h) Deputy sheriffs are not entitled to any additional compensation for rendering services incident to their office. (i) The County Council shall levy and collect annual taxes on the assessable property in the county in an amount sufficient to pay the salaries and allowances of the Sheriff and deputy sheriffs.

Md. Code, Courts and Judicial Proceedings § 2-330

(a) This section applies only in Prince George’s County. (b) (1) The Sheriff of Prince George’s County shall receive: (i) An annual salary of $132,734 for calendar year 2013; and (ii) For calendar year 2014 and each subsequent calendar year, an annual salary equal to the salary of a circuit court judge. (2) The Sheriff shall: (i) Be provided with an automobile during the term as Sheriff for the use and work of the Sheriff’s Office, with adequate maintenance and insurance for the automobile to be at the cost of the county; and (ii) Receive not more than $5,000 per year for expenses incurred in performing the duties of Sheriff, including training and education, an accounting of which shall be submitted to the County Director of Finance for approval. (c) (1) (i) The Sheriff shall be provided with five full–time assistant sheriffs. (ii) The assistant sheriffs shall be selected and appointed by the Sheriff and serve at the Sheriff’s pleasure. (iii) One of the assistant sheriffs shall be appointed as the chief assistant sheriff. (iv) The assistant sheriffs shall be considered line officers, if so designated by the Sheriff. (2) Each assistant sheriff shall be provided with: (i) An automobile for the duration of the assistant sheriff’s appointment, for the use and work of the Sheriff’s Office, with adequate maintenance and insurance of the automobile to be at the expense of the county; and (ii) An expense allowance of not more than $2,500 annually, an accounting of which shall be submitted to the County Director of Finance for approval. (3) Each assistant sheriff may participate in the supplemental retirement program provided to deputy sheriffs by the county. (4) The assistant sheriffs shall devote their full time and attention to the Sheriff’s Office. (5) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, the chief assistant sheriff shall receive an annual salary of $71,091. 2. The salary of a commissioned deputy sheriff appointed to the position of chief assistant sheriff shall be provided for by the Sheriff in the budget of the county. (ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the assistant sheriffs shall receive an annual salary of $69,888. 2. The salary of commissioned deputy sheriffs serving as assistant sheriffs shall be provided for by the Sheriff in the budget of the county. (d) (1) The Sheriff and the assistant sheriffs shall be provided with an annual clothing allowance equal to that which is provided to deputy sheriffs of all ranks for the procurement, care, and upkeep of clothing and leather goods, and administered for that purpose. (2) (i) Except as provided in subparagraph (ii) of this paragraph, the Sheriff, chief assistant sheriff, and assistant sheriffs shall receive each benefit, other than salary increases, that is negotiated for the deputy sheriffs by the Fraternal Order of Police and granted to the management team of the Sheriff’s Office. (ii) Any additional or increased benefit does not apply to the incumbent Sheriff, but shall take effect at the beginning of the next following term of office. (e) (1) (i) In addition to the assistant sheriffs, the Sheriff shall be provided with the number of full–time employees, including civilian employees and commissioned deputy sheriffs, as is deemed necessary and appropriate to carry out the duties and discharge of the Sheriff’s Office. (ii) The cost and expense of the positions of the full–time employees, including the salaries, shall be provided for in the budget of the county. (2) (i) All full–time civilian employees shall be subject to the county personnel law. (ii) Civilian employees shall: 1. Have the right to organize and bargain collectively; and 2. Be subject to the Prince George’s County Labor Code with regard to collective bargaining for compensation, including pension and fringe benefits, hours, and terms and conditions of employment. (iii) The County Executive of Prince George’s County shall be considered the employer of the civilian employees only for the purpose of collective bargaining for compensation, including pension and fringe benefits, and hours. (iv) 1. Subject to the provisions of subsubparagraph 2 of this subparagraph, the Sheriff shall be considered the employer for purposes of collective bargaining for other terms and conditions of employment. 2. Any required funding for a collective bargaining agreement negotiated by the Sheriff shall be subject to the approval of the County Executive. (f) (1) Except for the assistant sheriffs, all full–time deputy sheriffs of all ranks, provided for the Sheriff in the budget of the county, may be required by the Sheriff to serve a probationary period of 12 months on commencement of any position in the Sheriff’s department. (2) The probationary period may be extended by the Sheriff for reasonable cause. (3) 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. (4) All probationary commissioned deputy sheriffs shall be required to complete the minimum number of hours as mandated for other law enforcement agencies, as set by the Maryland Police Training and Standards Commission. (g) (1) Except for the assistant sheriffs, all commissioned full–time employees, including deputy sheriffs of all ranks and court security officers, that are provided for by the Sheriff in the budget of the county, shall be subject to the county personnel law. (2) All nonprobationary commissioned full–time employees, including deputy sheriffs of all ranks, are subject to Title 3, Subtitle 1 of the Public Safety Article. (3) (i) All commissioned full–time employees, including deputy sheriffs of all ranks and court security officers, are also subject to the Labor Code of the county with regard to collective bargaining for compensation, including pension and other fringe benefits, hours, and terms and conditions of employment. (ii) The County Executive shall be considered the employer of the deputy sheriffs and court security officers only for the purpose of collective bargaining for compensation, including pension and fringe benefits, and hours. (iii) 1. Subject to the provisions of subsubparagraph 2 of this subparagraph, the Sheriff shall be considered the employer for purposes of collective bargaining for other terms and conditions of employment. 2. Any required funding for a collective bargaining agreement negotiated by the Sheriff shall be subject to the approval of the County Executive. (h) (1) The Sheriff and the deputy sheriffs shall be limited in their duties as law enforcement officers, as follows: (i) The full power of arrest; (ii) The service of process of all writs, summonses, orders, petitions, subpoenas, warrants, rules to show cause, and all other legal papers; (iii) The care and supervision of prisoners at any of the county detention centers, hospitals, penal institutions, or other places of confinement; (iv) The security of all State and county courts and the performance of such duties as may be required of them by the courts; (v) The transportation of all legally detained persons; (vi) The administration and enforcement of casino night permits as authorized by the governing body of the county; and (vii) As of October 1, 2007, specific duties as authorized by the county governing body, including: 1. Responding to domestic violence calls; 2. Acting as school resource deputies in county schools; and 3. Providing security for county public school sporting events and extracurricular activities that are held in the county, sponsored by a public school, and open to the public. (2) (i) The duties authorized in paragraph (1)(vii) of this subsection shall be enumerated in a memorandum of understanding entered into by the Prince George’s County Police Department and the Office of the Sheriff of Prince George’s County. (ii) The memorandum of understanding: 1. May be revised only by the county governing body; and 2. Is in effect from the date it is signed by both parties, but not before October 1, 2007. (i) (1) Except as provided in paragraph (2) of this subsection, neither the Sheriff nor any deputy sheriff may conduct criminal investigations. (2) The Sheriff or a deputy sheriff may conduct criminal investigations: (i) In matters concerning the Sheriff’s department; (ii) On request of the courts; (iii) As necessary for the administration and enforcement of casino night permits as authorized by the county governing body; and (iv) In investigations arising out of or incident to normally assigned duties, including those duties authorized by the county governing body under subsection (h)(1)(vii) of this section. (3) When the Sheriff or a deputy sheriff has commenced an investigation under paragraph (2)(iv) of this subsection, the Sheriff or deputy sheriff shall: (i) Immediately notify the appropriate law enforcement agency that has jurisdiction over the matter; and (ii) Transfer the investigation to an appropriate law enforcement agency that has jurisdiction over the matter on request of the agency.

Md. Code, Courts and Judicial Proceedings § 2-331

(a) This section applies only in Queen Anne’s County. (b) (1) The Sheriff of Queen Anne’s County shall receive an annual salary set by the County Commissioners of Queen Anne’s County of at least $10,000. (2) The Sheriff shall appoint a chief deputy sheriff, or the managerial equivalent, who shall: (i) Receive an annual salary set by the County Commissioners of at least $4,500; and (ii) Serve at the pleasure of the Sheriff. (3) (i) The Sheriff may appoint the number of assistant deputy sheriffs as the County Commissioners approve, at annual salaries set by the County Commissioners of at least $4,200. (ii) The Sheriff may not refuse to reappoint a deputy sheriff without just cause. (4) The County Commissioners may appoint an assistant deputy sheriff, at an annual salary set by the County Commissioners of at least $4,200. (c) The salaries are in lieu of all expenses, fees, costs, and charges, except for the board and keeping of prisoners in the county jail and other necessary operating expenses allowed by law or practice, including all expenses for transferring persons to and from penal institutions, places of confinement, and State institutions in the State under sentence or order of an authority. (d) The County Commissioners may include in the merit system of the county the employees of the Queen Anne’s County Sheriff’s Department.

Md. Code, Courts and Judicial Proceedings § 2-332

(a) This section applies only in St. Mary’s County. (b) The Sheriff of St. Mary’s County shall receive an annual salary of: (1) $100,000 for calendar year 2015; (2) $102,000 for calendar year 2016; (3) $104,040 for calendar year 2017; and (4) Beginning in calendar year 2018, equal to the salary of a Department of State Police lieutenant colonel (step 12). (c) The Sheriff shall devote full time to the duties of office.

Md. Code, Courts and Judicial Proceedings § 2-333

(a) This section applies only in Somerset County. (b) (1) The Sheriff of Somerset County shall receive an annual salary of not less than $105,000. (2) The Sheriff may not receive an expense allowance. (c) (1) The Sheriff shall appoint a chief deputy who shall receive an annual salary of not less than $7,500. (2) Subject to the approval of the County Commissioners of Somerset County, the Sheriff may appoint additional deputies at the compensation set by the County Commissioners prior to any appointment. (3) Deputy sheriffs serve under the direction of the Sheriff. (4) Deputy sheriffs are required, within 1 year after their appointment, to complete successfully the course that the Maryland Police Training and Standards Commission prescribes for police officers. (5) (i) Except as provided in subparagraph (ii) of this paragraph, a deputy sheriff whose position is funded by the County Commissioners: 1. Becomes a merit system employee of the Office of Sheriff of Somerset County on completion of the deputy sheriff’s initial probation period; and 2. May not be dismissed without cause. (ii) A deputy sheriff whose position is funded through a grant or other source may be dismissed without cause after the funding source is depleted. (6) (i) The County Commissioners may appoint a jail warden as the county jailer. (ii) Prior to the appointment of any individual, the County Commissioners shall establish an annual rate of compensation for the county jailer. (d) The Sheriff and deputy sheriffs may wear uniforms when performing their official duties. (e) The automobiles used by the Sheriff’s Office shall be equipped with a two–way radio. (f) The County Commissioners may pay for the uniforms, radios, automobiles, and operating expenses of the automobiles of the Sheriff’s Office. (g) The County Commissioners may include in the merit system of the county the employees of the Sheriff’s Office.

Md. Code, Courts and Judicial Proceedings § 2-334

(a) This section applies only in Talbot County. (b) The Sheriff of Talbot County shall receive a salary as set by the County Council of Talbot County. (c) The Sheriff may appoint, subject to the approval of the County Council, the number of deputies the Sheriff deems necessary at the compensation fixed by the County Council prior to the appointment. (d) The Sheriff may appoint a chief deputy sheriff, or the managerial equivalent, who shall serve at the pleasure of the Sheriff. (e) The Sheriff may not refuse to reappoint a deputy sheriff without just cause. (f) The Sheriff’s Office shall be operated on a 24–hour daily basis. (g) The County Council may: (1) Require the Sheriff and deputy sheriffs to wear the uniforms and equipment prescribed by the County Council while on duty or performing an official act; and (2) (i) Issue the required uniforms and equipment to the Sheriff and deputy sheriffs; or (ii) Reimburse the Sheriff and deputy sheriffs for the purchase of uniforms and equipment.

Md. Code, Courts and Judicial Proceedings § 2-335

(a) In this section, “benefits” means: (1) Health, dental, and vision insurance; (2) Pension benefits; (3) Disability insurance; and (4) Life insurance. (b) This section applies only in Washington County. (c) The Sheriff’s salary is 90% of the salary of the State’s Attorney of Washington County. (d) The Sheriff shall appoint a chief deputy at a salary level set by the County Commissioners. (e) (1) In this subsection, “police misconduct” means a pattern, a practice, or conduct by a deputy sheriff that includes: (i) Depriving a person of rights protected by the Constitution or laws of the State or the United States; (ii) A violation of a criminal statute; or (iii) A violation of agency standards and policies of the Washington County Sheriff’s Office. (2) The Sheriff may appoint deputy sheriffs and other personnel necessary to perform the duties of office at salary levels set by the County Commissioners in accordance with the county’s budgetary process. (3) (i) Any deputy sheriff appointed according to this subsection: 1. Shall be placed on a probationary status for the first 2 years of the deputy sheriff’s employment; and 2. Except as otherwise provided by law, may be dismissed by the Sheriff for any reason during that probationary period. (ii) At the conclusion of continuous employment for 2 years, a deputy sheriff having the rank of major or below: 1. Has tenure; and 2. May be discharged by the Sheriff only for police misconduct. (4) If the Sheriff approves after considering personnel needs, the County Commissioners may authorize a deputy sheriff to perform off–duty services for any person who agrees to pay a fee, including hourly rates for off–duty service, any necessary insurance to be determined by the County Commissioners, any fringe benefits, and the reasonable rental cost of uniforms or other equipment used by any off–duty personnel. (f) (1) The Sheriff may appoint special deputy sheriffs, including members of the police force of a Washington County municipality who are: (i) Selected by the chief of police of the municipality; and (ii) Verified by the chief of police of the municipality as having achieved at least the minimum level of training for police duties in a municipality as designated by the Maryland Police Training and Standards Commission. (2) The appointment of special deputy sheriffs is subject to the following conditions: (i) The Sheriff shall assign the special deputy sheriff who is a member of the police force to duties in the municipality where the special deputy sheriff is a member of the police force or to duties in other areas of the county, including: 1. Performing a vehicle traffic stop resulting from the special deputy sheriff’s observation that the operation of the vehicle endangered human life; 2. Stabilizing a traffic situation that is endangering human life; 3. Stabilizing an emergency situation that involves the potential for loss of human life, bodily injury, or damage to property; 4. Responding as an initial responder or an emergency responder after being dispatched by the Washington County Emergency Communications Center to a location outside the special deputy sheriff’s jurisdiction but which the Emergency Communications Center believed was in the special deputy sheriff’s jurisdiction; 5. Responding to an emergency under a Mutual Aid and Assistance Agreement to which a municipality and the Sheriff’s Office are parties and which is in effect at the time of the response or under a mutual aid agreement under § 2–105 of the Criminal Procedure Article if the special deputy sheriff is in compliance with the agreement; 6. Serving on a task force that is jointly operated by a municipal police department and the Sheriff’s Office; or 7. Serving on a special response team that has been activated for a response outside the special deputy sheriff’s jurisdiction; (ii) The Sheriff may terminate the appointment of the special deputy sheriff for cause or on completion of the assignment for which the special deputy sheriff was appointed; (iii) The special deputy sheriff is not an employee of the county or the State for the purpose of employment security or employee benefits; and (iv) County liability insurance may be provided to a special deputy sheriff. (3) Except as provided in paragraph (2)(i) of this subsection, designation as a special deputy sheriff does not authorize the special deputy sheriff to perform law enforcement duties outside the special deputy sheriff’s jurisdiction. (4) A special deputy sheriff is under the authority of the Sheriff while the special deputy sheriff is performing duties as a special deputy sheriff. (g) (1) This subsection applies to all full–time sworn deputy sheriffs in the Washington County Sheriff’s Office at the rank of sergeant and below. (2) Full–time sworn deputy sheriffs at the rank of sergeant and below may: (i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities; (ii) Select a labor organization as their exclusive representative; (iii) Engage in collective bargaining with the Sheriff and the County Administrator concerning wages and benefits through a labor organization certified as their exclusive representative; (iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits; and (v) Decertify a labor organization as their exclusive representative. (3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the County Commissioners. (4) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met: (i) 1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the sworn deputy sheriffs at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and 2. The petition is submitted to the Sheriff. (ii) If the Sheriff does not challenge the validity of the petition within 20 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative. (iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third–party neutral to conduct a secret ballot election and to certify whether the labor organization has been selected as the exclusive representative by a 51% vote of the sworn deputy sheriffs with the rank of sergeant and below. (iv) The costs associated with the American Arbitration Association and the third–party neutral shall be shared equally by the parties. (5) (i) Following certification of an exclusive representative as provided in paragraph (4) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith. (ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request. (iii) The Sheriff and the County Administrator may not be required to engage in collective bargaining negotiations with the exclusive representative after the time that the County Commissioners approve the annual operating budget with regard to conditions of employment requiring the appropriation of funds in the annual operating budget. (6) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances. (iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations. (iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the sworn deputy sheriffs in the bargaining unit, the Sheriff, and the County Commissioners. (v) Additional funding, if any, required as a result of the agreement shall be subject to approval by the County Commissioners. (vi) The exclusive representative, the Sheriff, and the County Administrator may each designate at least one but not more than four individuals for representation in collective bargaining negotiations. (vii) An agreement is not valid if it extends for less than 1 year or more than 4 years. (7) This subsection may not be construed as authorizing or otherwise allowing a sworn deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article. (h) (1) This subsection applies to all full–time correctional deputies in the Sheriff’s Office at the rank of sergeant and below. (2) Full–time correctional deputies at the rank of sergeant and below may: (i) Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities; (ii) Select a labor organization as their exclusive representative; (iii) Engage in collective bargaining with the Sheriff and the County Administrator concerning wages and benefits through a labor organization certified as their exclusive representative; (iv) Subject to paragraph (3) of this subsection, enter into a collective bargaining agreement, through their exclusive representative, covering those wages and benefits; and (v) Decertify a labor organization as their exclusive representative. (3) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the County Commissioners. (4) (i) A labor organization shall be deemed certified as an exclusive representative if the following conditions are met: 1. A petition for the labor organization to be recognized by the Sheriff is signed by at least 51% of the correctional deputies at the rank of sergeant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and 2. The petition is submitted to the Sheriff. (ii) If the Sheriff does not challenge the validity of the petition within 20 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representative. (iii) If the Sheriff challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third–party neutral to conduct a secret ballot election and to certify whether the labor organization has been selected as the exclusive representative by a 51% vote of the correctional deputies with the rank of sergeant and below. (iv) The costs associated with the American Arbitration Association and the third–party neutral shall be shared equally by the parties. (5) (i) Following certification of an exclusive representative as provided in paragraph (4) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith. (ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request. (iii) The Sheriff and the County Administrator may not be required to engage in collective bargaining negotiations with the exclusive representative after the time that the County Commissioners approve the annual operating budget with regard to conditions of employment requiring the appropriation of funds in the annual operating budget. (6) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process. (ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances. (iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations. (iv) Subject to subparagraph (v) of this paragraph, an agreement is not effective until it is ratified by a majority of the votes cast by the correctional deputies in the bargaining unit, the Sheriff, and the County Commissioners. (v) Additional funding, if any, required as a result of the agreement shall be subject to approval by the County Commissioners. (vi) The exclusive representative, the Sheriff, and the County Administrator may each designate at least one but not more than four individuals for representation in collective bargaining negotiations. (vii) An agreement is not valid if it extends for less than 1 year or more than 4 years. (7) This subsection may not be construed as authorizing or otherwise allowing a correctional deputy to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.

Md. Code, Courts and Judicial Proceedings § 2-336

(a) This section applies only in Wicomico County. (b) The Sheriff of Wicomico County shall receive an annual salary of the greater of: (1) $58,000 in calendar year 1998 and thereafter; or (2) The salary set by the County Council of Wicomico County before the start of the term of office. (c) (1) (i) The Sheriff shall appoint a chief deputy at a salary set by the County Council, payable in equal monthly installments. (ii) The chief deputy’s term of office coincides with the Sheriff’s term of office. (iii) The chief deputy may be removed by the Sheriff at any time. (2) The Sheriff may appoint additional deputies as the Sheriff and the County Council deem necessary, each of whom shall receive the compensation prescribed by the personnel rules and regulations of the county. (d) (1) The Sheriff shall be allowed an additional amount to defray all expenses of the office, including necessary automobile mileage allowance at the rate of at least 6 cents per mile for automobiles used by the Sheriff and deputies in performing their official duties. (2) Notwithstanding paragraph (1) of this subsection, mileage may not be allowed if automobiles are furnished to the Sheriff by the County Council. (3) Necessary expenses for telephone and telegraph, and clerical assistants will be allowed if approved by the County Council. (e) (1) (i) The Sheriff shall submit properly authenticated requisitions containing a full and complete statement under oath setting forth all of the expenses for a month, including the names of all deputies and assistants, the amounts allowed to each and all other items of expense. (ii) The requirements of subparagraph (i) of this paragraph are instead of all expenses, fees and costs now or previously allowed the Sheriff for expense in carrying out the duties of the office, including the expenses of transferring prisoners to and from penal institutions and places of confinement in the State under the sentence or order of any authority. (2) The County Council may not pay the Sheriff additional compensation for any services rendered in discharging official duties. (3) The County Council is not liable for any other fee or compensation to the Sheriff. (f) The County Council shall levy each year sufficient funds to pay the salaries and expenses of the Sheriff’s Office. (g) (1) All deputies, except the chief deputy, clerical assistants, and other employees employed by the Sheriff’s Office are subject to the “personnel provisions” of the charter of Wicomico County and subsequent rules and regulations passed by the County Council. (2) If a chief deputy who was a deputy subject to the personnel provisions prior to being promoted to chief deputy is removed from the office of chief deputy for other than cause, that person shall revert to a deputy with the same status that the person had prior to the person’s appointment as chief deputy. (3) A chief deputy who was not a deputy subject to the personnel provisions prior to appointment as chief deputy, if removed from office for any reason, may not automatically revert to a deputy.

Md. Code, Courts and Judicial Proceedings § 2-337

(a) This section applies only in Worcester County. (b) (1) The Sheriff of Worcester County shall receive an annual salary as set by the County Commissioners of Worcester County of at least $85,000. (2) The Sheriff shall appoint at least one chief deputy sheriff and as many deputy sheriffs and other personnel as are necessary to perform the duties of the office and are provided for in the county budget. (c) The County Commissioners shall pay all necessary expenses of the operation of the Sheriff’s Office through the county budget adopted in accordance with all applicable laws and budget procedures and subject to all applicable budget reviews. (d) (1) The chief deputy sheriff shall serve at the pleasure of the Sheriff. (2) If a chief deputy sheriff who was a Worcester County deputy sheriff prior to being appointed as chief deputy is removed from the office of chief deputy for other than cause, that person shall revert to a deputy sheriff with the same status that the person had prior to the person’s appointment as chief deputy. (3) If a chief deputy sheriff who was not a Worcester County deputy sheriff prior to being appointed as chief deputy is removed from the office of chief deputy for any reason, that person may not automatically revert to a deputy sheriff after being removed as chief deputy. (e) (1) Except as provided in this section, the personnel rules and regulations of the county as adopted by the County Commissioners shall apply to all employees of the Sheriff’s Office other than the chief deputy sheriff, including deputy sheriffs, clerks, typists, animal control officers, and other necessary personnel. (2) The appointment, disciplinary, and managerial functions of the County Commissioners as provided for in the personnel rules and regulations of the county shall be performed by the Sheriff in the case of all employees of the Sheriff’s Office. (f) The Sheriff may adopt Sheriff’s Office manuals, additional rules of conduct, dress, and decorum, and other procedures that shall apply to all employees and shall be conditions of employment with the Sheriff’s Office. (g) An employee of the Sheriff’s Office other than the chief deputy sheriff or a probationary employee may be disciplined or terminated for cause only in accordance with the provisions of this section, the regulations referred to in this section, or the Law Enforcement Officers’ Bill of Rights. (h) (1) When a new Sheriff takes office, or at the beginning of a new term of office of a Sheriff, all deputies other than the chief deputy and all other employees in good standing shall remain in their positions and shall be considered reappointed or redeputized, subject to the provisions of this section and to the extent required. (2) A Sheriff may not refuse to reappoint and redeputize a deputy sheriff without cause. (i) At the request of the Sheriff, the County Commissioners may provide in–kind support to the Sheriff relating to personnel matters. (j) The Sheriff shall have complete control over the employees of the Sheriff’s Office, subject only to the provisions of this section and the reasonable application of the personnel rules and regulations of the county and the protections and benefits those policies provide.

Md. Code, Courts and Judicial Proceedings § 2-401

(a) An appellate court shall have a clerk who is appointed by and serves at the pleasure of the court. He shall perform the duties required by Subtitle 2 of this title and the additional duties prescribed by the judges. (b) Subject to approval by the court, the clerk may employ the deputy clerks and other employees necessary for the conduct of his office who shall perform the duties prescribed by the judges.

Md. Code, Courts and Judicial Proceedings § 2-404

An appellate court may direct a sheriff to attend the court or perform services for the court. For serving an appellate court, the sheriff or his county shall receive the compensation set by the court.

Md. Code, Courts and Judicial Proceedings § 2-501

(a) Except as provided for the Circuit Court for Baltimore City in Subtitle 5A of this title, the judges of the circuit court for a county may employ the court administrators, assignment commissioners, auditors, magistrates, examiners, court reporters, messengers, bailiffs, court criers, librarians, clerks, secretaries, stenographers, jury commissioners, law clerks, and other employees necessary to conduct the business of the court. (b) (1) Each employee of a circuit court is entitled to compensation as provided in the appropriate budget and shall perform the duties that the judge directs. (2) (i) If a court reporter ordered under § 2–503 of this subtitle to take testimony before a grand jury serves in more than one county, the counties where the reporter serves shall apportion the compensation under this subsection as the county administrative judges agree. (ii) The Montgomery County Council shall pay the compensation of a court reporter taking or transcribing grand jury testimony in the county. (c) (1) The resident judge in each county of the seventh judicial circuit shall appoint one or more official court reporters for the circuit court in the county. A reporter shall be competent to record court proceedings and shall serve at the pleasure of the judge who appointed him. The reporter shall receive the compensation set by the county government after consultation with the county administrative judge. (2) A court reporter shall be reimbursed for expenses as approved by the court. Reimbursement shall be made by the county treasurer or similar officer of the county in which the services were rendered as expenses of the court upon presentation of a certificate from the clerk showing the attendance and services of the reporter. (3) If directed by the court, the reporter shall attend and take full stenographic notes of, or otherwise record the oral testimony and judicial opinions in all proceedings in the court. (4) The court may direct the reporter to transcribe the notes of a proceeding and the costs of transcription may be taxed as costs in the case or paid as part of the general expenses of the court. (5) On request by a party, a reporter shall furnish a typewritten transcript of any portion of his notes, upon payment of the expenses incident to the transcript at the rate fixed by the court. (d) (1) The five counties comprising the second judicial circuit of Maryland shall provide a pension to any court stenographer of the circuit who has served in that capacity for 25 or more years. (2) Each county shall share in a pro rata contribution to the pension in the following proportions: (i) Caroline County –– 20.5 percent; (ii) Cecil County –– 15.6 percent; (iii) Kent County –– 19.9 percent; (iv) Queen Anne’s County –– 19.9 percent; and (v) Talbot County –– 24.1 percent. (3) The county commissioners or county council for each of those counties shall appropriate annually the necessary funds to pay its share of the pension. (4) The pension shall be $4,000 a year and shall be paid in monthly installments of $333.33. (e) (1) There shall be included in the State budget for the Judicial Branch an appropriation to the Administrative Office of the Courts in the amount necessary to pay salaries and benefits of standing circuit court magistrates. (2) The Administrative Office of the Courts shall: (i) Identify the standing circuit court magistrates; and (ii) Develop a personnel management plan and funding plan to implement this subsection. (3) A standing magistrate of a circuit court or a judicial circuit shall report to and perform the duties and assignments determined by the judges of the respective circuit court or circuit, in accordance with the statewide policy on magistrates. (4) The Supreme Court of Maryland may adopt rules concerning the magistrate positions described in this subsection. (5) (i) Except as otherwise provided in this paragraph, circuit court magistrates identified under paragraph (2) of this subsection shall remain county or Baltimore City employees and shall not be State employees. (ii) A circuit court magistrate identified under paragraph (2) of this subsection may elect to become a State employee between January 1, 2002, and March 31, 2002, both inclusive. (iii) A circuit court magistrate who elects under this subsection to become a State employee shall become a State employee on July 1, 2002. (iv) A standing circuit court magistrate hired on or after July 1, 2002, shall be a State employee.

Md. Code, Courts and Judicial Proceedings § 2-504

(a) The clerk of each circuit court shall receive an annual salary of not more than $146,500 as set by the Board of Public Works on the basis of the relative volume of business and receipts in the clerk’s office. (b) A clerk shall devote his full working time to the duties of the clerk’s office and is entitled to the salary prescribed in subsection (a) of this section. (c) The salary of a clerk is payable biweekly.

Md. Code, Courts and Judicial Proceedings § 2-504.1

§2–504.1. (a) The clerk of each circuit court shall submit annually a budget for the review and approval of the Chief Justice of the Supreme Court of Maryland in such form as prescribed by the Secretary of Budget and Management. (b) Each budget submitted under this section shall: (1) Specify for each clerk’s office: (i) The number of positions; (ii) The salaries; (iii) The expenses; and (iv) The anticipated revenues; and (2) Be submitted to the Chief Justice of the Supreme Court of Maryland in a uniform format as prescribed by the Secretary of Budget and Management. (c) The Chief Justice of the Supreme Court of Maryland shall provide preliminary estimates of budget appropriations for the clerk of each circuit court to the Secretary of Budget and Management. (d) (1) The Chief Justice of the Supreme Court of Maryland shall submit the budget of the clerk of each circuit court to the Secretary of Budget and Management at the time prescribed by the Secretary. (2) Each budget shall be included in the State budget as part of the budget for the Judicial Branch of State government as submitted by the Chief Justice of the Supreme Court of Maryland.

Md. Code, Courts and Judicial Proceedings § 2-505

(a) The number of positions in the office of clerk of a circuit court shall be as provided in the budget. (b) The procedure for appointment and removal of personnel in the clerk’s office shall be as provided by rules adopted by the Supreme Court of Maryland. Those rules may provide whether the positions shall be in the State Personnel Management System or in the personnel system of the Judicial Branch. (c) The compensation for the positions in the clerk’s office shall be set by the Chief Justice.

Md. Code, Courts and Judicial Proceedings § 2-507

(a) A bailiff shall receive the compensation provided in this section. Unless otherwise provided, the amount is a per diem sum for each day he attends the circuit court. (1) Allegany County�––�As set by the court and approved by the county government. (2) Anne Arundel County�––�As set by the court and approved by the county government. (3) Baltimore City�––�As set by the city government. (4) Baltimore County�––�As set by the court. (5) Calvert County�––�As set by the county government and approved by the court. (6) Caroline County�––�$15. (7) Carroll County�––�As set by the county government. (8) Cecil County�––�$17.50. (9) Charles County�––�As set by county government. (10) Dorchester County�––�As set by the court and confirmed by the County Commissioners. (11) Frederick County�––�As set by the county government. (12) Garrett County –– As set by the court and approved by the County Commissioners. (13) Harford County�––�As set by the court. (14) Howard County�––�As set by the county government. (15) Kent County�––�$25. (16) Montgomery County�––�As set by the county government. (17) Prince George’s County�––�As set by the county government and approved by the court. (18) Queen Anne’s County�––� As set by the court and approved by the county government. (19) St. Mary’s County�––�As set by the county government. (20) Somerset County�––�$10. (21) Talbot County�––�As set by the county government. (22) Washington County�––�As set by the court and approved by the County Commissioners. (23) Wicomico County�––�As set by the county government. (24) Worcester County�––�As set by the county government but not more than $35. (b) A court crier shall receive the per diem compensation provided by this section for attending the circuit court: (1) Caroline�––�$15; (2) Cecil�––�As set by the County Commissioners; (3) Kent�––�$17.50; (4) Queen Anne’s�––� As set by the court and approved by the county government; (5) Somerset�––�As set by the County Commissioners; (6) Talbot�––�As set by the County Commissioners; (7) Wicomico�––�As set by the County Commissioners.

Md. Code, Courts and Judicial Proceedings § 2-508

(a) In Prince George’s County, in accordance with the Maryland Rules, the County Administrative Judge shall: (1) Establish the Office of Calendar Management to schedule all proceedings before the Circuit Court for Prince George’s County, including juvenile matters, civil, criminal, and domestic relations cases; (2) Appoint the employees of the Office of Calendar Management; and (3) Supervise directly or through a designee the functions and employees of the Office of Calendar Management. (b) Prince George’s County shall fund all salaries and other expenses of the Office of Calendar Management.

Md. Code, Courts and Judicial Proceedings § 2-509

(a) In Anne Arundel County, there is the Office of the Director of Assignments of the Circuit Court. (b) The Office of the Director of Assignments of the Circuit Court shall: (1) Schedule all civil cases before the Circuit Court; and (2) Perform all other duties as directed by the administrative judges of the circuit and Anne Arundel County. (c) Pursuant to the Maryland Rules, the County Administrative Judge of Anne Arundel County shall: (1) Appoint the Director of Assignments; and (2) Supervise the functions and employees of the Office of the Director of Assignments. (d) (1) Anne Arundel County shall pay all expenses of the Director and the Office of Assignments of the Circuit Court for Anne Arundel County, excluding salary and fringe benefits for other employees of the Office of Assignments. (2) In Anne Arundel County, the employees in the Office of the Director of Assignments shall be: (i) Selected from the staff of the Clerk of the Circuit Court; (ii) Paid from the budget of the Clerk of the Circuit Court; and (iii) Under the exclusive supervision and control of the Director of Assignments.

Md. Code, Courts and Judicial Proceedings § 2-510

(a) This section applies only to employees of the Domestic Relations Division of the Anne Arundel County Circuit Court who, on or before June 30, 2002 were participants in the Anne Arundel County Retirement and Pension System. (b) An employee of the Domestic Relations Division of the Anne Arundel County Circuit Court who is transferred on or before July 1, 2002 into the State Personnel Management System as an employee of the Child Support Administration of the Maryland Department of Human Services, including any attorney representing the Child Support Administration may elect to: (1) Remain as a participant in the Anne Arundel County Retirement and Pension System; or (2) Become an enrollee in the Employees’ Pension System of the State of Maryland. (c) (1) If an employee elects to remain as a participant in the Anne Arundel County Retirement and Pension System, the election remains in effect only as long as the employee remains employed by the Child Support Administration of the Department of Human Services. (2) If the employee transfers to another position in State service, the employee shall become an enrollee of the Employees’ Pension System of Maryland. (3) While an employee remains a participant in the Anne Arundel County Retirement and Pension System, the State Central Payroll Bureau shall deduct from the employee’s biweekly salary an employee contribution that equals the employee’s salary multiplied by the employee contribution rate certified by the Anne Arundel County Retirement and Pension System under subsection (d)(2) of this section. (d) (1) Until the date that the last employee transferred to the State Personnel Management System leaves service in the Child Support Administration of the Department of Human Services, the Department of Human Services shall pay on a quarterly basis to the Anne Arundel County government: (i) The amount deducted by the State Central Payroll Bureau from an employee’s biweekly salary for that quarter as provided under subsection (c)(3) of this section; and (ii) An employer contribution for that quarter equal to the total of the employee salaries subject to a deduction under subsection (c)(3) of this section multiplied by the employer contribution rate determined by the Department of Human Services under paragraph (3) of this subsection. (2) On or before May 15 of each year, the Board of Trustees of the Anne Arundel County Retirement and Pension System shall certify to the Department of Human Services the employer and employee contribution rates for pension benefits determined for the Anne Arundel County Retirement and Pension System for the next fiscal year. (3) If the employer contribution rate certified under paragraph (2) of this subsection is greater than the employer contribution rate paid by the State for State employees under the State Personnel Management System, the Department of Human Services may limit the employer contribution rate to the employer contribution rate paid by the State for State employees under the State Personnel Management System. (4) An employee transferred under this section is not subject to § 22–406(c)(2) of the State Personnel and Pensions Article. (e) (1) A retiree covered under this section who elected to remain in the Anne Arundel County Retirement and Pension System may: (i) Enroll in the health insurance benefit option provided under that system; and (ii) Once enrolled, receive the retirement health benefits provided by the county, subject to the creditable service requirements established in § 2–508 of the State Personnel and Pensions Article. (2) On or before May 15 of each year, the personnel officer for Anne Arundel County shall certify to the Department of Human Services the contribution rates for health benefits determined for the Anne Arundel County Retirement and Pension System for the next fiscal year. (3) The Department of Human Services shall pay on a quarterly basis to the Anne Arundel County government an amount equal to the employer’s contribution for those health benefits. (4) If the employer contribution rate certified under paragraph (2) of this subsection is greater than the employer contribution rate paid by the State for State retirees under the State Personnel Management System: (i) The Department of Human Services may limit the employer contribution rate to the employer contribution rate paid by the State for State employees under the State Personnel Management System; and (ii) The retiree is responsible for payment of the balance of any monthly premium cost to the county not reimbursed by the State.

Md. Code, Courts and Judicial Proceedings § 2-511

There shall be included in the State budget for the Judiciary Department of Maryland beginning in fiscal year 2000, an authorization to the Administrative Office of the Courts in the total amount necessary to provide interpreter services required to be provided by federal or State law in a circuit court proceeding.

Md. Code, Courts and Judicial Proceedings § 2-512

(a) Each circuit court judge shall have one law clerk, to be employed by the State. (b) The budget for the Administrative Office of the Courts shall include funds to employ one law clerk for each circuit court judge.

Md. Code, Courts and Judicial Proceedings § 2-601

(a) There shall be a chief clerk of the District Court, four assistant chief clerks, a supervising auditor, a coordinator of commissioner activity, a chief administrative clerk in each district, a clerk in each county, and other clerical and administrative employees necessary to conduct the business of the court. (b) Except as otherwise provided by law, the clerical, administrative, and constabulary employees of the District Court shall be appointed by the Chief Judge of the District Court on the recommendation of the administrative judge for the district and shall be in the personnel system of the Judicial Branch.

Md. Code, Courts and Judicial Proceedings § 2-602

(a) The chief clerk, the assistant chief clerks, the supervising auditor, and the coordinator of commissioner activity are appointed by and serve at the pleasure of the Chief Judge of the District Court. (b) A chief administrative clerk is appointed by the Chief Judge of the District Court, upon the recommendation of the administrative judge of the district and serves at the pleasure of the Chief Judge of the District Court. (c) The chief clerk, the assistant chief clerks, the supervising auditor, the coordinator of commissioner activity, and the chief administrative clerks of the districts shall be in the personnel system of the Judicial Branch, subject to the classification authority of the Chief Justice of the Supreme Court of Maryland, and shall receive the compensation prescribed by the General Assembly.

Md. Code, Courts and Judicial Proceedings § 2-603

(a) Subject to the direction of the Chief Judge of the District Court, the chief clerk of the District Court is responsible for the administration and day-to-day clerical operation of the District Court and its several divisions and locations. He shall perform the other duties prescribed by rule or law. He may delegate administrative duties to other clerical or administrative personnel of the District Court in a manner consistent with rule or law. (b) The chief administrative clerk in each district is responsible to the chief clerk of the District Court and the administrative judge of the district for the maintenance and operation of the clerical staff and work within the district, including dockets, records, and all necessary papers. (c) (1) When requested to do so, a clerk of the District Court shall advise and assist, as to procedural matters only, a person in the preparation of a statement of claim or other papers required to be filed in a civil action in which the amount in controversy does not exceed $2,500. (2) A clerk of the District Court is not liable to any person with respect to any advice or assistance in the preparation of any statement of claim. (d) (1) This subsection applies to: (i) A dismissal or nolle prosequi of a charge entered on the record in the District Court; and (ii) An indefinite postponement in the District Court of a trial of a charge by marking the charge “stet” on the docket. (2) Notwithstanding any other provision of law, if a dismissal or nolle prosequi of a charge is entered or a charge is stetted, a clerk of the court: (i) Subject to item (ii) of this paragraph, shall mail notice of the dismissal, nolle prosequi, or stet, as the case may be, to the defendant and the defendant’s attorney of record if both the defendant and the defendant’s attorney of record are not present in court when the dismissal or nolle prosequi of the charge is entered or the charge is stetted; (ii) May not mail a notice described in this subsection to the defendant if the defendant’s whereabouts are unknown; and (iii) May not mail a notice described in this subsection to the defendant or the defendant’s attorney of record if either is present in court when the dismissal or nolle prosequi of the charge is entered or the charge is stetted.

Md. Code, Courts and Judicial Proceedings § 2-604

(a) The Chief Judge of the District Court, upon the recommendation of the administrative judge of each district, shall appoint the number of constables required to serve process of the District Court within that district. The administrative judge shall assign the constables to the various courts or divisions of courts within his district so that every court or division of a court has at least one constable. (b) Constables may serve either full time or part time. Full–time constables shall be paid on the same salary scale as that set by the Secretary of Budget and Management pursuant to § 2–316 of this title for full–time deputy sheriffs in Baltimore City. Part–time constables are paid the compensation prescribed by the General Assembly, and serve at the pleasure of the Chief Judge of the District Court. (c) A constable who shows proper identification may ride public transportation in Baltimore City during the course of the constable’s employment without paying the fare.

Md. Code, Courts and Judicial Proceedings § 2-605

(a) All civil process and papers of the District Court shall be served by the constables of the respective districts, except that the administrative judge of a particular district may order the papers and process served by the sheriff of the county. (b) All criminal and traffic process, including warrants and summonses for witnesses, shall be served by the constables of the respective districts, or by the sheriffs of the respective counties or by State or local police as the administrative judge of the district shall direct. However, summonses to witnesses in these cases may be served by mail, rather than by personal service, if the administrative judge of the district directs.

Md. Code, Courts and Judicial Proceedings § 2-606

A constable shall obey and execute all process directed to him from any judge of the District Court of Maryland concerning any matter within the court’s jurisdiction and shall return the process according to its command. He shall serve and levy all executions issued by a judge of the District Court, and in so doing has the same powers, responsibilities and liabilities as a sheriff or deputy sheriff acting in the same capacity if the constable has satisfactorily completed a training program from a police training school approved by the Maryland Police Training and Standards Commission.

Md. Code, Courts and Judicial Proceedings § 2-607

(a) (1) The administrative judge of each district, with the approval of the Chief Judge of the District Court, may appoint the number of commissioners necessary to perform the functions of the office within each county. (2) In multicounty districts, the administrative judge shall obtain the recommendation of the resident judge in each county as to the number of commissioners required in the county and as to the persons to be appointed. (b) (1) (i) Except as provided in subparagraphs (ii), (iii), and (iv) of this paragraph, commissioners shall be adult residents of the county or a county contiguous to the county in which they serve, but they need not be lawyers. (ii) In Anne Arundel County, commissioners shall be adult residents of Anne Arundel County or a county contiguous to Anne Arundel County, except Baltimore City, but they need not be lawyers. (iii) In Baltimore City, commissioners shall be adult residents of Baltimore City, but they need not be lawyers. (iv) In Baltimore County, commissioners shall be adult residents of Baltimore County or a county contiguous to Baltimore County, except Baltimore City, but they need not be lawyers. (2) Each commissioner shall hold office at the pleasure of the Chief Judge of the District Court, and has the powers and duties prescribed by law. (3) Except without additional compensation, unless otherwise fixed by law, an employee of the District Court, who is an adult, may be granted, in the same manner, commissioner powers and duties in the county where the employee is employed. (c) (1) A commissioner shall receive applications and determine probable cause for the issuance of charging documents. (2) A commissioner shall advise arrested persons of their constitutional rights, set bond or commit persons to jail in default of bond or release them on personal recognizance if circumstances warrant, and conduct investigations and inquiries into the circumstances of any matter presented to the commissioner in order to determine if probable cause exists for the issuance of a charging document, warrant, or criminal summons and, in general, perform all the functions of committing magistrates as exercised by the justices of the peace prior to July 5, 1971. (3) There shall be in each county, at all times, one or more commissioners available for the convenience of the public and police in obtaining charging documents, warrants, or criminal summonses and to advise arrested persons of their rights as required by law. (4) A commissioner may exercise the powers of office in any county to which the commissioner is assigned by the Chief Judge of the District Court or a designee of the Chief Judge of the District Court. (5) The Chief Judge of the District Court may authorize one or more commissioners to perform the duties of a commissioner regarding persons arrested in a county other than the county in which the commissioner resides and for which the commissioner was appointed when the arrested persons are brought before the commissioner by a peace officer of the jurisdiction in which that arrest was made. (6) (i) An individual may file an application for a statement of charges with a District Court commissioner. (ii) On review of an application for a statement of charges, a District Court commissioner may issue a summons or an arrest warrant. (iii) A District Court commissioner may issue an arrest warrant only on a finding that: 1. There is probable cause to believe that the defendant committed the offense charged in the charging document; and 2. A. The defendant previously has failed to respond to a summons that has been personally served or a citation; B. The whereabouts of the defendant are unknown and the issuance of a warrant is necessary to subject the defendant to the jurisdiction of the court; C. The defendant is in custody for another offense; or D. There is probable cause to believe that the defendant poses a danger to another person or to the community. (iv) On a finding of good cause, a judge of the District Court or a judge of a circuit court may recall an arrest warrant issued by a District Court commissioner under this paragraph and issue a summons in its place. (d) (1) The authority under this subsection applies only to a respondent who is an adult. (2) A commissioner may issue an interim order for protection of a person eligible for relief in accordance with § 4–504.1 of the Family Law Article or a petitioner in accordance with § 3–1503.1 of this article. (e) Notwithstanding the residence requirements set out in subsection (b) of this section, the Chief Judge of the District Court or a designee of the Chief Judge of the District Court may assign a commissioner of the District Court to serve temporarily in any county.

Md. Code, Courts and Judicial Proceedings § 2-608

(a) (1) In this section the following words have the meanings indicated. (2) “Adult protective services worker” means a human service worker, as defined in § 14–101 of the Family Law Article, employed by a public adult protective services program. (3) “Charging document” means a written accusation alleging that a defendant has committed an offense. (4) “Child welfare caseworker” means a human services professional who meets the qualifications for employment under § 4–301 of the Human Services Article. (5) “Citation” means a charging document, other than an indictment, an information, or a statement of charges, issued to a defendant by a peace officer or other person authorized by law to do so. (6) “Educator” means a principal, vice–principal, teacher, or teacher’s aide at a public or private preschool, elementary, or secondary school. (7) “Emergency services personnel” means: (i) A career firefighter of a county or municipal corporation; (ii) An emergency medical services provider as defined in § 13–516 of the Education Article of a county or municipal corporation; (iii) A rescue squad employee of a county or municipal corporation; and (iv) A volunteer firefighter, rescue squad member, or advanced life support unit member of a county or municipal corporation. (8) “Indictment” means a charging document returned by a grand jury and filed in circuit court. (9) “Information” means a charging document filed in court by a State’s Attorney. (10) “Law enforcement officer” means: (i) A law enforcement officer as defined in § 1–101 of the Public Safety Article; (ii) The Police Commissioner of Baltimore City; (iii) An individual who serves at the pleasure of the Police Commissioner of Baltimore City; (iv) The police chief of a county law enforcement agency; (v) The police chief of a municipal corporation; (vi) The police chief or superintendent of a State law enforcement agency; (vii) The sheriff of a county; (viii) An officer who is on probationary status on initial entry into a law enforcement agency; (ix) A correctional officer as defined in § 8–201 of the Correctional Services Article; or (x) Any federal law enforcement officer who exercises the powers set forth in § 2–104 of the Criminal Procedure Article. (11) “Offense” means a violation of the criminal laws of the State or any political subdivision of the State. (12) “Statement of charges” means a charging document, other than a citation, filed in District Court by a peace officer, a District Court Judge, or a District Court Commissioner. (b) An application filed in the District Court that requests that a statement of charges be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator for an offense allegedly committed in the course of executing the duties of the law enforcement officer, emergency services personnel, adult protective services worker, child welfare caseworker, or educator shall immediately be forwarded to the State’s Attorney. (c) (1) Upon receiving an application filed in District Court requesting that a statement of charges be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator, the State’s Attorney shall: (i) Investigate the circumstances of the matter; and (ii) Make a recommendation to the District Court Commissioner as to whether a statement of charges should be filed against the law enforcement officer, emergency services personnel, adult protective services worker, child welfare caseworker, or the educator. (2) If the State’s Attorney recommends to a District Court Commissioner that a statement of charges be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator, the State’s Attorney shall also make a recommendation as to whether a summons or warrant should issue. (d) Notwithstanding any other provision of the Code or the Maryland Rules, a statement of charges for an offense allegedly committed in the course of executing the duties of the law enforcement officer, emergency services personnel, adult protective services worker, child welfare caseworker, or the educator may not be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or educator until the State’s Attorney has investigated the circumstances of the matter and made recommendations to the District Court Commissioner in accordance with subsection (c) of this section. (e) This section may not be construed to preclude the State’s Attorney from making a determination that an information should be filed against a law enforcement officer, emergency services personnel, an adult protective services worker, a child welfare caseworker, or an educator or that a grand jury should be convened to determine whether an indictment should be filed.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026