Allegany County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Allegany County 12-19-1996 by Bill No. 7-96,[1] effective 2-2-1997 (Ch. 20 of the 1984 Code). Amendments noted where applicable.]
[1]
Editor's Note: This bill also repealed former Ch. 20, Classified Services, adopted by the Laws of 1957, Ch. 440, as amended.

§ 31-1 Creation and membership.

A. 
Creation. There is hereby created a classified service in Allegany County. All persons appointed by the County Commissioners of Allegany County or by the executive head of any department, institution, office or agency of said County on or after June 15, 1957, shall belong to the classified service, except those expressly exempted herein.[1]
[1]
Editor's Note: Former § 20-1B, Positions specifically included in classified service, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Exemptions. The following persons shall be exempted from the classified service:
(1) 
Elected officials of the County.
(2) 
County Administrator.
(3) 
Attorney to the County Commissioners and any assistant or assistants to said attorney.
(4) 
Attorney to the Board of Election Supervisors.
(5) 
Any deputy or assistants to the State's Attorney.
(6) 
Any person appointed by the Governor by and with the advice and consent of the Senate of Maryland.
(7) 
Persons appointed by and with the approval of the Judges of the Circuit Court for Allegany County.
(8) 
Contract positions.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 31-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
APPOINTING AUTHORITY
The County Commissioners, County Administrator, or any other individual or group of individuals, who, by virtue of his/her office, has the power to appoint, hire, discharge or fire a given employee.
CLASSIFICATION TITLE or TITLE
The designation given under this chapter to a class and to each position in the class and to the employee in each position in the class.
CLASSIFIED POSITION or POSITION
Any office in the classified service.
CLASSIFIED SERVICE
Includes the offices and positions designated in § 31-1.
CLASSIFIED SERVICE EMPLOYEE or EMPLOYEE
A person who holds, under the terms of this chapter, a position in the classified service, but shall not include a person employed by contract to render a temporary or special service for the County.
CLASS OF POSITION or CLASS
A group of positions established under this chapter similar with respect to the duties and responsibilities thereof and the qualifications required therefor.
COUNTY COMMISSIONERS
The County Commissioners of Allegany County.

§ 31-3 Promulgation of rules and regulations.

The County Commissioners shall promptly after June 1, 1957, adopt rules and regulations governing the following subjects:
A. 
Standards and qualifications for each position within the classified system and a classification title for each such position.
B. 
Minimum and maximum salary schedules, with provisions for increments.
C. 
The employment of employees of the classified service, which rules and regulations shall provide a schedule of hours of employment, holidays, sick leaves and vacations and which rules and regulations may be amended or added to by the County Commissioners.
D. 
The method of selection of new employees, including suitable provisions for competitive examinations and notice of vacancies.

§ 31-4 Membership of current employees.

Upon the adoption of classifications and salary schedules for each position in the classified service, the employees then filling the respective positions shall automatically and without examination become classified employees of the classified system, subject to all of the provisions hereunder, provided that an employee receiving a higher salary than that provided in the salary schedule shall not have his or her salary decreased or increased until adjustments for increments to which he or she is entitled shall have exceeded the salary being received.

§ 31-5 Appointment of emergency employees; nonapplicability of provisions.

The County Commissioners, when an emergency arises and time will not permit compliance with the provisions of this chapter or any regulation adopted thereunder, may make an appointment; and such employee shall be known as an "emergency employee" and have no status as a classified employee.

§ 31-6 Performance standards; training.

The County Commissioners shall, by rule, prescribe standards of performance for any positions or classes of positions, and the County Commissioners shall have the authority to provide facilities for special training to increase the efficiency of new and old employees.

§ 31-7 Separation and/or removal.

A. 
Separations. An employee may be permanently separated from the classified service through resignation, rejection on probation or removal for cause and may be temporarily separated through suspension pending charges or leave of absence granted at the request of the employee.
B. 
Probationary period. The appointing authority may, at any time before the expiration of a probationary period, to be prescribed by rule, which in no event shall exceed 12 months, discharge any person appointed to a classified position. The employee so discharged shall be considered permanently separated from such position.
C. 
Removals; positions abolished.
(1) 
No employee who has completed his or her probation may have his positions abolished, except for the following reasons:
(a) 
Employees of any County agency, department or institution which may hereafter be abolished in its entirety or whose functions may hereafter be transferred to the State of Maryland.
(b) 
Change in technology.
(c) 
Lack of funds.
(d) 
Lack of work.
(2) 
No employee may be permanently removed from the classified service except for cause, upon written charges and after an opportunity to be heard in his own defense. Such charges shall be filed by the appointing authority taking such action with the Civil Service Board hereinafter provided for; and, within 30 days after such filing and notice thereof to the employee by mailing a copy of said charge addressed to the employee at his or her address carried in the records of the classified service, said charges shall be investigated, heard and determined by the Civil Service Board. The finding and decision of said Board may be appealed to the Circuit Court of Allegany County, and the case shall be heard de novo by said Court.
D. 
Restrictions. The County Commissioners shall, by rule, prescribe what may constitute cause for removal, but no removal shall be allowed because of the religious or political opinions or affiliations of any employee.

§ 31-8 Promulgation of additional rules and regulations.

A. 
Adoption. The County Commissioners may, from time to time, adopt such rules and regulations not inconsistent with the provisions of this chapter as shall implement this chapter. Such rules and regulations may be amended from time to time.
B. 
Copies on file. A copy of the rules and regulations shall be kept on file in the office of the County Commissioners for public instruction and inspection.

§ 31-9 Advertisement and examination.

The Department of Human Resources, in accordance with rules and regulations adopted by the County Commissioners, shall:
A. 
Advertise, as may be necessary, for employment in the classified service of Allegany County.
B. 
Prepare, conduct, and grade all examinations for any position.
C. 
Certify to the County Commissioners and the appropriate appointing authority a list of all persons qualified for appointment.

§ 31-10 Appeals.

[Amended 9-25-2003 by Bill No. 6-03]
A. 
Any member of the classified service or applicant for classified service who feels aggrieved by the actions of the County Commissioners or any appointing authority, including separation or removal from classified service, may appeal said matter. Said appeal shall be heard by an Appeals Panel.
B. 
Appeals panel. Appeals shall be heard by an Appeals Panel which shall be made up of an attorney at law, who shall be the chairperson, and two additional members, all of whom shall be selected in accordance with regulations to be established by the Board of County Commissioners pursuant hereto.
C. 
Rules and regulations. In accordance with § 31-8 of this chapter, the Board of County Commissioners shall adopt rules and regulations governing the following:
(1) 
The manner of selection of Appeals Panel members;
(2) 
The subject matter of appeals;
(3) 
Procedure for appeals; and
(4) 
Method and conduct of appeal hearings.