[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Editor's Note: This bill also repealed former Ch. 20,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.
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]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
Any office in the classified service.
Includes the offices and positions designated in § 31-1.
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.
A group of positions established under this chapter similar
with respect to the duties and responsibilities thereof and the qualifications
required therefor.
The County Commissioners of Allegany County.
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.
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.
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.
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.
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:
(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.
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.
The Department of Human Resources, in accordance with rules
and regulations adopted by the County Commissioners, shall:
[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.
