It is the public policy of this county, pursuant to Charter
Section 601.1, enacted as a result of citizen initiative, and the
purpose of this article is to promote a harmonious, peaceful and cooperative
relationship between the county government and its law enforcement
employees and to protect the public by assuring, at all times, the
responsive, orderly and efficient operation of the Sheriff's office.
Since unresolved disputes in the Sheriff's office are injurious to
the public and to law enforcement personnel as well, adequate means
should be provided for preventing such unresolved disputes and for
resolving them when they occur. To that end, it is in the public interest
that law enforcement employees have the opportunity to bargain collectively
over wages, hours, and other terms and conditions of employment through
a representative of their choice or to refrain therefrom; and that
any collective bargaining between the county government and a representative
of the law enforcement employees be done in good faith with no interference
with the orderly process of government and furthermore, that the agreements
reached through collective bargaining be concluded with due regard
for, and subject to, the provisions of applicable laws and the Charter
provisions governing public employment and fiscal procedures in the
county.
In this title, the following words have the meanings indicated.
ADMINISTRATION
The County Executive and officers and agents under the County
Executive's supervision.
APPROPRIATE REPRESENTATION UNIT
A group of positions in the Sheriff's Office that under the
provisions of this article has been found to be an appropriate group
for the purpose of collective negotiations.
ARBITRATION
A procedure by which parties who are unable to agree on a
solution to a problem indicate their willingness to be bound by the
decision of a third party.
EMPLOYEE
Shall include a person employed by the Sheriff's Office who
is classified as a sworn law enforcement officer and who has completed
his/her initial entrance level training for certification as a law
enforcement officer, and holds a rank below that of Lieutenant. This
shall in no way serve to modify any personnel policy of the employer
relative to a probationary period or the law enforcement officers'
bill of rights.
EMPLOYEE ORGANIZATION
A lawful association, labor organization, federation, council
or brotherhood, the primary purpose of which is to represent employees
concerning terms and conditions of employment and having a local constitution
or bylaws and a roster of officers elected in accordance with the
constitution or bylaws, but the term does not include an organization
that advocates the overthrow of the constitutional form of government
in the United States or that discriminates with regard to the terms
or conditions of membership because of race, color, creed, sex, age,
national origin, or political affiliation.
EXCLUSIVE REPRESENTATIVE
An employee organization that has been certified as the collective
negotiating agent for an appropriate representation unit for the purpose
of representing all officers in the unit, regardless of employee organization
membership.
IMPASSE
When the administration and exclusive representative are
unable to agree on the wages, hours, working conditions, or other
terms and conditions of employment to create a memorandum of agreement
after a reasonable period of negotiations.
INTERVENER EMPLOYEE ORGANIZATION
An employee organization that has complied with the provisions
of this article that permit it to be included with the petitioning
employee organization as one of the choices on the ballot in a representation
election.
PARTY
A.
County Executive or County Executive's representative; or
B.
Exclusive representative for Wicomico County Sheriff's deputies.
STRIKE; WORK STOPPAGE
A concerted failure to report for duty, the willful absence
from one's position, the stoppage or slowdown of work, or the abstinence
in whole or in part from the full, faithful, and proper performance
of the duties of employment, or deviation from normal or proper work
duties or activities, for the purpose of inducing, influencing, or
coercing the employer in the determination, implementation, interpretation,
or administration of terms or conditions of employment or of the rights,
privileges, or obligations of employment or of the status, recognition
or authority of the employee or an employee organization.
SUBJECT AREA OF BARGAINING
A subject matter area, such as wages, hours, or terms and
conditions of employment, overtime, call back, shift differential,
leave, grievance procedures, and safety procedures. Health benefits,
pension and other retirement benefits are not subject to binding arbitration
for Fiscal Year 2011.
[Added 4-7-2015 by Bill
No. 2015-01]
A. Eligibility. The County employees employed by the Wicomico County
Sheriff's Department eligible to receive an accidental disability
benefit are those County Sheriff members, as defined in the retirement
plan for employees of Wicomico County and the Board of Education of
Wicomico County, who have been at work on any date occurring on or
after July 1, 2014, in a designated job classification of:
(1) A sworn law enforcement officer of the rank of First Sergeant and
below and whose terms and conditions of employment are governed by
an applicable collective bargaining agreement (taking into account
any exclusions from coverage therein); or
(2) Sheriff, or sworn member of the Sheriff's command staff.
B. Qualification. A County Sheriff member shall qualify for an accidental
disability benefit in accordance with this section if:
(1) Such member is certified by the Medical Advisory Board and the Trustee's
subcommittee to be totally and permanently incapacitated, either mentally
or physically, for duty arising out of or in the course of the actual
performance of duty without willful negligence by such member;
(2) The events, conditions, causation, and all other applicable relevant
factors contributing to, arising out of or related to the disabling
condition occurred solely on or after July 1, 2014; and
C. Accidental disability payment. Subject to the terms of the applicable collective bargaining agreement, the amount of each monthly accidental disability benefit payment will equal the amount determined in Subsection
C(1) reduced by any amount received by the member in Subsection
C(2) below:
[Amended 7-5-2023 by Bill No. 2023-05]
(1) 66.67% of the member's final average earnings.
(2) Any related workers' compensation benefits, paid or payable
after the effective date of the certified accidental disability benefit
determination by the Medical Advisory Board, provided that such benefits:
(a)
Are paid or payable while an accidental disability benefit is
paid or payable; and
(b)
Are for personal injury or illness arising out of and in the
course of the member's employment with the employer.
(3) Any worker's compensation benefits paid or payable prior to
the effective date of the certified accidental disability benefit
shall not reduce the member's monthly accidental disability benefit
payment amount.