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Wicomico County, MD
 
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Table of Contents
Table of Contents
The town shall have the power to employ such officers and employees as it deems necessary to execute the powers and duties provided by this Charter or other state law and to operate the town government.
The town may provide by ordinance for appointments and promotions in the administrative service on the basis of merit and fitness. To carry out this purpose, the Council shall have the power to adopt such rules and regulations governing the operation of a merit system as it deems desirable or necessary. Among other things, these rules and regulations may provide for competitive examinations, the use of eligible lists, a classification plan, compensation plan, a probation period, appeals by employees included within the classified service from dismissal or other disciplinary action and vacation and sick leave regulations. The town may request and avail itself of the facilities of the Commissioner of State Personnel for the administration of its merit system as provided in state law.
A. 
The civil service of the town shall be divided into the unclassified and classified service.
(1) 
Unclassified service. The unclassified service shall comprise the following offices and positions, which shall not be included within the merit system:
(a) 
The Councilmen, and persons appointed to fill vacancies in these positions.
(b) 
The Clerk-Treasurer and Town Attorney.
(c) 
The heads of all offices, departments and agencies and members of town boards and commissions.
(d) 
Part-time, temporary and unpaid offices and positions.
(2) 
Classified service. The classified service shall comprise all positions not specifically included by this section in the unclassified service. All offices and positions included in the classified service shall be subject to any merit system rules and regulations which may be adopted.
A. 
The compensation of all officers and employees of the town shall be set from time to time by an ordinance passed by the Council, subject to the restrictions imposed upon establishing the salaries of the Councilmen.
B. 
The town is authorized and empowered, by ordinance, to provide for or participate in hospitalization or other forms of benefit or welfare programs for its officers and employees and to expend monies of the town for such programs.
The town shall have the power to do all things necessary to include its officers and employees, or any of them, within any retirement system or pension system under the terms of which they are admissible, and to pay the employer's share of the cost of any such retirement or pension system out of the general funds of the town.
A. 
Prohibitions. No person in the classified service of the town or seeking admission thereto shall be appointed, promoted, demoted, removed or in any way favored or discriminated against because of his political or religious opinions or affiliations or any other factors not related to ability, to perform the work; no person shall willfully or corruptly commit or attempt to commit any fraud preventing the impartial execution of the personnel provisions of this Charter or of the rules and regulations made thereunder; no officer or employee in the classified service of the town shall continue in such positions after becoming a candidate of nomination or election to any public office; no person seeking appointment to or promotion in the classified service of the town shall either directly or indirectly give, render or pay money, service or other valuable thing to any person for, or on account of, or in connection with his appointment, proposed appointment, promotion or proposed promotion; no person shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the classified service of the town; no person holding a position in the classified service of the town shall make any contribution to the campaign funds or any political party or any candidate for public office or take any part in the management, affairs or political campaign of any political campaign of any political party or candidate for public office, further than in exercise of his right as a citizen to express his opinion and to cast his vote.
B. 
Penalties. Any person who, by himself or with others, willfully or corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine or[1] not more than five hundred dollars ($500.) or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment. Any person who is convicted under this section shall for a period of five (5) years be ineligible for appointment to or employment in a position in the town service and shall, if he be all officer or employee of the town, immediately forfeit the office or position he holds.
[1]
Editor's Note: So in original. Probably should read "of."
The Council shall appoint a Clerk-Treasurer, who shall serve at its pleasure. The Clerk-Treasurer shall be the chief financial officer of the town under the supervision of the Council. The Clerk-Treasurer shall serve as Clerk to the Council, attend every meeting of the Council, keep a full and accurate account of the proceedings of the Council and keep such other records and perform such other duties as may be required by this Charter or the Council.
The President of the Council, with the approval of the Council, may appoint a Town Attorney. The Town Attorney shall be a member of the bar of Maryland Court of Appeals. The Town Attorney shall be the legal advisor of the town and perform such duties in connection[1] as may be required by the Council. His compensation shall be determined by the Council. The town shall have the power to employ such legal consultants as it deems necessary from time to time.
[1]
Editor's Note: So in original. Probably should read "this connection."