A.
System. Upon recommendation of the County Executive, the County Council
shall establish a personnel system which shall have the force of law
by resolution after a public hearing. Upon recommendation of the County
Executive, the County Council may modify or revise the personnel system
by resolution after a public hearing.
[Amended 8-2-2016 by Res.
No. 101-2016; 11-8-2022 by referendum]
B.
Scope. The personnel system shall provide for:
C.
Exempt positions. All county positions shall be either included in
the merit system or exempt from it. The exempt positions shall be
as follows:
1.
Elected officials;
2.
Members of boards, commissions, and committees;
3.
The Director of Administration and Assistant Director, if any;
4.
The Heads of the departments, offices and agencies in the executive
branch;
5.
The Council Administrator and Assistant Council Administrator, if
any;
6.
Public Information Officer;
7.
Employees required to be covered by the state merit system;
8.
Professionals, experts, and consultants engaged under contract for
specific services;
9.
Appointed, contract, grant employees; and
10.
Temporary and seasonal employees.
|
Upon the recommendation of the County Executive, the County
Council may, by legislative action, establish or abolish additional
exempt positions.
|
[Added 11-7-2006 by referendum]
The Wicomico County Council shall provide by law for collective
bargaining with binding arbitration with an authorized representative
of the Wicomico County Sheriff's Office deputies. Any law so enacted
shall prohibit strikes or work stoppage by deputies. The County Council
shall provide by law a labor code for sworn employees of the Wicomico
County Sheriffs Office to effectuate this charter provision. This
section shall supersede any conflicting provisions of the Wicomico
County Charter or other Wicomico County provisions.
A.
Basis. All appointments and promotions of county employees shall
be made on the basis of merit and fitness, except in case of persons
employed to make or conduct a special inquiry, investigation, examination
and installation, if the County Executive certifies that the employment
is temporary and that the work should not be performed by regular
county employees. Merit and fitness shall be determined on the basis
of experience, intelligence and general qualifications of the person
B.
Discrimination prohibited. The personnel system shall ensure that
personnel actions with regard to merit employees are based on merit
and fitness, and that no person shall be hired to, or removed from,
or in any way favored or discriminated against, with respect to any
county position because of their sex, race, national origin, religion
or political affiliations.
There shall be established a County Personnel Board, composed
of five (5) members who are qualified voters of the County, appointed
by the County Executive, subject to confirmation by the County Council
as provided in Section 315B.[1] All appointments shall be for a term of three (3) years,
except that any member appointed to fill a vacancy occurring prior
to the expiration of a term shall be appointed only for the remainder
of that term. Members shall be appointed for staggered terms so that
all appointments shall not terminate at the same time. Said members
each year shall select one (1) of their number as Chairman of said
Board.
[1]
Note: Under the 1968 amendments to the code, the original
members of the board were to be appointed as follows: two (2) for
a term of one (1) year, (2) two for two (2) years and one (1) for
three (3) years, from the date of their appointment as designated
by the County Council at the time of appointment.
The County Personnel Board shall:
1.
Serve as the formal grievance review board to hear and decide appeals
from any personnel action as defined in the personnel rules. The Personnel
Board's decision shall be final and binding on all parties.
2.
Advise county officials on matters concerning the personnel rules
and regulations, and report to the County Executive and County Council
on the operation of the personnel system.
A.
Application. This section applies to:
1.
All members of the County Council during their term of office;
2.
The County Executive during his term of office;
3.
All officers and employees of Wicomico County during the term of
their employment with Wicomico County;
4.
All persons directly employed by the County or under the provisions
of this Charter, whose salary or expenses are payable in whole or
in part from county funds.
B.
Prohibition; exception.
1.
Except where such interest is disclosed and does not create a conflict
of interest, as determined by the Ethics Commission, it shall be unlawful
for any person to whom this section applies to:
[Amended 8-3-2010 by Res. No. 117-2010]
a.
Hold, possess, purchase or acquire any share or interest in any agreement
or contract made, entered into or concluded with any party or parties
by Wicomico County or its officers or employees, in their official
capacity;
b.
Have, receive, or participate, either directly or indirectly, in
any of the benefits, profits or emoluments of any such agreement or
contract;
c.
Accept, hold, purchase or acquire any claim on or against Wicomico
County, or any share or interest in such claim, which said claim has
been or is to be passed upon and approved by the County Council; County
Executive, or the officers and employees of Wicomico County.
2.
Nothing stated above shall prohibit the Ethics Commission of the
County from allowing an employee to receive a reward publicly offered
and paid for the accomplishment of a particular task, or to hold stock
in any corporation, or maintain a business in connection with any
person, firm, or corporation which does business with the County if
the Ethics Commission determines that such association would not violate
the public interest.
C.
Enforcement. These provisions prohibiting a conflict of interest
shall be strictly enforced for the purpose of preventing officers
and employees from securing any pecuniary advantage, however indirect,
based on their position or prestige. Any person who shall violate
this section shall be liable to indictment and, upon conviction, shall
forfeit his office and shall also forfeit his share in the agreement,
contract or claim, as the case may be. A fine of not less than $100
nor more than $1,000 or imprisonment of not less than six (6) months
nor more than one (1) year, or both, may be imposed. These provisions
are in addition to other lawful penalties. Violation of this section
shall also, at the option of the County Executive and subject to appeal
to the County Council, render forfeit and void the contract, work,
business, sale or transaction affected.
No member of the County Council, The county Executive, nor any
officer or employee directly employed by the County or under the provisions
of this Charter, whose salary or expenses are payable in whole or
in part from county funds, shall, during his employment or incumbency,
appear as attorney or counsel against the interest of the county in
any litigation to which the county is a party.
The members of the County Council, County Executive and any
officers appointed by him shall be prohibited from requesting any
county employee subject to the county personnel regulations to make
any purchase or contribution or pay any assessment for political purposes;
nor shall any officer or employee participate in any political activities
or electioneering while in the course of their employment with the
county. For purposes of this section "in the course of their employment
with the county" shall mean that time for which one is being paid
to perform work assigned by or for the benefit of the county.
No member of the County Council, the County Executive, or officer
or employee of the county shall direct or cause any officer or employee
of the county to do or perform any service or work outside of his
public office or employment.
A.
General; Exception for expenses. No member of the County Council,
nor the County Executive, and no officer or employee whose salary
is fixed in whole or in part by this Charter or by rules or regulations
of the County Personnel Board shall be entitled directly or indirectly
to any other salary, expenses or compensation from the county for
performance of public duties, except expenses for travel and subsistence
incident to the performance of his official duties, as authorized
by the public local laws of the county, except upon prior written
approval of his department head.
B.
Full time required. All officers and employees in the executive or
legislative branches, other than members of the County Council, the
County Attorney and Assistant County Attorneys, if any, who receive
a salary or compensation paid in whole or in part from county funds,
shall devote their entire time during the official working hours to
the performance of their official duties.
[Amended 11-8-2022 by referendum]
No elected or appointed officer or employee whose salary or
expenses are payable in whole or in part from county funds shall solicit,
give or promise to give any portion of his compensation or any money
or any valuable thing to any person in consideration of his having
been or being appointed or employed as such officer or employee. Any
officer or employee violating this section shall be removed from office
pursuant to regulations of the County Personnel Board.
The County Council shall, by public local laws, provide appropriate
penalties for enforcement of this Article.
