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; 6-21-2022 by Res. No. 72-2022]
B. 
Scope. The personnel system shall provide for:
1. 
A classification and pay plan for all county positions.
2. 
Disciplinary and appeal procedures.
3. 
Work rules, mandatory and voluntary benefits programs and leave policies.
[Amended 6-21-2022 by Res. No. 72-2022]
4. 
Other practices and procedures necessary to the administration of the personnel system.
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 6-21-2022 by Res. No. 72-2022]
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.