[Adopted 8-4-2003 by Bill No. 2003-07[1]]
[1]
Editor's Note: This bill also repealed former Art. I,
Merit System, adopted 9-1-1966, as amended.
The purpose of the merit system is to establish and set forth
a uniform system for competitive, performance-based hiring, promotion
and retention of employees for the Charles County Sheriff's Office.
A.
No person may be hired to, promoted to, or experience a change of
pay within a merit system position except in accordance with merit
system rules.
B.
Exclusions.
(1)
Probationary employees serve in an at-will status and do not become
merit system employees until they have attained regular status.
(2)
Part-time, temporary, contractual and emergency employees are not
part of the merit system.
(3)
Individuals in appointed positions serve in an at-will status and
are not part of the merit system. Individuals serving in appointed
positions may be dismissed, demoted or reassigned at the sole discretion
of the Sheriff.
C.
Employees in grant-funded positions are within the merit system,
assuming they meet the qualifications of their probationary period,
with the exception that they may be separated without cause based
upon the loss of grant funding and any other special provisions set
forth in the grant funding agreement.
As used in this article, the following terms shall have the
meanings indicated:
The authority to hire, dismiss, promote, transfer and make
such other employment decisions concerning positions within, and in
accordance with, the rules of the merit system. The Sheriff is the
appointing authority for all merit system and non-merit system positions.
Regular full-time positions, outside the merit system, which
are staffed through an at-will employment relationship. Employees
in appointed positions serve at the pleasure of the Sheriff and may
be dismissed with or without cause. Appointed positions include the
Assistant Sheriff, officers appointed to the ranks of Lieutenant Colonels,
Majors, Captains, and the Director of Administrative Services, the
Director of the Charles County Detention Center and others as added
or deleted by the Sheriff.
The process of reviewing the duties and responsibilities
of a position and incorporating these duties and responsibilities
into a position description.
An individual who, under a written agreement, provides temporary
personal services to the office of the Sheriff for pay, who is not
employed in a budgeted position, and who has an employer-employee
relationship with the Office of the Sheriff, in which the Office of
the Sheriff furnishes the necessary tools and a place to work, has
the right to control and direct the details, means, and results of
the performance or services and has the right to discharge the individual
from employment.
The movement of a merit system employee from the currently
occupied pay grade or rank to a lower pay grade or rank.
A list of persons who have satisfactorily completed all of
the requirements necessary to become eligible for appointment or promotion
to a merit system position.
An employee serving in an at-will, temporary relationship
with the Office of the Sheriff, which may only be activated in the
event of an immediate need for an individual with specialized skills
or knowledge. An emergency employee is not part of the merit system.
One employed by the Charles County Sheriff's Office
for wages or salary, in an at-will or regular position where the Office
of the Sheriff has the right and the ability to direct the individual's
conduct and work performance.
The advancement of a merit system employee to a rank or pay
grade higher than the one currently occupied by that employee as a
result of a particularly heroic, meritorious, valiant or courageous
act on the part of the employee.
Positions which are funded in part or in total by federal/state
funds, the continuation of which may be strictly dependent on that
funding.
The name given to the classified system which includes the
regulations and procedures prescribed in and promulgated under the
authority of this article, the Director of Administrative Services,
the Charles County Sheriff's Office Administrative and Operational
Manual, position descriptions, the Charles County Sheriff's Office
pay plan and all Charles County Sheriff's Office employees who
are included in the merit system of the Charles County Sheriff's
Office under this article.
All regular full-time positions within the Office of the
Sheriff, except that of the Sheriff, Assistant Sheriff, officers appointed
to the ranks of Lieutenant Colonel, Major, Captain, and the Director
of Administrative Services, the Director of the Charles County Detention
Center, probationary employees, student officers, contractual employees,
temporary employees, and emergency employees.
The written salary scales placing every position in a pay
grade. Each pay grade consists of a maximum and minimum level and
intermediate levels of pay.
A group of duties and responsibilities assigned to one employee.
A position may be vacant or occupied.
A written explanation of one position or a number of positions
with the same duties and responsibilities, essential functions and
title for the position. A position description may contain the minimum
qualifications and performance specifications applicable.
An employee serving in an at-will relationship with the Office
of the Sheriff, pending successful completion of the employee's
training and probationary period.
The advancement of a merit system employee to a rank or pay
grade higher than the one currently occupied by that employee.
The designation utilized to identify the level of authority
for sworn, corrections and police communications officers within the
agency chain of command and to designated placement on the respective
agency pay plan.
The process of reviewing the duties and responsibilities
of an existing position in order to revise the position description
or moving a position description from one pay grade or rank to another
pay grade or rank.
The standing given to merit system employees who have satisfactorily
completed their probationary period of employment. Regular status
shall not be effective until conveyed in writing by the appointing
authority.
The formal renouncement or relinquishment of employment with
the Office of the Sheriff other than retirement.
To complete a specified term of service or meet the requirements
of the Disability Review Board for retirement and formally terminate
service with the Charles County Sheriff's Office making the individual
eligible for retirement benefits.
A sworn or correctional officer's ability to reclaim
the employee's last permanent rank within the merit system when
the employee is removed from or fails to complete the probationary
standards of the employee's current rank.
The movement of a merit system employee from one position
to another at the same pay grade or rank.
When a merit system employee requests a transfer to and accepts
a position within the merit system at a lower pay grade or rank than
the position the employee currently occupies.
The Sheriff, in accordance with Chapter 125 of the Code, will develop and implement an administrative and operational manual, which shall set forth the rules and regulations governing merit system employees. Copies of all merit system rules and regulations will be made available to all merit system employees.
[Amended 11-1-2011 by Bill No. 2011-09]
A.
The Sheriff may appoint a Director of Administrative Services. The
Director of Administrative Services may be sworn or civilian personnel
who will serve at the pleasure of the Sheriff and may be removed and
replaced at any time by the Sheriff, with or without cause.
B.
The Director of Administrative Services, with the approval of the
Sheriff, shall be responsible for preparing such rules and regulations
as may be necessary to carry out the provisions of this article.
C.
The duties or tasks of the Director of Administrative Services shall
be determined by the Sheriff and set forth in the administrative and
operational manual.
A.
All hiring positions within the merit system will be accomplished
by competitive process as set forth in the administrative and operational
manual of the Office of the Sheriff.
B.
All applicants for both merit and non-merit positions may be subject
to a background investigation, physical, mental, written and oral
testing, and such other screening devices as the Sheriff may deem
necessary to determine that applicants have the ability to perform
the essential functions of the position.
C.
Qualified applicants will be placed upon an eligibility list. The
eligibility list will be effective upon its establishment and may
be drawn upon by the Sheriff until a new hiring cycle is begun.
A.
All promotions within the merit system will be accomplished by competitive
process as set forth in the administrative and operational manual
of the Office of the Sheriff. The Board of Public Safety will review
and approve those promotions that are not made in accordance with
the process.
B.
All applicants will be subject to the same background investigation,
physical, mental, written and oral testing, and such other screening
devices as the Sheriff deems necessary to determine that the applicants
have the ability to perform the essential functions of the position.
C.
The Sheriff retains the right to make field promotions, as he deems
appropriate, outside the competitive promotional process.
D.
Promoted employees will assume their promotion in a probationary
status.
A.
Each newly hired employee accepts his or her position in a probationary
status and will not attain regular status until all conditions of
probation have been met. Each employee will serve the following periods
of probation:
(1)
Sworn employees: 24 months with the possibility of an extension that
shall not exceed 12 months.
(2)
Correctional officers: 24 months with the possibility of an extension
that shall not exceed 12 months.
(3)
Civilian employees: 12 months with the possibility of an extension
that shall not exceed six months.
B.
Any employee, during the probationary period, may be dismissed, demoted
or transferred by the Sheriff. The probationary employee has no recourse,
review or appeal under this article.
A.
Promoted or transferred merit system employees will serve in a probationary
status for 12 months with the possibility of an extension that shall
not exceed six months.
B.
Any regular merit system sworn or correctional officer who is promoted
within the merit system shall retain his regular status in the rank
from which he is promoted until regular status is attained for the
promoted rank or unless dismissed or demoted for cause.
C.
Civilian employees do not serve within a rank structure. Therefore,
if a civilian employee fails to meet the conditions of probation in
a position to which he or she was transferred or promoted, he or she
does not enjoy any right of retreat and may be separated from the
agency for failing to meet the terms of his or her probationary status.
A.
A probationary merit system employee shall be retained and granted
regular status at the end of the probationary period if the employee's
performance during the probationary period is satisfactory to the
appointing authority. At the conclusion of the probationary period,
the Sheriff will give written notice informing the employee of attainment
of regular status, the extension of the probationary period or dismissal.
In the event of extension of the probationary period, the Sheriff
will set forth the reason(s) for the extension, recommendations to
assist the employee in attaining regular status and the length of
the extension. The probationary period for newly hired sworn employees
and correctional officers may not extend beyond a total of 36 months
of probation. The probation period for newly hired civilian employees
may not extend beyond a total of 18 months of probation. At the end
of the extension, the Sheriff may either award regular status or dismiss
the employee.
B.
A regular status employee may resign his position by informing the
Sheriff, in writing, of his need to leave and the reason(s) for leaving
his position. Whenever possible, employees shall give at least two
weeks' advance notice. If a regular status sworn or correctional
officer leaves in good standing and the resignation is accepted by
the Sheriff without prejudice, the Sheriff, within three years after
the date of resignation, may reinstate the sworn employee with credit
for previous time served for purposes of retirement benefits, if the
Sheriff determines that there is a need for the sworn employee's
service. This section is not applicable to individuals who have retired
from the Charles County Sheriff's Office merit system.
A.
The appointing authority may make transfers within the merit system
when necessary to attain maximum efficiency within the agency or when
the appointing authority deems such a transfer to be in the best interests
of the public or the agency.
B.
A regular status employee may request a transfer to a position at
a lower pay grade. Should the employee accept the position at the
lower pay grade, the employee will be considered to have taken a voluntary
demotion. The employee who takes a voluntary demotion enjoys no right
to retreat to the position with a higher pay grade.
Nothing in these sections shall be interpreted to abridge or
supersede any right granted any sworn employee under the Law Enforcement
Officers' Bill of Rights or any employee under federal or state
law.
A.
The tenure of every employee shall be conditioned on good behavior
and the satisfactory performance of the duties of his or her position.
Any employee may be temporarily separated by layoff or suspension
and regularly separated by dismissal.
B.
When necessary, due to a lack of work or funds, the Sheriff may designate
layoffs. Employees in the designated positions shall be laid off in
inverse order of their length of service and quality of service. Probationary
employees shall be laid off before regular employees.
C.
When an employee's work performance or conduct justifies disciplinary
action, the Sheriff may take any appropriate disciplinary action,
to include but not limited to suspending an employee with or without
pay, removing, demoting or dismissing an employee from his position
or take any lesser action he deems appropriate.
D.
Any act, activity, failure to act or perform the essential functions
of a position by any employee, by itself or in aggregate with past
occurrences, shall be grounds for disciplinary action.
All merit system employees shall have the right and opportunity
to be heard with respect to any punitive action taken against them
as set forth in the Sheriff's Administrative and Operational
Manual.
A.
The Sheriff shall establish a written pay plan for all employees
of the Office of the Sheriff.
B.
As part of the budget process each year, the Sheriff will submit
the proposed pay plan for the approval of the County Commissioners.
The pay plan funded shall be the Sheriff’s pay plan, except
that step increases for the Deputy Sheriffs are subject to collective
bargaining and must be appropriated by the County Commissioners.
[Amended 4-19-2016 by Bill No. 2016-02]
C.
The salaries of sworn employees, based upon rank and length of service,
shall correspond to the salary schedule of the Department of State
Police, including longevity steps. The pay plan will change in accordance
with any change in the Department of State Police salary pay schedule.
[Amended 4-19-2016 by Bill No. 2016-02]
E.
The pay plan for non-sworn employees will be developed by the Sheriff
to offer a range of pay commensurate with the duties and responsibilities
enumerated in the employee's position description. The Sheriff
may petition the County Commissioners to elevate such pay grades as
necessary to compensate for the higher level of security expected
of personnel in public safety positions and to compete with surrounding
jurisdictions to attract the specialized talents unique to the public
safety community.
Hours of work shall be as described in the employee's position
description as published in the administrative and operational manual
or work schedule or as assigned from time to time by the Sheriff.
Leave will be administered as published in the administrative and
operational manual.
A.
Merit system employees shall be selected without regard to political
considerations, except that political belief or affiliation subversive
to the laws of the State of Maryland and the United States of America
shall be disqualifying.
B.
There shall be no discrimination against any person seeking employment
or employed in the merit system based on the individual's age,
ancestry, color, creed, marital status, mental or physical disability,
national origin, race, religious affiliation, or sex. With the exception
that a personnel action may be taken with regard to age, sex, or disability
to the extent that age, sex, physical or mental qualification is required
by law or is a bona fide occupational qualification.
C.
Prior conviction of a felony crime involving loss of citizenship
shall be automatically disqualifying.
A.
Retirement for sworn law enforcement officers, correctional officers
and communications employees will be administered in accordance with
the Charles County Sheriff's Office Retirement Plan, amended
and restated effective July 1, 1995.
[Amended 1-10-2017 by
Bill No. 2016-08]
B.
Retirement for civilian employees will be administered in accordance
with the Charles County Government Employees' Retirement Plan.
The Sheriff, in coordination with the County Commissioners,
shall make any changes to the merit system he deems appropriate.
A.
Any proposed amendments to this article shall first be referred to
the Sheriff.
B.
The Sheriff shall review any proposed amendments and shall refer
the proposed amendments, along with the Sheriff's recommendations
to the Board of County Commissioners.
C.
The Board of County Commissioners upon receipt of proposed amendments:
(1)
May decide to adopt all or part of the proposed amendments or the
Sheriff's recommendations.
(2)
May decline to adopt the proposed amendments.
(3)
May decide to hold public hearings on the proposed amendments or
changes, provided that at least seven days' notice of the time
and place of such a hearing shall be published in a paper of general
circulation in the County.
(4)
Shall decide to reject or make the proposed amendment or change to
this article in accordance with the procedures governing the ordinance-making
powers of the Board of County Commissioners of Charles County.
