[[1]HISTORY: Adopted by the City Council of the City of New
Carrollton as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor's Note: The title of this chapter was changed from
"Personnel Policies" to "Personnel" 11-18-2020 by Ord. No. 21-03.
[Adopted 9-17-2014 by Ord. No. 15-02[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 23,
Personnel Policies, comprised of Art. I, Grievances, adopted 4-16-1975
as Ch. 25 of the 1975 Code.
The purpose of this article is to establish for the City of
New Carrollton, Maryland, a system of personnel administration governing
the appointment, promotion, transfer, layoff, removal, discipline,
and welfare of its employees; an employment contract is neither expressed
nor implied by the contents of this article.
The provisions of this article shall be known as, and can be
cited as, the "City of New Carrollton Personnel Ordinance," or simply
the "Personnel Ordinance." Whenever the language included in this
article refers to the Personnel Ordinance, it shall be construed as
referring to the provisions of this article, in its entirety.
A.
Maryland Local Government Code Ann., § 5-206 "Legislative
authority -- Officers and employees," and the Charter of the City
(§ C-11) authorize the City to provide for a merit system
regulating the appointment, removal and conditions of employment for
all City officers and employees not elected or appointed under the
Maryland Constitution, public general or public local laws of the
State of Maryland.
B.
This Personnel Ordinance does not limit the authority of the City
to exercise prerogatives necessary to regulate the competent and efficient
management and operation of City government. These prerogatives shall
include the authority to direct and assign the work of City employees,
including but not limited to the authority to appoint, promote, transfer,
and reassign. Such prerogative shall not be construed as an exclusive
enumeration nor as a waiver of any authority not specifically enumerated
above or elsewhere in this article, whether or not exercised prior
to its effective date.
The Mayor, as the Chief Executive Officer of the City, is granted
the authority to execute, interpret, and enforce all provisions of
this Personnel Ordinance. As part of any current or future departmentalization
of the City government, the Mayor is authorized to delegate any such
powers as he shall deem necessary or expedient to department heads,
or specific staff. Nothing in this Personnel Ordinance shall limit
the authority of the City, or the Mayor as the executive thereof,
to engage contractors to execute any powers or responsibilities as
set forth herein. Unless the Mayor appoints another person to fulfill
the role, the Mayor shall automatically be considered the department
head of all employees who work in City Hall or who otherwise work
in or for the Office of the Mayor.
The scope of this Personnel Ordinance includes statements of
policies and procedures which govern personnel administration for
all employees compensated by the City. This Personnel Ordinance does
not contain all terms and conditions of employment and is not to be
interpreted as a contract or as the full scope of the employment relationship.
This Personnel Ordinance does replace, in their entirety, any and
all employment policies adopted by prior ordinance, which were known
as "Personnel Policies."
The City Council shall:
A.
Adopt by resolution personnel policies and procedures in conformity
with and in furtherance of this article, the City Charter and federal
and state law.
B.
Approve, establish, modify or abolish all positions or classes of
positions; provided that, in connection with the adoption of the annual
budget for the City, the Council shall approve all proposed positions.
C.
Approve, establish or modify all salary schedules for classes of
positions. The compensation plan shall take effect either by ordinance
of the Council or by adoption as part of the annual budget of the
City.
D.
From time to time, amend, supplement, change, modify, or repeal any
of these policies and procedures not consistent with the provisions
of the Annotated Code of Maryland. Changes in job titles and classification
and changes in the authorized staffing level shall not be considered
amendments to the Personnel Ordinance and need not be done by a resolution
or ordinance of the City Council.
[Adopted 11-18-2020 by Ord. No. 21-03]
A.
Title of article. This article shall herein be referred to as the
"Labor Code of the City of New Carrollton, Maryland," or "Labor Code."
B.
Legislative findings. It is the public policy of the Mayor and City
Council and the purpose of this Labor Code to promote a fair, harmonious,
peaceful and cooperative relationship between the management of the
City and those employees of the City Police Department who are covered
by this Labor Code and to safeguard the public by assuring the responsive,
orderly, efficient and continuous operation of the Department.
C.
Purpose. Pursuant to the authority set forth in the Charter of the
City of New Carrollton, which authorizes the Mayor and City Council
to enact by ordinance or amendment a system of rules and regulations
to govern the process, the Mayor and City Council enact this article
for the following purposes:
(1)
To provide procedures for nonmanagerial sworn police officers holding
the rank of Sergeant or below to participate in the formulation and
implementation of policies establishing or affecting their conditions
of employment;
(2)
To recognize the right of said employees to organize for the purpose
of collective bargaining;
(3)
To provide a means by which said employees may select a collective
bargaining representative;
(4)
To require the City's Administrative Officer or his or her designee
to meet and confer with the collective bargaining representative(s)
of said employees and to negotiate and enter into written agreements
on certain matters of wages, hours and other terms and conditions
of employment, subject to ratification by the employees in the bargaining
unit and the Mayor and City Council; and
(5)
To establish a method of dispute resolution.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
All sworn police officers of the City assigned to the City
Police Department holding the rank of Sergeant or below, excluding
managerial employees and confidential employees.
Any sworn police officers who hold the rank of Sergeant or
below who assist in a confidential capacity; persons who formulate,
determine and effectuate management policies in the field of personnel
and labor relations.
A person employed by the City Police Department who is classified
as a police officer, who has completed the initial entrance training
for certification as a sworn police officer, and holds the rank of
Sergeant or below. This definition and this Labor Code shall in no
way serve to modify any personnel policy of the City relative to probationary
period or the Law Enforcement Officers' Bill of Rights.[1]
Any lawful organization that admits sworn police officers
to membership, the primary purpose of which is to represent sworn
police officers concerning wages, terms and conditions of employment,
provided that the term "employee organization" shall not be defined
to include any organization that discriminates on the basis of race,
color, sex, creed or national origin, with regard to the acquisition
or retention of membership or in accepting or advancing members in
any training, apprenticeship or employment program.
The Mayor and City Council of New Carrollton, Maryland.
A dispute concerning the application or interpretation of
the terms of a collective bargaining agreement between an employee
organization and the employer.
The Labor Board shall consist of the City Administrative
Officer, the Human Resources Officer, and a representative of the
bargaining unit who is not part of the collective bargaining process,
appointed by the Mayor from a list of nominees submitted by the Police
Chief.
A lockout is a temporary work stoppage or denial of employment
during a labor dispute initiated by the City.
An employee of the City assigned to the City Police Department
who has the authority to exercise independent judgment in the interest
of the employer to recommend the hire, transfer, suspend, layoff,
recall, and to promote other employees; who has the responsibility
to direct them or adjust their grievances, or effectively to recommend
such action; if, in connection with the foregoing, the exercise of
such authority is not of a routine or clerical nature but requires
the use of independent judgment, including, but not limited to, those
employees who are sworn police officers of the rank of Lieutenant
or higher, but not including those employees who are sworn police
officers of the rank of Sergeant or lower.
The failure to report for duty, 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 for the purpose
of inducing, influencing, coercing or preventing a change in compensation
or rights, privileges, obligations or other terms and conditions of
employment, whether by concerted or individual action.
All wages, benefits and other matters relating to the employment
of employees in the bargaining unit, including, but not limited to,
holidays, retirement, medical benefits and coverage, sick leave, paid
and unpaid leave, military leave, overtime, allowances, equipment,
and training.
[1]
Editor's Note: See § 3-101 et seq. of the Public
Safety Article of the Annotated Code of Maryland.
A.
There shall be a Labor Commissioner who shall exercise the authority
and perform the functions assigned pursuant to this Labor Code. The
Labor Commissioner shall be appointed by the Mayor in consultation
with the bargaining unit, and shall be confirmed by the City Council.
The Labor Commissioner may be compensated by the City.
B.
The Labor Commissioner shall be appointed for specific matters as
they arise under this code. The Labor Commissioner can be selected
from the New Carrollton community, Prince George's County or
from a list of individuals supplied by the American Arbitration Association
in response to a joint letter from the City and the exclusive representative.
The selected individual and the list shall be comprised of individuals
with prior work experience in labor law and labor relations matters
who reside in Maryland, the District of Columbia or Virginia. The
City and the exclusive representative shall confer within 10 days
of receipt of the list; if they are unable to agree on an individual,
they shall alternately strike names from the list until one person
remains, and that person shall serve as Labor Commissioner for the
specific matter. The costs of the Labor Commissioner shall be paid
by the City. The Labor Commissioner shall not serve in any other appointed
City position nor shall the Labor Commissioner be employed by the
City.
C.
The Labor Commissioner appointed for a specific matter shall have
the following authority with respect to that matter:
(1)
Administration.
(a)
The Labor Commissioner shall be charged with the interpretation
of the Labor Code and shall be further authorized to make any rules
and regulations as may be necessary or proper to effectuate the purposes
and intent of the Labor Code.
(b)
The Labor Commissioner may appoint a representative or representatives
to perform investigative, administrative, ministerial, procedural
or other tasks associated with the duties assigned pursuant to this
section, as approved by the Mayor.
(2)
Representation.
(a)
To grant and revoke certification per the provisions of § 23-16 of any employee organization as the exclusive bargaining representative of employees in the bargaining unit;
(b)
To supervise the conduct of representation elections; and
(c)
To determine the appropriateness of the employee organizations.
(3)
Unfair labor practices. Investigation and adjudication of unfair
labor practice charges and determination of remedies for unfair labor
practices in accordance with the procedures and intent of this Labor
Code.
D.
Decisions of the Labor Commissioner shall be in writing. Any party
aggrieved by a decision of the Labor Commissioner may file an appeal
to the Labor Board within 30 days of the issuance of the Labor Commissioner's
decision. The decision of the labor board shall be final, subject
only to judicial review. In the event that there shall be a the vote,
then the decision of the Labor Commissioner shall be upheld.
A.
Employees shall have the right of self-organization; to form, join,
or assist employee organizations; and to bargain collectively through
representatives of their own choosing on terms and conditions of employment.
Employees shall also have the right to refrain from any or all such
activities.
B.
Employees shall be free from retaliation for the exercise of any
rights set forth herein, or for participating in any proceeding established
pursuant to this Labor Code.
C.
Nothing in this Labor Code shall prohibit an employee from presenting,
discussing or resolving any grievance directly with the employer per
established City policy and without the intervention of the employee
organization that represents the bargaining unit, provided that any
adjustment of the grievance made shall not be inconsistent with the
terms of any applicable collective bargaining agreement. Employees
choosing this path should not be able to utilize any other grievance
procedure contained herein.
A.
The employer shall have the following rights:
(1)
To determine the budget of the City and the City Police Department,
including all financial obligations and expenditures, and to exercise
its taxing authority as provided for by the City Charter;
(2)
To determine the ways and means to allocate funds to its various
departments and projects;
(3)
To establish methods and procedures for fulfilling its mission;
(4)
To determine how and when to deploy its personnel;
(5)
To establish, suspend, relocate or discontinue operations, facilities,
stations, operations, services and to reduce personnel;
(6)
To determine the way personnel will be used to effectuate the mission
to ensure the public safety;
(7)
To adopt reasonable rules, regulations, policies and general orders
pertaining to the Department's purpose, operation, techniques,
efficiency and management which are not inconsistent with the terms
of the collective bargaining agreement, provided that during negotiations
for a collective bargaining agreement, the exclusive representative
and the City shall have the right to discuss rules, regulations, policies
and general orders;
(8)
To determine staffing, including, but not limited to, the use of
full- and part-time police officers, police officer candidates, cadets,
auxiliary, or reserve police, and the number of such staff;
(9)
To suspend, demote, discharge or take disciplinary action against
employees with just cause and subject to the provisions of the Law
Enforcement Officers' Bill of Rights[1] or any amendment or successor thereto; and
[1]
Editor's Note: See § 3-101 et seq. of the Public
Safety Article of the Annotated Code of Maryland.
B.
The employer shall not enter into or become bound by any collective
bargaining agreement pursuant to this Labor Code that contains terms
that infringe upon or limit the rights set forth in this section.
The Employee Relations Board, in determining a grievance under a collective
bargaining agreement, shall not have the authority to add to, alter,
amend, delete, modify or infringe upon any of the rights set forth
in this section.
A.
Bargaining in good faith. Upon certification of an employee organization by the Labor Commissioner, the employer and the employee organization shall have the duty, through officials or their designated representatives, to negotiate collectively and in good faith with respect to the subjects of bargaining enumerated in this section and to reduce to writing the matters agreed upon as a result of such negotiations subject to the limitations contained in § 23-14A and B.
B.
Employer/employee organization representative.
(1)
The City Administrative Officer shall appoint the employer's
representative or representatives for the purpose of conducting any
bargaining with a certified employee organization.
(2)
The employee organization shall appoint a representative or representatives
who may or may not be president of the employee organization for the
purpose of conducting any bargaining with the employer.
C.
Subjects of bargaining. The employer and employee organization may
bargain collectively and reach agreement on the following subjects
of bargaining:
D.
Scope of bargaining. The employer shall not enter into, or be bound by, any collective bargaining agreement, amendment thereto or other agreement that covers a subject of bargaining not specifically enumerated in this section, or which alters, amends, deletes, modifies or infringes upon any of the employer rights enumerated in § 23-14.
A.
Certification of representative. No collective bargaining agreement
shall be valid or enforceable unless it is between the employer and
an employee organization that is certified by the Labor Commissioner
as the exclusive bargaining representative for employees in the bargaining
unit.
B.
The employee organization has been selected or designated by a majority
of employees in the bargaining unit.
C.
Procedure.
(1)
Certification election. An employee organization seeking exclusive
bargaining representative status for employees in the bargaining unit
shall file a petition with the Labor Commissioner accompanied by evidence
that at least 30% of the employees in the bargaining unit have designated
the employee organization as their exclusive bargaining representative.
A petition may not be accepted by the Labor Commissioner unless filed
by the employee organization during the month of September; provided,
however, that in 2020 the employee organization shall have the right
to file a petition anytime up to and including June 30, 2021. Within
30 days of filing a petition for certification, the Labor Commissioner
shall conduct a secret ballot election. If the results of the secret
ballot election establish that a majority of those bargaining unit
employees voting in the election designate the petitioning employee
organization as their exclusive bargaining representative, then the
Labor Commissioner shall certify the employee organization as the
exclusive bargaining representative and shall authorize the employer
to bargain collectively with the employee organization.
(2)
Voluntary recognition. The employer reserves the right to voluntarily
recognize an employee organization as representative of the employees
so long as the employer is satisfied that such organization represents
more than 50% of the police officers of the rank of Sergeant and below.
Evidence of such can either be by provision of a letter from the bargaining
organization or certificates with the signatures of at least 51% of
the police officers that are covered by this Labor Code.
(3)
Decertification election. Any employee seeking to terminate the certification
of an employee organization as the exclusive bargaining representative
of employees in the bargaining unit may file a petition with the Labor
Commissioner accompanied by evidence that at least 30% of the employees
in the bargaining unit have expressed their desire to remove the employee
organization as their exclusive bargaining representative. A petition
may not be accepted by the Labor Commissioner unless filed during
the month of September. Within 30 days of the filing of a petition
for decertification, the Labor Commissioner shall conduct a secret
ballot election. If the results of the secret ballot election establish
that a majority of those employees in the bargaining unit no longer
wish to have the employee organization as their exclusive bargaining
representative, then the Labor Commissioner shall decertify the employee
organization as the exclusive bargaining representative of the employees
in the petitioned-for unit.
(4)
No election under this section may be conducted more frequently than
once every 24 months.
A.
Employer unfair labor practices. It shall be an unfair labor practice
for the employer by and through its officers, agents and representatives
to engage in the following conduct:
(1)
Interfere with, restrain or coerce employees in the exercise of their
rights guaranteed under this Labor Code;
(2)
Discriminate in regard to hire or tenure of employment or any term
or condition of employment to encourage or discourage membership in
any employee organization;
(3)
Directly or indirectly cause, instigate, encourage, condone, initiate,
sponsor, support, direct or engage in any lockout;
(4)
Fail or refuse to negotiate in good faith with a certified employee
organization;
(5)
Retaliate against an employee because of that employee's exercise
of rights guaranteed under this Labor Code; or
(6)
Control or dominate an employee organization or contribute financial
or other support to it.
B.
Employee organization unfair labor practices. It shall be an unfair
labor practice for an employee organization by and through its officers,
agents and representatives to engage in the following conduct:
(1)
Interfere with, restrain or coerce employees in the exercise of their
rights guaranteed under this Labor Code;
(2)
Induce the employer or its representatives to commit any unfair labor
practice or interfere with the employer's choice of bargaining
representative;
(3)
Directly or indirectly cause, instigate, encourage, condone, initiate,
sponsor, support, direct or engage in any strike;
(4)
Fail or refuse to negotiate in good faith with the employer; or
(5)
Retaliate against an employee because of that employee's exercise
of rights guaranteed under this Labor Code.
C.
Procedure.
(1)
Charge and evidentiary hearing. In the event that a claim is made
that an unfair labor practice has been committed by either the employer
or the employee organization, the complaining party shall file with
the Labor Commissioner a verified complaint setting forth a detailed
statement of the alleged unfair labor practice no later than 30 days
after the date of the alleged unfair labor practice, the party complained
of shall have the right to file an answer to the complaint within
five days after service thereof. After investigation, the Labor Commissioner
may issue an order dismissing the complaint, order a further investigation,
or schedule an evidentiary hearing thereon at a designated time and
place, any such hearing shall be conducted without regard for the
strict rules of evidence and a transcript of testimony shall be taken.
The Labor Commissioner may designate a neutral fact finder to conduct
the hearing and issue recommended findings of fact and conclusions
of law.
(2)
Determination. If, at the conclusion of all testimony, or upon consideration
of the neutral fact finder's recommended findings of fact and
conclusions of law, the Labor Commissioner determines that an unfair
labor practice has been committed, the Labor Commissioner shall state
his/her findings and shall issue and cause to be served upon the party
committing the unfair labor practice an order requiring the party
to cease and desist from such practice within a specified period and
shall take such further affirmative action as will comply with the
provisions of this Labor Code. If, upon all the testimony, the Labor
Commissioner determines that a prohibited practice has not been or
is not being committed, he/she shall state a finding of fact and shall
issue an order dismissing the complaint.
(3)
Procedure in the event of a strike or lockout. Nothing in this Labor
Code shall prohibit or impede the employer or a certified employee
organization from using all available lawful means to end a strike
or lockout, including the initiation of legal proceedings to enjoin
the strike or lockout.
(4)
Mediation. Nothing in this section shall prohibit the Labor Commissioner
from personally conducting mediation to resolve unfair labor practice
issues.
A.
Purpose. The services performed by employees are essential to the
public safety. Accordingly, strikes and lockouts are prohibited.
B.
No lockouts. The employer shall not, either directly or indirectly,
cause, instigate, encourage, condone, initiate, sponsor, support,
direct or engage in any lockout.
C.
No strike by employees. No employee shall either directly or indirectly
cause, instigate, encourage, condone, initiate, sponsor, support,
direct or engage in any strike. Any such conduct by an employee shall
be subject to immediate discipline in accordance with the Law Enforcement
Officers' Bill of Rights,[1] and/or any successor thereto, without recourse to the
grievance procedure contained in an applicable collective bargaining
agreement.
[1]
Editor's Note: See § 3-101 et seq. of the Public
Safety Article of the Annotated Code of Maryland.
D.
No strike by employee organization. No employee organization shall
either directly or indirectly cause, instigate, encourage, condone,
initiate, sponsor, support, direct or engage in any strike. If any
employee organization violates this provision, its certification as
the exclusive representative, if any, shall be revoked and the employee
organization shall thereafter be ineligible to participate in procedures
under this Labor Code to become and/or remain the exclusive representative
of employees of the employer for a period of not less than three years.
E.
Other remedies. The employer, employees and employee organizations
shall have the right to pursue legal and equitable remedies in the
appropriate courts, in the event of a violation of this section, at
the expense of whoever initiates such legal action. The prevailing
party may seek reimbursement of funds expended for its cause.
A.
Dues check off. When an employee organization has been certified
as the exclusive representative of the employees in the bargaining
unit, it shall be the only employee organization eligible to obtain
an agreement from the employer to deduct dues or service fees designated
or certified by the appropriate officer of the employee organization
from the pay of those employees in the unit who provide written, signed
and dated authorization, and to remit said dues to the employee organization
without cost, subject only to check reissue fees. All authorizations
shall be irrevocable for a period of one year and shall be automatically
renewable from year to year unless written notice of termination by
the employee is received by the employer at any time after the first
anniversary of the original authorization.
B.
Indemnification. The employer shall not have the authority to enter
into a collective bargaining agreement that authorizes the deduction
of dues from pay unless the agreement contains a provision whereby
the employee organization agrees to indemnify the employer for any
and all claims arising out of the deduction of dues and/or fees pursuant
to this section.
C.
No compulsory union membership. No agreement between the employer
and an employee organization shall compel any employee to become and
remain a member of the employee organization and/or pay dues.
Solicitation of members and dues, and other internal employee
organization business, shall be conducted only during the nonduty
hours of the employees concerned. Employer-requested or -approved
consultations and meetings between management officials and representatives
of the recognized employee organization shall, whenever practicable,
be conducted on official time. Negotiations between the employer and
designated members of the employee organization for the purpose of
negotiating a collective bargaining agreement shall be conducted during
work hours.
All collective bargaining agreements between the employer and
employee organization shall contain a grievance procedure that includes
a provision for binding decision as to disputes concerning the terms
of the collective bargaining agreement or a claimed violation of such
by a professional arbitrator who is a member of the National Academy
of Arbitrators and appointed through the American Arbitration Association.
A.
Time line (time line to be set to accommodate budget schedule). Regardless
of the date upon which certification is issued to the employee organization,
negotiations for the first collective bargaining agreement and any
renewal agreement shall commence by no later than December 1 and be
completed on or before the last workday in February. Any memorandum
of understanding reached as a result of such negotiations shall become
effective July 1 of the year following such negotiations. Any such
memorandum of understanding shall be presented to the Mayor and City
Council for its approval at its first regular meeting in April in
order that sufficient time shall exist to implement same at the commencement
of the next fiscal year on July 1.
B.
Impasse procedure. If after a reasonable period of negotiation over
the terms of a memorandum of understanding a dispute exists between
the employer and the certified employee organization, or if no understanding
has been reached within a reasonable period of time, but not later
than the last workday in February, it shall be deemed that an impasse
has been reached, at which time the matters in dispute shall be presented
jointly by the parties, in writing, to the Mayor and City Council
for hearing and resolution.
C.
Hearing procedure.
(1)
The Mayor and City Council shall hold a hearing on all disputed issues
within 30 days of the presentation of the dispute, and it shall issue
its final decision within 30 days of the conclusion of the hearing.
The decision of the Mayor and City Council shall be final and binding
upon the City Administrative Officer and the employee organization
and shall be rendered at least 40 days before the beginning of the
fiscal year. The decision of the Mayor and City Council shall be in
writing and a copy shall be served on the City Administrative Officer
and employee organization at the time the Mayor and City Council issues
a final decision.
(2)
The Mayor and City Council shall establish the date, time, and place
of all hearings, administer oaths, issue subpoenas to compel the attendance
of witnesses to appear, and issue subpoenas duces tecum to compel
the production of documents and other tangible evidence.
(3)
In reaching its decision, the Mayor and City Council may take into
consideration any factors it considers significant to reaching the
determination, including, but not limited to, the following factors:
(a)
Wages, benefits and other working conditions of other local
government employees employed in public safety bargaining units in
other municipal or county agencies of a similar size and demographics;
(b)
The value of other benefits available to or received by City
employees;
(c)
Cost-of-living information; or
(d)
The availability of funds.
D.
Mediation. Nothing herein contained shall be construed as prohibiting
the Mayor and City Council from mediating the dispute at any time
prior to the issuance of its final and binding decision.
