[Adopted 9-17-2014 by Ord. No. 15-02]
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.
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."
[Adopted 11-18-2020 by Ord. No. 21-03]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
BARGAINING UNIT
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.
CONFIDENTIAL EMPLOYEE
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.
EMPLOYEE
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.
EMPLOYEE ORGANIZATION
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.
EMPLOYER
The Mayor and City Council of New Carrollton, Maryland.
GRIEVANCE
A dispute concerning the application or interpretation of
the terms of a collective bargaining agreement between an employee
organization and the employer.
LABOR BOARD
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.
LOCKOUT
A lockout is a temporary work stoppage or denial of employment
during a labor dispute initiated by the City.
MANAGERIAL EMPLOYEE
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.
STRIKE
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.
TERMS AND CONDITIONS OF EMPLOYMENT
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.
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.