[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
Article I Health Officer
Article II Emergency Medical Services Collective Bargaining
[Adopted by the Board of County Commissioners (now County Council) 11-23-1981]
Whenever a vacancy occurs or is about to occur in the position of the Cecil County Health Officer, the following procedures shall be followed for nominating an individual as the Cecil County Health Officer to the Secretary of Health and Mental Hygiene of the State of Maryland:
As soon as possible upon a vacancy or as early as reasonably prudent prior thereto upon advance notice of a vacancy, the County shall diligently recruit to fill the vacancy according to regular County policy in regard to filling employee vacancies. In addition to the standard procedures for recruitment of employees in the County, the County may advertise in professional journals and publications outside of Cecil County and conduct personal interviews or may designate someone else to conduct such personal interviews in its stead.
All applications for the position shall show, at least, that the applicant meets the basic requirements under state law for the position.
After advertising as necessary and conducting such interviews as it shall determine to be sufficient, the County will submit the name of the applicant to the State Secretary of Health and Mental Hygiene as its nominee.
The County Health Officer serves at the pleasure of the County Executive and the State Secretary of Health and Mental Hygiene and may only be removed with the concurrence of both the County Executive and the State Secretary.
Each year, prior to July 1, a performance evaluation of the County Health Officer for the preceding twelve-month period shall be completed in writing by the County Executive, using a standard Cecil County Personnel Office form, including the employee evaluation form which is applicable to department heads. The County Executive shall then review its evaluation with the County Health Officer.
[Adopted 2010, Ch. 602, § 1 (Ch. 15, § 15-13, of the 1990 Code of Public Local Laws)]
As used in this article, the following terms shall have the meanings indicated:
- A. To meet in good faith at reasonable times to attempt to negotiate an agreement concerning subjects of bargaining authorized by law.
- B. Does not include a meeting in which only representatives of the Cecil County Council are in attendance or a meeting in which only representatives of the exclusive representative are in attendance.
- A regular, nonexempt, uniformed employee within the Cecil County Division of Emergency Medical Services at the rank of captain or below.
- EMPLOYEE ORGANIZATION
- An organization of employees that, as one of its primary purposes, represents employees in collective bargaining with the employer.
- EXCLUSIVE REPRESENTATIVE
- The employee organization that has been certified through an election by eligible employees or otherwise recognized by the Cecil County Council to represent and negotiate for those employees with the Cecil County Council terms and conditions of employment.
The Cecil County Council may enact an ordinance to:
Authorize recognition of an exclusive representative by election or voluntary recognition through a check of authorization cards at the County's option and provide a process for such authorization;
Authorize withdrawal of recognition of an exclusive representative based on circumstances specified in the ordinance and provide a process for the withdrawal;
Allow collective bargaining between Cecil County and the exclusive representative of its employees concerning terms and conditions of employment, and a process to resolve disagreements concerning the interpretation of any agreement made between the exclusive representative and the County;
Set forth the subjects of collective bargaining and the rights reserved by the County from those subjects;
Set forth the time frames of the collective bargaining process;
Provide rules of conduct for collective bargaining; and
Provide a process and remedies for violations of established rules.
Once authorized by an ordinance, collective bargaining between the County and the exclusive representative shall include a memorandum of understanding concerning the agreements made as a result of bargaining.
Subject to an annual exercise of authority concerning fiscal procedures in state law or County ordinance, a memorandum of understanding between the County and an exclusive representative shall be binding between Cecil County and an exclusive representative.
Cecil County may retain or designate individuals to negotiate on its behalf with the exclusive representative.
This article does not:
Authorize or otherwise permit an employee to engage in a strike as defined in § 3-303 of the State Personnel and Pensions Article of the Annotated Code of Maryland;
Authorize or otherwise permit the County to engage in a lockout as defined in § 3-304 of the State Personnel and Pensions Article of the Annotated Code of Maryland;
Require any method, means, or scope of bargaining between Cecil County and an exclusive representative;
Authorize binding interest arbitration; and
Authorize the collection of mandatory membership fees from nonmembers of the employee organization.