The objective of this Division A is to establish for Chesapeake Beach, 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 Division A.
The provisions of this Division A shall be known as, and can be cited as, the "Town of Chesapeake Beach Personnel Ordinance," or simply the "Personnel Ordinance." Whenever the language included in this Division A refers to the Personnel Ordinance, it shall be construed as referring to the provisions of this Division A, in their entirety.
A. 
Article 23A, Corporations-Municipal, § 2(b)(19), of the Annotated Code of Maryland, and §§ C-803 through C-806 of the Town Charter, authorize the Town to provide for a merit system regulating the appointment, removal and conditions of employment for all Town 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 Town to exercise prerogatives necessary to regulate the competent and efficient management and operation of Town government. These prerogatives shall include the authority to direct and assign the work of Town 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 not specifically enumerated above or elsewhere in this Division A, whether or not exercised prior to its effective date.
The Mayor, as the chief executive officer of the Town, 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 Town 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 Town, or the Mayor as the executive thereof, to engage contractors to execute any powers or responsibilities as set forth herein. The Mayor is authorized, but not required, to appoint a Director of Personnel. 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 Town 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 Town who do not work under any other sovereign authority or body politic and corporate. 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 was known as "Town Merit System Law of March 24, 1967."
The Town Council may, from time to time, amend, supplement, change, modify, or repeal any of these policies and procedures not inconsistent 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 Town Council.
A. 
All provisions of this Personnel Ordinance shall apply to all individuals employed by the Town prior to the effective date of this Division A, subject to the following conditions:
(1) 
Individuals employed by Chesapeake Beach, Maryland prior to the effective date of this Personnel Ordinance shall not have their current rate of compensation modified by the adoption of this Division A, but all future increases or decreases in the rate of compensation shall be in accordance with the terms of this Division A, including those employees who shall become "contract" employees as defined herein.
(2) 
Individuals employed by Chesapeake Beach, Maryland prior to the effective date of this Personnel Ordinance shall not have their accrued employee benefits modified by the adoption of this Division A, and all terms of service and benefit usage (duration of service, sick leave, annual leave) previously obtained or used by such employees shall apply to those provisions of this Division A which consider term of service. The measuring periods for starting dates, and leave days used, medical insurance qualification periods, or other measuring devices for the accrual of benefits shall be on a fiscal-year basis consistent with the terms of this Division A. If, prior to the effective date of this Division A, the measuring period for any such benefits was on anything other than a fiscal-year basis, the unused benefits shall be carried forward to apply as "carryover" benefits, and which shall added to any carryover maximum for the first year of employment pursuant to this Division A. If there is a period between the effective date of this Division A and the beginning of the next fiscal year, that period shall vest benefits for employees according to the terms of this Division A on a pro-rata basis for the applicable percentage that period represents in relation to a full year. Any additional benefits granted by this Division A which were not granted to employees prior to the effective date of this Division A shall be measured based upon the facts which existed for each employee prior to the effective date of this Division A.
(3) 
Individuals employed by Chesapeake Beach, Maryland prior to the effective date of this Personnel Ordinance shall not be required to serve a probationary period.
(4) 
All claims or controversies regarding workers' compensation benefits, health insurance benefits, and retirement benefits, if any, for individuals employed by Chesapeake Beach, Maryland prior to the effective date of this Personnel Ordinance shall not be affected by the adoption of this Division A.
(5) 
All materials included in the employee file(s) for individuals employed by Chesapeake Beach, Maryland prior to the effective date of this Personnel Ordinance shall continue to be included in such files, and may be considered as a basis for review, documentation, discipline, merit increases, or any other use for which such information can be used under the terms of this Personnel Ordinance.
(6) 
All facts and incidents of employment, including absences and attendance records, prior discipline, prior warnings, and prior evaluations for individuals employed by Chesapeake Beach, Maryland prior to the effective date of this Personnel Ordinance shall be carried forward and may continue to be utilized and considered for such further reviews, discipline, and merit increases.
(7) 
All individuals employed by Chesapeake Beach, Maryland prior to the effective date of this Personnel Ordinance shall be given a copy of this Division A for review upon its introduction to Town Council, and if any modifications are made prior to adoption, those provisions modified shall also be provided to such individuals. All employees shall be notified by the Mayor of the passage and effective date of this Division A.
(8) 
If any individuals employed by Chesapeake Beach, Maryland prior to the effective date of this Personnel Ordinance shall have any objections, claims, protests or other disputes with the Town due to the adoption of this Personnel Ordinance, such employees are granted a one-time opportunity to present such objections, claims, protests or disputes to the Grievance Board, and the Grievance Board is given a one-time opportunity to hear such matters, notwithstanding any other provision of this Division A which would otherwise limit the subject matter of such grievances, so long as the employee initiates the grievance procedure provided herein within 60 days after the effective date of this Division A.
B. 
All individuals who have applied for a position of employment but who have not been granted a position of employment prior to the effective date of this Division A shall be subject to the terms of this Division A.