The Council shall establish by law a system of personnel administration.
This system shall provide means to recruit, select, develop, and maintain
an effective and responsive work force, and shall include policies
and procedures for employee hiring and advancement, training and career
development, job classification, salary administration, retirement,
fringe benefits, discipline, discharge, and other related activities.
All appointments and promotions in the County service shall be made
without regard to sex, race, religion, or political affiliation, and
shall be based on merit and fitness.
[Amended by Bill Nos. 82-47; 96-37; 12-34; 14-18]
County positions shall be either in the classified or the exempt
services. The exempt service shall consist of:
(1)
Elected officials;
(2)
Members of boards and commissions;
(3)
The Director of Administration;
(4)
The heads of the departments in the Executive Branch;
(5)
The Council Administrator;
(6)
One clerk or secretary for each of the following officers: the County
Executive, the Director of Administration, and the head of each department
appointed by the County Executive;
(7)
Temporary or seasonal employees;
(8)
Employees required to be covered by the state merit system;
(9)
The Council Attorney;
(10)
Legislative Aides in the Legislative Branch;
(11)
The County Auditor; and
(12)
The deputy directors in each department of the Executive Branch.
(13)
Chief of staff.
Salaries and wages of both classified and exempt service employees
shall be determined in accordance with established classification
and salary plans. For such plans to become effective, they shall be
submitted by the County Executive to the Council for legislative action
thereon. If the Council fails to take final action upon a salary plan
within sixty calendar days of its submission to the Council by the
County Executive, then such plan shall stand approved.
The Personnel Law of the County shall include, but not be limited
to, provisions for the preparation and establishment of:
(1)
A position classification plan;
(2)
Pay plans;
(3)
A plan for the recruitment of capable persons;
(4)
The construction, maintenance, and expiration of eligibility lists;
(5)
Certification and appointment procedures;
(6)
Probationary requirements;
(7)
Promotion, transfer, and separation procedures;
(8)
Disciplinary procedures;
(9)
Training and career development plans;
(10)
Grievance procedures;
(11)
A schedule of work hours;
(12)
A plan for sick leave, vacation, and other fringe benefits;
(13)
Special rules relating to public safety; and
(14)
Plans for the maintenance of personnel records.
The Personnel Officer shall be responsible for administration
of the personnel policies established by this Charter or by law and
shall be appointed solely on the basis of knowledge and experience
in personnel management and administration.
There shall be a Personnel Advisory Board consisting of three
qualified voters of the County, not more than two of whom shall be
of the same political party. Members of the Personnel Advisory Board
shall be appointed by the County Executive for terms coterminous with
the Executive's and confirmed by the Council. Vacancies shall be filled
for the unexpired term in the manner of original appointment. Each
member shall serve until a successor is appointed and qualified. A
member of the Board may be removed only for cause by the County Executive
subject to approval by the Council. The County Executive shall designate
a member of the Board as chair.
The Personnel Advisory Board shall have the power and duty:
(1)
To recommend to the County Executive for transmission to the Council,
personnel rules and regulation which shall have the force of law upon
adoption by the Council;
(2)
To hear appeals from employees in the classified service or appeals
by any person who has taken or sought to take an examination concerning
any action of the Personnel Officer or the appointing authority of
the employee. After a hearing, which shall be public if so requested
by the aggrieved employee, the Personnel Advisory Board may issue
such order as it finds proper by the facts presented in the case.
All data pertinent to the decision shall be subject to the scrutiny
of the aggrieved party or the party's attorney;
(3)
To hear and decide for the County, appeals from any action pertaining
to the methods of examination, certification, or preparation of eligibility
lists for appointment or promotion;
(4)
To advise and consult, as appropriate, with County officials on matters
concerning the administration of the County career service and personnel
rules and regulations and to report to the County Executive and the
Council on the operation of the personnel system; and
(5)
To carry out such other functions as may be assigned by law. In case
of any appeal to the Personnel Advisory Board, its decision shall
be final on all parties concerned.
[Amended by Bill No. 82-48]
Participating in politics or political campaigns and the free
expression of political opinions by employees of the County shall
not be prohibited, and each employee shall retain all rights and obligations
of citizenship provided in the Constitution and laws of the State
of Maryland and in the Constitution and laws of the United States
of America, except as may be provided by law.
