[Amended 9-27-1983 by Res. No. 1983-36; 9-12-2017 by Res. No. R-17-54]
The Mayor and Council shall appoint a city attorney. The city
attorney shall be a member of the bar of the Maryland Court of Appeals.
The city attorney is the legal adviser of the city and shall perform
such duties in this connection as may be required by the Mayor and
Council. Compensation shall be determined by the Council. The city
has the power to employ such legal consultants, as it deems necessary
from time to time.
The city may employ such officers and employees as it deems
necessary to execute the powers and duties provided by this charter
or other State law and to operate the city government. The council
shall authorize all positions for which persons may be hired.
[Added 11-8-2016 by referendum]
Non-management employees of the Police and Fire Departments
of the City of Hagerstown shall be entitled to designate a union to
act as their exclusive representative and to engage in collective
bargaining with the City regarding wages, benefits, and working conditions.
The City Council shall provide by ordinance for binding arbitration
with the exclusive representatives in order to resolve labor disputes.
The ordinance shall provide for the appointment of a neutral arbitrator,
the factors that should be considered by the arbitrator, and the procedures
for implementing the arbitrator's decision when passing or amending
the City's budget. Any ordinance that is enacted shall prohibit strikes
or work stoppages by the represented employees.
The council may provide for appointments and promotions in the
administrative service on the basis of merit and fitness. To carry
out this purpose the council may adopt such rules and regulations
governing the operation of merit system as it deems desirable or necessary.
Among other things these rules and regulations may provide for competitive
examinations, the use of eligible lists, a classification plan, a
compensation plan, a probation period, appeals by employees included
within the classified service from dismissal or other disciplinary
action, and vacation and sick leave regulations. The council may request
and avail itself of the facilities of the Commissioner of State Personnel
for administration of its merit system, as provided in State law.
a.
Civil service divided into unclassified and classified service. -
The civil service of the city shall be divided into the unclassified
and classified service.
b.
Unclassified service. - The unclassified service shall comprise the
following officers and positions, which shall not be included within
the classified merit system:
c.
Classified service. - The classified service shall comprise all positions
not specifically included by this section in the unclassified service.
All offices and positions included in the classified service shall
be subject to any merit system rules and regulations which may be
adopted.
a.
Prohibitions. - If a merit system is adopted, no person in the classified
service of the city or seeking admission thereto shall be appointed,
promoted, demoted, removed, or in any way favored or discriminated
against because of political opinions or affiliations or any other
factors not related to ability to perform the work; no person shall
willfully or corruptly commit or attempt to commit any fraud preventing
the impartial execution of the personnel provisions of this charter
or of the rules and regulations made thereunder; no officer or employee
in the classified service of the city shall continue in such position
after being elected to any public office; no person seeking appointment
to or promotion in the classified service of the city shall either
directly or indirectly give, render, or pay any money, service, or
other valuable thing to any person for or on account of or in connection
with his or her appointment, proposed appointment, promotion, or proposed
promotion.
[Amended 3-31-2009 by Res. No. R-09-06]
b.
Penalties. - Any person who either acting alone or with others, willfully
or corruptly violates any of the provisions of this section is guilty
of a misdemeanor and, upon conviction thereof, shall be punished by
a fine of not more than one hundred dollars ($100.), or by imprisonment
for a term not exceeding thirty days, or by both such fine and imprisonment.
Any person who is convicted under this section is, for a period of
five years, ineligible for appointment to or employment in a position
in the city service, and if he or she be an officer or employee of
the city, shall immediately forfeit the office or position held.
The city may do all things necessary to include its officers
and employees, or any of them within any retirement system or pension
system under the terms of which they are admissible, and to pay the
employer's share of the cost of any such retirement or pension
system out of the general funds of the city.
The compensation of all offices and employees of the city shall
be set by the council, subject to the restrictions imposed upon establishing
the salaries of the councilmembers and the mayor.
[Added 7-26-2016 by Res.
No. R-16-31]
The non-management employee groups of the City of Hagerstown
shall be entitled to designate a union to act as their exclusive representative
and to engage in collective bargaining with the City regarding wages,
benefits, and working conditions.
