[HISTORY: Adopted as indicated in article histories. Amendments
noted where applicable.]
[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:
A.Â
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.
B.Â
All applications for the position shall show, at least, that the
applicant meets the basic requirements under state law for the position.
C.Â
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,[1] 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:
To meet in good faith at reasonable times to attempt to negotiate
an agreement concerning subjects of bargaining authorized by law.
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 sworn law enforcement Deputy Sheriff at the rank of captain
and below in the Cecil County Sheriff's Office:
[Added 8-18-2020 by Bill
No. 2020-09]
A sworn correctional Deputy Sheriff at the rank of lieutenant
and below in the Cecil County Sheriff's Office; or
[Added 8-18-2020 by Bill
No. 2020-09]
A regular, nonexempt, uniformed employee within the Cecil County
Division of Emergency Medical Services at the rank of captain or below.
An organization of employees that, as one of its primary
purposes, represents employees in collective bargaining with the employer.
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:
A.Â
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;
B.Â
Authorize withdrawal of recognition of an exclusive representative
based on circumstances specified in the ordinance and provide a process
for the withdrawal;
C.Â
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;
D.Â
Set forth the subjects of collective bargaining and the rights reserved
by the County from those subjects;
E.Â
Set forth the time frames of the collective bargaining process;
F.Â
Provide rules of conduct for collective bargaining; and
G.Â
Provide a process and remedies for violations of established rules.
[Amended 8-18-2020 by Bill No. 2020-09]
A.Â
Once authorized
by an ordinance, collective bargaining between the County and the
exclusive representative shall include a memorandum of understanding
or collective bargaining agreement concerning the agreements made
as a result of bargaining.
B.Â
Subject
to an annual exercise of authority concerning fiscal procedures in
state law or County ordinance, a memorandum of understanding or collective
bargaining agreement 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:
A.Â
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;
B.Â
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;
C.Â
Require any method, means, or scope of bargaining between Cecil County
and an exclusive representative;
D.Â
Authorize binding interest arbitration; and
E.Â
Authorize the collection of mandatory membership fees from nonmembers
of the employee organization.
