[HISTORY: Adopted and amended as indicated in text.]
GENERAL REFERENCES
Circuit Court — See Ch. 21.
County Commissioners — See Ch. 27.
Fire companies and rescue squads — See Ch. 54.
Deferred compensation program — See Ch. 162.
Education reimbursement guidelines — See Ch. 166.
Code of Ethics — See Ch. 170.
Liability indemnification — See Ch. 185.
Personnel regulations — See Ch. 197.
Sheriff's office — See Ch. 210.
[1]
Editor's Note: Former § 125-1, Care of state
prisoners (1959 Code, sec. 259; 1965 Code, sec. 317; 1969 Code, sec.
375, P.L.L., 1860, Art. 9, sec. 139; 1888, sec. 169; 1930, sec. 243),
was repealed by the Acts of 1991, ch. 248.
[1]
Editor's Note: Former § 125-2, Per diem allowance
(1959 Code, sec. 260; 1965 Code, sec. 318; 1969 Code, sec. 376. P.L.L.,
1878, ch. 332; 1888, Art. 9, sec. 170; 1918, ch. 160; 1930, sec. 244;
1933, ch. 537, sec. 244; 1935, ch. 161; 1943, ch. 873; 1951, ch. 180),
was repealed by the Acts of 1991, ch. 248.
[1]
Editor's Note: Former § 125-3, Surety bond
required; conditions (1959 Code, sec. 262; 1965 Code, sec. 319; 1969
Code, sec. 377, P.L.L., 1904, ch. 579; 1930, Art. 9, sec. 246), was
repealed by the Acts of 1991, ch. 248.
[1965 Code, sec. 320; 1969 Code, sec. 378, P.L.L., 1965,
ch. 676; 1966, ch. 669, sec. 263(c), (g), (k), (l) and (m); 1969,
ch. 316, sec. 320(d); 1970, ch. 91, sec. 378(d); 1979, ch. 46; 1981,
ch. 30; 1987, ch. 33; 1989, ch. 41; 1991, ch. 248; 1995, ch. 417;
1995, ch. 484; 1996, ch. 69]
A.
The office of Sheriff of Charles County consists of:
(1)
The Sheriff and Deputy Sheriffs as authorized under § 2-309
of the Courts and Judicial Proceedings Article of the Annotated Code
of Maryland;
(2)
The Board of Public Safety;
(3)
Correctional officers, dispatchers, and administrative personnel;
and
(4)
Other employees as are authorized by public general or public local
law.
B.
The office of the Sheriff is located at La Plata. It shall use the
facilities of the Courthouse at La Plata or other facilities as provided
by the County Commissioners for the establishment of its office. The
Board of County Commissioners is authorized to construct, lease, or
acquire any other facilities for the use of the Sheriff.
C.
Board of Public Safety.
(1)
The Board of Public Safety is composed of five members. Each member
of the Board shall be a resident of Charles County for at least two
years prior to their membership. Two of the members are County Commissioners
appointed by the County Commissioners; the third member is appointed
by the County Commissioners and may not be an elected official; and
the fourth and fifth members are appointed by a majority of the representatives
of Charles County to the Maryland General Assembly. Unless otherwise
replaced by the County Commissioners, the members of the Board shall
serve for four years, except that the members who also serve as County
Commissioners shall serve from the time of the appointment until the
following election for the County Commissioners.
(2)
The Board of public safety shall act as a neutral third party, which
shall convene, at the request of either the Sheriff or the County
Commissioners, to review public safety matters that are of significant
public interest or concern.
[2001, ch. 536, § 1]
D.
Salaries and compensation.
(2)
Deputy Sheriffs.
[Amended 2000, ch. 536, § 1; 4-19-2016 by Bill No. 2016-02]
(a)
The salary schedule for the Deputy Sheriffs, based on rank and
length of service, shall correspond to the salary schedule of the
Maryland State Police, including longevity steps.
(b)
The salary schedule for the Deputy Sheriffs shall be revised
to reflect any revisions made to the Maryland State Police schedule.
(d)
Step increases for the Deputy Sheriffs are subject to collective
bargaining and must be appropriated by the County Commissioners.
(e)
Position and rank designations.
[1]
Deputy Sheriff positions and ranks are as follows:
[a]
Patrolmen I are the equivalent of Maryland State
Police Trooper;
[b]
Patrolmen II are the equivalent of Maryland State
Police Trooper First Class;
[c]
Privates First Class are the equivelant of Maryland
State Police Corporal;
[d]
Corporals are the equivalent of Maryland State
Police Sergeant;
[e]
Sergeants are the equivalent of Maryland State
Police First Sergeant;
[f]
Lieutenants are the equivalent of Maryland State
Police Lieutenant;
[g]
Captains are the equivalent of Maryland State Police
Captain;
[h]
Majors are the equivalent of Maryland State Police
Major; and
[i]
Lieutenant Colonel is the equivalent of Maryland
State Police Lieutenant Colonel.
[2]
As of July 1, 1979, Deputy Sheriffs shall be placed in the rank
that corresponds to their position. A Deputy Sheriff shall be placed
in the first step of that rank unless the Deputy Sheriff's present
salary is more than that step, and then the step shall correspond
to the present salary. A Deputy Sheriff may not receive a lesser salary,
nor shall a Deputy Sheriff be demoted, as a result of the implementation
of the salary schedule.
(f)
If the County Commissioners agree to grant step increases to
Deputy Sheriffs in a given fiscal year, Deputy Sheriffs shall receive
the salary for the next step within their rank upon their anniversary
date, which means the date of employment.
E.
Powers and duties.
(1)
The Sheriff shall have control and supervision over other members
of the Sheriff's office and shall assign the members thereof
to such duties and hours as the Sheriff may deem necessary and shall
make such rules and regulations for the proper government, discipline
and operation of the Sheriff's office as the Sheriff may deem
best to promote its efficiency. A copy of such rules and regulations
shall be furnished to each member of the Sheriff's office, and
whenever any addition or change is made in such rules and regulations,
a copy of such addition or change shall be provided for each member
of the office. Members of the office shall familiarize themselves
with the rules and regulations.
(2)
The Sheriff shall require each sworn member of the Sheriff's
office to preserve the public peace, prevent crime and protect the
rights of persons and property; and to assist the sanitary offices
of the County to enforce faithfully and strictly all laws, rules and
orders that now exist or which may hereafter be passed or issued for
the purpose of maintaining and preserving the public health and to
arrest all offenders against the laws of the state.
(3)
Mutual aid agreements.
[Added 4-5-2011 by Bill No. 2011-01]
(a)
The County Commissioners, with the approval of the Sheriff,
may enter into mutual aid agreements with other municipal and County's
law enforcement agencies within the State of Maryland to determine
the circumstances under which members of the Sheriff's office
may lawfully go or be sent beyond the boundaries of Charles County
to any place within the state and to determine the circumstances under
which members of other municipal and County law enforcement agencies
may lawfully enter the boundaries of Charles County.
(b)
It is the intent of this subsection to maximize law enforcement
personnel and equipment in order to render prompt, effective, and
professional services to the public as authorized in the Criminal
Procedure Article, § 2-105 of the Annotated Code of Maryland.
F.
In accordance with the provisions of the Law Enforcement Officers'
Bill of Rights under Article 27, §§ 727 through 734D
of the Annotated Code of Maryland,[1] the Sheriff may suspend without pay, remove, dismiss,
demote or discharge any member of the Sheriff's office for any
offense against law or good morals, for neglect of duty, inefficiency,
physical or mental disability or breach of discipline.
[1]
Editor's Note: Said act was repealed by Acts 2003, c. 5, § 1,
effective 10-1-2003.
G.
Employment of other personnel; pension plans.
[2000, ch. 536, § 1; amended 1-10-2017 by Bill No. 2016-08]
(1)
The County Commissioners, in accordance with rules and regulations developed by the Commissioners and the Sheriff, may provide correctional officers, dispatchers, administrative personnel, and other employees as the County Commissioners consider necessary for the Sheriff of the County. Personnel authorized under this subsection shall be selected by the Sheriff in accordance with the provisions of an ordinance adopted under Subsection K of this section. They shall have such duties as may be assigned to them by the Sheriff and shall be subject to the Sheriff's direction and supervision and removable by the Sheriff at any time. They shall receive such salary as established in a line item in the budget of the Sheriff as approved by the County Commissioners. These personnel shall not be sworn employees.
(2)
Any employee of the Sheriff's office who is not part of a separate
pension plan by law or the Charles County Sheriff's Office Retirement
Plan, amended and restated effective July 1, 1995, is part of the
Charles County Pension Plan, amended and restated effective December
1, 2004, covering other employees of the County government, provided
that the employee of the Sheriff's office meets the eligibility
requirements of the Charles County Pension Plan.
H.
The Sheriff or a person authorized by the Sheriff:
(1)
May destroy any contraband article or goods seized by or delivered
to the office after removing any money contained therein;
(2)
Shall sell at public auction all lost, abandoned, unclaimed, forfeited,
or stolen property remaining in the possession of the office for a
period of six months without a lawful claimant; and
(3)
Shall pay over to the County Treasurer for the use of the County
all money removed from contraband, all proceeds of such sales and
all lost, abandoned, unclaimed, forfeited or stolen money remaining
in the possession of his office for a period of six months without
a lawful claimant.
I.
The County Commissioners shall equip and arm the office of Sheriff.
The Commissioners shall purchase equipment, including motor vehicles,
motorcycles, with or without sidecars, and radio receiving and sending
apparatus, both for stationary use and for use in and about motor
vehicles, in such number, together with such other police equipment
as, in the judgment of the Commissioners, may seem advisable for the
use of the Sheriff. The County Commissioners may from time to time
sell, trade or otherwise dispose of motor vehicles or motorcycles
or radio or other equipment and purchase new vehicles and equipment.
All equipment, automobiles or motorcycles purchased under this subsection
shall be and remain the property of Charles County and shall be returned
by the members of the Sheriff's office to whom the equipment
may be issued upon separation, for any cause, from the office. The
County Commissioners shall provide for the maintenance and repair
of motor vehicles and equipment and for the operation of motor vehicles
and equipment, including gasoline, oil, tires, batteries and accessories
for the same. Notwithstanding the above, any vehicles provided by
the County Commissioners to the office of the Sheriff shall be deemed
for all purposes the property of the Sheriff while so assigned and
shall be registered and licensed in the name of the office of the
Sheriff until retired from service and transferred back to the County
Commissioners.
J.
The Sheriff shall carry and serve all legal papers issued by the
courts. The Sheriff is empowered to appoint special officers to serve
legal papers. The County Commissioners shall determine the number
of special officers through approval of a line item in the budget
of the Sheriff.
K.
The Board of County Commissioners shall enact an ordinance which
shall provide a merit or classified service system to which all full-time
employees of the Sheriff's office, except the Sheriff and the
Sheriff's appointees shall be subject.
[2000, ch. 536, § 1]
