(a) The Fire Chief must negotiate in good faith with the authorized LFRD representative on the issues or issue areas specified in subsection (f). While each LFRD and its members retain the right to communicate directly with elected and appointed officials, the LFRD representative is the LFRDs’ exclusive representative for purposes of negotiating with the Fire Chief.
(b) A representative of the LFRD’s becomes authorized to represent their interests when the Fire Chief receives notice that more than 65% of the LFRD’s:
(1) have designated that individual or organization in writing as their authorized representative for negotiating purposes; and
(2) consented to be bound by agreements reached between the LFRD representative and the Fire Chief, subject to any ratification procedure previously adopted by the signatory LFRD’s.
Any action by the Fire Chief under this subsection and subsection (c) to recognize or not recognize an LFRD representative may be appealed to any court with jurisdiction under the Maryland rules for appeals of administrative agency actions. Any decision of a court under this subsection and subsection (c) may be appealed to the Court of Special Appeals.
(c) An LFRD can revoke its designation of an authorized representative and designate another person or organization not more than once every 2 years. If 65% of the LFRD’s vote to revoke the representative’s designation, that representative is no longer authorized to negotiate for the LFRD’s. If 65% of the LFRD’s designate a different representative, that representative is authorized to negotiate for all LFRD’s. If an authorization is revoked but no new representative is designated, further negotiating is suspended.
(d) Formal negotiating is initiated when the LFRD representative notifies the Fire Chief, or the Fire Chief notifies the LFRD representative, that a negotiable issue has arisen. The Fire Chief or LFRD representative must respond, either in writing or by meeting, within 15 days. The number of required meetings between the parties each month cannot exceed 1, but the parties can meet more frequently if both agree. The parties may adopt a negotiating calendar under which issues are reserved for discussion at a certain time. A negotiated agreement takes effect unless the LFRD representative notifies the Fire Chief within 60 days of the date of the agreement that a majority of the LFRD’s have voted to reject the agreement.
(e) The Fire Chief must consult with the LFRD representative on all major policy changes, to the same extent as the employee organization certified under Section 33-151 is required by law or collective bargaining agreement to be consulted.
(f) Issues subject to negotiating under this Section are:
(1) methods and mechanisms for volunteer firefighters’ and rescuers’ participation in MCFRS policy decisions;
(2) representation of volunteer firefighters and rescuers on MCFRS committees and task forces;
(3) volunteer firefighter and rescuer recruitment, selection, and recognition;
(4) procedures used to evaluate and discipline volunteer firefighters and rescuers;
(5) protection of volunteer firefighters and rescuers from harassment and discrimination;
(6) LOSAP and other benefits for volunteers, and the administration of any volunteer benefit;
(7) the equitable allocation of appropriated funds and equipment among paid and volunteer personnel; and
(8) any other issue that pertains only to volunteer firefighters and rescuers.
(g) Issues not subject to negotiating under this Section are:
(1) budgets and expenditures;
(2) MCFRS emergency and routine operations; and
(3) any other issue not specified as subject to negotiating.
(h) The Fire Chief and LFRD representative annually must choose an impasse neutral, either by agreement or through the processes of the American Arbitration Association. The impasse neutral’s fees and expenses must be paid by the Service.
(i) During the course of negotiating, either party may declare an impasse and request the services of the impasse neutral, or the parties may jointly request those services before declaring an impasse. Except where specified otherwise in this Section, the timetable and process for impasse resolution, including Council review, must follow the timetable and process in Section 33-153.
(j) When an impasse is reached, the parties must submit the dispute to the impasse neutral. The impasse neutral must attempt mediation by bringing the parties together voluntarily under conditions that will tend to bring about a settlement of the dispute.
(k) If the impasse neutral, in the impasse neutral’s sole discretion, finds that the parties are at a bona fide impasse, the impasse neutral must require the parties to jointly submit all items previously agreed on, and each party to submit a final offer consisting of proposals not agreed upon. Neither party may change any proposal after it is submitted to the impasse neutral as a final offer, except to withdraw a proposal on which the parties have agreed.
(l) The impasse neutral may require the parties to submit evidence or present oral or written arguments in support of their proposals. The impasse neutral may hold a hearing at a time, date, and place selected by the impasse neutral. The hearing must not be open to the public.
(m) On or before 60 days after either party has requested the services of the impasse neutral, unless that date is extended by written agreement of the parties, the impasse neutral must select the final offer that, as a whole, the impasse neutral judges to be the more reasonable. Any issue decided by the impasse neutral must not be reopened within 3 years unless both parties agree to do so.
(n) In selecting a final offer under this Section, the impasse neutral must consider only the following factors:
(1) previous negotiated agreements between the parties, including the past bargaining history that led to the agreements;
(2) the affordability of all items that will have a significant cost to the Service;
(3) effectiveness and efficiency of operations;
(4) safety of the public; and
(5) the interest and welfare of the public.
(o) The final offer selected by the impasse neutral, integrated with any items previously agreed on, is the final agreement between the parties, need not be ratified by any party, and has the force and effect of an agreement voluntarily entered into and ratified. The parties must execute that agreement.
(p) The Executive must submit to the County Council for review any element of an impasse neutral’s decision that:
(1) requires an appropriation of funds;
(2) is inconsistent with any County law or regulation;
(3) requires the enactment or adoption of any County law or regulation; or
(4) has or may have a present or future fiscal impact.
(q) The Council must consider any decision or part of a decision referred to it under subsection (p) and notify the parties within 60 days if it disapproves the decision or part. The Council may extend this time by resolution. (2004 L.M.C., ch. 5, § 1.)