Article II. Merit System. [Note]

(a) In this Section, Consumer Price Index means the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.

(b) For members of the Merit System Protection Board appointed after December 31, 2000, the annual salary of the chair is $8,000, adjusted as provided for other members under this Section. The annual salary of the other 2 members is $6,500 adjusted each year on the first Monday in December by a percentage which is 50% of the percentage that the Consumer Price Index for the previous September has changed from September of the previous year. (1969 L.M.C., ch. 8, § 1; 1974 L.M.C., ch. 42, § 1; 1980 L.M.C., ch. 44, § 1; 1990 L.M.C., ch. 19, § 1; 2001 L.M.C., ch. 1, § 1; 2018 L.M.C., ch. 3, §1.)

Editor’s note—See County Attorney Opinion dated 2/12/01 which states that the Council cannot change a public official’s salary during the official’s term in office. Changes to salaries of members of a Board or Commission should be made prospective.

Sec. 33-4A. Merit system protection board staff.

(a) The merit system protection board appoints and removes its executive secretary.

(b) The executive secretary appoints and removes other staff to the board.

Sec. 33-4B. Days of commemoration.

(a) Legislative findings.

(1) The religious, ethnic, and cultural heritage of County residents is very diverse.

(2) The County benefits economically, intellectually, culturally, and socially from the richness and strength of its diversity and seeks to promote an inclusive community for all residents.

(3) The County’s respect for the diversity of its own workforce is reflected in the County’s rules governing leave and alternate work schedules for religious observance.

(4) The ability of County employees to meet the needs of County residents and provide high quality customer service is enhanced when County employees know that certain days have special religious, ethnic, or cultural meaning that will affect the daily activities of a significant number of County residents.

(b) Days of commemoration.

(1) Each of the following calendar days is designated a day of commemoration:

(A) Eid Ul-Adha;

(B) Asian Lunar New Year;

(D) Ash Wednesday;

(E) Purim;

(F) Passover;

(G) Holy Thursday;

(H) Good Friday;

(I) Easter;

(J) Orthodox Holy Thursday;

(K) Orthodox Good Friday;

(L) Orthodox Easter;

(M) Ascension Thursday (Western);

(N) Shavuot;

(O) Feast of the Assumption;

(P) Juneteenth;

(Q) Rosh Hashanah;

(R) Yom Kippur;

(S) Succoth;

(T) Shemini Atzeret;

(U) Simchas Torah;

(V) Eid Ul-Fitr;

(W) Diwali;

(X) Feast of All Saints;

(Y) Feast of the Immaculate Conception;

(Z) Christmas;

(AA) Kwanza;

(BB) Korean American Day;

(CC) Three Kings Day;

(DD) Orthodox Christmas Day;

(EE) Parinirvana - Nirvana Day;

(FF) President’s Day;

(GG) Magha Puja;

(HH) Norouz;

(II) Theravada New Year;

(JJ) Festival of Ridvan;

(KK) Wesak or Buddha Day;

(LL) Ascention Thursday (Orthodox);

(MM) Memorial Day;

(NN) Dharma Day;

(OO) Independence Day;

(PP) Ramadan: The Islamic Month of Fasting;

(QQ) Labor Day;

(RR) Veterans’ Day;

(SS) Thanksgiving Day;

(TT) American Indian Heritage Day;

(UU) Hanukkah (Chanukah); and

(VV) Bodhi Day.

(2) In addition to the days listed in paragraph (1), the Chief Administrative Officer may designate as a day of commemoration any day that the Chief Administrative Officer determines has special religious, ethnic, or cultural meaning that may affect the daily activities of a significant portion of the County’s total population.

(c) First notice to County employees. Once every 3 months, the Chief Administrative Officer must notify all County employees electronically of the dates of all days of commemoration that will occur in the next 3 months and provide:

(1) a brief explanation, based on a generally accepted reference source, of the religious, ethnic, or cultural meaning of each day of commemoration and the date on which the day is usually observed;

(2) any relevant information regarding the manner in which the daily activities of County residents on the day may affect programs and services provided by the County; and

(3) for days with religious meaning, an explanation of the County’s rules governing leave and alternate work schedules for religious observance.

(d) Second notice to County employees. In the 7-day period preceding a day of commemoration or, for a multi-day celebration, the first day of commemoration, the Chief Administrative Officer must:

(1) notify all County employees electronically of the date of the day of commemoration or, for a multi-day celebration, the dates of the days of commemoration; and

(2) provide the information required by subsection (c)(1) through (3) regarding the applicable day or days of commemoration.

(e) The Chief Administrative Officer must maintain a list of all days of commemoration and make the list accessible to the public by posting it on the County’s website.

(f) The County Executive may, by regulation adopted under method (2), remove a day designated as a day of commemoration under subsection (b)(1) from the County’s list of days of commemoration. (2006 L.M.C., ch. 6, § 1; 2012 L.M.C., ch. 4, § 1; 2012 L.M.C., ch. 5, § 1.)

Article II. Merit System.

Notes

*Editor's note-This Section was interpreted in Anastasi v. Montgomery County, 123 Md. App. 472, 719 A.2d 980 (1998). 1979 L.M.C., ch. 24, § 1, transferred art. II, " Personnel Regulations Generally," to app. A of ch. 33. 1979 L.M.C., ch. 24, § 2, provides for new art. II, "Merit System"' with §§ 33-5 through 33-16 containing new language. Subsequently, Res. No. 9-1072, adopted Dec. 10, 1980, enacted new personnel regulations, which have been included as app. F.

Sec. 33-5. Statement of legislative intent; merit system principles; statement of purpose; merit system review commission; applicability of article.

(a) Statement of legislative intent. It is the legislative intent of the county council that this article foster excellence in the public service; high individual competence among employees; recognition that respect for the employee as an individual is first required for achieving such excellence and competence; and harmonious and efficient operation within the various components of county government.

(b) Merit system principles. The merit system established by this chapter encompasses the following principles:

(1) All county government authority, including internal supervisory authority, is for service to the people, is derived from law and the people and must not be abused;

(2) The recruitment, selection and advancement of merit system employees shall be on the basis of their relative abilities, knowledge and skills, including the full and open consideration of qualified applicants for initial appointment;

(3) Merit system employees shall be provided compensation consistent with standard of comparability with other public agencies and the private sector;

(4) Merit system employees shall be provided training as needed to assure high quality performance and such training where possible should also provide increased opportunity to facilitate their career advancement;

(5) Merit system employees are encouraged to excel in their work performance; they shall be retained if they meet standards of satisfactory overall performance and shall be separated from merit system service if they do not; both supervisors and subordinates have an equal responsibility to facilitate work performance correction and improvement;

(6) All applicants to and employees of the county merit system shall be assured fair treatment without regard to political affiliation or other nonmerit factors in all aspects of personnel administration.

(7) Merit system employees shall be protected against any coercion to engage in illegal or improper actions or partisan political activities and shall be prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office;

(8) The merit system established under this chapter shall be interpreted in accordance with these principles.

(c) Statement of purpose. The basic purpose of this article is to delineate the respective responsibilities of the county executive, the chief administrative officer and the merit system protection board for personnel management in county government. It is the further purpose of this article to implement by law the county charter responsibilities of the county council with respect to a merit system generally, including provisions for salaries and wages of all classified employees of the merit system under a uniform salary plan, the merit system protection board's authority to exercise its appellate functions, and promotion of the overall objective that the integrity of the county merit system be preserved and that it be administered fairly and efficiently in the best interests of the county and its employees.

(d) Merit system review commission.

(i) In addition to the County Council's legislative responsibilities under Sections 101 and 401 of the County Charter, the Council, as necessary, may appoint a Merit System Review Commission by resolution.

(ii) The Commission’s duties are to:

(A) strengthen the system of checks and balances among those officials and agencies of county government having merit system responsibilities; and

(B) examine and recommend legislative or administrative revision to the merit system in keeping with the intent of the Charter and this Article and with new developments in the field of public administration and personnel management.

(iii) The Commission has 11 members who are appropriately qualified County residents. The Executive must appoint 5 members and the Council must appoint the remaining members.

(iv) Each Commission terminates after it submits its final report to the Council.

(e) Applicability of article. This article shall apply to all merit system employees defined herein. Not included under this article unless specifically stated to the contrary are those positions excluded by section 401 of the county charter as amended and any other positions so excluded from the merit system under other provisions of county law. (1979 L.M.C., ch. 24, § 2; 1982 L.M.C., ch. 40, § 5; 2012 L.M.C., ch. 24, § 1.)

Editor's note— Section 33-5 was quoted in Mayer v. Montgomery County, 143 Md. App. 261, 794 A.2d 704 (2002). This section was cited in Andre v. Montgomery County Personnel Board, 37 Md. App. 48, 373 A.2d 1149 (1977), where it was held that there was no denial of due process which would justify the award of monetary damages to a person who, along with others, was denied a promotion when the County failed to follow established promotion procedures, as the procedures are not a guarantee of promotion. In Montgomery v. Anastasi, 77 Md. App. 126, 549 A.2d 753 (1988), the court held that in selecting County employees for promotion under the merit system, the use of criteria which were not applied to all candidates and which were not set forth in published guidelines or standards to assure fairness and consistency of review and selection, constituted arbitrary action in violation of the requirements of §§ 33-5(b)(2), (6) and County Charter §401, pursuant to which § 33-5 was enacted. The court commented to the decision in Andre, but held in this case that, in accordance with § 33-7, this matter should be remanded to the Merit System Protection Board for a determination of redress to the aggrieved employees, the court declining to prescribe the specific form of redress.

See County Attorney Opinion dated 5/10/99 recognizing that authorized reimbursements for college tuition, training and/or education costs made to County employees do not violate the Charter. See County Attorney Opinion dated 2/19/97 explaining that the County Executive has the authority to establish a separate salary schedule for non- merit heads of departments and principal offices within the Executive Branch. [attachments]

Sec. 33-6. Definitions.

In this article, the following words and phrases have the following meanings:

Board: The merit system protection board as described in section 403 of the county charter.

County employees: All persons employed by the county regardless of merit system status.

Domestic partner. A person who was registered as the domestic partner of a County employee with the Office of Human Resources on or before June 27, 2016 in a domestic partnership that did not end before the County employee’s death. This definition applies throughout this Chapter unless otherwise indicated.

Illegal or improper actions: Any actions which violate any law or regulation, or which constitute a gross waste of funds, an abuse of authority or a substantial and specific danger to public health or safety.

Merit system employees: All persons who are employed by the county in full-time or part-time year-round permanent career positions in any department/office/agency of the executive and legislative branches of the county government or in any other position specifically so designated by law.

Removal: The separation of a merit system employee through dismissal, involuntary resignation or abolishment of his or her position for reasons or circumstances determined by the board as being other than a bona fide reduction of funds or work.

Supervisor: The chief administrative officer and all subordinate personnel exercising supervisory functions in the capacity of a public employer. (1979 L.M.C., ch. 24, § 2; 1982 L.M.C., ch. 40, § 5; 1999 L.M.C., ch. 30, § 2; 2017 L.M.C., ch. 29, §1.)

Editor’s note—See County Attorney Opinion dated 11/12/97 indicating that the Charter permits the use of merit system employees for pilot programs and enterprise programs, but prohibits the use of contract employees for these programs. See County Attorney Opinion dated 2/19/97 explaining that the County Executive has the authority to establish a separate salary schedule for non-merit heads of departments and principal offices within the Executive Branch. [attachment]

Sec. 33-7. County executive and merit system protection board responsibilities.

(a) Generally. In performing its functions, the Board is expected to protect the merit system and to protect employee and applicant rights guaranteed under the merit system, including protection against arbitrary and capricious recruitment and supervisory actions, support for recruitment and supervisory actions demonstrated by the facts to be proper, and to approach these matters without any bias or predilection to either supervisors or subordinates. The remedial and enforcement powers of the Board granted herein must be exercised by the Board as needed to rectify personnel actions found to be improper. The Board must comment on any proposed changes in the merit system law or regulations, at or before the public hearing thereon. The Board, subject to the appropriation process, must establish its staffing requirements and define the duties of its staff.

(b) Personnel regulations. The County Executive must adopt personnel regulations under method (1).

The personnel regulations must provide the framework for:

(1) The classification of all merit system positions in the executive and legislative branches;

(2) Minimum qualifications for merit system positions, methods of determining qualifications and methods of selection for any positions;

(3) Probationary periods, promotions, transfers;

(4) Causes for removal from any merit system position and methods of removal, including demotions, furloughs, and reduction of staff. However, any regulations governing a reduction in staff and employee rights attendant thereto shall be restricted to the respective branch of government in which the employee is employed; in the case of the legislative and judicial branches, this sentence shall apply to employees hired by the legislative and judicial branch, respectively, after August 1, 1983.

(5) Annual, sick and other leave;

(6) Prohibitions against political activity;

(7) Maintenance of personnel records; and

(8) Similar personnel matters as may be provided by law.

(c) Classification standards. With respect to classification matters, the County Executive must provide by personnel regulation, adopted under Method (1), standards for establishing and maintaining a classification plan. These standards may include but are not limited to the following:

(1) The necessary components of class specifications;

(2) Criteria for the establishment of new classes, modification or elimination of existing classes;

(3) Criteria for the assignment of positions to classes;

(4) Kinds of data required to substantiate allocation of positions;

(5) Guidelines for comparing levels of job difficulty and complexity; and

(6) Criteria for the establishment or abolishment of positions.

The Board must conduct or authorize periodic audits of classification assignments made by the Chief Administrative Officer and of the general structure and internal consistency of the classification plan, and must submit audit findings and recommendations to the County Executive and County Council.

(d) Hiring persons with disabilities.

(1) Findings.

(A) Persons with disabilities are a largely untapped resource for outstanding candidates for County employment.

(B) There are many County residents with severe disabilities, including Wounded Warriors treated in the County at the Walter Reed National Military Medical Center.

(C) Persons with disabilities suffer from a high unemployment and underemployment rate in the County due in part to unfounded myths, fears and stereotypes associated with many disabilities.

(D) Hiring rules for persons with disabilities are necessary to remedy past discrimination resulting from these unfounded myths, fears, and stereotypes and to enable the County to be a model employer of qualified persons with severe disabilities.

(E) Special hiring rules for qualified persons with severe disabilities would permit the County to hire highly productive interns with severe disabilities into merit system positions.

(F) The Charter permits the County to operate a program within the merit system to recruit and select qualified individuals with severe physical and mental disabilities on a noncompetitive basis.

(2) The Executive must adopt by personnel regulation, under Method (1), standards for establishing and maintaining special rules for the initial appointment of a qualified person with a disability into a merit system position. These standards must:

(A) define a person with a disability eligible for a competitive appointment with a preference as:

(i) a person with medical proof of a developmental disability, a severe physical disability, or a psychiatric disability; or

(ii) a veteran rated by the Department of Veterans Affairs with a compensable service-connected disability of 30 percent or more;

(B) define a person with a severe disability eligible for noncompetitive appointment as a person with medical proof of a severe developmental, physical, or psychiatric disability; and

(3) Competitive appointment.

(A) Except as provided in Subsection (e), the regulation must establish and maintain a preference under the following order of preference:

(i) an employee who is unable to perform the employee’s job because of a disability or injury under the ADA;

(ii) an employee subject to reduction-in-force;

(iii) an employee who was granted a temporary disability retirement under the Employees Retirement System or an initial or temporary disability benefit of any type under the Retirement Savings Plan or the Guaranteed Retirement Income Plan but is no longer eligible for such a temporary disability retirement or benefit;

(iv) a veteran with a disability;

(v) an equal preference for a veteran without a disability and a non- veteran with a disability.

(B) This regulation must only apply the preference in Subparagraphs (A)(iv) and (A)(v) for the initial appointment of a qualified person to a merit system position who is among the highest rating category in a normal competitive process.

(4) Noncompetitive appointment. The regulation must establish and maintain standards for the noncompetitive appointment of a qualified person with a severe disability to a position in the merit system. The standards must:

(A) permit the noncompetitive appointment of a qualified person with a severe disability without advertising the position;

(B) require certification of a severe disability based upon medical evidence;

(D) require the person to successfully complete the appropriate probationary period for the position.

(e) Hiring Veterans for Uniformed Public Safety Positions.

(1) Findings.

(A) Veterans, particularly those returning from combat in Iraq and Afghanistan, suffer from a high unemployment rate.

(B) The skills and experience gained by veterans while in the military are helpful assets for serving in uniformed public safety positions.

(2) Regulation. The Executive must establish by personnel regulation, under Method (1), standards for a hiring preference point system for the initial appointment of a qualified veteran who applies for a merit uniformed public safety position in a normal competitive process. These standards must:

(A) define a veteran as a person who was honorably discharged or released from a branch of the United States armed services after at least 180 days of active military duty other than for training;

(B) define a veteran with a disability as a veteran rated by the Department of Veterans Affairs with a compensable service-connected disability of 30 percent or more;

(i) police officer;

(ii) fire fighter/rescuer; or

(iii) correctional officer; and

(D) give preference points for a veteran and additional preference points for a veteran with a disability.

(f) Personnel regulation review. The Merit System Protection Board must meet and confer with the Chief Administrative Officer and employees and their organizations from time to time to review the need to amend these regulations.

(g) Adjudication. The Board must hear and decide disciplinary appeals or grievances upon the request of a merit system employee who has been removed, demoted or suspended and in such other cases as required herein.

(h) Retirement. The Board may from time to time prepare and recommend to the Council modifications to the County’s system of retirement pay.

(i) Personnel management oversight. The Board must review and study the administration of the county classification and retirement plans and other aspects of the merit system and transmit to the Chief Administrative Officer, County Executive and County Council its findings and recommendations. The Board must conduct such special studies and audits on any matter relating to personnel as may be periodically requested by the County Council. All County agencies, departments and offices and County employees and organizations must cooperate with the Board and have adequate notice and an opportunity to participate in any such review initiated under this section.

(j) Publication. Consistent with the requirements of State law, confidentiality and other provisions of law, the Board must publish, at least annually, abstracts of its decisions, rulings, opinions and interpretations, and maintain a permanent record of its decisions. (1979 L.M.C., ch. 24, § 2; 1982 L.M.C., ch. 40, § 5; 1984 L.M.C., ch. 12, § 1; 1984 L.M.C., ch. 24, § 39; 1984 L.M.C., ch. 27, § 23; 2010 L.M.C., ch. 2, § 1; 2012 L.M.C., ch. 25, § 1; 2013 L.M.C., ch. 1, § 2; 2015 L.M.C., ch. 23, § 1.)

Editor's note—Section 33-7 is cited in Montgomery County, Maryland v. Jamsa, 153 Md. App. 346, 836 A.2d 745 (2003); in Haub v. Montgomery County, 353 Md. 448, 727 A.2d 369 (1999); and in FOP, Montgomery County Lodge No. 35 v. Mehrling, 343 Md. 155, 680 A.2d 1052 (1996); See editor's note to § 33-5 for reference to § 33-7 in Montgomery County v. Anastasi, 77 Md. App. 126, 549 A.2d 753 (1988); Section 33-7 is cited in Robinson v. Montgomery County, 66 Md.App. 234, 503 A.2d 275 (1986); and Section 33-7(c) is mentioned in Montgomery County Department of Police v. Lumpkin, 51 Md. App. 557, 444 A.2d 460 (1982).

See County Attorney Opinion dated 10/30/98 indicating that the County may enact laws that require employees to allow a criminal background check as a condition of continued employment.

2015 L.M.C., ch. 23, § 2, states: Short Title. This Act may be cited as the “Veterans in Public Safety Employment Act.”

2013 L.M.C., ch. 1, § 1, states: Short Title. This Act may be cited as the “Expanded Hiring of Persons with Disabilities Act.”

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