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(a) Expressing or disseminating any views, argument, or opinion, orally, in writing, or otherwise:
(1) is not a prohibited practice or evidence of a prohibited practice under this Article; and
(2) is not grounds to invalidate any election conducted under this Article; unless the expression or dissemination contains a threat of reprisal or promise of benefit.
(b) Recognizing an employee organization does not preclude the County from dealing with religious, social, fraternal, professional, or other lawful associations with respect to matters or policies that involve individual members of those associations or particularly apply to those associations or their members. (1996 L.M.C., ch. 21, § 1.)
Editor’s note--Sections 33-147, 33-153, 33-154, 33-155 & 33-157 are cited, and Sections 33-153(k), 33-153(l) and 33-154(a)(8) are quoted, in Montgomery County Career Firefighters Association v. Montgomery County, 210 Md. App. 200, 62 A.3d 287 (2013).
(a) An employee or employee organization must not either directly or indirectly cause, instigate, encourage, condone, or engage in any strike, nor the employer any lockout. An employee or employee organization must not obstruct, impede, or restrict, either directly or indirectly, any attempt to terminate a strike.
(b) The employer must not pay, reimburse, make whole, or otherwise compensate any employee for or during the period when that employee is directly or indirectly engaged in a strike. The employer must not compensate an employee who struck for wages or benefits lost during a strike.
(c) If an employee or employee organization violates this section, and after adequate notice and a fair hearing the Labor Relations Administrator finds that the violations have occurred and that any or all of the following sanctions are necessary in the public interest, the employer may:
(1) discipline, or dismiss from employment, any employee who engaged in the conduct;
(2) terminate or suspend an employee organization's dues deduction privilege, if any; or
(3) revoke the certification of and disqualify the employee organization from participation in representation elections for a period up to a maximum of 2 years.
(d) This Article does not prohibit an employer or a certified employee organization from seeking any remedy available in a court with jurisdiction. (1996 L.M.C., ch. 21, § 1.)
(a) This Article supersedes any law, executive order, rule, or regulation adopted by the County or any County department or agency which is inconsistent with this Article.
(b) Any executive order, rule, or regulation of the County or any County department or agency which regulates any subject that is bargainable under this Article is not superseded or modified by a collective bargaining agreement negotiated under this Article, except to the extent that the application of the order, rule, or regulation is inconsistent with the collective bargaining agreement.
(c) However, if the inconsistent order, rule, or regulation is subject to and has received County Council approval, a collective bargaining agreement does not supersede or modify it unless:
(1) the order, rule, or regulation was expressly identified to the Council by the parties before the Council reviewed the collective bargaining agreement, as required by Section 33-153(l), and the Council did not reject the inconsistent term or condition of the collective bargaining agreement under Section 33-153(n); or
(2) the Council repeals or modifies the order, rule, or regulation. (1996 L.M.C., ch. 21, § 1.)
Editor’s note--Sections 33-147, 33-153, 33-154, 33-155 & 33-157 are cited, and Sections 33-153(k), 33-153(l) and 33-154(a)(8) are quoted, in Montgomery County Career Firefighters Association v. Montgomery County, 210 Md. App. 200, 62 A.3d 287 (2013).
In this Article, the following words and phrases have the following meanings:
Board: The Consolidated Retiree Health Benefits Trust Board established under Section 33-160.
Contribution: payment made to the Trust Fund by the County to pay benefits for County retiree benefit plans or a County-funded agency retiree benefit plan.
County: Montgomery County Government.
County-funded agency: Montgomery College and Montgomery County Public Schools.
Custodian: The County Director of Finance.
Investment manager: a person or entity who exercises discretion to manage all or part of the assets of an institutional investor.
Participating Agency: an agency eligible to participate in County benefit plans under Section 20-37(b) which elects to participate in any County retiree benefit plan.
Retiree benefit plan: any retiree medical plan, dental plan, vision plan, or life insurance plan maintained by the County and administered by the Chief Administrative Officer. Depending on the context, retiree benefit plan may also refer to a retiree medical plan, prescription drug plan, dental plan, vision plan, or life insurance plan established and maintained by a County-funded agency.
Trust Fund: the Consolidated Retiree Health Benefits (RHB) Trust Fund established to pay all or part of the benefits provided under any retiree benefit plan, including a County-funded agency retiree benefit plan. (2008 L.M.C., ch 3, § 1; 2011 L.M.C., ch. 14, § 1.)
(a) County Retiree Benefit Plans. The Chief Administrative Officer must include the terms of any County retiree benefit plan, including eligibility and benefits, including those benefits collectively bargained, in a plan document. All benefits must meet any applicable Federal or State requirement. Subject to the County’s obligations under collective bargaining agreements and the collective bargaining laws, to the extent applicable, the Chief Administrative Officer may amend a plan document at any time. Subject to the County’s obligations under collective bargaining agreements and the collective bargaining laws, to the extent applicable, any retiree benefit plan may be terminated at any time for any reason. No retiree benefit is guaranteed, except as expressly provided by a contract entered into by the County.
(b) Establishment of Trust. An Other Post Employment Benefits Trust, known as the Consolidated Retiree Health Benefits (RHB) Trust, is established to fund all or a portion of benefits provided under the County retiree benefit plans or a County-funded agency retiree benefit plan. The Trust is intended solely as a funding mechanism to pay for County or County-funded agency retiree benefits provided under the terms of any applicable retiree benefit plan, and does not create any obligation by the County to provide any benefit listed in any County or County-funded agency retiree benefit plan. Any participant in a retiree benefit plan, any current or former County or a County- funded agency employee, or any current or former participating agency employee, has no right to any asset in the Trust fund. The Trust Fund may be, but is not required to be, the sole source of funding for any County or County-funded agency retiree benefit plan.
(c) Type of Trust. The County intends that the Trust Fund:
(1) be used to perform its essential government function of providing benefits, including health and life insurance benefits, to participants and eligible dependents; and
(2) qualify as a tax exempt trust under Internal Revenue Code Section 115.
(d) Assets of Trust Fund. All contributions and all earnings and other additions, less payments, constitute the assets of the Trust Fund.
(e) County-funded agency Participation. A County-funded agency may participate in the Trust Fund as a funding mechanism for its retiree benefit plans. A participant in any County-funded agency retiree benefit plan, or any current or former employee of a County-funded agency, has no right to the assets in the Trust Fund. The County is not responsible for establishing, maintaining, or providing any benefit for any County- funded agency retiree benefit plan.
(f) Exclusive Benefit. The Trust Fund must be held for the exclusive benefit of participants in retiree benefit plans and eligible dependents, and used only to provide benefits and defray reasonable expenses of administering retiree benefit plans. Trust Fund assets must not revert to the County or a County-funded agency unless the County or the County-funded agency terminates all retiree benefit plans. Some funds may partially revert to the County if at least one benefit plan is terminated under Section 33-166. (2008 L.M.C., ch 3, § 1; 2010 L.M.C., ch. 49, § 1; 2011 L.M.C., ch. 14, § 1.)
Editor’s note—2011 L.M.C., ch. 14, § 2, states: Transition. The Consolidated Health Benefits Trust Fund mentioned in County Code Sec. 33-159, as amended by Section 1 of this Act, does not create a new trust. The Trust Fund is the same legal entity first created in County Code Sec. 33-159 and inserted by Chapter 3, Laws of Montgomery County 2008. Any reference to the Retiree Health Benefits Trust in any document produced before the effective date of this Act [July 1, 2011] must be treated as referring to the Consolidated Retiree Health Benefit Trust referenced in County Code Sec. 33-159, as amended by Section 1 of this Act.
(a) Establishment. The Consolidated Retiree Health Trust Board of Trustees is established to manage the Trust. The Board has 19 members.
(b) Membership.
(1) Each member of the Board of Investment Trustees established under Section 33-59 is also a member of the Board.
(2) The County Executive must appoint, subject to County Council confirmation, 3 voting members nominated by the Montgomery County Board of Education, who must serve indefinitely while remaining the designee of the Montgomery County Board of Education. The members must include:
(A) a designee of the Superintendent;
(B) an active employee of the Montgomery County Public Schools who is a member of a bargaining unit; and
(C) a retiree of the Montgomery County Public Schools.
(3) The County Executive must appoint, subject to County Council confirmation, 3 voting members nominated by the Board of Trustees of Montgomery College, who must serve indefinitely while remaining the designee of Montgomery College. The members must include:
(A) a designee of the President;
(B) an active employee of Montgomery College who is a member of a bargaining unit; and
(C) a retiree of Montgomery College.
(c) Vacancies.
(1) A trustee may be automatically removed for missing meetings as described in Section 2-148(b).
(2) A vacancy on the Board must be filled for the unexpired term in the same manner as the previous trustee was appointed.
(d) Compensation. The trustees must serve without compensation from any source for service rendered to the Board, except that an active employee trustee may receive administrative leave to serve on the Board. The Board must reimburse a trustee for any expense approved by the Board. A trustee must not receive reimbursement for expenses from any other source.
(e) Written policies. The Board must establish written policies to administer and invest the funds created by this Article and to transact the business of the Trust Fund. Any delegation of duties by the Board under Section 33-162 must be specified in written policies and procedures.
(f) Officers. The Board must select a chair, vice chair, and secretary from the Board’s members.
(1) The chair must preside at meetings of the Board and may take administrative action on behalf of the Board.
(2) The vice chair must perform the duties and exercise the powers of the chair when the chair is unavailable, or the Board determines is otherwise unable to perform the duties of the chair.
(3) The secretary must record the proceedings and actions of the Board and may certify a document or action of the Board. A person may rely in good faith on the secretary’s certification as proof of the document or action.
(g) Meetings and actions.
(1) The Board must meet at least once during each calendar quarter. The chair, or 10 members of the Board, may call a meeting of the Board, in the manner and at times and places provided under the policies of the Board. The Board is a public body under the State Open Meetings Act.
(2) A. Ten trustees constitute a quorum.
B. Each trustee has one vote.
C. Ten trustees must agree for the Board to act.
(3) The Board may act without a meeting. All of the trustees must concur in writing for the Board to approve any action the Board takes without a meeting.
(4) The Board may adopt procedures consistent with this Section.
(5) In its written policies and procedures, the Board may authorize a trustee, the Executive Director, or a similarly situated County employee, to execute instruments on behalf of the Board.
(h) Records.
(1) The Board must keep investment accounts and records necessary to calculate the value of each retiree health benefit trust fund and evaluate the experience and performance of the Trust Fund.
(2) The Board may designate a person to maintain the records.
(3) Accounts and records are subject to State law on public records.
(i) Removal of trustee. With the Council’s approval, the County Executive may remove a trustee for violating this Article or other good cause.
(j) Legal adviser. The County Attorney is the legal adviser to the Board.
(k) Management. The Board must hold legal title to all assets of the Trust Fund, but may transfer some incidents of ownership to the Board’s agents as provided in this Article. The powers and duties of the Board under this Article are not effective until the Board members have accepted the Trust Fund in writing. Within 10 days after the Council confirms a Board member, the member must certify in writing to the Chief Administrative Officer that the member accepts the Trust Fund and will administer its affairs with care, skill, prudence, and diligence. (2008 L.M.C., ch 3, § 1; 2011 L.M.C., ch. 14, § 1; 2012 L.M.C., ch. 21, § 1; 2014 L.M.C., ch. 3, § 1; 2016 L.M.C., ch. 37, §1; 2019 L.M.C., ch. 12, §1.)
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