From the Harford County Deputy Sheriff’s Union:
On June 10, 2016, the Harford County Deputy Sheriff’s Union started a petition drive in an attempt to obtain collective bargaining with binding arbitration between deputies and Harford County. Members were hard at work collecting signatures from very supportive citizens and were on track to collect the required 10,000 signatures when new information was brought to light by Union legal counsel.
According to an Attorney General’s opinion dated November 1991, “The law is clear and consistent that the Sheriff and employees of the Sheriff’s Office in Harford County are State, not Harford County employees. The County Council of Harford County does not have the authority to establish a merit system for the Sheriff’s Office; to place the Sheriff’s Office within the County merit system; or to authorize a form of collective bargaining for employees of the Sheriff’s Office. This can only be done by the General Assembly of Maryland.”
In view of this information, the Harford County Deputy Sheriff’s Union is suspending the petition drive and will begin focusing our efforts on the 2017 legislative session in Annapolis. The members of the Deputy Sheriff’s Union would like to thank everyone who took the time to talk with us and sign our petition, and to thank everyone who volunteered their time and effort in circulating the petition on our behalf.
The support that the citizens of Harford County have shown their deputies is truly overwhelming and is especially appreciated in these troubling times.
For further information, contact President Mike Montalvo at president@hcdsu.org.
Well that 1991 ruling doesn’t pass the “smell test” if you ask me. The cars say, Harford County, the Deputies only patrol Harford County, they are paid by Harford County, were hired by Harford County, and were shown a payscale by Harford County. That ruling had to have been for political reasons back then. Well regardless, hopefully in the near future the HARFORD COUNTY Government will approve SIGNIFICANT salary enhancements across the board to keep them competitive with their counterparts in the major jurisdictions in the State. Everyone is hurting but the cost of turnover and poor retention is astronomical in the public safety field more so than other fields so it fiscally makes sense to pay them appropriately.
County Sheriff’s hold a State Office authorized and mandated under the Maryland State Constitution. Since the Sheriff is a state office holder, their Deputies derive their authority from the Office of the Sheriff and are thus a state employee.
In my opinion, even though a Sheriff is regarded to as a State Official, he was elected by the citizens of a particular county and has jurisdiction only over that county he was elected to, so he should be considered a State Official, yet a county employee. He is paid by the county, right. If not, the deputies are paid by the county and this is undisputable. Unless the deputy is a member of some State Task Force, he only has jurisdiction in the county he is employed, unless granted some sort of additional jurisdiction in emergency situations (Baltimore Riots). I don’t think the Senate or General Assembly have the power or interest in any County’s office. I believe the Sheriff is considered a State Official because he enforces the law of Maryland. However, for the purposes of salary and/or employee salaries you would have to consider him and/or his deputies county employees.
You are certainly entitled to your opinion. Your opinion just doesn’t concur with the law.
Fair enough. However, I don’t think this issue has been decided by law. The opinion was that of an Attorney General in 1991. That’s not a legal decision or precedent, therefore I don’t consider it law….
Hey Soulman,
Can’t believe I am agreeing with something you said, but wow it’s true. Do your research and look this up. Back @ 1990 or so there was a Deputy involved shooting near Trimble Rd in Edgewood. A citizen was shot and when the family of this criminal and so called bystander who was shot by a ricochet tried to sue the Sheriff a long battle ensued as to if they should sue the State or the County. Gather some intel on this and respond back to Mikey Welsh.
The kid shot last name was Rucker if that helps
Many of the older/long term Deputies of the HCSO already know that they are state employees. They learned this years ago when the Deputies were suing for overtime pay that was being withheld for the time they spent attending roll call. When filing suit they had to sue the state, not Harford County to recoup the money. Both the Law Enforcement and Correctional Deputies Unions successfully sued the state and reached an agreed settlement with the state, which, by the way Harford County had to fund the agreed settlement.
I found this. Page 3 may be useful – https://www.oag.state.md.us/Opinions/1993/78oag343.pdf
This is the case you’re referring to. Its only applicable to the Tort Claims Act. Furthermore, if an officer knowingly and willingly breaks a state or federal law, their immunity is rejected if such law breaking can be proven. http://www.leagle.com/decision/1989591316Md275_1574/RUCKER%20v.%20HARFORD%20COUNTY
http://www.leagle.com/decision/1989591316Md275_1574/RUCKER%20v.%20HARFORD%20COUNTY – This is what you were referencing, however, it only involves the Tort Claims Act, not contractual disputes between a county and its employees….
“In response to the first certified question, we conclude that, as a matter of Maryland law, the Sheriff and Deputy Sheriffs of Harford County are officials and/or employees of the State of Maryland rather than of Harford County.”
The above was extracted verbatim from the legal decision you posted.
So, what part of ….”as a matter of Maryland law, the Sheriff and Deputy Sheriffs of Harford County are officials and/or employees of the State of Maryland rather than of Harford County” do you not agree with?
It involves the Tort Claims Act as a matter of law, not contract negotiations involving the salaries of deputies. What it is saying, is that the Sheriff and its deputies are considered employees of Maryland involving claims put thru the Maryland Tort Claims Act, nothing else. This is because he is upholding Maryland Law when the tort occurred. There are many aspects of law. In a Federal deprivation of rights under color of law suit, the county, the Sheriff, the deputies and the Sheriff’s Office are all considered individual persons. I seriously doubt that anyone except the County Executive and the County Council have any interest or control in the matter of the Deputies collective bargaining agreement, but whatever. I was asked to research it and I did. My opinion is that unless the deputies are paid in part by the State’s central payroll bureau, then they are free to pursue a collective bargaining agreement. I don’t know the answer to that question, perhaps one of you do……
You can also check this out. If Anne Arundel County has a collective bargaining agreement with their Sheriff’s Department, then what makes you think Harford County can’t have one? I mean, they are both county Sheriff’s Departments. It looks to me that both the Deputy Sheriffs and Sheriff’s Sergeants have their own agreements with Anne Arundel County. If they can do it, Harford County can do it. Click on the PDF’s on this webpage…. – http://www.aacounty.org/departments/personnel/bargaining-units/
I don’t believe anyone has said that the Deputies can’t have a collective bargaining agreement. I certainly have never made that statement. What was said in the article is that authority to enter into an agreement must be pursued and approved in the state legislature.
I don’t know, it seems to me the agreements were pursued by various agencies of Anne Arundel County, the Anne Arundel Office of Personnel and the county government. It never mentions any state authority or Code of Maryland in the documents. Seems to be all County Code thru out. Whatever, I’m done with this…..
Here is some additional information on which counties have pursued collective bargaining for the Sheriffs Deputies. This House Bill 505 authorized the Charles County Sheriffs Office Deputies to enter into collective bargaining. It includes a section on current law on page 3 which I have provided below.
HB 505
/ Page
3
The bill specifies that if sworn law enforcement officers or correctional officers seek to bargain collectively, the Sheriff and the Charles County Commissioners must recognize the exclusive representative of the law enforcement officers or correctional officers as of September 30, 2016,
as the exclusive representative unless the exclusive representative is
decertified in accordance with the provisions of the bill.
Current Law:
Eight counties in Maryland have collective bargaining for deputy sheriffs including
Allegany, Anne Arundel, Baltimore, Charles, Frederick, Howard, Montgomery, and Prince George’s counties. In Allegany, Anne Arundel,and Prince George’s counties, binding arbitration is provided. The scope of collective bargaining is limited in a few counties: Charles County does not authorize bargaining on salaries and other issues controlled by the county commissioners; Frederick County authorizes bargaining for wages and benefits only.
Background:
The Charles County Sheriff’s Office currently employs 269 sworn law enforcement officers at or below the rank of sergeant and128 correctional officers at or below the rank of sergeant. The fiscal 2016 budget for the Charles County Sheriff’s Office totals $79.9 million, of which $67.7 million represents the cost for personal services and fringe benefits.
The current DSP salary schedule can be found at http://www.dbm.maryland.gov/
Agree with the above statement.
I would assume because a Maryland law enforcement is really like an independent contractor. Their “certification” to be the Police is from the State of Maryland with an approved and minimum standard hiring and training regimen. Of course the Sheriff Office runs their own “academies” but it still has to at minimum follow the State’s criteria.
The certification is through the MPCTC, Maryland Police and Correctional Training Center, which as you advised sets the standards to work in the State. However, this certification is just so that you can work in the State, the various police agencies throughout the State, i.e. local/municipalities, counties, special jurisdictions (transit/campus police) all work for that respective local jurisdiction and paid by them.
Like a contractor with an MHIC license. Getting paid who they are working for
Not quite sure where the state employee came from
Its probably like health inspectors are state employees even though Harford county funds it.
This wasn’t a ruling, it was a former Attorney General’s Opinion from 1991. Its NOT binding or even precedent. I think you Deputies are getting hood winked…….
One last thought on this subject and I’m going to leave this topic alone. If I’m right and the Senate nor General Assembly have any interest in the salary of the county deputies, it will mean no raises again for another year. The deputies won’t find out until the 2017 session that they are ineligible for increases and will have been stalled or “hood winked” for another entire year. When was the last time the deputies got their pay raises? Can the deputies afford to put off a collective bargaining agreement for another year? What will be the excuse next time to put off the agreement? I would go ahead and take steps now because I doubt the deputies would be penalized for trying to get an agreement done in the absence of a step increase for such a long time……..
Actually they did receive a pay raise…
Then what is the basis for a collective bargaining agreement?
There isn’t any
The pay raise they received was only a partial amoun that the county has refused to fund for 8 years. The 9% some deputies saw, most only saw 3%, is what they got for the last 8 years of no raises whatsoever. Word is that they are good for politics but funding the agreed upon pay plan passed every year by the county council would not be good for the elected politicians. It’s a classic bait and switch each year to please the masses but never have to follow through
Sad part is the petition would have ensured that the county can’t keep lying about funding, they would actually have to do what they claim when they pass the budget. That’s why collective bargaining and binding arbitration is important. It ensures both sides hold up their end of the agreement via a third party who is only concerned about the agreement and abiding by it. As it stands now that doesn’t exist and any decision is made in back rooms with county employees hoping that promises are kept.
http://openjurist.org/946/f2d/278/rucker-v-harford-county-maryland-f-h-b-j-j, read and you see Stephen Bodway was involved with this. He now our Undersheriff, hummm Mikey.
http://articles.baltimoresun.com/1996-04-05/news/1996096050_1_harford-county-lawyer-fragments
But don’t fret Mikey, many of us still have your I mean his back, respect him and admire his resolve to maintain the post he has undertaken.
Well thanks for this little bit of history. What does it have to do with the Deputies Union pursuing a collective bargaining agreement?
Well Ralph, the tidbits of information or history as you call it have plenty to do with the arguments stated by both sides above. The history lesson refers to the first incident in recent history that a question arose if the Deputies who bravely protect us are State or County employees. And for the record, the argument above is quite refreshing as both sides have decent points and views and it’s not the usual hateful comments being thrown around in posts.
Kudos to the two main individuals discussing this. Pleasant change to see.
I agree that the discussion between SoulCrusher and Welsh is informative. Welsh seems to always stay away from hateful comments and provide reasonable explanations for his positions.