§ 4-8-102. SPECIAL PERSONNEL RULES FOR POLICE AND FIRE DEPARTMENTS.
Special Rule No. 1. Definitions
Special Rule 1.01. Special rules are those rules which apply only to employees of the Police and Fire Departments.
Special Rule 1.02. Employees of the Police and Fire Departments, as set forth in 1.01, shall mean only those employees of such departments who shall take an oath of office administered by the Clerk of the Circuit Court for the county.
Special Rule 1.03. Reserved.
Special Rule 1.03a. [Repealed] Repealed by Bill No. 65-04, 2004, § 1.
Special Rule 1.03b. Hearing Board, when used in these Rules, shall refer to the Board convened by the Police Department in accordance with Title 3, Subtitle 1 of the Public Safety Article of the Annotated Code of Maryland (entitled Law Enforcement Officers' Bill of Rights) and the rules and regulations of the Police Department.
Special Rule 1.04. Summary or emergency suspension, where used in these Rules, shall mean a suspension of an employee, placed in effect immediately due to the nature of the situation regarding the suspension, and shall be effected by any ranking command officer of either the Police or Fire Department—its purpose being to permit a command officer to immediately deal with a situation which has occurred, and in which delay in time would be a detriment in the maintaining of proper discipline and morale.
Special Rule No. 2. Employment
Special Rule 2.01. Public announcement of proposed tests and acceptance of applications for employment in the Fire and Police Departments shall be posted on a bulletin board easily accessible to the general public in the Office of Human Resources.
Special Rule 2.02. Announcement of an opening or openings in the Fire and Police Departments shall be posted on the Office of Human Resources bulletin board for at least five (5) working days prior to the holding of the entrance examination administered by the Office of Human Resources.
Special Rule 2.03. All appointments made to the Fire or Police Department shall be made from qualified applicants. All applicants for employment in the Police Department shall not be less than twenty (20) years of age, except for police cadets, who shall be at least eighteen (18), but less than twenty-one (21), years of age at the time of appointment. All applicants for employment in the Fire Department must not be less than eighteen (18) years of age at the time of appointment.
Special Rule 2.04. Applicants for employment in the Police or Fire Department must pass a physical examination before a physician or physicians approved by the Administrative Officer. The applicant must be certified by the examining physician or physicians as being capable of meeting the physical, medical, and mental requirements established by the Chief of Police or Fire Chief, respectively, before appointment.
Special Rule 2.05. Applicants for employment in the Police or Fire Department shall be proven by investigation to be of good reputation, character, and morals prior to appointment.
Special Rule 2.06. Applicants for employment in the Police and Fire Departments must pass an entrance examination administered by the Office of Human Resources and must achieve a minimum passing grade to be established by the Director of Human Resources and the Chief of the respective department.
Special Rule 2.07. The Director of Human Resources shall prepare an eligible list of applicants who have successfully completed the written examination. The general average rating shall determine the order of relative standing of the applicant on the eligible list.
Special Rule 2.08. Lists of eligible applicants for employment in the Police Department or the Fire Department shall stand for a period determined by the Director of Human Resources. After the expiration of an eligible list, all applicants will be removed from consideration.
Special Rule 2.09. Persons on an eligible list or who have passed a prior examination, when a new examination for entrance applicants is called, shall be removed from consideration unless they apply for and take the new examination.
Special Rule 2.10. When vacancies occur in the Police or Fire Department, the Director of Human Resources shall, upon the request of the Chief of the respective department, certify from the eligible list a list of names equal to the number of vacancies to be filled. The Director of Human Resources must certify the applicants in numerical standing according to the general average rating scores.
Special Rule 2.11. The probationary period for all appointees to the Fire Department and Police Department shall be for a period of two (2) years from the date of appointment.
Special Rule 2.12. Entry level sworn employees of the Police and Fire Departments may be removed at any time during the new hire probationary period by the Chief of the respective department without right of appeal or hearing.
Special Rule 2.13. The Director of Human Resources may, upon written recommendation from the Chief of Police or Fire Department, reinstate former sworn employees of the ranks of police officer and police officer first class in the Police Department and the ranks of any rank below the rank of lieutenant within the Fire Department to the county service within twenty-four (24) months of the effective date of their resignation; provided, further, that such resignation is without prejudice and said employee has previously been certified as eligible for rehire. Such employee may be considered without further competition for the class from which he resigned, provided that a vacant position exists, subject to such reasonable inquiries into the background and physical status of the employee between the time of resignation and application for reinstatement as may be deemed appropriate by the Chief of Police or Fire Chief, respectively. If reinstated, such former employee shall receive pay comparable to that which was received at the time of resignation; provided, further, that such reinstated employee's anniversary date shall be the date of reinstatement. Time away shall be considered as leave without pay for the purposes of calculating service and longevity credit. The reinstated employee's sick leave balance at the time of resignation shall be restored, and other leave accruals shall be based on the adjusted service time. Benefits shall not be earned for the time away from county service.
Special Rule 2.14. Former sworn employees.
A.
Notwithstanding any other provision of these rules and subject to the conditions of this section, the Director of Human Resources, upon written recommendation from the Chief of Police, may hire former employees of the Police Department who previously have been separated from employment from any sworn position in the Department into the position of police officer within twenty-four (24) months of the effective date of their separation from employment if:
1.
The separation from employment is without prejudice; and
2.
The employee has previously been certified as eligible for rehire.
B.
The former sworn employee may be considered without further competition for the class of police officer, if a vacant position exists, subject to reasonable inquiries into the background and physical status of the employee between the time of separation from employment and application for rehire as may be deemed appropriate by the Chief of Police. The rehired employee's anniversary date shall be the date of rehire. Time away shall be considered as leave without pay for the purposes of calculating service and longevity credit. The rehired employee's sick leave balance at the time of resignation shall be restored unless it was used to determine the creditable service requirement, and other leave accruals shall be based on the adjusted service time. Benefits may not be earned for the time away from county service.
Special Rule No. 3. Resignation
Special Rule 3.01. Any employee intending to resign is expected to give adequate notice to his immediate superior.
Special Rule No. 4. Performance Evaluation of Employees
Special Rule 4.01. Employees of the Fire and Police Departments should be appraised at least once a year by their immediate superiors, and the results of such appraisals should be discussed with the employees being appraised. The purpose of these appraisals is to encourage employee growth and development.
Special Rule 4.02. The appraisal by the superior and any comments of the employee being appraised shall be forwarded through the employee's chain of command and maintained in the Department's personnel file for that employee.
Special Rule 4.03. The Director of Human Resources may issue appropriate appraisal forms to accomplish employee evaluation.
Special Rule No. 5. Civilian Employees
Special Rule 5.01. In order to promote high morale and discipline in the Police and Fire Departments, all civilian employees in both Departments shall be subject to the same orders, rules, regulations, and directives as all other members of the Police and Fire Departments, as far as the same are applicable, and shall be considered as exceptions to the county personnel act in matters pertaining to employment, promotion, discipline, suspension, and dismissal.
Special Rule No. 6. Suspensions (Reserved)
Special Rule No. 6A. Suspensions - Fire Department
Special Rule 6A.01. Any member of the Fire Department may be suspended for any act or failure to act which is a breach of any Department order, rule, regulation, or directive existing or as may be prescribed or issued from time to time by the Fire Chief; provided that each such order, rule, regulation, or directive has been issued in writing and made available to all personnel of the Department to which it applies.
Special Rule 6A.02. There shall be two (2) types of suspensions administered in the Fire Department: summary suspension and administrative suspension.
Special Rule 6A.03. A summary suspension shall be one placed in effect immediately due to the nature of the situation requiring the suspension and shall be effected by any ranking command officer in the Fire Department. A ranking command officer will be a Battalion Chief or higher in the Fire Department. The purpose of a summary suspension is to permit a command officer to immediately deal with a situation which has occurred and in which delay in time would be a detriment in the maintaining of proper discipline and morale.
Special Rule 6A.04. When a summary suspension is made, the suspending ranking command officer shall deliver a written report, through channels, to the designee of the Fire Chief within twenty-four (24) hours after the suspension has been invoked.
Special Rule 6A.05. Upon receipt of a written report of a summary suspension, the designee of the Fire Chief shall terminate or confirm the suspension immediately and, if confirmed, order the same to continue pending a complete and thorough investigation of the facts involved. In no instance shall the designee of the Fire Chief continue the suspension for more than an additional fifteen (15) calendar days.
Special Rule 6A.06. When a summary suspension is continued, an investigative report of the circumstances surrounding the invoking of the summary suspension shall be made to the Fire Chief by the designee of the Fire Chief, with a recommendation that:
(1)
The employee be reinstated with all pay and privileges restored; or
(2)
A disciplinary penalty be imposed as outlined in Special Rule 6A.08 below; or
(3)
Charges and specifications be filed against the employee.
Special Rule 6A.07. The Fire Chief may accept, reject, or modify the recommendations of the designee of the Fire Chief. The Fire Chief shall impose any or all disciplinary penalties prescribed in Special Rule 6A.08 below with the approval of the Administrative Officer.
Special Rule 6A.08. A disciplinary penalty prescribed in cases of summary suspension may be any one (1) or combination of the following:
(1)
Forfeiture of vacation leave or any part thereof not to exceed vacation leave earned in one (1) calendar year.
(2)
Forfeiture of "off days."
(3)
Assignment to additional duty or special detail.
(4)
Transfer within the department.
(5)
That the employee remain in suspended status for a fixed number of days not to exceed fifteen (15) calendar days from the time the summary suspension was invoked.
Special Rule 6A.09. Charges and specifications shall be filed in any instance where the disciplinary action listed in Special Rule 6A.08 does not suffice and that the infraction committed by the suspended employee is of such a serious nature that a penalty more severe than that set forth in Special Rule 6A.08 is contemplated.
Special Rule 6A.10. If the Fire Chief approves the recommendation that charges and specifications shall be filed against the employee, the Fire Chief shall file such charges and specifications setting forth in writing the violation or infraction of any directive, order, or procedure alleged to have been committed by the employee.
Special Rule 6A.11. After the official filing of charges and specifications the Fire Chief may continue the summary suspension for a period not to exceed thirty (30) calendar days, which period shall be in addition to the original fifteen-calendar-day suspension.
Special Rule 6A.12. The employee against whom charges and specifications have been filed shall be notified of such action by forwarding a copy of the charges and specifications at the employee's last-known address, as contained in the records of the Fire Department.
Special Rule 6A.13. Any employee suspended shall be relieved of all official duties, placed in a leave-without-pay status and shall surrender all official equipment and identification issued to him by the Department.
Administrative Suspension
Special Rule 6A.14. Any Fire Department employee may be suspended for any act or failure to act which is deemed a breach of discipline, order, rule, regulation, or directive, existing or as may be issued from time to time by the Fire Chief, provided the order, rule, regulation, or directive has been issued in writing and made available to all Fire Department personnel.
An administrative suspension shall be one placed in effect only by the Fire Chief, and shall be predicated upon the fact or facts involving an infraction of order, rule, regulation, or directive coming to the Fire Chief's attention subsequent to the commission of the infraction. The Fire Chief may invoke the same disciplinary steps provided for in Special Rule 6A.08, and the procedure to be followed shall be the same.
Whenever any disciplinary action other than the filing of charges and specifications is imposed by the Fire Chief after a thorough investigation, a copy of his investigative report and subsequent application of a disciplinary penalty shall be forwarded in writing to the Administrative Officer for approval.
Special Rule 6A.15. A written record of any disciplinary action imposed on any member of the Fire Department shall be made in the employee's next annual performance rating.
Special Rule 6A.16. No employee under suspension will be considered eligible for promotion. However, any employee under suspension shall be eligible to take an examination for promotion.
Special Rule 6A.17. Failure of the employee charged to appear at any disciplinary hearing on the date, time, and place prescribed shall not prevent the Disciplinary Panel or officer from hearing all of the evidence in the case and making findings based on evidence presented.
Special Rule 6A.18. Any employee who resigns after charges and specifications have been filed against him shall be ineligible for reemployment or reinstatement in the Fire Department.
Special Rule 6A.19. If an employee of the Fire Department is charged with a criminal offense, the Fire Chief shall promptly order:
(1)
That the employee may continue to perform departmental duties; or
(2)
That the employee be transferred to administrative duties pending the resolution of the criminal charges; or
(3)
That the employee be suspended without pay pending resolution of the criminal charges. Any employee suspended without pay shall be relieved of all official duties and placed in a leave without pay status. The employee shall surrender all official equipment and identification issued by the Department. If the employee suspended without pay is found innocent of the criminal charges, the employee shall be reinstated with all pay and privileges restored.
Special Rule 6A.20. Irrespective of what action is taken by the Fire Chief pursuant to Special Rule 6A.19, charges and specifications may be filed and any disciplinary proceeding may be held prior or subsequent to the disposition of the criminal charges filed against the employee.
Special Rule 6A.21. The Fire Chief, when determining the action to be taken regarding an officer pursuant to Special Rule 6A.19, shall consider the best interests of the public, the criminal justice system, the Department and the employee.
Special Rule 6A.22. For bargaining unit employees in the Fire Department, appeals of the disciplinary process may be handled in accordance with provisions in the current memorandum of understanding between the Baltimore County administration and the Baltimore County Professional Fire Fighters Association I.A.F.F. Local 1311.
Special Rule No. 6B. Suspensions - Police Department
Special Rule 6B.01. Title 3, Subtitle 1 of the Public Safety Article of the Annotated Code of Maryland (the Law Enforcement Officers' Bill of Rights (LEOBR)) contains specific procedures to be followed whenever a law enforcement officer is under investigation or subjected to interrogation for any reason which could lead to disciplinary action. The procedures in the LEOBR that currently exist, or as the LEOBR may be amended, shall be followed.
Special Rule 6B.02. When a law enforcement officer is the subject of an emergency suspension pursuant to the LEOBR, the officer shall receive a prompt suspension review by an officer of the rank of major or higher, as provided in the rules and regulations of the County Police Department.
Special Rule 6B.03.
(a)
In the event the Emergency Suspension Review Officer determines that the suspension was not justified and that the officer should be returned to duty and the Chief approves the recommendation, the period of suspension shall be with pay.
(b)
In the event the Emergency Suspension Review Officer determines that the suspension was justified but the officer should be returned to duty and the Chief approves the recommendation, the period of suspension shall be with or without pay in accordance with § 3-101 of the Public Safety Article of the Annotated Code of Maryland, as from time to time amended.
(c)
In the event the Emergency Suspension Review Officer determines that the suspension was justified and recommends that the officer should not be returned to duty and the Chief approves the recommendation, the period of suspension shall be without pay. In this event a prompt hearing as provided in the LEOBR shall be conducted.
(d)
The Chief may accept, reject, or modify the recommendation of the Suspension Review Officer.
(e)
Irrespective of the action taken pursuant to (a), (b), (c), or (d) of this special rule, the conduct that caused the emergency suspension to be imposed may result in charges being filed and a disciplinary hearing held as provided in the LEOBR.
Special Rule 6B.04. When the Chief of Police administratively suspends an employee pursuant to Special Rule 1.06, the suspension shall be without pay. A Hearing Board shall be promptly convened pursuant to the LEOBR to hear the charges that constituted the basis for the administrative suspension.
Special Rule 6B.05. If a law enforcement officer is charged with a criminal offense, the Chief of Police shall promptly order:
(a)
That the officer may continue to perform police duties; or
(b)
That the officer be transferred to administrative duties pending resolution of the criminal charges; or
(c)
That the officer be suspended without pay pending resolution of the criminal charges. Any officer suspended without pay shall be relieved of all official duties, except testifying in any pending matters, and placed in a leave-without-pay status. The officer shall surrender all official equipment and identification issued by the Department. If the officer suspended without pay is found innocent of the criminal charges, the officer shall be reinstated with all pay and privileges restored.
Special Rule 6B.06. Irrespective of what action is taken by the Chief pursuant to Special Rule 6B.05, a disciplinary hearing may be held as provided in the LEOBR prior or subsequent to the disposition of the criminal charges filed against the officer.
Special Rule 6B.07. The Chief of Police, when determining the action to be taken regarding an officer pursuant to Special Rule 6B.05, shall consider the best interest of the public, the criminal justice system, and the officer.
Special Rule 6B.08. Any officer who resigns after charges and specifications have been filed against him or who is dismissed by order of the Chief after a hearing pursuant to the LEOBR shall be ineligible for reemployment or reinstatement in the Police Department.
Special Rule No. 7. Promotions
Special Rule 7.01. To be eligible for promotion to the next rank above the one the member of the Fire or Police Department currently holds, the employee must meet the promotional requirements prescribed from time to time by the Department Chief and the Director of Human Resources.
Special Rule 7.02. The Director of Human Resources shall cause to be issued and publicly displayed announcement of all proposed written promotional examinations, and such announcements shall specify the title and salary range of the class for which the examination is announced; the time, place, and manner of making applications; qualifications for requirements for admission to the tests; and other pertinent information.
Special Rule 7.03. Written promotional examinations for the Police or Fire Department shall be conducted by the Office of Human Resources. Such promotional examinations must be given in a manner to code the identity of each employee taking such examination.
Special Rule 7.04. The Office of Human Resources shall document an electronic or manual process for the identification of applicants' written scores that is subject to oversight or review by representatives of the Administrative Officer, members of the Personnel and Salary Advisory Board, and a designee of the appointing authority for which the examination was given.
Special Rule 7.05. Employees taking promotional fitness tests shall be required to attain at least such minimum score in the written examination as shall be established by the Director of Human Resources and the Chief of Police or Fire Chief, before other credits will be considered. When the minimum score required in the written examination is not attained by an employee, the employee shall be considered to have failed promotional fitness tests; and any other component parts of the promotional fitness test will not be rated. No employee shall be placed on the promotional list whose general average is less than seventy (70) on a scale of one hundred (100). The general average rating shall determine the order of relative standing of the employee on the promotional list.
In the Police Department, ties will be decided:
(1)
By seniority within the Department, measured from the date of appointment to the Department, and seniority ties will be decided by the employee whose surname comes first in the alphabet; however
(2)
Positions up to and including the rank of Captain will be decided as provided for in the memorandum of understanding between the county and the Fraternal Order of Police in effect at the time the list was established by the Office of Human Resources.
In the Fire Department, ties for vacant positions up to and including the rank of Battalion Fire Chief will be decided as provided in the memorandum of understanding between Fire Department personnel and the county in effect at the time of filling the vacancy. Provided, further, that ties for vacant positions above the rank of Battalion Fire Chief will be decided in the same manner as prescribed in paragraph (1) above for the Police Department.
Special Rule 7.06. When a vacancy is to be filled in the Police or Fire Department, the Department Chief shall request the Director of Human Resources to certify the names of the persons eligible for promotion. The Director of Human Resources shall certify the names of the three (3) numerically highest employees on the promotional eligibility list for the rank in which the vacancy exists; provided that in case more than one (1) vacancy is to be filled, the number of names certified shall be two (2) greater than the number of vacancies. The Department Chief, in his written request for certification, may specify qualifications of a special nature of candidates for appointment to the position; that is to say, qualifications relating to specialized training, experience, or knowledge involving factors of a special nature required in the position and not required of all positions in the class. Upon any such request for selective certification as outlined above, the Director of Human Resources shall certify the names of the three (3) numerically highest employees on the promotional list possessing such qualifications of a special nature as are required for the rank in which the vacancy exists; provided that in case more than one (1) such vacancy is to be filled, the number of names certified shall be two (2) greater than the number of vacancies.
Special Rule 7.07. Eligibility lists for promotion in the Police Department shall remain in effect for one (1) year from the date of establishment. Eligibility lists for promotion in the Fire Department shall remain in effect until exhausted, but not for a period of more than two (2) years from the date of establishment.
Special Rule 7.08. All promotions of sworn personnel within the Police Department shall be subject to the condition that the individual satisfactorily complete a probationary period of nine (9) months. The Chief of Police, subject to the approval of the Director of Human Resources, may grant a three-month extension of the probationary period.
Special Rule No. 8. Sick Leave
Special Rule 8.01.
A.
Sick leave is provided for absences caused by actual non-work-related illnesses or injuries, necessary medical, dental, or optical appointments or treatments, or confinement due to quarantine as determined by an authorized medical authority. Absences are to be used for the employee's illnesses, injuries, appointments, or quarantines only, except that sick leave may be used pursuant to Special Rules 12.04 and 12.05, under the Special Rule, "Other Leaves," in these rules.
B.
Absences for work-related illnesses or injuries shall be governed by Special Rule 12.03 under the Special Rule, "Other Leaves," in these rules and regulations.
Special Rule 8.02. All employees of the Police Department will earn sick leave at the rate of fifteen (15) days per year; except that beginning January 1, 2013, all employees on pay schedule VII will earn sick leave at the rate of eleven (11) days per year. All employees of the Fire Department will earn sick leave at the rate of twelve (12) days per year. There shall be no limit on the number of sick leave days that may be accrued.
Special Rule 8.03. In order to be eligible to receive sick pay, an employee or his representative must notify his immediate superior of his absence due to illness or injury as early as possible on the first day of his disability. The Director of Human Resources may require that a statement be obtained from a licensed physician as to the nature of the disability.
Special Rule 8.04.
A.
Upon written recommendation from the Chief of Police or Chief of the Fire Department, the Director of Human Resources may grant unearned sick leave to an employee at full pay. Recommendation for unearned sick leave must be accompanied by a written statement from the employee's physician, and if deemed necessary, additional statements may be required at any time during the period of unearned sick leave.
B.
Unearned sick leave may be advanced only after the employee has first used all regularly accumulated sick, vacation, compensatory, and personal leave.
C.
The maximum extension allowable shall be thirty (30) days. In the event of unusual circumstances causing hardship to an employee, the administrative officer may approve the advance of unearned sick leave beyond the limits as prescribed in this rule.
D.
An employee who has been advanced unearned sick leave shall pay back the unearned sick leave with regularly earned sick leave after the employee returns to work.
E.
All unearned sick leave must be paid back before the employee shall be permitted to accrue earned sick leave.
F.
If an employee terminates while still carrying a negative sick leave balance, the unearned leave extension (up to a maximum of thirty (30) days) and any anticipated leave used must be paid back to the county, either in cash, as a deduction from the final paycheck, or from the employee's retirement system account.
G.
All unearned sick leave shall be subject to review by the Personnel and Salary Advisory Board.
Special Rule No. 9. Personnel Records and Forms
Special Rule 9.01. The Director of Human Resources shall issue from time to time such personnel forms or documents as he deems necessary for the efficient functioning of the Office of Human Resources.
Special Rule 9.02. The Chiefs of the Fire and Police Departments will be required to comply with any requests for information made by the Director of Human Resources through the use of such forms or records.
Special Rule 9.03. The Director of Human Resources shall keep a personnel folder on every employee in the Fire and Police Departments, showing at least the employee's name, current address, home telephone, education, employment record, and service record.
Special Rule No. 10. Veterans Preference
Special Rule 10.01. Applicants for employment in the Fire and Police Departments shall be allowed veterans preference in appointments as required by the laws of the state; provided that such preference shall, in the case of a tie in examination ratings involving a veteran and a nonveteran, require that the veteran shall be placed ahead of the nonveteran on the employment list.
Special Rule 10.02. Employees of the Fire and Police Departments who leave the county service for entry into the Armed Forces of the United States shall, upon honorable separation, be reinstated in such position or be given a position as nearly as possible involving like duties, classification, and pay, provided application for such reemployment is made within ninety (90) days of the date of honorable separation, and the employee is still qualified to perform the duties of such position.
Special Rule No. 11. Leave Without Pay
Special Rule 11.01.
A.
The Director of Human Resources, upon written recommendation by the Chief of the Fire or Police Department, may approve leaves without pay for periods of up to one (1) year to employees presenting valid and sufficient reasons for such leaves. Request for leave in excess of thirty (30) days must be made by the employee in writing. Employment elsewhere may terminate such leave.
B.
The Director of Human Resources shall approve a leave without pay for military duty for a period of up to 5 years. A request for a military leave of absence must be in writing.
Special Rule No. 12. Other Leaves
Special Rule 12.01.
A.
All employees requesting military leave to fulfill reserve obligations in the Armed Forces of the United States or in the National Guard of the state shall be granted not in excess of fifteen (15) days annually for such purposes. Such leave will not be charged against the employee's regular leave, and the employee will be paid his full pay during such absence.
B.
1.
All employees who receive an involuntary order to active duty shall be granted leave. This leave will not be charged against the employee's earned vacation. If the employee's absence on active duty exceeds thirty (30) days of continuous service, the employee shall receive such pay during the absence as when combined with active duty military pay equals full county pay and, during the absence, the employee's health, life insurance, and retirement benefits shall not be diminished, and the county shall pay the employee's share of the health insurance and life insurance premium. However, the employee will not accrue any leave during the absence.
2.
An employee who receives an involuntary order to active duty in response to Hurricane Katrina or Hurricane Rita, or both, is eligible for the benefits of subparagraph 1 of this paragraph even if the employee's absence on active duty is less than thirty-one (31) days of continuous service.
Special Rule 12.02. In order to protect the public health, safety, and welfare, employees of the fire and police departments are required to work those hours or days as directed by the Chief of the appropriate Department in an order, rule, regulation, or directive issued by him verbally or in writing, at their regular rate of pay, and regardless of whether such work days fall on holidays.
Special Rule 12.03.
A.
When an employee suffers a disability resulting from an accident or illness found to be compensable under the state Worker's Compensation Act, said employee shall be allowed leave not to exceed twelve (12) months. If otherwise eligible, said leave shall begin on the next scheduled day following the day of the accident. Payment, while on leave for this reason, shall be the amount calculated individually which will result in said employee receiving as close as practicable to their normal net pay.
B.
Every application form for such leave shall contain a statement by the employee, affirmed by his supervisor, setting forth the details of the accident or illness and supported by the certificate of a licensed physician setting forth the nature and extent of the injury or illness and the probable period of disability.
C.
Every leave granted under these rules shall be recorded on the employee's leave record card but shall not be charged to any other type of leave.
D.
Only probationary or classified employees shall be eligible for such leave under the provisions of these rules. Other employees shall be paid in accordance with the provisions of the state Worker's Compensation Act only.
E.
If incapacitated for the employee's regular assignment, the employee may be given other duties with the county government for the period of recuperation. Unwillingness to accept such assignment as directed by the employee's department head or the County Administrative Officer will make the employee ineligible for leave under this regulation during the time involved.
F.
Physicians who regularly examine employees as official physicians for the county employees' retirement system shall determine the physical ability of the employee to continue working or to return to work. If it is determined by the examining physicians that the employee will never be able to return to work, he shall be required to apply for physical retirement under the appropriate retirement plan.
Special Rule 12.04. In this rule immediate family means the spouse, child, legal dependent, or parent of the employee. An employee may use up to a total of five (5) days of earned sick leave per calendar year for illness in the immediate family. With the approval of the Director of Human Resources, additional sick leave may be used for illness in the immediate family. The employee is required to submit a statement to the employee's supervisor stating the relationship of the ill member of the immediate family, the nature of the illness and the necessity for assisting the ill member of the immediate family.
Special Rule 12.05. Upon taking physical custody of a child who is intended to be adopted, an employee, who is the person primarily responsible for the care and nurturing of the child, may use up to thirty (30) days of earned sick leave for the care of the adopted child. In the event that both parents are county employees, they may designate who is to be the person primarily responsible for the care and nurturing of the child or they may divide the use of thirty (30) days of earned sick leave for the care of the adopted child between themselves. The Director of the Office of Human Resources shall apply this regulation to any employee who, subsequent to December 1, 1986, took continuous alternative leave following the adoption of a child.
Special Rule 12.06. An employee who shall serve as a member of any jury shall be permitted to be absent from his duties during such service without any loss of pay and without charge against any leave credits.
(1988 Code, § 25-127) (Bill No. 17, 1990, §§ 1, 2, 4-13-1990; Bill No. 130-93, § 1, 12-18-1993; Bill No. 92-95, § 3, 7-1-1995; Bill No. 53-97, § 4, 7-1-1997; Bill No. 123-98, § 3, 11-20-1998; Bill No. 35-99, §§ 8, 9, 7-1-1999; Bill No. 43-00, §§ 7, 8, 7-1-2000; Bill No. 39-01, §§ 7-9, 7-1-2001; Bill No. 118-01, § 1, 2, 1-11-2002; Bill No. 52-02, § 4, 7-1-2002; Bill No. 121-02, § 2, 1-24-2003; Bill No. 26-03, § 1, 4-25-2003; Bill No. 71-03, § 6, 7-1-2004; Bill No. 65-04, § 2, 7-12-2004; Bill No. 73-04, § 11, 9-25-2004; Bill No. 2-05, 2, 2-20-05; Bill No. 42-05, § 1, 5-15-2005; Bill No. 97-05, § 1, 10-16-2005; Bill No. 107-05, § 1, 10-18-2005; Bill No. 56-07, § 1, 9-17-2007; Bill No. 28-13, § 1, 6-5-2013)
Annotation:
Former § 354 of the code (1955) cited in Director of Finance for Baltimore County v. Myers, 232 Md. 213, 192 A.2d 278 (1963).Editor's note:
Section 2 of Bill 26-03 provides that § 5 of Bill 121-02 is repealed.
Section 3 of Bill 26-03 provides that Bill 26-03 shall be construed retroactively so that employees on active duty in accordance with Personnel Rule 24.01B and Special Rule 12.01B shall receive the benefits provided by the bill without diminution of benefits from January 1, 2003 until the effective date of Bill 26-03 (April 25, 2003).
Section 2 of Bill 107-05 provides that Bill 107-05 shall be construed retroactively so that employees on active duty in accordance with Personnel Rule 24.01B.2. and Special Rule 12.01B.2. shall receive the pay and benefits provided within those Rules without diminution of benefits from August 29, 2005 until the effective date of Bill 107-05 (October 18, 2005).
Section 4 of Bill 28-13 provides that Section 1 of this Act shall take effect as provided in Section 6 of this Act retroactive to January 1, 2013.