§ 801. County council to establish and maintain merit system; composition of exempt service.

At its first annual legislative session after the effective date of this Charter, the county council shall enact a county personnel law establishing a merit system of personnel administration. The county personnel law shall provide for the division of all employees in the county government into the classified and the exempt service, the latter to consist of:

(1)

All elected officials,

(2)

The county administrative officer, the zoning commissioner and deputies, and the heads of all offices and departments, (Bill No. 128, 1990, § 2; approved by voters Nov. 6, 1990; effective Dec. 7, 1990; Bill No. 13-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(3)

All employees of the department of education and all employees covered by the state merit system,

(4)

The members of the appeal tax court and all boards and commissions (except otherwise classified employees serving thereon ex officio),

(5)

All professional consultants performing temporary or part-time services,

(6)

All attorneys at law,

(7)

Not more than one confidential clerk or private secretary for the county executive, nor more than one for the county administrative officer,

(8)

All employees of the county council and the office of the county auditor, and

(9)

Such seasonal or occasional employees and such nonsupervisory employees paid on an hourly basis as may be specifically exempted from the effect of the county personnel law or from the plans, rules and regulations thereto.

The county council is further authorized to, and shall by law, provide for a system of binding arbitration by a neutral arbitrator to resolve disputes concerning wages, hours and other terms and conditions of employment arising out of the negotiation of a collective bargaining agreement (a) with the exclusive representative of the Baltimore County Police Officers and (b) with the exclusive representative of the Baltimore County Professional Fire Fighters and Paramedics. The county council is further authorized to provide by law a system of binding arbitration by a neutral arbitrator to resolve disputes concerning wages, hours and other terms and conditions of employment arising out of the negotiation of a collective bargaining agreement with the certified exclusive representatives of the remaining represented Baltimore County Merit System Employees. Any law so enacted shall prohibit strikes or work stoppages by police officers and fire fighters and paramedics and other Baltimore County Merit System Employees. (Binding arbitration for Police Officers, Fire Fighters and Paramedics petitioned to referendum; approved by voters Nov. 5, 2002; effective Dec. 5, 2002) (Binding arbitration for remaining Merit System Employees petitioned to referendum; approved by voters Nov. 2, 2010; effective Dec. 2, 2010) (Bill No. 72, 1968, § 1, approved by voters Nov. 5, 1968; Bill No. 101-96, § 1; approved by voters Nov. 5, 1996; effective Dec. 5, 1996)