MEMORANDUM

TO: City Council

FROM: David J. Deutsch, City Manager

SUBJECT: Ordinance Regarding Police
Personnel Matters O-2-07

DATE: December 28, 2006

Ordinance O-2-07 is slated for introduction on January 2, 2007 and Council action on January 16, 2007. It is labeled as an emergency ordinance so that it will be effective immediately, instead of the typical 30-day period following Council action. The Ordinance is needed to provide clarity in cases where the Personnel Code establishes a policy, but the management of a police department requires a different approach. For example, a six-month probationary period is the standard for City employees, whereas a one-year probation period is the norm for police.

There is also language in the Ordinance which recognizes the role of the Law Enforcement Officers’ Bill of Rights (LEOBR) regarding employee discipline. The LEOBR legislation is attached for reference.

DJD/asf

Attachments

EMERGENCY ORDINANCE
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND,
AMENDING CHAPTER 2, “ADMINISTRATION”, ARTICLE II, “PERSONNEL SYSTEM”, IN ORDER TO PROVIDE FOR PERSONNEL REGULATIONS PERTAINING TO THE CITY’S SWORN POLICE PERSONNEL THAT MAY DIFFER IN CERTAIN RESPECTS FROM THE REGULATIONS PERTAINING TO OTHER CITY EMPLOYEES.

WHEREAS, pursuant to Article 23A of the Annotated Code of Maryland, the Council of the City of Bowie, Maryland (the “City Council”) has the authority to pass such ordinances as it deems necessary to preserve peace and good order, to secure persons from danger and destruction and to protect the health, comfort and convenience of the citizens of the municipality; and

WHEREAS, pursuant to this authority, the City Council has enacted certain regulations pertaining to City employment, which are codified in Chapter 2, “Administration”, of the City Code; and

WHEREAS, the current employment regulations were enacted prior to the establishment of the City’s police department and do not reflect the different circumstances that apply to police personnel in some instances, including but not limited to disciplinary matters which may be governed by the Law Enforcement Officers Bill of Rights, Md. Code Ann., Pub. Safety Art., Title 3, Subtitle 1; and

WHEREAS, it is the desire and intent of the City Council to amend the personnel regulations contained in Chapter 2 of the City Code in certain respects to provide different provisions for sworn police personnel in certain circumstances.

Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Council of the City of Bowie, Maryland that Chapter 2, “Administration,” Article II,

“Personnel System,” Division I, “Generally”, Section 2.5, “Definitions”, of the City Code be and is hereby amended to read as follows:

Sec. 2.5. Definitions.
For purposes of this Chapter, the terms set forth below are defined as follows:
* * *
4. Probationary Period. EXCEPT FOR SWORN POLICE PERSONNEL, a period of 180 calendar days from the date on which an employee initially enters [on duty as an appointee to a] full time or part time EMPLOYMENT [position] WITH THE CITY or any extension thereof. WITH RESPECT TO SWORN POLICE PERSONNEL, A PERIOD OF 365 CALENDAR DAYS FROM THE DATE ON WHICH AN EMPLOYEE INITIALLY ENTERS FULL-TIME OR PART-TIME EMPLOYMENT WITH THE CITY OR ANY EXTENSION THEREOF.
* * *
Section 2. BE IT FURTHER ORDAINED AND ENACTED, by the Council of the City of Bowie, Maryland that Chapter 2, “Administration,” Article II, “Personnel System,” Division 2, “City Manager”, Section 2-12, “Duties”, of the City Code be and is hereby amended to read as follows:

Sec. 2-12. Duties.
The City Administrator shall:
* * *
(b) SUBJECT TO THE TERMS OF THE LAW ENFORCEMENT OFFICERS BILL OF RIGHTS WITH RESPECT TO POLICE PERSONNEL, Appoint and remove all subordinate officers and employees of the City in accordance with the rules and regulations of any merit system which may be adopted by the Council.
* * *
Section 3. BE IT FURTHER ORDAINED AND ENACTED, by the Council of the City of Bowie, Maryland that Chapter 2, “Administration,” Article II, “Personnel System,” Division 6, “Suspension, Dismissal, Demotion and Resignation”, 2-34, “Personnel system employees; discipline”, 2-35, “Suspension”, 2-36, “Demotion”, 2-37, “Dismissal”, 2-38, “Procedure for hearing cases of removal, suspension or demotion. Appeal Board created”, 2-39, “Resignations; severance pay”, 2-39A, “Reemployment”, be and are hereby amended to read as follows:

Sec. 2-34. Personnel system employees; discipline.
SUBJECT TO THE TERMS OF THE LAW ENFORCEMENT OFFICERS BILL OF RIGHTS WITH RESPECT TO POLICE PERSONNEL, Whenever an employee's performance is deficient or whenever an employee violates any applicable provision of this Chapter, it is the duty of the employee's supervisor to point out the deficiencies or violations to the employee. Except for the conduct set forth in Section 2-37(b) oral or written warning with a sufficient time for improvement should, wherever possible, precede formal discipline.

Sec. 2-35. Suspension.
SUBJECT TO THE TERMS OF THE LAW ENFORCEMENT OFFICERS BILL OF RIGHTS WITH RESPECT TO POLICE PERSONNEL, The City Manager, Department Head or authorized supervisory personnel may for disciplinary purposes suspend an employee without pay for a period not to exceed thirty (30) days. Whenever possible, employees shall be given written notice as to the cause for the action prior to suspension. Employees may appeal a suspension in accordance with Section 2-38 of this Chapter.

Sec. 2-36. Demotion.
SUBJECT TO THE TERMS OF THE LAW ENFORCEMENT OFFICERS BILL OF RIGHTS WITH RESPECT TO POLICE PERSONNEL, Where the action or performance of an employee does not warrant dismissal, or where the nature of the work required of the employee warrants such action, the City Manager may reduce an employee to an established position in a lower grade or class subject to the appeal rights set forth in Section 2-38 of this Chapter.

Sec. 2-37. Dismissal.
(a) SUBJECT TO THE TERMS OF THE LAW ENFORCEMENT OFFICERS BILL OF RIGHTS WITH RESPECT TO POLICE PERSONNEL, The City Manager may dismiss an employee for cause. If the employee has attained regular employment status, the employee shall have rights of appeal. Dismissal shall be initiated by written recommendation of the Department Head to the City Manager with a copy to the Personnel Officer and the employee. The written notice shall contain a description of the grounds for dismissal and shall provide that the employee is suspended with or without pay pending termination. If requested by the employee, within forty-eight hours of receipt of written notice, the Personnel Officer will meet with the employee within five days of the date of the Department Head's written recommendation of dismissal. The employee may bring a representative to the meeting with the Personnel Officer, and will be given an opportunity to respond to the grounds for the recommended dismissal. The Personnel Officer will provide written notice of the decision to accept or reject the recommended dismissal within five working days after meeting with the employee. If the employee is discharged, the written notice will inform the employee of the right to appeal the termination. A copy of all documents relating to the termination and any response shall be filed in the employee's permanent personnel record.
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Sec. 2-38. Procedure for hearing in cases of removal, suspension or demotion; appeal board created.
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(G) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY SWORN POLICE PERSONNEL SUBJECT TO THE TERMS OF THE LAW ENFORCEMENT OFFICERS BILL OF RIGHTS.

Section 4. BE IT FURTHER ORDAINED AND ENACTED, by the Council of the City of Bowie, Maryland that Chapter 2, “Administration,” Article II, “Personnel System,” Division 7, “Benefits – Leave, Insurance, Retirement, Etc.”, Section 2-45. Vacation Leave”, be and is hereby amended to read as follows:

Sec. 2-45. Vacation leave.
* * *
(g) Probationary employees may accrue vacation leave but may not use it until successful completion of the probationary period, EXCEPT THAT SWORN POLICE DEPARTMENT PERSONNEL WITH ONE-YEAR PROBATIONARY PERIODS MAY USE ACCRUED VACATION LEAVE AFTER SIX MONTHS OF EMPLOYMENT.
Section 5. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the City of Bowie that an emergency exists arising from the urgent need to hire police personnel. Because an emergency exists, this Ordinance is hereby declared to be an Emergency Ordinance by the unanimous vote of the Council pursuant to the authority contained in Section 12(a) of the City Charter and, therefore, this Ordinance shall become effective immediately upon its adoption, provide that a fair summary thereof is published at least once as soon as practicable after the date of passage in a newspaper having general circulation in the City.

INTRODUCED by the Council of the City of Bowie, Maryland at a regular meeting on the 2nd day of January, 2007.
PASSED by the Council of the City of Bowie, Maryland at a regular meeting on the 2nd day of January, 2007.

ATTEST: THE CITY OF BOWIE, MARYLAND

By:

_____________________
Pamela A. Fleming
City Clerk


_____________________
G. Frederick Robinson
Mayor

APPROVED AS TO FORM AND SUFFICIENCY:

______________________________
Robert H. Levan, City Attorney