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Maryland Code, Courts and Judicial Proceedings § 2-335

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(a) This section applies only in Washington County.

(b) The Sheriff of Washington County shall receive an annual salary of the greater of:

(1) $100,000;  or

(2) The salary set by the County Commissioners of Washington County under Title 28, Subtitle 2 of the Local Government Article.

(c) The Sheriff shall appoint a chief deputy at a salary level set by the County Commissioners.

(d)(1) The Sheriff may appoint deputy sheriffs and other personnel necessary to perform the duties of office at salary levels set by the County Commissioners in accordance with the county's budgetary process.

(2)(i) Any deputy sheriff appointed according to this subsection:

1. Shall be placed on a probationary status for the first 2 years of the deputy sheriff's employment;  and

2. May be dismissed by the Sheriff for any reason during that probationary period.

(ii) At the conclusion of continuous employment for 2 years, a deputy sheriff having the rank of major or below:

1. Has tenure;  and

2. May be discharged by the Sheriff only for misfeasance, malfeasance, nonfeasance, or insubordination in office.

(3) If the Sheriff approves after considering personnel needs, the County Commissioners may authorize a deputy sheriff to perform off-duty services for any person who agrees to pay a fee, including hourly rates for off-duty service, any necessary insurance to be determined by the County Commissioners, any fringe benefits, and the reasonable rental cost of uniforms or other equipment used by any off-duty personnel.

(e)(1) The Sheriff may appoint special deputy sheriffs, including members of the police force of a Washington County municipality who are:

(i) Selected by the chief of police of the municipality;  and

(ii) Verified by the chief of police of the municipality as having achieved at least the minimum level of training for police duties in a municipality as designated by the Maryland Police Training and Standards Commission.

(2) The appointment of special deputy sheriffs is subject to the following conditions:

(i) The Sheriff shall assign the special deputy sheriff who is a member of the police force to duties in the municipality where the special deputy sheriff is a member of the police force or to duties in other areas of the county, including:

1. Performing a vehicle traffic stop resulting from the special deputy sheriff's observation that the operation of the vehicle endangered human life;

2. Stabilizing a traffic situation that is endangering human life;

3. Stabilizing an emergency situation that involves the potential for loss of human life, bodily injury, or damage to property;

4. Responding as an initial responder or an emergency responder after being dispatched by the Washington County Emergency Communications Center to a location outside the special deputy sheriff's jurisdiction but which the Emergency Communications Center believed was in the special deputy sheriff's jurisdiction;

5. Responding to an emergency under a Mutual Aid and Assistance Agreement to which a municipality and the Sheriff's Office are parties and which is in effect at the time of the response or under a mutual aid agreement under § 2-105 of the Criminal Procedure Article if the special deputy sheriff is in compliance with the agreement;

6. Serving on a task force that is jointly operated by a municipal police department and the Sheriff's Office;  or

7. Serving on a special response team that has been activated for a response outside the special deputy sheriff's jurisdiction;

(ii) The Sheriff may terminate the appointment of the special deputy sheriff for cause or on completion of the assignment for which the special deputy sheriff was appointed;

(iii) The special deputy sheriff is not an employee of the county for the purpose of employment security or employee benefits;  and

(iv) County liability insurance may be provided to a special deputy sheriff.

(3) Except as provided in paragraph (2)(i) of this subsection, designation as a special deputy sheriff does not authorize the special deputy sheriff to perform law enforcement duties outside the special deputy sheriff's jurisdiction.

(4) A special deputy sheriff is under the authority of the Sheriff while the special deputy sheriff is performing duties as a special deputy sheriff.

Cite this article: - Maryland Code, Courts and Judicial Proceedings § 2-335 - last updated December 31, 2021 |

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