The Harford County Deputy Sheriff's Union is still working to get petition signatures to put a charter amendment for collective bargaining rights for deputies on the November ballot, despite disagreement between union and Harford County government lawyers about the legal process for getting those rights approved.
"Absolutely, yes," union president Mike Montalvo said Wednesday when asked if members are still working to get signatures.
"Most people have been willing to sign the petition," he added.
Union members must get at least 10,000 signatures by Aug. 8 to get the issue of collective bargaining with binding arbitration on the November general election ballot. They are working to get the matter approved as an amendment to the Harford County Charter.
The county's Law Department, however, advised the union and their attorney, Michael Marshall, of Baltimore, that state enabling legislation is necessary before changing county regulations to allow union leaders to negotiate pay and benefits with the county government, and then having the agreements codified in a contract.
"The sheriff and his deputies are state constitutional employees and therefore we notified the sheriff, the union and their legal representative that state enabling legislation would be necessary before any further steps could be taken locally," Harford County government spokesperson Cindy Mumby wrote in an email Tuesday.
Marshall, who is with the firm of Schlachman, Belsky & Weiner in Baltimore, said Wednesday that he has contacted the Maryland Department of Legislative Services in Annapolis for input.
Legislative Services staffers provide information on matters such as legal research, policy analysis and state budgets, according to the agency's website.
"I'm not going to tell them to stop [gathering signatures] until I get a definitive answer," Marshall said.
Several police unions in Maryland have obtained collective bargaining rights through local ballot initiatives, Marshall noted. Some in municipalities, such as the City of Laurel, obtained them through the local mayor and city council.
Deputies with the Charles County Sheriff's Office obtained the right to negotiate pay and benefits with the county commissioners by state legislation. Senate Bill 390, sponsored by Charles County Democratic Sen. Thomas "Mac" Middleton, was introduced and passed by the Senate and House of Delegates during the 2016 General Assembly session and is due to take effect Oct. 1.
Harford deputies, and their supporters, will keep seeking signatures until attorneys on both sides have a concrete answer, Montalvo said.
"People that don't work for the Sheriff's Office, just regular citizens, have reached out to the union asking if they can help circulate forms and get signatures," he said.
Marshall said he might seek a declaratory judgment in Circuit Court, if a clear answer is not available.
"It's not a combative type of thing, it's just that we don't know the answer," he said of court action. "I'm hopeful that I can get some feedback from the Department of Legislative Services on the questions."
Police officers in Baltimore County, Harford's neighbor, have had collective bargaining and binding arbitration rights since 1977.
"If the employees have a say in how the work is done, the employer is more likely to have buy in from the employees and get better work product," Sgt. David Rose, a 29-year veteran of the Baltimore County Police Department and second vice president for Fraternal Order of Police Lodge 4, said Wednesday.
Collective bargaining and binding arbitration rights are codified in the Employee Relations Act, enacted in July of 1977 as part of the county code.
Union members cannot go on strike, but neutral arbitrators can be selected to mediate disputes if the county government and union cannot reach an agreement on their contract, according to the law.
Rose said county and union officials typically reach amicable agreements on contracts, as well as writing department policies.
He said collective bargaining gives officers the opportunity to talk with county leaders about how they will be affected by policies.
Rose cited the Baltimore County department's body camera policy, which took effect July 5, as an example.
"Our members know that they had a voice at the table to help construct that policy, and when that finished product was done, we've had almost no kickback," he said.