The Wicomico County Fraternal Order of Police Lodge #111 (FOP)
announces that it has filed a Petition for Writ of Mandamus and
Complaint for Declaratory Relief in the Circuit Court for Wicomico
County, on behalf of the Wicomico County Sheriff’s Deputies.
This action is the next step in a process which the FOP began to
improve the retirement and disability benefits for Wicomico County
Sheriff’s Deputies. In November 2006, the voters of Wicomico County
approved a referendum which amended the Wicomico County Charter to
require the County Council to adopt a labor code providing for
collective bargaining with binding arbitration of disputes between
the County and an authorized representative of the Sheriff’s Office
Deputies. A labor code was introduced to the County Council by
County Executive Rick Pollitt, and then several amendments were made
to the code by the Council. The Code was adopted in December of
2007. Pollitt vetoed the labor code on January 9, 2008, and on
January 15, 2008 the County Council unanimously overrode that veto to
adopt the labor code as law.
The labor code as adopted does not hold the County Council to binding
arbitration, and by doing so, disregards the intent of the referendum
which was overwhelmingly supported by the voters of Wicomico County.
The Sheriff’s Deputies believe that the referendum approved by the
citizens permits collective bargaining with binding arbitration with
the County Government, which includes both the County Executive and
the County Council.
The FOP respects the County Council’s position to retain the checks
and balances of the County Government; however we believe that the
labor code as adopted does not follow the will of the voters of
Wicomico County.
The Petition and Complaint also addresses two other issues with the
labor code; one where the arbitrator is limited to comparing the
Wicomico County Deputies to only other Maryland Eastern Shore counties
in consideration of wages, hours, or terms and conditions of
employment. The second issue limits the arbitrator to only consider
the revenue of the general fund of Wicomico County. The position of
the FOP is that the arbitrator should be able to consider all counties
in Maryland, and other revenue sources for Wicomico County.
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