Agenda Item 7A
April 14, 2015
Action
MEMORANDUM
April 10, 2015
TO:
FROM:
County Council
Robert
H. Drummer, Senior Legislative Attorney
3
~
Action:
Expedited Bill 10-15, Personnel - Veteran Hiring Preference - Public
SUBJECT:
Safety Position
Government Operations and Fiscal Policy CommitteelPublic Safety Committee
recommendation (5-0): enact the Bill with amendments.
Expedited Bill 10-15, Personnel Veteran Hiring Preference - Public Safety Position,
sponsored by the Council President at the request of the County Executive and Councilmember
Katz, was introduced on March 3, 2015. A public hearing was held on March 17 and a joint
Government Operations and Fiscal Policy CommitteelPublic Safety Committee worksession was
held on April 2.
Background
Bill 10-15 would establish a hiring preference for the initial appointment of a qualified
veteran or a veteran with a disability for a uniformed public safety position.
It
also requires the
Executive to adopt regulations implementing this hiring preference. The Executive attached a
draft regulation that would implement this law. See © 11-14.
The current law already requires priority consideration for a veteran or a veteran with a
disability who applies for a merit position and is rated in the highest rating category. Bill 10-15
would provide a point preference for a veteran or a veteran with a disability who applies for a
uniformed public safety position without requiring the applicant to be rated in the highest rating
category. The Bill would continue to require priority consideration for a veteran or a veteran with
a disability who applies for a merit position that is not a uniformed public safety position. A
uniformed public safety position would be defined as a police officer, fire fighter/rescuer, deputy
sheriff, or correctional officer.
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Public Hearing
The sole speaker, Stuart Weisberg, Office of Human Resources, representing the
Executive, supported the Bill. ©15.
Mr.
Weisberg said that the current "priority consideration"
for a veteran and veteran with a disability has been cumbersome for public safety departments to
administer. The Executive believes that the point preference established by the Bill would be
simpler to administer and more effective. Sheriff Darren M. Popkin submitted a letter requesting
that deputy sheriffs be excluded from the Bill. ©16-17. According to Sheriff Popkin, State law
authorizes the Sheriff to appoint each deputy sheriff and that the appointment process is not subject
to the County Personnel Regulations.
Joint GO-PS Committee Worksession
Assistant Sheriff, Bruce Sherman, represented the Sheriff. Captain David Anderson,
MCPD and Melissa Davis, Human Resources, represented the Executive Branch. The Committee
discussed the Sheriffs request to be excluded from the Bill because the Sheriff controls hiring of
deputy sheriffs under State law. Assistaflt Sheriff Sherman told the Committee that the Sheriffhas
been using a point preference for a veteran and a veteran with a disability for 3 years. The
Committee also discussed the possible adverse impact a veteran preference can have on hiring
women since most veterans are men. The Committee urged Human Resources to ensure in the
regulation that the point preference was not so high that it could exclude non-veterans from
employment in these uniform public safety positions. The Committee amended the Bill to exclude
deputy sheriffs and approved the Bill with that amendment 5-0.
Issues
1.
What is the fiscal and economic impact of the Bill?
OMB estimated that the Bill would require adjustments to the County's online employment
application management system. These one-time adjustments would require approximately 308
hours of staff time to implement at an estimated cost of $39,300. ©7-8. OMB estimated that the
expected increase in effort to apply the point preference in individual recruitments would not be
significant.
Finance was unable to estimate the likely economic impact of the Bill. They pointed out
that veterans have a high unemployment rate and that the Bill would have a positive effect for
eligible veterans who are hired and a corresponding negative effect on employment for non­
veterans.
2. How would the point preference be applied for each uniformed public safety position?
The Office ofHuman Resources explained the recruitment process to Council staff for each
public safety department as follows:
(a)
Police.
The Department administers a written examination on a pass-fail basis. If
an applicant passes the exam with a 60% or better score, the applicant receives an
2
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oral interview.
An
applicant receives a numeric score for the interview and
selections are made from those that score in the well qualified category on the
interview. Preference points would be added
to
the applicant's interview score.
(b)
Fire and Rescue.
The Department administers a written examination on a pass-fail
basis. The Department interviews each applicant who passes the exam. The
applicants with the top scores in the interview are given offers. Preference points
would be added to the interview score.
(c)
Corrections.
The Department administers a written examination.
An
applicant
passes with a score of at least 70%.
An
applicant must score at least 80% to be
rated well qualified. There are no interviews. Candidates are selected based upon
the exam score. Preference points would
be
added to the exam score.
(d)
Sheriff
The Department administers a written examination.
An
applicant passes
with a score of at least 60%.
An
applicant must score at least 70% to
be
rated well
qualified. Well qualified applicants are interviewed. Preference points would be
added to the exam score to help an applicant reach the interview stage.
3. Should deputy
sheriffs
be excluded from the
Bill?
Sheriff Popkin requested the Bill be amended to exclude deputy sheriffs. @16-17. Sheriff
Popkin argued that Md. Code, Courts Article, §2-309(q)(3)(i) authorizes the Sheriff to appoint "the
number of deputies provided in the county budget." Section 2-309(q)(4)(ii) provides that each
deputy sheriff appointed by the Sheriff must be considered "for all purposes as Montgomery
County merit system employees and subject to the Montgomery County merit system law,
personnel regulations, and applicable collective bargaining agreement." The Sheriff argues that
pursuant to this State law, the Sheriff has total control oyer the recruitment and appointment of a
deputy sheriff, but after appointment, the deputy sheriff is subject to the County merit system.
Since Bill 10-15 would only affect the recruitment and appointment ofa deputy sheriff, the Sheriff
argues that Bill 10-15 should not apply to deputy sheriffs.
I
Historically, the Office of Human Resources has handled the recruitment process for the
Sheriff. However, the Sheriff is a Consitutional Officer created by State law rather than County
law. The Sheriffs analysis of these State laws is reasonable and consistent with a recent decision
of the COUflty Merit System Protection Board declining to hear an appeal by an applicant for a
position with the Sheriff.
Committee recommendation (5-0):
amend the Bill to remove deputy
sheriffs as follows:
Amend lines 50-54 as follows:
(Q
define
~
uniformed public safety position as a:
ill
police officer;
1
Sheriff Popkin pointed out that 25% ofthe sworn deputy sheriffs are military veterans.
3
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®
(iii)
fire fighter/rescuer;
[[deputy sheriff; or
QI
fu1]]
4. Should the BiD be enacted?
correctional officer; and
Md Local Govt §1-204 requires each County to provide a "special credit" for a veteran
who applies for a merit position. This State law also authorizes each County to provide a greater
credit to a veteran with a disability. The nature and extent of the special credit is left to County
legislation. County law already provides a preference for a veteran or a veteran with a disability.
Bill 10-15 does not create new public policy.
It
simply changes how this preference would be
applied. However, any preference for a veteran or a veteran with a disability can create an adverse
impact on women applicants since the majority of veterans are men. The Committee was
concerned with this and requested the Office of Human Resources to ensure in the Regulation that
the preference points would not be so large that a non-veteran could not get hired.
A point preference is easier to administer. However, it would permit the
applicant who would not be in the highest rating category without the preference.
priority consideration only applies to an applicant in the highest rating category. Bill
apply the point preference only to the initial appointment of a qualified veteran.
recommendation
(5-0): enact the Bill with the amendment described above.
hiring of an
The current
10-15 would
Committee
This packet contains:
Expedited Bill 10-15
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact statement
Draft Regulation
Testimony of Stuart Weisberg
Sheriff Popkin letter
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Expedited Bill No.
_-!.1.::::..0....;-1~5:-
_ __
Concerning: Personnel- Veteran Hiring
Preference - Public Safety Position
Revised: April
2. 2015
Draft No. 4.:!..-_ _
Introduced:
March 3.
2015
Expires:
September
3.2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
...!N..!..!:o~n:!l:.e
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _"------_
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive and Councilmember Katz
AN
EXPEDITED
ACT to:
(1)
establish a hiring preference for a qualified veteran or a veteran with a disability
who applies for a uniformed public safety position;
(2)
require the Executive to adopt regulations implementing this hiring preference; and
(3)
generally amend the merit system law governing competitive hiring for merit
system positions.
By amending
Montgomery County Code
Chapter 33, Personnel and Human Resources
Sections 33-7
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
Heading or defined term.
Added to existing law by original bill.
Deleted from existing law
by
original
bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
* * *
The County Council for Montgomery County, Maryland approves the following Act
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ExPEDITED BILL
No. 10-15
1
2
3
4
5
6
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9
10
11
Sec.
1.
Sections 33-7 is amended as follows:
33-7. County Executive and Merit System Protection Board responsibilities
*
*
*
*
*
*
(d)
Hiring persons with disabilities.
(3) Competitive appointment.
(A)
Except as provided in Subsection
~
[The] the regulation
must establish and maintain a preference [for the initial
appointment of a qualified person with a disability into a
merit system position] under the following order of
preference:
(i)
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15
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19
20
21
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25
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an employee who
IS
unable to perform the
employee's job because of a disability or injury
under the ADA;
(ii) an employee subject to reduction-in-force;
(iii) an employee who was granted a temporary
disability
retirement
under
the
Employees
Retirement System or an initial or temporary
disability benefit of any type under the Retirement
Savings Plan or the Guaranteed Retirement Income
Plan but is no longer eligible for such a temporary
disability retirement or benefit;
(iv) a veteran with a disability;
(v) an equal preference for a veteran without a
disability and a non- veteran with a disability.
(B) This regulation must only apply the preference
In
Subparagraphs (A)(iv) and (A)(v) [to] for the initial
(J:;
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ExPEDITED BILL
No.
10-15
28
29
30
31
32
33
34
35
36
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39
40
41
42
43
44
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46
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48
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54
.@)
.@)
appointment of
~
qualified
[a]
person to
~
merit system
position who is among the highest rating category in a
normal competitive process.
*
W
ill
Findings.
(A)
*
*
Hiring Veterans fOr Uniformed Public Safety Positions.
Veterans, particularly those returning from combat in Iraq and
Afghanistan, suffer from
~
high
unemployment rate.
The skills and experience gained
by
veterans while in the
military are helpful assets for serving in uniformed public
safety positions.
ill
Regulation. The Executive must establish
by
personnel regulation,
under Method
ill
standards for
~
hiring preference point system for
the initial appointment of
~
qualified veteran who applies for
~
merit
uniformed public safety position in
These standards must:
CA)
define
~
~
normal competitive process.
veteran as
~
person who was honorably discharged or
released from
~
branch of the United States armed services after
at least 180 days of active military duty other than for training;
define
~
~
~
~
veteran with
disability as
veteran rated
by
the
compensable service­
Department of Veterans Affairs with
connected disability of 30 percent or more;
(Q
define
~
uniformed public safety position as a:
ill
(ii)
Ciii)
police officer;
fire fighter/rescuer;
[[deputy sheriff; or
(iy)]]
correctional officer; and
0)
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ExPEDITED BILL
No.1 0-15
55
56
57
58
59
60
(D)
give preference points for
~
veteran and additional preference
points for
~
veteran with
~
disability.
[(e)]
ill
[(1)]
{g)
[(g)]
{hl
[(h)]
ill
[(i)]
ill
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64
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66
*
*
*
*
*
*
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*
*
Sec. 2. Short Title
This Act may be cited as the "Veterans in Public Safety Employment Act."
Sec. 3. Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it
becomes law.
67
68
69
70
71
Approved:
George Leventhal, President, County Council
Date
72
73
Approved:
Isiah Leggett, County Executive
Date
74
This is a correct copy ofCouncil action.
75
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Expedited Bill
10-15
Personnel- Veteran Hiring Preference
-
Public Safety Position
DESCRIPTION:
The legislation streamlines the hiring process by converting the
hiring preference for veterans and veterans with a disability who
apply for a County merit uniformed public safety position
in
a
normal competitive process from priority consideration to a
numeric point system. It provides greater benefit to veterans since
veterans do not need to be
in
the highest rating category to receive
the preference points.
Veterans, particularly those returning from combat in Iraq and
Afghanistan, suffer from a high unemployment rate. The skills and
experience gained by veterans while in the
military
make them well­
suited for uniformed public safety positions. The current system of
hiring preference which provides priority consideration for
veterans who apply for uniformed public safety positions has been
cumbersome for public safety departments to administer and has
resulted in lengthy delays in filling these positions.
This legislation will both simplify the process and assist more
veterans
in
obtaining uniformed public safety jobs.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION: Office of Human Resources
FISCAL IMPACT: Office of Management and Budget
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
Office of Management and Budget
NtA
NtA
Stuart Weisberg, Office of Human Resources (x.75154)
Nt
A
Nt
A
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OFFICE OF !HE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20&50
Isiah Leggett
County Executive
MEMORANDUM
December 8, 2014
TO:
George Leventhal, President
Montgomery County Council
FROM:
SUBJECT:
Isiab
Leggett,
County
Executive-Dr~
)~
­
Expedited Bill to Convert Hiring Preference Given to Eligible Veterans Who
Apply for Uniformed Public Safety Positions from Priority Consideration to
a
Numeric Point System
I
am
attaching for Council introduction an Expedited Bill, the Veterans in Public
Safety Employment Act, to convert the hiring preference given to eligible veterans who apply for
County merit uniformed public safety positions in
a
normal competitive process from priority
consideration to a numeric point system.
The purpose ofthis bill is to both simplify the hiring process
as
well
as
to assist
more veterans in obtaining uniformed public safety jobs, Veterans, particularly those returning
from combat in Iraq and Afghanistan, suffer from a high unemployment rate. The skills and
experience gained by veterans while in the military make them well-suited for uniformed public
safety positions. This bill provides greater benefit to veterans than the present system since
veterans do not need
to
be in the highest rating category to receive the preference points.
I
am
also attaching for your information a draft copy of
an
Executive Regulation
that describes how this bill would be implemented if enacted by the Council.
Attachments
IL: sw
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Fiscal Impact Statement
Council Bill
XX-14
Personnel- Regulations - Veterans - Veterans with Disabilities­
Hiring Preference Points - Uniformed Public Safety Positions
1. Legislative Summary.
This proposed legislation would convert the hiring preference for veterans and veterans
with disabilities who apply for a County merit unifonned public safety position in a
normal competitive process from priority consideration to a numeric point system. This
would provide a greater benefit to veterans since veterans do not need to be in the highest
rating category to receive the preference points. This would simplify the process for both
the employer and candidates by allowing for a single round of interviews, rather than
interviewing the hiring preference candidates prior to those in the highest rating category.
2. An estimate of changes in County revenues and expenditures regardless of whether
the revenues or expenditures are assumed in the recommended or approved budget.
Includes source of information, assumptions, and methodologies used.
This proposed legislation would require adjustments to the County's on-line employment
application management system. The Enterprise Resource Planning (ERP) Office and
Office of Human Resources (ORR) estimate that the changes to the system would require
approximately 308 hours ofERP functional, technical expert, and OHR subject matter
expert staff time, at an estimated cost of $39,300 but that the costs will be absorbed by
the departments. This total does not reflect OHR Recruitment and Selection's ongoing
cost to complete the numeric point system assessments during individual recruitments.
The change to a numeric point system is estimated to be an increase in effort that is not
significant.
This proposed legislation would have no impact on revenues.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
The estimated cost of$39,300is one-time only.
4. An actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not applicable.
S. Later actions that may affect future revenue and expenditures if the bill authorizes
future spending.
Not applicable.
(j)
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6.
An
estimate of the staff time needed to implement the bill.
ERP and OHR estimates that the changes necessary to implement the bill would require
approximately 308 hours of staff time. This total does not reflect OHR Recruitment and
Selection's ongoing costto complete the numeric point system assessments during
individual recruitments. The change to a numeric point system is estimated to be an
increase in effort that is not significant.
.
7.
An
explanation of how the addition of new staff responsibiijties would affect other
duties.
The required implementation time would
be
prioritized within the current staff workload.
8.
An
estimate of costs when an additional appropriation is needed.
No additional appropriation is needed:
9. A description of any· variable that could affect revenue
a~d
cost estimates.
If
the programming changes prove to be more complex than estimated, additional staff
time could be required. The impact of this would likely be the delay of other projects.
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not applicable.
.
11. H
a bill is likely to have no fiscal impact, why that is the case•.
Not applicable.
12. Other fiscal impacts or comments.
Not applicable.
13. The following contributed to and concurred with this analysis:
Lori O'Brien, Office of Human Resources
Corey Orlosky, Office ofMf,lD.agement and Budget
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Economic Impact Statement
BiIlI0-1SE, Personnel- Veteran Hiring Preference - Public Safety Position
Background:
TIris legislation would both simplify the hiring process as well as assist more veterans in
obtaining unifonned public safety jobs. Bill 10-15E would change the hiring preference
for a veteran or a veteran with a disability who applies for a unifonned public safety
position from priority consideration to a number point system. The legislation would also
require the County Executive
to
adopt regulations implementing a hiring point system for
certain qualified persons who apply for a County merit unifonned public safety position.
Bi1l10 15E defines a veteran as a person who was honorably discharged or released from
a branch ofthe United States Armed Forces after at least 180 days of active military duty
other than for training. The legislation also defmes a veteran with a disability as a
veteran rated by the Department ofVeteran Affairs with a compensable service­
connected disability of30 percent or more.
w
1. The sources of information, assumptions, and methodologies used.
Sources oflnfonnation:
• Bureau of Labor Statistics (BLS). U.S. Department of Labor. News Release.
~ch18,2015,and
• The August 2014- supplement to the Current Population Survey (CPS), a
monthly survey of approximately 60,000 households.
According to BLS; the unemployment rate for veterans who served on active duty in
the U.S. Armed Forces at any time since September 2001 (a grouped referred to as
Gulf War-era II veterans) was 1.2 percent in 2014 compared
to
6.2 percent for the
nation.
In
addition, 29 percent ofGulf War-era II veterans reported having a service­
connected disability as of August 2014.
In
2014, there were 3.2 million veterans who had served during Gulf War-era II and
of those 3.2 million, twenty percent were women. The unemployment rate for male
Gulf War-era II veterans was 6.9 percent compared to 6.2 percent for male non­
veterans. Among women, the unemployment rate for Gulf War-era II veterans was
8.5 percent compared to 5.9 percent for female non-veterans.
In
August 2014, 36 percent of Gulf War-era II veterans reported serving
in
Iraq,
Afghanistan, or both. Therefore, of the 3.2 million veterans who had served during
the Gulf War-era II, nearly 1.2 million served
in
either Iraq, Afghanistan, or both.
BLS also
reports
that among the veterans who served during Gulf War-era II, nearly 3
in 10, or 30 percent, reported having a service-connected disability. Ofthese
veterans, 75.1 percent were in the labor force as of August 2014 and lower than the
85.6 percent for GulfWar-era II veterans with no service-connected disability.
Page 1 of2
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Economic Impact Statement
BiIIIO-15E, Personnel- Veteran Hiring Preference - Public Safety Position
2. A-description of any variable that could affect the economic impact estimates.
The variable that could affect the economic impact estimates
is
the number of eligible
veterans who would receive a hiring preference through the numeric point system as
opposed to the current normal competitive process. However, given that the point
system will be adopted through regulation under Bill 10-lSE, it is uncertain at this
time how many eligible veterans would be given a hiring preference -under the point
system. While employment by eligible veterans for County positions in the merit
uniformed public safety positions would increase, that increase would be offset by a
similar decrease in non-eligible candidates such that the overall employment in the
County merit positions would not change.
3. The Bill's positive or negative effect,
if
any on employment, spending, saving,
investment, incomes, and property values in the County.
While Bill 10-lSE would have a positive effect on employment for eligible veterans,
that positive effect would be offset by a negative effect on employment for non­
eligible candidates. Therefore Bill
IO-15E
would not have a net economic impact on
employment.
4.
H
a Bill is likely to have no economic impact, why is that the case?
See paragraph 3.
5. The following contributed to or concurred with this analysis: David Platt and Rob
Hagedoorn. Finance;
Date
Page2of2
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Hiring Preference Points for Veterans Who Apply for Uniformed
Public Safety Positions
Office of Human Resources
xx-14
Hiring'PreferencePoints for Veterans Who
Apply
for Uniformed
Public Safety Positions
Executive Regulation No. xx-14
Issued by: County Executive
Supersedes: Executive Regulation No. 3-10
Authority: Montgomery County Code, 2004, §33-7(b)
Council review: Method 1
Montgomery County Register
Volume 31, Issue xx
Comment deadline:
Effective date: _ _ _ _ _ __
Summary:
This regulation implements Expedited Bill No. xx-14, the Veterans in Public
2014., The
Safety Employment Act enacted by the Council on
regulation amends Section 6 of the 2001 Montgomery County Personnel
Regulations by converting the hiring preference given to eligible veterans who
apply for County merit unifonned public safety positions in a normal competitive
process from priority consideration to a numeric point system.
Office of Human Resources, Executive Office Building, 7th Floor
101 Monroe Street, Rockville, Maryland 20850
Address for
comments
Staff contact: Stuart Weisberg, 240-777-5154, or stuart.weisberg@montgomerycountymd.gov
Please use the key bel<,lw when reading this regulation:
Boldface
Heading or defined term.
Added to existing regulation
by
proposed regulation.
Underlining
Deleted from existing regulation
by
proposed regulation.
[Single boldface brackets]
Double undedining
Added
by
amendment
[[Double
Deleted
from
existing orproposed regulation
by
amendment
.,
.,
.,
boldface brackets]]
Existing language unchanged
by
executive regulation.
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Hiring Preference Points for Veterans Who Apply for Uniformed
Public Safety Positions
Office of Human Resources
xx-14
SECTION 6. RECRUITMENT AND APPUCATION RATING PROCESS·
*
6-12.
public safety position.
*
*
Hiring preference points for initial appointment to a County merit uniformed
ll!1
Definitions
ill
Hiring preference points:
Numeric points that are added to the passing
. examination score, or interview rating
total.
of eligible applicants who
apply for County merit positions as uniformed public safety officers
in
a
normal competitive process. When the scoring system for examinations
and
interviews provides for a maximum score of other
than
100, the
numeric points to be added will
be
based on a percentage ofthe maximum
score.
This
will enable the preference points to carry equal weight
regardless of the position applied for.
m
ill
Uniformed public safety position:
.
Police officer, fll'efighter/rescuer,
correctional officer, or deputy sheriff.
Veteran:
A person who:
®
was honorably discharged or released from a branch ofthe United
States armed services after at least 180 days of active
militaly
duty other than for training;
@)
was not granted a normal retirement from the United States armed
services; and
has not already used veteran's credit
to
receive priority
consideration or preference POints for' appointment to a
County merit position.
©
®
Veteran with a disability:
A person who:
®
meets the definition ofveteran contained
in
(3)
above: and
2
@
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Hiring Preference Points for Veterans Who Apply for Uniformed
Public Safety Positions
xx-14
Office of Human Resources
.an
is rated by the Department of Veterans Affairs with a compensable
service-connected disability of30 percent or more.
ru
To receive hiring preference points for a uniformed public service position under
this section, an eligible applicant must apply for the preference on the application
form and must provide the necessary certification or documentation within 14
calendar days after it is requested by ORR.
W
Allocation orhiring preference points
ill
veterans with disabilities receive 10 points or 10 percent, whichever is
is applicable: and
m
veterans without disabilities receive 5 points or 5 percent, whichever is
. applicable; and
_Un
Application orhiTing preference points to selection process
ill
Hiring preference points under this section may be used by an applicant
to apply for multiple County uniformed public safety positions.
If
an
applicant obtains an appointment
to
a County uniform public safety merit
position using the preference points, the points cannot be used again.
@
Preference points cannot be
used
to help an applicant meet the minimum
qualifications for a uniformed public safety merit position.
ill
Preference points cannot be used to help an applicant achieve a passing
score on an examination. If a written or oral examination is
req~ed
for the
position. an applicant must achieve a passing scOre before any preference
points can
be
added ..
(4)
Where the department selection process is based solely on a written or oral
examination score, the points are added
to
the applicant'S passing
examination score.
ffi
here the department selection process requires an applicant
to
take a
W
pass/fail examination and all applicants who pass the exam are then
3
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Hiring Preference Points for Veterans Who Apply for Uniformed
Public Safety Positions
Office of Human Resources
xx-14
interviewed. the points ate added
to
the interview score.
[6-12]
6-13. Selection process.·
[6-13]
*
*
*
*
*
*
6-14. Appeals
by
applicants.
Approved:
Isiah Leggett, County Exeyutive
Approved as to form and legality:
Date
UftU
Office of the County Attorney
a
-r:
uJ
~
4
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1
TESTIMONY ON BEHALF OF COUNTY EXECUTIVE ISIAH LEGGETT
Expedited
Bill 10-15,
Personnel- Veteran Hiring Preference - Public Safety
Position
March
17,2015
Good afternoon Council Members, I am Stuart Weisberg, the Labor Relations Advisor in
the Office of Human Resources, and it is a pleasure for me to appear at this hearing on behalf of
County Executive Isiah Leggett. As you know, Expedited Bill 10-15 was introduced at the
request of the County Executive.
Montgomery County has been a leader in its efforts to increase employment opportunities
with the County for veterans and persons with disabilities. Expedited Bill 10-15 represents an
expansion of this initiative. We are grateful for the sacrifices made by veterans who have bravely
and selflessly served this country on active duty in the armed services. This bill, the "Veterans in
Public Safety Employment Act," would establish a hiring preference for a qualified veteran or a
veteran with a disability who applies for a uniformed public safety position. This bill is a
win­
win
proposal. Veterans, particularly those returning from combat, suffer from a high
unemployment rate. The bill would enable more veterans to obtain public safety positions. The
skills and experience gained by veterans while in the military are helpful assets for serving in
uniformed public safety positions with the County. At the same time, it provides the County with
a pool of qualified applicants with skills and experience well suited to serve as a police officer,
fire fighter/rescuer, deputy sheriff, or correctional officer.
'-~
The current law already requires priority consideration for a veteran or a veteran with a
disability who applies for a merit position and is rated in the highest rating category.
In
this bill,
we basically carve out an exception for uniformed public safety positions. The bill will
potentially benefit more veterans who apply for employment in uniformed public safety positions
with the County since they do not have to be in the highest rating category to receive hiring
preference points. Rather, the addition of these numeric points to an applicant's examination
score or interview score might help the applicant move to a higher rating category.
The current system of hiring preference which provides priority consideration (requires
that such applicants be interviewed and considered for vacant positions before others are
considered) has been cumbersome for public safety departments to administer and has resulted in
lengthy delays in filling these positions. Replacing priority consideration with preference points
would simplify the hiring process and allow public safety departments to fill vacancies more
quickly.
In
summary,
the County Executive strongly endorses Expedited Bill to-15, and urges
Council's favorable consideration.
Thank
you and I will be pleased to answer any questions you may have.
@)
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Maryland's First
Nationally Accredited
Sheriff's Office
50 Maryland Avenue
Rockville, Md. 29850
240-777-7000
240-777-7148 Fax
SHERIFF DARREN
M.
POPKIN
March 17,2015
The Honorable George Leventhal
Montgomery County Council President
100 Maryland Avenue
Rockville, MD 20850
Re: MCC Bill No. 10-15 - Veteran Hiring Preference
Dear Mr. Leventhal,
Montgomery County Council Bill 10-15 would require for the first time, in Montgomery County
Code, Section 33-7, that the
County Executive
is responsible for establishing hiring preferences
for selecting veterans in public safety positions as Montgomery County Deputy Sheriffs.
The Maryland Sheriff is a constitutional officer. Sheriffs are state officials, not local government
officials, who exercise such powers and perform such duties as are fixed by State law.
Consequently, the duties of the sheriffs are those prescribed by the common law, the enactments
of the General Assembly, and the rules of the Court of Appeals.
Deputy Sheriffs also are State officials, not local government officials. Under State law, they
perform the duties incidental to the office as assigned to them by the Sheriff. Except as otherwise
provided by State law, a deputy sheriff has the same authority as the sheriff. [Opinion of the
Montgomery County Attorney, October 18,2000].
Md. Code, Courts Article, §2-309(q)(3)(i) authorizes the Sheriff to appoint the number of
deputies provided in the county budget and other clerical and administrative employees. Md.
Code, Courts Article, Section 2-309(q)(4)(ii) provides that personnel (other
than
assistant
sheriffs) appointed by the Sheriff shall be considered for all purposes as Montgomery County
merit system employees and subject to the Montgomery County merit system law, personnel
regulations.
The Sheriff, as provided by the Maryland Police Training Act, Md. Code, Public Safety Article,
Title 3, Subtitle 2, requires that each applicant for employment as a deputy sheriff successfully
completes a detailed confidential background and criminal history investigation, polygraph
examination, and complies with selection standards for provisional certification, and detailed
regulations adopted by the Maryland Police and Correctional Training Commission (MPCTC).
Upon graduation from entry level training at the Public Safety Training Academy, deputy
sheriffs are certified by MPCTC as Maryland police officers.
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MCC Bill No. IO-J5 - Veteran Hiring Preference
March 17,2015
The Sheriff's Office actively recruits U.S. military veterans for employment as deputy sheriffs
by outreach advertising and attendance at veterans' job fairs. The Sheriff's Office sworn work
force is composed of approximately 25% U.S. military veterans, which is five times the county's
4.9% veterans' population. A U.S. military veteran previously assigned as the Sheriff's Office
recruit training officer at the Montgomery County Public Service Training Academy is now the
Lieutenant in charge of the MCSO Applicant and Training Section.
Several years ago, the Sheriff's Office instituted a policy of awarding veteran's preference
during the oral interview phase of applicant processing for deputy sheriff positions.
The Montgomery County Sheriff is a Constitutional Officer in the Judicial Branch of Maryland
State Government. Because of this separation of powers from the County Government (as
reflected in the attached Montgomery County Organization Chart) and for all of the prior
reasons, the Sheriff respectfully requests that MC Bill No. 10-15 be amended to delete the
reference to Deputy Sheriffs on page circle 3, line 53.
Sincerely,
~./7J.~
Sheriff Darren M. Popkin
SHERIFF DARREN
M.
POPKIN - MONTGOMERY COUNTY, MARYLAND
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