Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1937-08-12
Large Number County
J, : Employees Take Exams
CONTINUED from page II

Montgomery County. Such an extern
sion of the State system was contem-
plated by the trainers of the Merit
System in 1880 when they provided
that "the facilities of the Commits
sioner shall be available upon request
to any municipality of this State
adopting the merit system of appoint
ment of public employees, and to any
county of this State adopting such
system" Code, Article 64A, Section
| %.
A pertinent provision of section $50
of the new Act is Except as other
wise provided in this subtitle, the
provisions of said Article 64A includ-
ing definitions of terms, shall govern
said classified services" Thus the
county system is intertwined with the
State Merit System and the rules
adopted pursuant thereto, and your
Office is made the administrator OF
this county law as well as of the State
statute.
Your question is occasioned by a
different schedule of exemption in the
county law from that set forth in the
State law. The county Act extends
the merit system to ali positions in
the county except elected officials, po-
sitions provided in the Constitution,
members of the county teaching sys-
tenn and members of the county police
force. Section 629. The State law ex-
empts among others, deputies, assist
ants and employees appointed or des-
ignated by any sheriff, any register
Of wills, any clerk of court, any
States attorney or any Board of Sup
ervisors of Elections. Code Article
64A, Section 2. It has been suggested
that, since the provisions of the State
Merit System are made to govern the
new statute, the above mentioned
court officials of Montgomery County
are not subject to the new county Act.
We are not able to agree with this
view. In our judgement the Legislat-
ure intendedeto exempt only four
classes of positions in the services of
Montgomery County and these four
were set out specifically in the statute.
If the Legislature had intended that
all the positions omitted from the
State Merit System also were to be
exempted from the county system, it
might have so specified in clear and
unmistakable language. But, in our
view the Legislature intended the new
county act to be comprehensive in its
scope and to extend to all employees
in the county service, other than those
four classes of positions expressly
exempted in the statute.
In the event Of conflict between
a local law and general law, the
Maryland rule is that the local law
shall prevail (Code, Article l, section
49, In our opinion, therefore, the
exemption provisions of the new
county law are to govern in its appli-
cation and the several court officials
referred to1in your letter, and listed
in section of the State Merit System
Law, are intended by the legislature
to be included in the new Act.
While this Department stands ready
as usual to advise you, as a State
official, in the execution of the num-
erous obligations of your Office, and
while we realize that you have been
given extra duties as result of this
new law, we do not feel that our Office
was intended by the Legislature to be
the legal adviser of County Merit
System. As stated in the Code, Article
32A, Section 10, the Attorney General
lis not the legal adviser ITO any county
boards or officers, but the powers and
authority of such boards or officers
to appoint employ or have their own
counsel, shall continue as now or
hereafter prescribed or authorized by
law" This County Merit System is set
up by local law and applies only to
the employees in the service of Mont
gcmery County. 1t is our view that it
should be administered as far as pos
sible by county officers and its legal
problems handled by the County at
torney.
Yours very truly,
(signed) Charles T. LeViness, 3rd.
Asst. Attorney General