Section 7-302 - Appointment of members of fire companies as deputy sheriffs - Baltimore, Caroline, Cecil, Dorchester and Queen Anne's counties.
§ 7-302. Appointment of members of fire companies as deputy sheriffs - Baltimore, Caroline, Cecil, Dorchester and Queen Anne's counties.
(a) Scope of section.- This section applies only to Baltimore County, Caroline County, Cecil County, Dorchester County, and Queen Anne's County.
(b) In general.- The sheriff of a county subject to this section may appoint as deputy sheriffs members of fire companies, whether volunteer, career, incorporated, or unincorporated, to exercise the powers of deputy sheriffs at fires and while going to and from fires.
(c) Designation by commanding officer.-
(1) The commanding officer may designate three members of the fire company to be appointed as deputy sheriffs.
(2) The commanding officer may be one of the three members designated under this subsection.
(d) Appointment by sheriff.-
(1) (i) Except in Caroline County, the sheriff of a county subject to this section shall appoint as deputy sheriff a member of the fire company designated under subsection (c) of this section on request of the designated member.
(ii) In Caroline County, the Sheriff of Caroline County may appoint the designated member as deputy sheriff.
(2) A request for appointment shall be accompanied by a written certificate of designation signed by the commanding officer.
(e) Powers.-
(1) Except as provided in paragraphs (2) and (3) of this subsection, a member of a fire company appointed as deputy sheriff under this section may exercise the powers of deputy sheriffs at fires and while going to and from fires.
(2) The powers of members appointed as deputy sheriffs do not apply and may not be exercised in a municipal corporation that maintains an organized police force.
(f) Termination of appointment; removal; replacement.-
(1) The appointment of a member of a fire company as deputy sheriff terminates if the member ceases to be a member of the fire company.
(2) The sheriff of a county subject to this section may remove a member appointed as deputy sheriff at any time for just cause.
(3) If a member appointed as deputy sheriff dies, resigns, is dismissed, refuses to serve, or is unable to serve, the commanding officer may designate another member of the fire company to be appointed as deputy sheriff.
(4) (i) Except in Caroline County, if the commanding officer designates another member of the fire company to be appointed as deputy sheriff, the sheriff of the county shall appoint that member as deputy sheriff, subject to subsections (d) and (e) of this section.
(ii) In Caroline County, the Sheriff of Caroline County may appoint the designated member as deputy sheriff.
[An. Code 1957, art. 87, §§ 49-52, 53(a), (c), 54; 2003, ch. 5, § 2; 2007, chs. 194, 430.]