Prince George's County Police Department v. Zarragoitia

775 A.2d 395, 139 Md. App. 168, 2001 Md. App. LEXIS 111
CourtCourt of Special Appeals of Maryland
DecidedJuly 2, 2001
DocketNo. 179
StatusPublished
Cited by2 cases

This text of 775 A.2d 395 (Prince George's County Police Department v. Zarragoitia) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Prince George's County Police Department v. Zarragoitia, 775 A.2d 395, 139 Md. App. 168, 2001 Md. App. LEXIS 111 (Md. Ct. App. 2001).

Opinion

DEBORAH S. EYLER, Judge.

The Circuit Court for Prince George’s County ruled that a disciplinary action by the Prince George’s County Police Department (“the Department”), appellant, against Officer Marcos Zarragoitia, appellee, was time-barred. Specifically, the [171]*171court decided that the approval, by the Commander of the Department’s Internal Affairs Division, of a “Report of Investigation,” did not constitute the filing of charges under section 730(b)(1) of the Law Enforcement Officers’ Bill of Rights; instead, charges were filed several months later, and outside of the limitations period, when the Department issued a “Disciplinary Action Recommendation.”

The circuit court entered an order enjoining the Department from taking further action against Officer Zarragoitia.1 On appeal from that order, the Department maintains that the circuit court’s decision was legally incorrect. For the following reasons, we disagree and, therefore, we shall affirm the judgment.

THE LEOBR

Before recounting the particulars of this case, it will be of some help to review the pertinent aspects of the Law Enforcement Officers’ Bill of Rights, Md.Code (1957, 1996 Repl.Vol., 2000 Supp.), art. 27, §§ 727-734D (“LEOBR”). The purpose of the LEOBR is “to guarantee certain procedural safeguards to law enforcement officers during any investigation or interrogation that could lead to disciplinary action, demotion, or dismissal.” Meyers v. Montgomery County Police Dep’t, 96 Md.App. 668, 686, 626 A.2d 1010 (1993) (citing DiGrazia v. County Executive, 288 Md. 437, 452-53, 418 A.2d 1191 (1980); Abbott v. Administrative Hearing Bd., 33 Md. App. 681, 682, 366 A.2d 756 (1976)); see also Chief, Baltimore County Police Dep’t v. Marchsteiner, 55 Md.App. 108, 114-15, 461 A.2d 28 (1983) (quoting Nichols v. Baltimore Police Dep’t, 53 Md.App. 623, 455 A.2d 446 (1983)). “[TJhose safeguards include standards governing the investigation of complaints against an officer, the right to a hearing following a recommendation for disciplinary action, and standards governing the conduct of such a hearing and the decision of the hearing [172]*172board.” Cochran v. Anderson, 73 Md.App. 604, 612, 535 A.2d 955 (1988) (discussing Abbott v. Administrative Hearing Bd., supra, and citing Elliott v. Kupferman, 58 Md.App. 510, 473 A.2d 960 (1984)).

The LEOBR “looks to what is essentially a two-phase administrative process. The first phase involves an internal investigation to determine whether there is some substance to the complaint or suspicion.” Chief, Montgomery County Dep’t of Police v. Jacocks, 50 Md.App. 132, 135, 436 A.2d 930 (1981). Section 728(b) governs the manner in which the law enforcement agency conducts this internal investigation, spelling out the conditions under which the agency may investigate and interrogate a law enforcement officer and the officer’s rights during the investigatory phase. Id.; DiGrazia, 288 Md. at 439-40, 418 A.2d 1191; Abbott, 33 Md.App. at 682-83, 366 A.2d 756. Sections 730 and 731 govern the second phase, i.e., “an adjudicatory hearing before a departmental hearing board to determine (1) whether the charge itself is valid, and (2) if so, what the punishment should be.” Jacocks, 50 Md.App. at 135, 436 A.2d 930; see DiGrazia, 288 Md. at 440-41, 418 A.2d 1191; Abbott, 33 Md.App. at 683, 366 A.2d 756. Under section 731, the final decision is made by the Chief of Police, upon review of the findings, conclusions, and recommendations of the hearing board.

The LEOBR was enacted in 1974. See 1974 Md. Laws Chap. 722. The one-year statute of limitations contained in section 730(b)(1) was added in 1988, by passage of Senate Bill 632. 1988 Md. Laws Chap. 330. Currently, section 730(b)(1) provides:

Limitation of actions. — (1) Administrative charges may not be brought against a law enforcement officer unless filed within 1 year after the act that gives rise to the charges comes to the attention of the appropriate law enforcement agency official.2

[173]*173The Floor Report of the Senate Judiciary Committee for Senate Bill 632, at page 1-2, explained the purpose of the bill as follows:

Current law does not provide a time limit for the filing of administrative charges against a law enforcement officer under the Law Enforcement Officers’ Bill of Rights.
Testimony indicated that there have been many instances where a law enforcement officer who has committed a minor infraction has had that minor infraction held over his head for an extended period of time, resulting in significant uncertainty as to when, or even if, any disciplinary action is to be taken. The types of minor infractions referred to in this bill include administrative offenses such as improper wearing of a uniform, or not completing or signing a gasoline trip ticket. It is unfair, unreasonable, and serves no useful purpose to allow a supervisor to withhold the filing of such administrative charges indefinitely.
At some point, supervisory officials should be required either to file the administrative charge against the officer or to drop the charge so that the officer is relieved of the anxiety and concern that results from not knowing if or when the charge will be officially brought against the officer.

See also Baltimore Police Department v. Etting, 326 Md. 132, 138, 604 A.2d 59 (1992).

FACTS AND PROCEEDINGS

The Incident

On November 23, 1997, Officer Zarragoitia attended a football game at Jack Kent Cooke Stadium (now FedEx Field), in Prince George’s County. He was off-duty. During the game, Officer Zarragoitia allegedly got into an argument with a concessions vendor and used derogatory and foul language. Several officers in the Department were working as security for the game. When they responded to the incident, Officer Zarragoitia allegedly used abusive language toward them as well.

[174]*174Report of Investigation

° Captain Ellis G. Jones, the Commander of the Department’s Internal Affairs Division, filed a formal complaint against Officer Zarragoitia based on the incident of November 28, 1997.

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775 A.2d 395, 139 Md. App. 168, 2001 Md. App. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prince-georges-county-police-department-v-zarragoitia-mdctspecapp-2001.