§ 3-104

Maryland § 3-104

• Jurisdiction: Maryland
• Article gps: Public Safety
• Title: 3

Text

(a) (1) Each county shall have one administrative charging committee to serve countywide law enforcement agencies and local law enforcement agencies within the county.

(2) A county administrative charging committee shall be composed of:

(i) the chair of the county’s police accountability board, or another member of the accountability board designated by the chair of the accountability board;

(ii) two civilian members selected by the county’s police accountability board; and

(iii) two civilian members selected by the chief executive officer of the county.

(b) (1) There shall be at least one statewide administrative charging committee to serve statewide and bi–county law enforcement agencies.

(2) A statewide administrative charging committee shall be composed of:

(i) three civilian members appointed by the Governor;

(ii) one civilian member appointed by the President of the Senate; and

(iii) one civilian member appointed by the Speaker of the House.

(c) Before serving as a member of an administrative charging committee, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.

(d) On completion of an investigation of a complaint of police misconduct involving a member of the public and a police officer, regardless of whether the complaint originated from within the law enforcement agency or from an external source, the law enforcement agency shall forward to the appropriate administrative charging committee the investigatory files for the matter.

(e) An administrative charging committee shall:

(1) review the findings of a law enforcement agency’s investigation conducted and forwarded in accordance with subsection (d) of this section;

(2) make a determination that the police officer who is subject to investigation shall be:

(i) administratively charged; or

(ii) not administratively charged;

(3) if the police officer is charged, recommend discipline in accordance with the law enforcement agency’s disciplinary matrix established in accordance with § 3–105 of this subtitle;

(4) review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;

(5) authorize a police officer called to appear before an administrative charging committee to be accompanied by a representative;

(6) issue a written opinion that describes in detail its findings, determinations, and recommendations; and

(7) forward the written opinion to the chief of the law enforcement agency, the police officer, and the complainant.

(f) In executing its duties in accordance with subsection (e) of this section, an administrative charging committee may:

(1) request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation and the issuance of subpoenas;

(2) if the police officer is not administratively charged, make a determination that:

(i) the allegations against the police officer are unfounded; or

(ii) the police officer is exonerated; and

(3) record, in writing, any failure of supervision that caused or contributed to a police officer’s misconduct.

(g) An administrative charging committee shall meet once per month or as needed.

(h) A member of an administrative charging committee shall maintain confidentiality relating to a matter being considered by the administrative charging committee until final disposition of the matter.