In this subtitle, the following terms have the meanings indicated.
“Administratively charged” means that a police officer has been formally accused of police misconduct in an administrative proceeding.
“Board” means the Baltimore City Police Accountability Board established by this subtitle.
“Committee” means the Administrative Charging Committee established by §11-10 of this subtitle.
“Director” means the Director of the Baltimore City Office of Equity and Civil Rights, or its successor office.
“Disciplinary matrix” means a written, consistent, progressive, and transparent tool or rubric that provides ranges of disciplinary actions for different types of police misconduct.
“Exonerated” means that a police officer acted in accordance with the law and agency policy.
“Law enforcement agency” means:the Baltimore City Police Department;
the Baltimore City School Police;
the Baltimore City Sheriff’s Department;
the Baltimore City Environmental Police;
the police for of the Baltimore City Community College;
the police for of Morgan State University; or
the police department of Johns Hopkins University.
“Not administratively charged” means that a determination has been made not to administratively charge a police officer in connection with alleged police misconduct.
“Police misconduct” means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes:depriving persons of rights protected by the constitution or laws of the City, the State, or the United States;
a violation of a criminal statute; and
a violation of law enforcement agency standards and policies.
“Police officer” has the meaning stated in <cite data-doc="Md. Code" data-path="gps|3-101">State Public Safety Article, § 3-101(h) </cite>{“Police Officer”}.
“Unfounded” means that the allegations against a police officer are not supported by fact.
There is a Baltimore City Police Accountability Board.
The Police Accountability Board is composed of 17 members.
2 members shall be appointed to the Board by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>.
1 of the members appointed by the Mayor under this paragraph (2) must be between 18 and 25 years of age.
Each member of the City Council and the City Council President shall propose 1 candidate to the Mayor for his or her consideration for appointment to the Board.
The Mayor shall consider the candidates proposed by the City Council for appointment to the Board and may nominate the candidates at his or her discretion in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>.
If the Mayor rejects a candidate proposed by the City Council the Mayor must provide a written response to the City Council justifying why he or she rejected the candidate.
To the extent practicable the membership of the Board shall reflect the racial, gender identity or expression, sexual orientation, socioeconomic, and cultural diversity of the City.
Each member of the Board must be a resident of the City of Baltimore.
No person may be appointed to the Board, or once appointed, continue to serve on the Board if the person:is or becomes a police officer or an officer or employee of a law enforcement agency;
is or becomes a candidate for elected public office of the State, the City, or any other political subdivision of the State;
is or becomes a person required to file a financial disclosure statement as required under <cite data-path="|8">Article 8</cite>, §§ <cite data-path="|8|§7-7">7-7 {“Elected officials and staff”}</cite>, <cite data-path="|8|§7-8">7-8 {“Agency officials and staff”}</cite>, or <cite data-path="|8|§7-9">7-9 {“Procurement, legislative liaison, and enforcement personnel”}</cite> of the City Code; and
is a former police officer who did not separate from a law enforcement agency in good standing.
No more than 2 former police officers or employees of a law enforcement agency may serve on the Board at any 1 time.
The Chair shall be elected from among the Board’s members by a majority vote of the members of the Board.
The term of the Chair is 2 years.
The Chair may be re-elected.
The Board may elect a Vice-Chair and other officers from among its members.
Each member of the Board serves a 4-year term.
A member of the Board may not serve more than 2 consecutive full terms.
A member of the Board appointed to fill a vacancy serves the rest of the then current term.
A member of the Board continues in office until their successor is appointed and qualified.
The Mayor, with the approval of at least 9 Board members, may remove a member for:neglect of duty;
misfeasance, malfeasance, or nonfeasance;
a member’s inability or unwillingness to perform the duties of the office;
conduct that impairs a member from performing the duties of the office;
a conviction of a felony or a crime relevant to a member’s credibility for which the penalty and sentence has not been fully satisfied; or
inability to meet the qualifications for a Board member mandated by City or State law or by implementing regulations.
The members of the Board:shall only be entitled to such compensation as provided for in the Ordinance of Estimates or supplementary appropriation legislation; and
are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates or supplementary appropriation legislation.
The Board must meet at the call of the Chair as frequently as required to perform its duties, but not less than 4 times each year.
A majority of the members of the Board constitutes a quorum for the transaction of business.
An affirmative vote by the majority of a quorum is needed for any official action.
The Board must:
hold quarterly meetings with the Chief of each law enforcement agency;
appoint civilian members to the administrative charging committee and trial boards;
receive complaints of police misconduct filed by a member of the public;
review the outcomes of disciplinary matters considered by the administrative charging committee on a quarterly basis;
advise the Mayor and the City Council on policing matters; and
refer each complaint of police misconduct filed with the Board to the appropriate law enforcement agency within 3 days after receipt for investigation.
The Board must publicly publish and submit an annual report to the Mayor and City Council by each December 31 that:identifies any trends in the disciplinary process of police officers in the City;
recommends changes to policy that would improve police accountability in the City; and
describes the activities of the Board and the number of complaints received.
The Board must maintain a public website where reports required under subsection (a) of this section are publicly published.
A complaint of police misconduct may be filed with:the Board or its designee; or
the law enforcement agency that employs the police officer who is the subject of the complaint.
If a complaint is filed with the Board, the complaint must be forwarded to the law enforcement agency that employs the police officer who is the subject of the complaint.
If a complaint is filed with a law enforcement agency, the complaint must be forwarded to the Board within 2 weeks.
The Board shall receive complaints of police misconduct:filed by members of the public;
forwarded to them from a law enforcement agency; or
forwarded to the Board by the Board’s designee, as authorized under <cite data-path="|1|§11-9|(a)|(1)|(i)">§ 11-9(a)(1)(i) of this subtitle</cite>.
The Board must establish a uniform procedure for allowing members of the public to file complaints of police misconduct.
A complaint of police misconduct filed with the Board or a law enforcement agency must include:the name of the police officer accused of police misconduct;
a description of the facts on which the complaint is based; and
contact information of the complainant or a person filing on behalf of the complainant for investigative follow-up.
A complaint of police misconduct need not be notarized.
There is an Administrative Charging Committee for the City.
The Committee comprises 5 members, of which:1 is the Chair of the Police Accountability Board, or another member of the Board designated by the Chair;
2 are civilian members appointed by the Police Accountability Board; and
2 are civilian members appointed by the Mayor.
To the extent practicable the membership of the Board shall reflect the racial, gender identity or expression, sexual orientation, socioeconomic, and cultural diversity of the City.
Each member of the Committee must be a resident of the City of Baltimore.
Before serving as a member of the Committee, a person must receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.
Each member of the Committee serves a 3-year term.
A member of the Committee may not serve more than 2 consecutive full terms.
A member of the Committee appointed to fill a vacancy serves the rest of the unexpired term.
A members of the Committee continues in office until his or her successor is appointed and qualified.
The Mayor may remove a member for:neglect of duty;
misfeasance, malfeasance, or nonfeasance;
a member’s inability or unwillingness to perform the duties of the office;
conduct that impairs a member from performing the duties of the office;
a conviction of a felony or a crime relevant to a member’s credibility for which the penalty and sentence has not been fully satisfied; or
inability to meet the qualifications for a Committee member mandated by City or Stat law, or implementing regulations.
The members of the Committee:serve with compensation, as provided for in the Ordinance of Estimates or supplementary appropriation legislation; and
are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates or supplementary appropriation legislation.
The Committee shall elect a Chair from among its members at the first meeting occurring on or after July 1.
The Chair of the Committee may not serve more than 2 consecutive full terms.
The Committee shall meet once per month or as needed.
A majority of the members of the Committee constitutes a quorum for the transaction of business.
An affirmative vote by the majority of a quorum is needed for any official action.
The Committee must:review the findings of each law enforcement agency’s investigation forwarded by the agency to the Committee;
review any body camera footage that may be relevant to the matters covered in the complaint of police misconduct;
authorize a police officer called before the Committee to be accompanied by a representative;
within 30 days after receipt of the law enforcement agency’s investigatory file, unless the Committee requests further review under subsection (g) of this section, determine if the police officer who is the subject of the charged investigation should be administratively charged or not administratively charged;
if the Committee determines that a police officer should be administratively charged, recommend discipline pursuant to the disciplinary matrix;
if the Committee determines that a police officer should not be administratively charged, make a determination that:the allegations against the police officer are unfounded, or
the police officer is exonerated;
issue a written opinion for each complaint describing in detail the Committee’s findings, determinations, and recommendations; and
forward the written opinion to the Chief of the appropriate law enforcement agency, the accused police officer, and the complainant.
The Committee has the authority to:request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation;
issue subpoenas for documents or witnesses necessary to execute the Committee’s duties; and
record, in writing, any failure of supervision that caused or contributed to the officer’s police misconduct.
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 Committee the investigatory files for the matter.
Each member of the Committee must maintain confidentiality relating to the matter being considered by the Committee until the final disposition of the matter.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director must adopt rules and regulations to carry out this subtitle.
The Director of the Baltimore City Office of Equity and Civil Rights, or its successor office, serves as the director of the Baltimore City Police Accountability Board and is responsible for assisting the Board in performing its responsibilities.
In consultation with the Board, the Director may assign staff from the Office of Equity and Civil Rights to assist the Police Accountability Board and the Administrative Charging Committee.
The Director may expend funds as authorized in the Ordinance of Estimates or in any supplementary appropriations.
At the time a former police officer is nominated to the Board under <cite data-path="|1|§11-3|(a)|(2)">§ 11-3(a)(2) {“Nomination and appointment”} of this subtitle</cite> the Director shall submit written public records requests for the former police officer’s personnel records.
Written public records request shall be submitted to all known law enforcement agencies, police forces, sheriff’s offices, or security forces or law enforcement organizations, regardless of jurisdiction, that employed the former police officer.
Access to personnel records received resulting from requests submitted under paragraph (1) of this subsection shall be limited to those individuals directly involved with the nomination and appointment process for Board members.
All personnel records collected under this subsection shall be retained for the duration of the nomination and appointment process, and then destroyed.
The Director must maintain records of the Police Accountability Board and the Administrative Charging Committee in accordance with a record retention schedule created with the assistance of the Baltimore City Records Management Officer in accordance with City and State law.
All records prohibited from disclosure under the Maryland Public Information Act or other applicable law regarding the confidentiality of these records must be kept confidential by:members of the Board;
members of the Committee;
the Director;
staff from the Office of Equity and Civil Rights; and
any other person who becomes a custodian of the records that are handled by the Board or the Committee.
Ord. 22-146