It is declared to be the policy of the Mayor and City Council of Baltimore, within the limits hereinafter prescribed, to compensate certain private citizens or, in case of death, certain survivors, where injury, property damage, or death result from assisting in law enforcement activities. City Code, 1976/83, art. 1, §140(a) Ord. 67-1126

The Board of Estimates is hereby authorized and empowered in its discretion to make an award for the death of or injury to any private citizen which has been directly caused:while such person is assisting or coming to the aid of a member of the Police Department of Baltimore City while making an arrest or otherwise engaged in enforcing the laws, ordinances, or regulations of the State of Maryland or the City of Baltimore; or while such private citizen:is attempting to prevent the commission of a crime; or is in fresh pursuit of one who has committed a crime. In deciding on the making of an award in the circumstances above outlined, the Board of Estimates shall have the sole discretion to determine:the amount of the award; to whom it shall be payable in the event that the said citizen suffer death as a result of his intervention; and in the event that such private citizen is not acting in aid of a police officer:whether the crime sought to be prevented was actually occurring and was of such nature as to warrant the intervention of a private citizen; or whether a crime had occurred and was of such a nature as to warrant pursuit by a private citizen. The award herein authorized may be paid from the Contingent Fund of the Board. The term “private citizen” as used herein shall not include a paid guard or other security officer while engaged in the protection of property or persons he is employed to guard. City Code, 1976/83, art. 1, §140(b) Ord. 67-1126

Such sum as may be awarded:shall be granted by the Board of Estimates as a matter of grace and not as a matter of right; and shall be such compensation as the Board in its judgment deems to be right and proper under the circumstances, subject to the following limitations. In the case of personal injury, the award shall be limited:to the injured person’s medical, hospital, and other such expenses; and to his loss of net earning or take-home pay, if any, during the time he is unable to work as a direct result of such injuries. If such person received workmen’s compensation or other insurance payments as a result of such injuries, the award shall be reduced by the amount of such payments. If such person is unemployed and not receiving unemployment insurance at the time of such injuries, the Board in its discretion may award him a sum not exceeding $1,000. In the case of property damage, the award shall be limited to the actual value of the property damaged. In the case of the death of such person, the award shall be to:the surviving spouse; dependent child or children under the age of 18; the person responsible for payment of funeral expenses of the deceased citizen; other dependents or relatives of such deceased citizen to whom he at the time of death was contributing at least 50% financial support; or any combination of the above in the discretion of the Board. Such award may be a lump sum payment in the discretion of the Board or in its discretion may be made in periodic payments not exceeding the amount of such person’s net or take-home wages, salary, or other earned income at the time of such occurrence, or the amount of the special death benefits payable upon the death of a beginning or 1^st -year patrolman of the Baltimore City Police Department, as provided, and in the manner provided in <cite data-path="|22|§34|(i)">Article 22, § 34(i)</cite> of the City Code, whichever is less. The Board shall retain continuing jurisdiction over each such case and may change the amount of the periodic payments or stop them altogether at any time, in its best judgment. City Code, 1976/83, art. 1, §140(c) Ord. 67-1126

Petitions for such award may be made informally to the Board by a written statement of the circumstances surrounding the incident giving rise to the claim. Such petition for compensation shall be filed with the Board within 1 year of the date of the personal injury, property damage, or death. Upon receiving a claim filed under the provisions of this section, the Board shall refer such claim to the Law Department for full investigation and prompt report to the Board. In the discretion of the Board, a hearing may or may not be held and a payment may be made within the above limits without a hearing. Such payment being a matter of grace and not of right, no appeal shall lie from and no further proceedings shall be had after the decision of the Board in a given case. City Code, 1976/83, art. 1, §140(d) Ord. 67-1126

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board of Estimates may adopt and from time to time change reasonable rules and regulations for the administration of this section which are not in conflict with the intent and specific wording hereof. City Code, 1976/83, art. 1, §140(e) Ord. 67-1126 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Before any payment is made under this subtitle, the claimant: shall execute and deliver to the City an instrument, in such form as may be approved by the City Solicitor, assigning to the City all rights and claims which he may have against third persons as a result of the occurrence for which the claim is being made, up to the amount of the City’s award to such claimant; and shall fully release the City from all claims and liabilities of any kind whatsoever arising out of such occurrence, on a form approved by the City Solicitor. City Code, 1976/83, art. 1, §140(f) Ord. 67-1126

In the event that the State enacts legislation on the same general subject covered by this subtitle, the amounts authorized hereunder shall be reduced by the amount of any benefit paid or payable under such State law. City Code, 1976/83, art. 1, §140(g) Ord. 67-1126