Chapter 35. Police.

Definitions. As used in this Section:

Independent investigation required. Except as provided in subsection (f), the Executive must ensure that an independent investigation is performed for each officer involved death. The independent investigation must be led by at least 2 sworn independent investigators:

Report. The independent investigators must submit a final written report to the State’s Attorney.

Publication of the investigation report.

Internal investigation. This Section must not be interpreted to prohibit:

Reporting. If, after making good faith efforts, the Executive is unable to enter into an agreement with another law enforcement agency to perform the required independent investigation, the Executive must submit:

Chief executive officer. The director of police is the chief executive officer of the department of police and in the exercise of official duties the director shall be subject to such orders, rules and regulations as may be issued by the county executive from time to time and shall be responsible to the county executive for the proper and efficient conduct, control and discipline of the department of police.

Law enforcement. The director of police shall take such measures as will ensure prompt and vigorous enforcement of all criminal statutes, laws, regulations and ordinances, enforcement of which comes properly within the scope of the police function and power.

Adoption of regulations, orders, etc., generally. The director of police shall adopt, under method (2) of section 2A-15 of this Code, all regulations for the county which pertain to the work of the department of police. The director shall issue such additional instructions and adopt such orders and administrative procedures, not inconsistent with law, as deemed proper in the exercise of the functions of chief executive officer of the department of police.

Duty assignments, etc. The director of police shall order and direct such assignments to duty, detail and transfers as deemed necessary in the interest of public service.

Fires, riots, etc. The director of police shall maintain contact with supervisors on the scene of any large fire within the jurisdiction of the county police and at the scene of any riot, tumultuous assemblage, catastrophe or other unusual occurrence where the services of large details of police are necessary and shall take command of the police and direct their efforts in the work at hand through his/her supervisors.

Operation of department generally. The director of police shall exact from all members of the police unquestioned loyalty, unfailing energy and strict obedience and shall take prompt action in prosecuting any member guilty of interfering with, or in any manner impeding, the orderly and efficient operation and conduct of the department of police.

Charges against members. The director shall refer all charges properly filed with the director or the department against any member of the police to the office of internal affairs.

Instruction and training. The director of police shall order and direct the instruction and training for the members of the police.

Inspections. The director of police shall develop and implement policies and procedures within the department of police which will ensure an inspection program function at every level of management responsibility. The inspection program will encompass personnel, facilities and property, resource management and operations.

Reports and recommendations. The director of police shall make a written report annually to the county council and county executive as to the operation of the department of police, for the fiscal year ending June 30, and shall submit recommendations for improvements, and shall make such other general and special reports as may be required.

Notice of appointments, transfers, separations, etc. The director of police shall promptly notify the county personnel board of all appointments, transfers, promotions, demotions, suspensions and separations from the department of police.

If the County does not provide police protection in the City of Takoma Park, and the City provides its own citywide police protection, reimbursements to the City for police services must be the greater of the amount calculated under Section 30A-3 or $4,020,521.

If the County resumes police services in the City of Takoma Park after a fiscal year begins, the amount paid under subsection (a) must be prorated according to the number of days in that fiscal year that the County provides the services.

Nothing in this Section limits the jurisdiction of the County police in the City of Takoma Park.

Definitions. In this Section the following words have the meanings indicated:

Established. County Council must appoint an Advisory Commission on Policing.

Composition and terms of members.

New member orientation. Every new member must participate in an orientation program consisting of a menu of training opportunities determined by the Chair in consultation with staff.

Voting, officers, meetings, and compensation.

Duties. The Commission must:

Requests for information. The County, including the Police Department, should respond to Commission requests for information within 30 days after the County receives the request.

Annual Report. By July 1 each year, the Commission must submit to the Executive and the Council an annual report on its functions, activities, accomplishments, and plans and objectives.

Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

Staff. The Executive Director of the Office of the County Council must provide appropriate staff to the Commission.

The Commission is not a regulatory or disciplinary body over any law enforcement agency.

Legislative findings.

Community policing guidelines. To further community policing objectives:

Reporting requirements.

Annual survey.

The Department must designate an individual officer as the point of contact responsible for the data collection and transparency requirements under this Section.

The Department must post online each written agreement it has entered into with a property owner regarding the enforcement of trespass laws.

Definitions. For purposes of this Section, the following terms have the meanings indicated.

Cadet program. The Department must collaborate and partner with local educational institutions to:

Police academy – required program regarding community services and social justice.

Continuing Education. The Department must collaborate and partner with local educational institutions and national law enforcement professional organizations to provide continuing education, as demonstrated by the awarding of Continuing Education Units (CEU’s) or similar credentialing indicating content mastery:

State requirements. The training provided under this Section must incorporate to the extent practicable, and must comply with, the requirements of the Public Safety Article of the Maryland Code, including the Maryland Use of Force Statute.

Definitions. For purposes of this Section, the following terms have the meanings indicated.

Mandatory issuance of body worn cameras. The Department must issue a body worn camera, for the use of an on-duty uniformed or plainclothes employee of the Department, whenever the employee:

Mandatory random review of body-worn camera recordings.

Mandatory review by the Internal Affairs Division. The Internal Affairs Division must investigate, in addition to any matter it is required to investigate by the Chief or under Department policy, any body-worn camera recording identified under subsection (c) that:

Monthly internal affairs reports to the Chief. At least once a month, the Internal Affairs Division must report to the Chief regarding the status of each pending investigation. For each investigation, the report must include, at a minimum:

Immediate reporting of certain investigations to the Chief.

Required reports to the County Executive and the County Council. Within 24 hours after receiving a report of an investigation under subsection (f), the Chief must notify the County Executive and the County Council of the existence and nature of the investigation, including:

Required reports to the State’s Attorney. The Chief must notify the State’s Attorney regarding the existence and nature of an incident or investigation within 72 hours after the Chief:

Copies of investigative files and recordings.

Log of access to body-worn camera recordings.

Prompt completion of internal investigations. At least once every 3 months, the Chief must report to the County Executive and the County Council regarding:

There is an Anti-Hate/Violence Fund in the Department of Police.

The Department of Police may:

The Fund must be made available to the Maryland-National Capital Park police for hate/violence incidents on park property.

A reward paid under this Section must not exceed $2,000.00.

The County must deposit any money it receives under Section 27-8 into the Fund.

The County Executive may adopt regulations under method (2) to implement this Section.

The Department must report to the Council and Executive by February 1 each year on the use of the Fund during the previous calendar year.

In the department of police, the Chief of Police must administer the Drug Enforcement Forfeitures Fund (hereinafter the Fund).

The County Executive or a designee must deposit in the Fund all money that is forfeited to the County under state law as drug-related contraband. Forfeited money may include cash and:

The money in the Fund:

The Chief of Police must provide 2 reports on the Fund to the Executive and Council as follows:

The Executive may adopt regulations under method (2) to implement this section.

Definitions. In this Section, the following terms have the meanings indicated.

Program established. There is a private security camera incentive program within the Department.

Criteria to receive a rebate or voucher. An owner or lessee of a property may qualify to receive a rebate or voucher under the program if:

Funding and limitations.

Regulations. Prior to implementation of the program, the Chief must, in consultation with stakeholders including victims and racially and ethnically diverse residents, promulgate Method (2) regulations to implement the requirements of this Section. The regulations must address:

Annual report. The Chief must report to the Council annually regarding the implementation of the program, including the number and amount of rebates and vouchers awarded, and the efficacy of the program.

Definitions. In this Section, the following terms have the meaning indicated.

Requirements.

Regulations. The Department, after consultation with other relevant departments, must promulgate Method (2) regulations to implement the requirements of this Section. The regulations must establish:

Security Camera Requirements. If a late night business safety plan requires the use of security cameras, then the plan must also require that the late night business owner or operator post signage in a conspicuous location on the interior and exterior of the business notifying the public that the late night business is subject to video surveillance monitoring.

The Department must not require a late night business to:

Appeals. A late night business may appeal the disapproval of a plan, or the identification of a business as a late night business under paragraph (2) of the definition of late night business, to the Board of Appeals under Chapter 2.

Penalty for violating Section.

Voluntary plans for certain businesses.

Grant program.

Annual Reporting. The Department annually must report to the County Council regarding:

Definitions. In this Section, the following terms have the meanings indicated:

Masks or facial coverings – prohibited. A law enforcement agency operating in the County must not wear a mask or facial covering while interacting with the public in the performance of their duties, except for:

Notwithstanding subsection (b) of this Section, the Special Weapons and Tactical Team (SWAT) officers are permitted to utilize gear necessary to protect their faces from physical harm while performing SWAT responsibilities.

Identification for law enforcement officers – requirements.

Reporting a violation or misconduct by a law enforcement officer. A County police officer or a member of the public who witnesses:

A violation reported under subsection (e) should include as much information as possible, including:

The information submitted through the online portal may be used by the Office of the County Attorney to assist in enforcing a violation of County law under Section 1-18 and to make any appropriate referrals to third parties, including the Police Accountability Board.

This Section does not apply to a law enforcement officer operating in plainclothes, non-uniformed, undercover capacity, or while engaged in a covert operation.

Preemption. Nothing in this Section is to be interpreted or applied to create any requirement, power, or duty in conflict with any federal or state law.

Severability. If any provision of this Section, or any application thereof to any person or circumstance, is found to be unconstitutional or otherwise invalid by a decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining provisions of this Section, which can be implemented without the invalid provisions and, to this end, the provisions of this Section are declared to be severable.

There is hereby created a fund designated and known as the police relief and retirement fund of the county. With the recommendation of the county personnel board and the approval of the county council, the county executive may pay all or any part of the monies of the police relief and retirement fund to the approved funding agent of the employees' retirement fund to the county established under the provisions of section 33-34. Payment of benefits from the fund may only be made at the direction of the county personnel board. Such fund shall consist of the following:

All of such amounts shall be paid to the credit of such fund and should such fund at any time be insufficient to defray the expenditures hereinafter provided for, the county council, in that event, is authorized, and it shall be its duty, to levy upon the taxable property of the county a tax sufficient to provide for such deficits and to pay to the credit of such police relief and retirement fund of the county, such sums as may be necessary from time to time to meet the deficiencies of the fund.

The money to the credit of such fund shall be available only for expenditures for the purposes set forth in this chapter, and all expenditures from such fund shall be made and accounted for in the same manner as provided in chapter 33 of this Code.

For the purposes of membership in this retirement law, a member of the county police employed before August 15, 1965, shall be any career employee covered under the county merit system who is deemed to be a police officer by the personnel board.

The county merit system protection board may adopt regulations within the limitations of this article and the employees' retirement system ordinance contained in chapter 33 of this Code to govern the implementation of the provisions of the police relief and retirement fund. These regulations shall be adopted under method (3) of section 2A-15 of this Code and shall be made in appendant of the personnel regulations.

The personnel board of the county shall be responsible for the administration of the police relief and retirement fund which shall become a separate part of the employees' retirement system. Each member of the personnel board shall have one (1) vote and the majority of the board will constitute a quorum for the transaction of any business, the exercise of any power or the performance of any duty authorized or imposed by law.

All expenses incurred by the personnel board in operating the retirement system will be paid from budget appropriations approved by the county council or from the fund.

The county attorney shall be the legal advisor of the personnel board.

At the direction of the personnel board, the county personnel officer shall certify all retirements and all benefits payable under the fund.

The personnel board shall keep a record of all its proceedings under this article, which shall be open to public inspection.

The personnel board may hold hearings when deemed necessary in the performance of its duties. The hearings will be governed by the rules and regulations of the board, and the board shall not be bound by technical rules of evidence.

For disability cases, the personnel board shall designate a retirement hearing board:

For each disability retirement application, the personnel board shall designate a medical board:

Whenever a member of the county police shall have reached fifty-five (55) years of age, and shall have served on the county police for twenty-five (25) years and while in good standing, such member may make written application to the county personnel board and be retired from the service thereof and be entitled to relief from the police relief and retirement fund in the amount of fifty (50) percent per year of the annual salary received by such member at the date of retirement; provided, that any member of the county police who elects to remain a member of such police after twenty-five (25) years service shall be entitled, on retirement, to receive two (2) percent per annum of his salary for each additional year served but in no case shall he receive in excess of a total of sixty (60) percent of his salary at the date of retirement provided further that the requirement of fifty-five (55) years of age shall apply only to persons entering service with the county police on or after July 1, 1955, unless any such persons shall elect to have deducted from his salary, pursuant to the provisions of paragraph (4) of subsection (a) of section 35-14, six and one-half (6 ½) percent of such salary, in lieu of five (5) percent thereof as provided in such paragraph, beginning July 1, 1960, in which event such person may be retired after twenty-five (25) years of service, irrespective of age, such service including all or part of the period of July 1, 1955 through June 30, 1960, without the payment of additional contributions in excess of five (5) percent for this period; provided, that there shall be deducted from the salary of any person who enters service with the county police on or after July 1, 1960, or re-enters pursuant to subsection (g) hereof, on or after July 1, 1960, six and one-half (6 ½) percent of such salary, such person thereby being eligible for retirement after twenty-five (25) years of service irrespective of age. The normal retirement date of any police officer in any one (1) of the three (3) retirement categories mentioned hereinabove shall not be changed as a result of the contribution rate increase provided in paragraph (4) of subsection (a) of section 35-14. The mandatory retirement date of all members of the county police shall be age sixty (60); except, that the mandatory retirement date may be extended as provided in section 33-38.

If a member of the police force dies before or after retirement, leaving a surviving spouse or domestic partner, or an unmarried child under 18 years of age or an unmarried child so mentally or physically incapacitated or disabled as to be incapable of self-support, the surviving spouse or domestic partner is entitled to receive relief from the police fund in an amount not exceeding $125 per month, and each unmarried child under the age of 18 years and each unmarried mentally or physically incapacitated or disabled child, in an amount not exceeding $25 per month. If a surviving spouse or domestic partner granted relief under this Article later marries or enters into a domestic partnership with another person, relief under this Article must end. Relief granted to or for any unmarried child under the age of 18 years must end when the child reaches that age, except an unmarried mentally or physically incapacitated or disabled child or children, as described in the first sentence of this subsection. The Office of Human Resources personnel board must determine the mental or physical incapacity or disability of any child. This subsection applies equally to surviving spouses, or domestic partners, and children of deceased members of the County Police otherwise eligible to receive the benefits provided, regardless of the date of death of the member. No surviving spouse or domestic partner of any deceased member of the police; or child adopted by the member, or born of the member more than one year, after the date of retirement of the member; may receive any relief under this subsection. Notwithstanding any other provision of this subsection, all benefits payable under this subsection to the surviving spouse or domestic partner of the police officer end when the surviving spouse or domestic partner marries or enters into a domestic partnership with another person. The Office may reinstate the benefits upon reapplication of the surviving spouse or domestic partner if their later spouse or partner dies. Notwithstanding anything to the contrary, for the purpose of this Chapter, the term "surviving spouse" includes only the spouse of a police officer not divorced a vinculo from the police officer at the time of the officer's death.

Whenever any member of the county police is injured or contracts a disease in the performance of police duties or an injury or disease is aggravated by such duty and such injury or disease or aggravation disables him for the performance of police duty, such member may make written application to the county personnel board for retirement and relief, or the county executive may make application for his retirement upon his failure or refusal to do so. Upon a finding of fact by such board in support of the foregoing provisions of this subsection, such member shall be retired and receive relief from the police relief and retirement fund in the amount of fifty (50) percent per annum, payable monthly, of the annual salary received by such member at the date of retirement; provided, that in the event such member has served more than twenty-five (25) years in the county police, he shall receive an additional two (2) percent per annum for each year beyond twenty-five (25) years but not to exceed sixty (60) percent per annum of his annual salary at the date of his retirement; provided, that the county personnel board shall, in determining whether such injury occurred or disease was contracted in the performance of police duties or such injury or disease was aggravated by such duty and such injury or disease or aggravation disabled him for the performance of police duties, solicit recommendations and advice from the county executive, except where the retirement application is initiated by the county executive, the superintendent of police and competent medical authority as it may deem necessary.

Whenever any member of the county police, having served not less than five (5) years, shall have become incapacitated either by accident, disease or disability contracted not in the line of duty so as to be unable to perform his duties, such member may make written application to the county personnel board for retirement and relief, or the county executive may make application for his retirement upon the member's failure or refusal to do so. Upon a finding of fact by the county personnel board in support of the foregoing provisions of this subsection, he shall be retired from the service thereof and be entitled to receive relief from the police relief and retirement fund in an amount to be determined as follows: If he shall have served more than five (5) years but less than six (6) years on such police force prior to being incapacitated, he shall receive compensation amounting to ten (10) percent per year of the salary received by him at the date of retirement, and for each additional year he shall have served prior to incapacitation, he shall receive an additional two (2) percent per year of the salary received by him at the date of retirement; but in no case shall any member of such police who is retired under the provisions of this section receive compensation in excess of sixty (60) percent of his annual salary at the date of retirement.

The county personnel board is authorized to certify the payment from such police fund of a sum not exceeding one hundred dollars ($100.00) in any one (1) case to defray funeral expenses of any deceased member of the police of the county, dying while in the service thereof.

Any police officer of the county police who resigns or is discharged from service after August 15, 1955 shall, upon application to the county personnel board, receive the return of the money which he has had deducted from his salary and credited to the police relief and retirement fund of the county since his appointment to the county police; provided, however, that, in the event such officer is indebted for advances of unearned, paid leave or, upon leaving the service, by retirement or otherwise, fails to return uniforms or equipment issued to him, or is otherwise indebted to the county government, the amount due for such leave or other indebtedness or the replacement cost of such uniforms or equipment, may be deducted or withheld from the amount of money to be returned.

Former county police officers who leave the county service in good standing and are later reappointed, after August 15, 1955, and before August 15, 1965, as police officers of the county police force shall be given credit by the personnel board toward retirement for their previous years of service; provided, that before credit can be given toward retirement for such previous years of service, those officers who withdrew their contributions from the police relief and retirement fund made during such previous years of service shall make restitution by August 15, 1968, of the same in full, plus interest at the rate of three (3) percent, compounded annually, for the period during which such contributions were withdrawn in whole or in part; and provided further, that such police officers, upon reappointment, shall be entitled to receive only such retirement benefits as may be provided under the police relief and retirement fund law at the time of their reappointment, as provided by subsequent amendment of such law.

Any person who is a member of the county police department on August 15, 1956, and who served previously as a full-time police officer with the police department of any political subdivision of the county and who can establish to the satisfaction of the personnel board that as such, he performed services for and was supervised by the county police department, during that time, or any person who has served as a temporary, military temporary, or war emergency full-time police officer of the county police department, and who is desirous of obtaining credit toward retirement for such period of service may do so by paying into the police relief and retirement fund, by August 15, 1968, an amount equal to the amount which would have been deducted from his salary for retirement purposes, plus interest at the rate of three (3) percent, compounded annually, until the date such employee contributions are paid into the police relief and retirement fund, or are tendered for payment into such fund by the police officer, had the payor been such regular member of the county police department; provided, that such member shall be given retirement credit without payment for these years during which no deduction for retirement was made from salaries paid to members of the county police department; and any member of the county police, who has served less than twenty-five (25) years, and who has been retired temporarily from service because of disability incurred in the performance of his duties, and who is desirous of obtaining credit toward retirement for such period of temporary retirement may do so by paying into the police relief and retirement fund an amount with interest as hereinabove provided.

Every member of the county police entitled to benefits under the provisions of the police relief and retirement fund law by reason of his retirement prior to July 1, 1958, shall be entitled to receive, effective with the first payment after August 15, 1958, a cost of living adjustment which shall be in addition to any and all benefits provided by the retirement fund. Such adjustment shall be computed by multiplying the retirement payment of the member on July 1, 1958, by a percentage equal to the percentage change in the cost of living from the date of the individual member's retirement to July 1, 1958. The Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, issued immediately prior to the adoption by the county council of the budget for the ensuing fiscal year shall be used to compute the cost of living percentage. Payments hereunder shall not be retroactive but shall continue at the same rate after the first payment until adjusted by resolution of the county council. Adjustments provided for herein shall not be paid from the income or principal of the relief and retirement fund but shall be paid from the general revenues of the county.

The county council is hereby authorized by resolution at any time and from time to time to grant or to change a cost-of- living adjustment to retired members of the county police who are entitled to benefits under the police relief and retirement fund, when, in the opinion of the council, such adjustment is reasonable and necessary. Such adjustment shall be in addition to any benefits paid under the retirement fund and shall in no way affect such retirement benefits. Funds which may be required for such adjustment shall be paid from the general revenues of the county and shall not be paid from the income or principal of the relief and retirement fund. The amount of money necessary to fund such cost of living adjustments must be budgeted and paid into the fund of the employees' retirement system before such increases may become effective.

Anything herein to the contrary notwithstanding, all persons receiving benefits payable under the provisions of this article may be paid on the same periods as regular employees of the county government or, in any event, on a monthly, semi-monthly or bi-weekly basis. Effective July 1, 1971, the provisions of subsection (a) of section 33-53 shall be applicable, and other provisions of this subsection noted hereinabove shall be deleted therefrom.

Any unmarried police officer may designate a beneficiary or beneficiaries to receive, without interest, a lump-sum payment of the amount of money the officer has contributed into the County Police relief and retirement fund in the event of the officer's death before retirement. In addition to the benefits for surviving spouses, or domestic partners, and children otherwise provided in subsection (b) of this section, a police officer who is married or in a domestic partnership may designate a beneficiary or beneficiaries to receive, without interest, in the event of the officer's death before retirement, a lump-sum payment of the balance of the amount of money the officer contributed into the police relief and retirement fund that has not already been paid out to the officer's surviving spouse, or domestic partner, or children, if any, during the time these survivors were qualified to receive those benefits. An officer must designate beneficiaries according to procedures established by the personnel board. If a police officer does not designate a beneficiary or beneficiaries, any sum due as return of paid-in contributions must be paid to the officer's estate.

As provided in the personnel regulations, compensatory leave and annual leave which an employee has credited to his leave account may be used in payment for the purchase of service credits under the police relief and retirement fund. Lapsed salary monies of a member's department may be used for these payments; provided, that the county council authorizes such use of lapsed salary monies by resolution. This option must be exercised within ninety (90) days of the effective date of this act.

If a member retiring on or after May 1, 1970, elects to have his accumulated sick leave credited for retirement purposes in lieu of participating in any sick leave bonus incentive plan or payment plan provided in personnel regulations, each one hundred seventy-six (176) hours of accumulated sick leave will be considered as being the equivalent of one (1) month of credited service for retirement purposes. Not more than four thousand two hundred twenty-four (4,224) hours of such accumulated sick leave shall be creditable for retirement purposes, and any accumulated sick leave less than twenty-two (22) days shall not be creditable for retirement purposes.

Whenever the cost-of-living adjustment plan provided by section 33-44 is implemented, it shall be fully applicable to the retired members of the police relief and retirement fund and the provisions of subsections (i) and (j) of this section shall automatically be repealed in their entirety, and all subsections following thereafter appropriately relettered. Except as specifically provided in subsection (f) of section 33-44, the amount of retirement pay being received by a group D retired member shall not be reduced upon the abolishment of subsections (i) and (j) of this section.

The county personnel board, in its discretion and at any time, may cause any person receiving any relief allowance under the provisions of this article, who has served less than twenty-five (25) years, to appear before competent medical authority selected by the county personnel board and undergo a medical examination, as the result of which the board shall determine whether the relief in such case shall be continued, increased, decreased or discontinued, or whether such person shall be restored to active service and shall further determine the duty that his age or disability will permit him to perform. Each member of the county police so restored to active service shall, upon resumption of such service, receive a rate of compensation which would be the equivalent of the rank and pay steps thereof to which he was assigned at the time of his retirement, which compensation shall be in lieu of his retirement benefits during the remainder of his active service and shall, from and after the date of resumption of service as aforesaid, be subject to the provisions of this article, as now or hereafter amended, wherever applicable. Should any person receiving relief under the provisions of this article, after due notice, fail to appear and undergo the examination prescribed herein or refuse to be restored to active service as herein provided, the personnel board is authorized to reduce or entirely discontinue such relief.

The county personnel board, subject to the approval of the council, may reduce or discontinue the relief granted to any person under the provisions of this article if such person shall have been convicted in any court of any crime involving turpitude. Such board, subject to the approval of the council, may also reduce or discontinue the relief granted to any person under the provisions of this article when it shall appear to its satisfaction from evidence before it that such person is a habitual drunkard or guilty of lewd or lascivious conduct.

In the event it is determined by the county personnel board, upon a finding of fact pursuant to subsections (c) and (d) of section 35-15, that any member of the county police who has applied for retirement and relief under such subsections could, through appropriate medical or other treatment, cure, improve or arrest any disease, disability or the results of any accident so as to remove any incapacity, the board may, in its discretion, refuse to retire such member unless and until he undergoes the necessary treatment for the disease, disability or results of such accident. If, following completion of such treatment, the board determines that such member is still incapacitated so as to be unable to perform his duties, such member shall be retired and receive relief as provided in subsections (c) and (d) of section 35-15.

Upon preparation and recommendation by the personnel board of amendments of the retirement fund established by this article, the county council may adopt and put into effect such amendments by ordinance; provided, that any increase in benefits enacted thereby is adequately funded. No amendment shall reduce the amount of any accrued pension which has been covered by a reserve held in the system or the term of monthly payments or shall delay the due date of any payment, without the consent of the member thereto.

The county council shall afford members the opportunity to be heard at a public hearing before it acts on any amendment of this retirement fund or before it acts on any proposal to reduce the funding of the police relief and retirement fund as provided by this section.

Familiarity with rules and regulations. It shall be the duty of every employee of the police to become thoroughly familiar with the rules and regulations promulgated by the director of the department of police.

Police functions-Eumerated. The functions of the county police are:

Same-Manner of carrying out functions. In carrying out the functions described in this section, all employees of the department of police shall coordinate their efforts in such manner as will tend to establish, maintain and promote the highest standard of efficiency.

Definitions. In this Section, the following terms have the meanings indicated.

Use of force policy directive – required.

Minimum standards for use of force policy. The use of force policy directive required under this Section must, at a minimum:

Policy directive regarding knocking and announcing entry into a residence - required. The Chief of Police must issue a policy directive that regulates when a member of the police may:

Minimum requirements for policy directive regarding no-knock entries into private premises. The policy directive issued under subsection (d) must, at a minimum, require that:

The Chief of Police annually must provide a public report indicating the number of no-knock search warrants served by the Montgomery County Police SWAT team, including statistics on the number of warrants served:

The Chief of Police, in consultation with impacted persons, the Police Advisory Commission, communities, and organizations, including representatives of civil and human rights organizations, victims of police use of force, and representatives of law enforcement associations, must provide written guidance regarding:

Scope of directive. The policy directives established under this Section:

Short title. This Section may be known and cited as the “Uplifting Victims and Immigrant Safety Act” (U VISA).

Definitions. In this Section, the following terms have the meanings indicated.

U visa policy directive – compliance with federal law. A policy directive or guidance issued by the Chief of Police or designee that describes the eligibility process for certifying an individual, who has been identified as a victim of a qualifying crime, for the purpose of a U visa petition:

Nothing in this Section must be construed to prevent enforcement by any member of the Department, the State’s Attorney Office, or any other investigative agency.

depriving persons of rights protected by the Constitution or laws of the State or the United States;

a violation of a criminal statute; and

a violation of law enforcement agency standards and policies.

is authorized to enforce the general criminal laws of the State; and

is a member of one of the following law enforcement agencies:

Establishment. There is a Police Accountability Board for the County. The Executive must appoint the nine voting members of the Board, including the Chair, subject to confirmation by the Council. The Executive may appoint one or more non-voting members to the Board. At least one voting member must reside in a municipality operating a police department that is within the jurisdiction of the Board.

Composition and qualifications of members. The members of the Board must reflect the racial, gender, gender-identity, sexual orientation, and cultural diversity of the County. Each member must reside in the County and be able to demonstrate through professional or lived experience the ability to balance effective oversight, perform objective analysis of an investigation report, and practice procedural fairness.

Chair. The members of the Board may elect a Vice-Chair to serve as Chair in the absence of the Chair.

Term of office. Each member serves a 3-year term. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.

Meetings, budget, and compensation for members.

Staff. The Chief Administrative Officer must provide appropriate dedicated full-time staff to the Board and make available to the Board services and facilities that are necessary or appropriate for the proper performance of its duties. The County Attorney must retain special legal counsel approved by the Council to serve as counsel to the Board.

Duties. The Board must:

Removal of a member. The Executive with the approval of at least 6 members of the Council may remove a member for:

Reports. The Board must submit an annual report to the Executive and the Council each December 31 that:

Establishment. There is an Administrative Charging Committee for the County.

Membership. The Committee has 5 voting members. The members are:

Composition and qualifications of members. The Committee consists of a chair and 4 additional members. The members of the Committee must reflect the racial, gender, gender-identity, sexual orientation, and cultural diversity of the County. Each member must reside in the County and be able to demonstrate through professional or lived experience the ability to balance effective oversight, perform objective analysis of an investigation report, and practice procedural fairness.

Training. Each member of the Committee must complete training on matters relating to police procedures from the Maryland Police Training and Standard Commission before serving as a member.

Staff. The Chief Administrative Officer must provide appropriate dedicated full-time staff to the Committee and make available to the Committee services and facilities that are necessary or appropriate for the proper performance of its duties. The County Attorney must retain special legal counsel approved by the Council to serve as counsel to the Committee.

Compensation. The annual salary for each Committee member is $16,000. The annual salary of the member of the Police Accountability Board chosen to concurrently serve on the Committee is $22,000. The salary for each member must be adjusted on the first Monday in December by the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.

Meetings. The Committee must meet at least one time each month or more frequently if needed.

Term of office. Each member serves a 3-year term. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.

Duties. The Committee must:

Authority of the Committee. The Committee may:

Confidentiality. Each member of the Committee must maintain confidentiality relating to a matter being considered by the Committee until final disposition of the matter.

Duties of the law enforcement agency. The law enforcement agency must investigate and submit a written investigation report to the Administrative Charging Committee for each complaint received by the agency or referred to the agency by the Police Accountability Board. Each law enforcement agency must submit a monthly report to the Administrative Charging Committee detailing complaints received and the status of each investigation.

Removal of a member. The Executive with the approval of at least 6 members of the Council may remove a member for: