Article Iv. Police Discipline
Montgomery County, Md., Code § 35-23 (2026)
Sec. 35-23. Definitions.LinkCopy Citation
Definitions. In this Article, the following terms have the meanings indicated.
Administrative Charging Committee or Committee means the Committee established in Section 35-25 to serve Countywide law enforcement agencies and local law enforcement agencies within the County pursuant to Section 3-104 of the Public Safety Article of the Annotated Code of Maryland, as amended.
Administratively charged means that a police officer has been formally accused of misconduct in an administrative proceeding.
Complaint means an allegation of police misconduct involving a member of the public and a police officer, regardless of whether the allegation originated from within the law enforcement agency or from an external source.
Disciplinary matrix means a written, consistent, progressive, and transparent tool or rubric that provides ranges of disciplinary actions for different types of misconduct prepared by the Maryland Police Training and Standards Commission.
Exonerated means that a police officer acted in accordance with the law and agency policy.
Law enforcement agency means the County police force, Sheriff's office, or other security force or law enforcement organization of the County or a municipal corporation that by statute, ordinance, or common law is authorized to enforce the general criminal laws of the State.
Not administratively charged means that a determination has been made not to administratively charge a police officer in connection with alleged misconduct.
Police Accountability Board or Board means the Police Accountability Board for the County established in Section 35-24 pursuant to Section 3-102 of the Public Safety Article of the Annotated Code of Maryland, as amended.
Police misconduct means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes:
(1)
depriving persons of rights protected by the Constitution or laws of the State or the United States;
(2)
a violation of a criminal statute; and
(3)
a violation of law enforcement agency standards and policies.
Police officer means an individual who:
(1)
is authorized to enforce the general criminal laws of the State; and
(2)
is a member of one of the following law enforcement agencies:
(a)
the County police department;
(b)
a municipal police department;
(c)
the office of the County Sheriff; or
(d)
a County fire and explosive investigator.
A police officer does not include the Sheriff, a chief of police, a deputy or assistant chief of police, or another individual with an equivalent title who is appointed or employed by a government to exercise equivalent supervisory authority.
Montgomery County, Md., Code § 35-24 (2026)
Sec. 35-24. Police Accountability Board.LinkCopy Citation
(a)
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.
(b)
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.
An active police officer must not be a member of the Board. A Board member must also meet all qualifications mandated by State law and implementing regulations while serving on the Board.
(c)
Chair. The members of the Board may elect a Vice-Chair to serve as Chair in the absence of the Chair.
(d)
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.
(e)
Meetings, budget, and compensation for members.
(1)
The Board meets at the call of the Chair. The Board must meet as often as necessary to perform its duties, but not less than one time each month.
(2)
The Executive must recommend, and the Council must appropriate funds necessary for the Board and the Administrative Charging Committee to operate in the County’s annual operating budget. The annual appropriation for the Board and the Administrative Charging Committee must include funding for training of members provided by:
(A)
the County Police Department in cooperation with the Sheriff and each municipal police department within the jurisdiction of the Board; and
(B)
appropriate outside organizations.
(3)
The Board member designated to serve on the Administrative Charging Committee must serve on the Board without compensation except for the reimbursement of expenses incurred in attending meetings or carrying out other duties, including travel and dependent care costs at rates established by the County, subject to appropriation. Except for the Board member designated to serve on the Administrative Charging Committee, the annual salary for the Chair is $16,000 and the annual salary for each other Board member is $10,000. 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.
(f)
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.
(g)
Duties. The Board must:
(1)
hold quarterly meetings with the directors of one or more law enforcement agencies operating in the County who employ one or more police officers;
(2)
appoint civilian members to the Administrative Charging Committee and trial boards;
(3)
receive complaints of police misconduct filed by a member of the public;
(4)
review the outcomes of disciplinary matters considered by the Administrative Charging Committee on a quarterly basis;
(5)
advise the Executive and the Council on policing matters; and
(6)
refer each complaint of police misconduct filed with the Board to the appropriate law enforcement agency within 3 days after receipt for investigation.
(h)
Removal of a member. The Executive with the approval of at least 6 members of the Council may remove a member for:
(1)
neglect of duty, including failure to complete mandatory training;
(2)
misconduct in office;
(3)
a member’s inability or unwillingness to perform the duties of the office;
(4)
conduct that impairs a member from performing the duties of the office; or
(5)
inability to meet the qualifications for a Board member mandated by State law or implementing regulations.
(i)
Reports. The Board must submit an annual report to the Executive and the Council each December 31 that:
(1)
identifies any trends in the disciplinary process of police officers in the County;
(2)
recommends changes to policy that would improve police accountability in the County; and
(3)
describes the activities of the Board and the numbers of complaints received.
Montgomery County, Md., Code § 35-25 (2026)
Sec. 35-25. Administrative Charging Committee.LinkCopy Citation
(a)
Establishment. There is an Administrative Charging Committee for the County.
(b)
Membership. The Committee has 5 voting members. The members are:
(1)
the Chair of the Police Accountability Board or another member of the Board designated by the Chair;
(2)
2 civilian members appointed by the Police Accountability Board; and
(3)
2 civilian members appointed by the Executive.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
Meetings. The Committee must meet at least one time each month or more frequently if needed.
(h)
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.
(i)
Duties. The Committee must:
(1)
review the findings of each law enforcement agency’s investigation forwarded by the agency to the Committee;
(2)
review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;
(3)
authorize a police officer called before the Committee to be accompanied by a representative;
(4)
determine if the police officer who is the subject of the investigation should be administratively charged or not administratively charged within 30 days after receipt of the law enforcement agency’s investigatory file unless the Committee requests further review under subsections (j)(1) or (2);
(4)
if the Committee determines that a police officer should be administratively charged, recommend discipline pursuant to the disciplinary matrix;
(5)
if the Committee determines that a police officer should not be administratively charged, determine if:
(A)
the allegations against the police officer are unfounded, including situations where existing departmental policy fails to properly address the situation for which the officer was charged; or,
(B)
the police officer is exonerated;
(6)
issue a written opinion for each complaint describing in detail the Committee’s findings, determinations, and recommendations; and
(7)
forward the written opinion to the director of the appropriate law enforcement agency, the accused police officer, and the complainant.
(j)
Authority of the Committee. The Committee may:
(1)
request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation;
(2)
issue subpoenas for documents or witnesses necessary to execute the Committee’s duties; and
(3)
record, in writing, any failure of supervision that caused or contributed to a police officer’s misconduct.
(k)
Confidentiality. Each member of the Committee must maintain confidentiality relating to a matter being considered by the Committee until final disposition of the matter.
(l)
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.
(m)
Removal of a member. The Executive with the approval of at least 6 members of the Council may remove a member for:
(1)
neglect of duty, including failure to complete mandatory training;
(2)
misconduct in office;
(3)
a member’s inability or unwillingness to perform the duties of the office;
(4)
conduct that impairs a member from performing the duties of the office; or
(5)
inability to meet the qualifications for a Board member mandated by State law or implementing regulations.
Montgomery County, Md., Code § 35-26 (2026)
Sec. 35-26. Trial Board.LinkCopy Citation
The County must compensate the civilian member of a trial board appointed by the Police Accountability Board at the rate of $500 for each day spent in trial and each day spent in training.