Chapter 35. Police - Regulations
COMCOR 35.00.01 Emergency Communication Center’s Tape Charge
COMCOR 35.00.01 Emergency Communication Center’s Tape ChargeLink
Montgomery County, Md., COMCOR § 35.00.01.01 (2026)
35.00.01.01 PurposeLinkCopy Citation
The purpose of this regulation is to establish fees for the reproduction of tapes of telephone or radio messages received at the Montgomery County Emergency Communications Center and for the search and preparation of such materials for a period of time exceeding two hours. Nothing in this fee regulation waives any of the confidentiality requirements of the Maryland Public Information Act or of the discretionary denial of public information authorized by the Maryland Public Information Act. The assessment of reasonable fees is authorized by Maryland Code, State Government Article, Section 10-621.
Montgomery County, Md., COMCOR § 35.00.01.02 (2026)
35.00.01.02 ApplicabilityLinkCopy Citation
A minimum fee of $150.00 applies when any individual or entity requests reproduction of tape copies of any telephone or radio message received at the Emergency Communications Center, including Police, Fire, Rescue, and Emergency Medical Service communications. An additional fee of $50.00 per hour is charged for reproduction exceeding one hour and for search and preparation time in excess of two hours.
Montgomery County, Md., COMCOR § 35.00.01.03 (2026)
35.00.01.03 SeverabilityLinkCopy Citation
If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.
Montgomery County, Md., COMCOR § 35.00.01.04 (2026)
35.00.01.04 Effective DateLinkCopy Citation
This regulation becomes effective 30 calendar days after approval by the County Council or 90 calendar days after Council receipt of the Regulation if Council takes no action within 60 days of receipt.
Sec. 35-3 Powers and Duties of Director - Regulations
COMCOR 35.03.01 Police Outside EmploymentLink
Montgomery County, Md., COMCOR § 35.03.01.01 (2026)
35.03.01.01 DefinitionsLinkCopy Citation
1. Employment – any work, occupation, labor or profession that results in compensation to the employee.
2. Secondary Employment – any employment not required by the Montgomery County Department of Police.
3. Security Related Secondary Employment – any employment where the employee is hired for the express purpose of protecting the proprietary interests of the secondary employer.
4. Uniformed Security Related Secondary Employment – any employment where the employee is hired for the express purpose of protecting the proprietary interests of the secondary employer and the employee wears a Montgomery County police uniform.
5. Employee – refers to all police officers.
Montgomery County, Md., COMCOR § 35.03.01.02 (2026)
35.03.01.02 Secondary EmploymentLinkCopy Citation
1. All employees who desire secondary employment must comply with the procedures and provisions established in this regulation. Except in accordance with this regulation, employees will not engage in any employment outside the Department without the required approvals.
2. The primary duty, obligation, and responsibility of every employee is to the Department of Police. Employees who are directed to work overtime, or are directed to report to work on their days off, will do so regardless of the fact that outside employment is approved. Outside employment should not become additional full-time employment.
3. Requests for approval for unit members who are in a leave without pay status, including unit members who are suspended without pay to work non-uniformed secondary employment, shall be processed by the employee’s district/unit commander within not more than one business day. However, the approval process (MCP #307) must be initiated as indicated in COMCOR 35.03.01.03.1, and the COMCOR 35.03.01.04 restrictions shall apply. In the event that approval of the written request is subsequently denied, the employee will be required to immediately terminate the outside employment in question.
Montgomery County, Md., COMCOR § 35.03.01.03 (2026)
35.03.01.03 Request ProcedureLinkCopy Citation
1. Approval from the chief of police or designee via an agreed upon Secondary Employment Request must be obtained by an employee prior to engaging in any outside employment, except as stated in COMCOR 35.03.01.03.3.
2. If there is no question regarding conflict of interest in accordance with this article, the chief of police shall act upon a request for approval of outside employment and provide notification to the employee within 5 days after the employee submits his/her application. Employees will be notified of approval earlier if such approval is given.
3. For security related secondary employment, an agreed upon Secondary Employer Agreement for Security Related Work must be completed by the employee, signed by the secondary employer prior to working the secondary employment, and sent to the chief, Management Services Bureau.
4. Approval of both security related, and non-security related, secondary employment of a short, spontaneous, temporary duration that requires immediate acceptance by an employee, may initially be granted by the employee’s district/unit commander within not more than one business day. The agreed upon Employer Agreement for Security Related Work must be completed prior to the employee working any security related secondary employment. However, in every instance, the approval process must be initiated as indicated in COMCOR 35.03.01.03.1. In the event that approval of the written request is subsequently denied, the employee will be required to immediately terminate the outside employment in question.
5. An approval request by the Department authorizes only such work and conditions as are specifically designated on the request form. Approval or denial by the Department will be determined in accordance with this regulation. In those instances where approval is granted, the employee may begin work. Approval will be granted as follows:
a. 3 Year Approval: Remains in effect for three years from the date of the Ethics Commission’s approval. Each employee will be notified, via memorandum or electronically, prior to the end of the three-year approval period. To continue the secondary employment, the employee must submit a new request.
b. Twelve Month Approval: Remains in effect for twelve months from the date of the Ethics Commission’s approval. Each employee will be notified, via memorandum or electronically, prior to the end of the twelve-month approval period. To continue the secondary employment, the employee must submit a new request.
c. Limited Approval: Remains in effect until the employment is completed. This is used for the short term, temporary employment (i.e., one day event).
6. Denial will be determined initially by the chief of police or designee. If denied, the employee may appeal the decision to the chief administrative officer or designee who shall review the action and respond to the employee to determine within 7 days. Decisions of the CAO or designee may be submitted to arbitration as provided at Article 8, Sections E through H of the collective bargaining agreement.
7. The Department will submit all requests for approval of outside employment with a duration of over six weeks to the Ethics Commission for approval. The employee may not work the secondary employment in question if denied by the Ethics Commission. See FOP Collective Bargaining Agreement for reopener provision.
8. All non-security outside employment approved prior to the effect date of this regulation will remain in effect until its normal expiration date but no longer than three years, unless rescinded for other cause, or prohibited by regulation or law.
9. If a Department employee owns a business or is in charge of hiring personnel, including Department employees, the employee must disclose this information when application is made for secondary employment.
10. Approval for work performed on behalf of the Montgomery County Board of Education (i.e., school, office or agency) shall pertain to all future similar work performed by the employee on behalf of that agency.
Montgomery County, Md., COMCOR § 35.03.01.04 (2026)
35.03.01.04 RestrictionsLinkCopy Citation
1. Employees shall not engage in any secondary employment which is in conflict with the Montgomery County Government and Department of Police.
2. Employees shall not engage in any outside employment which will adversely affect their ability to perform their duties.
3. Employees shall not engage in any outside employment which presents an unacceptable risk of disabling injury that would limit an employee’s return to regular duty. “Unacceptable risk” means any risk that is greater than that required of a police officer generally.
4. Employees will not engage in secondary employment during the actual hours: for which they are scheduled to work for the county, while on approved sick leave, FMLA, parental leave, disability leave, administrative leave, or professional improvement leave. However, employees may not engage in secondary employment during any period while on sick leave, disability leave, and FMLA if the employment can be reasonably construed to delay or preclude full recovery and return to work.
5. Employees who have had medical restrictions placed upon them as a result of an illness or injury must abide by those restrictions while working secondary employment. Employees with such restrictions may be subject to COMCOR 35.03.01.04.3 above. If employees are restricted from wearing their uniform while on-duty, they shall not wear their uniform during secondary employment.
6. Employees will not use any police equipment or exercise any police authority while engaged in any secondary employment while their police powers are suspended.
7. In Montgomery County, employees will not engage in secondary employment in any capacity for any business that sells, dispenses or handles alcoholic beverages with the following exceptions: An employee may work for a store, restaurant, motel, hotel, country club or similar establishment as a security person, desk clerk, or similar capacity, provided no part of the employee’s specific duties are related to or involve the bar area where alcoholic beverages are sold or dispensed, the employment does not require “bouncer” duties and the sale, dispensing or handling of alcoholic beverages is not the primary business of the establishment.
8. No employee shall engage in business with the Montgomery County Government without first revealing his/her employment status with the County.
9. Except for uniformed secondary employment, employees will not engage in secondary employment if the authority vested in them as a county employee (to be a police officer) is a requirement for obtaining or holding the employment.
10. Employees will not divulge their association with the Department in the course of their employment as a sales person.
11. Except as provided in this regulation, employees may not be employed by or have any ownership interest in any business subject to the authority of or doing business with the Police Department.
12. No towing service owned and/or operated by off-duty Montgomery County police employees shall be used for towing of vehicles at the request of on-duty Montgomery County police employees unless specifically requested by the owner or operator of the vehicle involved.
13. School Bus Operator – No employee of the Department shall operate a school bus immediately after working a midnight shift.
14. Employees, in the performance of their secondary employment, will not take advantage of any services provided by the Department unless in the performance of legitimate police action. (Under the provisions of the CJIS Law, it is a violation to disseminate criminal records information to non-criminal justice agencies or to anyone when not in the scope of official business. Further, obtaining any information, criminal or non-criminal, can only be done in the same capacity as a private citizen when not for official police activity. Any deviation from this can subject the employee to tort liability.)
15. Employees may not use confidential information gained in county employment for outside financial gain or for any purpose other than use in county employment.
16. Employees, while on duty, may not accept or solicit referrals for their secondary employment.
17. Employees will not distract or coerce other county employees during their scheduled work hours to buy or use products or services sold or offered as part of their secondary employment.
18. PPVs and SOFVs may be driven to and from the job site and used as a stationary observation post but must not otherwise be used in the course of or in furtherance of their secondary employment work. While using the vehicle as a stationary observation post, employees must monitor the police radio as required by any applicable collective bargaining agreement.
19. Employees are prohibited from working for any person(s) or any entity owned (at least 5% ownership) by a person, or persons, they supervise, or who supervises them as part of their county employment.
20. Approval for secondary employment may be suspended by the Police Department based upon credible information that the secondary employer, official of the employing company, or an employee’s supervisor, becomes the subject of a law enforcement investigation or enforcement action other than a petty offense or traffic charge where the focus of the investigation or enforcement action creates a conflict of interest between the secondary employment and the employee’s status as a police officer. Employees will cease employment upon notice by an appropriate supervisor of a suspension pursuant to the above condition. Employment suspended under this section may be reinstated without need for reapplication, at the conclusion of the law enforcement investigation or enforcement action.
21. This subsection implements the authority provided in Montgomery County Code §19A-11(b)(6).
a. Montgomery County Code §19A-11(a) does not apply to an employee’s exercise of the employee’s police authority during approved secondary employment (e.g., traffic direction).
b. For purposes of the following sentence only, the term “employee” includes a fire/rescue employee. Montgomery County Code §19A-11(a) does not apply to an employee who is exercising the employee’s official duties in an emergency affecting a business or property in which the employee or a relative of the employee has an economic interest.
22. This subsection implements the authority provided in Montgomery County Code §19A-12(c)(2). Montgomery County Code §§19A-12(b)(1)(A) and (b)(2) do not prohibit an employee from working outside employment for an organization solely because that organization is located in the County or in the district where the employee is assigned.
Montgomery County, Md., COMCOR § 35.03.01.05 (2026)
35.03.01.05 Security Related Secondary EmploymentLinkCopy Citation
1. No employee shall work in security related secondary employment unless:
a. The employee completes both the Secondary Employment Request and the Secondary Employer Agreement for Security Related Work.
b. The employee has been employed by the Montgomery County Department of Police for at least one year as an employee as defined in this regulation.
2. When the employee determines that an offense report should be initiated, the employee will call an on-duty employee to take the report and initiate an investigation to the same extent as if a private citizen had called the police. This policy is not intended to prohibit an employee witnessing the commission of a crime from taking immediate and appropriate police action. However, once the situation is under control, the employee will call on-duty employees.
3. The employee will work only as a surveillance guard and, if the employee anticipates a situation where the presence of on-duty uniformed employees would have a calming or deterrent effect, they will be requested.
4. Security related secondary employment shall be limited to duties customarily associated with those performed by a watchman or guard, and will not include background investigations or any form of investigative surveillance work related to any divorce, separation, or other domestic situation within Montgomery County.
5. No follow-up investigations of previously reported offenses will be handled by off-duty employees; all information coming to their attention relating to such incidents will be reported to investigating employees.
6. While on duty with the Department, the employee will show no preferential coverage to the place of the employee’s secondary employment, nor while employed there off-duty will he/she encourage visitation by on-duty employees.
7. Under no circumstances will an employee act as an intermediary between a particular secondary employer and a group of employees employed as watchmen/security guards for the purpose of scheduling, coordinating or any other similar activity unless the employee has first obtained the appropriate license from the superintendent of the Maryland State Police, if such license is required.
8. Employees will not be permitted to work security-related secondary employment unless the secondary employer agrees:
a. To pay officers appearing in court on their day off or during non-regularly scheduled working hours for civil incidents arising from off-duty employment activity.
b. To pay the employee by check showing proper deduction for Social Security, if required by law.
c. To provide Worker’s Compensation Insurance coverage for the employee, if required by law.
d. Except for non-regular, occasional, or sporadic employment for a private individual, the secondary employer agrees to maintain a comprehensive general public liability insurance policy in a minimum amount of $500,000, which policy will cover the employee against any and all claims and/or liability resulting from such employment.
e. To make no attempts to exert any influence regarding a police decision involving whether an arrest should be made.
f. To initiate all formal charges for trespassing and not let the employee initiate such charges.
g. To keep the agreement between the secondary employer and the county in force for the duration of the period specified in the agreement.
Montgomery County, Md., COMCOR § 35.03.01.06 (2026)
35.03.01.06 Additional Restrictions – Uniform Secondary EmploymentLinkCopy Citation
1. Police employees are authorized to work uniform off-duty security only within the boundaries of Montgomery County, Maryland.
2. Employees may work secondary employment in uniform only as a watchman or surveillance guard.
3. Employees will not engage in secondary employment where there is a potential conflict of interest between the employee’s duties as a police employee and duties for the employee’s outside employer.
4. Uniform off-duty security employment is prohibited if the employee’s police powers are suspended or revoked.
5. Uniform off-duty security employment is prohibited in the following circumstances:
a. An employee is under the influence of alcohol or drugs.
b. It is probable that on-duty employees would respond as a result of a demonstration, protest march, sit-in, labor/management dispute, or mass arrest situation.
c. The employee is in a leave status identified in COMCOR 35.03.01.04.4, or in a leave without pay status.
d. The secondary employment establishment sells, distributes or serves alcoholic beverages unless two or more officers are hired to work and are present the entire time, and provided that no part of the employee’s specific duties are related to, or involve the bar area where alcoholic beverages are sold or dispensed, the employment does not require “bouncer” duties and the sale, dispensing or handling of alcoholic beverages is not the primary business of the establishment.
e. Gambling is occurring in the secondary employment establishment (other than the sale of state lottery tickets by the secondary employer).
6. Uniform off-duty security employment must be terminated immediately upon notice to the employee by an appropriate Department supervisor, that the secondary employer, official of the employing company, or an outside employer’s supervisor, becomes the subject of a law enforcement investigation or enforcement action other than a petty offense or traffic charge.
7. Police employees may only work uniform off-duty security on the premises of their secondary employer, or on property immediately adjacent to the secondary employer’s property.
8. In the event the County develops the capability to retain and monitor such information, employees engaging in uniform off-duty security employment may be required to immediately notify the Emergency Communications Center at the beginning and end of the work period indicating the secondary employer and the duty location.
9. Employees are only authorized to work secondary employment in uniform a maximum of 16 hours in a forty-hour workweek, days off are excluded.
10. Employees are prohibited from working uniform off-duty security employment for:
a. Debt collectors.
b. Private process servers.
c. Skip tracers.
d. Employers engaging in repossession of property.
e. Employers doing pre-employment investigations.
f. Bail bonding agencies.
g. Employers engaging in the towing of vehicles.
h. Employers engaged in the security guard, private investigator, or private detective business.
11. If uniformed secondary employment work requires the simultaneous presence of six or more officers at the secondary employment site at one time, the secondary employer shall agree to hire an additional person whose full time position is that of a Montgomery County Police sergeant. The sergeant shall be responsible for supervising the employees at the secondary employment site consistent with the policies and procedures of the Department. If no sergeant can be hired, an additional officer shall be hired and the most senior of the officers shall be responsible for supervising the employees at the secondary employment site.
12. See FOP Collective Bargaining Agreement for Reopener.
13. Unit Members may be employed in uniform for the following functions:
a. Traffic direction to assist with ingress and egress from public or private property, e.g., churches, synagogues, shopping centers. However, whenever a permit is required from a local, state or federal government, the secondary employer must obtain such permit as a condition of employment.
b. Traffic direction at construction sites, block parties, races, parades and other events provided the secondary employer obtains any required permits.
c. Traffic monitoring and selective enforcement for a local government, special taxing authority, government entity, provided no county, state or federal permit is required.
d. Assigned vehicles may be used when the unit member is employed by a local government, special taxing district, or a government entity, provided that the government entity for whom the unit member is working secondary employment agrees to reimburse the County a fair and reasonable rate for such vehicle use. The County has the discretionary authority to determine a “fair and reasonable rate of reimbursement.” Although this authority cannot be exercised in an arbitrary manner.
e. Teaching or instructing a law enforcement topic for a college or university.
f. Under other reasonable circumstances where the parties agree, is in the interest of public safety.
14. Employees may not work in uniform in any capacity for employers engaged in the security guard, private investigator, or private detective business.
Montgomery County, Md., COMCOR § 35.03.01.07 (2026)
35.03.01.07 Uniforms and EquipmentLinkCopy Citation
Employees, in the performance of their secondary employment, are permitted to carry and utilize the following issued county or otherwise authorized equipment:
1. Weapons/Protective instruments (carried in an inconspicuous manner unless uniformed): Handgun; OC spray; baton; and flashlight; electronic control device and other weapons/protective instruments mutually agreed upon by the parties.
2. Portable radio; Ballistic vest; Handcuffs; MCP badge and credentials.
3. Baseball cap or other headgear (uniformed only).
4. Employees may wear the patrol uniform and authorized issued equipment while engaged in uniformed secondary employment and while going to and from the secondary employment site. If the uniform is worn, the entire uniform, along with the Sam Browne belt, revolver/pistol, handcuffs, and portable radio, must be worn by the officer.
Montgomery County, Md., COMCOR § 35.03.01.08 (2026)
35.03.01.08 Cancellation of EmploymentLinkCopy Citation
Any employee who ceases or cancels secondary employment will notify the Police Department in writing or electronically, indicating cancellation, if:
1. Approval was for 3 years and it has not expired, or
2. Approval was for 12 months and it has not expired.
Montgomery County, Md., COMCOR § 35.03.01.09 (2026)
35.03.01.09 Traffic DirectionLinkCopy Citation
Employees who are hired for traffic direction or traffic control shall wear their issued reflective vest or raingear (as appropriate).
Sec. 35-7 Fees, Costs and Charges - Regulations
COMCOR 35.07.01 Fingerprint and Report Reproduction Service FeeLink
Montgomery County, Md., COMCOR § 35.07.01.01 (2026)
35.07.01.01 PurposeLinkCopy Citation
The purpose of this regulation is to establish a fee to cover the costs of the materials used by police personnel who fingerprint and research criminal events, traffic-accident reports or other police reports, and make copies of those reports and fingerprint cards for private use. These services are available at any of the six district stations and police headquarters at a cost of $10.00 for each fingerprint card and/or report as requested in person or by mail. Fees are collected at the time of service.
Montgomery County, Md., COMCOR § 35.07.01.02 (2026)
35.07.01.02 ApplicabilityLinkCopy Citation
A person who wants to be fingerprinted and/or needs a copy of a police report must pay a fee of $10.00 per fingerprint card/report requested, except a taxicab operator exempted under Section 53-53 of the County Code, a County employee fingerprinted for employment-related purposes, and/or any other person exempted by law.
Montgomery County, Md., COMCOR § 35.07.01.03 (2026)
35.07.01.03 SeverabilityLinkCopy Citation
If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.
Sec. 35-13B Drug Enforcement Forfeitures Fund - Regulations
COMCOR 35.13B.01 Drug Enforcement Forfeiture FundLink
Montgomery County, Md., COMCOR § 35.13B.01.01 (2026)
35.13B.01.01 AdministrationLinkCopy Citation
1.1. Source of Funds. Monies forfeited to Montgomery County, Maryland, under Sections 297 and 297A, Article 27, Annotated Code of Maryland 1957, 1982 Repl. Vol. as amended, after April 29, 1986, must be the source of the funds for the Drug Enforcement Forfeiture Fund ("Fund"). These funds shall include cash or currency, proceeds derived from sale of real property, criminal proceeds, conveyances, personal property, including financial instruments, and funds turned over to Montgomery County from other governmental agencies through drug enforcement asset sharing procedures, as well as any other funds to which the county is entitled as a result of drug forfeiture proceedings.
1.2. Authorization to Expend Funds. All expenditures of the fund must be authorized by appropriation pursuant to Article 3 of the Montgomery County Charter.
1.3. Use of Funds. The intent of Section 35-13B is to allow the Department of Police the discretion to use the Fund for narcotics enforcement in the areas of investigations, training, and equipment procurement. Subject to authorization by the Chief of Police or his designee, Fund monies must be used in the following manner:
(a)
Investigations. Fund monies must be used for the controlled purchase of drugs, to pay informants, and other expenses related to drug investigations.
(1)
Expenditures for investigations are limited to monies available in the Fund. No amount greater than $25,000 may be spent on any single investigation. In cases where a single investigation requires an expenditure greater than the $25,000 limit, the Chief of the Investigative Services Bureau must recommend the expenditure to the Chief of Police who will have final authority to approve the request, subject to the status of the account balance.
(b)
Training. To remain current with investigative techniques and to maintain the technical expertise required for narcotics investigations, Fund monies must be used to allow officers to attend, participate in, and conduct training programs and professional meetings in the field of drug investigations and other topics relevant to those investigations including interagency gatherings for the purpose of information exchange.
(1)
Expenditures for training purposes must be for travel, lodging, registration, instructional expenses, per diem, meeting expenses, consultants, and other costs approved by the Chief of Police consistent with the appropriate county administrative procedures or executive regulations.
(2)
Fund monies for training purposes may be spent only after authority has been given by the director of the Special Investigations Division, the chief of the Investigative Services Bureau, the Training Selection Committee, and the Chief of Police.
(c)
Equipment. In order to allow the Police Department to utilize the most recently developed equipment and state-of-the art technology in the enforcement of narcotics laws, Fund monies may be used to purchase or lease equipment. The Special Investigations Division also may lease equipment to increase or supplement the
Department's present capabilities in individual cases, where appropriate, including the lease of motor vehicles.
(1)
Expenditures for equipment purposes must be made in accordance with Montgomery County Government Procurement Regulations.
(A)
Purchases. A committee, comprised of the chief of the Investigative Services Bureau, the police Management and Budget director, and the director of the Special Investigations Division, must determine if a requested item should be purchased, and must forward the recommendation for an item's purchase to the Chief of Police for review and approval. If the Chief of Police approves the committee's decision, a purchase request must be sent to the Office of Procurement for action.
The Department of Police must recommend the appropriate method of procurement for the item(s) requested based on the department's needs. Expenditures of $500 or less can be authorized by the director of Special Investigations Division.
(B)
Leasing/Rental. Leases or rentals that will not exceed a total of $500 or 30 days are within the discretion of the director of Special Investigations Division. Leases or rentals that exceed these limits must have the additional approval of the chief of the Investigative Services Bureau. All leases and rentals must be consistent with, and subject to, the Procurement Regulations of Montgomery County.
(d)
Asset Sharing. Where monies have been forfeited because of controlled dangerous substance violations, and the forfeiture arose from interagency action between the county police department and other law enforcement agencies including the Maryland National Capital Park Police, the County Chief of Police is authorized to make an equitable distribution of such funds after receiving a recommendation from the chief of the Investigative Services Bureau, the Police Management and Budget director and the director of the Special Investigations Division. The director must transfer to Maryland-National Capital Park Police all funds in the Drug Enforcement Forfeiture Fund that result from any arrest within the boundaries of any park under the jurisdiction of the Maryland-National Capital Park and Planning Commission if the arrest was initiated by the Park Police and another law enforcement agency was not involved in the arrest or investigation.
(e)
Other Expenses. Should the fund have sufficient monies available after supplementing the Drug Enforcement Section of the Special Investigations Division, the Chief of Police may authorize use of the Fund to enhance the narcotics enforcement capabilities of other units within the Department of Police.
The director of the Special Investigations Division, will submit a report to the Chief of Police, through the normal chain of command, in the month of July which will reflect all monies available in the Fund and that amount of money necessary to supplement the Drug Enforcement Section.
1.4. Maintenance of Monies.
(a)
Special Revenue Fund. A special revenue fund must be established by the director of the Department of Finance for the deposit of forfeited monies.
(b)
Liquid Assets. Cash monies in an amount not to exceed $25,000 on hand may be drawn from the special revenue fund account and must be placed in a safe located in an area to be chosen by the Chief of Police or his designee. Access to the liquid assets must be restricted to the chief of the Investigative Services Bureau and the director of the Special Investigations Division or his designee.
(1)
Replenishment. Liquid assets must be maintained at the $10,000 level by way of replenishment requests to the director of the Department of Finance from the director of the Special Investigations Division, or in his absence, the chief of the Investigative Services Bureau, via the Police Management and Budget director, or the director's designee.
(2)
Accounting. A cash control log must be maintained by the Special Investigations Division to monitor the activity of the liquid assets under the control of the chief of the Investigative Services Bureau and the director of the Special Investigations Division.
(A)
All requests for monies must have a cash expenditure memorandum and justification request. The memorandum and request must be assigned a control log number and must be maintained in a permanent file.
(B)
The requests must be reviewed and approved by the director of the Special Investigations Division or the commander of the Drug Enforcement Section.
(C)
All approved expenditure requests must be completed within three days of receipt of the funds unless an exception has been approved by the director of the Special Investigations Division and must be documented with an accompanying expenditure memorandum. Unused funds must be returned to the director of the Special Investigations Division and must be accounted for in the expenditure memorandum.
(D)
All approved expenditure requests must be logged into a liquid asset control log that must be kept by the director of the Special Investigations Division. The log must reflect a reconciled balance between expenditure requests and actual expenditures.
(E)
A checking and/or credit/debit account drawn on the Drug Enforcement Fund may be maintained by the director of the Special Investigations Division in order to pay for authorized expenses.
(c)
Audit. All books, records, and control logs maintained by the Department of Police in connection with the Fund must be subject to periodic and unannounced audits by the Department of Finance.
(d)
Pursuant to asset sharing provision of the Drug Enforcement Fund law, the director of the Special Investigations Division will recommend the transfer of funds when appropriate to other law enforcement agencies. This recommendation must be made to the Chief, Investigative Services Bureau and approved by the Chief of Police.
(e)
A Special Investigations Division S.O.P. will be formulated to administer the flow of asset sharing funds to the affected agencies in conjunction with the Management and Budget Division, Montgomery County Department of Police.
1.5. Record Keeping
(a)
Forfeiture Deposits. The Office of the County Attorney must notify the director of the Department of Finance of the forfeiture of monies to the County by either the Circuit Court or District Court and the amount forfeited. This notification must come via the Assistant County Attorney assigned to the Department of Police. Copies of the notice also must be sent to the director of the Special Investigations Division and the Property and Supply supervisor. The Property and Supply supervisor must advise the director of the Special Investigations Division of the date when the forfeited monies are deposited in the special revenue fund.
(b)
Account Balances. The director of the Special Investigations Division, must maintain a daily log/ledger showing the balance in the Investigative Advance account (cash on hand) and must submit appropriate reports at least monthly with supporting documentation to the Chief of Police and the director of the Management and Budget Division, Department of Police for verification. The report will reflect all replenishment and disbursements from the investigative advance account for the month. The Director of Accounts must submit to the director for Management and Budget, Department of Police, and to the director of the police department's Special Investigations Division a monthly report on monies in the account.
(c)
Supporting Documentation. The documentation which is to accompany the monthly account balance report must consist of the following: the written notification received from the County Attorney's Office advising of the forfeiture award, Section 1.5(a); the written notice from the Property and Supply supervisor of the date the forfeited monies were deposited to the special revenue fund, Section 1.5(a); copies of the account activity log, Section 1.5(b); and copies of the memoranda requesting withdrawal of funds, actual expenditures, and any reconciliation information received from the assigned investigator(s) (Section 1.4(b)(2)(A) and (C)).
Montgomery County, Md., COMCOR § 35.13B.01.02 (2026)
35.13B.01.02 ReportsLinkCopy Citation
2.1. Monthly Report. The director of the Special Investigations Division must submit a copy of the latest monthly Operating Budget Report for the Drug Enforcement Fund to the Chief of Police via the chief of the Investigative Services Bureau along with the divisional monthly report. The report must include a statement of the total amount of money in the Drug Enforcement Fund; the amount of money expended for investigative advances, supplies, travel, education and training, repairs to equipment, rental of equipment, personal computer costs, dues and subscriptions, and miscellaneous. This report will also show the balance of the fund on hand for the period. Copies must be provided to the director of Police Management and Budget and to the Assistant County Attorney assigned to the Department of Police.
2.2. Year-End Report. The director of the Special Investigations Division must submit to the Chief of Police a year-end report which must include those areas specified in Section 2.1, Monthly Report, via the chain of command. Year-end totals for all categories of the Fund must be provided Copies of the year-end report must be submitted to the director of Police Management and Budget, the director of the Department of Finance, and the Assistant County Attorney assigned to the Department of Police. The year must commence and terminate with the anniversary date of the effective date of the legislation.
2.3. Report to County Council. A report must be submitted to the County Council on March 1 of every year.
Montgomery County, Md., COMCOR § 35.13B.01.03 (2026)
35.13B.01.03 Effective DateLinkCopy Citation
3.1. This regulation becomes effective 30 days after adoption by the County Council.
Sec. 35-13C Police-Private Security Camera Incentive Program - Regulations
COMCOR 35.13C.01 Police-Private Security Camera Incentive ProgramLink
Montgomery County, Md., COMCOR § 35.13C.01.01 (2026)
35.13C.01.01 DefinitionsLinkCopy Citation
1. Applicant – an owner or lessee of a property, to include a business, nonprofit organization or residence located in a priority area.
2. Department – Defined as the Montgomery County Department of Police.
3. Priority Area – One or more police districts identified by the Police Chief as needing additional security cameras based upon public safety indicators, including crime levels.
4. Qualifying Resident – An owner or tenant of a property that is used as a residence, business, or a nonprofit organization. Property is located within a priority area.
5. Security Camera – An outside surveillance camera system with functioning digital video recording capability, that is installed on the property owned or leased by an individual, business, or nonprofit organization.
Montgomery County, Md., COMCOR § 35.13C.01.02 (2026)
35.13C.01.02 General ProvisionsLinkCopy Citation
1. This regulation implements the private security camera incentive rebate program, which establishes an incentive for property owners and lessees, business owners, and nonprofit organizations to install an outdoor security camera that is intended to help deter crime and assist law enforcement with investigations.
2. An Applicant is eligible for a rebate:
a. Of a monetary value up to two hundred fifty dollars ($250), provided that the amount of the rebate shall not be more than the cost of the purchase of the camera and subject to appropriation;
b. The maximum rebates in this section shall be limited to one (1) security camera per qualifying residence, up to five (5) security cameras per qualifying business address, or up to five (5) security cameras per qualifying nonprofit organization address.
3. The Applicant’s property must be within a Priority Area designated by the Police Chief.
4. To be eligible for the rebate, the Applicant must participate in this camera program once established by the Department.
5. The Department will not automatically have access to video from cameras purchased under this program. The Department may have access to live or recorded video with the express permission of the applicant or through other legal mechanism.
6. By participating in this program, the Applicant will comply with all applicable federal, state, and local laws and regulations, to include electrical code requirements. If Applicant is a tenant of a building, the Applicant will comply with all applicable building and lease requirements.
7. The Applicant agrees in writing (electronically) that the security camera must not be used for the sole purpose of recording private property not owned or leased by the Applicant.
8. If the Applicant is a business or nonprofit organization, the Applicant agrees in writing (electronically) to post notice prominently to alert visitors of the existence of the security camera.
9. Permissible collection, dissemination, use, and disposal of images recorded by a security camera purchased under the program.
a. The collection, dissemination and use of video by the Department will be for official law enforcement purposes. Efforts will be made to ensure anonymity of the Applicant.
Montgomery County, Md., COMCOR § 35.13C.01.03 (2026)
35.13C.01.03 ApplicationLinkCopy Citation
1. An Applicant shall submit a security camera application on the form prescribed by the Department
2. A completed application shall include:
a. The completed form prescribed by the Department;
b. Proof of purchase of an applicable security camera;
c. Make, Model, and Serial Number of the security camera; and
d. Verification of the installation of the security camera system.
3. Upon the determination that an Applicant has complied with all the requirements, and subject to the availability of funds, the applicable rebate amount shall be provided to the Applicant.
Montgomery County, Md., COMCOR § 35.13C.01.04 (2026)
35.13C.01.04 Priority AreasLinkCopy Citation
1. The Department’s camera application website will allow the Applicant to determine if the property is within an eligible priority area. Priority areas will be evaluated annually.
Montgomery County, Md., COMCOR § 35.13C.01.05 (2026)
35.13C.01.05 Security Camera SpecificationLinkCopy Citation
1. Security camera systems shall meet minimum technical and video quality specifications published on the Department’s application website and must retain video footage for at least seven (7) days.
2. Security camera systems shall be installed on the exterior of a building and shall be weatherproof.
Montgomery County, Md., COMCOR § 35.13C.01.06 (2026)
35.13C.01.06 Verification of Security Camera InstallationLinkCopy Citation
1. A security camera system shall be verified as installed before it is eligible for the rebate.
2. An Applicant shall verify installation by the following means:
a. If the security camera system is installed by a business with a valid Business License that is engaged in the installation of security systems, the business shall certify the installation of the camera system at the property, including photographic evidence; or
b. If the security camera system is installed by the property owner, business owner, or another person without a valid Business License, the Applicant shall notify the Department for an on-site visit to verify the installation of the security camera system.
Montgomery County, Md., COMCOR § 35.13C.01.07 (2026)
35.13C.01.07 Rebate IssuanceLinkCopy Citation
1. Upon the determination that an Applicant has complied with all the requirements, and subject to the availability of funds, the applicable rebate amount shall be processed by the Montgomery County Government Finance Department and the funds sent to the Applicant at the address provided on the application form.
Sec. 35-13D Late-Night Safety Plan Program - Regulations
COMCOR 35.13D.01 Late-Night Safety Plan ProgramLink
Montgomery County, Md., COMCOR § 35.13D.01.01 (2026)
35.13D.01.01 DefinitionsLinkCopy Citation
Safety Plan- A business-specific written document that summarizes the establishment’s efforts to safely conduct operations for patrons and employee(s) consistent with guidelines and training described in this Regulation.
Serious Incidents - Criminal offenses investigated by a law enforcement agency that occur inside businesses open between 12:00am - 5:00am or criminal offenses investigated by a law enforcement agency that occur in immediate proximity to a business open between 12:00am - 5:00am where there is a direct and immediate nexus to events that occurred in the business, including:
Distribution of narcotics or other controlled dangerous substances;
A sexual offense in the third or fourth degree under § 3-307 or § 3-308 of the Criminal Law Article of the Maryland Code; or
A crime of violence as defined in § 14-101 of the Criminal Law Article, including:
abduction;
kidnapping;
manslaughter, except involuntary manslaughter;
mayhem;
maiming;
murder;
rape;
robbery;
human trafficking;
sexual offense of any degree;
use of a handgun in the commission of a felony or other crime of violence;
an attempt to commit any of the crimes described in the preceding bullets of this list;
assault in the first degree;
assault against a law enforcement officer or emergency medical services provider in any degree; and,
assault with intent of any type in any degree.
Montgomery County, Md., COMCOR § 35.13D.01.02 (2026)
35.13D.01.02 Businesses Required to Submit, Receive Approval for, and Implement a Safety PlanLinkCopy Citation
Businesses required to submit a safety plan are those that have a “other tobacco products retailer” license, food license, license for on-site cannabis consumption, or liquor license where the products sold are consumed on-site at tables or other areas designated for consumption by the business, and that:
(a)
. Are open to patrons from 2:00am – 5:00am; or,
(b)
. Are open to patrons from 12:00am – 5:00am and have had two serious incidents within the previous 12 months.
Businesses that are required (by hours of operation) to submit a safety plan, must submit a plan within 90 days of promulgation of these regulations.
Businesses required to submit a safety plan under the serious incident provision will be notified in writing by the Montgomery County Department of Police (MCPD). These businesses must submit a plan within 90 days of the written notification by MCPD.
Businesses that are required to submit a safety plan for approval shall do so through a portal on the Montgomery County Government website.
Failure to complete or implement a safety plan is a class A violation for each day the business operates without the plan in effect except during the permitted submission or appeal timelines outlined in this Regulation.
Montgomery County, Md., COMCOR § 35.13D.01.03 (2026)
35.13D.01.03 Elements of a Safety PlanLinkCopy Citation
A business safety plan shall include:
A location specific emergency evacuation plan;
24-hour contact information for the business owner, manager, or other designee;
A statement confirming that all exterior bathroom doors are free opening and cannot be locked, if the bathroom facilities have stalls;
A statement confirming that the business has received late-night business training from the County;
A statement committing the business to cooperate with law enforcement investigations for crimes that occur in or in close proximity to their facility with a nexus to their facility, including, but not limited to reasonable, timely, and lawful provision of evidence necessary to investigate the crime in question;
An acknowledgement that the business is in compliance with applicable Federal, State, and County laws and regulations;
A statement regarding any resolved or pending citations issued by a government entity in the preceding 3 years;
A site plan for the business delineating the locations of entrances and exits used by members of the public and the locations of exterior lights and cameras, if applicable;
A summary of the square footage usable by members of the public and the fire code occupancy limit of the business; and,
A summary of any applicable security measures, including security personnel, cameras, exterior lighting.
Upon a review of the site map, the County may also require, with written justification, additions to the late-night business safety plan that include:
Security personnel and training;
Exterior Lighting; and,
High-definition security cameras that provide video monitoring and recording, without audio recording capacity, of the interior and exterior of each entryway into the late-night business and the cash register or till.
If a late-night business safety plan requires use of security cameras, then the business must also post signage in conspicuous locations on the interior and exterior of the establishment notifying the public that the premises are subject to video surveillance.
MCPD shall provide a safety plan template consistent with this section on the Montgomery County website.
Montgomery County, Md., COMCOR § 35.13D.01.04 (2026)
35.13D.01.04 Review of Safety PlansLinkCopy Citation
The County shall establish a Safety Plan Review Panel that will receive and conduct a preliminary review of the late-night business safety plan within 30 (thirty) days of receipt of each safety plan.
Each Safety Plan Review Panel shall include a representative from:
Office of the County Executive (CEX);
Montgomery County Department of Police (MCPD);
Department of Environmental Protection (DEP);
Department of Health & Human Services (DHHS);
Alcohol Beverage Services (ABS);
Department of Permitting Services (DPS);
Board of License Commissioners;
Regional Service Center where the business is located; and
A public member of the respective Citizens Advisory Board under which the Business is located.
Montgomery County, Md., COMCOR § 35.13D.01.05 (2026)
35.13D.01.05 Appeal ProcessLinkCopy Citation
Businesses may appeal the disapproval of a safety plan or the requirement to have to produce a safety plan under the serious incident inclusion provision before the Montgomery County Board of Appeals.
Appeals must be filed within 30 days of receipt of the decision disapproving a plan or notification of the requirement to produce a plan.
Montgomery County, Md., COMCOR § 35.13D.01.06 (2026)
35.13D.01.06 Grant Funding to Support Safety Plan Implementation – General ProvisionsLinkCopy Citation
This section supports the late-night safety plan program, which requires businesses operating during certain hours to develop and implement business-specific plans to promote the safety of their patrons and employees.
An owner of a business that is required by the County to produce a late-night business safety plan (the Applicant) is eligible for a rebate for up to ten thousand dollars ($10,000) for costs incurred in implementing an approved safety plan. Funding availability is subject to appropriation by the Montgomery County Council.
By applying for this funding, the Applicant agrees to comply with all applicable federal, state, and local laws and regulations. If Applicant is a tenant of a building, the Applicant further agrees to comply with all applicable building requirements.
Montgomery County, Md., COMCOR § 35.13D.01.07 (2026)
35.13D.01.07 Grant Funding to Support Safety Plan Implementation – ApplicationLinkCopy Citation
An Applicant shall submit a business safety plan reimbursement application on the form prescribed by MCPD once the business safety plan has been approved and implemented.
A completed application shall include:
(a)
. The completed form prescribed by MCPD;
(b)
. Proof of purchase of an applicable devise or service;
(c)
. Demonstration of the appearance of each requested item for reimbursement in the business safety plan approved by the County;
(d)
. Pictures and self-certification of installation of all required physical equipment for which reimbursement is being sought, including cameras, lighting, or signage;
(e)
. Upon the determination that an Applicant has complied with all the requirements, and subject to the availability of funds, the applicable reimbursement amount shall be provided to the Applicant.
Montgomery County, Md., COMCOR § 35.13D.01.08 (2026)
35.13D.01.08 Grant Funding to Support Safety Plan Implementation – Reimbursement IssuanceLinkCopy Citation
Upon the determination that an Applicant has complied with all the requirements of this regulation, and subject to the availability of funds, the applicable reimbursement amount shall be processed by the Montgomery County Government Finance Department and the funds sent to the Applicant at the address provided on the application form.