<?xml version='1.0' encoding='utf-8'?>
<unit kind="subdivision" number="2" name="Police Accountability Board" slug="subdivision-2" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD2POACBO">
  <section number="2-531" name="Police Accountability Board" law="code" slug="sec-2-531" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD2POACBO_S2-531POACBO">
    <text>There is a Police Accountability Board ("Board"). The Board's membership, duties and responsibilities are set forth in this Subdivision.</text>
  </section>
  <section number="2-532" name="Responsibilities of the Governing Body" law="code" slug="sec-2-532" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD2POACBO_S2-532REGOBO">
    <level label="a">
      <text>Establish the membership of the Board; and</text>
    </level>
    <level label="b">
      <text>Establish the budget, including staffing costs, of the Board; and</text>
    </level>
    <level label="c">
      <text>Appoint a Chair of the Board who has relevant experience to the position; and</text>
    </level>
    <level label="d">
      <text>Establish the procedures for record keeping by the Board.</text>
    </level>
  </section>
  <section number="2-533" name="Composition of the Board; Residency; Terms of Office" law="code" slug="sec-2-533" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD2POACBO_S2-533COBORETEOF">
    <level label="a">
      <text>The Board shall consist of eleven (11) members.</text>
      <level label="1">
        <text>Five (5) members shall be nominated by the County Executive, subject to confirmation by the Council; and</text>
      </level>
      <level label="2">
        <text>Five (5) members shall be nominated by the County Council.</text>
      </level>
    </level>
    <level label="b">
      <text>The County Executive shall nominate, for approval by the Council, the Chair of the Board who has relevant experience to the position such as working with a criminal justice agency and/or community service organization.</text>
    </level>
    <level label="c">
      <text>A Board member may be removed from office for cause by the affirmative vote of not less than two-thirds of the members of the full Council.</text>
    </level>
    <level label="d">
      <text>Prior to nomination, there must be a public engagement process established for all prospective nominees, which shall be proposed by the County Executive and approved by Council resolution.</text>
    </level>
    <level label="e">
      <text>To the extent practicable, the members of the Board shall reflect the racial, ethnic, gender, gender-identity, sexual orientation, cultural and geographic diversity of the County and should be required to include members with a range of professional or lived experiences.</text>
    </level>
    <level label="f">
      <text>Board members shall be at least 21 years of age and residents of Prince George's County.</text>
    </level>
    <level label="g">
      <text>An individual may not be a member of the Board if they are:</text>
      <level label="1">
        <text>An active police or law enforcement officer;</text>
      </level>
      <level label="2">
        <text>Employee of the Prince George's County government;</text>
      </level>
      <level label="3">
        <text>Employee of the Office of the Sheriff of Prince George's County;</text>
      </level>
      <level label="4">
        <text>Employee of a municipality located within Prince George's County</text>
      </level>
      <level label="5">
        <text>Employee of Maryland State government;</text>
      </level>
      <level label="6">
        <text>An elected official or candidate for political office within County government, State government or municipality within Prince George's County; or</text>
      </level>
      <level label="7">
        <text>A former police officer on the "do not call" list of the State's Attorney.</text>
      </level>
    </level>
    <level label="h">
      <text>No more than one former police or law enforcement officer, as defined in Md. Public Safety Code Ann. §3-201, can serve on the Board.</text>
    </level>
    <level label="i">
      <text>Appointments to the Board shall be for four (4) year terms except that the terms of the initial Board members shall be staggered. In the event that a Board member does not complete a term, the vacancy shall be filled in the same manner as set forth in subparagraph (a) of this Section. No member shall be appointed for more than two (2) consecutive full terms.</text>
    </level>
    <level label="j">
      <text>Independent counsel shall be provided to the Board pursuant to budgetary appropriations ordinance.</text>
    </level>
    <level label="k">
      <text>Candidates for membership will demonstrate honesty, integrity and credibility.</text>
    </level>
    <level label="l">
      <text>Candidates for the Board membership shall not be excluded from consideration or disqualified on the basis of their immigration status, as long as the applicant can prove identity and work authorization in accordance with federal law, or criminal history, except that any person who has been convicted of or received a probation before judgment (PBJ) disposition for any crime under federal or state law, but has not yet successfully completed their sentence for the conviction or PBJ (including any period of probation or parole imposed or any order for the payment of restitution) shall be ineligible for appointment.</text>
    </level>
  </section>
  <section number="2-534" name="Duties of the Police Accountability Board" law="code" slug="sec-2-534" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD2POACBO_S2-534DUPOACBO">
    <text>The Board shall:</text>
    <level label="a">
      <text>Hold quarterly meetings with the heads of law enforcement agencies and otherwise work with law enforcement agencies within the jurisdiction of Prince George's County, and the Prince George's County government, to improve matters of policing;</text>
    </level>
    <level label="b">
      <text>Appoint civilian members to charging committees and trial boards in accordance with State law;</text>
    </level>
    <level label="c">
      <text>Receive complaints of police misconduct filed by members of the public that include: the name of the police officer accused of misconduct, a description of the facts on which the complaint is based and contact information of the complainant or a person filing on behalf of the complainant for investigative follow-up. A complaint need not be notarized;</text>
    </level>
    <level label="d">
      <text>Forward complaints of police misconduct to the appropriate law enforcement agency within three (3) business days after receipt by the Board;</text>
    </level>
    <level label="e">
      <text>On a quarterly basis review disciplinary outcomes of disciplinary matters resulting from both internal and external complaints. The Board shall be entitled to:</text>
      <level label="1">
        <text>All evidence considered by the law enforcement agency and the Administrative Charging Committee, upon completion of an investigation. A law enforcement agency and the Administrative Charging Committee must respond to a request for additional information within 10 business days;</text>
      </level>
      <level label="2">
        <text>Issue subpoenas, interview witnesses and employ any other investigative powers necessary to complete their obligation to review outcomes of disciplinary matters as considered by the Administrative Charging Committee; and</text>
      </level>
      <level label="3">
        <text>Review body worn camera matters resulting from both internal and external complaints.</text>
      </level>
    </level>
    <level label="f">
      <text>Seek community feedback on policing and provide information about policing matters to the community.</text>
    </level>
    <level label="g">
      <text>On or before December 31 each year, submit a report to the County Executive and County Council that:</text>
      <level label="1">
        <text>Identifies any trends in the disciplinary process of police officers in Prince George's County; and</text>
      </level>
      <level label="2">
        <text>Make recommendations on changes to policy that would improve police accountability in Prince George's County.</text>
      </level>
    </level>
    <level label="h">
      <text>The Board shall meet at least quarterly or more frequently as determined by the Board to carry out its duties.</text>
    </level>
    <level label="i">
      <text>Develop rules of procedure not inconsistent with State or County law.</text>
    </level>
    <level label="j">
      <text>The Board may attend law enforcement agency trainings, including use of force trainings and attend relevant local, regional and national trainings subject to County's approval and payment process.</text>
    </level>
    <level label="k">
      <text>Recordkeeping. The staff assigned to the Board shall maintain its records and shall establish a record retention schedule in accordance with State law. The Board shall abide by the provisions of the Maryland Public Information Act.</text>
    </level>
  </section>
</unit>
