<?xml version='1.0' encoding='utf-8'?>
<unit kind="subdivision" number="3" name="Administrative Charging Committee" slug="subdivision-3" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD3ADCHCO">
  <section number="2-535" name="Administrative Charging Committee" law="code" slug="sec-2-535" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD3ADCHCO_S2-535ADCHCO">
    <text>There is an Administrative Charging Committee ("ACC"). The ACC'S membership, duties and responsibilities are set forth in this Subdivision.</text>
  </section>
  <section number="2-536" name="Composition of ACC" law="code" slug="sec-2-536" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD3ADCHCO_S2-536COAC">
    <text>The Administrative Charging Committee shall:</text>
    <level label="a">
      <text>Consist of five (5) members to include:</text>
      <level label="1">
        <text>The Chair of the Board or another member of the Board as designated by the Chair;</text>
      </level>
      <level label="2">
        <text>Two civilian members who are not members of the Board, nominated by the County Executive and confirmed by the County Council; and</text>
      </level>
      <level label="3">
        <text>Two additional civilians who are not members of the Board but are appointed by the Board.</text>
      </level>
    </level>
    <level label="b">
      <text>Appointments to the ACC shall be for three (3) year terms except that the terms of the initial ACC members shall be staggered. In the event that an ACC 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="c">
      <text>Prior to serving, all members of the ACC must complete the training required by the Maryland Police Training and Standards Commission. Members must also complete other training as may be required to include law enforcement agency trainings and relevant local, regional and national trainings subject to County's approval and payment process.</text>
    </level>
    <level label="d">
      <text>Independent counsel shall be assigned to the ACC in accordance with budgetary appropriations.</text>
    </level>
    <level label="e">
      <text>To the extent practicable, the members of the Committee shall reflect the racial, ethnic, gender, gender-identity, sexual orientation, cultural and geographic diversity of the County and should be required, to the extent practicable include members with a range of professional or lived experiences.</text>
    </level>
    <level label="f">
      <text>Candidates for the ACC membership shall not be excluded from consideration or disqualified on the basis of their immigration status, as long as 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="2-537" name="Mandatory Responsibilities of ACC" law="code" slug="sec-2-537" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD3ADCHCO_S2-537MAREAC">
    <text>The ACC shall:</text>
    <level label="a">
      <text>Review the findings of a law enforcement agency's investigation of external complaints, including complaints involving allegations of misconduct that occur on or off-duty and were not initiated by the involved citizen; and</text>
    </level>
    <level label="b">
      <text>Determine if the police officer who is subject to investigation shall be:</text>
      <level label="1">
        <text>administratively charged; or</text>
      </level>
      <level label="2">
        <text>not administratively charged.</text>
      </level>
    </level>
    <level label="c">
      <text>If the police officer is administratively charged, shall recommend discipline in accordance with the law enforcement agency's disciplinary matrix established in accordance with Md. Annotated Code Public Safety Section 3-105;</text>
    </level>
    <level label="d">
      <text>If the police officer is not administratively charged, make a determination that:</text>
      <level label="1">
        <text>the allegations against the police officer are unfounded;</text>
      </level>
      <level label="2">
        <text>the allegations against the police officer are not sustained; or</text>
      </level>
      <level label="3">
        <text>the police officer is exonerated.</text>
      </level>
    </level>
    <level label="e">
      <text>Review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;</text>
    </level>
    <level label="f">
      <text>Authorize a police officer called to appear before an administrative charging committee to be accompanied by a representative;</text>
    </level>
    <level label="g">
      <text>Issue a written opinion that describes in detail its findings, determinations, and recommendations; and forward the written opinion to the chief of the law enforcement agency, the police officer, and the complainant;</text>
    </level>
    <level label="h">
      <text>Record, in writing, any failure of supervision that caused or contributed to a police officer's misconduct;</text>
    </level>
    <level label="i">
      <text>Review and make a determination or ask for further review within 30 days after completion of the of the investigating unit's review;</text>
    </level>
    <level label="j">
      <text>Maintain confidentiality relating to matters being considered by ACC until final disposition of the matter;</text>
    </level>
    <level label="k">
      <text>Develop rules of procedure not inconsistent with State or County law; and</text>
    </level>
    <level label="l">
      <text>Meet once per month or as needed.</text>
    </level>
  </section>
  <section number="2-538" name="Discretionary Responsibilities of ACC" law="code" slug="sec-2-538" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD3ADCHCO_S2-538DIREAC">
    <text>The ACC may request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation and the issuance of subpoenas.</text>
  </section>
</unit>
