<?xml version='1.0' encoding='utf-8'?>
<unit kind="subdivision" number="4" name="Trial Boards" slug="subdivision-4" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD4TRBO">
  <section number="2-539" name="Trial Boards" law="code" slug="sec-2-539" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD4TRBO_S2-539TRBO">
    <text>In addition to the requirements set forth in Maryland Annotated Code Public Safety Article Title 3, Subtitle 1:</text>
    <level label="a">
      <text>Each law enforcement agency with the jurisdiction of Prince George's County shall establish a trial board process in accordance with this Subdivision.</text>
    </level>
    <level label="b">
      <text>A small law enforcement agency may use the trial board process of another law enforcement agency by mutual agreement.</text>
    </level>
  </section>
  <section number="2-540" name="Composition of Trial Boards" law="code" slug="sec-2-540" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD4TRBO_S2-540COTRBO">
    <text>A trial board for each law enforcement agency shall:</text>
    <level label="a">
      <text>Consist of three (3) members to include:</text>
      <level label="1">
        <text>An actively serving or retired administrative law judge or a retired judge of the District Court or a circuit court appointed by the County Executive pursuant to the process described below in subparagraph (b) of this section;</text>
      </level>
      <level label="2">
        <text>A civilian appointed by the Board, who is not a member of the ACC or the Board; and</text>
      </level>
      <level label="3">
        <text>A police officer of equal rank to the police officer accused of misconduct appointed by the chief of the law enforcement agency for which the accused police officer was employed at the time of the alleged misconduct pursuant to the process described below in subparagraph "C" of this section.</text>
        <level label="A">
          <text>A representative selected by the head of the law enforcement agency and the accused officer shall meet prior to the scheduling of the trial board to select the officer of equal rank and up to four (4) alternate officers of equal rank by using an Excel spreadsheet with a randomization function or the agencies current computer randomized selection process.</text>
        </level>
        <level label="B">
          <text>The accused officer may strike one (1) officer of equal rank for just cause, to be determined by the representative selected by the head of the law enforcement agency, who may also strike an officer of equal rank for just cause.</text>
        </level>
        <level label="C">
          <text>The officer of equal rank chosen by this method shall serve as the pick of the head of the law enforcement agency for the trial board of the accused officer.</text>
        </level>
        <level label="D">
          <text>The alternate officers are to be used, in order of pick, as the replacement pick of the head of the law enforcement agency in the event that the officer of equal rank or any of the previous alternates are unable to serve on the trial board due to documented injury, illness, work schedule conflict, or other valid reason that is determined to be excusable by the head of the law enforcement agency.</text>
        </level>
      </level>
    </level>
    <level label="b">
      <text>Panel of Judges.</text>
      <level label="1">
        <text>The County Executive shall establish a roster of ten (10) judges who shall be an actively serving or retired administrative law judge, or a retired judge of the District Court or a circuit court.</text>
      </level>
      <level label="2">
        <text>The County Executive Office will maintain the list of the judges and assign in numerical order as the request is received by the law enforcement agency for an upcoming trial board matter.</text>
        <level label="i">
          <text>If both the law enforcement agency and the police officer(s) alleged to have committed misconduct in the applicable trial board agree to pass over the next available name on the panel list, then the County Executive Office will provide the next available name on the list.</text>
        </level>
        <level label="ii">
          <text>The ability to pass over the next name on the panel list, at the agreement of the law enforcement agency and the accused officer(s), is allowed only once.</text>
        </level>
      </level>
      <level label="3">
        <text>The County Executive shall use reasonable efforts to consistently maintain a panel of ten (10) judges. Notwithstanding, a law enforcement agency is still required to choose from the available panel of judges even if the number of panel members falls below ten (10).</text>
      </level>
      <level label="4">
        <text>Prior to serving on a Trial Board, all Trial Board members must complete the required training by the Maryland Police Training and Standards Commission. Trial Board members must also complete other training that may be required.</text>
      </level>
    </level>
  </section>
  <section number="2-541" name="Responsibilities of Trial Boards" law="code" slug="sec-2-541" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV47LAENREIN_SD4TRBO_S2-541RETRBO">
    <text>Trial Boards shall comply with the provisions set forth in Md. Annotated Code Public Safety Article, Section 3-106.</text>
  </section>
</unit>
