In this subtitle the following words have the meanings indicated. “Correctional officer” has the meaning stated in § 8–201 of this article. “Correctional officer” does not include an officer who is in probationary status on initial entry into the Sheriff’s Office except if an allegation of brutality in the execution of the officer’s duties is made against the officer. “Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence. “Hearing” does not include an interrogation at which no testimony is taken under oath. “Hearing board” means a board that is authorized by the managing official to hold a hearing on a complaint against a correctional officer.

This subtitle applies only in Calvert County and Charles County.

Except as otherwise provided, the provisions of this subtitle supersede any inconsistent provisions of any other State or local law that conflicts with this subtitle to the extent of the conflict. This subtitle does not limit the authority of the Sheriff to regulate the competent and efficient operation and management of the Sheriff’s Office by any reasonable means including transfer and reassignment if: that action is not punitive in nature; and the Sheriff determines that action to be in the best interests of the internal management of the Sheriff’s Office.

Except as provided in paragraph (2) of this subsection, a correctional officer has the same rights to engage in political activity as a State employee. The right of a correctional officer to engage in political activity does not apply when the correctional officer is on duty or acting in an official capacity. The Sheriff’s Office: may not prohibit secondary employment by a correctional officer; but may adopt reasonable regulations that relate to secondary employment by a correctional officer. A correctional officer may not be required or requested to disclose an item of the correctional officer’s property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the correctional officer’s family or household, unless: the information is necessary to investigate a possible conflict of interest with respect to the performance of the correctional officer’s official duties; or the disclosure is required by federal or State law. A correctional officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the correctional officer’s employment or be threatened with that treatment because the correctional officer: has exercised or demanded the rights granted by this subtitle; or has lawfully exercised constitutional rights. A statute may not abridge and the Sheriff’s Office may not adopt a regulation that prohibits the right of a correctional officer to bring suit that arises out of the correctional officer’s duties as a correctional officer. A correctional officer may waive in writing any or all rights granted by this subtitle.

The investigation or interrogation by an internal investigation unit of a correctional officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section. For purposes of this section, the investigating officer or interrogating officer shall be a member of the Sheriff’s Office. A complaint against a correctional officer that alleges brutality in the execution of the correctional officer’s duties may not be investigated unless the complaint is sworn to, before an official authorized to administer oaths, by: the aggrieved individual; a member of the aggrieved individual’s immediate family; an individual with firsthand knowledge obtained because the individual was present at and observed the alleged incident; or the parent or guardian of the minor child, if the alleged incident involves a minor child. Subject to subparagraph (ii) of this paragraph, unless a complaint is filed within 90 days after the alleged brutality, an investigation that may lead to disciplinary action under this subtitle for brutality may not be initiated and an action may not be taken. The Sheriff’s Office may investigate any complaint of brutality at any time if the complaint is made by an employee or a member of the Sheriff’s Office. The correctional officer under investigation shall be informed of the name, rank, and command of: the officer in charge of the investigation; the interrogating officer; and each individual present during an interrogation. Before an interrogation, the correctional officer under investigation shall be informed in writing of the nature of the investigation. Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the correctional officer is on duty. The interrogation shall take place: at the office of the command of the investigating officer or at the office of the correctional officer under investigation, as designated by the investigating officer; or at another reasonable and appropriate place. All questions directed to the correctional officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation consistent with paragraph (2) of this subsection. Each session of interrogation shall: be for a reasonable period; and allow for personal necessities and rest periods as reasonably necessary. The correctional officer under interrogation may not be threatened with transfer, dismissal, or disciplinary action. On request, the correctional officer under interrogation has the right to be represented by counsel or another responsible representative of the correctional officer’s choice who shall be present and available for consultation at all times during the interrogation. The correctional officer may waive the right described in subparagraph (i) of this paragraph. The interrogation shall be suspended for a period not exceeding 5 days until representation is obtained. Within the 5–day period described in subparagraph (i) of this paragraph, the Sheriff, for good cause shown, may extend the period for obtaining representation. During the interrogation, the correctional officer’s counsel or representative may: request a recess at any time to consult with the correctional officer; object to any question posed; and state on the record outside the presence of the correctional officer the reason for the objection. A complete record shall be kept of the entire interrogation, including all recess periods, of the correctional officer. The record may be written, taped, or transcribed. On completion of the investigation, and on request of the correctional officer under investigation or the correctional officer’s counsel or representative, a copy of the record of the interrogation shall be made available at least 10 days before a hearing. The Sheriff’s Office may order the correctional officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation. If the Sheriff’s Office orders the correctional officer to submit to a test, an examination, or an interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the Sheriff’s Office may commence an action that may lead to a punitive measure as a result of the refusal. If the Sheriff’s Office orders the correctional officer to submit to a test, an examination, or an interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the correctional officer. If the Sheriff’s Office orders the correctional officer to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in an administrative hearing unless the Sheriff’s Office and the correctional officer agree to the admission of the results. The correctional officer’s counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygrapher if: the questions to be asked are reviewed with the correctional officer or the counsel or representative before the administration of the examination; the counsel or representative is allowed to observe the administration of the examination; and a copy of the final report of the examination by the certified polygrapher is made available to the correctional officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination. On completion of an investigation and at least 10 days before a hearing, the correctional officer under investigation shall be: notified of the name of each witness and of each charge and specification against the correctional officer; and provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer’s representative agree to: execute a confidentiality agreement with the Sheriff’s Office not to disclose any material contained in the investigatory file and exculpatory information for any purpose other than to defend the correctional officer; and pay a reasonable charge for the cost of reproducing the material. The Sheriff’s Office may exclude from the exculpatory information provided to a correctional officer under this subsection: the identity of confidential sources; nonexculpatory information; and recommendations as to charges, disposition, or punishment. The Sheriff’s Office may not insert adverse material into a file of the correctional officer, except the file of the internal investigation, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material. The correctional officer may waive the right described in paragraph (1) of this subsection.

Subject to subsection (b) of this section, the Sheriff’s Office may not bring administrative charges against a correctional officer unless the Sheriff’s Office files the charges within 1 year after the act that gives rise to the charges comes to the attention of the appropriate Sheriff’s Office official. The 1–year limitation of subsection (a) of this section does not apply to charges that relate to criminal activity or brutality.

Except as provided in paragraph (2) of this subsection, if the investigation or interrogation of a correctional officer results in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or similar action that is considered punitive, the correctional officer is entitled to a hearing on the issues by a hearing board before the Sheriff takes that action. A correctional officer who has been convicted of a felony is not entitled to a hearing under this section. The Sheriff’s Office shall give notice to the correctional officer of the right to a hearing by a hearing board under this section. The notice required under this subsection shall state the time and place of the hearing and the issues involved. The hearing board authorized under this section shall consist of at least three members who: are appointed by the Sheriff and chosen from correctional officers within the Sheriff’s Office, or from correctional officers of another correctional facility with the approval of the Sheriff of the other facility; and have had no part in the investigation or interrogation of the correctional officer. At least one member of the hearing board shall be of the same rank as the correctional officer against whom the complaint is filed. At least two members of the hearing board shall be correctional officers. In connection with a disciplinary hearing, the Sheriff or hearing board may issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents as relevant or necessary. The subpoenas may be served without cost in accordance with the Maryland Rules that relate to service of process issued by a court. Each party may request the Sheriff or hearing board to issue a subpoena or an order under this subtitle. The hearing shall be conducted by a hearing board. The hearing board shall give the Sheriff’s Office and correctional officer ample opportunity to present evidence and argument about the issues involved. The Sheriff’s Office and correctional officer may be represented by counsel. Each party has the right to cross–examine witnesses who testify, and each party may submit rebuttal evidence. Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect. The hearing board shall give effect to the rules of privilege recognized by law and shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. Each record or document that a party desires to use shall be offered and made a part of the record. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The hearing board may take notice of: judicially cognizable facts; and general, technical, or scientific facts within the hearing board’s specialized knowledge. The hearing board shall: notify each party of the facts so noticed either before or during the hearing, or by reference in preliminary reports or otherwise; and give each party an opportunity and reasonable time to contest the facts so noticed. The hearing board may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented. In connection with a disciplinary hearing, the Sheriff or a hearing board may administer oaths. An official record, including testimony and exhibits, shall be kept of the hearing.

A decision, an order, or an action taken as a result of a hearing under § 11–1107 of this subtitle shall be in writing and accompanied by findings of fact. The findings of fact shall consist of a concise statement on each issue in the case. A finding of not guilty terminates the action. If the hearing board makes a finding of guilt, the hearing board shall: reconvene the hearing; receive evidence; and consider the correctional officer’s past job performance and other relevant information as factors before making recommendations to the Sheriff. A copy of the decision or order, findings of fact, conclusions, and written recommendations for action shall be delivered or mailed promptly to: the correctional officer or the correctional officer’s counsel or representative of record; and the Sheriff. After a disciplinary hearing and a finding of guilt, the hearing board may recommend the penalty it considers appropriate under the circumstances, including demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive. The recommendation of a penalty shall be in writing. Within 30 days after receipt of the recommendations of the hearing board, the Sheriff shall: review the findings, conclusions, and recommendations of the hearing board; and issue a final order. The recommendation of a penalty by the hearing board is not binding on the Sheriff. The Sheriff shall consider the correctional officer’s past job performance as a factor before imposing a penalty. The Sheriff may increase the recommended penalty of the hearing board only if the Sheriff personally meets with the correctional officer and allows the correctional officer to be heard on the record.

On written request to the Sheriff, a correctional officer may have expunged from any file the record of a formal complaint made against the correctional officer if: the investigation or hearing resulted in a finding of nonsustained or unfounded; or the correctional officer was exonerated and at least 3 years have passed since the final disposition by the Sheriff’s Office or hearing board.

The Sheriff may impose emergency suspension with pay if it appears that the action is in the best interest of the public and the Sheriff’s Office. If the correctional officer is suspended with pay, the Sheriff may reassign the correctional officer to restricted duties pending: a determination by a court with respect to a criminal violation; or a final determination by a hearing board with respect to a Sheriff’s Office violation. If a correctional officer is charged with a felony, the Sheriff may impose an emergency suspension of correctional powers without pay. A correctional officer who is suspended under this section is entitled to a prompt hearing before the Assistant Sheriff or the Assistant Sheriff’s designee.

Any dispute concerning the application or interpretation of this subtitle shall be resolved by the Assistant Sheriff.