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<section article="gps" article_name="Public Safety" number="3-106" title_number="3" title_name="Law Enforcement" subtitle_number="1" subtitle_name="Police Accountability and Discipline">
  <level label="a">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, each law enforcement agency shall establish a trial board process in accordance with this section to adjudicate all matters for which a police officer is subject to discipline.</text>
    </level>
    <level label="2">
      <text>A small law enforcement agency may use the trial board process of another law enforcement agency by mutual agreement.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, a trial board shall be composed of:</text>
      <level label="i">
        <text>an actively serving or retired administrative law judge or a retired judge of the District Court or a circuit court, appointed by the chief executive officer of the county;</text>
      </level>
      <level label="ii">
        <text>a civilian who is not a member of an administrative charging committee, appointed by the county’s police accountability board; and</text>
      </level>
      <level label="iii">
        <text>a police officer of equal rank to the police officer who is accused of misconduct appointed by the head of the law enforcement agency.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>This paragraph may not be construed to apply to the Baltimore Police Department.</text>
      </level>
      <level label="ii">
        <text>A trial board for a statewide or bi–county law enforcement agency shall be composed of:</text>
        <level label="1">
          <text>an actively serving or retired administrative law judge appointed by the Chief Administrative Law Judge of the Maryland Office of Administrative Hearings;</text>
        </level>
        <level label="2">
          <text>a civilian who is not a member of an administrative charging committee or the Maryland Police Training and Standards Commission, appointed by the police accountability board for the county where the alleged misconduct occurred; and</text>
        </level>
        <level label="3">
          <text>a police officer of equal rank to the police officer who is accused of misconduct appointed by the head of the law enforcement agency.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="c">
    <text>The actively serving or retired administrative law judge or the retired judge of the District Court or a circuit court shall:</text>
    <level label="1">
      <text>be the chair of the trial board;</text>
    </level>
    <level label="2">
      <text>be responsible for ruling on all motions before the trial board; and</text>
    </level>
    <level label="3">
      <text>prepare the written decision of the trial board, including the findings, conclusions, and recommendations of the trial board.</text>
    </level>
  </level>
  <level label="d">
    <text>Before serving as a member of a trial board, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.</text>
  </level>
  <level label="e">
    <text>Proceedings of a trial board shall be open to the public, except to protect:</text>
    <level label="1">
      <text>a victim’s identity;</text>
    </level>
    <level label="2">
      <text>the personal privacy of an individual;</text>
    </level>
    <level label="3">
      <text>a child witness;</text>
    </level>
    <level label="4">
      <text>medical records;</text>
    </level>
    <level label="5">
      <text>the identity of a confidential source;</text>
    </level>
    <level label="6">
      <text>an investigative technique or procedure; or</text>
    </level>
    <level label="7">
      <text>the life or physical safety of an individual.</text>
    </level>
  </level>
  <level label="f">
    <text>A trial board may administer oaths and issue subpoenas as necessary to complete its work.</text>
  </level>
  <level label="g">
    <text>A complainant has the right to be notified of a trial board hearing and, except as provided in subsection (e) of this section, the right to attend a trial board hearing.</text>
  </level>
  <level label="h">
    <text>Except as otherwise provided in this subtitle, a law enforcement agency has the burden of proof by a preponderance of the evidence in any proceeding under this subtitle.</text>
  </level>
  <level label="i">
    <text>A police officer may be disciplined only for cause.</text>
  </level>
  <level label="j">
    <text>Within 45 days after the final hearing by a trial board, the trial board shall issue a written decision reflecting the findings, conclusions, and recommendations of a majority of the trial board.</text>
  </level>
  <level label="k">
    <level label="1">
      <text>Within 30 days after the date of issuance of a decision of a trial board, the decision may be appealed by the police officer:</text>
      <level label="i">
        <text>if the trial board is from a local law enforcement agency, to the circuit court of the county in which the law enforcement agency is located;</text>
      </level>
      <level label="ii">
        <text>if the trial board is from a bi–county law enforcement agency, to a circuit court in a county in which the incident that gave rise to the disciplinary proceeding occurred; and</text>
      </level>
      <level label="iii">
        <text>if the trial board is from a statewide law enforcement agency, to the Circuit Court for Anne Arundel County.</text>
      </level>
    </level>
    <level label="2">
      <text>An appeal taken under this subsection shall be on the record.</text>
    </level>
  </level>
  <level label="l">
    <text>A trial board decision is final unless appealed by a police officer under subsection (k) of this section.</text>
  </level>
</section>
