<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 12.04.09.04" title_num="12" subtitle_num="04" chapter_num="09" heading="State Administrative Charging Committee and Local Administrative Charging Committees.">
  <paragraph num="A.">
    <text>Consistent with provisions established in Public Safety Article, §3-104, Annotated Code of Maryland, an ACC jurisdiction shall:</text>
    <paragraph num="(1)">
      <text>Have one ACC to serve law enforcement agencies within its ACC jurisdiction; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Develop written procedures for processing police officer misconduct complaints involving members of the public.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A law enforcement agency shall establish written procedures for handling complaints of police officer misconduct that do not involve members of the public.</text>
    <paragraph num="(1)">
      <text>A law enforcement agency shall use the Uniform State Disciplinary Matrix, promulgated in COMAR, 12.04.10, for complaints that result in an administrative charge.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Administrative charges arising out of an investigation of alleged police officer misconduct, not involving a member of the public, must be filed within one year and one day, pursuant to Public Safety Article, §3-113(c), Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Public Invitation to Apply for ACC.</text>
    <paragraph num="(1)">
      <text>At least 30 days prior to selecting a member, an ACC jurisdiction shall publicly invite individuals to apply for an appointment to a membership vacancy on the ACC.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An ACC jurisdiction shall, at minimum, publicly announce on its website an ACC appointment prior to the member’s initial term, successive term, or expiration of term.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>ACC Membership Eligibility.</text>
    <paragraph num="(1)">
      <text>To the extent permitted by law, an ACC jurisdiction may limit its membership eligibility by requiring, for example, a member to be:</text>
      <paragraph num="(a)">
        <text>At least 21 years old;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A legal resident or citizen of the United States of America;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A resident of the jurisdiction the ACC serves;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Of good moral character; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Free from bias that may negatively impact the integrity of the ACC.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If permitted by law, an ACC jurisdiction may exclude an individual from appointment to its ACC for ethical and public trust-related reasons consistent with the ACC’s business needs. An ACC jurisdiction’s reasons for exclusion may include, but are not limited to:</text>
      <paragraph num="(a)">
        <text>An individual has a demonstrable conflict of interest, as determined by the ACC jurisdiction;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An individual is under criminal investigation by a law enforcement agency;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An individual is charged with a crime pending before a court; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>An individual has been convicted of, or has received probation before judgement for, a felony or misdemeanor for which a sentence for 1 or more years could have been imposed.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>ACC Membership Requirements.</text>
    <paragraph num="(1)">
      <text>To the extent consistent with Public Safety Article, §3-104, Annotated Code of Maryland, an ACC jurisdiction may require as a condition of its membership that an individual applying to be an ACC member:</text>
      <paragraph num="(a)">
        <text>Submit to a background investigation with the law enforcement agency or investigative firm chosen by the ACC jurisdiction to which the individual has applied;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Successfully complete the Police Training and Standards Commission’s required training before serving as a member; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Sign an agreement to maintain the confidentiality of matters and information considered by the ACC until final disposition.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Background Investigation.</text>
      <paragraph num="(a)">
        <text>To the extent permitted by law, an ACC jurisdiction may authorize a background investigation to determine if an individual applying to be an ACC member is:</text>
        <paragraph num="(i)">
          <text>Of good moral character; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Unencumbered by conflicts of interest.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>An ACC jurisdiction shall ensure that a background investigation includes, but is not limited to:</text>
        <paragraph num="(i)">
          <text>An examination of publicly available records; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A review of the individual’s presence on social media websites, applications, and platforms.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The law enforcement agency or firm conducting the background investigation shall report the results in writing to the ACC jurisdiction that made the request.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Grounds for Refusal of an Appointment to the ACC. If permitted by law, an ACC jurisdiction may refuse to appoint an individual to serve as a member, if the individual:</text>
    <paragraph num="(1)">
      <text>Does not meet the eligibility requirements imposed by the ACC jurisdiction under §D of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Does not agree to the membership requirements imposed by the ACC jurisdiction under §E(1) of this regulation; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Is determined to be unsuitable for membership by the ACC jurisdiction based on the results of the background investigation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Self-Reporting of Adverse Events.</text>
    <paragraph num="(1)">
      <text>A member has an ongoing and continuous obligation to report immediately to the chairman of the ACC any event that may harm the public trust of the ACC.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Adverse events include, but are not limited to:</text>
      <paragraph num="(a)">
        <text>Conflicts of interest;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Criminal charges;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Criminal investigations; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Criminal convictions.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Terms of Appointment.</text>
    <paragraph num="(1)">
      <text>Subject to §H(2) of this regulation, and to the extent such limitations are permitted by law, the term for each appointed ACC member may be limited to a specified period of time.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In order to maintain the continuity of ACC operations, an ACC jurisdiction may, during its establishment of an ACC, stagger its members’ initial terms of appointment.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>To the extent permitted by law, an ACC jurisdiction may impose term limits for appointment to an ACC.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Removal or Resignation of an ACC Member.</text>
      <paragraph num="(a)">
        <text>If an ACC jurisdiction decides to remove a member from the ACC prior to the end of the member’s term, the ACC jurisdiction shall provide written notification of the decision to the member and the ACC’s chairman.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An ACC jurisdiction shall immediately remove a member who fails to maintain confidentiality as established under §E of this regulation.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A member may resign from an ACC at any time by providing written notification to the ACC jurisdiction and the ACC chairman.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Election of an ACC Chairman.</text>
    <paragraph num="(1)">
      <text>The members shall choose a chairman from their membership.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A chairman shall follow Robert’s Rules of Order.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A chairman’s responsibilities include:</text>
      <paragraph num="(a)">
        <text>Establishing the meeting schedule, with a minimum of one meeting per month;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Establishing a written agenda for each meeting for dissemination to the members in advance of each meeting;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Calling a meeting to order;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Coordinating a meeting in accordance with the agenda;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Inviting discussion among members before voting;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Inviting motions, seconds, and votes from members;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Ensuring that a record of all business conducted by the ACC is kept; and</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Promptly reporting to the ACC jurisdiction any concerns or adverse events as established under §G(2) of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>