Plain Text Law

Regulation .06 Complaints Eligible for Mediation.

Regulation .06 Complaints Eligible for Mediation.Copy Citation

A.
Complaint Eligibility.
(1)
A nonviolent complaint of a minor nature is eligible for mediation if it falls into one of the following categories:
(a)
Violation category A, as stated in COMAR 12.04.10.04D(2); or
(b)
Violation category B, as stated in COMAR 12.04.10.04D(3).
(2)
A law enforcement agency shall review the nature of the complaint and determine if mediation is appropriate, based on the following factors:
(a)
Type and severity of the alleged violation;
(b)
Circumstances of the alleged police misconduct; and
(c)
Work history and past disciplinary record of the involved police officer.
(3)
Even if a complaint is eligible for mediation, the agency head or designee has the authority to decide, for any reason, that a case may not be assigned for mediation.
B.
Complaints Not Eligible.
(1)
A complaint of police misconduct that involves any level of force is not eligible for mediation.
(2)
A complaint is not eligible for mediation if it falls into one of the following categories:
(a)
Violation category C, as stated in COMAR 12.04.10.04D(4);
(b)
Violation category D, as stated in COMAR 12.04.10.04D(5);
(c)
Violation category E, as stated in COMAR 12.04.10.04E(6); or
(d)
Violation category F, as stated in COMAR 12.04.10.04D(7).
C.
A complaint of police misconduct not eligible for mediation shall be handled through the process set forth in COMAR 12.04.09.