General Rules of Conduct and Disciplinary Process

Disciplinary Process For Police Employees

I. POLICY

The Field Enforcement Bureau (FEB) will apply disciplinary standards to Police Officers/Agents in a fair and consistent manner in accordance with the Annotated Code of Maryland, Public Safety Article.

II. DEFINITIONS

ADMINISTRATIVELY CHARGED: means that a Police Officer/Agent has been formally accused of misconduct in an administrative proceeding.

COMPLAINT: an allegation of misconduct, inappropriate performance, or violations of any law, agency policy, procedure, or directive that is made against a Police Officer/Agent.

MARYLAND STATEWIDE MODEL DISCIPLINARY MATRIX (MATRIX): the required framework through which discipline is imposed because of a sustained disposition from an administrative investigation into a member’s misconduct.

STATEWIDE ADMINISTRATIVE CHARGING COMMITTEE (SACC): A committee composed of five civilian members: three appointed by the Governor; one appointed by the President of the Senate; and one appointed by the Speaker of the House. The committee is trained on matters relating to Police procedure and by law is charged with determining if administrative charges will be imposed on the involved Police Officer/Agent.

TECHNICAL VIOLATION: A minor rule violation by an agent solely related to the enforcement of administrative rules that: do not involve an interaction between a member of the public and the individual; do not relate to the individual's investigative, enforcement, training, supervision, or reporting responsibilities; and is not otherwise a matter of public concern.

TRIAL BOARD: A three-member group selected to determine the outcome of a disciplinary case. A Trial Board will be composed of an actively serving or retired administrative law judge appointed by the Chief Administrative Law Judge of the Maryland Office of Administrative Hearings; a civilian who is not a member of an administrative charging committee or the Maryland Police Training and Standards Commission (MPTSC), appointed by the Police Accountability Board for the county where the alleged misconduct occurred; and an Officer of equal rank to the Officer who is accused of misconduct. Before serving as a member of a trial board, an individual will receive training on matters related to Police procedures from the MPTSC.

III. PROCEDURES

A. General Procedures

Upon receipt of a complaint of alleged Police misconduct, FEB shall complete a thorough investigation as outlined in Index Code 305 - Investigating Police Misconduct. Complaints may be received from the public, local Police Accountability Boards, or internally.
If an allegation is sustained by the SACC that involves a member of the public, or if FEB sustains an allegation that does not involve a member of the public, the Police Officer/Agent will be administratively charged and offered a penalty consistent with the Matrix, as outlined in Index Code 306 - Disciplinary Matrix for Police Employees. If the SACC determines whether an allegation is either unfounded or not sustained, they will issue a written opinion which will include detailed findings.

B. Sustained Cases Involving Administrative Charges from the SACC

Upon receipt of an administrative charge against a Police Officer/Agent from the SACC, the Director shall offer discipline to the Police Officer/Agent who has been administratively charged in accordance with the Matrix.
The Director may offer the same discipline that was recommended by the SACC, or a higher degree of discipline within the applicable range of the matrix; the Director may not deviate below the discipline recommended by the SACC.
If the Police Officer/Agent accepts the Director’s offer of discipline, then the offered discipline shall be imposed.
If the Police Officer/Agent does not accept the Director’s offer of discipline, then the matter shall be referred to a Trial Board (see “D” below).

C. Violations Not Involving the Public

For internal complaints involving alleged violations, including technical violations, which cannot be adequately addressed through the Performance Evaluation Program (PEP), coaching, or informal counseling, and the Agent In-Charge feels an investigation is necessary, an investigation will be conducted.
If the complaint is sustained, and violations are identified, the Director will offer the Police Officer/Agent discipline in accordance with the Matrix.
If the Police Officer/Agent accepts the Director’s offer of discipline, then the offered discipline will be imposed.
The Director may offer punishment when the facts which constitute a violation are not in dispute and the Police Officer/Agent accepts the recommended punishment.
The authority to impose punishment charges the Director with the responsibility of exercising his or her authority in a fair and judicious manner. The Director must ensure that the case provides sufficient information to make an appropriate disposition. The investigation should reveal the following: that an offense was committed, that the Police Officer/Agent that is the subject of the investigation committed the offense, the previous disciplinary record of the Police Officer/Agent, and any recommendations of the investigator as to sustained, non-sustained or unfounded findings. The Director must also ensure the complaint does not involve a member of the public.
When offering punishment, the Director or designee will prepare a “Notification of Charges”; the notification will identify the specific violations and will include a concise statement of facts. The Director or designee will refer to the Matrix prior to assigning punishment. The Director will confer with the Deputy Director and Agent In-Charge regarding the violation and proposed penalty. The Director or designee will meet with the Police Officer/Agent to determine if any of the facts of the case are in dispute. If the facts are in dispute, punishment will not be offered, and the case will be processed in accordance with the procedure of Trial Boards, as outlined in “D” below. If the facts of the case are not in dispute, the Police Officer/Agent will be given five (5) working days to accept punishment. The Director or designee will prepare the appropriate documentation (receipt) to verify acceptance of the punishment; the Police Officer/Agent will sign the document. All related documentation will be forwarded to the Office of Human Resources and filed according to OHR policy.
Prior to filing charges or offering punishment, the Director or designee will forward the case along with recommended charges to the Attorney General’s Office for review for legal sufficiency.

D. Trial Boards

Cases are referred to a Trial Board when a Police Officer/Agent refuses to accept the discipline offered by the agency because of:
1. an internal complaint not involving a member of the public; or
2. an external complaint involving a member of the public recommended by the SACC.
Through agreement, the Maryland State Police (MSP), Administrative Hearings Section, will coordinate Trial Board proceedings for FEB.
The Deputy Director or designee will serve as the liaison to MSP in preparing the case for hearing.
At least 30 days before a Trial Board proceeding begins, the accused Police Officer/Agent will be provided a copy of the investigative record, notified of the specific charges, and advised of the disciplinary action being recommended.
An actively serving or retired administrative law judge will be the chair of the Trial Board and will be responsible for ruling on all motions before the Trial Board, the administration of oaths or affirmations, the examination of any individual under oath, and preparation of a written decision of the Trial Board, including the findings, conclusions, and recommendations.
Proceedings will be open to the public, except to protect a victim’s identity; the personal privacy of an individual; a child witness; medical records; the identity of a confidential source; an investigative technique or procedure; or the life or physical safety of an individual.
A Trial Board may administer oaths and issue subpoenas as necessary to complete its work.
All weapons will be secured outside the hearing room.
Hearings will be recorded.
The Board may question witnesses.
Within 45 days after the final hearing by a Trial Board, the Trial Board chair will issue a written decision reflecting the findings, conclusions, and recommendations of the majority of a Trial Board.
A Trial Board decision is final unless appealed by the Police Officer/Agent to the Circuit Court for Anne Arundel County within 30 days after the date of issuance of a decision of a trial board.

IV. CANCELLATION

None.