General Rules of Conduct and Disciplinary Process

Investigating Police Misconduct

I. POLICY

The Field Enforcement Bureau (FEB) will accept and investigate complaints made against Police Officers/Agents in a manner that is fair and impartial by utilizing standard and consistent procedures. These procedures will be in accordance with Maryland’s Public Safety Article, the State Personnel and Pension Article, and COMAR.

II. DEFINITIONS

POLICE MISCONDUCT: A pattern, a practice, or conduct by a Police Officer or law enforcement agency that includes depriving persons of rights protected by the constitution or laws of the State or the United States; a violation of a criminal statute; or a violation of law enforcement agency standards and policies.

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 Officer.

POLICE ACCOUNTABILITY BOARD: Each of the State’s 24 jurisdictions has a Police Accountability Board. These boards have specific duties as outlined in Maryland’s Public Safety Article. Complaints of Police misconduct can be filed with the board; the board shall forward any complaints received from the public to the appropriate law enforcement agency within three (3) days after receipt.

III. PROCEDURES

A. Discretionary Powers/Duties of the Director and Deputy Director:

  1. All complaints of Police misconduct received by FEB from the public, internally, or from a Police Accountability Board, will be forwarded to the Deputy Director or their designee; the Deputy Director or designee will assign to the appropriate investigator. The Deputy Director or designee will notify the Director of any such complaints.
  2. The Deputy Director or designee have the authority and discretion to resolve minor technical violations that do not involve members of the public through employee coaching, informal counseling, and/or the Performance Evaluation Program (PEP).
  3. The Director or Deputy Director may, depending on the circumstances of the alleged Police misconduct, request that a full-service, allied State law enforcement agency assume responsibility to complete internal and/or criminal investigations of FEB Police Officers/Agents.

B. Complainant/Victim’s Rights

  1. The Agent In-Charge is designated as the Police misconduct victim’s rights advocate for FEB.
  2. The Agent In-Charge will:
    1. Contact the complainant within 72 hours of receipt of the complaint and explain the investigation process to include: 1) the steps of the investigation, 2) responsibilities of the SACC, and 3) the Trial Board process.
    2. Provide the complainant with status of the case at every stage of the process.
    3. Provide the complainant with the case number and information relative to case tracking, to include investigation status, issuance of administrative charges, offers of discipline, Trial Board, ultimate discipline, and appeal.
    4. Provide the complainant the opportunity to review a Police Officer/Agent’s statement, if any, before the completion of an investigation.
    5. Notify the complainant of any SACC decisions, decisions to terminate an investigation, or a Trial Boards decision.
    6. Provide a case summary to the complainant within 30 days after final disposition of the case.

C. Investigative Process

  1. An internal investigation is complete when:
    1. The complainant and witness have been interviewed.
    2. Employees have been interviewed.
    3. All physical evidence has been examined.
    4. All leads have been explored.
    5. All associated reports and relevant documentation have been completed.
  2. When interviewing the complainant or witnesses, the investigator will, when feasible:
    1. Conduct all interviews in person.
    2. Obtain written statements.
    3. Audibly record all statements.
    4. Determine every relevant fact known to the complainant or witness.
    5. Determine the motivation of the complaint and/or witness, to include any relationship between the complainant and the Police Officer/Agent.
  3. The investigator will, when feasible:
    1. Pursue all leads developed during interviews of the complainant and/or witness.
    2. Process any evidence according to established procedures.
    3. Obtain all pertinent records/documents that may be used to assist in the investigation or to corroborate or refute statements.
    4. Take photographs as deemed necessary during the investigation.
  4. When the investigation involves a firearm being discharged by a Police Officer/Agent, the investigator will:
    1. Determine if the weapon is an approved weapon.
    2. Determine if the weapon was issued by FEB.
    3. Determine if it is a primary or secondary weapon.
    4. Determine if the ammunition is approved.
    5. Document in the investigative report the condition of the weapon, the make, model, and serial number; the number of rounds of ammunition in the weapon, in the Police Officer/Agent’s possession, and each magazine.
  5. If the discharge of a firearm or any other action taken by a Police Officer/Agent result in the death or serious injury of a person, the investigation will be conducted by the Maryland Attorney General’s Independent Investigations Division.
  6. Any interview of the accused Police Officer/Agent should generally occur after the interview of the complainant and after any witness interviews have occurred. Statements should be either written or audibly recorded.

D. Interrogation of Accused Police Officer/Agent and Submission of Written Reports

  1. Before any interrogation of, or before any formal report is submitted by the accused, the Police Officer/Agent must be notified in writing that they are the subject of an investigation; this notification must also describe the nature of the investigation.
  2. The Police Officer/Agent must sign the notification and acknowledge receipt of same; a copy of the notification will be provided to the accused.
  3. The Police Officer/Agent who is the subject of the interrogation, or who has been asked to submit a written report that is likely to contain information that may be used as evidence against the Police Officer/Agent, will be ordered in writing by the appropriate superior, to submit to the interrogation and/or submit a written report. A copy of this order must be signed by the Police Officer/Agent, and a copy will be provided to them. Before ordering a report from a Police Officer/Agent in cases that may result in criminal charges, the investigator conducting the internal investigation will confer with the Police Officer/Agent who is conducting a criminal investigation.
  4. The Police Officer/Agent has the right to be represented by counsel or any other representative of his/her choice prior to and during the interrogation unless the Police Officer/Agent waives that right. If the Police Officer/Agent wishes to have representation, the investigator will allow five (5) working days from the time of official notification of the interrogation to provide an opportunity for the Police Officer/Agent to obtain representation prior to the interrogation.
  5. All questions directed to the Police Officer/Agent during the interrogation will be asked by and through one interviewer.
  6. The interrogation will take place in a secure office in FEB’s Annapolis location.
  7. The investigator will audibly record the interrogation and will include the date and time the interrogation begins and the date and time the interrogation concludes. Any interruptions will also be noted on the recording.
  8. Upon completion of the investigation, and no less than 30 days prior to any Trial Board hearings, the Police Officer/Agent or his representative may request to review the record of the interrogation.

E. Compelled Tests of Police Officers/Agents

  1. Police Officers/Agents may be compelled to submit to blood tests, breath tests, and urinalysis tests as relates to controlled dangerous substances in accordance with Maryland’s Public Safety Article.
  2. Police Officers/Agents may be compelled to submit to other forensic testing, such as handwriting samples or hair samples, as may be required to conduct a thorough investigation.
  3. Police Officers/Agents may be compelled to disclose financial information to the extent that the information is necessary to investigate possible conflict of interest with respect to the performance of their official duties, or if the disclosure is required by Federal or State law.
  4. If a Police Officer/Agent is compelled by official order to submit to a test, examination, or interrogation, the results of those investigative techniques are not admissible or discoverable in a criminal proceeding against the Police Officer/Agent.

F. Polygraph Examinations of Police Officers/Agents

  1. Polygraph examinations of Police Officers/Agents will be conducted in accordance with the Maryland Public Safety Article.
  2. Police Officers/Agents may voluntarily submit or be ordered to submit to polygraph examinations.
  3. If a Police Officer/Agent is compelled by official order to submit to a polygraph examination, the results are not admissible or discoverable in a criminal or civil proceeding against the Police Officer/Agent.

G. Failure to Comply with Official Order

  1. Before being ordered to submit detailed reports, or submit to an interrogation, interview, blood test, breath test, and/or polygraph examination, the Police Officer/Agent must be notified of the following:
    1. Information obtained using any of those investigative techniques will not be used against him/her in subsequent criminal proceedings.
    2. The following actions are separate violations of the rules of conduct and constitute grounds for disciplinary action. These separate violations may result in the termination of the Police Officer/Agent: refusal to cooperate in an investigation; refusal to submit to a blood alcohol test, or a blood, breath, or urine test for the presence of controlled dangerous substances; refusal to submit to a polygraph examination, interrogation, or interview; and refusal to submit a detailed report.

H. Investigative Format

The completed investigation case file will be organized as follows:

  1. Completed investigative report.
  2. All statements, including those of the complainant/victim and witnesses.
  3. All official notifications to the Police Officer/Agent who is the subject of the investigation.
  4. Official results of tests/examinations (blood, breath, polygraph, etc.).
  5. Any reports or other documentation from other law enforcement agencies that are relevant to the investigation.
  6. Any photographs, or video or audio recordings that may be related to the investigation.

I. Recommendation of Investigator at Conclusion of Investigation

  1. The investigator will recommend for each alleged violation, based upon a preponderance of evidence, a finding of:
    1. NON-SUSTAINED if the investigation fails to disclose sufficient information to clearly prove the allegation.
    2. SUSTAINED if the investigation disclosed sufficient information to clearly prove the allegation; or
    3. UNFOUNDED if the investigation revealed that the reported incident did not occur.
  2. The Agent In-Charge, upon receipt of the completed investigation, will prepare an endorsement.
    1. The endorsement will include whether the Agent In-Charge agrees with the investigator’s findings.
    2. If the Agent In-Charge disagrees with the findings, he/she will state the factual basis for not accepting the investigator’s conclusion.
    3. If the Agent In-Charge chooses to change a sustained finding to a non-sustained or unfounded finding he/she must, in the endorsement, indicate that they have the concurrence of the Deputy Director.
    4. Upon completion, the investigation will be forwarded to the Deputy Director or designee.

J. Time Limits

Except in cases of criminal activity or excessive force, administrative charges must be brought against a Police Officer/Agent within one year after the act that gives rise to the charges comes to the attention of FEB. Therefore, administrative investigations will be completed within 60 calendar days unless an extension is approved by the Deputy Director or designee.

K. Review by the Statewide Administrative Charging Committee (SACC)

  1. All complaints received from the public or from the Police accountability Board will be reviewed by the SACC.
  2. Upon determination that the investigation is complete, the Deputy Director or designee will forward the case file to the SACC.
  3. The SACC will:
    1. Review the findings of the agency’s investigation.
    2. Review any body camera footage that may be relevant to the matters covered in the complaint of misconduct.
    3. When a Police Officer/Agent is called to appear before the SACC, authorize him/her to be represented.
    4. Determine if the Police Officer/Agent who is the subject of the investigation will be: Administratively charged or not Administratively charged.
    5. If the Police Officer/Agent is charged, recommend discipline in accordance with the Disciplinary Matrix.
    6. Issue a written opinion that describes in detail its findings, determinations, and recommendations.
    7. Forward the written opinion to the Director, the Police Officer/Agent, and the complainant.
  4. In executing its duties, the SACC may:
    1. Request additional information or action by FEB, to include supplemental investigation and the issuance of subpoenas.
    2. If the Police Officer/Agent is not Administratively charged, determine if the allegations against the Police Officer/Agent are unfounded or that the Police Officer/Agent is exonerated.
    3. Record, in writing, any failure of supervision by FEB that caused or contributed to the Police Officer/Agent’s misconduct.

L. Reporting to the Maryland Police Training and Standards Commission (MPTSC)

  1. Annually, FEB will report statistics and data on complaints of misconduct to MPTSC as required by Maryland’s Public Safety Article.
  2. By January 31st of each calendar year, the Deputy Director or designee will compile the following for the preceding year:
    1. The disposition of serious incidents of Police Officer/Agent misconduct.
    2. Statics regarding the number of Police Officers/Agents disciplined and the types of discipline administered.
  3. The Deputy Director or designee will submit this data via email to the MPTSC in the reporting format utilized by MPTSC.

IV. CANCELLATION

None