General Rules of Conduct and Disciplinary Process

Disciplinary Matrix For Police Employees

Appendix A: Statewide Police Disciplinary Matrix (PDF)

I. POLICY

The Field Enforcement Bureau (FEB) shall adopt the Model Uniform Disciplinary Matrix (Appendix A) in accordance with State Law and will apply discipline in a fair, equitable, and consistent manner.

II. DEFINITIONS

AGGRAVATING FACTORS: Conditions or events related to a policy violation that may increase the seriousness of the violation and may increase the degree of penalty as specified in the Disciplinary Matrix.

COMPLAINT: An allegation of misconduct, inappropriate performance, or violations of any law, agency policy, procedure, or directive that is made against a Police employee of the FEB.

FORMAL WRITTEN COUNSELING (FWC): A written warning given to a Police Officer that outlines a Police Officer’s misconduct and serves as the least severe form of discipline.

MITIGATING FACTORS: Conditions or events related to a policy violation that may decrease the seriousness of the violation and may decrease the degree of penalty as specified in the Disciplinary Matrix.

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 Officer.

LOSS OF LEAVE (LOL): The removal of leave from a Police Officer’s accrued leave total.

LOSS OF PAY (LOP): The suspension from duty without pay.

NON-PUNITIVE TRANSFER: A transfer or reassignment, as determined by the Chief of Police, Agency Head, or Sheriff, made in the best interest of an agency.

PENALTY DAYS: The forfeiture of leave days or the imposition of suspension without pay for a specified period, or both. The number of hours that determines a day is based on the Police Officer’s work schedule.

POLICY FAILURE: A disposition used when the investigation reveals that the incident did occur, the action of the Officer was consistent with agency policy, and a need for a revision, change, or correction in policy or procedure is identified.

REMEDIAL TRAINING: Training designed to correct the behavior of personnel who have failed to perform their duties with the skill, knowledge and/or ability expected and/or required of them or have otherwise demonstrated a need for additional training.

III. PROCEDURES

A. General Procedures

  1. To protect the collective integrity of a law enforcement agency, all matters that may result in discipline shall be imposed pursuant to the Matrix as responsive measures to a Police Officer/Agent’s sustained violation of an agency’s policy.
    1. Generally, each sustained misconduct allegation shall be considered separately for the purpose of recommending and imposing discipline.
    2. When multiple violations arise from the same conduct, as applicable, the Director or SACC, may determine the most effective manner to address discipline in the case is to consolidate violations into one form of discipline.
  2. The imposition of discipline shall not be:
    1. based on the member’s race, religion, gender expression, gender identity, sex assigned at birth, sexual orientation, national origin, age, ethnicity, or familial relationships; nor
    2. influenced by the high- or low-profile nature of the incident.
  3. The Matrix includes a breakdown of six different categories of violations, labeled A through F, with A being the lowest level of discipline and F being the highest:
    1. Three penalty levels are included in each category which are based on the number of similar violations in a specified period: (1) “Level One” being the penalty level for the first offense violation, (2) “Level Two” being the penalty level for a second offense of similar conduct, and (3) “Level Three” being the penalty level for a third offense or more of similar conduct.
    2. A disciplinary range is used for assessing the recommended discipline; and
    3. Based on the aggravating and mitigating factors, the disciplinary range can increase or decrease upon review of the totality of the circumstances surrounding the sustained violation.

B. Categories of Violations

  1. The Disciplinary Matrix includes six (6) violation categories.
    1. Violation categories are designed by the letters A—F that represent the severity of a violation in the category.
    2. Category A is the lowest level of discipline and category F is the highest level.
    3. Each category is defined along with examples of misconduct that may fall into the category.
  2. Any offense that falls into more than one category will be reviewed, as appropriate, by the SACC or the Director. After reviewing the totality of the circumstances and the definition of the violation category, the SACC, or when appropriate the Director, will determine the appropriate category.
  3. Special circumstance categories are for special misconduct violations and have their own disciplinary ranges.

C. Levels of Violations

  1. Within each category of violations, there are three (3) Levels of violations.
    1. Level One is the first offense.
    2. Level Two is the second offense of similar conduct committed in a two-year period.
    3. Level Three is the third offense of similar conduct committed in a two-year period.
  2. If the Police Officer/Agent commits the same or similar offense within a two (2) year period, they will be subjected to the next penalty level. For example, if a Police Officer/Agent commits the same or a similar Level One offense within a two (2) year period, they will be subject to a penalty in Level Two.

D. Factors Influencing Discipline

  1. Mitigating and aggravating factors surrounding a violation may increase or decrease the discipline; and
  2. Factors considered within a range must stay within the specific violation category.
  3. Aggravating Factors
    1. When assessing discipline, certain conditions or events related to the violation can increase the seriousness of the violation and may increase the degree of penalty as specified in the Matrix.
    2. Examples of aggravating factors include, but are not limited to the following: the Police Officer/Agent’s prior disciplinary history; the Police Officer/Agent’s prior negative work history, including non-disciplinary corrective action; the Police Officer/Agent’s rank; if the violation was committed willfully or for personal gain; the Police Officer/Agent’s efforts to conceal the violation, or to be untruthful or dishonest; the failure of the Police Officer/Agent to cooperate with an investigation; the violation was retaliatory in nature; the violation or behavior was motivated by bias against a member or group of a protected class under Maryland’s Criminal Law Article, Hate Crimes, or State Government Article, Anti-Employment Discrimination; the Police Officer/Agent expressed the unwillingness to comply with policy, tactics, or performance standards; the impact of the violation on the community or the agency’s ability to carry out its mission; the degree to which the violation caused or could have caused the loss of life or injury, and the degree to which the violation caused loss or damage to public or private property.
  4. Mitigating Factors
    1. When assessing discipline, certain conditions or events related to the violation, but not excusing or justifying the violation, may be considered in deciding the degree of penalty.
    2. Examples of mitigating factors include, but are not limited to the following: the Police Officer/Agent’s actions are attributable to selfless concern for the wellbeing of others; the Police Officer/Agent’s lack of disciplinary record; the complimentary work history of the Police Officer/Agent; the Police Officer/Agent’s prior work history; the violation was the inadvertent result of reasonable, otherwise compliant performance; the Police Officer/Agent promptly accepted responsibility for the conduct and was willing to be held accountable; the Police Officer/Agent committed the violation at the direction of a superior (who might be the subject to separate discipline); unusually serious workplace tensions and/or stressors; and the violation is attributable to limitations beyond the control of the Police Officer/Agent that are caused by legally protected physical or mental conditions.

E. Multiple Count Adjustments

  1. Each sustained misconduct violation shall be considered separately for determining discipline; or
  2. A determination may be made that when multiple violations arise from the same incident, the violations may be consolidated into one form of discipline, by:
    1. Selecting the most serious violation as a starting point within a violation category; and
    2. Weighing the other violations to determine if an increase to the discipline, within the selected violation category, is warranted.

F. Prior Disciplinary Record

  1. A Police Officer/Agent’s prior sustained disciplinary record within a category shall be considered in determining discipline for a new violation.
  2. Each violation category will have three levels for repeat violations.
  3. Three or more sustained violations in the same category within a specified time, will progress to the next violation category.

G. Determining Discipline

  1. A policy violation or other Police misconduct must first be identified.
  2. Review of the policy violation category definitions for the most appropriate category.
  3. Violation examples may be used as a guide to assist in determining the appropriate category.
  4. Determine if the violation is the first offense or a repeat offense and select the appropriate level.
  5. Each violation category has a disciplinary range with acceptable penalties. Penalties may range from:
    1. The least severe, formal written counseling.
    2. The most severe, termination; and
    3. Demotions can be considered for any category D or E violations.

H. Additional Corrective Measures

  1. Notwithstanding the penalties in the Matrix, a Police Officer/Agent may be referred to any one of the following:
    1. Counseling.
    2. Employee Assistance Program.
    3. Remedial training.
    4. Other Police Officer assistance within agency policy.
  2. Suspension or removal from the take-home car program and suspension from secondary employment may also be considered.
  3. Demotions may be imposed by Police management to category D and E violations, independent from the SACC.

I. Multiple Category Violations

  1. Some violations, depending on category definition, can fall into multiple categories.
  2. The category that most accurately reflects the Police Officer/Agent’s actions will be utilized.
  3. Violations not found in the Matrix will be determined, as appropriate, by the Director or the SACC, after review of the definitions for each violation category.

J. Deviation from the Matrix

  1. The SACC and the Director may only deviate from the use of the Matrix when required to do so by court order, consent decree, or other superseding legal authority.
  2. The Matrix does not impact Police management rights to maintain order and manage the affairs of the agency in all aspects, including, but not limited to:
    1. Establishing standards of service.
    2. Transfer or assignment of Police Officers/Agents.
    3. Establishing standards for performance and conduct.
    4. Maintaining control and regulation of the use of government equipment and property.

IV. CANCELLATION

None