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2017 Maryland Code
Public Safety
Title 3 - Law Enforcement
Subtitle 1 - Law Enforcement Officers' Bill of Rights
§ 3-103. Rights of law enforcement officers generally
Universal Citation:
MD Pub Safety Code § 3-103 (2017)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
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- (a) Right to engage in political activity. --
- (1) Subject to paragraph (2) of this subsection, a law enforcement officer has the same rights to engage in political activity as a State employee.
- (2) This right to engage in political activity does not apply when the law enforcement officer is on duty or acting in an official capacity.
- (b) Regulation of secondary employment. -- A law enforcement agency:
- (1) may not prohibit secondary employment by law enforcement officers; but
- (2) may adopt reasonable regulations that relate to secondary employment by law enforcement officers.
- (c) Disclosure of property, income, and other information. -- A law enforcement officer may not be required or requested to disclose an item of the law enforcement officer's property, income, assets, source of income, debts, or personal or domestic expenditures, including those of a member of the law enforcement officer's family or household, unless:
- (1) the information is necessary to investigate a possible conflict of interest with respect to the performance of the law enforcement officer's official duties; or
- (2) the disclosure is required by federal or State law.
- (d) Retaliation. --
- (1) A law enforcement officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the law enforcement officer's employment or be threatened with that treatment because the law enforcement officer:
- (i) has exercised or demanded the rights granted by this subtitle;
- (ii) has lawfully exercised constitutional rights; or
- (iii) has disclosed information that evidences:
- 1. gross mismanagement;
- 2. a gross waste of government resources;
- 3. a substantial and specific danger to public health or safety; or
- 4. a violation of law committed by another law enforcement officer.
- (2) A law enforcement officer may not undertake an independent investigation based on knowledge of disclosures described in paragraph (1)(iii) of this subsection.
- (1) A law enforcement officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to the law enforcement officer's employment or be threatened with that treatment because the law enforcement officer:
- (e) Right to sue. -- A statute may not abridge and a law enforcement agency may not adopt a regulation that prohibits the right of a law enforcement officer to bring suit that arises out of the law enforcement officer's duties as a law enforcement officer.
- (f) Waiver of rights. -- A law enforcement officer may waive in writing any or all rights granted by this subtitle.
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