2022 Maryland Statutes
Public Safety
Title 3 - Law Enforcement
Subtitle 1 - Law Enforcement Officers' Bill of Rights
Section 3-106 - Limitation on Administrative Charges. [Subtitle Subject to Repeal Effective July 1, 2022; Repealed Version Follows This Subtitle]

    (a)    (1)    Except as provided in paragraph (2) of this subsection, each law enforcement agency shall establish a trial board process in accordance with this section to adjudicate matters for which a police officer is subject to discipline.

        (2)    A small law enforcement agency may use the trial board process of another law enforcement agency by mutual agreement.

    (b)    A trial board shall be composed of:

        (1)    an actively serving or retired administrative law judge or a retired judge of the District Court or a circuit court, appointed by the chief executive officer of the county;

        (2)    a civilian who is not a member of an administrative charging committee, appointed by the county’s police accountability board; and

        (3)    a police officer of equal rank to the police officer who is accused of misconduct appointed by the head of the law enforcement agency.

    (c)    Before serving as a member of a trial board, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.

    (d)    Proceedings of a trial board shall be open to the public, except to protect:

        (1)    a victim’s identity;

        (2)    the personal privacy of an individual;

        (3)    a child witness;

        (4)    medical records;

        (5)    the identity of a confidential source;

        (6)    an investigative technique or procedure; or

        (7)    the life or physical safety of an individual.

    (e)    A trial board may administer oaths and issue subpoenas as necessary to complete its work.

    (f)    A complainant has the right to be notified of a trial board hearing and, except as provided in subsection (d) of this section, the right to attend a trial board hearing.

    (g)    Except as otherwise provided in this subtitle, a law enforcement agency has the burden of proof by a preponderance of the evidence in any proceeding under this subtitle.

    (h)    A police officer may be disciplined only for cause.

    (i)    (1)    Within 30 days after the date of issuance of a decision of a trial board, the decision may be appealed by the employee:

            (i)    if the trial board is from a local law enforcement agency, to the circuit court of the county in which the law enforcement agency is located; and

            (ii)    if the trial board is from a statewide or bi–county law enforcement agency, to the Circuit Court for Anne Arundel County.

        (2)    An appeal taken under this subsection shall be on the record.

    (j)    A trial board decision that is not appealed is final.