Resolution - Chapter 59 Laws of Maryland 2021, Maryland Police Accountability Act of 2021
WHEREAS, Chapter 59 Laws of Maryland 2021, Maryland Police Accountability Act of 2021 - Police Discipline and Law Enforcement Programs and Procedures, (the "Act"), makes various changes that generally relate to law enforcement including altering requirements for police officers during traffic stops, establishing higher education financial assistance programs for police officers, increasing civil liability limits applicable to police misconduct lawsuits repealing the Law Enforcement Officer's Bill of Rights ("LEOBR"), and establishing provisions that relate to a statewide accountability and discipline process for police officers;
WHEREAS, in accordance with the Act, each county shall establish a police accountability board.
WHEREAS, the Act requires each county to have one administrative charging committee to serve local law enforcement agencies within the county.
WHEREAS, the Board of County Commissioners desires to conform to the requirements or the Act by July I, 2022.
NOW, THEREFORE, BE IT RESOLVED by the County Commissioners of Carroll County, Maryland that there shall be a Carroll County Police Accountability Board (''CCPAB) and a Carroll County Administrative Charging Committee("CCACC") applicable to countywide
law enforcement agencies and local enforcement agencies within the County in accordance with
I. Police Accountability Board
A. There shall be a Carroll County Police Accountability Board ("CCPAB") to serve local law enforcement agencies as defined in MD. Ann. Code Public Safety Art., § 3-201, as amended hereafter from time to time.
B. The CCP AB shall:
1. Hold not less than quarterly meetings with heads of law enforcement agencies and work to improve matters of policing;
2. Appoint civilian members to the charging committee and trial boards as described in the Act;
3. Receive complaints of police misconduct filed by members of the public. Each complaint of misconduct received by the CCPAB shall be forwarded within three
(3) days of receipt by the CCPAB to the appropriate law enforcement agency. If no meeting of the CCP AB is scheduled within that timeframe, the Chairperson of the
CCP AB shall ensure that such complaint is forwarded and report the transfer of such report to the CCP AB at its next meeting.
4. On at least a quarterly basis, review outcomes of disciplinary matters considered by the charging committee;
5. By December 31 each year, submit a report to the County Commissioners that identifies any trends in the disciplinary process of police officers in Carroll County
and include recommendations on changes to policy that would improve police accountability in Carroll County.
II. Administrative Charging Committee
A. There shall be a Carroll County Administrative Charging Committee ("CCACC") to serve countywide law enforcement agencies and local law enforcement agencies.
B. The CCACC shall:
1. Adopt rules of procedure and conduct for hearings that provide procedural and substantive due process, which may be amended from time to time as a majority of the CCACC may deem necessary and appropriate.
2. Review the findings of a law enforcement agency's investigation conducted and forwarded to the CCACC.
3. Make a determination that the Sheriff's deputy or municipal police officer ("law enforcement officer") who is subject to investigation shall be:
a. Administratively charged; or
b. Not administratively charged.
4. If the law enforcement officer is charged, recommend discipline in accordance with the law enforcement agency's disciplinary matrix developed by the Maryland Police Training and Standards Commission pursuant to MD. Ann. Code, Public Safety Art., § 3-105 and § 3-106 .
5. Review any body camera footage that may be relevant to the matters covered in
the complaint of misconduct.
6. Authorize a law enforcement officer called to appear before an administrative charging committee to be accompanied by a representative.
7. Issue a written opinion that describes in detail its findings, determinations, and recommendations, and
8. Forward the written opinion to the chief of the law enforcement agency, the law enforcement officer, and the complainant.
9. Within 15 days of receipt of the written opinion and recommended discipline of the CCACC, the Sheriff or Chief of the Law Enforcement Agency shall offer the recommended discipline (or a higher discipline) to the officer. (A lower discipline may not be offered to the officer.)
10. TRIAL BOARD. If the officer refuses the proposed discipline, a trial board must be convened by the Office of the Sheriff or the Chief of the Law Enforcement Agency (whichever is applicable), which must consist of:
(a) An active or retired administrative law judge, or a retired district or circuit court judge appointed by the County Commissioners.
(b) A civilian who is not a member of the CCACC, appointed by the Carroll County Police Accountability Board.
(c) A police officer of equal rank to the accused officer, appointed by the Sheriff or Chief of Police, whichever is applicable.
C. In executing its duties, the CCACC may:
1. Request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation and the issuance of subpoenas;
2. If the law enforcement officer 1s not administratively charged, make a determination that:
a. The allegations against the law enforcement officer are unfounded; or
b. The law enforcement officer is exonerated; and
3. Record, in writing, any failure of supervision that caused or contributed to a Law Enforcement Officer's misconduct.
A. To the extent practicable, the membership of the CCPAB and CCACC shall reflect the racial, gender, and cultural diversity of Carroll County.
B. No active law enforcement officer may be a member of the CCPAB or CCACC.
C. Member(s) shall hold their position until their successor(s) are selected and qualified.
D. All members of the CCPAB and the CCACC are subject to the applicable provisions of the Carroll County Code of Ethics, Ch. 34 of the Code of Public Local Laws and Ordinances of Carroll County.
E. All members of the CCPAB and CCACC shall be Carroll County residents and shall not have been convicted in a federal or state court of record of a crime punishable by imprisonment exceeding one (I) year and received a sentence of imprisonment for more than one (1) year, unless pardoned.
F. No member of the CCPAB and CCACC shall have a charge pending in a federal or state court of record for a crime punishable by imprisonment exceeding one ( 1) year.
G. Members of the CCPAB and CCACC shall maintain confidentiality regarding all matters before the respective Board and Committee.
H. Members of the CCPAB and CCACC shall comply with the Maryland Open Meetings Act, MD. Ann. Code, General Provisions Art., §3-101, et seq., as amended hereafter from time to time.
L With regard to the CCPAB
I. The CCPAB shall be composed of five (5) members appointed by the Board of County Commissioners of Carroll County, including the Chairperson designated by the Board of County Commissioners.
2., Members shall serve a term of two (2) years and shall not be eligible for reappointment after a total of four ( 4) years of service.
3. The Chairperson of the CCPAB shall have experience relevant to the position.
4. Two (2) members may be sworn law enforcement officers who retired in good standing.
5. Two members shall be selected from a list of five names forwarded to the Board of County Commissioners from the County Chapter of the Maryland Municipal League.
J. With regard to the CCACC:
1. The CCACC shall be composed of five (5) members.
2. The Chairperson of the CCPAB, or a member designated by the Chairperson of the CCPAB shall serve as a Member of the CCACC.
3. The Board of County Commissioners for Carroll County shall appoint two (2) Carroll County civilians as members of the CCACC.
4. The CCPAB shall appoint two (2) Carroll County civilians to the CCACC by majority vote.
5. The members of the CCACC shall elect a Chairperson from among its members by a majority vote each year at the first meeting occurring on or after July 1.
6. The Chairperson of the CCACC shall serve no more than two (2) consecutive terms as the Chairperson.
7. Members shall serve a term of two (2) years and shall not be eligible for reappointment after a total of four (4) years of service on the CCACC.
8. Before serving as the CCACC, every individual shall receive training on matters relating to police procedures promulgated by the Maryland Police Training and Standards Commission.
V. Resignation and Removal
A. Any member of the CCPAB or CCACC may resign at anytime by providing written notice to the Board of County Commissioners.
B. In addition to the grounds set forth above, a member of the CCPAB or CCACC may be removed in accordance with the following provisions.
1. The Board of County Commissioners may remove any member on its own initiative based on a recommendation of a majority vote of the CCPAB, when, in its discretion, the best interest of the community would not be served by continued membership.
2. The Chairperson shall notify the Board of County Commissioners if a member of the CCPAB or of the CCACC misses three (3) scheduled meetings in any twelve (12) month period without an excused absence. The Board of County Commissioners shall remove and replace such member.
VI. Special Meetings and Reporting.
A. The CCP AB and the CCACC may meet m Special Meetings at the call of the Chairperson, or in the absence of the Chairperson, at the request of a majority of the members.
B. Matters considered at a Special Meeting are limited to the purpose and agenda listed in the notice of the meeting.
C. Adequate notice of all Special Meetings will be provided to all CCPAB or CCACC
D. Meetings of the CCPAB and the CCACC may be conducted by telephone or video conference call provided that such meetings are in compliance with the Maryland Open Meetings Act.
A. The Board of County Commissioners shall approve a budget for the CCP AB that may
I. An annual appropriation for studies and contracted services relevant to the mission of the CCP AB supported by grant assistance from the Governor's Office of Crime Control and Prevention; and
2. A quarterly stipend to members m such amount the Board of County Commissioners deems appropriate.
B. The Board of County Commissioners shall approve a budget for the CCACC that may
I. An annual appropriation for studies and contracted services relevant to the mission of the CCPAB supported by grant assistance from the Governor's Office of Crime Control and Prevention; and
2. A meeting stipend for members with a maximum annual amount set by the Board of County Commissioners.
VIII. Rules, Record Keeping, and Support
1. A quorum shall consist of a majority of the voting members.
2. All meetings shall be conducted in accordance with Roberts Rules of Order unless they are inconsistent with the approved rules or this Resolution.
3. There shall be one (1) vote per member of the CCPAB and CCACC. Any member serving both the CCPAB and the CCACC shall have one vote in each body.
The Chair is entitled to vote on any item unless precluded by operation of the Carroll County Code of Ethics.
4. A tie vote for or against a motion means that a motion fails.
B. Record Keeping.
1. The Custodian of all records, of any form, including, without limitation, paper, media, and electronic, of the CCPAB shall be the Chairperson of the CCPAB with:
a. Records pertaining to any administrative investigation being deposited and secured by the Office of the County Attorney; and
b. Records pertaining to any criminal investigation being deposited and secured by the Office of the State's Attorney.
1. The Carroll County Department of Human Resources shall provide support personnel as may be required by the CCPAB and CCACC.
2. The Department of the County Attorney shall provide legal support to the CCPAB and, if requested, the CCACC.
3. The Board of County Commissioners shall provide such meeting space, supplies, equipment, and support, including without limitation technology support and storage, as may be required by the CCP AB and CCAC to perform their respective duties.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Carroll County, Maryland that, in the event any portion of this Resolution is found to be unconstitutional, illegal, null or void, it is the intent of the Board of County Commissioners to sever only the invalid portion or provision, and that the remainder of the Resolution shall be enforceable and valid.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Carroll County, Maryland that this Resolution shall be effective on July 1, 2022.
View the PDF of the resolution here.