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§ 3-108. Disposition of administrative action

West's Annotated Code of MarylandPublic Safety

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 3. Law Enforcement (Refs & Annos)
Subtitle 1. Law Enforcement Officers' Bill of Rights (Refs & Annos)
MD Code, Public Safety, § 3-108
Formerly cited as MD CODE Art. 27, § 731
§ 3-108. Disposition of administrative action
In general
(a)(1) A decision, order, or action taken as a result of a hearing under § 3-107 of this subtitle shall be in writing and accompanied by findings of fact.
(2) The findings of fact shall consist of a concise statement on each issue in the case.
(3) A finding of not guilty terminates the action.
(4) If the hearing board makes a finding of guilt, the hearing board shall:
(i) reconvene the hearing;
(ii) receive evidence; and
(iii) consider the law enforcement officer's past job performance and other relevant information as factors before making recommendations to the chief.
(5) A copy of the decision or order, findings of fact, conclusions, and written recommendations for action shall be delivered or mailed promptly to:
(i) the law enforcement officer or the law enforcement officer's counsel or representative of record; and
(ii) the chief.
Recommendation of penalty
(b)(1) After a disciplinary hearing and a finding of guilt, the hearing board may recommend the penalty it considers appropriate under the circumstances, including demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.
(2) The recommendation of a penalty shall be in writing.
Final decision of hearing board
(c)(1) Notwithstanding any other provision of this subtitle, the decision of the hearing board as to findings of fact and any penalty is final if:
(i) a chief is an eyewitness to the incident under investigation; or
(ii) a law enforcement agency or the agency's superior governmental authority has agreed with an exclusive collective bargaining representative recognized or certified under applicable law that the decision is final.
(2) The decision of the hearing board then may be appealed in accordance with § 3-109 of this subtitle.
(3) If authorized by local law, paragraph (1)(ii) of this subsection is subject to binding arbitration.
Review by chief and final order
(d)(1) Within 30 days after receipt of the recommendations of the hearing board, the chief shall:
(i) review the findings, conclusions, and recommendations of the hearing board; and
(ii) issue a final order.
(2) The final order and decision of the chief is binding and then may be appealed in accordance with § 3-109 of this subtitle.
(3) The recommendation of a penalty by the hearing board is not binding on the chief.
(4) The chief shall consider the law enforcement officer's past job performance as a factor before imposing a penalty.
(5) The chief may increase the recommended penalty of the hearing board only if the chief personally:
(i) reviews the entire record of the proceedings of the hearing board;
(ii) meets with the law enforcement officer and allows the law enforcement officer to be heard on the record;
(iii) discloses and provides in writing to the law enforcement officer, at least 10 days before the meeting, any oral or written communication not included in the record of the hearing board on which the decision to consider increasing the penalty is wholly or partly based; and
(iv) states on the record the substantial evidence relied on to support the increase of the recommended penalty.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2006, c. 251, § 1, eff. Oct. 1, 2006.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2003, c. 5):
This section is new language derived without substantive change from former Art. 27, § 731.
In subsections (b)(1) and (2), (c)(1), and (d)(3) of this section, the reference to a “penalty” is substituted for the former reference to a “punishment” for consistency throughout this section.
In subsection (d)(4) of this section, the reference to the “chief” is substituted for the former reference to the “person who may take any disciplinary action following any hearing in which there is a finding of guilt” for specificity and to use the defined term.
Defined terms: “Chief” § 3-101
“Hearing” § 3-101
“Hearing board” § 3-101
“Law enforcement officer” § 3-101
HISTORICAL AND STATUTORY NOTES
Derivation:
Former Art. 27, § 731, related to recommendations for action or punishment, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
MD Code, Public Safety, § 3-108, MD PUBLIC SAFETY § 3-108
Current through all legislation from the 2019 Regular Session of the General Assembly.
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