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Session Laws, 1966
Volume 678, Page 435   View pdf image (33K)
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J. MILLARD TAWES, Governor                       435

prescribing procedures for the suspension from duty, with or with-
out pay, of any member of the Department pending investigation
or filing of disciplinary charges against him.

(b)    No member of the Department may be so dismissed or re-
moved except after written charges have been preferred, reasonable
notice provided, and full opportunity afforded to be heard in his own
defense, either before the Commissioner, or before a Disciplinary
Board which may be created by him, consisting of such members of
the Department as he may from time to time determine. The Com-
missioner, or Disciplinary Board, as the case may be, shall, in con-
nection with any such disciplinary hearing, have the power to ad-
minister oaths and to issue subpoenas to compel the attendance and
testimony of witnesses, and the production of books, papers, records,
and documents as may be relevant or necessary. Any such subpoena
may be served by any police officer of the Department or, without
cost, by the sheriff or deputy sheriff of the political subdivision
in which is located the residence of the person, or the main office
of the firm, association, partnership, or corporation against whom
or which the subpoena is issued. In case of disobedience or refusal
to obey any such subpoena, the Police Commissioner, or Disciplinary
Board, may apply to the Baltimore City Court, or the Circuit Court
of any county, as the case may be, wherein the subpoenaed party
resides or conducts business, for an order requiring the attendance
and testimony of such witness and the production of such books,
papers, records, and documents. Upon a finding that the attendance
and testimony of the witness, or the production of the books, papers,
records, and documents so sought is relevant or necessary, the court
may issue an order requiring such attendance, testimony, or produc-
tion of books, papers, records, and documents, and any failure to obey
such an order of court may be punished by the court as a contempt
thereof.

(c)    The Commissioner, or Disciplinary Board, shall be empow-
ered, after such disciplinary hearings, to impose such punishment
as shall be deemed appropriate under the circumstances,
including, but not limited to, dismissal or removal from the Depart-
ment, fine or forfeiture of pay or leave time, reduction in rank,
grade, or position, assignment of extra duty, or any other punish-
ment deemed proper by the Commissioner or the Board.

(d)    The Commissioner shall be empowered to review the findings
and conclusions of the Disciplinary Board in connection with any
disciplinary hearing held before it and he may, in his discretion,
affirm, reverse, or otherwise modify the action taken by the Dis-
ciplinary Board.

(e)    The provisions of the Administrative Procedure Act, Article
41, Sections 244-256, Annotated Code of Maryland (1965 Replace-
ment Volume) shall govern the procedure to be followed in discipli-
nary hearings before the Commissioner or Disciplinary Board, includ-
ing any appeals therefrom to the courts, including the Court of Ap-
peals of Maryland.

Grievance procedure.
537.

The Police Commissioner shall by rule or regulation establish a
grievance procedure in the Department designed to provide optimum

 

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Session Laws, 1966
Volume 678, Page 435   View pdf image (33K)   << PREVIOUS  NEXT >>


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