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MARVIN MANDEL, Governor 2473
(3) THE POLICE DEPARTMENT, BUREAU OR FORCE OF ANY
COUNTY; OR
(4) THE POLICE DEPARTMENT, BUREAU OR FORCE OF ANY
INCORPORATED CITY OR TOWN; OR
(5) THE OFFICE OF THE SHERIFF OF ANY COUNTY; OR
(6) THE POLICE DEPARTMENT, BUREAU [[OF]] OR FORCE
OF ANY BI-COUNTY AGENCY[[.]] OR THE UNIVERSITY
OF MARYLAND.
(C) "INVESTIGATING COMMITTEE" MEANS A COMMITTEE
FROM WITHIN A LAW ENFORCEMENT AGENCY WHICH IS AUTHORIZED
TO HOLD A HEARING ON A COMPLAINT AGAINST A LAW
ENFORCEMENT OFFICER AND WHICH CONSISTS OF NOT LESS THAN
THREE [[MEMEBERS]] MEMBERS WHO HAVE HAD NO PART IN THE
INVESTIGATION OR INTERROGATION OF THE LAW ENFORCEMENT
OFFICER.
(D) "HEARING" MEANS ANY MEETING IN THE COURSE OF
AN INVESTIGATORY PROCEEDING, OTHER THAN AN INTERROGATION,
AT WHICH NO TESTIMONY IS TAKEN UNDER OATH, CONDUCTED BY
AN INVESTIGATING COMMITTEE FOR THE PURPOSE OF TAKING OR
ADDUCING TESTIMONY OR RECEIVING OTHER EVIDENCE.
728.
(A) A LAW ENFORCEMENT OFFICER HAS THE SAME RIGHTS
TO ENGAGE IN POLITICAL ACTIVITY AS ARE AFFORDED TO ANY
STATE EMPLOYEE. THIS RIGHT TO ENGAGE IN POLITICAL
ACTIVITY SHALL NOT APPLY TO ANY LAW ENFORCEMENT OFFICER
WHEN HE IS ON DUTY OR WHEN HE IS ACTING IN HIS OFFICIAL
CAPACITY.
(B) WHENEVER A LAW ENFORCEMENT OFFICER IS UNDER
INVESTIGATION OR SUBJECTED TO INTERROGATION BY A LAW
ENFORCEMENT AGENCY, FOR ANY REASON WHICH COULD LEAD TO
DISCIPLINARY ACTION, DEMOTION OR DISMISSAL, THE
INVESTIGATION OR INTERROGATION SHALL BE CONDUCTED UNDER
THE FOLLOWING CONDITIONS:
(1) THE INTERROGATION SHALL BE CONDUCTED AT
A REASONABLE HOUR, PREFERABLY AT A TIME WHEN THE LAW
ENFORCEMENT OFFICER IS ON DUTY, UNLESS THE SERIOUSNESS OF
THE INVESTIGATION IS OF SUCH A DEGREE THAT AN IMMEDIATE
INTERROGATION IS REQUIRED.
(2) THE INTERROGATION SHALL TAKE PLACE
EITHER AT THE OFFICE OF THE COMMAND OF THE INVESTIGATING
OFFICER OR AT THE OFFICE OF THE LOCAL PRECINCT OR POLICE
UNIT IN WHICH THE INCIDENT ALLEGEDLY OCCURRED, AS
DESIGNATED BY THE INVESTIGATING OFFICER, UNLESS OTHERWISE
WAIVED BY THE LAW ENFORCEMENT OFFICER.
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