3436

LAWS OF MARYLAND

[Ch. 809

(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 or force of any
bicounty agency or the University of Maryland[.]; OR

(7)  THE STATE AVIATION ADMINISTRATION POLICE FORCE
OF THE DEPARTMENT OF TRANSPORTATION AND THE TOLL
FACILITIES POLICE FORCE OF THE MARYLAND TRANSPORTATION
AUTHORITY; OR

(8)     THE POLICE OFFICERS OF THE DEPARTMENT OF
NATURAL RESOURCES.

"LAW-ENFORCEMENT OFFICER" DOES NOT INCLUDE AN
OFFICER SERVING IN A PROBATIONARY STATUS EXCEPT WHEN
ALLEGATIONS OF BRUTALITY IN THE EXECUTION OF HIS DUTIES
ARE MADE INVOLVING AN OFFICER WHO IS IN A PROBATIONARY
STATUS. THE PROVISIONS OF THIS SUBTITLE DO NOT APPLY TO
PERSONS SERVING AT THE PLEASURE OF THE POLICE
COMMISSIONER OF BALTIMORE CITY.

(c)  "[Investigating committee] HEARING BOARD" means
a [committee from within a law—enforcement agency] BOARD
which is authorized BY THE CHIEF to hold a hearing on a
complaint against a law—enforcement officer and which
consists of not less than three members, ALL TO BE
APPOINTED BY THE CHIEF AND [[SELCTED]] SELECTED FROM
LAW-ENFORCEMENT OFFICERS WITHIN THAT AGENCY, OR
LAW-ENFORCEMENT OFFICERS OF ANOTHER AGENCY WITH THE
APPROVAL OF THE CHIEF OF THE OTHER AGENCY, AND who have
had no part in the investigation or interrogation of the
law—enforcement officer. AT LEAST ONE MEMBER OF THE
HEARING BOARD SHALL BE OF THE SAME RANK AS THE
LAW-ENFORCEMENT OFFICER AGAINST WHOM THE COMPLAINT HAS
BEEN FILED.

(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] A HEARING BOARD for the
purpose of taking or adducing testimony or receiving
other evidence.

(E) "SUMMARY PUNISHMENT" IS PUNISHMENT IMPOSED BY
THE HIGHEST RANKING OFFICER OF A UNIT OR MEMBER ACTING IN
THAT CAPACITY, WHICH MAY BE IMPOSED WHEN THE FACTS
CONSTITUTING THE OFFENSE ARE NOT IN DISPUTE. SUMMARY
PUNISHMENT MAY NOT EXCEED THREE DAYS SUSPENSION WITHOUT