MARVIN MANDEL, Governor

3663

(D)    THE SECRETARY OF THE BOARD SHALL ASSIGN A
CONSECUTIVE NUMBER TO EACH COMPLAINT AND [[SHALL
FORTHWITH]], WITHIN 48 HOURS, SHALL MAIL A COPY TO EACH
MEMBER OF THE BOARD. THE SECRETARY SHALL ALSO MAINTAIN
ON FILE A RECORD OF EACH COMPLAINT.

(E)    THE INTERNAL INVESTIGATION DIVISION SHALL    MAKE
A COMPREHENSIVE INVESTIGATION OF EACH COMPLAINT AND
SUBMIT ITS REPORT THEREOF TO THE BOARD WITHIN 90 DAYS
FROM THE DATE OF THE COMPLAINT.

(F)    THE BOARD SHALL REVIEW THE INTERNAL
INVESTIGATION DIVISION'S REPORT AND SUBMIT IN WRITING TO
THE POLICE COMMISSIONER WITHIN 30 DAYS FROM RECEIPT
THEREOF, A STATEMENT OF ITS FINDINGS AND RECOMMENDATIONS
[[TO THE POLICE COMMISSIONER]] AS PROVIDED UNDER SECTION
16-43(B). THE POLICE COMMISSIONER SHALL [[THEREAFTER
PROMPTLY]] , WITHIN 30 DAYS OF HIS RECEIPT OF THE
FINDINGS AND RECOMMENDATIONS OF THE CEB, FORWARD TO THE
BOARD A STATEMENT OF HIS DISPOSITION IN EACH CASE.
[[THEREUPON]] CONCURRENT WITH THIS, THE POLICE
COMMISSIONER WILL ALSO FORWARD A COPY OF THE BOARD'S
RECOMMENDATION AND THE POLICE COMMISSIONER'S STATEMENT OF
DISPOSITION [[SHALL BE FORWARDED]] TO THE COMPLAINANT AND
RESPONDENT POLICE PERSONNEL.

16-43. JURISDICTION AND DISPOSITION OF COMPLAINT.

(A)    JURISDICTION OF THE BOARD SHALL EXTEND ONLY TO
COMPLAINTS AGAINST POLICE PERSONNEL WITH RESPECT TO
DISCOURTESY AND USE OF EXCESSIVE FORCE AS DEFINED BY
POLICE DEPARTMENT RULES AND REGULATIONS.

(B)    UPON REVIEW OF THE INVESTIGATIVE REPORT OF
EACH CASE, THE BOARD SHALL MAKE FORTHWITH ANY ONE OF THE
FOLLOWING FOUR RECOMMENDATIONS TO THE POLICE
COMMISSIONER:

(1)    SUSTAIN THE COMPLAINT AND APPROVE,
DISAPPROVE, OR MODIFY THE PROPOSED INTERNAL INVESTIGATION
DIVISION'S ACTION AGAINST THE POLICE PERSONNEL.

(2)    DISMISS THE COMPLAINT BECAUSE OF LACK OR
INSUFFICIENCY OF EVIDENCE.

(3)    EXONERATE THE POLICE PERSONNEL BECAUSE
OF THE COMPLAINANT'S FAILURE TO PROVE HIS CASE BY CLEAR
AND CONVINCING EVIDENCE.

(4)    REMAND THE CASE FOR FURTHER
INVESTIGATION TO THE INTERNAL INVESTIGATION DIVISION OR
TO THE MARYLAND STATE POLICE.

(C) THE BOARD MAY REQUEST THE COMPLAINANT,