1676

LAWS OF MARYLAND

Ch. 328

(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, the Mass Transit
Administration police force of the Department of
Transportation, the Maryland toll facilities police force of
the Maryland Transportation Authority, and the Maryland Port
Administration police force of the Department of
Transportation; [or]

(8)  The police officers of the Department of
Natural Resources; or

(9)  The Maryland Alcohol and Tobacco Tax
Enforcement Unit.

[(b-1)] (C) "Law-enforcement officer" does not include
an officer serving in a probationary status except when
allegations of brutality in the execution of his OR HER
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 OR TO MEMBERS OF THE EXEMPT
SERVICE IN ANY THE APPOINTING AUTHORITY OF A CHARTER COUNTY.
The term "probationary status" includes only an officer who
is in that status upon initial entry into the Department.

[(c)] (D) "Hearing boards" mean

(1)  A 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,
except as provided in paragraph (2) of this subsection, all
to be appointed by the chief and 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.

(2)  If a law-enforcement officer is offered
summary punishment imposed pursuant to § 734A and refuses,
the chief may convene a one-member or more hearing board and
the hearing board shall have only the authority to recommend
the sanctions as provided in this subtitle for summary
punishment. If a single member hearing board is convened,
that member need not be of the same rank. However, all other
provisions of this subtitle shall apply.