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Ch. 251
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2006 LAWS OF MARYLAND
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Article - Public Safety
3-107.
(a) (1) Except as provided in paragraph (2) of this subsection and § 3-111 of
this subtitle, if the investigation or interrogation of a law enforcement officer results
in a recommendation of demotion, dismissal, transfer, loss of pay, reassignment, or
similar action that is considered punitive, the law enforcement officer is entitled to a
hearing on the issues by a hearing board before the law enforcement agency takes
that action.
(2) A law enforcement officer who has been convicted of a felony is not
entitled to a hearing under this section.
(b) (1) The law enforcement agency shall give notice to the law enforcement
officer of the right to a hearing by a hearing board under this section.
(2) The notice required under this subsection shall state the time and
place of the hearing and the issues involved.
(c) (1) Except as provided in paragraph (4) of this subsection and in § 3-111
of this subtitle, the hearing board authorized under this section shall consist of at
least three members who:
(i) are appointed by the chief and chosen from law enforcement
officers within that law enforcement agency, or from law enforcement officers of
another law enforcement agency with the approval of the chief of the other agency;
and
(ii) have had no part in the investigation or interrogation of the law
enforcement officer.
(2) At least one member of the hearing board shall be of the same rank
as the law enforcement officer against whom the complaint is filed.
(3) (i) If the chief is the law enforcement officer under investigation,
the chief of another law enforcement agency in the State shall function as the law
enforcement officer of the same rank on the hearing board.
(ii) If the chief of a State law enforcement agency is under
investigation, the Governor shall appoint the chief of another law enforcement agency
to function as the law enforcement officer of the same rank on the hearing board.
(iii) If the chief of a law enforcement agency of a county or municipal
corporation is under investigation, the official authorized to appoint the chiefs
successor shall appoint the chief of another law enforcement agency to function as the
law enforcement officer of the same rank on the hearing board.
(iv) If the chief of a State law enforcement agency or the chief of a
law enforcement agency of a county or municipal corporation is under investigation,
the official authorized to appoint the chief's successor, or that official's designee, shall
function as the chief for purposes of this subtitle.
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