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ROBERT L. EHRLICH, JR., Governor Ch. 251
(4) (i) A law enforcement agency or the agency's superior
governmental authority that has recognized and certified an exclusive collective
bargaining representative may negotiate with the representative an alternative
method of forming a hearing board.
(ii) A law enforcement officer may elect the alternative method of
forming a hearing board if:
1. the law enforcement officer works in a law enforcement
agency described in subparagraph (i) of this paragraph; and
2. the law enforcement officer is included in the collective
bargaining unit.
(iii) The law enforcement agency shall notify the law enforcement
officer in writing before a hearing board is formed that the law enforcement officer
may elect an alternative method of forming a hearing board if one has been
negotiated under this paragraph.
(iv) If the law enforcement officer elects the alternative method,
that method shall be used to form the hearing board.
(v) An agency or exclusive collective bargaining representative may
not require a law enforcement officer to elect an alternative method of forming a
hearing board.
(vi) If the law enforcement officer has been offered summary
punishment, an alternative method of forming a hearing board may not be used.
(vii) [This] IF AUTHORIZED BY LOCAL LAW, THIS paragraph is [not]
subject to binding arbitration.
(d) (1) In connection with a disciplinary hearing, the chief or hearing board
may issue subpoenas to compel the attendance and testimony of witnesses and the
production of books, papers, records, and documents as relevant or necessary.
(2) The subpoenas may be served without cost in accordance with the
Maryland Rules that relate to service of process issued by a court.
(3) Each party may request the chief or hearing board to issue a
subpoena or order under this subtitle.
(4) In case of disobedience or refusal to obey a subpoena served under
this subsection, the chief or hearing board may apply without cost to the circuit court
of a county where the subpoenaed party resides or conducts business, for an order to
compel the attendance and testimony of the witness or the production of the books,
papers, records, and documents.
(5) On a finding that the attendance and testimony of the witness or the
production of the books, papers, records, and documents is relevant or necessary;
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- 1463 -
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