|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR., Governor Ch. 25]
(2) In connection with a disciplinary hearing, the chief or a hearing
board may administer oaths.
(i) (1) Witness fees and mileage, if claimed, shall be allowed the same as for
testimony in a circuit court.
(2) Witness fees, mileage, and the actual expenses necessarily incurred
in securing the attendance of witnesses and their testimony shall be itemized and
paid by the law enforcement agency.
(j) An official record, including testimony and exhibits, shall be kept of the
hearing.
3-108.
(a) (1) A decision, order, or action taken as a result of a hearing under §
3-107 of this subtitle shall be in writing and accompanied by findings of fact.
(2) The findings of fact shall consist of a concise statement on each issue
in the case.
(3) A finding of not guilty terminates the action.
(4) If the hearing board makes a finding of guilt, the hearing board shall:
(i) reconvene the hearing;
(ii) receive evidence; and
(iii) consider the law enforcement officer's past job performance and
other relevant information as factors before making recommendations to the chief.
(5) A copy of the decision or order, findings of fact, conclusions, and
written recommendations for action shall be delivered or mailed promptly to:
(i) the law enforcement officer or the law enforcement officer's
counsel or representative of record; and
(ii) the chief.
(b) (1) After a disciplinary hearing and a finding of guilt, the hearing board
may recommend the penalty it considers appropriate under the circumstances,
including demotion, dismissal, transfer, loss of pay, reassignment, or other similar
action that is considered punitive.
(2) The recommendation of a penalty shall be in writing.
(c) (1) Notwithstanding any other provision of this subtitle, the decision of
the hearing board as to findings of fact and any penalty is final if:
(i) a chief is an eyewitness to the incident under investigation; or
(ii) a law enforcement agency or the agency's superior
governmental authority has agreed with an exclusive collective bargaining
representative recognized or certified under applicable law that the decision is final.
- 1465 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
