HARRY HUGHES, Governor

2027

officer or to his attorney or representative of record and to the
chief. The person who may take any disciplinary action following
any hearing in which there is a finding of guilt shall consider
the law-enforcement officer's past job performance as a factor
before he imposes any penalty.

(b)  After the disciplinary hearing and a finding of guilt,
the hearing board may recommend punishment as it deems
appropriate under the circumstances, including but not limited to
demotion, dismissal, transfer, loss of pay, reassignment, or
other similar action which would be considered a punitive
measure.

(c)  The written recommendations as to punishment are not
binding upon the chief. Within 30 days of receipt of the hearing
board's recommendations, the chief shall review the findings,
conclusions, and recommendations of the hearing board and then he
shall issue his final order. The chief's final order and decision
is binding and may be appealed in accordance with this subtitle.
Before the chief may increase the recommended penalty of the
hearing board, he personally shall review the entire record of
the hearing board proceedings, shall permit the law-enforcement
officer to be heard and shall state the reason for increasing the
recommended penalty.

(d)  Notwithstanding any other provisions of this subtitle,
if a chief is an eyewitness to the incident under investigation,
the decision of the hearing board, both as to findings of fact
and punishment, if any, is final. The decision then may be
appealed in accordance with § 732 of this subtitle.

732.

Appeal from decisions rendered in accordance with § 731
shall be taken to the circuit court for the county pursuant to
Maryland Rule B2. Any party aggrieved by a decision of a court
under this subtitle may appeal to the Court of Special Appeals.

733.

A law-enforcement officer may not be discharged,
disciplined, demoted, or denied promotion, transfer, or
reassignment, or otherwise discriminated against in regard to his
employment or be threatened with any such treatment, by reason of
his exercise of or demand for the rights granted in this
subtitle, or by reason of the lawful exercise of his
constitutional rights.

734.

Any law-enforcement officer who is denied any right afforded
by this subtitle may apply at any time prior to the commencement
of the hearing before the hearing board, either individually or
through his certified or recognized employee organization, to the
circuit court of the circuit where he is regularly employed for