WILLIAM DONALD SCHAEFER, Governor

727.

(d) "Hearing board" means:

(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] PARAGRAPHS (2) AND (3) 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)(I) THE PROVISIONS OF THIS PARAGRAPH MAY NOT BE
THE SUBJECT OF BINDING ARBITRATION.------------------------------

(2)(I) (II) AN AGENCY OR AN AGENCY'S SUPERIOR
GOVERNMENTAL AUTHORITY THAT HAS RECOGNIZED OR CERTIFIED AN
EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE MAY NEGOTIATE WITH
THE EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE AN ALTERNATE
METHOD OF FORMING A HEARING BOARD.

(II) (III) A LAW ENFORCEMENT OFFICER MAY ELECT
THE ALTERNATE METHOD OF FORMING A HEARING BOARD INSTEAD OF THE
METHOD DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION IF THE LAW
ENFORCEMENT OFFICER WORKS WITHIN AN AGENCY DESCRIBED IN
SUBPARAGRAPH (I) (II) OF THIS PARAGRAPH AND THE LAW ENFORCEMENT
OFFICER IS INCLUDED IN THE COLLECTIVE BARGAINING UNIT.

(III) (IV) AN AGENCY DESCRIBED IN SUBPARAGRAPH
(I) (II) OF THIS PARAGRAPH SHALL NOTIFY THE LAW ENFORCEMENT
OFFICER IN WRITING BEFORE THE FORMATION OF THE HEARING BOARD THAT
THE LAW ENFORCEMENT OFFICER MAY ELECT AN ALTERNATE METHOD OF
FORMING A HEARING BOARD IF ONE HAS BEEN NEGOTIATED UNDER THIS
PARAGRAPH.

(IV) (V) IF THE LAW ENFORCEMENT OFFICER ELECTS
AN ALTERNATE METHOD OF FORMING A HEARING BOARD UNDER THIS
PARAGRAPH, THE ALTERNATE METHOD SHALL BE USED TO FORM THE HEARING
BOARD.

(V) (VI) AN AGENCY OR AN EXCLUSIVE COLLECTIVE
BARGAINING REPRESENTATIVE MAY NOT REQUIRE A LAW ENFORCEMENT
OFFICER TO ELECT AN ALTERNATE METHOD OF FORMING A HEARING BOARD
UNDER THIS PARAGRAPH.

(VI) (VII) IF THE LAW ENFORCEMENT OFFICER HAS
BEEN OFFERED SUMMARY PUNISHMENT, AN ALTERNATE METHOD OF FORMING A
HEARING BOARD MAY NOT BE USED.

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