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Session Laws, 1999
Volume 796, Page 1807   View pdf image
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recommendations of the C.E.B. forward to the Board a statement of his disposition in
each case. Concurrent with this, the Police Commissioner will also forward a copy of
the Board's recommendation and the Police Commissioner's statement of disposition
to the complainant and respondent police personnel.]

[16-43.] 16-44.

(a) Jurisdiction of the POLICE REVIEW Board shall extend only to complaints
against police personnel with respect to [discourtesy] ABU
SIVE LANGUAGE,
HARASSMENT, and use of excessive force as defined IN § 16-41 AND by [Police]
Department rules and regulations.

(b) Upon review of [the investigative report of each case] EACH COMPLAINT,
the POLICE REVIEW Board shall make [forthwith] any one of the following four
[recommendations to the Police Commissioner] DETERMINATIONS:

(1) Sustain the complaint and [approve, disapprove or modify the

proposed Internal Investigation Division's] DECIDE THE APPROPRIATE

DISCIPLINARY action against the police personnel[.];

(2) Dismiss the complaint because of lack or insufficiency of evidence[.];

(3) Exonerate the police personnel because of the complainant's failure to
prove [his] THE ease by clear and convincing evidence[.]
; OR

(4) Remand the case for further investigation to the Internal
Investigation Division or to the Maryland State Police.

(e) (1) The POLICE REVIEW Board;

(I) [may] MAY request the complainant, witnesses, and the police
department personnel involved in a particular complaint to submit voluntarily to a
polygraph test or to appear voluntarily before the POLICE REVIEW Board; AND

(II) MAY ISSUE A SUBPOENA TO COMPEL THE ATTENDANCE AND
TESTIMONY OF A WITNESS OR THE PRODUCTION OF ANY BOOK, RECORD, OR OTHER
DOCUMENT.

(2) THE CHAIRMAN OR THE SECRETARY OF THE POLICE REVIEW BOARD
MAY ADMINISTER OATH
S IN CONNECTION WITH ANY PROCEEDING OF THE BOARD.

[16-44.] 16-45.

The Police [Commissioner] REVIEW BOARD has final decision-making
responsibility for the appropriate disciplinary action in each case, but no final action
may be taken until the recommendation of the Board has been reviewed.

[16-45.] 16-46.

Nothing contained in this article may abrogate any constitutional, statutory or
common law right of police personnel against whom a complaint is filed, nor of the
complainants, investigators or witnesses who participate in the complaint procedure.


 

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Session Laws, 1999
Volume 796, Page 1807   View pdf image
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