(2) ON REVIEW OF THE INTERNAL INVESTIGATION DIVISION'S AND THE
BOARD'S INVESTIGATIVE REPORT, IF ANY, OF EACH CASE, THE BOARD SHALL MAKE
ANY ONE OF THE FOLLOWING RECOMMENDATIONS:

(I) SUSTAIN THE COMPLAINT AND RECOMMEND THE
APPROPRIATE DISCIPLINARY ACTION AGAINST THE POLICE PERSONNEL:

(II) NOT SUSTAIN THE COMPLAINT BECAUSE OF LACK OR
INSUFFICIENCY OF EVIDENCE;

(III) EXONERATE THE POLICE PERSONNEL BECAUSE OF THE
COMPLAINANTS FAILURE TO PROVE THE CASE BY A PREPONDERANCE OF EVIDENCE;

(IV) REMAND THE CASE TO THE INTERNAL INVESTIGATION
DIVISION FOR FURTHER INVESTIGATION; OR

(V) REFER THE CASE TO THE MARYLAND STATE POLICE.

(D) THE BOARD SHALL SUBMIT A STATEMENT OF ITS RECOMMENDATIONS TO
THE POLICE COMMISSIONER WITHIN 30 DAYS OF RECEIPT OF THE INTERNAL
INVESTIGATION DIVISION'S REPORT.

16-47.

ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT, REPORT, OR
COMPLAINT IN THE COURSE OF AN INVESTIGATION BY THE INTERNAL
INVESTIGATION DIVISION OR THE BOARD CONDUCTED UNDER THIS SUBHEADING IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT
EXCEEDING $500 OR IMPRISONMENT NOT EXCEEDING 6 MONTHS OR BOTH.

16-48.

THE COMMISSIONER HAS FINAL DECISION MAKING RESPONSIBILITY FOR THE
APPROPRIATE DISCIPLINARY ACTION IN EACH CASE, BUT THE COMMISSIONER MAY
NOT TAKE FINAL ACTION UNTIL THE COMMISSIONER HAS REVIEWED THE
RECOMMENDATIONS OF THE BOARD UNDER § 16-46(C)(2) OF THIS SUBHEADING.

16-49.

NOTHING IN THIS SUBHEADING 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.

16-50.

THIS PROCEDURE MAY NOT BE CONSTRUED TO AFFECT OR CHANGE THE
METHODS AND PROCEDURES FOR SUSPENSION OR DISMISSAL OF MEMBERS OF THE
DEPARTMENT.

16-51.

POLICE PERSONNEL MAY NOT BE PENALIZED OR AFFECTED ADVERSELY IN ANY
WAY AS A RESULT OF THE PROCEDURE SET FORTH IN THIS SUBHEADING WITHOUT