(d) The Secretary of the POLICE REVIEW Board shall assign a consecutive
number to each complaint and within 48 hours, shall mail a copy to each member of
the POLICE REVIEW Board. The Secretary shall also maintain on file a record of each
complaint.
(E) THE POLICE REVIEW BOARD SHALL REVIEW ALL COMPLAINTS ALLEGING
POLICE MISCONDUCT.
[(e) The Internal Investigation Division shall make a comprehensive
investigation of each complaint and submit its report thereof to the Board within 90
days from the date of the complaint.
(f) The Board shall review the Internal Investigation Division's report and
submit in writing to the Police Commissioner within 30 days from receipt thereof a
statement of its findings and recommendations as provided under Section 16-43(b).
The Police Commissioner shall, within 30 days of his receipt of the findings and
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] ABUSIVE 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 case 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.
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