(2) ON REVIEW OF THE INTERNAL INVESTIGATIVE DIVISION REPORT
AND THE BOARD'S INVESTIGATIVE REPORT, IF ANY. OF EACH CASE, THE BOARD
SHALL RECOMMEND TO THE COMMISSIONER ONE OF THE FOLLOWING ACTIONS:

(I) SUSTAIN THE COMPLAINT AND MAY RECOMMEND THE
APPROPRIATE DISCIPLINARY ACTION AGAINST THE POLICE OFFICER;

(II) NOT SUSTAIN THE COMPLAINT;

(III) EXONERATE THE POLICE OFFICER; OR

(IV) FURTHER INVESTIGATION BY THE INTERNAL INVESTIGATIVE

DIVISION.

(D) THE BOARD SHALL SUBMIT A STATEMENT OF ITS FINDINGS AND
RECOMMENDATIONS" TO THE COMMISSIONER WITHIN 30 DAYS OF RECEIPT OF THE
INTERNAL INVESTIGATIVE DIVISION REPORT.

16-47.

ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT, REPORT, OR
COMPLAINT IN THE COURSE OF AN INVESTIGATION BY THE INTERNAL
INVESTIGATIVE DIVISION OR THE BOARD CONDUCTED UNDER THE PROVISIONS OF
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.

(A) 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
RECOMMENDATION OF THE BOARD UNDER § 16-46(C)(2) OF THIS SUBHEADING.

(B) IF A COMPLAINT IS NOT SUSTAINED OR THE POLICE OFFICER IS
EXONERATED, ON WRITTEN REQUEST BY THE POLICE OFFICER SENT TO THE BOARD,
THE BOARD SHALL EXPUNGE ALL RECORDS OF THE COMPLAINT.

16-49.

THE PROCEDURES ESTABLISHED UNDER THIS SUBHEADING MAY NOT BE
CONSTRUED TO ABROGATE ANY CONSTITUTIONAL, STATUTORY, OR COMMON LAW
RIGHT OF:

(1) A POLICE OFFICER AGAINST WHOM A COMPLAINT IS FILED; OR

(2) THE COMPLAINANTS, INVESTIGATORS, OR WITNESSES WHO
PARTICIPATE IN THE COMPLAINT PROCEDURE UNDER THIS SUBHEADING.

16-50.

THE PROCEDURES ESTABLISHED UNDER THIS SUBHEADING MAY NOT BE
CONSTRUED TO AFFECT OR CHANGE THE METHODS AND PROCEDURES FOR
SUSPENSION OR DISMISSAL OF POLICE OFFICERS.