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Ch. 290
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PARRIS N. GLENDENING, Governor
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(d) An explanation of the Board's complaint procedures shall be made to all
police officers in a general order to be included in the manual of rules and procedures
of [the Department] A LAW ENFORCEMENT UNIT, and shall be included in the
training program for new police officers.
16-46.
(a) (1) The Board shall review all complaints alleging police misconduct
described in § 16-42(a)(1) of this subheading.
(2) The Board may investigate, simultaneously with the internal
investigative division, each complaint it deems appropriate and report its findings to
the Internal Investigative Division.
(b) (1) The Board may issue a subpoena, signed by the chairman of the
Board, to compel:
(i) the attendance and testimony of a witness other than the
accused officer; and
(ii) the production of any book, record, or other document.
(2) If a person fails to comply with a subpoena issued under this
subsection, on petition of the board, a court of competent jurisdiction may compel
compliance with the subpoena.
(3) A police officer may submit a witness list to the board 10 days or
more before the Board takes testimony.
(4) The chairman or the secretary of the Board may administer oaths in
connection with any proceeding of the Board.
(5) The police officer or the police officer's representative shall have the
right to question witnesses who testify about the complaint.
(6) All witness testimony shall be recorded.
(c) (1) The Board shall review the internal investigative Division's report.
(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] HEAD OF THE APPROPRIATE LAW ENFORCEMENT UNIT 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.
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- 1697 -
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