Ch. 5

2003 LAWS OF MARYLAND

LAW ENFORCEMENT OFFICERS OF ANOTHER LAW ENFORCEMENT AGENCY WITH
THE APPROVAL OF THE CHIEF OF THE OTHER AGENCY; AND

(II) HAVE HAD NO PART IN THE INVESTIGATION OR
INTERROGATION OF THE LAW ENFORCEMENT OFFICER

(2)   AT LEAST ONE MEMBER OF THE HEARING BOARD SHALL BE OF THE
SAME RANK AS THE LAW ENFORCEMENT OFFICER AGAINST WHOM THE COMPLAINT
IS FILED.

(3)   (I) IF THE CHIEF IS THE LAW ENFORCEMENT OFFICER UNDER
INVESTIGATION, THE CHIEF OF ANOTHER LAW ENFORCEMENT AGENCY IN THE
STATE SHALL FUNCTION AS THE LAW ENFORCEMENT OFFICER OF THE SAME RANK
ON THE HEARING BOARD.

(II)  IF THE CHIEF OF A STATE LAW ENFORCEMENT AGENCY IS
UNDER INVESTIGATION, THE GOVERNOR SHALL APPOINT THE CHIEF OF ANOTHER
LAW ENFORCEMENT AGENCY TO FUNCTION AS THE LAW ENFORCEMENT OFFICER
OF THE SAME RANK ON THE HEARING BOARD.

(III)  IF THE CHIEF OF A LAW ENFORCEMENT AGENCY OF A COUNTY
OR MUNICIPAL CORPORATION IS UNDER INVESTIGATION, THE OFFICIAL
AUTHORIZED TO APPOINT THE CHIEF'S SUCCESSOR SHALL APPOINT THE CHIEF OF
ANOTHER LAW ENFORCEMENT AGENCY TO FUNCTION AS THE LAW ENFORCEMENT
OFFICER OF THE SAME RANK ON THE HEARING BOARD.

(IV)  IF THE CHIEF OF A STATE LAW ENFORCEMENT AGENCY OR THE
CHIEF OF A LAW ENFORCEMENT AGENCY OF A COUNTY OR MUNICIPAL
CORPORATION IS UNDER INVESTIGATION, THE OFFICIAL AUTHORIZED TO APPOINT
THE CHIEF'S SUCCESSOR, OR THAT OFFICIAL'S DESIGNEE, SHALL FUNCTION AS THE
CHIEF FOR PURPOSES OF THIS SUBTITLE.

(4)   (I) A LAW ENFORCEMENT AGENCY OR THE AGENCY'S SUPERIOR
GOVERNMENTAL AUTHORITY THAT HAS RECOGNIZED AND CERTIFIED AN
EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE MAY NEGOTIATE WITH THE
REPRESENTATIVE AN ALTERNATIVE METHOD OF FORMING A HEARING BOARD.

(II)  A LAW ENFORCEMENT OFFICER MAY ELECT THE ALTERNATIVE
METHOD OF FORMING A HEARING BOARD IF:

1.   THE LAW ENFORCEMENT OFFICER WORKS IN A LAW
ENFORCEMENT AGENCY DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH;
AND

2.   THE LAW ENFORCEMENT OFFICER IS INCLUDED IN THE
COLLECTIVE BARGAINING UNIT.

(III)  THE LAW ENFORCEMENT AGENCY SHALL NOTIFY THE LAW
ENFORCEMENT OFFICER IN WRITING BEFORE A HEARING BOARD IS FORMED THAT
THE LAW ENFORCEMENT OFFICER MAY ELECT AN ALTERNATIVE METHOD OF
FORMING A HEARING BOARD IF ONE HAS BEEN NEGOTIATED UNDER THIS
PARAGRAPH.

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