ROBERT L. EHRLICH, JR., Governor

Ch. 5

(2)      THE DECISION OF THE HEARING BOARD THEN MAY BE APPEALED IN
ACCORDANCE WITH § 3-109 OF THIS SUBTITLE.

(3)      PARAGRAPH (1)(II) OF THIS SUBSECTION IS NOT SUBJECT TO
BINDING ARBITRATION.

(D) REVIEW BY CHIEF AND FINAL ORDER

(1)      WITHIN 30 DAYS AFTER RECEIPT OF THE RECOMMENDATIONS OF
THE HEARING BOARD, THE CHIEF SHALL:

(I)      REVIEW         THE         FINDINGS,         CONCLUSIONS,         AND
RECOMMENDATIONS OF THE HEARING BOARD; AND

(II)     ISSUE A FINAL ORDER

(2)      THE FINAL ORDER AND DECISION OF THE CHIEF IS BINDING AND
THEN MAY BE APPEALED IN ACCORDANCE WITH § 3-109 OF THIS SUBTITLE.

(3)      THE RECOMMENDATION OF A PENALTY BY THE HEARING BOARD IS
NOT BINDING ON THE CHIEF.

(4)      THE CHIEF SHALL CONSIDER THE LAW ENFORCEMENT OFFICER'S
PAST JOB PERFORMANCE AS A FACTOR BEFORE IMPOSING A PENALTY.

(5)      THE CHIEF MAY INCREASE THE RECOMMENDED PENALTY OF THE
HEARING BOARD ONLY IF THE CHIEF PERSONALLY:

(I)      REVIEWS THE ENTIRE RECORD OF THE PROCEEDINGS OF THE
HEARING BOARD;

(II)     MEETS WITH THE LAW ENFORCEMENT OFFICER AND ALLOWS
THE LAW ENFORCEMENT OFFICER TO BE HEARD ON THE RECORD;

(III)    DISCLOSES AND PROVIDES IN WRITING TO THE LAW
ENFORCEMENT OFFICER, AT LEAST 10 DAYS BEFORE THE MEETING, ANY ORAL OR
WRITTEN COMMUNICATION NOT INCLUDED IN THE RECORD OF THE HEARING
BOARD ON WHICH THE DECISION TO CONSIDER INCREASING THE PENALTY IS
WHOLLY OR PARTLY BASED; AND

(IV)    STATES ON THE RECORD THE SUBSTANTIAL EVIDENCE RELIED
ON TO SUPPORT THE INCREASE OF THE RECOMMENDED PENALTY.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 731.

In subsections (b)(1) and (2), (c)(1), and (d)(3) of this section, the reference
to a "penalty" is substituted for the former reference to a "punishment" for
consistency throughout this section.

In subsection (d)(4) of this section, the reference to the "chief" is
substituted for the former reference to the "person who may take any
disciplinary action following any hearing in which there is a finding of
guilt" for specificity and to use the defined term.

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