Md. Code Regs. 12.04.09.04

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.04.09.04 - State Administrative Charging Committee and Local Administrative Charging Committees

A. Consistent with provisions established in Public Safety Article, § 3-104, Annotated Code of Maryland, an ACC jurisdiction shall:

(1) Have one ACC to serve law enforcement agencies within its ACC jurisdiction; and

(2) Develop written procedures for processing police officer misconduct complaints involving members of the public.

B. A law enforcement agency shall establish written procedures for handling complaints of police officer misconduct that do not involve members of the public.

C. Public Invitation to Apply for ACC.

(1) At least 30 days prior to selecting a member, an ACC jurisdiction shall publicly invite individuals to apply for an appointment to a membership vacancy on the ACC.

(2) An ACC jurisdiction shall, at minimum, publicly announce on its website an ACC appointment prior to the member's initial term, successive term, or expiration of term.

D. ACC Membership Eligibility.

(1) To the extent permitted by law, an ACC jurisdiction may limit its membership eligibility by requiring, for example, a member to be:

(a) At least 21 years old;

(b) A legal resident or citizen of the United States of America;

(c) A resident of the jurisdiction the ACC serves;

(d) Of good moral character; and

(e) Free from bias that may negatively impact the integrity of the ACC.

(2) If permitted by law, an ACC jurisdiction may exclude an individual from appointment to its ACC for ethical and public trust-related reasons consistent with the ACC's business needs. An ACC jurisdiction's reasons for exclusion may include, but are not limited to:

(a) An individual has a demonstrable conflict of interest, as determined by the ACC jurisdiction;

(b) An individual is under criminal investigation by a law enforcement agency;

(c) An individual is charged with a crime pending before a court; or

(d) An individual has been convicted of, or has received probation before judgement for a felony or misdemeanor for which a sentence for 1 or more years could have been imposed.

E. ACC Membership Requirements.

(1) To the extent consistent with Public Safety Article, § 3-104, Annotated Code of Maryland, an ACC jurisdiction may require as a condition of its membership that an individual applying to be an ACC member:

(a) Submit to a background investigation with the law enforcement agency or investigative firm chosen by the ACC jurisdiction to which the individual has applied;

(b) Successfully complete the Police Training and Standards Commission's required training before serving as a member; and

(c) Sign an agreement to maintain the confidentiality of matters and information considered by the ACC until final disposition.

(2) Background Investigation.

(a) To the extent permitted by law, an ACC jurisdiction may authorize a background investigation to determine if an individual applying to be an ACC member is:

(i) Of good moral character; and

(ii) Unencumbered by conflicts of interest.

(b) An ACC jurisdiction shall ensure that a background investigation includes, but is not limited to:

(i) An examination of publicly available records; and

(ii) A review of the individual's presence on social media websites, applications, and platforms.

(c) The law enforcement agency or firm conducting the background investigation shall report the results in writing to the ACC jurisdiction that made the request.

F. Grounds for Refusal of an Appointment to the ACC. If permitted by law, an ACC jurisdiction may refuse to appoint an individual to serve as a member, if the individual:

(1) Does not meet the eligibility requirements imposed by the ACC jurisdiction under §D of this regulation;

(2) Does not agree to the membership requirements imposed by the ACC jurisdiction under §E(1) of this regulation; or

(3) Is determined to be unsuitable for membership by the ACC jurisdiction based on the results of the background investigation.

G. Self-Reporting of Adverse Events.

(1) A member has an ongoing and continuous obligation to report immediately to the chairman of the ACC any event that may harm the public trust of the ACC.

(2) Adverse events include, but are not limited to:

(a) Conflicts of interest;

(b) Criminal charges;

(c) Criminal investigations; and

(d) Criminal convictions.

H. Terms of Appointment.

(1) Subject to §H(2) of this regulation, and to the extent such limitations are permitted by law, the term for each appointed ACC member may be limited to a specified period of time.

(2) In order to maintain the continuity of ACC operations, an ACC jurisdiction may, during its establishment of an ACC, stagger its members' initial terms of appointment.

(3) To the extent permitted by law, an ACC jurisdiction may impose term limits for appointment to an ACC.

(4) Removal or Resignation of an ACC Member.

(a) If an ACC jurisdiction decides to remove a member from the ACC prior to the end of the member's term, the ACC jurisdiction shall provide written notification of the decision to the member and the ACC's chairman.

(b) An ACC jurisdiction shall immediately remove a member who fails to maintain confidentiality as established under §E of this regulation.

(c) A member may resign from an ACC at any time by providing written notification to the ACC jurisdiction and the ACC chairman.

I. Election of an ACC Chairman.

(1) The members shall choose a chairman from their membership.

(2) A chairman shall follow Robert's Rules of Order.

(3) A chairman's responsibilities include:

(a) Establishing the meeting schedule, with a minimum of one meeting per month;

(b) Establishing a written agenda for each meeting for dissemination to the members in advance of each meeting;

(c) Calling a meeting to order;

(d) Coordinating a meeting in accordance with the agenda;

(e) Inviting discussion among members before voting;

(f) Inviting motions, seconds, and votes from members;

(g) Ensuring that a record of all business conducted by the ACC is kept; and

(h) Promptly reporting to the ACC jurisdiction any concerns or adverse events as established under §G(2) of this regulation.

Md. Code Regs. 12.04.09.04

Regulation .04 adopted effective 49:27 Md. R. 1111, eff. 1/9/2023