Md. Code Regs. 12.04.09.06

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

Section 12.04.09.06 - Law Enforcement Agency Investigation

A. Complaints Eligible for Mediation.

(1) Complaints from the public that meet the eligibility requirements for the mediation process established by regulation pursuant to Public Safety Article, § 3-207(d), Annotated Code of Maryland, may, subject to the agreement of the complainant, be handled outside of the formal PAB and ACC complaint process.

(2) Complaints from the public handled through mediation shall be:

(a) Tracked with other citizen complaints; and

(b) Reported to the PAB.

B. Complaints Not Eligible for Mediation. A law enforcement agency shall complete a thorough investigation upon receipt of a complaint of alleged police officer misconduct, which is not eligible for mediation, as prescribed pursuant to Public Safety Article, §§ 3-102 and 3-103, Annotated Code of Maryland.

C. Upon completion of an investigation involving a member of the public, the law enforcement agency shall forward to the ACC the investigative files for the matter and any agency head recommendations within 3 business days of the date the:

(1) Law enforcement agency completed its investigation and agency review; or

(2) Agency head of the law enforcement agency completes the agency review and issues a written recommendation regarding the imposition of discipline consideration by the ACC.

D. Recommendation by Agency Head of the Law Enforcement Agency.

(1) An agency head may include a written recommendation for the ACC to consider regarding the matter under investigation.

(2) The written recommendation may include an agency head's:

(a) Opinion regarding whether the police officer should be disciplined;

(b) Explanation of aggravating or mitigating factors or circumstances; and

(c) Recommendation for a remedial measure, if the ACC determines not to impose administrative charges against the police officer.

(3) If an agency head believes that discipline is warranted, based on the facts presented in the investigation, an agency head may make a specific recommendation for discipline in accordance with the Uniform State Disciplinary Matrix, as approved by the Police Training and Standards Commission under Public Safety Article, § 3-105, Annotated Code of Maryland.

Md. Code Regs. 12.04.09.06

Regulation .06 adopted effective 49:27 Md. R. 1111, eff. 1/9/2023