Md. Code Regs. 12.04.09.07

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

Section 12.04.09.07 - ACC Deliberation and Determination

A. Deliberation.

(1) When reviewing an investigative file responsive to a complaint of alleged police officer misconduct, an ACC shall:

(a) Conform to the procedures established in Public Safety Article, § 3-104(e), Annotated Code of Maryland; and

(b) If applicable, read and consider an agency head's written recommendation before making a determination, and note the ACC's consideration in the ACC's written recommendation.

(2) An ACC, in the performance of its duties under Public Safety Article, § 3-104(f)(1), Annotated Code of Maryland, may request additional information from an investigation by the law enforcement agency that conducted the initial investigation.

(3) Conflict of Interest.

(a) An ACC member shall abstain from participation in the review, deliberation, voting, and determination of whether to impose administrative charges against a police officer if the ACC member has a specific conflict of interest related to either the police officer under investigation or the complainant.

(b) An ACC member with a potential conflict of interest shall announce the existence of the potential conflict of interest prior to any receipt of the materials contained in the investigative file or any deliberations of the complaint.

(c) If an ACC member becomes aware of a potential conflict of interest after receiving a copy of the investigative file or beginning deliberation, the ACC member shall immediately announce the existence of a potential conflict of interest to the other members of the ACC.

(d) ACC members shall discuss the details of the potential conflict of interest, and if the majority determines that the conflict is such that the affected member should not be involved, that member shall be excused from the meeting prior to any consideration of the matter and shall return only after voting on the matter has concluded.

B. Determination.

(1) Following deliberation of the investigative file, interviews, body camera footage, and other available materials, an ACC determination shall be made by a majority vote of the members in attendance.

(2) Each ACC member shall cast one vote and may not abstain unless prohibited from participating in accordance with §A(3) of this regulation.

(3) If an ACC makes a determination that administrative charges should be filed, the ACC shall make a recommendation in accordance with the Uniform State Disciplinary Matrix established under Public Safety Article, § 3-105, Annotated Code of Maryland.

(4) An ACC may not administratively charge a police officer for conduct for which the police officer has previously been disciplined or sanctioned.

(5) Within 5 business days of the completed deliberations and vote, an ACC shall forward a written opinion and charging recommendation to the agency head, the police officer, and the complainant.

C. Law Enforcement Agency Receipt of Written Opinion.

(1) Upon receipt of an ACC's administrative charging document and written opinion detailing the findings, determinations, and recommendations, the agency head of the law enforcement agency shall perform the duties assigned under Public Safety Article, § 3-105(c), Annotated Code of Maryland.

(2) An agency head may offer the same discipline recommended by an ACC or a higher degree of discipline within the applicable range of the Uniform State Disciplinary Matrix but may not deviate below the ACC's recommendation.

(3) A police officer may:

(a) Accept the discipline as originally offered by an agency head; or

(b) Refuse the discipline as originally offered by an agency head and have the matter referred to a trial board.

Md. Code Regs. 12.04.09.07

Regulation .07 adopted effective 49:27 Md. R. 1111, eff. 1/9/2023