Md. Code Regs. 12.04.10.03

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

Section 12.04.10.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administrative Charging Committee (ACC)" has the meaning stated in Public Safety Article, 3-104, Annotated Code of Maryland.

(2) Aggravating Factor.

(a) "Aggravating factor" means conditions or events related to a police misconduct violation that may increase the seriousness of the violation and degree of penalty as specified in the Uniform State Disciplinary Matrix.

(b) "Aggravating factor" includes, but is not limited to, the following:

(i) A police officer's prior disciplinary history;

(ii) A police officer's prior negative work history, including non-disciplinary corrective action;

(iii) A police officer's rank;

(iv) A violation was committed willfully or for personal gain;

(v) A police officer's effort to conceal the violation, or to be untruthful or dishonest;

(vi) A police officer's failure to cooperate with an investigation into alleged misconduct;

(vii) A violation was retaliatory in nature;

(viii) A violation or behavior was motivated by bias against a member or group of protected class under Maryland's hate crimes law, as stated in Criminal Law Article, § 10-304, Annotated Code of Maryland or the Anti-Employment Discrimination law, as stated in State Government Article, § 20-602, Annotated Code of Maryland, or other state and federal hate crimes law;

(ix) The police officer's expressed unwillingness to comply with policy, tactics, or performance standards;

(x) The impact of the violation on the community or the law enforcement agency's ability to carry out its mission;

(xi) The degree to which the violation caused or could have caused the loss of life or injury; and

(xii) The degree to which the violation caused loss or damage to public or private property.

(3) "Formal written counseling (FWC)" means a written warning given to a police officer that outlines a police officer's misconduct and serves as the least severe form of discipline.

(4) "Law enforcement agency" has the meaning stated in Public Safety Article, § 3-201, Annotated Code of Maryland.

(5) "Letter of reprimand" means a formal letter given to a police officer detailing the wrongful action and detailing the required corrective action.

(6) "Loss of leave" means the removal of paid time off from a police officer's earned and accrued paid time off total.

(7) "Loss of pay" means the suspension from duty without pay.

(8) "Mediation" means a process in which parties in a dispute work with one or more impartial mediators who assist the parties in reaching a voluntary agreement for the resolution of a nonviolent dispute or conflict.

(9) Mitigating Factor.

(a) "Mitigating factor" means a condition or event related to a policy violation that may decrease the seriousness of the violation and degree of discipline.

(b) "Mitigating factor" includes, but is not limited to, the following:

(i) A police officer's actions are attributable to selfless concern for the wellbeing of others;

(ii) A police officer's lack of disciplinary history;

(iii) A police officer's complimentary work history;

(iv) A police officer's prior positive work history;

(v) A violation was the inadvertent result of reasonable, otherwise compliant performance;

(vi) A police officer's prompt acceptance of responsibility for the conduct and willingness to be held accountable;

(vii) A police officer's commission of the violation at the direction of a superior;

(viii) A police officer's exposure to unusually serious workplace tensions and stressors; and

(ix) The violation is attributable to limitations beyond the control of the police officer based on a physical or mental disability.

(10) "Penalty days" means either the forfeiture of vacation days or the imposition of suspension without pay for a specified period of time, or both. The number of hours that determines a day is based on the police officer's work schedule.

(11) "Police misconduct" has the meaning stated in Public Safety Article, § 3-101, Annotated Code of Maryland.

(12) "Police officer" has the meaning stated in Public Safety Article, § 3-201, Annotated Code of Maryland.

(13) "Remedial training" means training designed to correct the behavior of:

(a) A police officer who has failed to perform the police officer's duties with the skill, knowledge, and ability expected and required of an individual given the authority and responsibility to enforce the law; or

(b) A police officer who has demonstrated a need for additional training.

(14) "Sustained violation" means an investigation has revealed sufficient evidence to impose administrative charges against a police officer for a violation category established in Regulation .04 of this chapter.

(15) "Uniform State Disciplinary Matrix" has the meaning stated in Public Safety Article, § 3-101, Annotated Code of Maryland.

Md. Code Regs. 12.04.10.03

Regulation .03 adopted effective 49:27 Md. R. 1111, eff. 1/9/2023