Md. Code Regs. 12.04.10.05

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

Section 12.04.10.05 - Process for Determining Discipline and Imposing Administrative Charges

A. Following a complaint of police officer misconduct the law enforcement agency conducting the investigation shall:

(1) Investigate the police officer's actions to determine if the action was a violation of law, regulation, the law enforcement agency's policy, or other form of police misconduct; and

(2) Include the information in the investigative file.

B. An ACC shall review the investigative file and, if applicable, an agency head's recommendation regarding the imposition of administrative charges in accordance with COMAR 12.04.09.

C. Following an ACC's review and deliberation, the ACC shall review the violation category definitions for the most appropriate violation category.

D. When determining the appropriate violation category, level, and disciplinary range, an ACC, agency head, or trial board may use the Uniform State Disciplinary Matrix violation examples posted on the Police Training and Standards Commission's website as a guide.

E. Factors Influencing the Determination to Recommend Administrative Charges and Impose Discipline.

(1) Mitigating and aggravating factors surrounding a sustained violation may increase or decrease the discipline.

(2) Factors considered within a disciplinary range shall stay with the specific violation category.

F. Multiple Count Adjustments. When multiple violations arise from the same incident:

(1) The violations may be consolidated into one form of discipline by:

(a) Selecting the most serious violation as a starting point within a violation category; and

(b) Weighing the other violations to determine whether and how much to increase the discipline with the selected violation category; or

(2) Each sustained misconduct violation may be considered separately for the purpose of determining discipline.

G. Prior Disciplinary Record.

(1) An ACC, agency head, or trial board shall consider a police officer's prior sustained disciplinary record when determining discipline for a new violation.

(2) When applicable, three or more sustained violations in the same category within a specified time period shall progress to the next violation category.

H. Deviation from the Uniform State Disciplinary Matrix.

(1) An ACC, agency head, or trial board may deviate from the use of the Uniform State Disciplinary Matrix only when required by court order, consent decree, or other superseding legal authority.

(2) The Uniform State Disciplinary Matrix does not impact a law enforcement agency's rights to maintain order and manage the affairs of a law enforcement agency in all aspects, including, but not limited to:

(a) Establishing standards of service;

(b) Transfer or assignment of a police officer;

(c) Establishing standards for performance and conduct; and

(d) Maintaining control and regulation of the use of government equipment and property.

I. Mediation Programs. 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.

J. The Uniform State Disciplinary Matrix and Special Circumstance Violations tables shall be maintained and published by the Maryland Police Training and Standards Commission on its public website.

Md. Code Regs. 12.04.10.05

Regulation .05 adopted effective 49:27 Md. R. 1111, eff. 1/9/2023