Md. Code Regs. 12.04.11.05

Current through Register Vol. 51, No. 26, December 27, 2024

Section 12.04.11.05 - Mediation Participation

A. Participant Requirements.

(1) Participation in a mediation program is voluntary and shall be agreed upon by the complainant, law enforcement agency, and police officer identified in the complaint.

(2) A complainant or police officer who is the subject of a complaint of police misconduct has the right to decline mediation.

(3) If a police officer who is the subject of a complaint declines the offer to mediate the complaint, the decision to not participate may not be considered during any disciplinary proceeding.

(4) A party to mediation shall sign a letter of consent to mediate as an alternative to the formal police misconduct complaint process, outlined in COMAR 12.04.09 and the uniform citizen complaint process.

B. Confidentiality.

(1) All parties involved in a potential mediation process shall agree to the confidentiality requirements as set forth in Courts and Judicial Proceedings Article, § 3-1803, Annotated Code of Maryland.

(2) Except as provided in Courts and Judicial Proceedings Article, § 3-1804, Annotated Code of Maryland, statements shared during a mediation are considered confidential material and may not be disclosed in any judicial, administrative, or other proceeding.

C. Costs associated with participating in a mediation program are the responsibility of the law enforcement agency employing the involved police officer.

Md. Code Regs. 12.04.11.05

Regulation .05 adopted effective 50:5 Md. R.173-204, eff. 3/20/2023