Md. Code Regs. 12.04.11.08

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

Section 12.04.11.08 - Resolution

A. When the mediation process has concluded, the outcome shall be determined by the independent mediation provider to be:

(1) A successful resolution if all parties agree with the resolution; or

(2) An impasse if one or more parties to the complaint cannot agree to a satisfactory resolution.

B. An impasse shall be referred back to the law enforcement agency of the involved police officer for investigation and handled through the administrative complaint process set forth in COMAR 12.04.09.

C. A successful resolution shall be documented by the independent mediation provider in a written statement, signed by both parties and the mediator.

D. The mediator shall send a letter of conclusion to the referring law enforcement agency indicating the results of mediation.

E. Results of the mediation shall be tracked by the law enforcement agency and forwarded to the local police accountability board.

F. Complaint mediation statistics shall be included in the law enforcement agency's annual reporting of complaints involving the public, and the statistics shall include the:

(1) Total number of complaints handled through mediation;

(2) Number of successful resolutions; and

(3) Number of mediation impasses.

G. If the police officer fails to comply with the actions and deadlines identified in the mediation agreement, a new complaint shall be initiated and the actions of the original complaint of misconduct shall be considered as a potential aggravating factor.

Md. Code Regs. 12.04.11.08

Regulation .08 adopted effective 50:5 Md. R.173-204, eff. 3/20/2023