Police Accountability Board (PAB) Notes
In 1974 the General Assembly passed a Law Enforcement Officer Bill of Rights. Although this title may seem a bit misleading, the LEO Bill of Rights was created to address disparagement from one department to the next and streamline and regulate a system of disciplining law enforcement officers. The LEO Bill of Rights put everyone on the same page and allowed for due process and legal representation. It was a consistent way to discipline officers. The Bill of Rights protected officers and saw that they got equal justice and fair representation. The General Assembly just recently passed Senate Bill 670 which repeals the Law Enforcement Officers Bill of Rights as of 1 July 2022 and the Police Accountability Board will take its place. This bill was vetoed twice by Governor Hogan, but the General Assembly overrode his vetoes and passed the legislation through without the signature of the Governor.
The Police Accountability Board (PAB)
Beginning 1 July 2022, every county in the state of Maryland is to have a Police Accountability Board. This Board’s function is:
The local government’s responsibility concerning a PAB will be:
A complaint of police misconduct filed with the PAB will be forwarded to the appropriate law enforcement agency within 3 days. Complaints can also be filed with the law enforcement agency that employs the officer who is the subject of the complaint. A complaint of police misconduct filed with the PAB should include:
The Administrative Charging Committee
Each county is to have one Administrative Charging Committee to serve county and local law enforcement within the county. There should also be one statewide charging committee that will serve statewide and bi-county law enforcement. Before serving on these Boards, an individual should receive training on police procedures from the Maryland Police Training and Standards Commission.
The Administrative Charging Committee is composed of:
The statewide Administrative Charging Committee is composed of:
An Administrative Charging Committee shall:
Maryland Police Training and Standards Commission
The Maryland Police Training and Standard Commission will develop and adopt a model uniform disciplinary matrix for use by each law enforcement agency in the state. Each law enforcement agency will adopt the Uniform State Disciplinary Matrix. Within 15 days after an administrative charge against a police officer, the Chief will offer discipline to the officer according to the disciplinary matrix. The Chief may offer the same discipline as recommended by the Charging Committee or a higher degree, but may not go lower than the recommended discipline.
Trial Board
Each law enforcement agency will establish a trial board process to settle matters when a police officer is subject to discipline. If mutually agreed upon, a small agency can use the Trial Board process of another agency. Before serving as a Trial Board, each individual must receive training on matters relating to police procedures from Maryland Police Training and Standards Commission.
A Trial Board is composed of:
Shortcomings of the Bill 670
What are we currently asking for?
Time. Bill 670 puts the burden on each county to fulfill all of the above by 1 July 2022. These Boards may have a profound probability to ruin long-standing careers and destroy families and should not be taken lightly or rushed. Please let your senators and delegates know that you want more time to meet these mandates.
The Police Accountability Board (PAB)
Beginning 1 July 2022, every county in the state of Maryland is to have a Police Accountability Board. This Board’s function is:
- To hold quarterly meetings with law enforcement agencies and local government to improve matters of policing
- To appoint civilian members of the Charging Committee and Trial Board
- To receive complaints of police misconduct filed by the public
- Quarterly review of outcomes of disciplinary matters considered by the Charging Committee
- On or before 31 December of each year, submit a report to the county government that:
- Notes any trends in the disciplinary process in the county
- Makes recommendations on changes to policy that would improve police accountability
The local government’s responsibility concerning a PAB will be:
- Establish members of PAB
- Establish budget and staff for PAB
- Appoint Chair of the PAB who has “relevant experience to the position”
- Establish procedures of record keeping by PAB
- An active police officer can not be a member of a PAB
- To the extent practicable, the membership of a PAB shall “reflect the racial, gender and cultural diversity of the county”
A complaint of police misconduct filed with the PAB will be forwarded to the appropriate law enforcement agency within 3 days. Complaints can also be filed with the law enforcement agency that employs the officer who is the subject of the complaint. A complaint of police misconduct filed with the PAB should include:
- Name of police officer
- Description of facts on which the complaint is based
- Contact information of complainant or person filing on behalf of the complainant
The Administrative Charging Committee
Each county is to have one Administrative Charging Committee to serve county and local law enforcement within the county. There should also be one statewide charging committee that will serve statewide and bi-county law enforcement. Before serving on these Boards, an individual should receive training on police procedures from the Maryland Police Training and Standards Commission.
The Administrative Charging Committee is composed of:
- The Chair of the PAB
- Two civilian members elected by the PAB
- Two civilian members elected by the County Executive
The statewide Administrative Charging Committee is composed of:
- Three civilian members appointed by the Governor
- One civilian member appointed by the President of the Senate
- One civilian member appointed by the Speaker of the House
An Administrative Charging Committee shall:
- Review investigations that have been forwarded from a law enforcement agency
- Make a determination that the police officer who is subject to investigation will be:
- Administratively charged
- Recommend discipline in accordance with the law enforcement agency’s disciplinary matrix
- Review body camera footage that may be relevant to matters covered by the complaint
- Authorize a police officer called to appear before the Board to be accompanied by a representative
- Issue a written opinion that describes the Board’s findings, determinations and recommendation
- Forward the opinion the the Chief, the police officer and the complainant
- May request information or action from the investigating law enforcement agency including additional information or issuance of a subpoena
- Not administratively charged
- Allegations against the police officer are unfounded
- Police officer is exonerated
- Record in writing any failure of supervision that caused or contributed to a police officer’s misconduct
- Administratively charged
- Will meet once a month or as needed
- Shall maintain confidentiality relating to a matter until final disposition
Maryland Police Training and Standards Commission
The Maryland Police Training and Standard Commission will develop and adopt a model uniform disciplinary matrix for use by each law enforcement agency in the state. Each law enforcement agency will adopt the Uniform State Disciplinary Matrix. Within 15 days after an administrative charge against a police officer, the Chief will offer discipline to the officer according to the disciplinary matrix. The Chief may offer the same discipline as recommended by the Charging Committee or a higher degree, but may not go lower than the recommended discipline.
- If the police officer accepts the discipline, then that discipline is imposed
- If the police officer does not accept the discipline, then the matter is referred to a Trial Board. At least 30 days before the Trial Board hearing, the police officer will be:
- Provided a copy of the investigation record
- Notified of the charges against the police officer
- Notified of the disciplinary action being recommended
Trial Board
Each law enforcement agency will establish a trial board process to settle matters when a police officer is subject to discipline. If mutually agreed upon, a small agency can use the Trial Board process of another agency. Before serving as a Trial Board, each individual must receive training on matters relating to police procedures from Maryland Police Training and Standards Commission.
A Trial Board is composed of:
- An active/retired administrative law judge or a retired judge of the District or Circuit Court
- Appointed by the County Executive
- A civilian who is NOT a member of an Administrative Charging Committee
- Appointed by the PAB
- A police officer of equal rank to the accused police officer
- Appointed by the Chief
Shortcomings of the Bill 670
- There is currently no budget put aside to fund this legislation. Prince George’s County has estimated $1.2 million to satisfy this mandate, but AACo is not yet sure of it’s financial responsibility.
- There is no mention of financial compensation for those sitting on the Police Accountability Board, the Administrative Charging Committee or the Trial Board therefore it is assumed to be volunteer. Even if there is a stipend awarded to these positions, there would be considerable absences from normal jobs. AACo, on the average, sees about 40 complaints per year. Each complaint takes, on average, 30-40 hours to investigate. At best, this is a non-paid part time position.
- There is no training required for the PAB and the Charging Committee training is mentioned briefly. Knowledge of police procedure alone is not adequate to investigate and charge an officer. Specifics on training should be listed including, but not limited to policy, procedures, field work and time spent at each district as well as headquarters. A lot of what an officer does is experience and instinct.
- The legislation uses the term “police officer” whereas this legislation will cover ALL law enforcement including Sheriffs.
- Each board is politically driven without any members elected by the county residents or residents serving as a member-at-large.
- Training for these Boards should be extensive therefore requiring time away from jobs and family.
- The Maryland Police Training and Standards Commission is composed of active, high level officers that meet quarterly above their current work duties.They are responsible for a discipline matrix. This will take a considerable amount of time to compose and put through COMAR procedures.
- Maryland is the only state in the nation with a Police Accountability Board to manage complaints about law enforcement officers.
What are we currently asking for?
Time. Bill 670 puts the burden on each county to fulfill all of the above by 1 July 2022. These Boards may have a profound probability to ruin long-standing careers and destroy families and should not be taken lightly or rushed. Please let your senators and delegates know that you want more time to meet these mandates.