Article V Police Accountability Board; Administrative Charging Committee

Hold quarterly meetings with the heads of LEAs, and otherwise work with LEAs and the County government to improve matters of policing;

Appoint two civilian members to the Talbot County Administrative Charging Committee and one civilian member to a trial board convened pursuant to Md. Code Ann., Public Safety § 3-106, as amended from time to time;

Receive complaints of police misconduct filed by members of the public;

On a quarterly basis, review outcomes of disciplinary matters considered by the Talbot County Administrative Charging Committee;

Work with LEAs and the County Council to:

Improve matters of policing by receiving complaints of police misconduct filed by the public; and

On or before December 31st of each year, submit a report to the County Council that identifies any trends in the disciplinary process of police officers in the County and makes recommendations on changes to policy that would improve police accountability in the County; and

(6)

Maintain confidentiality of all TCPAB matters related to individual complaints until final disposition and all appeals have been exhausted, with all members executing a written confidentiality agreement.

The County Council shall:

Establish the membership of the TCPAB, subject to the following criteria:

Members shall be at least 21 years of age and a citizen of the United States;

Members shall maintain their principal residence in the County;

Members shall not be an active police officer; and

To the extent practicable, the membership of the TCPAB shall reflect the racial, gender, and cultural diversity of the County.

Establish the TCPAB's budget and staff;

Appoint a Chairperson of the TCPAB who shall have relevant experience to the position and, to the extent practicable:

Be a retired sworn law enforcement officer who retired in good standing with at least 20 years of service in a LEA and was either the head of an LEA or in a command or supervisory position within an LEA; or

Be a retired attorney or judge; and

Appoint six additional members, consisting of, to the extent possible:

Two members from separate patrol areas of the Talbot County Sheriff's Office;

Two members from the incorporated town limits of the Town of Easton;

One member from the incorporated town limits of the Town of St. Michaels; and

One member from the incorporated town limits of the Town of Oxford.

(e)

To the extent practicable, the governing bodies of the Towns of Easton, St. Michaels, and Oxford may make recommendations to the County Council.

A complaint of police misconduct filed with the TCPAB need not be notarized, but shall include:

The name of the police officer accused of misconduct;

A description of the facts on which the complaint is based; and

§ 24-17 Administrative Charging Committee.

Contact information of the complainant or a person filing on behalf of the complainant for investigative follow-up.

A complaint of police misconduct filed with the TCPAB shall be forwarded to the appropriate LEA within three days after receipt by the TCPAB.

An individual may file a complaint of police misconduct with the LEA that employs the police officer who is the subject of the complaint. Such complaint shall include the information set forth in Subsection D above.

There shall be a Talbot County Administrative Charging Committee (the "TCACC") to serve countywide law enforcement agencies and local law enforcement agencies within Talbot County.

The TCACC shall be composed of:

The Chairperson of the TCPAB or another member thereof designated by the Chairperson;

Two civilian members selected by the TCPAB; and

Two civilian members selected by the County Council upon consideration of applications received in response to a public notice issued at least 30 days in advance of such selection. Such public notice shall be required for initial and renewal terms as well as for filling a vacancy.

Membership of the TCACC is subject to the following criteria:

Members shall be at least 21 years of age and a citizen of the United States;

Members shall maintain their principal residence in the County;

Members must be of good moral character and free from bias that would negatively impact the integrity of the TCACC;

To the extent practicable, the membership of the TCACC shall reflect the racial, gender, and cultural diversity of the County;

At the time of their appointment and for the duration of their term, members shall not:

Have an actual conflict of interest, as determined by the County Council;

Be under criminal investigation by any LEA;

Be currently charged with a crime that is pending before any court; or

Have been convicted of, or have received probation before judgment for, a felony or misdemeanor for which a sentence of imprisonment of one year or more could have been imposed; and

(6)

TCACC members have an ongoing and continuous obligation to immediately report to the Chairperson of the TCACC any event that may harm the public trust of the TCACC, including, but not limited to, the following:

Conflicts of interest;

Criminal charges;

Criminal investigations; and

Criminal convictions.

Before serving as a member of the TCACC, an individual shall complete training on matters relating to police procedures from the Maryland Police Training and Standards Commission and submit to a background investigation by the Talbot County Sheriff's Office or an independent investigative firm authorized by the County Council. Such background investigation shall include, but not be limited to, a review of the prospective member's social media presence. Background investigations shall be provided to the County Council.

Members of the TCACC are encouraged, but not required, to participate in a ride-along with a police officer from an LEA outside of the member's jurisdiction of residence on annual basis.

On completion of an investigation of a complaint made by a member of the public against a police officer, the LEA shall forward to the TCACC the investigatory files for the matter. The Chief of the LEA or the Sheriff, as applicable, may include a written recommendation, which the TCACC shall consider before making a final decision. Such written recommendation shall be noted in the TCACC's written decision issued pursuant to Subsection G(7) below.

The TCACC shall:

Appoint a Chairperson from among their membership, who shall perform the following duties:

Follow Robert's Rules of Order;

Establish a meeting schedule, with a minimum of one meeting per month, with meetings to be held in person or virtually via secure video connection;

Establish a written agenda for each meeting and send it to each member in advance thereof;

Call each meeting to order;

(e)

Coordinate the meeting in accord with the agenda;

(f)

Invite discussion among members before voting;

(g)

Invite motions, seconds, and votes from members;

(h)

Ensure that a record is kept of all TCACC business; and

(i)

Promptly report to the County Council any concern or event involving a TCACC member that may harm the public trust of the TCACC, including, but not limited to, the following:

[1]

Conflicts of interest;

[2]

Criminal charges;

[3]

Criminal investigations; and

[4]

Criminal convictions.

Review the findings of a LEA's investigation conducted and forwarded in accordance with Subsection F above;

Determine whether the police officer who is subject to investigation shall be administratively charged or not administratively charged; provided, however, that no officer may be administratively charged for conduct arising from an incident for which the officer had been previously disciplined or sanctioned;

If the police officer is charged, recommend discipline in accordance with the Disciplinary Matrix;

Review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;

(6)

Authorize a police officer called to appear before the TCACC to be accompanied by a representative;

(7)

Issue a written opinion that describes in detail its findings, determinations, and recommendations; and

(8)

Forward the written opinion to the Chief of the LEA or the Sheriff, as applicable, the police officer, and the complainant within five business days.

Decisions of the TCACC shall be made by a majority vote of the members in attendance. At least three members are required to establish a quorum. Each member shall cast one vote and shall not abstain unless that member has a potential conflict of interest, subject to the following:

The member with the potential conflict of interest shall proactively announce the existence of the potential conflict of interest prior to any discussion of the matter.

The other members shall discuss the details of the potential conflict of interest, and if the majority determines that the potential conflict is such that the subject member shall not be involved, then the subject member shall be excused from the meeting prior to any consideration of the matter and shall return only after voting on the matter has concluded.

In executing its duties in accordance with Subsection G above, the TCACC may:

Request information or action from the LEA that conducted the investigation, including requiring additional investigation and the issuance of subpoenas;

If the police officer is not administratively charged, make a determination that:

The allegations against the police officer are unfounded; or

The police officer is exonerated; and

Record, in writing, any failure of supervision that caused or contributed to a police officer's misconduct.

The TCACC shall establish a schedule so that it can make a determination in all pending matters within 30 days after an LEA completes its investigation. The TCACC shall issue a final determination and disposition of every matter within one year and one day after the initial filing of a complaint.

TCACC members shall maintain confidentiality relating to any matter being considered by the TCACC until final disposition and all appeals have been exhausted, with all members executing a written confidentiality agreement. The County shall assist the TCACC in establishing secure methods generally accepted and utilized by the County to electronically transmit documents, files, notes, and other records pertaining to an investigation.

Within 15 days after TCACC issues an administrative charge against a police officer, the Chief of the LEA or the Sheriff, as applicable, shall offer discipline to the police officer who has been administratively charged in accordance with the Disciplinary Matrix.

The Chief or Sheriff may offer the same discipline that was recommended by the TCACC or a higher degree of discipline within the applicable range of the Disciplinary Matrix, but may not deviate below the discipline recommended by the TCACC.

If the police officer accepts the Chief's or Sheriff's offer of discipline, then the offered discipline shall be imposed.

If the police officer does not accept the Chief's or Sheriff's offer of discipline, then the matter shall be referred to a trial board established pursuant to Md. Code Ann., Public Safety, § 3-106, as amended from time to time.

The Chief of the LEA or the Sheriff, as applicable, is authorized, in their sole discretion, to engage in settlement negotiations with a police officer or the police officer's representative, subject to the following:

Tentative settlements must be completed within 10 business days from the date the officer received the written recommendation issued by the TCACC.

If a tentative settlement is reached that proposes discipline below that set forth in the TCACC's written opinion, the Chief of the LEA or the Sheriff, as applicable, shall forward the tentative settlement to the TCACC for review within five business days of reaching the same.

Upon receipt of a tentative settlement agreement between an LEA and a police officer or the police officer's representative, the TCACC may:

Endorse the tentative settlement agreement and authorize the Chief of the LEA or the Sheriff, as applicable, to impose the discipline agreed upon; or

Reject the tentative settlement agreement and inform the agency head that the TCACC's determination set forth in its written opinion stands.

If the TCACC endorses the tentative settlement, the Chief of the LEA or the Sheriff, as applicable, shall impose the agreed upon discipline.

§ 24-18 Terms and conditions of service.

If the TCACC rejects the tentative settlement, the Chief of the LEA or the Sheriff, as applicable, shall offer the TCACC's discipline as set forth in its written opinion to the police officer. If the police officer accepts the offered discipline, then it shall be imposed. If the police officer does not accept the offered discipline, then the matter shall be referred to a trial board as set forth in Subsection O above.

Member(s) of the TCPAB and TCACC shall hold their position until their successor(s) are selected and qualified.

Members of the TCPAB and TCACC shall be subject to the provisions of Chapter 60 (Ethics) of the Talbot County Code, as amended from time to time applicable to nonelected officials.

Meetings of the TCPAB shall comply with the Maryland Open Meetings Act, Md. Code Ann., General Provisions § 3-101, et seq., as amended hereafter from time to time (the "OMA").

With regard to the TCPAB:

Except for the Chairperson and subject to Subsection D(3) below, members shall serve a term of four years. No member may serve more than two consecutive terms, including the Chairperson.

The Chairperson shall serve a term of five years and may serve consecutive terms.

Initial terms of members other than the Chairperson shall be staggered as follows:

Two members shall serve an initial term of four years;

Two members shall serve an initial term of three years; and

Two members shall serve an initial term of two years.

With regard to the TCACC:

Subject to Subsection E(2) below, members shall serve a term of two years and shall not be eligible for reappointment after three consecutive terms of service on the TCACC.

Initial terms of members shall be staggered as follows:

One civilian appointed by the TCPAB and one civilian selected by the County Council shall serve an initial term of one year; and

The three remaining members shall serve an initial term of two years.

§ 24-19 Resignation and removal.

Any member of the TCPAB or TCACC may resign at any time by providing written notice to the County Council.

In addition to the grounds set forth above, a member of the TCPAB or TCACC may be removed upon written notice in accordance with the following provisions:

The County Council may remove any member on its own initiative or based on recommendation of a majority vote of the TCPAB, when in its discretion, the best interest of the community or the County Council would not be served by continued membership.

The Chairperson shall notify the County Council if a member of the TCPAB or TCACC misses three scheduled meetings in any twelve-month period without an excused absence. The County Council shall then remove such member and replace that member with another duly qualified individual.

Any member of the TCPAB or TCACC shown to have violated the confidentiality provisions of § 24-16B(6) or 24-17K, respectively, of this article shall be immediately removed by the County Council and replaced with another duly qualified individual.

With respect to the TCACC, any member that is under criminal investigation by any LEA, currently charged with a crime that is pending before any court, or convicted of or receives probation before judgment for a felony or misdemeanor for which a sentence of one year or more could have been imposed shall report such conviction to the County Council along with that member's resignation. The County Council shall remove such member if that member fails to promptly resign and, in either event, replace such member with another duly qualified individual.

§ 24-20 Meeting and reporting.

The TCPAB shall meet no less than quarterly with heads of LEAs operating in the County to:

Discuss improvements that can be made to policing;

Appoint civilian members to charging committees and trial boards;

Receive complaints of police misconduct from the public in accordance with § 24-16E of this article; and

On a quarterly basis, review outcomes of disciplinary matters considered by the TCACC.

The TCPAB and the TCACC may meet in special meetings at the call of the Chairperson, or in the absence of the Chairperson, at the request of two-thirds of the members.

Matters considered at a special meeting are limited to the purpose and agenda contained in the notice of the meeting.

Adequate notice of all regular and special meetings shall be provided to all TCPAB/TCACC members, as applicable, and to the public in accordance with the OMA.

Any meeting of the TCPAB may be conducted by telephone or video conference call, provided that TCPAB members and the public are given at least three days' notice prior to the meeting and a telephone system is used with provisions for the public who may wish to observe the meeting to listen to the entirety of the meeting as it is occurring.

§ 24-21 Budget.

The County Council shall prepare a budget for the TCPAB that shall include:

An annual appropriation for studies and contracted services relevant to the mission of the TCPAB supported by grant assistance from the Governor's Office of Crime Prevention, Youth, and Victim Services; and

A stipend for members per meeting with a per annum maximum amount per member, as the County Council may deem appropriate;

The County Council shall approve a budget for the TCACC that shall include:

An annual appropriation for studies and contracted services relevant to the mission of the TCACC supported by grant assistance from the Governor's Office of Crime Prevention, Youth, and Victim Services; and

§ 24-22 Rules, recordkeeping, and support.

A stipend for members per meeting with a per annum maximum amount per member, as the County Council may deem appropriate.

Rules.

The TCPAB and the TCACC shall each adopt rules of procedure not inconsistent with this article or applicable state law.

A quorum shall consist of a majority of the voting members of the TCPAB or the TCACC, as applicable.

Each member of the TCPAB and TCACC shall have one vote. Any members serving on both the TCPAB and the TCACC shall have one vote in each body. The Chairperson is entitled to vote on any item unless precluded by operation of Chapter 60 (Ethics) of the Talbot County Code.

A tie vote for or against a motion means that a motion fails.

Recordkeeping.

The Custodian of Records for the TCPAB and the TCACC shall be the respective Chairpersons of each.

Records pertaining to any administrative investigation shall be deposited with and secured by the Talbot County Office of Law.

Records pertaining to any criminal investigation shall be deposited with and secured by the Office of the State's Attorney for Talbot County.

Support.

The Talbot County Department of Human Resources and the Talbot County Office of Law shall provide support personnel as may be required by the TCPAB and TCACC, subject to consultation with, and approval from, the County Manager.

The County Attorney shall provide legal support to the TCPAB. The TCACC may appoint its own attorney, within budgetary limitations and subject to approval by the County Council.