[Adopted by Bill No. 22-018]
A. 
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVELY CHARGED
A police officer has been formally accused of misconduct in an administrative proceeding.
CONFLICT OF INTEREST
A real or seeming incompatibility between one's private interest and one's official responsibilities in a position of trust.
DISCIPLINARY MATRIX
A written, consistent, progressive and transparent tool or rubric that provides ranges of disciplinary actions for different types of conduct.
GOOD MORAL CHARACTER
The possession of honesty and truthfulness, trustworthiness and reliability and a professional commitment to the legal process and the administration of justice, as well as the condition of being regarded as possessing such qualities.
LAW ENFORCEMENT AGENCY
Has the meaning stated in § 3-201 of the Public Safety Article of the Annotated Code of Maryland.
NOT ADMINISTRATIVELY CHARGED
A determination has been made not to administratively charge a police officer in connection with alleged misconduct.
POLICE MISCONDUCT
A pattern, a practice or conduct by a police officer or law enforcement agency that includes:
(1) 
Depriving persons of rights protected by the Constitution or laws of the State of Maryland or the United States;
(2) 
A violation of a criminal statute; and
(3) 
A violation of law enforcement agency standards and policies.
POLICE OFFICER
Has the meaning stated in § 3-201 of the Public Safety Article of the Annotated Code of Maryland.
A. 
There is established a Harford County Administrative Charging Committee as required under Title 3 of the Public Safety Article of the Annotated Code of Maryland.
B. 
At least 30 calendar days in advance of appointment, the County Executive shall post a public notice to invite persons to apply to serve on the Committee. Public notice shall be posted prior to initial appointments and any successive term or vacancy of a member.
C. 
The Committee shall be composed of the following members:
(1) 
The Chair of the Harford County Police Accountability Board or another member of the Accountability Board designated by the Chair of the Accountability Board.
(2) 
Two civilian members selected by the Police Accountability Board.
(3) 
Two civilian members selected by the County Executive.
D. 
To be eligible to serve on the Committee an individual shall:
(1) 
Be 21 years of age or older;
(2) 
Be a legal resident or citizen of the United States;
(3) 
Be of good moral character and free from bias that would negatively impact the integrity of the Committee;
(4) 
Be a resident of the County;
(5) 
Successfully complete the Maryland Police Training and Standards Commission required training before serving on the Committee; and
(6) 
To the extent practicable, the membership of the Committee shall reflect the racial, gender and cultural diversity of the County.
E. 
The following individuals shall not be eligible to serve on the Committee:
(1) 
An individual who has an actual conflict of interest, as determined by the County Executive.
(2) 
An individual under criminal investigation by any law enforcement agency.
(3) 
An individual currently charged with a crime that is pending before any court.
(4) 
An individual who has been convicted of, or received probation before judgement for, a felony or misdemeanor for which a sentence of imprisonment for 1 year or more could have been imposed.
F. 
Prospective members of the Committee must submit to a background investigation which shall include, but not be limited to, a review of the applicant's social media presence.
G. 
Members have an ongoing and continuous obligation to immediately report in writing to the Chair of the Administrative Charging Committee any event that may harm the public trust of the Administrative Charging Committee. Such events include, but are not limited to:
(1) 
Conflicts of interest;
(2) 
Criminal charges;
(3) 
Criminal investigations; and
(4) 
Criminal convictions.
H. 
Subject to Subsection I below, the term for members of the Committee shall be 2 years.
I. 
Initial term of 1 member selected by the Harford County Police Accountability Board and 1 member selected by the County Executive shall serve for 1 year and the 3 remaining members shall serve 2-year terms.
J. 
Members may serve for no more than 3 consecutive terms.
K. 
If the County Executive removes a member prior to the end of the member's term, the County Executive shall notify the member and the Chair of the Committee in writing.
L. 
Any member who fails to maintain the confidentiality of all Committee matters shall be removed immediately from the Committee by the County Executive. A member of the Committee who also serves as a member of the Harford County Police Accountability Board shall not disclose any information received as a member of the Committee to the members of the Police Accountability Board.
M. 
A member may resign from the Committee at any time by notifying the County Executive and Chair in writing.
N. 
The members of the Committee shall select the Chair who shall follow Robert's Rules of Order and shall:
(1) 
Establish the meeting schedule, with a minimum of 1 meeting per month;
(2) 
Establish a written agenda for each meeting and send it to each member in advance of each meeting;
(3) 
Call each meeting to order;
(4) 
Coordinate the meeting in accord with the agenda;
(5) 
Invite discussion among members before voting;
(6) 
Invite motions, seconds and votes from members;
(7) 
Ensure that a record is kept of all business of the Committee;
(8) 
Promptly report to the County Executive in writing any concern or event involving a member that may harm the public trust of the Committee. Such events include, but are not limited to:
(a) 
Conflict of interest;
(b) 
Criminal charges;
(c) 
Criminal investigations; and
(d) 
Criminal convictions.
A. 
The Open Meetings Act[1] does not apply to meetings of the Committee, and meetings are not open to the public.
[1]
Editor's Note: See § 3-101 et seq. of the General Provisions Article of the Annotated Code of Maryland.
B. 
The Committee shall meet once per month, or as needed.
C. 
Subject to Subsection D below, the Committee shall establish a schedule that provides for a determination for all matters pending before the Committee to be determined within 30 calendar days after the appropriate law enforcement agency completes its investigation.
D. 
The Committee shall issue a final determination and disposition of every matter within 1 year and 1 day after the initial filing of a complaint by a citizen.
E. 
To maintain confidentiality the County shall ensure that the Committee utilizes secure methods to electronically transmit documents, files, notes and any other communications pertaining to an investigation.
F. 
Three members constitutes a quorum for the conduct of business.
G. 
Meetings may be conducted either in person or remotely via secure video connection.
H. 
As needed, the County Attorney shall retain special legal counsel to serve as counsel to the Committee.
I. 
The members of the Committee shall be reimbursed for necessary expenses incurred in the performance of their duties.
A. 
The Committee shall review the investigative files submitted by the appropriate law enforcement agency and make a determination regarding administrative charging in accordance with the Public Safety Article of the Annotated Code of Maryland.
B. 
If the law enforcement agency included a written recommendation with the investigation file, the Committee shall consider the recommendation before making a final decision.
C. 
The Committee shall note their consideration of the law enforcement agency's recommendation in the Committee's written decision.
D. 
Decisions of the Committee shall be made by a majority vote of the members in attendance.
E. 
Each member shall cast 1 vote and shall not abstain unless the member has a conflict of interest.
F. 
A member with a potential conflict of interest must announce and provide written notice of the existence of a potential conflict of interest prior to any discussion of the pending matter.
G. 
If a member announces a potential conflict of interest, the remaining members shall discuss the details of the potential conflict of interest and if a majority determine that a conflict exists, the member with the conflict shall be excused from the meeting prior to any consideration of the matter that is the subject of the conflict. The excused member may return to the meeting after consideration of the matter is completed.
H. 
The Committee shall review any body camera footage relevant to the matter covered in the complaint.
I. 
On completion of the investigation by the appropriate law enforcement agency, the Committee shall review the investigation and determine whether the officer shall be administratively charged or not administratively charged.
J. 
If the Committee determines that administrative charges shall be filed, the Committee shall make a disciplinary recommendation in accordance with the Uniform State Disciplinary Matrix developed by the Maryland Police Training and Standards Commission.
K. 
The Committee shall authorize a police officer called to appear before the Committee to be accompanied by a representative.
L. 
In executing its duties, the Committee may:
(1) 
Request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation and the issuance of subpoenas;
(2) 
If the police officer is not administratively charged, make a determination that:
(a) 
The allegations against the police officer are unfounded; or
(b) 
The police officer is exonerated; and
(3) 
Record, in writing, any failure of supervision that caused or contributed to the police officer's misconduct.
M. 
The Committee shall not administratively charge a police officer for conduct arising from an incident for which the officer has been previously disciplined or sanctioned.
N. 
The Committee shall issue a written decision that describes in detail its findings, determination and recommendations.
O. 
The Committee shall forward a copy of the written opinion to the head of the appropriate law enforcement agency, the police officer and the complainant within 5 days of rendering its decision.
P. 
If the head of the appropriate law enforcement agency offers the same discipline recommended by the Committee or a degree of discipline higher than that recommended by the Committee and the officer accepts the discipline offered, the matter is deemed settled and final and no further action by the Committee is required.
Q. 
If the head of the appropriate law enforcement agency reaches a tentative settlement agreement with the police officer as permitted under COMAR, the head of the law enforcement agency shall forward the settlement agreement to the Committee within 5 days of reaching the agreement. Once the Committee receives a settlement agreement, the Committee shall:
(1) 
Endorse the proposed settlement agreement and authorize the head of the law enforcement agency to impose the agreed upon discipline; or
(2) 
Reject the proposed settlement agreement and inform the head of the law enforcement agency that the Committee's original discipline determination stands.
R. 
If the Committee endorses the settlement agreement, the head of the law enforcement agency shall impose the agreed upon discipline.
S. 
Settlement negotiations do not extend or otherwise alter the time frames stated under § 9-141D.