There shall be a Wicomico County Administrative Charging Committee to serve law enforcement agencies.
A. 
The Committee will be composed of:
(1) 
The Chair of Wicomico County's Police Accountability Board, or another member of the Wicomico County Accountability Board designated by the Chair.
(2) 
Two civilian members selected by the Wicomico County Police Accountability Board.
(3) 
Two civilian members selected by the County Executive and confirmed by the County Council.
B. 
Eligibility criteria.
(1) 
Each member must be 21 years of age, or older.
(2) 
Each member must be a legal resident or citizen of the United States and provide proof of legal residency or citizenship.
(3) 
Each member must sign an agreement to maintain confidentiality of all Wicomico County Administrative Charging Committee matters until final disposition and all appeals have been exhausted.
(4) 
Members must successfully complete the Police Training and Standards Commission required training before serving on the Wicomico County Administrative Charging Committee. Training shall include participating in a shoot/don't shoot simulator.
(5) 
Each member's principal residence must be in Wicomico County and provide proof of residency.
(6) 
Members must be of good moral character and free from bias that would negatively impact the integrity of the Wicomico County Administrative Charging Committee.
(7) 
Prospective members must submit to a background investigation by the Wicomico County Sheriff's Department. A background investigation shall include, but not limited to, a review of the applicant's social media presence. The results of the background investigation shall be submitted to the local governing body to share with the selecting or appointing authority.
(8) 
A Wicomico County Administrative Charging Committee member may not be reappointed before the eligibility criteria has been confirmed.
C. 
Neither the local governing body nor a selecting or appointing authority shall select or appoint any person to serve on the Wicomico County Administrative Charging Committee, and such person is not eligible to serve on the Wicomico County Administrative Charging Committee, if that person:
(1) 
Has an actual conflict of interest or an appearance of a conflict of interest, as determined by the local governing body;
(2) 
Is under criminal investigation by any law enforcement agency;
(3) 
Is currently charged with a crime that is pending before any court; or
(4) 
Has been convicted of, or has received probation before judgment for a felony or misdemeanor for which a sentence of imprisonment for one year or more could have been imposed.
D. 
Self-reporting. Members have an ongoing and continuous obligation to immediately report to the Chair of the Wicomico County Administrative Charging Committee any event that may harm the public trust of the Wicomico County 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.
E. 
Terms.
(1) 
Subject to Subsection E(3) below, the term for each member of the Wicomico County Administrative Charging Committee shall be two years.
(2) 
The term of a Wicomico County Administrative Charging Committee member shall be staggered such that the terms of two members shall end in one year, and the terms of three members end the following year.
(3) 
For the initial term following the establishment of the Wicomico County Administrative Charging Committee, one civilian selected by the Wicomico County Police Accountability Board and one civilian selected by the County Executive shall each serve a one-year term. The three remaining members shall serve two-year terms.
(4) 
Members may serve for no more than three consecutive terms.
F. 
Removal; resignation.
(1) 
If the County Executive decides that the removal of a member is necessary prior to the end of the member's term, the County Executive may immediately suspend the member until the County Council confirms or denies termination with a simple majority vote. Upon suspension, the County Executive must immediately inform both the member and the County Council, in writing, as to the reason for suspension and termination, and the Council has 30 days to confirm or deny the termination. If the County Council does not act within 30 days, the termination becomes effective.
(2) 
A member who fails to maintain confidentiality of all Wicomico County Administrative Charging Committee matters shall be removed from the Wicomico County Administrative Charging Committee immediately by the local governing body.
(3) 
Members may resign from a Wicomico County Administrative Charging Committee at any time by notifying the local governing body and the Chair of the Wicomico County Administrative Charging Committee in writing.
G. 
The County Executive shall submit a budget and oversee the staff of the Wicomico County Administrative Charging Committee.
H. 
The County Executive shall establish the procedures for recordkeeping by the Wicomico County Administrative Charging Committee.
A. 
The members of the Wicomico County Administrative Charging Committee shall choose a Chairperson from their membership.
B. 
The Chair shall follow Robert's Rules of Orders, and:
(1) 
Establish the meeting schedule, with a minimum of one 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 Wicomico County Administrative Charging Committee.
(8) 
Promptly report to the County Executive/local governing body any concern or event involving a member that may harm the public trust of the Wicomico County Administrative Charging Committee. Such events include but are not limited to:
(a) 
Conflicts of interest;
(b) 
Criminal charges;
(c) 
Criminal investigations; and
(d) 
Criminal convictions.
A. 
The Open Meetings Act does not apply to meetings of the Wicomico County Administrative Charging Committee, and they are not open to the public.
B. 
Subject to Subsection C below, each Wicomico County Administrative Charging Committee must establish a schedule so that they can make determinations in all pending matters within 30 days after an agency completes its investigation.
C. 
The Wicomico County Administrative Charging Committee must issue a determination and disposition of every matter within one year and one day after the initial filing of a complaint by a citizen.
D. 
In order to maintain confidentiality, Wicomico County shall ensure that the Wicomico County Administrative Charging Committee utilizes secure methods to electronically transmit files, notes, and all other documents pertaining to an investigation.
E. 
Quorum; manner of attendance.
(1) 
Three members must be in attendance before the Wicomico County Administrative Charging Committee may conduct business.
(2) 
Meetings shall be conducted either in person or remotely via secure video connection which shall be determined by the Chair.
(3) 
The Wicomico County Administrative Charging Committee may not adopt any rules or regulations outside of perfunctory clerical matters.
F. 
Law enforcement agency investigation.
(1) 
Complaints from the public that meet the eligibility requirements for a mediation program, under state law, may, subject to the agreement of the complainant, be handled outside of the complaint process articulated in this chapter.
(2) 
Complaints from the public handled through mediation will be tracked with other citizen complaints for accountability.
(3) 
Upon receipt of a complaint of alleged police misconduct from the Wicomico County Police Accountability Board or member of the public, the law enforcement agency shall complete a thorough investigation.
(4) 
The agency head may include a written recommendation for the Wicomico County Administrative Charging Committee to consider regarding the matter.
(a) 
The recommendation may include the agency head's opinion regarding:
[1] 
Whether or not the law enforcement officer should be disciplined;
[2] 
Aggravating or mitigating facts or circumstances;
[3] 
If appropriate, any recommended alternatives to discipline; and
[4] 
If the agency head feels that discipline is warranted, a specific recommendation for discipline in accordance with the Statewide Disciplinary Matrix, approved by the Police Training and Standards Commission.
(5) 
Upon completion of an investigation, the investigating agency shall forward the investigative files of the completed investigation to the Wicomico County Administrative Charging Committee within three business days after the later of:
(a) 
The completed agency review; or
(b) 
The agency head issuing a written recommendation for the Wicomico County Administrative Charging Committee to consider regarding the matter.
A. 
Deliberations. Upon receipt of the completed investigation from the investigating agency, the Committee then:
(1) 
Reviews the findings of a law enforcement agency's investigation.
(2) 
Reviews body camera footage or other audio/visual footage submitted with the investigative file that may be relevant to the matters covered in the complaint of misconduct.
(3) 
Authorizes a police officer called to appear before a charging committee to be accompanied by a representative.
(4) 
May request information or action from the law enforcement agency that conducted the investigation, such as requiring further investigation and the issuance of subpoenas.
(5) 
Shall review and make a determination or ask for further review within 30 days after completion of the investigating agency's review.
B. 
Voting.
(1) 
Decisions of the Wicomico County Administrative Charging Committee shall be made by majority vote of the members in attendance.
(2) 
Each member shall cast one vote and shall not abstain unless the member has a conflict of interest.
(a) 
The member with the potential conflict of interest must proactively announce the existence of the potential conflict of interest prior to any discussion of the matter.
(b) 
The members shall discuss the details of the potential conflict of interest and if the majority determines that the conflict (or the appearance of a conflict) is such that the member with the conflict should not be involved, that 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.
C. 
Recommendations.
(1) 
The Wicomico County Administrative Charging Committee makes a determination whether to administratively charge the officer. If the determination is that administrative charges should be filed, the discipline recommendation shall be in accordance with the Statewide Disciplinary Matrix.
(2) 
The Wicomico County Administrative Charging Committee shall not administratively charge an officer for conduct arising from an incident for which the officer has previously been disciplined or sanctioned or the Wicomico County Administrative Charging Committee has already made a determination whether to administratively charge.
(3) 
The Wicomico County Administrative Charging Committee shall issue a written opinion that describes in detail its findings, determinations, and recommendations. If the agency head submits a written recommendation, the Wicomico County Administrative Charging Committee shall consider the recommendation before making a final decision. The Wicomico County Administrative Charging Committee shall note its consideration of the agency head's written recommendation in the Wicomico County Administrative Charging Committee's written opinion.
(4) 
The Wicomico County Administrative Charging Committee shall forward the written opinion, within five business days of its completion, to the agency head, the police officer, and complainant.
(5) 
If the officer is not charged, the Wicomico County Administrative Charging Committee makes a determination that the allegations are "unfounded" or the officer is "exonerated."
(6) 
If an officer is exonerated, the Wicomico County Administrative Charging Committee shall record, in writing, any failure of supervision that caused or contributed to a police officer's misconduct.
(7) 
Each member must maintain confidentiality relating to a matter being considered until the final disposition of the matter and all appeals have been exhausted.
D. 
Within 15 days after an Administrative Charging Committee issues an administrative charge against a police officer, the Chief of the law enforcement agency shall offer discipline to the police officer who has been administratively charged in accordance with the Disciplinary Matrix.
A. 
An agency head is authorized, at their sole discretion, to engage in settlement negotiations with a police officer or the officer's representative.
B. 
Tentative settlements must be completed within 10 business days from the date the officer received the written recommendation issued by the Wicomico County Administrative Charging Committee.
C. 
If a tentative settlement agreement is reached that proposes discipline below that recommended by the Wicomico County Administrative Charging Committee, the agency head shall forward the tentative agreement to the Wicomico County Administrative Charging Committee for the Wicomico County Administrative Charging Committee's review within five days of reaching tentative agreement.
(1) 
Upon receiving the tentative agreement, the Wicomico County Administrative Charging Committee may:
(a) 
Endorse the proposed settlement agreement and authorize the agency head to impose the discipline agreed upon; or
(b) 
Reject the proposed settlement agreement and inform the agency head that the Wicomico County Administrative Charging Committee's original disciplinary determination stands.
D. 
If the Wicomico County Administrative Charging Committee endorses the agreement, the agency head shall impose the agreed upon discipline.
E. 
If the Wicomico County Administrative Charging Committee rejects the proposed agreement, the agency head shall offer the Wicomico County Administrative Charging Committee's original disciplinary determination to the officer.
F. 
If the officer accepts the discipline, it shall be imposed. If the officer refuses to accept the discipline, the matter shall be referred to a Trial Board.
G. 
The Wicomico County Administrative Charging Committee's decision (endorsement or rejection) on a proposed settlement must be made within one year and one day after the filing of a complaint by a citizen.
In the event that there is a conflict with state law, the state law shall control. In the event that the state law no longer requires an Administrative Charging Committee, this article is no longer applicable.