There shall be a Wicomico County Trial Board to hear matters charged by the Wicomico County Administrative Charging Committee on which an officer of a law enforcement agency elects trial.
A. 
A Trial Board will be composed of:
(1) 
An actively serving or retired Administrative Law Judge or a retired Judge of the District or a Circuit Court, appointed by the County Executive and confirmed by the County Council.
(2) 
A civilian, who is not a member of an Administrative Charging Committee, appointed by the Wicomico County Police Accountability Board.
(3) 
A police officer of equal rank to the police officer who is accused of misconduct, appointed by the head of the law enforcement agency.
B. 
A civilian appointee must meet the eligibility criteria for both the Wicomico County Police Accountability Board and the Wicomico County Administrative Charging Committee in order to serve on the Trial Board. No more than five civilian appointees may be appointed by the Wicomico County Police Accountability Board to be eligible to serve as a voting member of a Trial Board. Before serving as a member of a Trial Board, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission. Training shall include participating in a shoot/don't shoot simulator.
C. 
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) 
Members may resign from the Wicomico County Trial Board at any time by notifying the County Executive.
D. 
The County Executive shall submit a budget and oversee the staff of the Trial Board.
E. 
The County Executive shall establish the procedures for recordkeeping by the Trial Board.
F. 
The Trial Board may not adopt any rules or regulations outside of perfunctory clerical matters.
G. 
The actively serving or retired Administrative Law Judge or the retired Judge of the District Court or a Circuit Court shall:
(1) 
Be the Chair of the Trial Board;
(2) 
Be responsible for ruling on all motions before the Trial Board; and
(3) 
Prepare the written decision of the Trial Board, including the findings, conclusions, and recommendations of the Trial Board.
A. 
The charges brought by the Wicomico County Administrative Charging Committee are presented by the law enforcement agency from which the charged officer was employed at the time of the alleged event. The law enforcement agency cannot decline to proceed on the charges brought by the Wicomico County Administrative Charging Committee. The law enforcement agency may hire outside counsel to represent and present the charges on behalf of the agency. The individual presenting the case in support of the charges brought by the Administrative Charging Committee has wide discretion in the manner in which the case will be presented to the Trial Board.
B. 
The law enforcement officer is entitled to representation by counsel, but not at the expense of the County or the law enforcement agency at which the officer worked at the time of the alleged event.
C. 
At least 30 days before a Trial Board proceeding begins, the police officer shall be: 1) provided a copy of the investigatory record; 2) notified of the charges against the police officer; and 3) notified of the disciplinary action being recommended. Along with the charges, the officer shall be notified of the date, time, location of the hearing and the names of the members who shall sit as the Trial Board. Officers can strike Trial Board members for good cause shown. A motion to strike must be submitted, in writing, to the judge of the Trial Board five days after the notice is sent. The Trial Board members not alleged to have a conflict then shall determine if a conflict exists. That decision must be unanimous and be made five days after the filing of the motion to strike. If a conflict exists, the appropriate appointing authority shall submit a new name 10 days after the Trial Board's determination of a conflict.
D. 
All members of the Trial Board must be present for an adjudicatory hearing.
E. 
The law enforcement agency has the burden of proof by a preponderance of the evidence. The charged officer need not call any witnesses, including themselves, and the decision to not may not be considered by the Trial Board.
F. 
The adjudication of a charge is classified as "responsible" when the Trial Board holds that the required burden of proof has been met. The adjudication of a charge is classified as "not responsible" when the Trial Board holds that the required burden of proof has not been met.
G. 
The Trial Board members must unanimously agree, as to each charge, that the burden of proof was met to find the officer responsible.
H. 
The Trial Board shall give the law enforcement agency and law enforcement officer ample opportunity to present their respective case concerning the charges.
I. 
A Trial Board may administer oaths and issue subpoenas as necessary. Witnesses will be sworn under oath and proceedings shall be recorded. Each party has the right to cross-examine witnesses who testify, and each party may submit rebuttal evidence.
J. 
Evidence with probative value that is commonly accepted by reasonable and prudent individuals in the conduct of their affairs is admissible and shall be given probative effect.
K. 
The Trial Board shall give effect to the rules of privilege recognized by law and shall exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. The Trial Board may not infer an admission of responsible from a charged police officer who does not testify. The law enforcement agency may not call the charged officer to testify.
L. 
Each record or document that a party desires to use shall be offered and made a part of the record.
M. 
Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
N. 
Trial Board proceedings shall be open to the public, except to protect:
(1) 
A victim's identity.
(2) 
Personal privacy of an individual.
(3) 
A child witness.
(4) 
Medical records.
(5) 
Identity of a confidential source.
(6) 
An investigation technique or procedure.
(7) 
The life or physical safety of an individual.
O. 
A complainant has the right to be notified of a Trial Board hearing and, except as provided above, the right to attend the hearing. A complainant is not a party to the hearing, but may be called as a witness by either the litigating agency or the charged officer.
P. 
Upon the conclusion of each party's case, the Trial Board, in closed session, shall deliberate based solely on the evidence presented. A finding shall be issued before the Trial Board adjourns and, in open session, the judge shall deliver the holding of the Trial Board.
Q. 
If an officer is found responsible, the Trial Board shall provide the opportunity for the litigating agency, the officer, any character witnesses on behalf of the officer, and the complainant, to comment on what discipline should be imposed. After hearing from the aforementioned persons, the Trial Board shall issue a punishment in accordance with the Statewide Disciplinary Matrix before adjourning. A police officer may only be disciplined for cause.
R. 
Within 45 days after the final hearing by a Trial Board, the Trial Board shall issue a written decision reflecting the findings, conclusions, and recommendations of a majority of the Trial Board.
The police officer found responsible may appeal within 30 days after the date of issuance of a decision to the Circuit Court for Wicomico County.
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 a Trial Board, this article is no longer applicable.