Section
3-7A-101. Definitions.
3-7A-102. Police Accountability Board created.
3-7A-103. Membership.
3-7A-104. Chair.
3-7A-105. Terms of voting members.
3-7A-106. Quorum; meetings.
3-7A-107. Training.
3-7A-108. Budget and staff.
3-7A-109. Compensation and expenses.
3-7A-110. Duties.
3-7A-111. Recordkeeping.
3-7A-112. Administrative Charging Committee and Trial Hearing Boards.
The following words have the meanings indicated.
(1) “Hearing Board” means “trial board” as used in Title 3, Subtitle 1 of the Public Safety Article of the State Code.
(2) “Law enforcement agency” means a governmental police force, sheriff’s office, or security force or law enforcement organization of the State, a county, or a municipal corporation that by statute, ordinance, or common law is authorized to enforce the general criminal laws of the State.
(3) “Police misconduct” means a pattern, practice, or conduct by a police officer or law enforcement agency that includes:
(i) depriving persons of rights protected by the Constitution or laws of the State or the United States;
(ii) a violation of a criminal statute; and
(iii) a violation of law enforcement agency standards and policies.
(4) “Police officer” has the meaning set forth in § 3-101 of the Public Safety Article of the State Code.
(5) “Ride-along” means an arrangement to spend a shift in the passenger seat of an emergency vehicle and observe the work day of a County police officer or other law enforcement officer in the County.
(Bill No. 16-22)
(a) Voting members.
(1) The Police Accountability Board consists of nine voting members, all of whom shall be residents of the County, appointed as follows:
(i) Eight voting members shall have resided in the County for at least three years prior to appointment and shall be appointed by the County Executive and approved by resolution of the County Council;
(ii) One voting member shall have resided in the City of Annapolis for at least three years and shall be appointed by the County Executive upon recommendation of the Mayor and City Council;
(iii) Each member of the County Council shall have a reasonable opportunity to recommend to the County Executive a resident of that Council member’s district for potential appointment to the Board.
(2) An active police officer may not be a voting member of the Police Accountability Board.
(3) To the extent practicable, the voting membership of the Police Accountability Board shall reflect the racial, gender, gender-identity, sexual orientation, and cultural diversity of the County.
(4) To the extent practicable, the voting membership of the Police Accountability Board shall include representation from the populations, identities, geographic areas, and communities that historically experienced or currently experience a higher frequency of interactions with law enforcement.
(5) To the extent practicable, the voting membership of the Police Accountability Board shall include a diversity of experience and expertise, including in such areas as:
(i) community organization;
(ii) civil rights;
(iii) law enforcement;
(iv) criminal law;
(v) behavioral health;
(vi) faith-based leadership;
(vii) community policing;
(viii) policing standards;
(ix) sociology;
(x) education;
(xi) social work;
(xii) criminology;
(xiii) personnel management and discipline;
(xiv) juvenile services; or
(xv) other life experience that may be valuable to the Board.
(6) (i) Voting members shall be subject to a criminal background investigation before beginning to serve.
(ii) A person may not be appointed as a voting member of the Board if the person has been convicted of, pled guilty to, or received probation before judgement for the following:
1. a crime of violence, as defined in § 14-101 of the Criminal Law Article of the State Code;
2. domestic violence;
3. a felony in Maryland;
4. a crime that is a felony in another State or in a federal proceeding that would be a felony in Maryland; or
5. theft, dishonesty, fraud, or another crime of moral turpitude.
(iii) A person who has been convicted of crimes other than as set forth in paragraph (6)(ii) may be appointed to serve as a voting member of the Board subject to the appointment procedures in this title.
(7) Voting members shall file financial disclosure forms as required by § 7-6-101 of this Code, and shall recuse themselves in the case of conflicts of interest.
(b) Application process. For the members appointed pursuant to (a)(1)(i):
(1) an advertisement to apply for membership shall be published at least 30 days prior to any appointment by the County Executive; and
(2) a resolution to approve the appointment of any member may not be considered or acted on by the County Council less then seven days after its date of introduction and shall receive a public hearing.
(c) Vacancies. Vacancies shall be filled for any unexpired term in the same manner as the original appointment.
(Bill No. 16-22)
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