A Garrett County Police Accountability Board (GCPAB) is established to serve countywide and local law enforcement agencies as defined in Md. Code, Public Safety Article, § 3-201.
(A) Garrett County Police Accountability Board.
(1) The GCPAB shall be comprised of five members appointed by the Board of County Commissioners as regular voting members for a three-year term, including:
(a) One individual to serve as the Board Chairperson who shall have familiarity with the criminal justice system;
(b) One retired, sworn law enforcement officer;
(c) Three citizens with familiarity or experiences with human resources, the operation of a government agency, criminal justice agency, or community service organization.
(2) Membership requirements.
(a) Members of the GCPAB must:
1. Be Garrett County residents and registered to vote;
2. Be at least 25 years of age;
3. Have familiarity or experience with human resources, the operation of a government agency, criminal justice agency, or community service organization;
4. Submit to a vetting process that includes intensive in-person interviews by the Board of County Commissioners or their designee and appropriate criminal background research; and
5. Complete training on matters related to police procedures from the Maryland Police Training and Standards Commission.
(b) An individual may not be a member of the GCPAB if they:
1. Are an active police officer as defined in Md. Code § 3-201; or
2. Have been convicted of, or received a probation before judgement for, a felony or a misdemeanor with a statutory penalty of more than two years.
(3) To the extent practicable, the membership of the Police Accountability Board shall reflect the racial, gender, and cultural diversity of the county.
(4) Of the initial appointees to the Board, one appointee shall have a term of one year; two appointees shall have a term of two years; and two appointees shall have a term of three years, one of which shall be the Chairperson. A member may be reappointed but may not serve more than two full consecutive three year terms.
(5) A member may be removed from the Board if at any time they fail to meet the requirements of this section or any other requirements of the Board, or fail to attend at least 50% of the meetings during any period of 12 consecutive months.
(6) Vacancies shall be filled on the same basis as the original appointments for the unexpired terms. Members shall continue in office until their successors are appointed and qualified.
(B) General powers and responsibilities.
(1) The Board shall:
(a) Hold quarterly meetings with heads of law enforcement agencies and otherwise work with law enforcement agencies and the county government to improve matters of policing;
(b) Appoint civilian members to charging committees and trial boards;
(c) Receive complaints of police misconduct filed by members of the public and forward that complaint to the appropriate law enforcement agency within three days of receipt;
(d) On a quarterly basis, review outcomes of disciplinary matters considered by charging committees;
(e) On or before December 31 each year, the GCPAB shall submit a report to the governing body of the county that:
1. Identifies any trends in the disciplinary process of police officers in Garrett County; and
2. Makes recommendations on changes to policy that would improve police accountability in Garrett County.
(C) Meetings, quorum, records.
(1) The Board shall meet at least quarterly.
(a) A majority of the Board members shall constitute a quorum for the transaction of regular business.
(b) The meetings of the Board shall be subject to the Open Meetings Act.
(c) The Board shall be prohibited from creating sub or ad hoc committees.
(d) Records shall be maintained by the Secretary pursuant to a records retention schedule of Garrett County in accordance with state law. The Board and its staff shall keep confidential any records prohibited from disclosure under the Maryland Public Information Act.
(D) Complaints.
(1) The Board shall receive complaints of police misconduct filed by members of the public.
(2) The Board, in conjunction with the law enforcement agencies located within the county, shall establish a uniform procedure for allowing members of the public to file complaints of police misconduct.
(3) A complaint of police misconduct filed with the Board or law enforcement agency shall include:
(a) The name of the police officer accused of misconduct;
(b) A description of the facts on which the complaint is based;
(c) Contact information of the complainant or a person filing on behalf of the complainant for investigative follow-up.
(4) A complaint of police misconduct filed with the Board shall be forwarded to the appropriate law enforcement agency within three business days after receipt by the Board.
(Res. 2022-8, passed 7-11-2022)