A Garrett County Administrative Charging Committee (GCACC) is established to serve countywide law and local law enforcement agencies as defined in Md. Code § 3-201.
(A) Administrative Charging Committee.
(1) The GCACC shall be composed of five regular voting members who will serve for a three-year term, including:
(a) The Chairperson of the Garrett County Police Accountability Board (GCPAB), or a member designated by the Chairperson of the GCPAB, shall serve as the Chairperson of the GCACC.
(b) The Board of County Commissioners shall appoint two citizens as members of the GCACC.
(c) The GCPAB shall appoint two civilians to the GCACC by majority vote.
(2) Membership requirements.
(a) Members of the GCACC 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 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 the GCPAB 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 GCACC 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.
(B) General powers and responsibilities.
(1) The Committee shall:
(a) Meet as needed, but at least once per quarter;
(b) Adopt rules of procedure and conduct for hearings that provide procedural and substantive due process (including the procedures required by Md. Code, Public Safety Article, § 3-104(e)), which may be amended from time to time, as a majority of the GCACC may deem necessary and appropriate;
(c) Review the findings of a law enforcement agency investigation conducted and forwarded to the GCACC in accordance with Md. Code § 3-104(d):
1. Make a determination that the police officer who is subject to investigation shall be:
a. Administratively charged; or
b. Not administratively charged.
2. If the police officer is charged, recommend discipline in accordance with the law enforcement agency's disciplinary matrix;
3. Issue a written opinion that describes in detail its findings, determinations, and recommendations;
4. Forward a written opinion to the chief of the law enforcement agency, the police officer, and the complainant; and
5. Maintain confidentiality of a matter being considered until final disposition of that matter.
(Res. 2022-8, passed 7-11-2022)