There is a Garrett County Trial Board (GCTB) to serve countywide law enforcement agencies and local law enforcement agencies within Garrett County.
(A) Garrett County Trial Board.
(1) The GCTB shall be composed of three regular voting members who will serve for a three-year term, including:
(a) The Board of County Commissioners shall appoint one member to the GCTB. That member shall be an active or retired administrative law judge or a retired district or circuit court judge.
(b) The Garrett County Police Accountability Board (GCPAB) shall appoint a civilian who is not a member of the Garrett County Administrative Charging Board (GCACC).
(3) The Garrett County Sheriff shall appoint a police officer of equal rank to the police officer who is accused of misconduct.
(2) Membership requirements.
(a) The civilian members of the GCTB 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 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) General powers and responsibilities.
(1) Procedures.
(a) If the police officer does not accept the Chief’s offer of discipline, then the matter shall be referred to the GCTB.
(b) At least 30 days before the GCTB proceedings begin, 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.
(c) The GCTB may administer oaths and issue subpoenas as necessary to complete its work.
(d) A complainant has the right to be notified of a GCTB hearing and, except as provided by Md. Code § 3-106(d), the right to attend the hearing.
(e) Except as otherwise provided by law, the law enforcement agency has the burden of proof by a preponderance of the evidence.
(f) A police officer may be disciplined only for cause.
(g) Within 30 days after the date of the issuance of the decision of the GCTB, the decision may be appealed by the police officer to the Circuit Court for Garrett County, Maryland.
(h) A GCTB decision that is not appealed is final.
(C) Meetings, quorum, records.
(1) The meetings of the GCTB shall be open to the public and subject to the Open Meetings Act, except as provided in Md. Code § 3-106(d).
(2) 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.
(Res. 2022-8, passed 7-11-2022)