Article I. In General.
§ 35-1. County police subject to control by director of police.
§ 35-2. Law Enforcement Trust and Transparency Act.
§ 35-3. Powers and duties of director.
§ 35-4. Headquarters and substations-Generally.
§ 35-5. Takoma Park reimbursement.
§ 35-6. Advisory Commission on Policing.
§ 35-6A. Community policing.
§ 35-6B. Community informed police training.
§ 35-7. Fees, costs and charges.
§ 35-8. Service of process; powers of police.
§ 35-9. Internal affairs procedures and reporting requirements.
§ 35-10. Social security for members.
§ 35-11. Physical examination of applicants.
§ 35-12. Reserved.
§ 35-13. Police mutual aid agreements authorized.
§ 35-13A. Anti-Hate/Violence Fund.
§ 35-13B. Drug Enforcement Forfeitures Fund.
§ 35-13C. Private security camera incentive program.
§ 35-13D. Late night business safety plan.
Article II. Relief and Retirement Fund.
§ 35-14. Generally.
§ 35-15. Benefits generally.
§ 35-16. Procedure for obtaining benefits.
§ 35-17. Change or discontinuance of benefits.
§ 35-18. County's right of subrogation against third parties causing disability.
§ 35-19. Investment of funds.
§ 35-20. Transfer of fund and powers of trustees--Authority.
Article III. Regulations.
§ 35-21. General rules of conduct and performance.
§ 35-22. Police use of force and no-knock warrant policy – minimum standards.
Article IV. Police Discipline.
§ 35-23. Definitions.
§ 35-24. Police Accountability Board.
§ 35-25. Administrative Charging Committee.
§ 35-26. Trial Board.
Notes
| [Note] | *Editor's note—Section 3 of 1999 L.M.C., ch. 30, reads as follows: "Regulations. All personnel regulations in effect when this Act becomes law [March 3, 2000] continue in effect, except that any reference in the regulations to an employee's "spouse" (or equivalent term, such as "widow") or a "spouse's dependent" means "spouse or domestic partner" and "spouse's or domestic partner's dependent", respectively, when that meaning is consistent with this Act. Within 120 days after this Act becomes law [March 3, 2000], the County Executive must submit to the Council, for approval under method (1), amendments to the personnel regulations to implement this Act. In this Section, "employee" includes both active and retired employees." A deputy sheriff is not a police officer for the purpose of worker's compensation presumption of occupational disease in accordance with Annotated Code of Maryland, Art. 101, § 64A. Soper v. Montgomery County, 294 Md. 331, 449 A.2d 1158 (1982) (citing Code §§ 2-6(a), 2-43, 35-3(b), 35-8, 35-21(b)). |
The members of the county police are hereby required to report to the director of the county police immediately after their appointment and qualification and shall be at all times under the supervision and orders of such director. (Mont. Co. Code 1965, § 18-1; 1979 L.M.C., ch. 6, § 1; 1990 L.M.C., ch. 31, § 2.)
(a) Definitions. As used in this Section:
Department means the Montgomery County Department of Police.
Law enforcement agency means a government agency charged with enforcing Federal, State, or County law.
Officer involved death means the death of an individual resulting from an action by a police officer or while the individual is in police custody.
Police officer means a sworn officer employed by the County Department of Police.
State’s Attorney means the State’s Attorney for Montgomery County.
(b) Independent investigation required. Except as provided in subsection (f), the Executive must ensure that an independent investigation is performed for each officer involved death. The independent investigation must be led by at least 2 sworn independent investigators:
(1) who are not employed by the County or the State’s Attorney;
(2) who have significant experience and expertise in conducting homicide and law enforcement officer use of force investigations; and
(3) work for a:
(A) local law enforcement agency located outside of the County;
(B) Federal law enforcement agency; or
(C) State law enforcement agency.
(c) Report. The independent investigators must submit a final written report to the State’s Attorney.
(d) Publication of the investigation report.
(1) Except as provided in paragraph (2), the written report must be released to the public to the extent permitted by law:
(A) if no criminal charges are filed against the police officer; or
(B) after the conclusion of any criminal case against the police officer.
(2) The custodian of the report may deny inspection of any part of the written report if it would:
(A) interfere with a valid and proper law enforcement proceeding;
(B) deprive a person of a right to a fair trial or an impartial adjudication;
(C) constitute an unwarranted invasion of personal privacy;
(D) disclose the identity of a confidential source;
(E) disclose an investigative technique or procedure;
(F) prejudice an investigation; or
(G) endanger the life or physical safety of an individual.
(3) This subsection must apply to a written investigation report prepared by the independent investigators or a report prepared by the Department if the Executive is unable to obtain an independent investigation.
(e) Internal investigation. This Section must not be interpreted to prohibit:
(1) an internal administrative review of the incident by the Department for possible discipline of a police officer pursuant to the Law Enforcement Officers’ Bill of Rights, MD Public Safety Code, §§3-101 to 3-113, as amended; or
(2) the Department from:
(A) responding to the crime scene to perform routine police duties to protect members of the public and members of the Department; or
(B) providing support and assistance to the independent investigators leading the investigation as requested by the independent investigators.
(f) Reporting. If, after making good faith efforts, the Executive is unable to enter into an agreement with another law enforcement agency to perform the required independent investigation, the Executive must submit:
(1) a report to the Council on or before January 1, 2020:
(A) explaining all efforts made to secure an agreement with another law enforcement agency; and
(B) recommending changes to the law to support its goals; and
(2) updates to the Council every 90 days beginning on April 1, 2020 explaining continuing efforts to secure an agreement. (2019 L.M.C., ch. 6, §1; 2021 L.M.C., ch. 26, § 1.)
Editor’s note—2019 L.M.C., ch. 6, §2, states: Effective Date. This Act must take effect on January 1, 2020. The amendments in Section 1 must apply to each officer involved death occurring after the Act takes effect.
(a) Chief executive officer. The director of police is the chief executive officer of the department of police and in the exercise of official duties the director shall be subject to such orders, rules and regulations as may be issued by the county executive from time to time and shall be responsible to the county executive for the proper and efficient conduct, control and discipline of the department of police.
(b) Law enforcement. The director of police shall take such measures as will ensure prompt and vigorous enforcement of all criminal statutes, laws, regulations and ordinances, enforcement of which comes properly within the scope of the police function and power.
(c) Adoption of regulations, orders, etc., generally. The director of police shall adopt, under method (2) of section 2A-15 of this Code, all regulations for the county which pertain to the work of the department of police. The director shall issue such additional instructions and adopt such orders and administrative procedures, not inconsistent with law, as deemed proper in the exercise of the functions of chief executive officer of the department of police.
(d) Duty assignments, etc. The director of police shall order and direct such assignments to duty, detail and transfers as deemed necessary in the interest of public service.
(e) Fires, riots, etc. The director of police shall maintain contact with supervisors on the scene of any large fire within the jurisdiction of the county police and at the scene of any riot, tumultuous assemblage, catastrophe or other unusual occurrence where the services of large details of police are necessary and shall take command of the police and direct their efforts in the work at hand through his/her supervisors.
(f) Operation of department generally. The director of police shall exact from all members of the police unquestioned loyalty, unfailing energy and strict obedience and shall take prompt action in prosecuting any member guilty of interfering with, or in any manner impeding, the orderly and efficient operation and conduct of the department of police.
(g) Charges against members. The director shall refer all charges properly filed with the director or the department against any member of the police to the office of internal affairs.
(h) Instruction and training. The director of police shall order and direct the instruction and training for the members of the police.
(i) Inspections. The director of police shall develop and implement policies and procedures within the department of police which will ensure an inspection program function at every level of management responsibility. The inspection program will encompass personnel, facilities and property, resource management and operations.
(j) Reports and recommendations. The director of police shall make a written report annually to the county council and county executive as to the operation of the department of police, for the fiscal year ending June 30, and shall submit recommendations for improvements, and shall make such other general and special reports as may be required.
(k) Notice of appointments, transfers, separations, etc. The director of police shall promptly notify the county personnel board of all appointments, transfers, promotions, demotions, suspensions and separations from the department of police. (Mont. Co. Code 1965, § 96-5; 1969 L.M.C., ch. 35, § 13; 1971 L.M.C., ch. 29, § 1; 1979 L.M.C., ch. 6, § 1; 1984 L.M.C., ch. 24, § 40; 1984 L.M.C., ch. 27, § 24.)
Editor’s note-The above section is cited and quoted in part in FOP, Montgomery County Lodge No. 35 v. Mehrling, 343 Md. 155, 680 A.2d 1052 (1996). Section 35-3(b) is quoted in Soper v. Montgomery County, 294 Md. 331, 449 A.2d 1158 (1982).
See County Attorney Opinion dated 1/24/99 explaining that a non-merit position in the Animal Control Division need not be filled.
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