(a) Definitions. In this Section the following words have the meanings indicated:
Commission means the Advisory Commission on Policing.
Department means the Montgomery County Police Department.
Institutional members are: (A) the Police Chief or the Police Chief’s designee; and (B) the President of an employee organization certified under Article V of Chapter 33 or the President’s designee.
(b) Established. County Council must appoint an Advisory Commission on Policing.
(c) Composition and terms of members.
(1) The Commission has 15 members consisting of 13 public members and 2 institutional members.
(2) The Council must appoint all members. Except for the institutional members, every other member should represent a community organization operating in the County or be an individual. Each Councilmember must nominate one public member. If there is a vacancy on the Commission and the Councilmember who appointed the Commissioner is no longer on the Council, then the Councilmember’s successor must appoint the public member to fill the vacancy.
(3) Of the public members:
(A) one member, known as the youth member, must be 25 years of age or younger at the time of appointment;;
(B) one member, known as the young adult member, must be 26-35 years of age at the time of appointment; and
(C) both the youth member and young adult member must be nominated by the County Executive.
(4) The public members appointed under paragraphs (2) and (3) should:
(A) reflect a range of ethnicities, socioeconomic status, and places of origin to reflect the racial and economic diversity of the County’s communities, including religious creed, age, sex - including on the basis of gender identity or orientation, disability, and geographic location, with emphasis on those disproportionately impacted by inequities; and
(B) have an interest or expertise in policing matters.
(5) The term of each member is 3 years. A member must not serve more than two consecutive full terms. A member must continue in office until a successor is appointed and qualified. After an appointment to fill a vacancy before a term expires, the successor serves a three-year term.
(d) New member orientation. Every new member must participate in an orientation program consisting of a menu of training opportunities determined by the Chair in consultation with staff.
(e) Voting, officers, meetings, and compensation.
(1) Except the institutional members, all members of the Commission are voting members.
(2) The Commission must elect a Chair and Vice-Chair from among its voting members.
(3) The Commission meets at the call of the Chair. The Commission must meet as often as necessary to perform its duties, but not less than 6 times each year.
(4) A member must serve without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.
(f) Duties. The Commission must:
(1) advise the Council on policing matters;
(2) provide information regarding best practices on policing matters;
(3) recommend policies, programs, legislation, or regulations;
(4) comment on matters referred to it by the Council;
(5) conduct at least one public forum each year for community input on policing matters;
(6) accept correspondence and comments from members of the public, except that the Commission must forward to the Police Advisory Board complaints involving police misconduct and discipline that fall under the jurisdiction of the Police Advisory Board pursuant to Section 35-24; and
(7) engage in public education.
(g) Requests for information. The County, including the Police Department, should respond to Commission requests for information within 30 days after the County receives the request.
(h) Annual Report. By July 1 each year, the Commission must submit to the Executive and the Council an annual report on its functions, activities, accomplishments, and plans and objectives.
(i) Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
(j) Staff. The Executive Director of the Office of the County Council must provide appropriate staff to the Commission.
(k) The Commission is not a regulatory or disciplinary body over any law enforcement agency. (2019 L.M.C., ch. 29, §1.; 2023 L.M.C., ch. 32, § 1.)
Editor’s note—2019 L.M.C., ch. 29, § 2, states: Transition. Notwithstanding paragraph (d)(2), the Council must designate the Chair and Vice-Chair until the Commission elects the Chair and Vice-Chair.
Former Sec. 35-6, "Same-Same-Abolished", derived from Mont. Co. Code 1965, § 96-1, was repealed by 2003 L.M.C., ch. 11, § 1.