(a) Definitions. For purposes of this Section, the following terms have the meanings indicated.
Administrative misconduct means alleged misconduct by a Department employee that, if true, could result in discipline against the employee.
Body-worn camera recording or recording means a video or audio recording obtained through a camera system worn on the person of an employee of the Department.
Chief or Police Chief means the Chief of the Department or the Chief’s designee.
Department means the Montgomery County Police Department.
Internal Affairs Division or Division means the division or unit of the Department with primary responsibility for investigating administrative misconduct by a Department employee if the investigation could result in disciplinary action against the employee.
Investigation means an investigation conducted by the Division into allegations of administrative misconduct by an employee of the Department.
Random review means reviewing, at regular intervals, statistically valid samples of a set, in which each item of the set has an equal opportunity of being chosen for a sample.
(b) Mandatory issuance of body worn cameras. The Department must issue a body worn camera, for the use of an on-duty uniformed or plainclothes employee of the Department, whenever the employee:
(1) is in uniform; or
(2) prominently displays a badge or other insignia.
(c) Mandatory random review of body-worn camera recordings.
(1) The Professional Accountability Division of the Department must conduct periodic, random reviews of body-worn camera recordings to assess:
(A) employee compliance with legal requirements and Department policy;
(B) employee performance; and
(C) consistency between employees’ written reports and recordings.
(2) Except when performing a random review under paragraph (1), the Department must not review body-worn camera recordings, without cause, to discover acts of misconduct or instances of poor performance.
(d) Mandatory review by the Internal Affairs Division. The Internal Affairs Division must investigate, in addition to any matter it is required to investigate by the Chief or under Department policy, any body-worn camera recording identified under subsection (c) that:
(1) relates to potential administrative misconduct by an employee of the Department; and
(2) involves:
(A) a use of force under Section 35-22;
(B) a child under the age of 18;
(C) a potential criminal offense by a Department employee;
(D) a fatality or serious bodily injury; or
(E) potential discrimination or harassment by an employee on the basis of race, ethnicity, national origin, sex, sexual orientation, gender expression, gender identity, disability, or religion.
(e) Monthly internal affairs reports to the Chief. At least once a month, the Internal Affairs Division must report to the Chief regarding the status of each pending investigation. For each investigation, the report must include, at a minimum:
(1) the nature of the allegation;
(2) the date of the complaint;
(3) the name of each employee involved;
(4) the name of the investigating officer; and
(5) the source of the investigation, including whether the investigation arose from a random review under subsection (c).
(f) Immediate reporting of certain investigations to the Chief.
(1) The Internal Affairs Division immediately must report to the Chief regarding any investigation that involves:
(A) a use of force under Section 35-22;
(B) a child under the age of 18;
(C) a potential criminal offense by a Department employee;
(D) a fatality or serious bodily injury; or
(E) potential discrimination or harassment by an employee on the basis of race, ethnicity, national origin, sex, sexual orientation, gender expression, gender identity, disability, or religion.
(2) Within 48 hours of submitting a report under paragraph (1), the Division must provide to the Chief any body-worn camera recordings associated with the investigation.
(g) Required reports to the County Executive and the County Council. Within 24 hours after receiving a report of an investigation under subsection (f), the Chief must notify the County Executive and the County Council of the existence and nature of the investigation, including:
(1) the date of any complaint that precipitated the investigation;
(2) the date and location of the incident under investigation;
(3) the general nature of the allegations under investigation;
(4) demographic information if known, including race, ethnicity, and gender information, regarding residents involved in the matter under investigation; and
(5) the category of the investigation under paragraph (1) of subsection (f).
(h) Required reports to the State’s Attorney. The Chief must notify the State’s Attorney regarding the existence and nature of an incident or investigation within 72 hours after the Chief:
(1) receives a report under subsection (e) that involves a potential criminal offense by a Department employee; or
(2) otherwise becomes aware of a potential criminal offense by a Department employee.
(i) Copies of investigative files and recordings.
(1) If the County Executive, the County Council, or the State’s Attorney requests a copy of an investigative file or a body-worn camera recording associated with an incident or investigation under subsections (g) or (h), the Department must provide the requested copy within 7 calendar days, unless a state or federal law:
(A) requires an earlier disclosure; or
(B) prohibits the disclosure.
(2) The recipient of an investigative file or a body-worn camera recording under paragraph (1) must not redisclose the file or recording except in accordance with the Maryland Public Information Act or other applicable law.
(j) Log of access to body-worn camera recordings.
(1) The Department must maintain a log that records each instance that a person accesses or redacts a body-worn camera recording.
(2) The log must include, at a minimum, the time and date of the access or redaction, and the identity of the person accessing or redacting the recording.
(k) Prompt completion of internal investigations. At least once every 3 months, the Chief must report to the County Executive and the County Council regarding:
(1) each investigation that is not complete within 180 days;
(2) the reasons for the delay; and
(3) an estimate of when the investigation will be complete. (2021 L.M.C., ch. 32, § 1; 2023 L.M.C., ch. 21, § 1.)
Editor's note-Prior Section 35-9, authorizing the recall of retired policemen in emergencies, derived from Mont. Co. Code 1965, § 18-12; 1939, ch. 730, § 21; and 1969 L.M.C., ch. 45, § 1, was repealed by 1979 L.M.C., ch. 6, § 1. The repeal is contained in the minutes of the County Council dated July 18, 1978.