(a) Establishment. There is a Police Accountability Board for the County. The Executive must appoint the nine voting members of the Board, including the Chair, subject to confirmation by the Council. The Executive may appoint one or more non-voting members to the Board. At least one voting member must reside in a municipality operating a police department that is within the jurisdiction of the Board.
(b) Composition and qualifications of members. The members of the Board must reflect the racial, gender, gender-identity, sexual orientation, and cultural diversity of the County. Each member must reside in the County and be able to demonstrate through professional or lived experience the ability to balance effective oversight, perform objective analysis of an investigation report, and practice procedural fairness.
An active police officer must not be a member of the Board. A Board member must also meet all qualifications mandated by State law and implementing regulations while serving on the Board.
(c) Chair. The members of the Board may elect a Vice-Chair to serve as Chair in the absence of the Chair.
(d) Term of office. Each member serves a 3-year term. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.
(e) Meetings, budget, and compensation for members.
(1) The Board meets at the call of the Chair. The Board must meet as often as necessary to perform its duties, but not less than one time each month.
(2) The Executive must recommend, and the Council must appropriate funds necessary for the Board and the Administrative Charging Committee to operate in the County’s annual operating budget. The annual appropriation for the Board and the Administrative Charging Committee must include funding for training of members provided by:
(A) the County Police Department in cooperation with the Sheriff and each municipal police department within the jurisdiction of the Board; and
(B) appropriate outside organizations.
(3) The Chair or another Board member designated to serve on the Administrative Charging Committee must serve without compensation except for the reimbursement of expenses incurred in attending meetings or carrying out other duties, including travel and dependent care costs at rates established by the County, subject to appropriation. The annual salary for each other Board member is $10,000. The salary for each member must be adjusted on the first Monday in December by the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.
(f) Staff. The Chief Administrative Officer must provide appropriate dedicated full-time staff to the Board and make available to the Board services and facilities that are necessary or appropriate for the proper performance of its duties. The County Attorney must retain special legal counsel approved by the Council to serve as counsel to the Board.
(g) Duties. The Board must:
(1) hold quarterly meetings with the directors of one or more law enforcement agencies operating in the County who employ one or more police officers;
(2) appoint civilian members to the Administrative Charging Committee and trial boards;
(3) receive complaints of police misconduct filed by a member of the public;
(4) review the outcomes of disciplinary matters considered by the Administrative Charging Committee on a quarterly basis;
(5) advise the Executive and the Council on policing matters; and
(6) refer each complaint of police misconduct filed with the Board to the appropriate law enforcement agency within 3 days after receipt for investigation.
(h) Removal of a member. The Executive with the approval of at least 6 members of the Council may remove a member for:
(1) neglect of duty, including failure to complete mandatory training;
(2) misconduct in office;
(3) a member’s inability or unwillingness to perform the duties of the office;
(4) conduct that impairs a member from performing the duties of the office; or
(5) inability to meet the qualifications for a Board member mandated by State law or implementing regulations.
(i) Reports. The Board must submit an annual report to the Executive and the Council each December 31 that:
(1) identifies any trends in the disciplinary process of police officers in the County;
(2) recommends changes to policy that would improve police accountability in the County; and
(3) describes the activities of the Board and the numbers of complaints received. (2022 L.M.C., ch. 12, §1.)