(a) (1) Except as provided in paragraph (2) of this subsection, each law enforcement agency shall establish a trial board process in accordance with this section to adjudicate matters for which a police officer is subject to discipline.
(2) A small law enforcement agency may use the trial board process of another law enforcement agency by mutual agreement.
(b) A trial board shall be composed of:
(1) an actively serving or retired administrative law judge or a retired judge of the District Court or a circuit court, appointed by the chief executive officer of the county;
(2) a civilian who is not a member of an administrative charging committee, appointed by the county’s police accountability board; and
(3) a police officer of equal rank to the police officer who is accused of misconduct appointed by the head of the law enforcement agency.
(c) Before serving as a member of a trial board, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.
(d) Proceedings of a trial board shall be open to the public, except to protect:
(1) a victim’s identity;
(2) the personal privacy of an individual;
(3) a child witness;
(4) medical records;
(5) the identity of a confidential source;
(6) an investigative technique or procedure; or
(7) the life or physical safety of an individual.
(e) A trial board may administer oaths and issue subpoenas as necessary to complete its work.
(f) A complainant has the right to be notified of a trial board hearing and, except as provided in subsection (d) of this section, the right to attend a trial board hearing.
(g) Except as otherwise provided in this subtitle, a law enforcement agency has the burden of proof by a preponderance of the evidence in any proceeding under this subtitle.
(h) A police officer may be disciplined only for cause.
(i) (1) Within 30 days after the date of issuance of a decision of a trial board, the decision may be appealed by the employee:
(i) if the trial board is from a local law enforcement agency, to the circuit court of the county in which the law enforcement agency is located; and
(ii) if the trial board is from a statewide or bi–county law enforcement agency, to the Circuit Court for Anne Arundel County.
(2) An appeal taken under this subsection shall be on the record.
(j) A trial board decision that is not appealed is final.
Structure Maryland Statutes