Cecil County, MD Police Accountability Board

Hold quarterly meetings with heads of law enforcement agencies and otherwise work with law enforcement agencies and the County government to improve matters of policing;

Appoint civilian members to charging committees;

Receive complaints of police misconduct filed by members of the public;

On a quarterly basis, review outcomes of disciplinary matters considered by the Administrative Charging Committee; and

Work with LEAs and the County Executive to:

Improve matters of policing by receiving complaints of police misconduct filed by the public; and

Submit a report to the Cecil County Executive and the Cecil County Council by December 31 of each year, or such other time as the County Executive designates, which identifies any trends in the disciplinary process of police officers in Cecil County and make recommendations on changes to policy that would improve police accountability in Cecil County.

§ 82-3 Administrative Charging Committee created.

There shall be a single Cecil County Administrative Charging Committee (CCACC) to serve Countywide law enforcement agencies and local law enforcement agencies within Cecil County.

The CCACC shall:

Meet whenever there is a need to oversee, manage or adjudicate an active complaint, but not less than once per calendar year;

Adopt rules of procedure and conduct for hearings that provide procedural and substantive due process, which may be amended from time to time as a majority of the CCACC may deem necessary and appropriate;

Review the findings of a LEA's complaint investigation;

Make a determination that the police officer who is subject to investigation shall be:

Administratively charged; or

Not administratively charged.

If the police officer is charged, recommend discipline in accordance with the model disciplinary matrix established in accordance with §§ 3-106 and 3-105 of the Public Safety Article of the Annotated Code of Maryland;

(6)

Review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;

(7)

Authorize a police officer called to appear before an administrative charging committee to be accompanied by a representative;

(8)

Issue a written opinion that describes, in detail, its findings, determinations, and recommendations; and

(9)

Forward a written opinion to the chief of the LEA, the police officer, and the complainant.

In executing its duties, the CCACC may:

Request information or action from the LEA that conducted the investigation, including requiring additional investigation and the issuance of subpoenas;

If the police officer is not administratively charged, make a determination that:

The allegations against the police officer are unfounded; or

The police officer is exonerated; and

Record, in writing, any failure of supervision that caused or contributed to a police officer's misconduct.

§ 82-4 Membership.

The County Executive shall post a public notice to invite persons to apply to serve on the CCPAB. Public notice shall be posted prior to initial appointments and any successive term or vacancy of a member.

To the extent practicable, the membership of the CCPAB shall reflect the racial, gender, and cultural diversity of Cecil County.

No active police officer, nor their immediate family member, nor any person that, themselves or immediate family member, fully retired from law enforcement less than two years prior to the date of appointment, may be a member of the CCPAB or CCACC.

Membership to the CCPAB and CCACC shall be restricted to County residents who have met residency requirements of at least six months and successfully pass a background check, including a criminal record check, before a nomination is forwarded to the County Council.

CCPAB and CCACC members may hold their position until their successors are appointed and approved.

Employees of Cecil County government and Cecil County municipalities which have police departments are prohibited from serving on the CCPAB or CCACC.

All members of the CCPAB and CCACC are subject to the applicable provisions of the Cecil County Code of Ethics, Chapter 39 of the Code of Cecil County, Maryland, as amended hereafter from time to time.

All members of the CCPAB and CCACC shall be an adult at least 21 years of age, not having been or be convicted, in a federal or state court of record, of a crime punishable by imprisonment exceeding one year and received a sentence of imprisonment for more than one year, unless pardoned.

No member of the CCPAB and CCACC shall have a charge pending, in a federal or state court of record, for a crime punishable by imprisonment exceeding one year.

All members of the CCPAB and CCACC must be able to comprehend spoken English and speak English, comprehend written English, read English, and write English proficiently enough to complete a standard form application for appointment satisfactorily. Reasonable accommodation shall be made for qualifying applicants in accordance with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., as amended, and its implementing regulations.

Members of the CCPAB and CCACC shall sign nondisclosure agreements and maintain confidentiality relating to all matters before the respective Board and Committee.

Members of the CCPAB and CCACC shall comply with the Maryland Open Meetings Act, General Provisions Article of the Annotated Code of Maryland, § 3-101 et seq., as amended hereafter from time to time.

With regard to the CCPAB:

The CCPAB shall be composed of five members selected by the County Executive, including a chairperson appointed by the County Executive.

A CCPAB appointment becomes operative when either the County Council votes by resolution to confirm the appointment by a three-vote majority or by operation of law if the Council fails to act within 30 calendar days from the date of introduction at legislative session.

If the Council votes to reject an appointment by a three-vote majority within the above thirty-calendar-day time frame, then the appointment fails.

Except as initially staggered, members shall serve a term of three years and shall not be eligible for reappointment after a total of six years of service on the CCPAB.

Initial terms of members shall be staggered as follows:

Two members shall serve an initial term of three years;

Two members shall serve an initial term of two years; and

(c)

The remaining members shall serve an initial term of one year.

(6)

The Chairperson of the CCPAB shall have experience relevant to the position.

(7)

Two members shall be retired, sworn law enforcement officers who retired in good standing at least years two years prior to appointment on the CCPAB, with sufficient time and responsibility of service in a Maryland law enforcement agency or federal law enforcement agency to adequately represent a law enforcement perspective.

With regard to the CCACC:

The CCACC shall be composed of five members.

The Chairperson of the CCPAB, or a member of the CCPAB designated by the Chairperson of the CCPAB, shall serve as a member of the CCACC.

The Cecil County Executive shall appoint two Cecil County civilians as members of the CCACC. The appointment becomes operative when either the County Council votes to confirm the appointment by a three-vote majority or by operation of law if the Council fails to act within 30 calendar days from the date of introduction at legislative session. If the Council votes by a three-vote majority to reject an appointment within the above thirty-calendar-day time frame, then the appointment fails.

The CCPAB shall appoint two Cecil County civilians to the CCACC by majority vote.

The members of the CCACC shall elect a chairperson annually from among its members by majority vote at each first meeting occurring on or after each July 1.

(6)

The Chairperson of the CCACC shall serve no more than two consecutive terms as the Chairperson.

(7)

Members shall serve a term of three years and shall not be eligible for reappointment after a total of six years of service on the CCACC.

(8)

Before serving on the CCACC, every member shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.

§ 82-5 Resignation and removal.

Any member of the CCPAB or CCACC may resign at any time by providing written notice to the Cecil County Executive.

In addition to the grounds set forth above, a member of the CCPAB or CCACC appointed by the Cecil County Executive may be removed in accordance with the following provisions:

The Cecil County Executive retains the authority to remove any member at any time when the member:

No longer meets any of the membership criteria in § 82-4;

Violates the Cecil County Code of Ethics;

(c)

Fails to maintain confidentiality;

(d)

Violates the State's Open Meetings Act;

(e)

Is removed upon the recommendation of a majority vote of the CCPAB when, in its discretion, the best interest of the community, Board or Commission would not be served by continued membership; or

(f)

Just cause.

The Chairperson shall notify the Cecil County Executive if a member of the CCPAB or of the CCACC misses three scheduled meetings in any twelve-month period without an excused absence. The Cecil County Executive shall remove and replace such member.

§ 82-6 Meetings and reporting.

The CCPAB shall meet no less than quarterly with heads of LEAs operating in Cecil County to:

Discuss improvements that can be made to policing;

Appoint civilian members to charging committees and trial boards;

Receive complaints of police misconduct from the public; and

On a quarterly basis, review outcomes of disciplinary matters considered by charging committees.

Each complaint of misconduct received by the CCPAB shall be forwarded within three days of receipt by the CCPAB to the appropriate LEA. If no meeting of the CCPAB is scheduled within that time frame, the Chairperson of the CCPAB shall ensure that such complaint is forwarded and report the transfer of such report to the CCPAB at its next meeting.

The CCPAB and the CCACC may meet in special meetings at the call of the Chair, or the Vice Chair in the absence of the Chair, or at the request of 2/3 of the members.

Matters considered at a special meeting are limited to the purpose and agenda contained in the notice of the meeting.

Adequate notice of all special meetings will be provided to all Board or Commission members.

Notice of all meetings of the CCPAB and the CCACC shall be in accordance with the Maryland Open Meetings Act.

All meetings are open to the public, except that the CCPAB and the CCACC may meet in closed session or adjourn an open session to meet in a closed session in accordance with the General Provisions Article of the Annotated Code of Maryland, § 3-305, as amended hereafter from time to time.

All meetings of the CCPAB shall be conducted in person and shall require CCPAB members and the public are given at least three days' notice prior to the meeting.

§ 82-7 Budget.

The Cecil County Executive shall submit and the Cecil County Council shall approve a budget for the CCPAB (which includes CCACC) that shall include:

An annual appropriation for studies and contracted services relevant to the mission of the CCPAB supported by grant assistance from Governor's Office of Crime Control and Prevention; and

May include a quarterly stipend for members in such amount as the County Executive may deem appropriate, with Council approval.

The budget will be overseen by the County Attorney.

§ 82-8 Ethics, rules, recordkeeping, and support.

Ethics.

CCPAB and CCACC members shall abide by and fully comply with the Cecil County Code of Ethics, Chapter 39 of the Code of Cecil County, Maryland, as amended from time to time.

No member of the CCPAB or CCACC shall cast a vote on any matter where a conflict of interest exists.

In any instance where the determination of a conflict of interest is uncertain, the Board or Commission shall request a determination of conflict of interest from the Cecil County Ethics Commission, which shall not be unreasonably delayed.

Rules.

For a CCPAB or CCACC meeting to occur, a quorum of at least three voting members must be present.

Notwithstanding any rules of procedure and conduct for hearings that provide procedural and substantive due process adopted by the CCACC or the CCPAB, all meetings shall be conducted in accordance with Roberts Rules of Order Newly Revised, unless they are inconsistent with the approved rules or this chapter.

There shall be one vote per member of each of the CCPAB and the CCACC. Any members serving both the Board and the Commission shall have one vote in each body. The Chair is entitled to vote on any item unless precluded by operation of the Cecil County Code of Ethics.

A tie vote "for" or "against" a motion means that a motion fails.

A motion can only succeed when at least a majority of members present vote to pass the motion, and in all cases a minimum of three or more members are required to vote to pass the motion.

Recordkeeping.

The custodian of all records of any form, including, without limitation, paper, media, and electronic, of the CCPAB shall be the County Attorney's Office, with:

Records pertaining to any administrative investigation being deposited and secured by the Office of the County Attorney; and

Records pertaining to any criminal investigation being deposited and secured by the Office of the State's Attorney.

The custodian of all records of any form, including, without limitation, paper, media, and electronic, of the CCACC shall be the County Attorney's Office, with:

Records pertaining to any administrative investigation being deposited and secured by the Office of the Cecil County Attorney; and

Records pertaining to any criminal investigation being deposited and secured by the Office of the State's Attorney.

Support.

The Office of the County Attorney shall provide support personnel as may be required by the CCPAB and CCACC.

The Office of the County Attorney shall provide legal support and administrative oversight to the CCPAB and the CCACC and will be the as record legal advisory to each.