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Review of Police Disciplinary Procedures in Maryland and Other States Review of Police Disciplinary Procedures in Maryland and Other States

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Review of Police Disciplinary Procedures in Maryland and Other States Review of Police Disciplinary Procedures in Maryland and Other States Review of Police Disciplinary Procedures in Maryland and Other States Review of Police Disciplinary Procedures in Maryland and Other States Project X-47 Prepared by Jeanne E. Bilanin Institute for Governmental Service University of Maryland Center for Applied Policy Studies 4511 Knox Road, Suite 205 College Park, Maryland 20742 June 1999 Contents Acknowledgments ..............................................................ii Executive Summary ............................................................ iii Introduction ...................................................................1 Current Law in Maryland ...................................................1 1997 Proposal to Change Current Maryland Law .................................5 Study Methodology .......................................................5 Comparison of State Statutes ......................................................8 Officers Covered by Statutory Provisions .......................................8 Requirements Concerning Internal Investigations .................................10 Requirements Concerning Disciplinary Procedures ...............................15 Hearing Requirements ....................................................15 Hearing Board Composition ................................................18 Selection of Hearing Board Members .........................................21 Effect of Decision ........................................................22 Appeals ...............................................................25 Maryland Compared to Other States .........................................26 Disciplinary Hearing Practices in Maryland Police Agencies ...............................28 Composition and Conduct of Hearing Boards ...................................28 Prevalence of Hearing Boards ..............................................30 Hearing Board Outcomes ..................................................32 Punishment Imposed by Chief ...............................................34 Summary ....................................................................40 Appendices Appendix A. State Statutes that Address Police Disciplinary Procedures ................... A-1 Appendix B. Survey of Police Disciplinary Practices in Maryland .........................B-1 Appendix C. Responses to Survey Questions 1 and 2 ................................. C-1 Appendix D. Responses to Survey Questions 3 through 6 .............................. D-1 Appendix E. Cases in Which Chief Imposed Different Punishment than Recommended .........E-1 Appendix F. Responses to Survey Addendum .......................................F-1 i Acknowledgments The author would like to thank the Maryland Association of Counties, the Maryland Chiefs of Police Association, the Maryland Municipal League, and the Maryland Sheriffs Association for encouraging their members to participate in the survey of police discipline practices. Special thanks go to the Maryland Chiefs of Police Association for its review and suggestions regarding survey questions and to all the police agencies that responded to the survey. ii Executive Summary At the request of the Maryland Association internal investigations, such as limitations on the of Counties and the Maryland Municipal League, time, place and duration of an interrogation. The the Institute for Governmental Service at the statute also protects the officer’s right to obtain University of Maryland documented and certain information and to have an attorney compared the provisions of statutes in other present. When a complaint against a police states to Maryland’s Law Enforcement Officers’ officer is sustained by the internal investigation, Bill of Rights (LEOBR) and determined how the Maryland’s LEOBR statute entitles the officer to provisions of Maryland law regarding disciplinary a hearing before a board of sworn officers procedures have actually been implemented. The selected by the chief. (For minor offenses, the research was undertaken in anticipation of the board may be a single officer.) Police agencies reintroduction of amendments to Maryland’s and officers may enter into collective bargaining LEOBR statute that would reduce the authority agreements that permit an alternate method of of police chiefs. forming the hearing board. The statute also The study methodology involved a review of contains requirements for the conduct of the the statutes in all 50 states and the District of hearing. Columbia and a mail survey of the 117 police Once a hearing board has rendered a agencies in Maryland that were subject to decision regarding an officer’s guilt or innocence, LEOBR. One hundred and six police agencies that decision is binding. For cases in which the responded to the survey. finding is guilt, the hearing board makes a punishment recommendation, which the chief may accept or reject, unless the agency and officers Current Maryland Law have a collective bargaining agreement that makes the hearing board’s punishment Maryland law concerning police disciplinary recommendation binding on the chief. If the chief procedures appears under the subtitle “Law decides to impose a more severe punishment than Enforcement Officers’ Bill of Rights” in Article the hearing board recommended, the chief must 27, Sections 727 through 734D of the Annotated document the reasons for that decision. Code of Maryland. It extends uniform protections to officers in a broad list of local and state police agencies. The LEOBR statute covers Laws in Other States two major components of the disciplinary process: (1) the conduct of internal investigations The provisions of other state laws regarding of complaints that may lead to a recommendation police discipline vary widely from the Maryland of disciplinary action against a police officer, and law and from each other in the set of police (2) procedures that must be followed once an agencies subject to the provisions, whether both investigation results in a recommendation that an internal investigations and disciplinary actions are officer be disciplined. addressed, the protections afforded during Maryland’s LEOBR statute offers a fairly internal investigations, the types of disciplinary extensive set of protections to officers during actions covered, and the specific processes and iii procedures required for disciplinary matters. In certain other police agencies are composed many states, different provisions apply to different entirely of sworn officers. police agencies and some categories of police Other variations of hearing board agencies (e.g., sheriffs departments) are not composition are police oversight boards covered by the law at all. In some states, composed of public officials including those in although the provisions are a part of state law, law enforcement, the local governing body, the they do not apply to a given local police agency agency with appointing and removal authority, unless adopted by the local government. grievance committees, arbitrators and judges. Only 15 states besides Maryland have Some state laws permit the composition of the statutes that cover the conduct of internal hearing board to be determined locally, while investigations. Most of these statutes provide others do not even address the composition of fewer protections for officers than are contained the hearing board. in the Maryland law. The variety in hearing board composition State laws that require hearings in police corresponds to the variety of methods by which disciplinary cases are split about evenly between hearing board members are selected. In states those that require a hearing prior to imposition of that specify that civilian merit boards conduct the discipline (a trial board) and those that require a disciplinary hearing, a common method for hearing at the request of the officer once a appointing the board is for the local governing disciplinary action has been taken (an appeal body or executive to select the members. In board). some states that provide for civilian merit boards The composition of hearing boards specified or police oversight boards to hear police in state law also varies from state to state and disciplinary cases, the governor is involved in the within some states by category of police agency. selection of members. Regarding police agencies The most common type of hearing board is a for which the local governing body serves as the civilian civil service commission or merit board, hearing board, the electorate is responsible for its generally composed of residents of the selection. community appointed for fixed terms. Under Among the 12 states that specify hearing some statutes, these boards are general civil boards composed of sworn officers, the accused service commissions that establish personnel officer has a role in the selection of the hearing policies and handle discipline for other public board members in four states (Florida, Rhode employees as well as police officers. Under other Island, Vermont and Virginia). Delaware's statute statutes, the boards are specifically constituted to does not address how hearing board members handle police personnel issues, including are selected. In the other seven states, including disciplinary actions. Maryland, statutes provide for the agency head Like hearing boards in Maryland, the boards to select all members of the hearing board. specified by statute for all covered agencies in Unlike Maryland’s law, most statutes provide Delaware, Florida, Rhode Island and Virginia are that hearing board decisions regarding both guilt composed
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