§ 11-10. Administrative charging committee.

(a) Establishment.

There is an Administrative Charging Committee for the City.

(b) Composition; qualifications; training.

(1) Composition.

The Committee comprises 5 members, of which:

(i) 1 is the Chair of the Police Accountability Board, or another member of the Board designated by the Chair;

(ii) 2 are civilian members appointed by the Police Accountability Board; and

(iii) 2 are civilian members appointed by the Mayor.

(2) Qualifications.

(i) Diversity of membership.

To the extent practicable the membership of the Board shall reflect the racial, gender identity or expression, sexual orientation, socioeconomic, and cultural diversity of the City.

(ii) In general.

Each member of the Committee must be a resident of the City of Baltimore.

(3) Training.

Before serving as a member of the Committee, a person must receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.

(1) Term.

(i) Each member of the Committee serves a 3-year term.

(ii) A member of the Committee may not serve more than 2 consecutive full terms.

(iii) A member of the Committee appointed to fill a vacancy serves the rest of the unexpired term.

(iv) A members of the Committee continues in office until his or her successor is appointed and qualified.

(2) Removal.

The Mayor may remove a member for:

(i) neglect of duty;

(ii) misfeasance, malfeasance, or nonfeasance;

(iii) a member's inability or unwillingness to perform the duties of the office;

(iv) conduct that impairs a member from performing the duties of the office;

(v) a conviction of a felony or a crime relevant to a member's credibility for which the penalty and sentence has not been fully satisfied; or

(vi) inability to meet the qualifications for a Committee member mandated by City or Stat law, or implementing regulations.

(3) Compensation.

The members of the Committee:

(i) serve with compensation, as provided for in the Ordinance of Estimates or supplementary appropriation legislation; and

(ii) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates or supplementary appropriation legislation.

(d) Chair.

(1) The Committee shall elect a Chair from among its members at the first meeting occurring on or after July 1.

(2) The Chair of the Committee may not serve more than 2 consecutive full terms.

(e) Meetings; quorum; voting.

(1) In general.

The Committee shall meet once per month or as needed.

(2) Quorum; voting.

(i) A majority of the members of the Committee constitutes a quorum for the transaction of business.

(ii) An affirmative vote by the majority of a quorum is needed for any official action.

(f) Duties.

The Committee must:

(i) review the findings of each law enforcement agency's investigation forwarded by the agency to the Committee;

(ii) review any body camera footage that may be relevant to the matters covered in the complaint of police misconduct;

(iii) authorize a police officer called before the Committee to be accompanied by a representative;

(iv) within 30 days after receipt of the law enforcement agency's investigatory file, unless the Committee requests further review under subsection (g) of this section, determine if the police officer who is the subject of the charged investigation should be administratively charged or not administratively charged;

(v) if the Committee determines that a police officer should be administratively charged, recommend discipline pursuant to the disciplinary matrix;

(vi) if the Committee determines that a police officer should not be administratively charged, make a determination that:

(A) the allegations against the police officer are unfounded, or

(B) the police officer is exonerated;

(vii) issue a written opinion for each complaint describing in detail the Committee's findings, determinations, and recommendations; and

(viii) forward the written opinion to the Chief of the appropriate law enforcement agency, the accused police officer, and the complainant.

(g) Authority of the Committee.

The Committee has the authority to:

(i) request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation;

(ii) issue subpoenas for documents or witnesses necessary to execute the Committee's duties; and

(iii) record, in writing, any failure of supervision that caused or contributed to the officer's police misconduct.

(h) Law enforcement agency - delivery of investigatory files.

On completion of an investigation of a complaint of police misconduct involving a member of the public and a police officer, regardless of whether the complaint originated from within the law enforcement agency or from an external source, the law enforcement agency shall forward to the Committee the investigatory files for the matter.

(i) Confidentiality.

Each member of the Committee must maintain confidentiality relating to the matter being considered by the Committee until the final disposition of the matter.