GOM Vol I: Chapter 2 Flashcards
When are probationary sworn employees provided hearings?
When the allegations involve the use of force.
What is an Administrative Hearing Board?
- An administrative body
- That conducts hearing
- Concerning charges that have been sustained against sworn employees,
- determinines findings of fact
- Makes recomendations of discipline to the chief
Which guidelines govern AHB’s? What is that atmosphere?
The Maryland Chiefs of Police Association.
In an atmosphere that affords a degree of formality.
Are AHB’s open to the public?
Yes.
What shall be done to disruptive persons at an AHB? By whom?
- They shall be excluded from the proceedings
- By the AHB chairman
Are rules of evidence used by Courts followed in an AHB?
-No, rules of the Courts need not be strictly followed.
How shall decisions, orders, or actions of an AHB be rendered?
-In writing and accompanied by findings of fact.
To whom shall findings of fact of an AHB be rendered?
- the Director, OPR,
- who shall forward them to the Chief of Police for review
To whom does the Chief send his determinations, accompanying findings, and conclusions with recomendations for actions?
-To the respondent or their representative
Must a respondent appear before an AHB?
No. A respondent’s appearance is optional
When must a respondent be notified of an AHB?
30 days prior.
Notified in writing of the AHB and thecharges to be presented.
When must a respondent notify the Director, IAD whether they wish to appear before the AHB in their defense?
Within three (3) working days of service.
How must a respondent notify the Director of IAD that they wishes to appear before the AHB in their defense?
It does not specify?
What must a respondent do if they do not wish to appear before an AHB?
Sign and forward a waiver to the Director, IAD
Who may represent the respondent?
An individual of the respondent’s choosing
They may call defense witnesses and cross examine prosecution witnesses
May an officer waive their right to an AHB?
Yes, they may request discipline by the Chief of Police directly
Is the Chief of Police bound by a respondent’s request to waive an AHB and be judged by the Chief directly?
No, approval of the waiver is at the discretion of the Chief sho may mandate an AHB even if the respondent chooses not to attend.
Is notice to appear before an AHB a direct order?
Yes
What is the charge for failure to respond to a request to appear before an AHB?
Insubordination
