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
