Common use of Law Enforcement Officers’ Xxxx of Rights Clause in Contracts

Law Enforcement Officers’ Xxxx of Rights. 1. Any “law enforcement officer” as defined in Section 3-101 of the Law Enforcement Officer’s Xxxx of Rights (“LEOBR”, Public Safety Article, Section 3-101 et seq., Annotated Code of Maryland) who is the subject of a sustained complaint involving proposed punishment which is not summary punishment pursuant to the LEOBR §3-111, may elect the alternate method of forming a hearing board. Said alternate method is not available with regard to a hearing convened pursuant to LEOBR §3-111. 2. The officer shall make such election in writing using the Notice of Election of Hearing Board form (attached and made a part of this agreement as Appendix K). In making such election, the officer shall waive his/her right to the formation of a hearing board pursuant to LEOBR §3-107(c)(1) & (2). Such Notice of Election of Hearing Board form must be: completed by the officer; approved by the FOP Lodge 35; and delivered to the chief of police or designee within seven (7) calendar days after the date upon which the officer receives the notice of a sustained complaint together with the form. 3. The alternate method of forming a hearing board shall be as follows: a. The board shall consist of 3 members: two (2) law enforcement officers and a neutral chairperson. The chairperson shall be chosen from a standing panel of arbitrators main- tained for such purpose by the County and FOP Lodge 35. The chairperson shall be selected to hear cases in rotation in the order their names appear. If the arbitrator slated to hear a case cannot hold the hearing within a reasonable time, the next arbitrator shall be selected. b. The chief shall appoint one (1) law enforcement member, and the FOP Lodge 35 the other. These appointments shall be announced simultaneously, without undue delay. The law enforcement member appointed by FOP Lodge 35 shall be scheduled to day work for the duration of the hearing board. c. No member of the hearing board shall in any way be involved in, or a witness to, any incidents which are the subject to the complaint before them. d. Except as provided in subparagraph (e), FOP Lodge 35’s choice of a law enforcement member shall be any member in the bargaining unit; and The chief’s choice may be any law enforcement officer in the rank of sergeant or above. Therefore, it is not required that either law enforcement member be of the same rank as the accused officer. e. If the chief of police decides to select a law enforcement member from another law enforcement organization, the FOP Lodge 35 shall receive sufficient notice in time to select a law enforcement member from another law enforcement organization, if it so desires. FOP Lodge 35’s choice of a law enforcement member shall be of a rank comparable to the ranks within the collective bargaining unit. 4. The fee and expenses of the neutral chairperson of the board shall be borne equally by the Department of Police and FOP Lodge 35. 5. The written decision of a hearing board formed under this section shall be final pursuant to LEOBR §3-108(c)(1)(ii), in effect as of 1/30/07. 6. Any controversy concerning this Section, excluding paragraph 5, supra, may be submitted to the chairperson of the hearing board for his/her hearing and/or decision. Such decision of the chairperson shall be contested pursuant to LEOBR Sections 3-105 or 3-109, as applicable.