§ 16-198. Hearing boards for public safety employees.

(a)

The appointing authorities of the Police, Fire, Sheriff's, and Corrections Departments shall be authorized to appoint hearing boards to hear and review conduct- or performance-related disciplinary charges against any uniformed employee occupying a public safety class of work within their respective departments, and to render recommendations to the appointing authorities as to the type of authorized disciplinary action, if any, which should be taken against any such employee. The disciplinary recommendations rendered by any such hearing board so appointed, shall be advisory in nature and the final determination as to the taking of any authorized disciplinary action in relation thereto shall rest exclusively with the appointing authorities of such departments.

(b)

In any case where the rights of uniformed employees occupying public safety classes of work within the Police and Sheriff's Departments with respect to disciplinary actions and appeals therefrom are governed by the provisions of Article 27, Sections 727 through 734A of the Annotated Code of Maryland, titled "Law-Enforcement Officers' Bill of Rights," the provisions of said statute shall apply, in lieu of the provisions of this Division, in the taking of authorized disciplinary actions against such employees, and there shall be no appeals to the Personnel Board as a result of the taking of any such disciplinary actions against any such employees as would otherwise be provided under the applicable provisions of Article XIV. However, in any case where the appointing authorities of the Police and Sheriff's Departments determine that an investigation and/or an interrogation is not necessary in order to determine whether any uniformed employee occupying a public safety class of work within their respective departments has committed an act or acts which constitute grounds for disciplinary action under the provisions of Sections 16-193 and 16-194, then, and in such event, said appointing authorities may take any of the disciplinary actions authorized under Sections 16-193 and 16-194 without appointing a hearing board in advance thereof, and any employee's appeal from any such disciplinary action shall be taken in accordance with the applicable provisions of Article XIV.

(CB-1-1976; CB-100-1994)