§ 18-186.06. Duties of Chief of Police.

(a)

The Chief of Police shall notify the Panel within twenty-four (24) hours or the next business day after a law enforcement officer discharged a firearm in an attempt to strike or control another person regardless of whether injury occurs, accidentally discharged a firearm, a person dies during a law enforcement officer's use of force or while in the custody of a law enforcement officer, or a law enforcement officer or other person has filed a complaint with the Prince George's County Police Department or the Citizen Complaint Oversight Panel regarding the conduct of a law enforcement officer.

(b)

The Chief of Police shall promptly send to the Panel a copy of every signed complaint against a law enforcement officer. The copy of the complaint shall be accompanied by a statement indicating whether the Internal Affairs Division will conduct a full investigation of the alleged incident.

(c)

Within twenty-four (24) hours or the next business day after receipt, subject to the provisions of State law, the Chief of Police shall send to the Panel a complete copy of the report of the internal affairs investigation of every case that a law enforcement officer discharged a firearm in an attempt to strike or control another person regardless of whether injury occurs, accidentally discharged a firearm, a person dies during a law enforcement officer's use of force or while in the custody of a law enforcement officer, or a law enforcement officer or other person has filed a complaint with the Prince George's County Police Department or the Citizen Complaint Oversight Panel regarding the conduct of a law enforcement officer, and shall notify the Panel that the investigation has been completed.

(d)

If the Chief of Police determines that the disclosure of information to the Panel mandated under subsections (a) through (c) would reasonably be expected to compromise or impede a pending criminal or internal affairs investigation, within twenty-four (24) hours or the next business day after receipt of the information, the Chief of Police may petition the County Executive or his designee for a temporary exemption. Such a petition shall be in writing, must contain all information that subsections (a) through (c) requires to be disclosed to the Panel and shall provide specific facts demonstrating that the disclosure would reasonably be expected to compromise or impede the pending investigation. The County Executive or his designee shall respond in writing and may grant a temporary exemption from the mandated disclosures of no longer than thirty (30) days. At the expiration of a temporary exemption, the Chief of Police may renew his petition and the County Executive or his designee may grant additional temporary exemptions of no longer than thirty (30) days every time the petition is renewed.

(e)

The Chief of Police shall direct the internal affairs investigator to attend, upon request of the Panel, the meeting of the Panel for the purpose of providing clarification of any information in the report.

(f)

The Chief of Police shall give due consideration to the comments and conclusions of the Panel, and shall instruct the Internal Affairs Division to continue the investigation if, in the judgment of the Chief of Police, substantive issues have not been adequately or impartially addressed.

(g)

After the Chief of Police has reviewed the comments and conclusions of the Panel, the Chief of Police may proceed to act upon the recommendations of the Internal Affairs Division in accordance with the provisions of Article 27, Sections 727 through 734D of the Annotated Code of Maryland.

(h)

The Chief of Police shall provide copies of the following to the Panel concurrent with service, transmittal, or notice to a law enforcement officer:

(1)

All administrative charges served upon a law enforcement officer;

(2)

All notices of hearing boards or suspension hearings served upon a law enforcement officer;

(3)

All notices of suspension of police powers and/or pay served upon a law enforcement officer;

(4)

All reports of the hearing board transmitted to the Chief of Police; and

(5)

All notices of disciplinary action issued by the Chief of Police.

(i)

The Chief of Police shall notify the Panel within two (2) working business days of the final disposition of the case.

(CB-25-1990; CB-59-2001)