§ 18-186.08. Duties of the Panel.

(a)

For every investigation alleging 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, the Panel, subject to the provisions of State law, shall review the complete internal affairs investigation.

(b)

All testimony, information or material obtained or created by the Panel shall be considered confidential and shall not be disclosed except in the performance of its functions.

(c)

No later than thirty (30) working days after the completion of the internal affairs investigation report, the Panel shall review the reports received and shall issue to the Chief of Police a written report as to the completeness and impartiality of the reports together with any of the following conclusions for each allegation in a complaint:

(1)

Sustained. A preponderance of the evidence proves that the alleged act or acts occurred and that the act or acts violated Department policy or procedure;

(2)

Not Sustained. The evidence fails to prove or disprove that the alleged act or acts occurred.

(3)

Proper Conduct. The evidence proves that the alleged act or acts occurred; however, the act or acts were justified, lawful, and proper.

(4)

Unfounded. The evidence proves that the alleged act or acts did not occur or that the accused law enforcement officer was not involved.

(5)

Panel Investigation. If, in the judgment of the Panel, substantive issues have not been adequately or impartially addressed by the investigation of complaints by the Internal Affairs Division, the Panel may conduct its own investigation.

(6)

Remand to Chief of Police. The Panel may defer disposition to remand a complaint back to the Chief of Police for further investigation and/or additional reports.

(d)

Upon written application to the Chief of Police and for good cause shown, the Chief of Police may grant an extension of time, not to exceed ten (10) additional working days, to the Panel to complete its review and report. If the Panel is unable to complete its review and report within the time allowed, including any extension granted by the Chief of Police, then the internal affairs investigation report shall be forwarded to the Chief of Police without comment for action as provided in Section 18-186.06(e).

(e)

The Panel shall base its comments and conclusions on the investigative reports. The Panel may request the internal affairs investigator to attend the Panel meetings to provide clarification, if needed, of any material in the respective reports of investigation.

(f)

The Panel may conduct its own investigation independently from, but concurrently with, the internal affairs investigation.

(g)

The Panel may, upon a majority vote of the members present, apply to the County Council for the issuance of subpoenas upon any person to require such person to attend, testify under oath, and produce documents and records regarding the subject of any investigation by the Panel in accordance with the Annotated Code of Maryland. A complete record, either written, taped, or transcribed, shall be kept of a person's testimony. All testimony, information and material obtained or created by the Panel during its investigation will be sent to the Chief of Police for consideration.

(h)

The Administrator of the Panel shall advise the Panel on all legal issues, including, but not limited to, rules of evidence and confidentiality of information. The Panel shall protect confidentiality but may otherwise make public its comments and conclusions no sooner than one (1) business day after submitting its report to the Chief of Police.

(i)

Upon direction of the Chairperson of the Panel, a member or staff of the Panel shall observe the proceedings of a hearing board, if one is convened.

(j)

The Panel shall report its comments and conclusions in writing to the Chief Administrative Officer in each case in a timely manner.

(k)

The Panel shall make public an annual report of its activities. The annual report shall contain summary reports of case conclusions, a statistical analysis of cases by type and disposition, including discipline imposed, any recommendations for policy changes, recruitment, supervision, operational procedures and training, and any other information that the Panel deems appropriate.

(l)

The Panel shall inform the complainant of the following in a timely manner:

(1)

Notice of the time and location of any hearing board; and

(2)

Final disposition of a complaint.

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