5.1 Definitions

Centreville Police Department Title: Definitions Directive #: 5.1 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Definitions For the purpose of Disciplinary actions, the following definitions will apply:

ADMINISTRATIVE INVESTIGATION:

• Any inquiry initiated by command or supervisory personnel of this Department, into alleged

inappropriate or wrongful actions of another employee, which inquiry is intended to lead to an objective finding.

ADVERSE MATERIAL:

• "A law enforcement agency may not insert any adverse material as defined in Md. Code Ann. PS 3-104

(o), into any file of the officer, except the file of the internal investigation, unless the officer has an opportunity to review, sign, receive a copy of, and comment in writing upon the adverse material, unless the officer waives these rights." Therefore, in accordance with the Law Enforcement Officers' Bill of Rights, adverse material relating to a Department police employee which the employee has not

had an opportunity to review, sign, receive a copy of, and comment in writing upon, may only be maintained in the Internal Affairs files.

BRUTALITY:

• Is considered to include any situation wherein a law enforcement officer, while acting in his official

capacity, resorts to the use of force which is unnecessary in its origin and application; or if force is deemed necessary, is excessive in its application.

COMPLAINT:

• An allegation of misconduct, or a violation of Department rules of conduct, policy, or procedures

against an employee of the Agency.

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COMPLAINANT:

• The aggrieved person, a member of the aggrieved person's immediate family, or a parent or guardian

in the case of a minor child, or any person with firsthand knowledge obtained through his presence at and observation of the alleged incident.

COUNSELING:

• Supervisory counseling of subordinates is non-disciplinary action.

DEPARTMENT:

• Centreville Police Department

EMERGENCY SUSPENSION:

• A temporary suspension of police powers imposed against a law enforcement officer, with or without

loss of compensation, on authority of the Chief of Police, by a supervisory officer superior in rank when it appears that such action is in the best interest of the public and the Department.

FORMAL HEARING:

• Any proceeding conducted by a Hearing Board for the purpose of taking or receiving testimony or

receiving other evidence in connection with charges filed against a Department employee.

HEARING BOARD:

• A board authorized by the Chief of Police to conduct a hearing on a complaint. Board members may

not have participated in the investigation or interrogation of the accused law enforcement officer.

INCOMPETENCE:

• Evidence of incompetence may include, but need not be limited to, a history of poor performance

appraisals and promotional potential ratings; an aggregate of infractions of Department rules, regulations, procedures, directives or orders; a demonstrated lack of knowledge of the application of laws required to be enforced; an unwillingness or inability to perform assigned tasks; failure to conform to work standards established for the employee's rank or position; negligence resulting in duties not being performed or performed in an unacceptable manner; failure to take appropriate

action on the occasion of acrime, disorder, or other condition deserving police attention; absence without leave; unnecessary absence from the assigned patrol or place of work during a tour of duty.

Page 2 of 4 The repeated inability to perform assigned duties due to physical incapacitation brought about by an employee's excessive use of alcohol shall also be considered evidence of incompetence

LOSS OF POLICE POWERS:

• The act by which a police employee of the Department is temporarily deprived of the powers and

immunities granted him as a law enforcement officer.

NON-ENFORCEMENT DUTY STATUS:

• The status during which a police employee of the Department is temporarily deprived of the powers

and immunities granted to him as a law enforcement officer. For purposes of compensation, he shall retain his status as an employee of the Department, but shall be assigned administrative, clerical or other non-enforcement duties.

NON-SUSTAINED:

• The investigation fails to disclose sufficient evidence to clearly prove the allegations made in the

complaint. This includes unfounded, exonerated, and not-involved complaints.

PENALTIES:

• Except for summary punishment, the Department's final disciplinary authority rests with the Chief of

Police. Any supervisor or Hearing Board may recommend disciplinary action. Recommended penalties may include, but are not limited to:

 Written Reprimand  Loss of Leave  Fine  Suspension  Loss of Annual Leave  Other action which would be considered a punitive measure  Loss of Police powers  Demotion  Termination

SUMMARY PUNISHMENT :

• Summary punishment is a disciplinary measure which may be taken for minor violations of

Department rules, policy, or procedure when:

a. The facts which constitute the minor violation are not disputed.

Page 3 of 4 b. The employee accepts the punishment recommended by his supervisor and approved by the Chief of Police.

c. The employee waives the formal hearing provided for in the LEOBR.

d. When used, summary punishment may not exceed three days suspension without pay and/or a fine of $150.

SUSPENSION:

• The penalty by which a police employee of the Department is, for the purposes of compensation,

deprived of his status as an employee of the Department for one or more consecutive calendar days.

Consecutive days may be interrupted as required, by mandatory appearances before courts, regulatory agencies or administrative bodies.

SUSTAINED:

• A finding that an investigation disclosed sufficient evidence to substantiate the allegations made in the

complaint.

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