Chapter 2 Flashcards
(20 cards)
When can an Administrative Hearing Board not be provided
When a sworn employee is covicted of a felony in a court of law
Probationary sworn employees are only provided hearings when?
When the allegation involves a use of force
What are Administrative Hearing Boards?
Quasi-Judicial proceedings conducted according to guidelines published by the Maryland Chiefs of Police Association.
Are the AHB’s open to the public?
Yes, although the Chairman shall exclude disruptive persons.
Is hearsay evidence allowed to be introduced?
Yes, for probative value
Ture or False:
The rules of evidence used by the courts must always be strictly followed
False
Who will the findings of the AHB be forwarded to?
The Director, OPR who will then forward them to the chief of police for review.
True or False:
The respondent has the right to be represented
True
How far in advance must a request for a continuance be made and in what form?
No less than 72 hours prior to the hearing unless it is an Emergency request. The request must be made in writing.
True or False:
Respondents will be armed during administrative proceedings
False
Who is responsible for the security of the proceedings?
The Chairman
Who designates the AHB coordinator?
The Director, IAD
True or False:
The respondent’s appearance before an AHB is optional?
True
The respondent officer shall be notified no less than ___ days prior to the hearing
30
Within ___ working days of service will the respondent notify whether they wish to appear before the AHB and who will they notify?
3, The director, IAD
True or False:
A respondent may request to waive their right to an AHB?
True, However the Chief of police may mandate an AHB
What is an Administrative Hearing Board
An administrative body that conducts hearings concerning charges that have been sustained against sworn Employees, determines findings of fact, and makes recommendations of discipline to the chief of police
True or False:
Witness fees, mileage, and expenses incurred to secure the attendance of witnesses or their testimony shall be itemized and paid by the department
True
Who does the AHB coordinator report to, and what is he responsible for
The AHB coordinator reports to the Director IAD, and he is responsible for coordinating AHBs
The Coordinator shall:
- Prepare and disseminate necessary documents
- Coordinate the scheduling of pre-trial confrences and hearings to ensure necessary accomodations, equipment and personnel are available
- act as departmental liason and assist during the hearing process
- Monitor cases with sustained findings through final disposition
- Provide timely updates to the director IAD regarding status of sustained cases in the hearing board
