Law Enforcement Officers Bill of Rights
MARYLAND’S LAW ENFORCEMENT BILL OF RIGHTS (LEOBR)• Two landmark Supreme Court decisions: Garrity v. New Jersey (1967) and Gardner v. Broderick (1968), identified a need to create uniform level of due process for Law enforcement officers accused of wrongdoing
• This need for a uniform level of procedural protections and the gravity of the potential harm to officers was recognized by the Maryland General Assembly who, in 1974 enacted The Law Enforcement Officers’ Bill of Rights (LEOBR)
• The LEOBR is intended to protect law enforcement officers from unreasonable investigation and persecution caused by the extraordinary circumstances often faced in the official performance of their duties
• The LEOBR also states that it does not limit the authority of the Chief to regulate the competent and efficient operation and management of a law enforcement agency by any means including transfer and reassignment
• The LEOBR protects law enforcement officers from being summarily dismissed from their jobs without explanation due to administrative or political expediency without due process
• Inherent in police work is the conflict between police and persons being arrested, who may make unwarranted complaints out of dislike for the police and/or to use as a bargaining chip for criminal charges against them. This unique situation underscores the need for fair and thorough investigations of such complaints.
• The LEOBR grants procedural rights to law enforcement officers during disciplinary investigations, interrogations and hearings that could lead to disciplinary action, demotion or dismissal
• The fact that law enforcement agencies must investigate numerous complaints against police officers underscores the importance of having provisions concerning internal affairs investigations in the LEOBR
• The LEOBR establishes an effective means for the receipt, review and investigation of public complaints against law enforcement officers that is fair and equitable to all
• While some provisions of the LEOBR may appear accommodating to law enforcement officers, they are offset by provisions that are accommodating to management such as the chief’s authority to overrule the hearing board’s recommendation regarding punishment (This may be bargained with the Chief at the local level and has been in 2 jurisdictions) and the chief's authority to select the chair of the hearing board
• The LEOBR does not protect the jobs of bad cops or officers who are unfit for duty.
• The LEOBR does not afford law enforcement officers any greater rights than those possessed by other citizens; it simply reaffirms the existence of those rights in the unique context of the law enforcement community
The findings of a trial board, or hearing board, have to be in writing and have to provide a concise statement on each issue in the case.A finding of not guilty puts the entire thing to bed.
If the hearing board makes a finding of guilt, the hearing board shall:
(i) reconvene the hearing;
(ii) receive evidence; and
(iii) consider the law enforcement officer’s past job performance and other relevant information as factors before making recommendations to the chief.
A copy of the decision or order, findings of fact, conclusions, and written recommendations for action have to be delivered or mailed promptly to the law enforcement officer or representative and the chief.
After a disciplinary hearing and a finding of guilt on any of the charges presented, the hearing board may recommend, in writing, the penalty it considers appropriate under the circumstances, including demotion, dismissal, transfer, loss of pay, reassignment, or other similar action that is considered punitive.
The decision of the hearing board as to findings of fact and any penalty is final if:
(i) the chief is an eyewitness to the incident under investigation; or
(ii) the agency or County Government has agreed with the FOP that the decision will be final.
The recommendation of a penalty by the hearing board is not binding on the chief.
Within 30 days after receipt of the recommendations of the hearing board, the chief shall:
(i) review the findings, conclusions, and recommendations of the hearing board; and
(ii) issue a final order.
The final order and decision of the chief is binding.
The chief, by law, is supposed to consider the law enforcement officer’s past job performance as a factor before imposing a penalty.
The chief may increase the recommended penalty of the hearing board if the chief personally:
(i) reviews the entire record of the proceedings
(ii) meets with the law enforcement officer and allows the law enforcement officer to be heard on the record;
(iii) discloses and provides in writing to the law enforcement officer, at least 10 days before the meeting, any oral or written communication not included in the record of the hearing board on which the decision to consider increasing the penalty is wholly or partly based; and
(iv) states on the record the substantial evidence relied on to support the increase of the recommended penalty.
https://law.justia.com/codes/maryland/2010/public-safety/title-3/subtitle-1
Law Firm
Legal Services
Greetings Brothers & Sisters,
Below is a comprehensive line by line of our pre-paid legal plan and on-duty incident plan with Schlachman, Belsky, Weiner & Davey P.A. for you, the member, to take advantage of no matter if you are active or retired*. If you need legal advice for any issue contact SBWD Law at 410-685-2022 or 1 (888) 685-2022. (Always call those numbers first for legal service) * Means for all Retired members who have paid for the legal plan.
Schlachman, Belsky, Weiner & Davey P.A.
300 East Lombard Street,
Suite 1100 Baltimore,
Maryland 21202-3245
Phone-410-685-2022 Toll Free- 1-888-685-2022 Fax-410-783-4771
Email: sbwlawfirm@aol.com
MEMBERS ALWAYS REMEMBER THE FOLLOWING:
Criminal Accusations:
- Make no statements, as you are not required to do so (written or oral) to anyone before you consult with your attorney.
- Never waive any of your Constitutional Rights or L.E.O.B.R.
Departmental Misconduct:
- You have five (5) days to obtain the services of an attorney prior to giving any statement.
- If you are ordered to give a statement without counsel, write the following:
- I have been ordered to submit this statement and failure to do so would subject me to disciplinary actions. I am not waiving any rights in submitting this statement.
Deadly Force or Excessive Force:
- Do not make any statements, verbal or written, until you have spoken with the lodge attorney.
PRE-PAID LEGAL SERVICE PLAN FOR FOP 34 ACTIVE & RETIRED MEMBERS WHO IS COVERED
The pre-paid legal plan will pay 100% with no deductibles of the legal fees for the services provided to the member and eligible beneficiaries, which include spouse and children of the member, natural or adopted, eighteen years of age and under. The plan will also provide coverage to a handicapped child of the member residing in the member's household regardless of that child's age, providing the child is wholly dependent upon the member for support and maintenance.
WHAT SERVICES ARE COVERED * Means:
Within certain defined geographical boundaries within the State of Maryland
Unlimited advice & consultation
Preparation of Last Will & Testament (Includes simple trust provisions but excludes marital trust will or probate estate.)
Domestic Relations & Family Law*
- Separation Agreements
- Uncontested Divorces
- Contested Divorces
- Uncontested Annulments
- Contested Annulments
- Child Custody cases (Prior to or concurrent with an action for divorce)
- Change of Name
- Adoption (Step Parent and Same Sex)
Criminal Law*
- Defense of Criminal Actions in the District Court of Maryland
- Defense of Traffic Violations in the District Court of Maryland
- Defense of Juvenile Court proceeding
Representation at Motor Vehicle Hearings*
- Accumulation of points for traffic convictions
- Violation of Insurance requirements relating to financial responsibility
Defense of Civil Actions in the District Court of Maryland*
Resolutions of Consumer Problems in the District Court of Maryland as Follows:*
- Excessive Interest and Late Charges
- Illegal Debt Collection Actions
- Furniture and other Personal Property Repossession
- Enforcement of Warranties
- Consumer rights problems with credit ratings
Real estate transactions (limited to primary residence of member) (primary residence is defined as that residence where the eligible participant shall reside for the greater part of a calendar year, and shall not include a resort of vacation home) as follows:*
- Representation of seller or buyer at settlement of primary residence (excludes title searches and conducting of settlement)
- Review and/or preparation of contract for the sale or purchase of primary residence
- Landlord and tenant dispute
- Review of lease for primary for residence
Preparation of Simple Legal Documents
Free Notary Service
Establishment of Birth Certificates
HOW THE PLAN WORKS
All services under the plan will be furnished by the law firm of Schlachman, Belsky, Weiner & Davey P.A. at their various offices. Normal office hours are Monday through Friday - 9:00a.m. to 5:00p.m. Appointments should be made by dialing (410) 685-2022 or our State-wide toll free number 1 (888) 685-2022. Anyone with an "emergency" at a time when the office is closed should call (410) 685-2022 or our State wide toll free number 1 (888) 685-2022 at any hour and the answering service will then page a lawyer on call from the firm and your call will be acknowledged promptly.
WHAT IS EXCLUDED**
- Any legal proceeding in which the member or his or her eligible beneficiaries are entitled to legal representation from any other source at no cost.
- Any business related ventures.
- In any action in which the interest of any member is opposed to the interest of any beneficiary, including but not limited to any action for divorce, separation agreement, annulment, child custody (prior to or concurrent with an action of divorce), only the member shall be entitled to representation.
- When both parties are members, the plan shall afford coverage only to the first member contacting the plan, and the other member(s) shall be reimbursed up to an amount of $2,000 for services rendered by another attorney for a covered service.
- The spouse and/or beneficiary who is not a member of the organization through which the plan coverage is provided will not be entitled to any legal services, consultations, or reimbursement for legal services to be rendered by another attorney in a dispute against a member. In the event that the member and his or her eligible spouse shall be separated and not be residing in the same household, then in the event, the spouse shall not be entitled to any services or benefits as provided under the terms of this plan.
- Any action deemed to be frivolous by the plan attorney.
- Preparation of income tax returns, tax matters and information.
- Class actions, interventions, amicus curiae filings, or other actions not dealing solely with personal and direct interests of the member of eligible beneficiary.
- Any legal proceeding or cause of action initiated or arising prior to the member's effective date of participation.
- Any dispute, legal proceeding or cause of action involving or initiated by a member and/or eligible beneficiary against the organization through which plan coverage is provided.
- All costs incident to covered legal services, including but not limited to:
- Court costs, filing fees, closing costs, and fees for issuance of subpoenas
- Deposition costs, transcripts, and recording fees
- Lien & Judgement reports
- Master's Fee
- Witness & Expert Testimony Fees
12. All matters in the State Circuit Courts with the exception of domestic & juvenile
matters as herein before state
13. All matters on the State Appellate Level.
14.All matters before a U.S. Federal Magistrate, United States District Court, United
States Court of Appeals or the Supreme Court of the United States.
15. All covered services to be provided under the plan shall be limited to the State of
Maryland.
WHEN DOES COVERAGE TERMINATE
All benefits available under this plan to members and their eligible beneficiaries shall terminate immediately upon the resignation from the plan, termination of membership in the FOP or death of that member including representation in all pending matters.
