EXPLANATION:
C
APITALS INDICATE MATTER ADDED TO EXISTING LAW
.
[
Brackets
]
indicate matter deleted from existing law.
*hb1245*
HOUSE BILL 1245
E4 8lr2168By:
Cecil County Delegation
Introduced and read first time: February 8, 2008Assigned to: AppropriationsA BILL ENTITLEDAN ACT concerning
Cecil County – Correctional Officers’ Bill of Rights Act
FOR the purpose of providing for certain rights of a correctional officer in Cecil Countyrelating to employment, investigation, and discipline under certaincircumstances; providing for the procedures for the investigation orinterrogation of a correctional officer; establishing procedures for an applicationfor a show cause order under certain circumstances; establishing a certainlimitation on administrative charges against a correctional officer in CecilCounty; providing for procedures for a hearing board for an investigationagainst a correctional officer in Cecil County; providing for expungement of arecord of a formal complaint against a correctional officer in Cecil County undercertain circumstances; providing for certain disciplinary actions against acorrectional officer in Cecil County under certain circumstances; providing thatthis Act supersedes inconsistent provisions of any other State or local law thatconflicts with this Act to the extent of the conflict; providing for the effect of thisAct in relation to the duties of a managing official; prohibiting certain falsestatements; establishing a criminal penalty for providing a false statement tocertain persons; providing for the scope of this Act; defining certain terms; andgenerally relating to rights of a correctional officer in Cecil County.BY adding toArticle – Correctional ServicesSection 11–1001 through 11–1014 to be under the new subtitle “Subtitle 10.Correctional Officers’ Bill of Rights”Annotated Code of Maryland(1999 Volume and 2007 Supplement)SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OFMARYLAND, That the Laws of Maryland read as follows:
Article – Correctional Services
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2
HOUSE BILL 1245
S
UBTITLE
10. C
ORRECTIONAL
O
FFICERS
’ B
ILL OF
R
IGHTS
.11–1001.(
A
) I
N THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGSINDICATED
.(
B
) “C
ORRECTIONAL OFFICER
”
HAS THE MEANING STATED IN
§ 8–201
OF THIS ARTICLE
.(
C
) (1) “H
EARING
”
MEANS A PROCEEDING DURING ANINVESTIGATION CONDUCTED BY A HEARING BOARD TO TAKE TESTIMONY ORRECEIVE OTHER EVIDENCE
.(2) “H
EARING
”
DOES NOT INCLUDE AN INTERROGATION ATWHICH NO TESTIMONY IS TAKEN UNDER OATH
.(
D
) “H
EARING BOARD
”
MEANS A BOARD THAT IS AUTHORIZED BY THEMANAGING OFFICIAL TO HOLD A HEARING ON A COMPLAINT AGAINST ACORRECTIONAL OFFICER
.(
E
) “I
NTERNAL INVESTIGATION UNIT
”
MEANS THE INTERNALINVESTIGATION UNIT OF A CORRECTIONAL FACILITY CHARGED WITH THEINVESTIGATION OF COMPLAINTS WITHIN A CORRECTIONAL FACILITY
.11–1002.T
HIS SUBTITLE APPLIES ONLY IN
C
ECIL
C
OUNTY
.11–1003.(
A
) E
XCEPT AS OTHERWISE PROVIDED
,
THE PROVISIONS OF THISSUBTITLE SUPERSEDE ANY INCONSISTENT PROVISIONS OF ANY OTHER
S
TATEOR LOCAL LAW THAT CONFLICTS WITH THIS SUBTITLE TO THE EXTENT OF THECONFLICT
.(
B
) T
HIS SUBTITLE DOES NOT LIMIT THE AUTHORITY OF THEMANAGING OFFICIAL TO REGULATE THE COMPETENT AND EFFICIENTOPERATION AND MANAGEMENT OF A COUNTY CORRECTIONAL FACILITY BY ANYREASONABLE MEANS INCLUDING TRANSFER AND REASSIGNMENT IF
:(1)
THAT ACTION IS NOT PUNITIVE IN NATURE
;
AND
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HOUSE BILL 1245
3
(2)
THE MANAGING OFFICIAL DETERMINES THAT ACTION TO BEIN THE BEST INTERESTS OF THE INTERNAL MANAGEMENT OF THECORRECTIONAL FACILITY
.11–1004.(
A
) (1) E
XCEPT AS PROVIDED IN PARAGRAPH
(2)
OF THISSUBSECTION
,
A CORRECTIONAL OFFICER HAS THE SAME RIGHTS TO ENGAGE INPOLITICAL ACTIVITY AS A
S
TATE EMPLOYEE
.(2) T
HE RIGHT OF A CORRECTIONAL OFFICER TO ENGAGE INPOLITICAL ACTIVITY DOES NOT APPLY WHEN THE CORRECTIONAL OFFICER ISON DUTY OR ACTING IN AN OFFICIAL CAPACITY
.(
B
) A
MANAGING OFFICIAL
:(1)
MAY NOT PROHIBIT SECONDARY EMPLOYMENT BY ACORRECTIONAL OFFICER
;
BUT
(2)
MAY ADOPT REASONABLE REGULATIONS THAT RELATE TOSECONDARY EMPLOYMENT BY A CORRECTIONAL OFFICER
.(
C
) A
CORRECTIONAL OFFICER MAY NOT BE REQUIRED OR REQUESTEDTO DISCLOSE AN ITEM OF THE CORRECTIONAL OFFICER
’
S PROPERTY
,
INCOME
,
ASSETS
,
SOURCE OF INCOME
,
DEBTS
,
OR PERSONAL OR DOMESTICEXPENDITURES
,
INCLUDING THOSE OF A MEMBER OF THE CORRECTIONALOFFICER
’
S FAMILY OR HOUSEHOLD
,
UNLESS
:(1)
THE INFORMATION IS NECESSARY TO INVESTIGATE APOSSIBLE CONFLICT OF INTEREST WITH RESPECT TO THE PERFORMANCE OFTHE CORRECTIONAL OFFICER
’
S OFFICIAL DUTIES
;
OR
(2)
THE DISCLOSURE IS REQUIRED BY FEDERAL OR
S
TATE LAW
.(
D
) A
CORRECTIONAL OFFICER MAY NOT BE DISCHARGED
,
DISCIPLINED
,
DEMOTED
,
OR DENIED PROMOTION
,
TRANSFER
,
ORREASSIGNMENT
,
OR OTHERWISE DISCRIMINATED AGAINST IN REGARD TO THECORRECTIONAL OFFICER
’
S EMPLOYMENT OR BE THREATENED WITH THATTREATMENT BECAUSE THE CORRECTIONAL OFFICER
:(1)
HAS EXERCISED OR DEMANDED THE RIGHTS GRANTED BYTHIS SUBTITLE
;
OR
(2)
HAS LAWFULLY EXERCISED CONSTITUTIONAL RIGHTS
.
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