The below links will allow you to see the final enrolled version of the Police Reform Bills. These versions will let you see all that was done to the bills. It has all the major additions and subtractions that were made to the bills. The final version is the uncrossed out portions. A clean copy of the bills will not be available until they become actual law.
HB670 LEOBR , MPTC, Miscellaneous other sections
SB71 BWC, Mental Health, Use of Force
SB178 No Knock Warrants, MPIA
SB600 Military Surplus, Investigations of Deaths caused by Police Officers
Please contact members of the Senate and House Judiciary Committee Immediately!
We must oppose this legislation and protect our fallen heroes!
The Baltimore County Fraternal Order of Police consisting of approximately 3,200 members and their families vehemently oppose HB385 and SB395 – Felony Murder- Limitation and Review of Convictions for Children and SB494 and HB409 Juveniles Convicted as Adults- Sentencing-Limitations and Reduction. These bills create yet another post-conviction right that further drags victims to court and prevents any finality to a criminal case.
On 5/21/18, four juveniles went on a burglary spree in Baltimore County, utilizing a stolen vehicle from a burglary on a previous day. During one of the burglaries, one of the juveniles killed Baltimore County Police Officer Amy Caprio with the stolen vehicle. That driver, Dawnta Harris (16 years old), was arrested while trying to flee the neighborhood. He had an extensive criminal record and is a repeat offender. The other three juveniles were able to flee the area on foot after stealing a handgun during that burglary, which resulted in several nearby schools being placed on a lock down status for several hours. Harris murdered Officer Caprio to protect his friends who were burglarizing a residence. Officer Caprio paid the ultimate sacrifice for doing her job.
Dawnta Harris’ mother had previously plead for assistance from the state juvenile system, stating that she could not control her son and that he was likely to seriously injure or kill someone. Unfortunately, she was correct. This murder doesn’t just effect Officer Caprio’s husband, her parents and extended biological family but her extended family she gained by the virtue of being a Police Officer, including the Baltimore County Police Department and the entire police community from around the State of Maryland.
Unfortunately, many members of the Maryland General Assembly do not want to face the fact that some “children” commit such violent actions, they cannot be excused for any reason including their age. Sadly, our members witness this all too often. Early intervention is when resources are needed for juvenile offenders. Not after thee commission of such heinous acts. Victim’s families and police Officers from around the State must endure the burden of going through pre-trial hearings, the trial, sentencing if convicted and all post trial hearings. Changes to this law would “add salt to the wound” of every victim of a crime fitting this criterion but even more to the brave men and women who leave home for a job, knowing they may never return home because they too may have to make the ultimate sacrifice.
On 5/14/08 Baltimore County Police arrested Lewin Powell (16 years old) for beating his mother to Death. Upon Powell’s father returning home, he assaulted his father with a baseball bat. The horrific thought of Powell killing his mother and then waiting for his father to return home to kill him is unfathomable.
Again, with the numerous rights afforded to criminal defendant’s post-conviction, this legislation continues the legal process for the defendant, preventing finality for the family. In this case the defendant’s father, lost his wife, was a victim himself, and lost his son who carried an unthinkable murder/attempted murder.
Our members urge you to vote NO to SB395 and HB385 and SB494 and HB409 as Defendants have so many rights now, they do not need or deserve one more.
Baltimore County FOP Lodge #4
Common misconceptions about The Law Enforcement Officers Bill of Rights (LEOBR) have continued to spread and grow as police reform remains one of this legislative session’s prominent issues. For years, the Baltimore County FOP Lodge #4 has been committed to enforcing responsible policing and accountability across our county and state. Irresponsible policing is not a result of LEOBR, but rather, years of policy failures by management.
For example, methods like Broken Windows Policing, introduced in 1982, which argued that maintaining order by policing low-level offenses could prevent more serious crimes, incident-driven policing in the early 1990’s, and zero tolerance policing in the late 1990’s and early 2000’s (both implemented by legislative bodies and chiefs), have resulted in damaged relationships with the citizens officers are meant to protect.
To be clear, these decisions were not made by rank-and-file officers. They were conceived and enforced by those in command positions. Commanders draft all policies, strategies, and methods. As a result of many of these failed initiatives, law enforcement officers today are paying the price for antiquated policies they were required to enforce. Instead of blaming rank and file officers, commanders should be held accountable for many of the failures we are witnessing.
For additional context, the LEOBR was implemented in 1974 to prevent police chiefs from terminating officers indiscriminately for political expediency or personal bias – not to protect bad cops. We have seen examples of this in the recent lawsuit brought against the Maryland State Police by a group of African American officers. The LEOBR was implemented to expose unbiased truth in investigations, not to achieve a desired result. Simply put, the system is not broken. Today, agencies mismanage the process and then blame the LEOBR to cover for their broad incompetence. Eliminating the LEOBR in the name of police reform is a disservice to the overwhelming number of law enforcement officers who perform their duties honorably and professionally.
Police reform is essential. However, meaningful reform will not happen with the elimination of a fair, due process system with 47 years of case law to support it. It is, however, the implementation of practices that promote community engagement, conversation, and interaction between law enforcement and those they serve, that will promote positive change. The removal of this process will have unintended consequences. Already, too many good officers are choosing to resign, and others interested in serving suggest some level of discouragement or concern about joining the profession.
Officers are not perfect. Like all humans, they cannot operate under the expectation of perfection and infallibility. No one can. It’s time to come together to discuss how we can make real change. A solution can only be accomplished through honest dialogue around accountability, safety, and devotion to those we serve.
FOP Lodge #4
This a document that talks about the Maryland Law Enforcement Officer’s Bill of Rights (LEOBR) and explains the purpose for the creation of the bill and guides you through the different sections of the LEOBR.
It will show the bills limitations and give facts to dispel the misinformation that has been spoken about in different media, social media and political formats. Please take a few moments to learn the truth about this landmark piece of legislation.
Brothers and Sisters,
As most of you are aware, the Law Enforcement Officers’ Bill of Rights (LEOBR) is in danger of being eliminated this year in the Maryland General Assembly (MDGA). This statute gives you the right to fair due process when a complaint of misconduct has been made against you. Numerous Senators and delegates are working to repeal this provision in state law. Instead of having this structured fair process as outlined in the LEOBR, they are working on legislation that would give Police Chiefs and Sheriffs the absolute authority to discipline and/or terminate with out a fair hearing. The ACLU, in conjunction with the Maryland Chiefs of Police Association have seized this opportunity to attempt to eliminate what little due process you have and obtain more authority for themselves.
FOP Lodge 4 and other lodges across Maryland are working diligently to prevent this from occurring. The State FOP has contracted with a reputable Public Relations Firm to assist with traditional and social media platforms and messaging. We have the www.keepmarylandsafe.com website which has helped with over 40,000 emails being sent by our members to the representatives in the MDGA. We have had individual and group meetings with many senators and delegates. However, we need you and everyone you know to start calling each of the senators and delegates on our website and speak to them about the need for a fair disciplinary process.
Senate Bill 627 -LEOBR Repeal is scheduled to be voted out of committee this evening. Please contact your representative now.
FOP Lodge #4
Law enforcement officers dedicate their careers and risk their lives to protect Marylander’s across the state. It’s a job like no other—uniquely dangerous and challenging—requiring life and death split-second decisions. When you call us, we respond.
The Maryland General Assembly is considering legislation HB670 that takes away the fair due process afforded to those who risk their lives for your safety.
Please contact the legislators on the two committees below and tell them to oppose HB670 and as well as all other legislation that alters the LEOBR.
On January 19, 2021, the Department sent an email concerning the County Executive’s approval of 2 additional Diversity and Inclusion Floating Days off.
As you know, the amount of leave that members of the Department receive is covered by the terms of our MOU and any effort to change those terms needs to occur at the bargaining table. We are currently in bargaining with the County over the terms of the next MOU and have expressed to the County and the Department our dismay that this issue was not discussed with the FOP before the communication was sent. We expect to address this issue in those negotiations.
The FOP is SUPPORTING this Bill
By: Capital News Service Jacob Steinberg January 21, 2021
ANNAPOLIS — Maryland police officers who are dealing with stressors — such as family issues, substance abuse or mass protests — will have access to confidential mental health aid under a bill progressing in the state Legislature.
The Police Officers Mental Health Employee Assistance Program, sponsored by Del. Benjamin Brooks, D-Baltimore County, and Sen. Mary Washington, D-Baltimore, would require each law enforcement agency to provide its officers with access to an employee assistance or mental health program at a minimal cost to the officer.
These employee assistance programs include confidential counseling services, crisis counseling, stress management counseling and peer support services for police officers.
“One in four police officers have thought about committing suicide at one point in their career,” Brooks told Capital News Service.
An important component of these employee assistance programs focuses on protecting police officers’ mental health during periods of public demonstration and unrest.
Looking out for police officers’ mental health during those periods is now more prevalent than ever, as protests have increased throughout the United States over the past year.
Currently, an Employee Assistance Program, administered through the Department of Budget and Management, is only offered to state employees.
However, this bill would mandate similar programs in every law enforcement agency throughout Maryland, allowing police officers in local municipalities around the state to receive mental health assistance if necessary.
“It doesn’t matter whether your police department is 25 people or 400 people,” Washington said.
While providing police officers mental health resources is a key priority, so is ensuring the confidentiality that comes along with accepting those services.
“Confidentiality is the biggest thing with mental health,” Dr. Annette Hanson, joint legislative committee chair for the Maryland Psychiatric Society and Washington Psychiatric Society, told Capital News Service.
Confidentiality is vital when it comes to mental health because it’s become such a highly stigmatized issue — particularly in fields like the military and law enforcement.
Under this bill, police officers would receive the help they need, and avoid potential repercussions from the department or fellow officers.
“It makes our law enforcement officers feel that they’re more than a badge, that they’re human,” Lt. Marc Junkerman of the Harford County Sheriff’s Office, said in support of HB088 at a Tuesday hearing.
Before initially introducing the bill last year, Brooks began to conduct research as he came across some information about Post Traumatic Stress Disorder.
A Vietnam War veteran, Brooks was aware of PTSD, but he began learning more about the startling statistics related to police officers and mental health struggles.
In 2019, 228 police officers died by suicide compared to 172 officers the year before, according to Blue H.E.L.P. an organization dedicated to reducing the stigma around mental health.
Not only do these mental health challenges affect the police officers, but their family members can also be greatly affected as well.
Last year, a police officer’s wife approached Washington and explained the challenges that family members deal with when their partner is experiencing mental health issues.
Some of these challenges can include the officers exhibiting a change in behavior — possibly turning violent or turning to alcohol and other sources as coping mechanisms for the traumas they’ve faced.
To mitigate some of these familial challenges, under this program family members can report to the employee assistance program if they feel their spouse or parent is in need of mental health assistance.
Brooks and Washington initially introduced this bill last year, when it passed through the House unanimously but failed in the Senate because the 2020 session ended early due to the coronavirus pandemic.
“When the officer goes to my door or my neighbor’s door, I just want them to be whole,” Brooks said.
The FOP is OPPOSED to this Bill
By: Steve Lash Daily Record Legal Affairs Writer January 21, 2021
Saying the legislation would help uncover law enforcement’s bad apples, a Baltimore state senator urged her colleagues Thursday to pass legislation that would remove documents relating to police misconduct investigations from the list of “personnel records” automatically exempt from disclosure under the Maryland Public Information Act.
Sen. Jill P. Carter said her bill was spurred by the alleged in-police-custody killing of a 19-year-old Black man by Eastern Shore police officers, including one who was allegedly hired despite a record of violent conduct in earlier law enforcement jobs. Carter, a Democrat, has dubbed her legislation Anton’s Law in honor of the victim, Anton Black.
Removing misconduct investigations from MPIA’s personnel records exemption would subject details of an officer’s actions to public scrutiny and prevent misbehaving officers from finding continued employment in law enforcement, Carter told the Senate Judicial Proceedings Committee, on which she sits.
“It should not require a special investigation … for the public to learn of misconduct and coverups within police departments,” Carter said. “Sadly, this is the case routinely.”
Black’s 2018 death while handcuffed and prone was eerily similar to George Floyd’s last spring under the knee of a Minneapolis police officer. Floyd’s death touched off nationwide protests and calls for police reform, while Black’s has drawn far less publicity beyond the towns of Greensboro, Ridgely and Centreville, which had police officers involved in the killing, according to the family’s lawsuit against the police and towns.
The lawsuit, filed last month in U.S. District Court in Baltimore, alleges the police officers’ use of excessive and deadly force violated Black’s constitutional right against unreasonable seizures. In addition, the lawsuit claims that the Greensboro Police Department negligently hired officer Thomas Webster IV despite a record of violence in his career.
Under the proposed Anton’s Law, Senate Bill 178, each police department’s custodian of the requested documents would retain discretion under the MPIA to deny the information request if disclosure would constitute an unwarranted invasion of personal privacy, interfere with an investigation, endanger an individual’s life or reveal a confidential source.
Speaking in support of the bill, an ACLU of Maryland attorney said permitting the discretionary disclosure of police misconduct investigations would be “an absolutely necessary first step” toward addressing “the veil of secrecy” surrounding them
Without passage of Anton’s Law, police departments can tell people seeking documents of a misconduct investigation that they cannot be released because they are personnel records and that those seeking the information should “trust us. We did the right thing,” David Rocah told the committee.
“That is not an acceptable state of affairs … and not a way to create or maintain trust” in the police, said Rocah, a senior attorney at the American Civil Liberties Union’s Maryland chapter.
David Morris, on behalf of Maryland police chiefs and sheriffs associations, told the committee that the personnel records exception is too strict in that investigations of police shootings and use of force resulting in death or serious injury are of significant public concern and should be disclosable subject to the department’s statutory discretion.
However, investigations of officer misconduct short of gunfire or serious injury should still qualify as nondisclosable personnel records unless the complaint has been sustained, Morris said.
“It is equally important that we protect the reputations of the officers from frivolous types of complaints,” Morris added. “We need to protect the reputations of the officers from secondary dissemination of those types of reports.”
Baltimore County State’s Attorney Scott D. Shellenberger also endorsed the disclosure of police misconduct investigations that have been sustained by the department. He said “mere allegations” of misconduct should remain protected from disclosure as a personnel record.
But Sen. Charles E. Sydnor III, a committee member, said permitting unsustained complaints to escape public disclosure and scrutiny would have well-served Bull Connor, whose tenure as public safety commissioner of Birmingham, Alabama, in the 1960s was marked by police brutality against Blacks, whose complaints he rejected.
“The bad apples would be allowed to continue on,” said Sydnor, D-Baltimore County.
Carter cited reports from civil rights groups, including the ACLU of Maryland, that an overwhelming majority of complaints of police misconduct in Maryland are not sustained — including allegations of harassment and false imprisonment — and would therefore not be disclosable under the proposal offered by Morris and Shellenberger.
“The devil, all of the abuse and all of the ugliness, is actually in that large body of unsustained complaints because too many law enforcement agencies, when they conduct these investigations in secret, don’t have to disclose any of it and so this is why so many complaints go unsustained.”
Webster is a named defendant in the lawsuit with Ridgely Police Chief Dennis Manos and Centreville police officer Dennis Lannon – the three officers who allegedly seized Black on Sept. 15, 2018. Another defendant is former Greensboro Police Chief Michael Petyo for his allegedly negligent hiring of Webster.
The Maryland Police Training and Standards Commission decertified Webster as a police officer in July 2019 after its investigation revealed nearly 30 “use of force “ incidents from Webster’s time in Dover, Delaware, that were not disclosed on his police application in Maryland.
Petyo, who quit his police post during the state’s investigation of Webster, pleaded guilty in 2019 to misconduct in office for having lied on Webster’s application for certification.
Caroline County Circuit Judge Paul M. Bowman sentenced Petyo to two years in prison, all suspended, and three years’ supervised probation.
Black died from positional asphyxia, according to the complaint. However, the state medical examiner’s office attributed Black’s death to a congenital heart defect and his mental health issues.
The complaint said the medical examiner’s finding was erroneous and led to Caroline County State’s Attorney Joseph Riley’s decision in January 2019 not to prosecute the officer’s for homicide.
The case is docketed at the U.S. District Court in Baltimore as Jennell Black et al. v. Thomas Webster IV et al., No. 1:20-cv-03644-CCB.
Baltimore County FOP Lodge #4 now has an APP! We will be using this as another way to quickly and effectively communicate with the membership. We have partnered with the National FOP and used their platform. You can access it by going to the National FOP APP and search for Baltimore County FOP Lodge #4 .
Please download it and take advantage of the different resources that are available on the platform.
The current HR-218 Plan coverage will be replaced with the FOP Retired Law Enforcement Concealed Carry Legal Defense Coverage (CCC). The expanded coverage will offer Unlimited Legal Defense for civil and criminal claims associated with the legal carrying and/or use of a weapon: all reasonable and necessary Legal Defense Costs are now covered in full when using a Plan Attorney. This new expanded Plan will provide coverage not only for those retirees who were qualified under LEOSA, but also those retirees who are qualified under their own state laws to carry a concealed weapon.
To submit a CCC Application, please fill out the form at the link above. You will receive your ID card, plan booklet and certificate of participation within 30 days after the approval of your application.
Information on the coverage can be found by clicking on the link above or on our FOP Lodge #4 website Under LEOSA.
This is not automatic coverage. You must enroll to be covered. Members in the existing HR218 coverage plan will be covered under the new plan until renewal.
The 2021 calendar and ID cards were put in the mail at the White Marsh Post Office with first class postage on December 22, 2020. Hopefully they will be arriving soon.
The Hard Yacht Cafe is having their annual Crabby Christmas fundraiser again this year to benefit the Police Assistance and Relief Fund. For a $100.00 basket donation you get your name added to the Crabby Christmas donor list. Your $100.00 goes directly to the PAR Fund, the Hard Yacht keeps none of the money. Art has also had a special “Back the Blue” tumbler designed. https://www.anchorbayeastmarina.com/product-page/back-the-blue-tumbler
If you are in the area, please stop by his establishment for a meal or drinks and thank him for his support. If you cannot stop by just go to the Hard Yacht Cafe website and make a donation to a great cause and show your support for local law enforcement officers.