Kent County PAB discusses countywide trial board policy, ALJ MOU and costs

On Jan. 15, 2025, the Kent County Police Accountability Board discussed steps to coordinate a single trial board policy across the county's law-enforcement agencies and the mechanics of using state administrative law judges to hear officer disciplinary appeals.

The topic arose under old business after the board reviewed how a 2021 state legislative change removed the previous, step-by-step procedures for trial boards that were in the officer’s bill of rights. "The legislation that came out in '21, it did not include requirements for the trial board," said Frank, PAB member.

Nut graf: The change leaves each department to create its own procedures for adjudicating contested discipline. Kent County’s sheriff’s office and two municipal police departments have agreed to draft a single policy that the smaller departments will accept; the PAB’s role will be to coordinate civilian participation and help schedule hearings with the state administrative law judge's (ALJ) office.

Board members described the expected composition and logistics of a trial board: an administrative law judge, an officer of the same rank as the accused, and a civilian trial-board member. Valerie, PAB civilian member, was identified as one trained and available to serve as the civilian panelist. The PAB’s role, as described in the discussion, is primarily administrative: to be notified when a trial board is requested, to help coordinate scheduling and the civilian panelist assignment, and to work with county leadership to request an ALJ when required by statute.

Board discussion included timing and cost. Frank said scheduling a hearing typically takes three to four months after an officer requests a trial. He also described a memorandum of understanding that the county has completed with the state ALJ office to allow assignment of judges and use of state office space for hearings. "The administrative judge gets a salary of something like $200 an hour, from the time they get the case until it's done, which includes its travel, lodging, case review, not just the actual sit down hearing," Frank said. Board members noted the county generally bears the cost for county officers and that a smaller town or department could be held responsible for costs if the officer belongs to that jurisdiction.

Members discussed potential hearing locations the ALJ office can provide (Hunt Valley and Salisbury were mentioned) and said the state office maintains a list of judges—"something like 50 or 60 different judges"—that are assigned based on availability and willingness to travel. The board said once scheduling and civilian assignments are complete, the hearing proceeds under the ALJ’s process and returns to the local record as closed once concluded.

The board did not vote on any policy at the meeting; members described this as an administrative coordination effort that remains with the sheriff's office to draft the initial policy and circulate it to the two municipal departments for comment. The PAB will provide input on points where county law requires PAB involvement and will assist with civilian-member scheduling when hearings are requested.

Ending: Board members said they will review the sheriff’s draft policy when it is available and provide the PAB’s requested points of involvement; no formal policy vote occurred at the Jan. 15 meeting.