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New state law imposes strict timelines for police complaint investigations; PAB urges written agency policies
Summary
PAB members reviewed a state law signed by Gov. Moore that requires investigating units to forward findings within 334 days, gives the ACC 30 days to issue findings, and sets an overall limit of 395 days; the board urged local agencies to adopt written policies for administrative charges.
The Carroll County PAB reviewed a change in state law that sets explicit time limits for police complaint investigations and ACC review. Chair (S1) summarized the statutory timeline and urged local agencies to adopt written internal policies to comply.
According to the version described at the meeting, the investigating unit must complete its investigation and forward findings to the ACC within 334 days after the date a complaint is filed; following receipt, the ACC has 30 days to review the investigation and render a finding; the transcript also recorded a total-process limit of 395 days. Chair (S1) said: "The investigation unit shall complete its investigation and forward its findings to the ACC within 334 days after filing of the complaint by a member of the public." He added the ACC "has 30 days" to review and that the whole process is constrained to the figure the transcript records as 395 days.
S1 also highlighted a separate provision requiring law enforcement agencies to file administrative charges arising out of misconduct investigations that are not required to be reviewed by the ACC "within a year and a day after the date that the appropriate official... became aware of the incident," and that such timing is "as determined by written policy of the law enforcement agency." S1 urged agencies to document written policies to meet that requirement.
The PAB discussed possible legislative follow-up raised by police stakeholders; the Fraternal Order of Police is reported to be working with lawmakers on concerns including expungement procedures for charged officers. The board will share the statutory timeline with agencies and request they adopt or confirm written charging policies.
Next steps: PAB staff will circulate the cited statutory provisions to member agencies and ask departments to confirm written policies that define when administrative charges must be filed.
