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MCPD and residents clash over police-hiring changes in Bill 18-26 hearing
Summary
At a June 9 public hearing on Bill 18-26, Assistant Chief Nicholas Augustine defended current MCPD background and recruitment practices while resident Esther Wells urged the council to reject the bill, warning it could create constitutional risk, litigation costs and operational burdens.
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The council heard competing views on Bill 18-26, a measure to amend background-verification rules for applicants seeking to be sworn officers. Assistant Chief Nicholas Augustine representing the Montgomery County Department of Police told the council that MCPD’s background-investigation process remains rigorous and governed by state and departmental policy and that the department has not reduced standards. He warned the council to consider recruitment and administrative impacts if the law imposes new requirements on hiring processes.
Resident and longtime county resident Esther Wells urged the council to oppose the bill, calling it the “Continued Excellence in Public Service Act” in her testimony and arguing the bill’s affidavit requirement could create constitutional problems and an elevated risk of successful litigation. Wells said the proposal risks compelled self-attestation and due-process concerns and that the county could face years of litigation, legal defense costs and possible settlements if the measure is challenged.
Wells also framed the bill as operationally burdensome: she said implementation may require additional staffing for background checks and could lengthen applicant processing times at a moment when law enforcement recruitment is competitive. She recommended accountability grounded in neutral conduct-based indicators (written reprimands, suspensions, substantiated bias claims) instead of a narrowly framed affidavit tied to a specific date or policy.
Assistant Chief Augustine told the council that MCPD applies consistent standards, that its background review is a critical screening tool and that the department remains engaged in discussions with council staff. The hearing closed without a council vote on the ordinance; the record shows the measure will proceed through the council’s legislative process with scheduled committee review.

