SB 752
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 752 (Senator Hayes)
Judicial Proceedings Judiciary
Baltimore City - Police Officers - Promotional Appointments
This bill (1) alters provisions relating to the number of applicants included on an eligible
list prepared for use by the Commissioner of the Baltimore Police Department (BPD) when
making promotional appointments to require that such appointments be made from the top
or highest 25% of the positions on the list, as specified, instead of the top or highest
five positions on the list; (2) requires that subsequent appointments be filled from the top
or highest remaining and available candidates on the eligible list; and (3) renames the
procedure from the “Rule of Five” to the “Rule of 25%.” In addition, the bill authorizes the
commissioner to remove eligible appointees from the list if, between the time the applicant
applied for the promotion and the time in which the applicant is to be selected for the
promotion, a misconduct complaint for which the punishment could be termination if found
guilty has been sustained by the Civilian Review Board of Baltimore City or BPD’s
Disciplinary Review Committee against the applicant.
Fiscal Summary
State Effect: None. The bill only affects local government operations in Baltimore City.
Local Effect: Baltimore City can implement the bill with existing resources. Revenues
are not affected.
Small Business Effect: None.
Analysis
Current Law: Qualified applicants for promotional appointments within BPD, who meet
specified criteria, must be included, in order from the highest to the lowest qualifying score,
on an eligible list for promotions prepared by the examining authority. When making a
promotional appointment within the department, the commissioner must make
appointments from those applicants who place within the top or highest five positions on
the eligible list. The procedure is known and designated as the “Rule of Five.” Under the
rule, after an applicant is appointed, the commissioner must fill the next vacancy in the
department, if any, from the remaining four applicants on the list with the addition of the
next or sixth highest scoring available applicant on the eligible list until all names on the
list are exhausted. The eligible list is valid for one year unless extended up to a maximum
of two years by the examining authority at the request of the commissioner. Except when
an applicant is no longer available, the commissioner is prohibited from removing an
applicant’s name from the list for any reason.
The Civilian Review Board of Baltimore City is authorized to process complaints lodged
by members of the public who allege abusive language, false arrest, false imprisonment,
harassment, or excessive force by members of BPD. The board may also review the police
department’s policies and make recommendations to the commissioner. The board may
issue subpoenas to compel the production of records. If a complaint is not sustained or the
police officer is exonerated, on written request by the police officer sent to the board, the
board must expunge all records of the complaint.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 1316 (Delegate Smith) - Judiciary.
Information Source(s): Baltimore City; Department of Legislative Services
Fiscal Note History: First Reader - February 18, 2021
rh/lgc Third Reader - March 25, 2021
Revised - Amendment(s) - March 25, 2021
Analysis by: Shirleen M. E. Pilgrim Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 752/ Page 2


Statutes affected:
Text - First - Baltimore City - Police Officers - Promotional Appointments: 1-610 []
Text - Third - Baltimore City - Police Officers - Promotional Appointments: 1-610 []