A Victory for Corrections Officers - Correctional Officers Bill of Rights Passes!

On the last day of session the House of Delegates cast the final vote on the Correctional Officers Bill of Rights by unanimously passing the bill that had been previously amended and passed in the Senate. The success of this legislation can be attributed to a number of factors.

First, compelling arguments made by dozens of AFSCME Correctional Officers who lobbied relentlessly throughout the session made it clear that they needed a more fair disciplinary process.

Second, the O’Malley administration put this legislation on their radar screen and spent many hours negotiating the details of the final bill with AFSCME so that the bill would be financially viable, while also significantly improving rights for Correctional Officers. Once on board with the bill, the O’Malley Administration sent the Secretary of State John McDonough to meet with legislative leaders to urge them to support the bill.

Finally, key legislators such as Senator Don Munson R -Hagerstown and Delegate Galen Claggett D - Frederick worked hard to gain support from fellow legislators. The Senate overwhelmingly supported the bill which passed it 44 to 2, and the House passed it unanimously even after efforts to derail the bill by seeking a last minute amendment proposed by MCEA and offered by Delegate Chris Shank R - Hagerstown.

This is a great win for Correctional Officers and shows what AFSCME members can do when we stand together!

SB 887 (you can read the full text of the bill here) passed the House unanimously on the final day of session, setting the stage for final approval by the Governor. The bill, which would take effect in October, is modeled after the Law Enforcement Officers Bill of Rights, and applies many of the same principles to the disciplinary procedures to the State of Maryland’s Division of Corrections. The Bill of Rights addresses three basic points:

• First, the bill provides better due process rights when a Correctional Officer is suspected of a wrong-doing.
• Second, the bill creates the option of a separate appeal procedure using a Correctional Officer Hearing Board for disciplinary actions of 10 days or greater, terminations, and demotions.
• Third, the bill provides that a Correctional Officer is to be considered innocent until proven guilty. This means that a CO will be either reassigned or in a leave with pay status pending the final decision.

Due Process: Under the bill, a Correctional Officer who is suspected of wrong-doing will be advised, 24 hours before an interrogation, who will conduct it and what his or her rights are. He or she will be provided with the opportunity to consult with counsel or an AFSCME representative. There will be a record of the interrogation that can be requested by the officer following the interrogation.

Appeal Procedure: If an officer is charged with a disciplinary action of suspension of 10 days or more, a demotion or a termination, and he/she wants to appeal the action, the bill provides the option of requesting a hearing before the Correctional Offficers’ Hearing Board.

As amended, the board will consist of 3 correctional officers – two of the same rank or lower rank and one of higher rank in management. The board will have all the powers of the Office of Administrative Hearings (OAH). As the bill is amended, the board will issue the final decision as to the guilt or innocence of the employee and, if the person is found guilty, recommend a level of disciplinary action. The appointing authority will have the ability increase the penalty. However, if the penalty is increased, or if the penalty involves a termination, the Secretary of the Department will need to sign off on the disciplinary action.

Innocent Until Proven Guilty: One of the significant features of the bill is that a Correctional Officer will be considered innocent until proven guilty. Rather than being put in a “without pay” status pending the hearing, a correctional officer will be reassigned, given an administrative job, or placed on leave with pay pending the final decision.

Additional Features: There are some other changes to the bill. For the first time, managers will be able to use polygraph tests as part of the interrogation process. The results cannot be used in a hearing without the approval of the CO. The deadline for completing the investigation is extended from 30 to 90 days to allow for a more thorough investigation. A complaint by an inmate against an officer will need to be corroborated under the bill.