(a) Chief executive officer. The director of police is the chief executive officer of the department of police and in the exercise of official duties the director shall be subject to such orders, rules and regulations as may be issued by the county executive from time to time and shall be responsible to the county executive for the proper and efficient conduct, control and discipline of the department of police.
(b) Law enforcement. The director of police shall take such measures as will ensure prompt and vigorous enforcement of all criminal statutes, laws, regulations and ordinances, enforcement of which comes properly within the scope of the police function and power.
(c) Adoption of regulations, orders, etc., generally. The director of police shall adopt, under method (2) of section 2A-15 of this Code, all regulations for the county which pertain to the work of the department of police. The director shall issue such additional instructions and adopt such orders and administrative procedures, not inconsistent with law, as deemed proper in the exercise of the functions of chief executive officer of the department of police.
(d) Duty assignments, etc. The director of police shall order and direct such assignments to duty, detail and transfers as deemed necessary in the interest of public service.
(e) Fires, riots, etc. The director of police shall maintain contact with supervisors on the scene of any large fire within the jurisdiction of the county police and at the scene of any riot, tumultuous assemblage, catastrophe or other unusual occurrence where the services of large details of police are necessary and shall take command of the police and direct their efforts in the work at hand through his/her supervisors.
(f) Operation of department generally. The director of police shall exact from all members of the police unquestioned loyalty, unfailing energy and strict obedience and shall take prompt action in prosecuting any member guilty of interfering with, or in any manner impeding, the orderly and efficient operation and conduct of the department of police.
(g) Charges against members. The director shall refer all charges properly filed with the director or the department against any member of the police to the office of internal affairs.
(h) Instruction and training. The director of police shall order and direct the instruction and training for the members of the police.
(i) Inspections. The director of police shall develop and implement policies and procedures within the department of police which will ensure an inspection program function at every level of management responsibility. The inspection program will encompass personnel, facilities and property, resource management and operations.
(j) Reports and recommendations. The director of police shall make a written report annually to the county council and county executive as to the operation of the department of police, for the fiscal year ending June 30, and shall submit recommendations for improvements, and shall make such other general and special reports as may be required.
(k) Notice of appointments, transfers, separations, etc. The director of police shall promptly notify the county personnel board of all appointments, transfers, promotions, demotions, suspensions and separations from the department of police. (Mont. Co. Code 1965, § 96-5; 1969 L.M.C., ch. 35, § 13; 1971 L.M.C., ch. 29, § 1; 1979 L.M.C., ch. 6, § 1; 1984 L.M.C., ch. 24, § 40; 1984 L.M.C., ch. 27, § 24.)
Editor’s note-The above section is cited and quoted in part in FOP, Montgomery County Lodge No. 35 v. Mehrling, 343 Md. 155, 680 A.2d 1052 (1996). Section 35-3(b) is quoted in Soper v. Montgomery County, 294 Md. 331, 449 A.2d 1158 (1982).
See County Attorney Opinion dated explaining that a non-merit position in the Animal Control Division need not be filled.
