Maryland Court Upholds Police Chief’s Decision To Increase Discipline From Demotion To Termination

Posted on 09/11/2026

The Appellate Court of Maryland held that the Prince George’s County Police Chief complied with the pro­cedural requirements of Maryland’s former Law Enforcement Officers’ Bill of Rights (LEOBR) when he rejected an Administrative Hearing Board’s recom­mendation to demote a police sergeant and instead terminated his employment. Sergeant Shaun Urbina appealed only the discipline imposed for one charge — violating a department rule prohibiting officers from intentionally violating any law — after pleading guilty in criminal court to misconduct in office.

The disciplinary charges arose from a July 2020 vehicle pursuit. Officers re­sponded to a report that occupants of a vehicle were creating a disturbance at a gas station by demanding free gas and repeatedly blowing the horn. When the vehicle fled, Urbina, who was the on-du­ty supervisor, pursued it. According to the Department’s investigation, Urbina deactivated his emergency equipment before the pursuit ended, advised dis­patch that the pursuit had concluded while continuing to follow the vehicle, and failed to terminate the pursuit as shift commander. The fleeing driver ultimately lost control of the vehicle and struck a telephone pole, killing both occupants. Urbina later pleaded guilty to one count of misconduct in office based on his conduct during the incident and received a suspended three-year sentence and one year of supervised probation.

The Department issued a Dis­ciplinary Action Recommendation charging Urbina with seven violations and proposing termination for the vio­lation-of-law charge based on his guilty plea. After an evidentiary hearing, the Administrative Hearing Board found Urbina guilty of six charges, including the violation-of-law charge, but recom­mended a lesser penalty of demotion to corporal and removal from one promo­tional cycle. Before deciding whether to increase that recommendation, the Chief reviewed the hearing record, notified Urbina that he was considering a harsher penalty, and met with Urbina and his attorney to hear their arguments. The Chief ultimately issued a Final Disci­plinary Action terminating Urbina’s employment.

On appeal, Urbina argued that the Chief failed to satisfy former LEOBR § 3-108(d)(5), which permitted a police chief to increase a hearing board’s recom­mended discipline only after personally reviewing the record, meeting with the officer, disclosing any extra-record com­munications relied upon, and “stat[ing] on the record the substantial evidence relied on to support the increase of the recommended penalty.” Urbina contend­ed that the Chief merely announced a different result without identifying the substantial evidence supporting the harsher discipline.

The Court rejected that argument, concluding that the Chief satisfied the statute by identifying the specific facts supporting termination. In his written decision, the Chief emphasized Urbina’s guilty plea and conviction for miscon­duct in office, his admission during the meeting that he accepted responsibility, and the seriousness of the misconduct given that he was “a 15-year veteran” serving as the acting lieutenant and shift commander. The Chief further explained that the conviction consti­tuted “an integrity violation,” affecting Urbina’s “overall credibility,” his “ability to testify as a witness for the State,” and his ability “to remain a certified police officer.” The Court held that these find­ings constituted substantial evidence supporting the decision to increase the discipline from demotion to termination and therefore complied with the proce­dural requirements of former LEOBR § 3-108(d)(5).

Accordingly, the Court affirmed the circuit court’s judgment upholding Urbina’s termination.

In the Matter of Shaun Urbina, No. 736, Sept. Term 2025, 2026 WL 1800842 (Md. Ct. Spec. App. June 23, 2026).