Retired Police Officer Redeployment Amendment Act of 1997
Bill 12-239

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Acting Chairman, Linda W. Cropp at the request of the Mayor

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Acting Chairman Linda W. Cropp introduced the following bill, at the request of the Mayor, which was referred to the Committee on the Judiciary.

To amend, on a permanent basis, the Retired Police Officer Redeployment Act of 1992, to repeal the expiration of the Chief of the Metropolitan Police Department's authority to rehire a retired member of the Department without liability for annuity offset or negative impact on the unfunded liability of the District of Columbia Police Officers and Firefighters' Retirement Fund.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Retired Police Officer Redeployment Amendment Act of 1997".

Sec. 2. Section 6(b) of the Retired Police Officer
Redeployment Act of 1992, effective September 29, 1992 (D.C. Law 9-163; D.C. Code § 4-618.1 note) is repealed.

Sec. 3. (a) The provisions of this act shall apply to any member rehired pursuant to the Retired Police Officer Redeployment Act of 1992 after September 29, 1992.

(b) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section of 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.3(a)), and a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(1), and publication in the District of Columbia Register.

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GOVERNMENT OF THE DISTRICT OF COLUMBIA
METROPOLITAN POLICE DEPARTMENT
WASHINGTON D. C. 20001

May 22, 1997

MEMORANDUM

TO: Sonya Proctor, Assistant Chief
Human Resources Officer
Human Resources Bureau

FROM: Sidney H. Evans, Jr.
Chief Financial Officer

SUBJECT: Fiscal Impact Statement for the Draft Bill for "Retired Police Officer Redeployment Amendment Act of 1997"

In Fiscal Year 1998, the proposed appropriated budget is $236,539,000 and 4,537 FTEs of which 3,815 FTEs are sworn and 722 FTEs are civilians. As of today, there are 3,641 sworn FTEs (including 73 Retired Senior Police Officers) and 650 civilian FTEs on board.

A Retired Senior Police Officer currently earns $33,966 per year and 7.65 percent for benefits (FICA and Medicaid). A new recruit officer earns $27,945 and 10 percent for benefits. In Fiscal Year 1955, the department intends to reach its authorized FTE level of 3,815 through a strategic blend of new recruits and Retired Senior Police Officers.

Funds are available to hire Retired Senior Police Officers for Fiscal 1998, in line with the fiscal Year 1998 proposed budget and will not result in a deficit in the appropriation.

cc: Vernon S. Gilt, General Counsel
Inspector William Ponton, Chief of Staff

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AN ACT
D.C. ACT 9-258

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

JULY 21, 1992

To allow a retired member of the Metropolitan Police Department to be eligible for rehire as a temporary full-time or temporary part-time police officer without annuitant liability for salary earned from the District of Columbia government or negative impact on the unfunded liability of the District of Columbia Police Officers and Firefighters' Retirement Fund, and to provide that a retired officer redeployed under this act be vested with full police powers; and to amend the Merchant's Civil Recovery for Criminal Conduct Act of 1992 to make technical amendments.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Retired Police Officer Redeployment Amendment Act of 1992".

Sec. 2. (a) Except for a disability annuitant, a police officer retired from the Metropolitan Police Department shall be eligible for rehire at the discretion of the Chief of the Metropolitan Police Department as a fully sworn temporary full-time or temporary part-time police officer without jeopardy to the retirement benefits of the police officer.

(b) A retired police officer who is rehired under this act shall be vested with full police powers including, but not limited to, the authority to carry a firearm.

(c) Service under this act shall not count as creditable service for the purposes of section 12(c) of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes, approved September 1, 1916 (39 Stat. 718; D.C. Code §4-610) .

Sec. 3. Section 12(n) of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes, approved September 1, 1916 (39 Stat. 718; D.C. Code §4-629(e)), is amended by adding a sentence at the end to read as follows:

"The provisions of this subsection shall not apply to an annuitant employed by the District of Columbia government under the Retired Police Officer Redeployment Amendment Act of 1992. ".

Sec. 4. Within 60 days of the effective date of this act or the "Fiscal Year 1992 District of Columbia Supplemental Budget and Rescissions of Authority Request Act of 1992", whichever occurs first, the Chief of the Metropolitan Police Department shall submit to the Council proposed regulations to begin hiring retired members of the police force. The proposed regulations shall be submitted to the Council for a 45- day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed regulations, in whole or in part, by resolution within this 45-day review period, the proposed regulations shall be deemed approved.

Sec. 5. The Merchant's Civil Recovery for Criminal Conduct Act of 1992, effective May 16, 1992 (D.C. Law 9-98; to be codified at D.C. Code §3-441 et seq. ), is amended as follows:

(a) Section 4(a) (D.C. Code §3-443(a)) is amended by adding the word "not" after the word " shall" .

(b) Section 5(b) (3) (D. C. Code §3-444(b) (3) ) is amended by striking "damages." and inserting "damages; and" in its place.

(c) Section 5(b) (D.C. Code §3-444(b)) is amended by adding a new paragraph (4) to read as follows:

"(4) Specify that if payment of the specified amount is not made, an agreement of payments is not reached, or payments are not made in accordance with the terms of an agreement, within 30 days of the date of service of the demand, the merchant may bring a suit for damages. ".

(d) Section 5(c) (D.C. Code 13-444(c)) is amended by striking the word "or" after the phrase "an acknowledgement" and inserting the word "of" in its place.

Sec. 6. (a) This act shall take effect after a 30-day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in section 602(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1- 233(c)(1)), and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations.

(b) Except for section 5, this act shall expire on October 1, 1997.