Res. 12-344
To establish, on an emergency basis, a special committee on police misconduct and personnel management in the Council of the District of Columbia to investigate allegations of misconduct, mismanagement, and inaccurate recordkeeping in the Metropolitan Police Department
December 16, 1997

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Sec. 2. Findings.

(a) The Metropolitan Police Department employs hundreds of dedicated professionals working on behalf of the residents of the District of Columbia. Included among them are individuals who have risked their own professional status to uncover wrongdoing within the Metropolitan Police Department and thereby have performed a valuable public service.

(b) The Committee on Government Operations conducted a hearing on September 25, 1997, and the Committee on the Judiciary conducted hearings on October 10, December 5, and December 12, 1997. At these hearings, witnesses offered testimony alleging misconduct, mismanagement, retaliation, and the appearance of impropriety in the Metropolitan Police Department.

(c) As a result of the testimony offered at these four hearings, the two Committees, through their Chairs, have determined a need to conduct a complete factfinding effort. Further, an investigation and report should be used to prevent any recurrence of any misconduct, mismanagement or retaliation that comes to light.

(d) The ultimate purpose of the work of this Special Committee investigation is to aid in correcting any wrongs, real or perceived, so as to restore community support and faith in the Metropolitan Police Department, while fostering public confidence in our police force.

Sec. 3. Establishment of the Special Committee on Police Misconduct and Personnel Management.

(a) There is established a Special Committee on Police Misconduct and Personnel Management ("Special Committee").

(b) The Special Committee shall investigate allegations of misconduct, mismanagement, malfeasance, retaliation against whistleblowers, and the appearance of impropriety in the Metropolitan Police Department.

(c) The Special Committee shall investigate allegations contained in testimony offered at public hearings on September 25, 1997 before the Committee on Government Operations, and on October 10, December 5, and December 12, 1997 hearings before the Committee on the Judiciary, including, but not limited to, the following:

(1) Personnel practices in the Metropolitan Police Department, including standards for promotions and demotions, disciplinary procedures, treatment of whistleblowers, use of administrative and disability leave, and overtime pay;

(2) Qualifications and eligibility of the Metropolitan Police Department personnel for full retirement benefits;

(3) Deficiencies in administrative and recordkeeping practices; and

(4) Any related matter arising during the course of the investigation.

Sec. 4. Special Committee membership.

(a) The Special Committee shall consist of all members of the Council.

(b) The Chairpersons of the Council Committee on the Judiciary and the Council Committee on Government Operations jointly shall chair the Special Committee.

(c) Seven members shall constitute a quorum.

Sec. 5. Rules of procedure; open meetings.

The Special Committee, according to Rule 226 of the Council Rules, shall adopt written rules, not inconsistent with Council rules or other applicable law, to govern its procedures.

Sec. 6. Duties.

(a)(l) The Special Committee shall present a report to the full Council within 90 days of the conclusion of its investigation.

(2) The report shall contain the Special Committee's recommendations for any   changes in statute, regulation, or Metropolitan Police Department procedure proven advisable through the course of the investigation. The report shall detail any allegations of criminal wrongdoing referred for action to the appropriate authorities.

(3) Notwithstanding Council Rule 308, the Special Committee may file its report during a period of Council recess.

(b) The Special Committee may hold expedited public hearings on matters including, but not limited to, the following:

(1) Legislative and other proposals regarding police department reform; and

(2) Oversight of personnel practices in the Metropolitan Police Department with respect to whistleblowers.

(c) The Special Committee shall coordinate its efforts with any other investigation of the Metropolitan Police Department conducted by officers or employees of the federal or District of Columbia government.

Sec. 7. Hearings.

(a) The Special Committee may hold hearings for the purpose of receiving testimony, comments, documents, computer records (hard copy or diskette), recordings, notes, photographs, facsimile transmissions, or other information or materials from witnesses called before the Special Committee and from members of the public.

(b) All testimony given by witnesses before the Special Committee shall be made under oath. The Chairpersons of the Special Committee are authorized to issue an oath or affirmation to each witness. The Special Committee may authorize a member, committee staff, or counsel advising the Special Committee to take testimony of witnesses by oral, written, or videotaped depositions.

Sec. 8. Staff.

The Special Committee may appoint legal counsel and any other person to advise the Chairpersons of the Special Committee.

Sec. 9. Subpoena authorization.

The Council authorizes the Special Committee to use subpoenas to compel a witness' attendance, to obtain testimony, or to produce documents, other information or tangible items. The Special Committee shall not be required to submit a report to the Secretary prior to issuing a subpoena.

Sec. 10.

The fiscal impact of this resolution is minimal. The Special Committee expects to avail itself of existing funds within the Council's FY1998 budget, pro bono legal assistance, and other funding sources. This section shall serve as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3))."

Sec. 11. Effective date; sunset provisions.

(a) This resolution shall take effect immediately.

(b) This resolution shall expire on September 30, 1998.