Metropolitan Police Department Management Reform Act of 1999
Bill 13-42

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Chairman Linda Cropp
Councilmember Jack Evans
Councilmember Kathy Patterson
Councilmember Harold Brazil

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Linda Cropp, Councilmember Jack Evans, and Councilmember Kathy Patterson introduced the following bill, which was referred to the Committee on the Judiciary.

To amend the Metropolitan Police Department Manual to provide additional requirements for applicants to the Metropolitan Police Department, to standardize initial basic training and firearms training programs, to require the Chief of Police to develop and implement a continuing education program, to revise the standards on outside employment for police officers, to prohibit police officers from engaging in outside employment at ABC licensed establishments where alcohol is consumed on the premises, and to prohibit members of the police department from acting as agents or brokers in locating positions or placing members of the police department in outside employment, and to authorize the Chief of Police to propose and submit to the Council rules on a comprehensive outside employment policy for members of the police department; to amend Title 23of the District of Columbia Code to establish procedures for the depositing of currency seized by the Metropolitan Police Department; and to establish a conditional retirement category for members of the police Metropolitan Police Department who voluntarily resign or elect optional retirement after knowledge of a pending disciplinary investigation, to authorize the continuation of disciplinary investigations of a member of the police Metropolitan Police Department who voluntarily resigns or elects optional retirement after knowledge of a pending disciplinary investigation, and to authorize the imposition of monetary penalties for members of the police Metropolitan Police Department in conditional retirement who are found to have engaged in misconduct.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Metropolitan Police Department Management Reform Act of 1999".

TITLE I. APPLICATION, APPOINTMENT, AND TRAINING

Sec. 101. This title may be cited as the "Metropolitan Police Department Application, Appointment, and Training Requirements Amendment Act of 1998".

Sec. 102. Chapter I of the Metropolitan Police Department Manual, effective January 14 1972 (Reg. 72-2; 6A DCMR §100.1 et seq.), is amended as follows:

(a) Sections 1.3:8 through 1.3:9 and sections 1.3:13 through 1.3:19 are repealed.

(b) A new section 1.5 is added to read as follows:

"1.5 Application. appointment and training

"1.5:1 To be eligible for appointment as a sworn member of the Metropolitan Police Department, an applicant shall meet the following requirements:

"(a) Be a citizen of the United States at the time the application was made;

"(b) Be at least 21 years of age on the date of appointment but not be more than 29 years of age on the date of application; provided, however, if any Metropolitan Police Department cadet has served satisfactorily for at least 1 year, he or she may be appointed upon reaching the age of 20;

"(c) Be at least 60 inches in height, barefoot, and be of a proportional weight;

"(d) Be of good moral character;

"(e) Have been examined by a licensed physician who has certified in writing, within 180 days before the date of employment, that the applicant is healthy, free of any disease or disability that may adversely effect the applicant's performance of duty, and shows no trace of drug dependency or illegal drug use;

"(f) Have been examined by a licensed psychologist or psychiatrist who has certified in writing, within 180 days of employment, that the applicant is in satisfactory psychological and emotional health;

"(g) Have been fingerprinted and have been subjected to a search of local, state. and federal records and fingerprint files to disclose any criminal record;

"(h) Have not been on any court-ordered community supervision or probation for any criminal offense;

"(i) Have not been convicted of any misdemeanor within the 5-year period immediately preceding the date of the applicant's application;

"(j) Have not been convicted of an offense that is a felony in the District of Columbia, even if since the date of conviction the offense is no longer a felony in the District of Columbia; unless the conviction concerned conduct that occurred while the applicant was a minor and the conviction was not for a crime of violence as defined in D.C. Code §22-3201;

"(k) Have been subjected to a comprehensive background investigation and have been interviewed personally prior to enrollment at the academy by the Chief of Police or his designee;

"(1) As of October 1, 1999, have successfully completed sixty (60) post-secondary semester hours which were received from an accredited college or university, or have five years of suitable law enforcement experience as determined by the Chief of Police; provided, however, that the Chief of Police, at his discretion, shall have the authority to modify educational requirements for applicants;

"(m) Have not been discharged from any military service under less than honorable conditions including:

"(1) Under other than honorable conditions;

"(2) Bad conduct;

"(3) Dishonorable conditions; or

"(4) Any other characterization or service indicating bad character; and

"(n) Have not been the subject of a prior involuntary termination of employment from he Metropolitan Police Department.

"1.5:2 Notwithstanding section 1.5:1(j), the Chief of Police is authorized to deny employment to any applicant based upon conduct occurring while the applicant was a minor if, considering the totality of the circumstances, the Chief of Police determines that the applicant has not displayed the good moral character or integrity necessary to perform the duties of a sworn member of the Metropolitan Police Department.

"1.5:3 The Metropolitan Police Department shall bear all costs attributable to the application process; provided, however, that the Metropolitan Police Department shall require any applicant who declines a bona fide offer of employment from the Metropolitan Police Department to reimburse the Metropolitan Police Department for reasonable and necessary expenses relating to the review of that applicant, including the costs of any background check or medical examination.

"1.5:4 (a) Prior to deployment, each applicant selected for appointment as a sworn member of the Metropolitan Police Department shall successfully complete an initial training program developed by the Metropolitan Police Department unless the applicant receives a waiver pursuant to paragraph (h) of this subsection.

"(b) With the exception of firearms training, the initial training program shall consist of a minimum of 1100 hours of instruction.

"(c) The initial training program may include temporary deployment of the applicant prior to regular deployment as a sworn member; provided. however, that the initial deployment shall not commence until after the applicant has completed the mandatory subjects of coursework provided in paragraph (d) of this subsection.

"(d) The following subjects shall be included as part of every applicant's initial training program:

"(1) Constitutional and statutory law:

"(2) Administrative duties.

"(3) Patrol techniques and responsibilities;

"(4) Traffic;

"(5) Criminal investigation.

"(6) Emergency medical care:

"(7) Communications;

"(8) Report writing and composition:

"(9) Community relations and community policing;

"(10) Crisis intervention:

"(11) Protective strategies and tactics:

"(12) Emergency vehicle operations:

"(13) Prisoner processing and security;

"(14) Trial testimony:

"(15) Civil rights, racial and ethnic sensitivity, and cultural diversity; and

"(16) The recognition and documentation of cases that involve the abuse, neglect, or exploitation of minors; domestic violence; sexual assault; and issues concerning sex offender characteristics.

"(e) Prior to deployment, each applicant shall successfully complete an initial firearms training program developed by the Metropolitan Police Department.

"(f) The Metropolitan Police Department shall determine the appropriate sequence, content, and duration of the initial training program and the initial firearms training program.

"(g) The Metropolitan Police Department is authorized to utilize the services of other law enforcement agencies or organizations engaged in the education and training of law enforcement personnel in order to satisfy any portion of the initial training program or the initial firearms training program.

"(h) The Chief of Police is authorized to waive the initial training program and initial firearms training program requirements for either of the following:

"(1) Any applicant who is a former sworn member of the Metropolitan Police Department who has been separated from employment with the Metropolitan Police Department for less than three years; or

"(2) Any former member of another federal, state, or local law enforcement agency who has completed training similar to the Metropolitan Police Department's initial training program and initial firearms training program and has been separated from employment with a federal, state, or local law enforcement agency for less than 3 years.

"(i) For the purpose of this subsection, the Metropolitan Police Department shall construe any court-ordered community supervision, probation, or conviction for a criminal offense to be its closest equivalent under District of Columbia law if the offense arose from a penal provision of any state, federal, military, or foreign jurisdiction.

"1.5:5 (a) The Metropolitan Police Department shall develop and implement a program of continuing education for its sworn members Each sworn member of the Metropolitan Police Department shall be required satisfactorily to complete the continuing education program each calendar year, except that participation in the continuing education program shall not be required of sworn members until the calendar year after the officer's successful completion of the initial training program in accordance with subsection 1.5:4.

"(b) The Chief of Police may grant an extension of time not to exceed 90 days for completing the continuing education program under the following conditions:

"(1) Illness or injury;

"(2) Military service;

"(3) Special duty or assignment performed in the public interest;

"(4) Administrative leave involving the determination of worker's compensation or disability retirement issues, full time educational leave, or suspension pending investigation or adjudication of a crime; or

"(5) Any other reason documented in writing on an individual basis by the Chief of Police.

"(c) The Metropolitan Police Department's continuing education program shall consist of the following components:

"(1) Community policing, civil rights, racial and ethnic sensitivity, cultural diversity;

"(2) The recognition and documentation of cases that involve the abuse, neglect or exploitation of minors; domestic violence; sexual assault; and issues concerning sex offender characteristics; and

"(3) Any additional topics selected by the Chief of Police or his designee.

"(d) The Metropolitan Police Department's continuing education program shall consist of 32 hours of training each year with a minimum of 10 hours devoted to the components outlined in paragraph (c)(1) and (2) of this subsection. The remaining hours shall consist of the additional topics selected by the Chief of Police or his designee.

"(e) If a sworn member fails to complete any portion of the mandatory 32 hours of continuing education by December 31 of any calendar year, the Metropolitan Police Department shall add the number of hours missed in that calendar year to the 32 hours required in the following year.

"(f) Each calendar year in addition to the 32 hours of mandatory continuing education, each sworn member of the Metropolitan Police Department shall be required to successfully complete a firearms training program established by the Metropolitan Police Department. If a sworn member fails to successfully complete the firearms training program by December 31 of any calendar year, the Metropolitan Police Department shall confiscate the member's firearm until the member successfully completes the firearms training program.

"(g) No member shall be eligible for promotion until he or she has successfully and fully completed the continuing education requirements as provided herein, including any accumulated hours resulting from failure to complete the program in any calendar year.

"(h) The Metropolitan Police Department is authorized to utilize the services of other law enforcement agencies or organizations engaged in the education and training of law enforcement personnel in order to satisfy any portion of the 32 hours of required continuing education or the firearms training program. The Chief of Police shall establish guidelines for the approval of any such training program.

"(i) Nothing contained in this section shall be construed as prohibiting the Metropolitan Police Department from establishing standards exceeding the standards set forth in this section, including increasing the sanctions for sworn members failing to comply with the requirements of this section.

"1.5:6 (a) An instructor of any component of the Metropolitan Police Department's initial training program, continuing education program, or firearms training program shall:

"(1) Meet the minimum standards for members of the Metropolitan Police Department as set forth in subsection 1.5:1;

"(2) Be at least 21 years of age;

"(3) Have substantial experience in education or in the special field or subject area to be taught as follows:

"(A) At least 3 years experience as a law enforcement officer;

"(B) A college degree and two years of teaching experience; or

"(C) A post-graduate degree;

"(4) Have successfully completed an instructor training course or its equivalent, as determined by the Chief of Police; and

"(5) Not be under investigation, or on administrative leave involving the determination of worker's compensation or disability retirement issues, or on suspension pending investigation or adjudication of a crime.

"(b) The Chief of Police is authorized to waive the requirements of paragraph (a)(1) and (3) of this section for a person of specialized skill to conduct a training program in that person's area of expertise.

"1.5:7 (a) The Chief of Police shall, not later than November 31 of each calendar year, deliver a report to the Mayor and the Council concerning the Metropolitan Police Department's initial training program, continuing education program, and firearms training program.

"(b) The report shall include:

"(1) The number of applicants who have successfully completed the application process;

"(2) The number of applicants who have completed the initial training program;

"(3) The number of sworn members who have completed the continuing education and firearms training programs; and

"(4) A plan for the following calendar year's recruiting efforts and initial and continuing education programs, including plans for correcting any deficiencies indicated by the data from the preceding calendar year.

"1.5:8 Each subsection of this section shall become effective upon adoption by the Chief of Police of regulations to implement that section. The Chief of Police shall adopt regulations to implement subsections 1.5: 1, 1.5 :2, and 1.5:3 within 30 days of enactment of this act. The Chief of Police shall adopt regulations to implement subsections 1.5:5 through 1.5:7 within 120 days of enactment of this act.

"1.5:9 Any applicant who met the age requirement at the time of application pursuant to subsection 1.5:1(b) and who was denied appointment on the basis of racial discrimination as determined by the Director of the Office of Human Rights and Minority Business Development, may be appointed notwithstanding the applicant s age at the time of that determination.

"1.5:10 Applications for appointment to the Metropolitan Police Department shall be made on forms furnished by the D.C. Office of Personnel. The applications shall be in the handwriting of and signed by the applicant and shall be filed with the D.C. Office of Personnel.

"1.5:11 Appointments to the Metropolitan Police Department shall be for a probationary period of 18 months. Continuation of service after the expiration of that period shall be dependent upon the conduct of the appointee and his or her capacity for the performance of the duties to which assigned, as indicated by reports of superior officers. The probationary period shall be an extension of the examination period.

"1.5:12 If the Board of Police and Fire Surgeons shall find any probationer physically or mentally unfit to continue his or her duties. that probationer shall be required to appear before the Police and Firefighter's Retirement and Relief Board. and that Board shall make any findings as are required pursuant to D.C. Code § 4-6 l 9. and those findings shall be incorporated in a recommendation submitted to the Mayor.

"1.5:13 Each police officer appointed shall maintain an appropriate weight level in accordance with his or her age and height throughout his or her entire police career. The considerations in determining whether an appropriate weight level has not been maintained by any individual police officer shall be:

"(a) Whether the police officer's present weight level will substantially impair the officer's ability to perform the duties to which the officer is normally assigned; or

"(b) Whether the police officer's present weight level will have a substantial adverse effect on the officer's overall health, based upon a preponderance of the medical evidence.

"1.5:14 Individual determinations of appropriate weight levels shall be based upon the criteria provided in subsection 1.5:13 and shall be initially recommended by the police officer's assigned clinic physician to the Chairman of the Board of Police and Fire Surgeons.

"1.5:15 If the of ricer is dissatisfied with the recommendation of the clinic physician, he or she may submit the recommendation of his or her personal physician at no expense to the District of Columbia or the Metropolitan Police Department.

"1.5.16 The final determination with respect to inappropriate weight levels shall be made by the Chairman of the Board of Police and Fire Surgeons.".

TITLE II. REGULATION OF OFF-DUTY EMPLOYMENT

Sec. 201. Short title.

This title may be cited as the "Police Officers Outside Employment Amendment Act of 1998".

Sec. 202. The Council finds that:

(1) Off-duty or outside employment by members of the Metropolitan Police Department in private businesses requires strict regulation to prevent conflicts of interest and to ensure that such off-duty or outside employment does not interfere with the members' performance of their police duties.

(2) The Metropolitan Police Department's current system for regulating outside employment does not provide sufficient or oversight to ensure that existing regulations are followed.

(3) There is a widespread practice of members of the Metropolitan Police Department acting as referral agents and third-party employers for other members of the Metropolitan Police Department in violation of Metropolitan Police Department General Order 201.17 and subsection 301.4 of Title 6A of the District of Columbia Municipal Regulations.

(4) The practice of officers scheduling, brokering, or acting as referral agents for other officers who engage in outside employment presents an inherent conflict of interest.

(5) Excessive outside employment and overtime can result in police officer exhaustion and interference with an officer's performance of his police duties.

(6) A significant number of members of the Metropolitan Police Department who engage in outside employment are employed at ABC establishments.

(7) Outside employment by members of the Metropolitan Police Department at ABC establishments constitutes an inherent conflict of interest because the police regulate such establishments, at least in part.

Sec. 203. Section 2.5 of the Metropolitan Police Department Manual, issued January 14, 1972 (Reg. 72-2; 43 DCR 2839), is amended as follows:

(a) Subsection 2.5:1 is amended as follows:

(1) Strike the current definition of "Police-related outside employment".

(2) Add new definitions to read as follows:

"(a) "ABC establishment" means any business licensed or required to be licensed by the District of Columbia Metropolitan Police Department of Consumer and Regulatory Affairs Alcoholic Beverage Control Division and which sells alcoholic beverages for consumption on the premises.

"(b) "Brokering outside employment" means any practice whereby one member of the Metropolitan Police Department acts as an intermediary, liaison, referral agent, consultant, or third-party provider of police-related outside employment between a current or potential outside employer and any other member of the Metropolitan Police Department for the purpose of scheduling, coordinating, or any other similar activity.

"(c) "Outside employment" means the engagement in any line of business or the performance at any time of any work or service of any kind for any person, firm, or corporation, other than that required by one's official position in the Metropolitan Police Department, for the purpose of obtaining wages, salary, fee, gift, or other compensation.

"(d) "Overtime" means any employment for the Metropolitan Police Department outside of a member's regular tour of duty and for which a member receives compensation from the District of Columbia government.

"(e) "Police-related outside employment" means any outside employment which is conditioned upon membership in the Metropolitan Police Department or possession and potential use of a member's service weapon or police powers.".

(b) Subsection 2.5:2(o) is amended to read as follows:

"No member may engage in outside employment, including police-related outside employment, for any person, firm, or corporation that conducts business in any commercial establishment, the primary purpose of which is the sale of alcoholic beverages, including taverns, nightclubs and brew pubs, as these terms are defined in Chapter 4, Section 3 of the District of Columbia Alcoholic Beverage Control Act, approved January 24, 1934, (48 Stat. 319; D.C. Code §25-103). Nor may any member engage in outside employment for any person, firm or corporation whose business establishment is sexually-oriented as that term is defined in DCMR §199 ("Sexually-oriented business establishment")(July 1995). The Chief of Police, or his or her duly authorized designee, may revoke approval previously given to a member to engage in outside employment for any person, firm, or corporation that conducts business in any commercial establishment, the primary purpose of which is the sale of alcoholic beverages.

(c) New subsections 2.5:3, 2.5:4, and 2.5:5 are added to read as follows:

"2.5:3 No member shall act as an intermediary, liaison, referral agent, consultant, or third-party provider of police-related outside employment between a current or potential outside employer and any other member of the Metropolitan Police Department for the purpose of scheduling, coordinating, or any other similar activity. No member shall solicit any other member to work outside employment. No member shall be approved as a third-party employer of other members.

"2.5:4 Any member of the Metropolitan Police Department who engages in brokering outside employment shall be subject to Metropolitan Police Department discipline at the discretion of the Chief of Police, including adverse action. Any member of the Metropolitan Police Department at the rank of Captain or above who engages in brokering outside employment shall be subject to adverse action.

"2.5 :5 No member of the Metropolitan Police Department shall be disciplined for having engaged in conduct in violation of this section prior to the effective date of the Police Officers Outside Employment Amendment Act of 1998, where the conduct was in conformity with the then-existing rules and regulations of the Metropolitan Police Department.".

Sec. 204. Subsection 301.4 of Title 6A of the District of Columbia Municipal Regulations is repealed.

Sec. 205. Rulemaking; report to Council.

(a) Within 120 days of the effective date of this act, the Chief of Police shall submit to the Council a report and proposed rules on a comprehensive outside employment policy.

(b) The proposed rules shall contain the following:

(1) The maximum number of hours any member of the Metropolitan Police Department can work outside employment. overtime, and regular duty, per week;

(2) A requirement of at least 8 continuous hours without outside employment or overtime between regular duty shifts;

(3) A prohibition on any member working more than 25 hours of outside employment per week, or more than 16 hours per day of total police-related employment, including outside employment, regular duty' and overtime;

(4) Alternative methods of regulating outside employment, including a system whereby the Metropolitan Police Department contracts directly with private employers to provide members to engage in police-related outside employment, and for which members are compensated by the police Metropolitan Police Department rather than directly by private employers;

(5) Where a Metropolitan Police Department-contract model for outside employment is not advisable, provisions for alternative methods for regulating outside employment in use in other jurisdictions:

(6) Use of the Time, Attendance, and Court Information System to monitor outside employment;

(7) Provisions setting minimum wages for outside employment; and

(8) Provisions relating to liability of the Metropolitan Police Department to third parties approved by members engaging in outside employment and indemnification by outside employers to the police Metropolitan Police Department for such liability.

TITLE III. SEIZED CURRENCY

Sec. 301. This title may be cited as the "Metropolitan Police Department Depositing of Seized Currency Act of 1998".

Sec. 302. Title 23 of the District of Columbia Code is amended by adding a new subchapter IIa to read as follows:

"Subchapter IIa. Currency Seized by the Metropolitan Police Department.

"§23-531. Definitions.

"For the purposes of this subchapter, the term:

"(1) "Seized currency" means moneys. coins or negotiable instrument with monetary value, including personal checks. commercial checks, cashiers' checks, travelers' checks, bearer bonds, or money orders. seized by the Metropolitan Police Department or other District of Columbia law enforcement agency pending criminal forfeiture or civil forfeiture proceedings.

"(2) "Independent evidentiary value" includes the presence of fingerprints. written notations, or dye markings, traceable amounts of narcotic residue or other identifying substance on currency, or the packaging of currency in an incriminating manner.

"§23-532. Depositing of seized currency.

"(a)(1) Seized currency shall be promptly deposited in an interest-bearing escrow account in a federal insured financial institution in the District of Columbia to be administered by the Corporation Counsel, pending final disposition of forfeiture proceedings. Where practical, seized foreign currency shall be converted to U.S. currency and deposited.

"(2) Deposited seized currency, with any accrued interest, shall be transferred to the General Fund of the District of Columbia, or returned to the owners if directed by the Court, after the dispositions of forfeiture proceedings.

"(b)(1) The Chief of Police may grant an exception to subsection (a) of this section, pursuant to a request from the United States Attorney and the Corporation Counsel for the District of Columbia, if the seized currency is to be used as evidence and has independent evidentiary value. Seized currency retained pursuant to this subchapter shall be stored according to routine evidentiary procedures established by the Chief of Police.

"(2) The Chief of Police in consultation with the United States Attorney for the District of Columbia, shall consider whether other means of preserving the independent evidentiary value of the seized currency is feasible, including photography, in determining whether an exception to subsection (a) of this section shall be granted.

"(3) If part of the seized currency has independent evidentiary value, the remaining currency shall be deposited pursuant to subsection (a) of this section.

"(c) Nothing in this subchapter shall apply to currency advanced to the Metropolitan Police Department, from appropriated funds, for use  in undercover police activities.

"§23-533. Rules.

"The Chief of Police, in consultation with the United States Attorney for the District of Columbia and the Corporation Counsel, shall promulgate regulations to implement this subchapter within 30 days of the effective date of this act.

"§23-534. Applicability.

"The provisions of this subchapter shall apply to any seized currency in possession of the Metropolitan Police Department on the effective date of this act."

Sec. 303. Conforming amendments.

(a) Section 5(b) of An Act For the suppression of prostitution in the District of Columbia, effective May 7, 1993 (D.C. Law 9-267; D.C. Code §22-2723(b), is amended to read as follows:

"(b) All seizures and forfeitures of property under this section shall be pursuant to section 502 of the District of Columbia Uniform Controlled Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Code §33-552), except that seized money, coins, and currency shall be deposited as provided in subchapter Ila of chapter 5 of Title 23 of the District of Columbia.

(b) Section 502 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Code §33-552), is amended by adding a new subsection (a-1) to read as follows:

"(a-l) All moneys, coins, and currency forfeited pursuant to this act shall be deposited as provided in D.C. Code §23-527.".

TITLE IV. RETIREMENT WHILE UNDER DISCIPLINARY INVESTIGATION

Sec. 401. This title may be cited as the "Metropolitan Police Department Retirement While Under Disciplinary Investigation Act of 1998".

Sec. 402. Definitions.

For the purposes of this title:

(1) "Conditional Retirement" means that a member has retired from the Metropolitan Police Department while under disciplinary investigation for serious misconduct.

(2) "Disciplinary Investigation" means any official investigation by the Metropolitan Police Department, including the Office of Internal Affairs, of allegations of serious misconduct by any member of the Metropolitan Police Department.

(3) "Resignation" means the voluntary separation of a member from the Metropolitan Police Department before the member's pension rights have accrued and vested.

(4) "Retirement" means the voluntary separation of a member from the Metropolitan Police Department after the member's pension rights, retirement pay, or other benefits have accrued and vested as provided by federal or District of Columbia law or regulation.

(5) "Serious Misconduct" means any felony violation of federal, local, or District of Columbia law, making of a false statement under oath, falsification of official records or reports, unnecessary force, comprising a felony or assisting a person to escape investigation or prosecution thereof, use of illegal controlled substances, or other violations as determined by the Chief of Police by general order.

Sec. 403. Completion of disciplinary investigations.

The Metropolitan Police Department shall complete a disciplinary investigation. including issuing findings pursuant to the general orders, of a member regardless of whether that member resigns or retires while under investigation.

Sec. 404. Conditional retirement.

(a) Should a member of the Metropolitan Police Department retire or resign while under disciplinary investigation, that member shall be deemed to be in conditional retirement until the disciplinary investigation is completed and factual findings are made.

(b) A member who is in conditional retirement shall not be paid a pension or receive other accrued benefits of any kind, including salary, compensatory time, or accrued leave, during the pendency of the disciplinary investigation into his alleged misconduct.

(c) The Metropolitan Police Department shall complete the disciplinary investigation of any member in conditional retirement within 25 days from the date that the member retired or resigned. If the police Metropolitan Police Department has not completed the investigation 25 days from the date of retirement or resignation, the matter shall be deemed to be closed and the allegations of misconduct not sustained.

(d) If, at any time during a member's conditional retirement, the Metropolitan Police Department finds that the allegations of serious misconduct are not sustained or are unfounded, the matter shall be deemed to be closed and the member's pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned from the Metropolitan Police Department.

(e) If the Metropolitan Police Department sustains the allegations of serious misconduct, the disciplinary process shall proceed as if the member in conditional retirement continued to be a member of the Metropolitan Police Department. The member shall be accorded all rights to which he is entitled under federal and District of Columbia law and regulations, police regulations, and any applicable labor agreement.

(f) If the Metropolitan Police Department ultimately determines that a member in conditional retirement should be subjected to discipline as provided by law and regulation, the member shall be subject to penalties in lieu of discipline as provided in section 405.

(g) A member who retires or resigns from the Metropolitan Police Department without knowing that he or she was under disciplinary investigation for serious misconduct shall not be deemed to be in conditional retirement, but shall instead be provided the opportunity to continue employment with the Metropolitan Police Department during the pendency of the disciplinary investigation. Should the member decide to retire or resign after he or she has been informed of the disciplinary investigation, he or she shall be deemed to be in conditional retirement as provided in this section.

Sec. 405. Penalties in lieu of discipline for members in conditional retirement.

(a) The Metropolitan Police Department shall set the level of discipline for a member in conditional retirement as if he or she continued to be a member of the Metropolitan Police Department.

(b) For each day of suspension that a member in conditional retirement would have received as discipline had he or she remained a member of the Metropolitan Police Department, the member shall be assessed a penalty of not less than $ 100 and not greater than $5,000.

(c) If a member in conditional retirement would have been terminated from the Metropolitan Police Department as discipline for serious misconduct, the member shall be assessed a penalty of not less than $1,000 and not greater than $5,000 in the discretion of the Chief of Police, pursuant to written standards developed by the Chief of Police.

Sec. 406. Payment of penalties.

Penalties assessed against a member in conditional retirement as provided in section 406 shall be treated as a debt owed to the District of Columbia government and shall be deducted from the member's pension, retirement pay, or any other accrued benefits.

Sec. 407. Administrative Procedure Act

A member in conditional retirement may challenge the imposition of penalties imposed by sections 405 and 406 as an administrative proceeding before the District of Columbia Office of Employee Appeals, pursuant to the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Code §1-1501 et seq. ).

Section 408. Effective date.

This title shall apply upon adoption of regulations by the Chief of Police to implement this title. The Chief of Police shall adopt such regulations within 60 days of effective date of this act.

TITLE V. FISCAL IMPACT STATEMENT

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TITLE VI. EFFECTIVE DATE.

Sec. 601. 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 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)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.