Omnibus Public Safety Agency Reform Amendment Act of 2002
Bill 14-610

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To require the Fire Chief and the Chief of Police to establish criteria for command star promotions; to establish the position of Director of Training in the Fire and Emergency Medical Services Department; to amend the Omnibus Police Reform Amendment Act of 2000 to designate one member of the Police and Standards Board to be a representative from the union and other; to amend the Police Officer and Firefighter Cadet Programs Funding Authorization and Human Rights Act of 1977 Amendment Act of 1982 to establish a paramedic cadet program in the Fire and Emergency Medical Services Department; to amend the District of Columbia's Police and Firemen's Salary Act of 1958 to require the Mayor to conduct .a compensation study for Fire and Police Departments; to require the Fire Department and Police Department to provide notice of an adverse action within 45 days of the date that Fire Department or Police Department knew or should have known of the incident constituting cause; to require that Fire Department and Police Department to implement a limited duty program; to amend the Metropolitan Police Department Manual to authorize the Chief of Police to determine the circumstances under which off-duty members of the Metropolitan Police Department must carry their service firearms; to require biennial physical exam, agility testing and psychological testing; to clarify that the Mayor may delegate his personnel authority only to the Director of Personnel; to authorize, under certain conditions, campus police forces to enter into cooperative agreements with the Metropolitan Police Department for crime prevention and law enforcement purposes, to provide that campus police officers shall be subject to the same restrictions as District police officers when making arrests, to preclude the District of Columbia from being held civilly liable for actions occurring as a result a cooperative agreement, and to amend the Office of Citizen Complaint Review Establishment Act of 1998 to provide that campus police forces that enter into agreements with the Metropolitan Police Department shall covered by its provisions.

Councilmembers Kathy Patterson, Jack Evans, Kevin Chavous, Vincent Orange and Chairman Linda Cropp introduced the following bill, which was referred to the Committee on the Judiciary with comments from the Committee on Government Operations. 

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Omnibus Public Safety Agency Reform Amendment Act of 2002".

TITLE I. PROMOTIONS FOR COMMAND STAFF FOR FIRE AND POLICE

Sec. 101. Short title.

This title may be cited as the "Command Staff Promotions for Fire and Police Amendment Act of 2002".

Sec. 102. Section 2 of An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved June 20, 1906 (34 Stat. 314; D.C. Official Code § 5-402), is amended as follows:

(a) Designate the existing language as subsection (a).

"(b)(1) The Fire Chief shall recommend to the Director of Personnel criteria for Career Service promotions and Excepted Service appointments to Battalion Fire Chief and Deputy Fire Chief that address the areas of education, experience, physical fitness and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments. When establishing the criteria, the Fire Chief shall review the National Fire Protection Association's Standard on Fire Officer Professional Qualifications."

"(2) All candidates for the position of Battalion Fire Chief and Deputy Fire Chief shall be of good standing with no disciplinary action pending or administered resulting in a 15-day suspension or termination within the past 5 years.".

Sec. 103. Section 1 of An Act Relating to the Metropolitan Police of the District of Columbia, approved February 28, 1901 (31 Stat. 819; D.C. Official Code § 5-105.01), is amended as follows:

(a) Designate the existing language as subsection (a).

"(b)(1) The Police Chief shall recommend to the Director of Personnel criteria for Career Service promotions and Excepted Service appointments to Inspector, Commander and Assistant Chief of Police that address the areas of education, experience, physical fitness and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments. When establishing the criteria, the Police Chief shall review standards of the Commission on Accreditation for Law Enforcement Agencies.".

"(2) All candidates for the positions of Inspector, Commander and Assistant Chief of Police shall be of good standing with no disciplinary action pending or administered resulting in a 15-day suspension or termination within the past 5 years.".

Sec. 104. The District of Columbia Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 6-101.01 et seq.), is amended as follows:

(a) Section 801 (D.C. Official § 1-608.01) is amended by adding new subsections (d-2) and (d-3) to read as follows:

"(d-2)(1) The Chief of Police shall recommend to the Director of Personnel criteria for Career Service promotions and Excepted Service appointments to the positions of Inspector, Commander, and Assistant Chief of Police that address the areas of education, experience, physical fitness, and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments. When establishing the criteria, the Chief of Police shall review the standards of the Commission on Accreditation for Law Enforcement Agencies.

"(2) All candidates for the positions of inspector, Commander, and Assistant Chief of Police shall be of good standing with no disciplinary action pending or administered resulting in a 15-day suspension or termination within the past 5 years.

"(d-3)(1) The Fire Chief shall recommend to the Mayor criteria for Career Service promotions and Excepted Service appointments to the positions of Battalion Fire Chief and Deputy Fire Chief that address the areas of education, experience, physical fitness, and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments. When establishing the criteria, the Fire Chief shall review the National Fire Protection Association's Standard on Fire Officer Professional Qualifications.

"(2) All candidates for the positions of Battalion Fire Chief and Deputy Fire Chief shall be of good standing with no disciplinary action pending or administered resulting in a 15-day suspension or termination within the past 5 years.".

(b) Section 3203(a) (D.C. Official Code § 1-632.03(a)) is amended as follows: 

(1) Paragraph (1) is amended as follows:

 (A) Subparagraph (b) is amended by striking the phrase "5-105.01," and inserting the phrase "5-105.01(a)," in its place.

(B) Subparagraph (L) is amended by striking the phrase "5-402," and inserting the phrase "5-402(a)," in its place.

TITLE II. OFFICE OF TRAINING FOR FIRE AND EMERGENCY MEDICAL SERVICES

Sec. 201. Short title.

This title may be cited as the "Fire and Emergency Medical Services Department Office of Training Act of 2002".

Sec. 202. There is hereby established in the Department of Fire and Emergency Medical Services and Office of Training under the supervision of a Director of Training, who shall carry out the functions and authorities assigned to the Office.

(a) The Director shall design an education and training program that encompasses entry-level and in-service training and addresses issues such as skills with specialized equipment acquired to address special hazards, knowledge of new construction techniques, and emergency medicine skills for target audiences such as the disabled, elderly and very young. The education and training program shall be based upon the Department's mission and operational performance measures.

(b) The Director shall develop and implement a program of certification for firefighters, paramedics and emergency medical technicians. In addition, the Director shall determine the appropriate consequence, including ineligibility for promotion, if a member fails to satisfy the continuing education requirements.

(c) The Director shall be a member of the Management Supervisory Service.

TITLE III. POLICE TRAINING AND STANDARDS BOARD

Sec. 301. Short title.

This title may be cited as the "District of Columbia Police Training and Standards Board Technical Amendment Act of 2002".

Sec. 302. The Metropolitan Police Department Application, Appointment, and Training Requirements Act of 2000, effective October 4, 2000 (D.C. Law 13-160; D.C. Official Code § 5107.01 et seq.), is amended as follows:

(a) Section 204(b)(8) (D.C. Official Code § 5-107.03(b)(8)) is amended by striking the phrase "Two police representatives" and inserting the phrase "One police representative appointed by the certified collective bargaining agent and one police representative" in its place.

(b) Section 205(f)(B) (D.C. Official Code § 5.107.04) is amended as follows:

(1) Subsection (f)(b) is amended by striking the phrase "November 31" and inserting the phrase "October 31" in its place.

(2) A new subsection (f-1) is added to read as follows:

"(f- I)(1) Within 180 days of the effective date of the Omnibus Public Safety Reform Amendment Act of 2002, the Training and Standards Board shall develop guidelines for the Metropolitan Police Department to electronically record interrogations.

"(2) Following the issuance of the guidelines, the Training and Standards Board shall keep statistics on how often the police department records interrogations and what disciplinary action is taken in cases where a recording is not done as required by the guidelines.".

"(f-2) Within 24 months of the effective date of the District of Columbia Police Training and Standards Board Technical Amendment Act of 2002, the Training and Standards Board shall review:

"(1) The issue of creating separate career tracks for patrol and investigations; "(2) The tuition assistance program.". 

TITLE IV. PARAMEDIC CADET PROGRAM 

Sec. 401. Short title.

This title may be cited as the "Paramedic Cadet Program Act of 2002".

Sec. 402. Section 2 of the Police Officer and Firefighter Cadet Programs Funding Authorization and Human Rights Act of 1977 Amendment Act of 1982, effective March 9, 1983 (D.C. Law 4-172; D.C. Official Code §§5-109.Oi and 5-418), is amended as follows:

(a) Subsection (b) (D.C. Official Code § 5-418(a)) is amended to read as follows:

"(b) The Chief of the District of Columbia Fire and Emergency Medical Services Department shall establish a firefighter and paramedic cadet program for the purpose of instructing, training, and exposing interested persons, primarily young adults residing in the District of Columbia, to the operations of the District of Columbia Fire and Emergency Medical Services Department and the duties, tasks, and responsibilities of serving as a firefighter or paramedic with the District of Columbia Fire and Emergency Medical Services Department. The Fire Chief will establish performance measures for the program.".

(b) Subsection (c) (D.C. Official Code § 5-109.01(b) and 5-418(b))) is amended by striking the phrase "Fire Department" and inserting the phrase "Fire and Emergency Medical Services Department" in its place.

TITLE V. COMPENSATION FOR THE MPD EMERGENCY RESPONSE TEAM

Sec. 501. Short title.

This title may be cited as the "Compensation for the Metropolitan Police Department Emergency Response Team Amendment Act of 2002".

Sec. 502. Section 202 of the District of Columbia Police and Firemen's Salary Act of 1958, approved August 1, 1958 (72 Stat. 483; D.C. Official Code §5-542.02) is amended as follows:

"(a) Strike the phrase "The additional compensation authorized" and insert the phrase "Further, each officer or member of the Metropolitan Police Department assigned on or after the effective date of the Compensation for Fire and Police Amendment Act of 2002 to serve on emergency response teams shall receive, in addition to his or her scheduled rate of basic compensation, $2,710 per annum so long as he or she remains in such assignment. The additional compensation authorized" in its place.

TITLE VI. ADVERSE ACTIONS; GRIEVANCES

Sec. 601. Short title.

This title may be cited as the "Fire and Police Adverse Action Procedure Act of 2002".

Sec. 602. Commencement of corrective or adverse action.

(a) Except as provided in subsection (b), no corrective or adverse action against any police officer, firefighter, paramedic or EMT shall be commenced more than 45 days, not including Saturdays, Sundays, or legal holidays, after the date that the Fire Department or Police Department knew or should have known of the act or occurrence allegedly constituting cause.

(b) In the event that the act or occurrence allegedly constituting cause is the subject of an ongoing criminal investigation, the 45-day limit imposed earlier shall be tolled until the conclusion of the criminal investigation.

Section 603. Report on misconduct allegations and grievances.

The Chief of Police and the Fire Chief shall, not later than October 31 of each calendar year, beginning in 2003, deliver a report to the Mayor and the Council concerning misconduct and grievances filed by or against members of the department. The report shall:

(1) Contain the number of individuals, of all rank and services, investigated and disciplined for misconduct. The report shall present these numbers categorized by the nature of the misconduct allegations and the nature of those misconduct allegations that are substantiated;

(2) Contain the number of grievances filed by individuals, including complaints filed with Equal Employment Opportunity Commission, categorized by the nature of the grievance filed and the nature of those grievances that are substantiated.

TITLE VII. LIMITED DUTY

Sec. 701. Short title.

This title may be cited as the " Fire and Police Limited Duty Act of 2002".

Sec. 702. Section 12(a)(2) of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirteenth, nineteen hundred and seventeen, and for other purposes, approved September 1, 1916 (39 Stat. 718; D.C. Official Code §5-701(2)) is amended to by striking the phrase "disease or injury" and inserting the phrase "disease, injury, or unable to meet departmental physical performance standards," in its place.

Sec. 703. Processing claims of injuries allegedly sustained within performance of duty.

The Fire Department and Emergency Medical Services Department and the Metropolitan Police Department shall make a ruling regarding claims of injuries sustained within the performance of duty within 30 calendar days of a claim being reported to the department. If the department fails to meet the 30-day deadline, there shall be rebuttable presumption that the injury is duty-related. Until the presumption is rebutted by a finding by the department that the injury is not duty-related, the department shall be responsible for all treatment costs and loss-of-time pay after the 30-day period has expired. If the department subsequently makes a finding that the injury is not duty-related, the department shall be entitled to recover from the injured officer, firefighter any pay or treatment costs the department incurred between the period beginning on the 31 S` calendar day following the reporting of the claim and ending on the day of the department's finding that the injury was not sustained in the performance of duty.

Sec. 704. Limited duty.

(a) For the purposes of this section, the term "limited duty" means a temporary status for members who, because of injury or other temporary medical disability as a result of performance of duty, are not able to perform full police and firefighting duties, but are certified by a Clinic physician as being capable of effectively performing certain types of limited duty.

(b) The Police Chief and Fire Chief shall designate limited duty positions within each department, define duties associated with each position, and include in the description the tours of duty, work to be performed, and job location. The Chief of Police and the Fire Chief shall assign to a designated limited duty position any department member who is expected to to be on limited duty status for 2 or more weeks. Department members on limited duty status may undertake required inservice training at the discretion of the Chief of Police or Fire Chief.

(c) Limited duty assignments shall be for a specific period of time, depending on the prognosis for return to full duty. The Police and Fire Clinic Division shall reevaluate the condition of a limited duty firefighter or police officer under his/her purview and make a further recommendation at least every 30 days concerning the firefighter or officer's condition. If at any time, it is determined that the firefighter or police officer is maximally medically improved, but not able to return to full duty, such members are considered to be permanently disabled.

(d) A firefighter or police officer who is unable to perform the full range of duties and whose prognosis for return to full duty will exceed 12 months may be separated from the Fire Department or Police Department in accordance with applicable provisions of law.

(e) A firefighter or police officer who is unable to return to full duty after being in a limited-duty status for a period of 12 months shall be separated from the Fire Department or Police Department in accordance with applicable provisions of law.

(f) A sworn police officer's police powers and his/her authorization to carry a firearm shall be revoked immediately upon his or her being place on limited duty status.

(g) A firefighter or police officer on limited duty status shall not be permitted to work voluntary overtime.

(h) A firefighter or police officer assigned to a limited duty assignment shall not accept or continue any off-duty employment without the specific approval of his/her supervisor.

TITLE VIII. OFF-DUTY SERVICE FIREARM

Sec. 801. Short title.

This title may be cited as the "Off-Duty Service Firearm Authorization Amendment Act of 2002".

Sec. 802. Section 2.3.1 of the "Regulation Enacting the Police Manual for the District of Columbia", effective January 14, 1972 (Reg. 72-2; 6A DCMR 206.1), is amended to read as follows:

"A member of the force, when off duty any place in the District of Columbia, shall carry his or her badge and identification card and service firearm except in his or her residence and as the Chief of Police may designate."

TITLE IX. PHYSICAL AND PSYCHOLOGICAL STANDARDS

Sec. 901. Short title.

This title may be cited as the "Metropolitan Police Department Physical and Psychological Standards Amendment Act of 2002".

Sec. 902. The Metropolitan Police Department Application, Appointment, and Training Requirements Act of 2000, effective October 4, 2000 (D.C. Law 13-160; D.C. Official Code § 5 107.01 et seg.), is amended by adding new sections 203a and 203b to read as follows:

"Sec. 203a. Physical examinations and agility standards.

"All sworn officers of the Metropolitan Police Department shall be required to submit to a biennial physical examination performed by a physician at the Police Clinic using current medical standards adopted after consultation with medical professionals within 180 days of the effective date of the Metropolitan Police Department Physical and Psychological Standards Amendment Act of 2002. The biennial physical agility testing shall be based on full duty physical performance standards developed within 180 days of the effective date of this Metropolitan Police Department Physical and Psychological Standards Amendment Act of 2002".

"Sec. 203b. Psychological profile and examinations.

"(a) The Metropolitan Police Department shall undertake a comprehensive psychological profile of each sworn member of the department within the fiscal year that begins after the enactment of this act"

"(b) Thereafter all sworn officers of the Metropolitan Police Department shall be required to submit to a biennial psychological and emotional health examination performed by a licensed psychologist or psychiatrist at the Police Clinic.".

TITLE X. PERSONNEL AUTHORITY AND COMPENSATION

Sec. 1001. Short title.

This title may be cited as the "District of Columbia Government Comprehensive Merit Personnel Act of 1978 Technical Amendment Act of 2002".

Sec. 1002. Section 402(d) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1604.02(d)), is amended by striking the phrase "to the Director of Personnel" and inserting the phrase "exclusively to the Director of Personnel" in its place.

Sec. 1003. Section 402 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.02) is amended by adding a new subsection (e) to read as follows:

"(e) The Director of Personnel shall conduct a classification and compensation study of all sworn and civilian pay classes of the Department of Fire and Emergency Medical Services and Metropolitan Police Department and, based upon those studies, recommend reforms to promote equity, competitive pay, and sound performance management. The areas for review shall include but not be limited to recruitment, retention, longevity, hazardous duty, technical pay, and pay incentives for recognition of superior performance based on standards promulgated by the Director of Personnel.."

(b) Contents of agreements - An agreement entered into between a covered campus police force and the Metropolitan Police Department pursuant to this section may include agreements relating to:

(1) Sending personnel of the force on patrol in areas of the District of Columbia which run through the property of a university and any public street immediately adjacent to property owned, leased, or controlled by a university, notwithstanding section 1200.2 of Title 6A of the District of Columbia Municipal Regulations, and granting personnel of the force the power to arrest and enforce District criminal and civil statutes in such areas;

(2) Sharing and donating equipment and supplies with the Metropolitan Police Department;

(3) Operating on sharing radio frequencies with the Metropolitan Police Department;

(4) Permitting personnel of the force to carry out processing and papering of the suspects they arrest in the District of Columbia; and

 (5 ) Such other items as the force and the Metropolitan Police Department may agree to include in the agreement.

(c) Coordination with the Office of the Corporation Counsel - Agreements entered into pursuant to this section shall be coordinated in advance with the Office of the Corporation Counsel for the District of Columbia.

(d) Covered campus police forces described - In this section, the term "covered campus police force" means campus and/or university special police officers who are appointed for duty in connection with the property of, or under the charge of, an academic institution of higher education.

Sec. 1103. Restrictions on powers and duties of campus police officers. Officers, when acting under the authority granted in section 2(a), shall be subject to the restrictions imposed on Metropolitan Police Department officers under the laws codified in Chapter I of Title 4 of the District of Columbia Code. These restrictions include, but are not limited to, arrests under section 301 of An Act Relating to crime and criminal procedure in the District of Columbia, approved December 27, 1967 (81 Stat. 735; D.C. Code § 4-140), use of unnecessary or wanton force under section 434 of the Revised Statutes (D.C. Code § 4-176), and the use of trachea and carotid artery holds under section 3 and 4 of the Limitation on the Use of Chokehold Act of 1985, effective January 25, 1986 (D.C. Law 6-77; D.C. Code §§ 4-189 and 4190).

Sec. 1104 (a) The Chief of Police shall establish a continuing public information program to inform the public, at a minimum, of which campus police forces located in the District of Columbia have authority to make arrests on public streets that run through the property of a university and any public street immediately adjacent to property owned, leased, or controlled by a university.

(b) All cooperative agreements with campus police forces shall provide:

(1) Whether the Metropolitan Police Department or the campus police force has priority at the scene; and

(2) That misconduct by campus police force officers will be investigated by the Citizen Complaint Review Board in addition to any investigation required by university policy and/or union contract.

Sec. 1105. The District of Columbia shall be civilly liable for any action or inaction occurring pursuant to a cooperative agreement created pursuant to this section. Sec. 1106. Section 8 of the Office of Citizen Complaint Review Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-208; D.C. Code § 4-917)), is amended as follows:

(b) Add a new subsection (k) to read as follows:

"(k) This act shall also apply to any campus police force that, pursuant to the Campus Police Force Cooperation Act of 2002, has a cooperative agreement with the Metropolitan Police Department; provided, that the Chief of the respective campus police shall perform the duties of the Metropolitan Police Department Chief of Police for the members of his or her respective force.". TITLE XII. FISCAL IMPACT STATEMENT The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602 (c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

TITLE XIII. EFFECTIVE DATE