Separation Pay, Term of Office and Voluntary Retirement Modifications for Chief of Police Charles H. Ramsey Emergency Declaration Resolution of 2003
PR 15-210

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Chairman Linda W. Cropp at the request of the Mayor

A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To declare the existence of an emergency with respect to the need to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978, An Act Relating to the Metropolitan police of the District of Columbia, and the District of Columbia Policemen and Firemen's Retirement and Disability Act; to modify the separation pay provisions applicable to the Executive Service in the case of involuntary separation from the District government of Chief of Police Charles H. Ramsey, to provide that effective April 21, 2003 Chief Ramsey shall serve in that capacity for a term of 4 years and 9 months, except that the Mayor may terminate him earlier with or without cause, and to increase the rate of annuity for voluntary retirement for Chief Ramsey to 3.43%, respectively.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Separation Pay, Term of Office and Voluntary Retirement Modifications for Chief of Police Charles H. Ramsey Emergency Declaration Resolution of 2003".

Sec. 2. (a) Effective April 21, 1998, Charles H. Ramsey, Chief of the Metropolitan Police Department, entered into a 5-year employment agreement with the Mayor and the District of Columbia Financial Responsibility and Management Assistance Authority (Authority).

(b) The employment agreement expired on April 20, 2003.

(c) While the Authority is no longer in existence and there is no requirement to enter into another employment agreement with the Chief of Police, the Mayor believes it is crucial for the stability and further improvement of public safety and policing operations in the District of Columbia to retain the services of Charles H. Ramsey as Chief of Police and to offer him special incentives as a means of rewarding the exceptional services he has rendered to the District of Columbia for the last 5 years.

(d) For these reasons, the Mayor proposes that effective April 21, 2003, Chief Ramsey shall serve a term of 4 years and 9 months as Chief of Police, except that the Mayor shall retain the authority to earlier terminate Chief Ramsey with or without cause. In addition, the Mayor proposes that effective April 21, 2003 Chief Ramsey shall receive separation pay for up to 6 months if involuntarily separated without cause, except that in the event Chief Ramsey is involuntarily separated without cause at any time during the last 6 months of his term, he shall be entitled to separation pay equal to the actual number of days remaining in his term; and an increase to the rate of annuity for voluntary retirement for Chief Ramsey to 3.43% effective on the date of his appointment as Chief of Police.

Sec. 3. The Council of the District of Columbia finds that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Separation Pay, Term of Office and Voluntary Retirement Modifications for Chief of Police Charles H. Ramsey Emergency Amendment Act of 2003 be adopted after a single reading.

Sec. 4. This resolution shall take effect immediately.

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ANTHONY A. WILLIAMS
MAYOR

May 8, 2003

The Honorable Linda W. Cropp
Chairman
Council of the District of Columbia
1350 Pennsylvania Ave, N.W., Suite 504
Washington, D.C. 20004

Dear Chairman Cropp:

Enclosed for the consideration of the Council of the District of Columbia are the "Separation Pay, Term of Office and Voluntary Retirement Modifications for Chief of Police H. Ramsey Emergency Declaration Resolution of 2003," "Separation Pay, Term of Office and Voluntary Retirement Modifications for Chief of Police H. Ramsey Emergency Amendment Act of 2003," "Separation Pay, Term of Office and Voluntary Retirement Modifications for Chief of Police H. Ramsey Temporary Amendment Act of 2003," "Separation Pay, Term of Office and Voluntary Retirement Modifications for Chief of Police H. Ramsey Amendment Act of 2003," "Executive Service Compensation System Changes Emergency Declaration Resolution of 2003" and the "Executive Service Compensation System Changes Approval Resolution of 2003.".

The enclosed pay resolution could change the Executive Service Pay Schedule to include Class 11 in Level ES and change the salary range for that level. The enclosed bills would modify the separation pay provisions applicable to the Executive Service in the event of involuntary separation from the District government of Chief of Police Charles H. Ramsey; specify that effective April 21, 2003, Chief Ramsey shall serve in the capacity of Chief of Police for a term of 4 years and 9 months, except that the Mayor has the authority to terminate him earlier with or without cause; and increase the rate of annuity for voluntary retirement for Chief Ramsey to 3.43%.

I respectfully request the Council's favorable consideration of the enclosed legislation.

Sincerely,
Anthony A. Williams

Enclosure
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May 7, 2003

Charles H. Ramsey
Washington, DC

Dear Chief Ramsey:

This letter serves to extend your appointment as Chief of Police, Metropolitan Police Department (MPD), District of Columbia government, and is effective April 21, 2003.

I. TERMS OF EMPLOYMENT

1. The District of Columbia government agrees to continue your employment effective April 21, 2003, until the end of the appointment period. The term of appointment shall be four (4) years and nine (9) months.
2. Any written notice to end this agreement at the termination date must be given to you by the Mayor at least ninety (90) days prior to the end of the term.
3. You will continue to be subject to the residency requirement applicable to all Executive Service employees, and you shall maintain bona fide District residency for the duration of your employment.

1. You shall serve as the Chief Administrative Officer of the MPD and shall perform all duties as prescribed by all applicable laws and regulations. You shall report directly to the Mayor. You shall be charged with the effective and impartial enforcement of all District laws and regulations for the protection of all citizens who live, work, or visit in the District of Columbia.
2. You shall be responsible for planning, organizing, directing, staffing and coordinating police operations, reporting the operational performance of the MPD and preparing its annual budget. You shall be responsible for formulating MPD General Orders and other rules and procedures in cooperation with the appropriate District agencies.
3. You shall devote your entire time and effort to the discharge of your official duties and shall not engage in any outside employment whether on a paid or unpaid basis.

A. Base Salary

Your rate of basic pay shall be One Hundred and Seventy Five Thousand Dollars ($175,U00) annually, less applicable deductions and tax withholdings, payable biweekly in accordance with the District's standard payroll schedule.

B. Universal Leave

As an Executive Service appointee, you will continue to receive 26 days of paid leave per year, which may be taken at anytime, and you will not be charged leave for any absence which is less than 8 hours.

C. Performance Incentives

As an Executive Service appointee, you shall be eligible to receive an annual performance incentive. The Mayor shall determine payment of the incentive after evaluating your job performance pursuant to mutually agreeable job performance objectives and goals established before the beginning of each fiscal year, subject to funding availability within the MPD.

D. Retirement

You shall receive a retirement annuity equal to 3.43% per each year of creditable service, and may elect survivor benefits upon retirement.

E. Other Benefits

You shall be eligible to participate in other employee benefit programs generally available to District government executives and employees as authorized by law, including disability compensation and health and life insurance programs.

IV. TERMINATION

A. Termination for Cause

The Mayor shall have the right to terminate your employment with the District government for cause if you (i) violate any material provision in this letter and do not cure said breach after receiving fifteen (15) days written notice thereof, (ii) commit acts of fraud or dishonesty, (iii) are convicted of any crime other than minor traffic offenses, or (iv) commit any act which results in the termination of a uniformed member of the WD or other District executive or employee.

If you are terminated for cause, you shall be entitled to compensation through the last day of your actual employment; however, you shall be required to pay any outstanding obligations. Notice of termination for cause shall be given to you in writing and shall specify the reasons for such termination.

B. Termination Without Cause

Notwithstanding any other provision in this letter, the Mayor shall have the right to discontinue your services without cause. The Mayor shall provide you with written notice of such termination.

In the event that you are terminated for any reason other than those described in paragraph A above, you shall be entitled to receive separation pay of up to 6 months of your basic rate of pay at the time of termination, payable biweekly in accordance with the District's standard payroll schedule. In the event that your are terminated without cause during the final 6 months of your term, you shall be entitled to separation pay equal to the actual number of months remaining in your term.

V. RESIGNATION

If you resign prior to the end of your term, you will be required to provide the Mayor with a 60-day written notice.

VI. SEVERABILITY CLAUSE

If a court of competent jurisdiction shall adjudge any clause, sentence, subparagraph or section of this letter to be invalid, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this letter.

Please indicate your agreement with the foregoing terms in this letter by signing and dating this letter below and return it to my attention at your earliest convenience.

Finally, please be advised that, as with all obligations that the District government incurs, the terms in this letter are contingent upon an annual appropriation for the District government. Additionally, the offer is contingent upon approval by the Council of the District of Columbia of those provisions that require an affirmative vote by the Council and approval by Congress.

Thank you for your continued service to the District of Columbia.

Sincerely,
Anthony A. Williams
Mayor

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ACCEPTANCE

Charles H. Ramsey
7 May 2003

cc: Margret Nedelkoff Kellems, Deputy Mayor for Public Safety and Justice
John A. Koskinen, City Administrator
Judy D. Banks, Interim Director of Personnel