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Report of the Special Committee on Police Misconduct and Personnel Management of the Council of the District of Columbia
October 6, 1998

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Linda Cropp
Chairperson of the Council
Jack Evans, Committee Chairperson
Kathleen Patterson, Committee Chairperson

Members:

Hilda Mason
Harold Brazil
Carol Schwartz
David Catania
Frank Smith
C. Drew Jarvis
Harry Thomas
Sharon Ambrose
Kevin Chavous
Sandra Allen

COUNCIL OF THE DISTRICT OF COLUMBIA
WASHINGTON, D.C. 20004

SPECIAL COMMITTEE ON POLICE MISCONDUCT AND PERSONNEL MANAGEMENT

Office of Special Counsel
Vinson & Elkins, L.L.P.
1445 Pennsylvania Avenue, N.W.
Washington, DC 20004-1008
Special Counsel (202) 639-6660
Hotline (202) 639-6758
Fax (202) 639-6604r

Mark H. Tuohey, III, Special Counsel
William E. Lawler, III, Deputy Special Counsel
Craig D. Margolis, Assistant Special Counsel
Jerome A. Swindell, Assistant Special Counsel

REPORT OF THE SPECIAL COMMITTEE ON POLICE MISCONDUCT AND PERSONNEL MANAGEMENT OF THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Jack Evans
Councilmember Kathy Patterson
Co-Chairs

Photo: Patterson, Evans, Tuohey
Mark Tuohey presents report as Councilmembers Kathy Patterson and Jack Evans look on

Submitted by: Mark H. Tuohey III, Special Counsel
William E. Lawler III, Deputy Special Counsel
Jerome A. Swindell
Craig D. Margolis, Associate Special Counsel

October 6, 1998

TABLE OF CONTENTS

INTRODUCTION

Chapter 1 EXECUTIVE SUMMARY AND MAJOR RECOMMENDATIONS

I. Statutory Changes

1.1 Recruiting and Training
1.2 Off-Duty Employment
1.3 Seized Currency
1.4 Retirement/Resignation While Under Investigation
1.5 Whistleblower Protection
1.6 Citizen Complaints

II. Regulatory Changes

III. Metropolitan Police Department Operating Procedure Changes

IV. Management Recommendations

Chapter 2 FURTHER COUNCIL INQUIRY

Chapter 3 THE METROPOLITAN POLICE DEPARTMENT

A. Structure and Staffing
B. Leadership and Decisionmaking

Chapter 4 SUMMARY OF SPECIAL COMMITTEE'S WORK

A. Investigation Methodology
B. Whistleblowing and Retaliation Issues

1. Treatment of Police Officers Who Report Misconduct or Mismanagement
2. Whistleblower Protection
3. Recommendations

C. Recruiting. Training and Performance Evaluation

1. Recruiting

a. The Application Process
b. Minimum Standards for Employment
c. Juvenile Records
d. Unaccepted Offers of Employment
e. Contingent Hiring
f. Recommendations

2. Training

a. Recruit Training
b. In-Service Training
c. Specialized Training
d. Physical Plant
e. The General Orders
f. Recommendations

3. Performance Evaluation

a. Overview
b. Recommendations

D. Management of Personnel: Overtime and Off-Duty Work

1. Police Overtime

a. Overview
b. Court Overtime
c. Programmatic Overtime
d. “Lapsed Salaries”
e. Recommendations

2. Off-Duty Employment

a. Overview
b. Off-Duty Employment Policy
c. Off-Duty Employment Practice — "Brokering"
d. Off-Duty Employment Practice — ABC Establishments
e. Off-Duty Employment Practice — Hours and Unauthorized Moonlighting
f. Recommendations

E. Management of Equipment, Property and Information Technology

1. The Procurement Process
2. The Technical Services Bureau
3. Fleet Management
4. Vehicle Repair
5. Vehicle Purchases
6. Property Division
7. Criminal Evidence
8. Uniforms and Equipment
9. Material Management
10. Communications Division

a. The 911 System

11. Information Services Division

a. The IT Initiative

12. Recommendations

F. Citizen Interaction and Community Policing

1. Overview
2. Citizen Complaint Procedures
3. Chief’s Citizens Advisory Council ("CAC")
4. Citizen Volunteer Efforts
5. Community Policing
6. Community Prosecution Program
7. Recommendations

G. Disciplinary Proceedings Against Sworn Members of the Metropolitan Police Department

1. The Appeal Process
2. Court No-Shows and Preventable Automobile Accidents
3. Tracking Discipline
4. Miscellaneous
5. The Office of Internal Affairs
6. Internal Affairs Staffing
7. OIA’s Relationship with Other Agencies
8. Recommendations

Chapter 5 REFERRALS FOR INVESTIGATION

Chapter 6 PROPOSED LEGISLATION

[Appendices were not included in the printed report, and are not online.]

Appendix A: Legislative Materials Relating to Establishment of the Special Committee on Police Misconduct and Personnel Management and its Rules of Organization and Procedure

Appendix B: Whistleblowing and Retaliation Materials

Appendix C: Recruiting and Training Materials

Appendix D: Management of Personnel: Overtime and Off-Duty Employment Materials

Appendix E: Management of Equipment, Property and Information Technology Materials

Appendix F: Citizen Interaction and Community Policing Materials

Appendix G: Disciplinary Proceedings Materials

Appendix H: MPD Restructuring Plan

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