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Chapter 6: PROPOSED LEGISLATION

The District of Columbia Omnibus Police Management Reform Act of 1998

Chapter 1. Recruiting and Training

Section 1. Minimum Standards for Members of the Metropolitan Police Department

(a) Prior to appointment, an applicant to become a sworn member of the Department must:

(1) be a citizen of the Untied States at the time the application is made;

(2) be [18-21] years of age at the time the application is made;

(3) be fingerprinted and be subjected to a search of local. state and federal records and fingerprint files to disclose any criminal record;

(4) not be on any court-ordered community supervision or probation for any criminal offense;

(5) not have been convicted of any misdemeanor above a Class _ misdemeanor within the five years immediately preceding the date of the application;

(6) not have ever been convicted of an offense that is a felony in the District of Columbia. This requirement is inapplicable if 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. Notwithstanding the foregoing, 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 Department;

(7) be of good moral character;

(8) be subjected to a thorough, comprehensive background investigation and be interviewed personally prior to enrollment at the academy by the Chief of Police or his designee;

(9) have successfully completed at least two years of post-secondary education. and by December 31, 2000, have successfully completed four years of post-secondary education;

(10) be examined by a licensed physician and be declared in writing within 180 days before the date of employment:

(A) to be physically sound and free from any defect which may adversely affect the performance of duty; and

(B) to show no trace of drug dependency or illegal drug use;

(11) be examined by a licensed psychologist or psychiatrist and be declared in writing within 180 days of employment to be in satisfactory psychological and emotional health;

(12) not have been discharged from any military service under less than honorable conditions including, specifically:

(A) under other than honorable conditions;

(B) bad conduct;

(C) dishonorable; or

(D) any other characterization or service indicating bad character;

(13) not have been the subject of a prior involuntary termination of employment from the Department; and

(b) Each applicant appointed to the Department must successfully complete the initial training program pursuant to Section 2 of this Chapter, except that the Chief of Police is authorized to waive this requirement for:

(A) any applicant who is a former sworn member of the Department who has been separated from employment with the Department for less than three years; or

(B) any former member of another federal, state or local law enforcement agency who has completed training similar to the Department's initial training program and has been separated from employment with a federal. state or local law enforcement agency for less than three years.

(c) For the purpose of this section. the 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.

(d) A classification of an offense as a felony at the time of conviction will never be changed because District of Columbia law has changed or because the offense would not be a felon under current District of Columbia laws.

Section 2. Reimbursement of Expenses

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

Section 3. Mandatory Initial Training Program for Members of the Metropolitan Police Department

(a) Prior to deployment, each applicant selected for appointment as a sworn member of the Department shall successfully complete an initial training program developed by the Department unless the applicant receives a waiver pursuant to section 1 of this Chapter.

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

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

(d) Mandatory Subjects — 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 Department.

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

(g) The 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.

Section 4. Mandatory Continuing Education Program for Sworn of the Metropolitan Police Department

(a) The Department shall develop and implement a program of continuing education for its sworn members. Each sworn member of the 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 Section 2 of this Chapter.

(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 Department's continuing education program shall consist of the following required components:

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

(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.

(d) The Department's continuing education program shall consist of 32 hours of training each year with a minimum of 10 hours devoted to the required components outlined in subsection (c) The remaining hours shall consist of 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 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 Department shall be required to successfully complete a firearms training program established by the Department. If a sworn member fails to successfully complete the firearms training program by December 31 of any calendar year. the 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 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 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 Chapter shall be construed as prohibiting the Department from establishing standards exceeding the standards set forth in this Chapter, including, but not limited to, increasing the sanctions for sworn members failing to comply with the requirements of this Chapter.

Section 5. Qualifications of Instructors

(a) An instructor of any component of the 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 section 1 of this Chapter;

(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, defined as:

(A) three 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 or administrative leave involving the determination worker’s compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.

(b) The Chief of Police is authorized to grant a waiver of subsections (a)(1) and (a)(3) of this section to a person of specialized skill to conduct a training program in that person's area of expertise.

Section 6. Annual Recruiting and Training Report

(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 Department's initial training program, continuing education program, and firearms training program.

(b) The report shall include:

(1) A detail of the number of applicants who have successfully completed the application process;

(2) A detail of the number of applicants who have completed the initial training program:

(3) A detail of 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.

Section 7. Effective Date.

Each section of this Chapter shall become effectively immediately upon adoption by the Chief of Police of regulations to implement that section. The Chief of Police shall adopt regulations to implement Sections 1 and 2 within 30 days of enactment of this Chapter. The Chief of Police shall adopt regulations to implement Sections 4 through 6 within 120 days of enactment of this Chapter.

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Chapter 2. Regulation of Off-Duty Employment

Section 1. Findings

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

(3) The Council finds that there is a widespread practice of members of the Metropolitan Police Department acting as referral agents and third-party employers or other members of the Metropolitan Police Department in violation of police General Order 201.17 and Section 2.5:3 of the Regulation Enacting the Police Manual for the District of Columbia enacted January 14, 1972 (Reg. 72.2; 18 DCR 417).

(4) The Council finds that 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) The Council finds that excessive outside employment and overtime can result in police officer exhaustion and interfere with an officer's performance of his police duties.

(6) The Council finds that a significant number of members of the Metropolitan Police Department who engage in outside employment are employed at ABC establishments.

(7) The Council finds that 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.

Section 2. Definitions

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

(2) "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.

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

(4) "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.

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

Section 3. Outside Employment at ABC Establishments Prohibited.

Section 2.5:3 of the Regulation Enacting the Police Manual for the District of Columbia enacted January 14, 1972 (Reg. 72.2; 18 DCR 417) is amended to include the following:

"No member shall engage in outside employment for any person, firm, or corporation as a private detective, civil process server, or in any capacity at any commercial establishment licensed by or required to be licensed by the District of Columbia Department of Consumer and Regulatory Affairs Alcoholic Beverage Control Division and which sells alcoholic beverages for consumption on the premises."

Section 4. Brokering for Outside Employment Prohibited.

Section 2.5:3 of the Regulation Enacting the Police Manual for the District of Columbia enacted January 14, 1972 (Reg. 72.2; 18 DCR 417) is amended to include the following:

"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."

Section 5. Discipline of Members who Engage in Brokering.

Any member of the Metropolitan Police Department who engages in brokering outside employment shall be subject to 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.

Section 6. Regulation of Outside Employment: Report.

Within 120 days of the effective date of this Act, the Chief of Police shall propose regulations and prepare a report, for consideration and adoption by the Council. of a comprehensive outside employment policy addressing the following subject areas. The proposed policy and report shall be referred to the Council Committee on the Judiciary.

The Chief of Police shall propose a policy that sets the maximum number of hours any member of the Metropolitan Police Department can work outside employment. overtime, and regular duty per week. Such policy shall include a requirement of at least 8 continuous hours without outside employment or overtime between regular duty shifts. Such policy shall not permit any member to work 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.

The Chief of Police also shall consider 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 department rather than directly by private employers. If the Chief of Police concludes that such a department contract model for outside employment is not advisable, he shall consider alternative methods for regulating outside employment in use in other jurisdictions. The Chief of Police also shall consider use of the Time, Attendance. and Court Information System to monitor outside employment. The proposed policy shall include provisions setting minimum wages for outside employment. The policy shall include 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 Department for such liability.

Section 7. Effective Date. Retroactivity.

This Chapter shall be effective immediately upon enactment and applied retroactively, provided however that no member of the Metropolitan Police Department shall be disciplined for having engaged in conduct in violation of this Act prior to its effective date in conformity with the then-existing rules and regulations of the Metropolitan Police Department.

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Chapter 3 Deposit of Seized Currency

Section 1. Definitions

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

Section 2. Seized Currency Deposited in Financial institution

(a) Pending final disposition of forfeiture proceedings, seized currency shall be deposited promptly in an interest-bearing escrow account in a financial institution to be administered by the Corporation Counsel. To the extent practicable. foreign currency or negotiable instruments in foreign currency shall be converted to U.S. currency and deposited.

(b) Upon dispositions of forfeiture proceedings, seized currency deposited shall be transferred to a general revenue fund for the District of Columbia, together with any accrued interest, or returned to the owners thereof as directed by the Court.

Section 3. Exception

(a) Pursuant to a request from the United States Attorney for the District of Columbia, the Chief of Police may grant an exception to this policy in extraordinary circumstances provided that the seized currency is to be used as evidence and has some independent evidentiary value. Seized currency retained pursuant to an exception shall be stored according to routine evidentiary procedures determined by the Chief of Police.

(b) "Independent evidentiary value" as used in subsection (a) of this section includes, but is not limited to, the presence of fingerprints, written notations, or dye markings; packaging in an incriminating fashion; or traceable amounts of narcotic residue or other identifying substance.

(c) In determining whether an exception shall be granted, 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.

(d) If only a portion of the seized currency has independent evidentiary value, the remainder shall be deposited pursuant to this Chapter.

(e) This Chapter does not apply to currency advanced from appropriated funds for use in undercover activities.

Section 4. Implementation

In consultation with the United States Attorney for the District of Columbia and the Corporation Counsel, the Chief of Police shall promulgate regulations to implement this Chapter within 30 days of its enactment. This Chapter shall be retroactive and all seized currency within the possession of the Metropolitan Police Department shall be promptly deposited upon enactment of this Chapter and adoption of the regulations.

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Chapter 4: Retirement Under Disciplinary Investigation

Section 1. Findings.

(1) The Council finds that members of the Metropolitan Police Department currently are permitted to retire or resign from the police while under disciplinary investigation without ramifications for their potential misconduct.

(2) The Council finds that no member who is under investigation for alleged misconduct should be permitted entirely to escape discipline through retirement or resignation while under investigation.

Section 2. Definitions.

(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 but not limited to the Office of Internal Affairs, of allegations of serious misconduct by any member of the Metropolitan Police Department.

(3) "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, compromising 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.

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

Section 3. 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.

Section 4. 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 department has not completed the investigation 25 days from the date or 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 at which the member initially retired or resigned from the 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 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. Should the Metropolitan Police Department ultimately determine 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 5.

G. A member who retires or resigns from the Metropolitan Police Department without knowing that he 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 Department during the pendency of the disciplinary investigation. Should the member decide to retire or resign after he has been informed of the disciplinary investigation, he shall be deemed to be in conditional retirement as provided in this Section.

Section 5. 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 continued to be a member of the Department.

B. For each day of suspension that a member in conditional retirement would have received as discipline had he remained a member of the Department, the member shall be assessed a penalty of $100 up to a maximum of $5,000.

C. If a member in conditional retirement would have been terminated from the Department as discipline for serious misconduct, the member shall be assessed a penalty of no less than $1,000 and no greater than $5,000 in the discretion of the Chief of Police.

Section 6. Payment of Penalties.

Penalties assessed against a member in conditional retirement as provided in Section 6 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.

Section 7. Administrative Procedures Act.

A member in conditional retirement may challenge the imposition of penalties as provided in Sections 6 and 7 is an administrative proceeding before the District of Columbia Office of Employee Appeals pursuant to the District of Columbia Administrative Procedures Act D.C. Code §1-1501, et seq.

Section 8. Severability and Construction.

This Chapter should be broadly construed to effect its remedial purpose. If any provision of this Act is ultimately judicially determined to be invalid, any remaining provisions not so found shall be given full effect where possible.

Section 9. Effective Date. Retroactivity .

This Chapter shall be effective immediately upon adoption of regulations by the Chief of Police to implement this Chapter. The Chief of Police shall adopt such regulations within 60 days of enactment.