Councilmember Sandra Allen
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA Councilmember Sandra Allen introduced the following bill, which was referred to the
Committee on _____ To establish a Police Conduct Review Board for the District of Columbia. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Police Conduct Review Board Act of 1997". Sec. 2. Findings. The Council of the District of Columbia finds that: (a) The District of Columbia has delegated to its Metropolitan Police Department the
vital task of protecting the safety of all persons and property in the District of
Columbia. That task is difficult, dangerous, and sensitive. (b) Most members of the Metropolitan Police Department perform their duties with
diligence, devotion, and sensitivity. However, from time to time members of the
Metropolitan Police Department do not act in accordance with the high standards of conduct
that the people of the District of Columbia have a right to expect from them. On other
occasions, honest misunderstandings arise between police officers and members of the
public with whom they interact. (c) Because police officers have been given extraordinary powers, it is essential that
there be an effective and efficient system for reviewing their exercise of those powers.
It is also essential that both police officers and members of the public have confidence
that this system of review is fair unbiased. It is also essential that members of the
public be aware of this system and have easy access to its processes. (d) The need for civilian review of police activities has been widely recognized across
the nation. Effective civilian police and the community, reduces community tensions,
deters police misconduct, and increases the public’s confidence in their police force. (e) Some complaints against police officers require formal proceedings, but many can
best be resolved through mediation or other dispute resolution techniques. An effective
and efficient review mechanism should encompass a variety of procedures for dealing with
different complaints in an appropriate manner. Back to top of page Sec. 3. Purpose. It is the purpose of this act to establish an effective, efficient and fair system of
civilian review of complaints against police officers in the District of Columbia, which
will: (a) be visible to and easily accessible by all segments of the public; (b) promptly and thoroughly investigate claims of police misconduct; (c) encourage the mutually agreeable resolution of complaints through mediation and
conciliation; (d) provide adequate due process protection to officers accused of misconduct; (e) provide fair and speedy hearings in cases that cannot be resolved through
mediation: (f) foster increased communication and understanding: and reduced tension, between the
police and the public; and (g) improve the public safety and welfare of all persons in the District of Columbia. Back to top of page Sec. 4. Police Conduct Review Board established. (a) There is hereby established a District of Columbia Police Conduct Review Board,
hereinafter referred to as the Board. (b) The appropriation of such funds as may be necessary to carry out the provisions of
this act is hereby authorized. (c) The Board shall be composed of seven members, who shall be appointed by the Mayor
with the advice and consent of the Council. All members shall be residents of the District
of Columbia. No member shall be an active or retired member of the Metropolitan Police
Department. The Mayor shall, from time to time, designate one member of the Board to be
the Chairperson. (d) Members of the Board shall be appointed for terms of three years, except that of
the members first appointed, three shall be appointed for a term of three years, two shall
be appointed for a term of two years and two shall be appointed for a term
of one year. Any person appointed to fill an unexpired term shall be appointed only for
the unexpired portion of that term. (e) A member may be removed for good cause shown by the Mayor with the concurrence of a
majority vote of the Board or by a Board shall be regulation establish procedures for good
cause removal of a member. (f) No member shall serve more than two consecutive terms; provided, however. that a
member shall serve until his or her successor has been appointed. (g) A majority of the Board shall constitute a quorum. Decisions shall be made by
majority vote. Back to top of page Sec. 5. Authority of the Board; compensation. (a) The Board is authorized to establish policies and procedures for obtaining and
resolving complaints filed against members of the Metropolitan Police Department or
Special Police employed by the District of Columbia government: to review and determine
the disposition of such complaints; to educate the public and the police about the
importance of improving communication between them; to conduct research and studies
regarding police-community relations and regarding the causes, nature, extent, and
prevention of police misconduct; and to inform the Mayor, the Council, the Metropolitan
Police Department and the public about its activities and its findings. (i) Harassment;
(ii) Use of unnecessary or excessive force:
(iii) Use of language or conduct that is insulting, demeaning or humiliating; or
(iv) Discriminatory treatment based upon a person’s race, color, religion, national
origin, sex, age marital status, personal appearance, sexual orientation, family
responsibilities, physical handicap, matriculation. political affiliation. source of
income, or place of residence or business.
(c) Except as otherwise provided in this act, the Metropolitan Police Department and
the Mayor are prohibited from maintaining any system other than that set forth in this act
for processing complaints alleging the conduct specified in subsection (b) of this section
against members of the Metropolitan Police Department or Special Police employed by the
District of Columbia government. where the alleged misconduct is directed towards any
person not an officer of the Metropolitan Police Department or Special Police employed by
the District of Columbia government. (d) The Board shall promulgate such rules and regulations as it deems necessary to
carry out its functions. Such rulemaking shall be carried out in accordance with the
Administrative procedure Act (D.C. Code § 1-1501 et seq.). (e) the Board is authorized to recruit, train, and certify qualified volunteers
to assist it in carrying out the mediation. (f) The Board may by regulation require the Metropolitan Police Department and other
District agencies to post such notices, and maintain such forms, in public areas of their
facilities as the Board deems necessary to effectuate the purpose of this act. (g) In December of each year, the Board shall transmit to the Mayor and the Council an
annual report summarizing its activities during the prior fiscal year, including its
outreach activities, an analysis of the number and nature of, and trends in, complaints
received and their disposition; a list of police officers against whom a determination of
misconduct has been made and the discipline that has been imposed in each case; and such
recommendations as the Board deems appropriate with respect to the improvement of
police-community relations, the prevention of police misconduct, and the improvement of
the Board operations. Each member of the Board shall have the right to include a separate
statement of his or her views in such report. Copies of the annual report shall be made
available to the public at reasonable cost. A notice of the publication and availability
of the annual report shall be published in the District of Columbia Register. (h) The Board is authorized to apply for and receive grants to fund its program
activities in accordance with laws and regulations relating to grant management. (i) Board members who are not otherwise employed by the District of Columbia government
shall be compensated for their reasonable expenses incurred in carrying out their duties
as Board members. Back to top of page Sec. 6. Executive Director; staff and
volunteers. (a) The Board shall employ an Executive Director, who shall serve at the pleasure of
the Board, and such professional, investigative and support staff as may be authorized
through appropriations. The staff shall be employees of the District of Columbia
government and shall be subject to the provisions of the Merit Personnel Act (D.C. Code §
1-601.1 et seq.). (b) The Board may recruit, train and utilize volunteers for any staff position except
the position of Executive Director. (c) The Executive Director shall have full responsibility for the supervision and
direction of employees and volunteers of the Board, and shall ensure that all rules,
regulations and orders of the Board are properly carried out and that all records of the
Board are properly maintained. (d) The Executive Director may designate other employees or volunteers of the Board to
assist him or her, or to act on his or her behalf, in carrying out any of the duties
specified in this act. Back to top of page Sec. 7. Outreach and intake. (a) The Board shall prepare and distribute through governmental and non-governmental
channels informational posters and pamphlets about the police complaint procedure
established pursuant to this act. Such posters and pamphlets shall be printed in English,
Spanish, and such other languages as the Board deems necessary to effectuate the purpose
of this act. The Board shall regularly publicize the availability of its services through
such other means as it deems useful. (b) Any person having knowledge of alleged police misconduct may file a complaint with
the Board on behalf of the victim. (c) Complaints must be received by the Board within 180 days after a complainant became
aware, or should with reasonable diligence have become aware, of the facts giving rise to
the complaint. (d) Complaints, received by the Board shall be screened by the Executive Director, who
may request additional information from the complainant. Within thirty days of receipt,
the Executive Director shall take one of the following actions: (i) Dismiss the complaint;
(ii) Refer the complaint to the United States Attorney for the District of Columbia for
possible criminal prosecution, pursuant to section 8;
(iii) Refer the complaint to mediation pursuant to section 9; or
(iv) Refer the complaint for investigation pursuant to section 10.
(e) The complainant and the subject police officer shall be notified in writing of the
Executive Director’s action. If the complaint is dismissed, the notice shall
be accompanied by a brief statement of the reason therefor, and the complainant shall also
be notified that he or she may bring the complaint to the attention of the Metropolitan
Police Department, which may investigate the complaint and take appropriate action. Back to top of page Sec. 8. Referral to the United States Attorney. When, in the determination of the Board, there is reason to believe that the misconduct
alleged in a complaint or disclosed by an investigation was criminal. the complaint shall
be referred to the United States Attorney for the District of Columbia. The complainant
and the subject officer shall be notified in writing of the referral. and a record of such
referral shall bemaintained and the disposition recorded. If the United States Attorney
declines to prosecute, the Board may resume its processing of the complaint. If United
States Attorney elects to prosecute, the Board may resume its processing of the complaint
following resolution of the criminal case. Back to top of page Sec. 9. Mediation. (a) If a complaint is referred to mediation, an initial mediation session shall be
scheduled for the earliest convenient time, and the complainant and the subject officer
shall be notified in writing of the date, time and location of the initial session. (b) If a complainant refuses to participate in mediation, the complaint shall be
dismissed. (c) If a police officer refuse to participate in mediation, the Executive Director may
take one or more of the following actions (i) refer the complaint for investigation pursuant to section 10;
(ii) report the non-cooperation to the Chief of Police, who may take any appropriate
action;
(iii) report the non-cooperation to the Board, which may by resolution refer the matter to
the Superior Court of the District of Columbia, which shall by order require the office to
attend and participate in good faith in mediation session unless it finds good cause why
such an order should not be issued. Any failure to obey such order may be punished by the
Superior Court as a contempt thereof.
(d) Mediation may be conducted by employees of the Board or by volunteers who have been
appointed by the Board. (e) The complainant, the subject officer. and the mediator shall be present at
mediation sessions. No other persons may be present. except that: (i) an interpreter may
be present when needed, and shall be provided by the Board when timely requested by
any party; and (ii) when the complainant is a minor or is an adult who, because of
mental, physical or emotional condition cannot participate competently in mediation, a
parent, guardian, conservator or other responsible adult must be present. (f) The mediation process shall continue as long as the mediator and the
parties believe that it may result in a resolution of the complaint, except that it
may not extend beyond forty-five days from the date of the initial mediation session
without the approval of the Executive Director. The mediation process shall terminate when
the parties sign an agreement resolving the complaint, or when either party announces its
unwillingness to continue mediation, or when the mediator concludes that further mediation
would not be useful. (g) No record will be made of mediation proceedings, and no oral or written statements
made in mediation proceedings may be used in subsequent Board proceedings or in civil
litigations arising out of the same incident that is the subject of the compliant. (h) If an agreement resolving the complaint is signed, a copy will be provided to the
Board. It shall not be a public document and shall not be available to the public under
the Freedom of Information Act (D.C. Code § 1-15211 et seq.). (i) If an agreement resolving the complaint is signed. the Chief of Police shall be
notified of the complaint and its successful resolution. but will receive a copy of the
mediation agreement only with the consent of both the complainant and the subject officer. (j) The Executive Director will monitor the parties’ compliance with the terms of any
agreement. If any party fails to comply, the Executive Director shall report the matter to
the Board, and may refer the complaint for investigation pursuant to Board, and may refer
the complaint for investigation pursuant to section 10. If the Board determines that a
police officer has failed to comply with the terms of an agreement reached after
mediation, the Board may recommend to the Chief of Police that appropriate discipline be
imposed, and the procedures set out in section 12 shall apply. Back to top of page Sec. 10. Investigation and hearing. (a) If a complaint is referred for investigation, the Executive Director shall assign
one or more investigators to the matter. If the complainant refuses to cooperate in the
investigation, the complaint may be dismissed. (b) The Board is authorized to issue subpoenas compelling the complainant, the subject
officer, and other witnesses to respond to written or oral questions in advance of a
hearing, as may be necessary for the proper investigation of the complaint. Such
statements shall be given under oath or affirmation. (c) When the investigation is complete, the results shall be summarized in an
investigative report, which shall be filled with the Board and served on the complainant
and the subject officer. Within thirty days after the investigative report is filed, the
Executive Director shall take one of the following actions: (i) Dismiss the complaint;
(ii) Refer the complaint to the United States Attorney for the District of Columbia
for possible criminal prosecution, pursuant to section 8:
(iii) Refer the complaint to mediation pursuant to section 9; or
(iv) assign the case for a hearing before a single Hearing Officer or a three- person
Hearing Panel.
(d) The complainant and the subject police officer shall be notified in writing of the
Executive Director’s action. If the complaint is dismissed, the notice shall be
accompanied by a brief statement of the reason therefor, and the complainant shall also
be notified that he or she may bring the complaint to the attention of the Metropolitan
Police Department, which may investigate the complaint and take appropriate action. (e) If two or more pending complaints arise from the same incident, or involve the same
complainant or police officer, the Executive Director may consolidate the complaints for a
single hearing, unless consolidation would prejudice any party. (f) The Board shall assure that Hearing Officers and Hearing Panels are assigned to
cases in a manner that does not allow board members, the Executive Director, or any
party to obtain a particular Hearing Officer or Hearing Panel for a particular case. (g) A Hearing Officer may be a Board employee or a volunteer. A Hearing Officer must be
an active or inactive member in good standing of the District of Columbia Bar. (h) A Hearing Panel shall be comprised of two Hearing Officers and one Board member
sitting as Chair of the panel. (i) The Hearing Officer or the Chair of the Hearing Panel shall be responsible for
scheduling the hearing, which should be scheduled for the earliest convenient time
consistent with giving the subject officer sufficient time to prepare for the hearing. A
Hearing Officer shall make every effort to commence and complete a hearing within
thirty days of being assigned to a case. and the Chair of a Hearing Panel shall make every
effort to commence and complete a hearing within forty-five days of being assigned to a
case. The complaint, the Executive Director, the subject officer, and their counsel (if
any) shall be notified in writing of the date, time and location of the hearing. (j) The Executive Director shall represent the complainant at the hearing. The
complainant may also be represented by private counsel of his or her choice, it he or she
so desires. The subject officer has the right to be represented by counsel of his or her
choice. (k) At the hearing, every party shall have the right to present, in person or by
counsel, its case or defense by oral and documentary evidence, to submit rebuttal
evidence, and to conduct such cross- examination as may be required for a full and true
disclosure of the facts. Where official notice is to be taken of a material fact not
appearing in evidence, any party shall on timely request be afford an opportunity to show
the contrary. All testimony shall be given under oath or affirmation.. Any oral and
documentary evidence may be received, but the Hearing Officer or the Chair of the Hearing
Panel shall exclude privileged, irrelevant, immaterial, or unduly repetitious evidence.
Rulings of the Hearing Officer or the Chair of the Hearing Panel on all questions at issue
in the taking of testimony or submitting of evidence shall be binding, but exceptions to
such ruling shall be placed in the record. (1) Upon the reasonable request of any party or on its own motion a Hearing Officer or
Hearing Panel may direct by subpoena, issued in the name of the Board, the attendance of
any person to give testimony and to produce all relevant books, records, or other evidence
at the hearing. (m) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the
Hearing Officer or Hearing Panel shall refer the matter to the Board, which may by
resolution refer the matter to the Superior Court of the District of Columbia, which may
by order require such person to appear and give testimony or produce books, papers,
or other evidence bearing upon the matter under investigation. Any failure to obey
such order may be punished by the Superior Court as a contempt thereof. (n) Any testimony and other evidence, together with all papers and requests filed in
the proceedings, and all material facts not appearing in the evidence but with respect to
which official notice is taken, shall constitute the exclusive record for decision. A tape
recording of all testimony, and copies of all documentary exhibits, shall be made
available to any party to the proceedings upon request. (o) Within thirty days after the conclusion of a hearing. the Hearing officer or
Hearing Panel shall make findings regarding all material contested facts and shall
determine, by a preponderance of the evidence, whether each allegation of the complaint
should be sustained or dismissed, or whether the record discloses misconduct not directly
related to the immediate complaint but within the authority of the Board. The findings and
determination may be rendered in writing or orally, but if rendered orally they shall be
recorded and transcribed. The findings and determination of the Hearing Officer or Hearing
Panel shall be reported in writing to the Board and to the complainant and the subject
police officer. If the record discloses misconduct that is not within the authority of the
Board, the record shall be sent to the Chief of Police, who may take appropriate action. Back to top of page Sec. 11. Appeals to the Board. (a) A decision by the Executive Director to dismiss a case may be appealed to the
Board, which may affirm the dismissal or refer the case to mediation or for investigation. (b) Decisions of Hearing Officers or Hearing Panels may be appealed to the
Board, which may affirm or reverse the decision. The Board may review the case on the
record or it may, in its discretion, hold a hearing to gather additional evidence. If the
Board reviews the case on the record, the findings of fact made by the Hearing Officer or
Hearing Panel shall not be set aside unless clearly erroneous, and due regard shall be
given to the opportunity of the Hearing Officer or Hearing Panel to judge the credibility
of the witnesses. If an evidentiary hearing is held, the rules applicable to hearings
before Hearing Panels shall apply. (c) When acting in its appellate capacity, the Board may sit en bane or in panels of
five members. (d) The complainant and the subject police officer shall be informed in writing of the
action taken by the Board. Back to top of page Sec. 12. Recommendations for disciplinary
action. (a) When the Board determines that police misconduct has occurred, or when a Hearing
Officer or Hearing Panel so determines and the decision is not appealed to the Board,
the Chief of Police shall be notified that determination. Within ten days of receiving
such notification, the Chief of Police shall deliver to the Board a copy of the subject
officer’s personnel file. (b) After considering the prior record of the subject officer and after providing the
complainant and the subject officer an opportunity to make a written or oral submission
regarding appropriate disciplinary action, the Board shall recommend to the Chief of
Police what personnel action should be taken against the subject police officer. A copy of
the recommendation shall be sent to the complainant and the subject police officer. (c) Within thirty calendar days of the receipt of a recommendation for personnel
action, the Chief of Police shall either accept the recommendation of the Board and impose
the recommended personnel action. or shall state in writing his or her reasons for
disagreeing with the recommendation of the Board and shall specify the personnel
action he or she believes to be appropriate, in which case the Chief’s statement and the
findings and recommendation of the Board shall be transmitted to the Mayor, v. ho shall
within thirty calendar days either impose the personnel action recommended by the Board,
impose the personnel action recommended by the Chief of Police, or impose a personnel
action that is a compromise between the two. (d) If either the Chief of Police or the Mayor fails to act within the specified thirty
day periods, the personnel action recommended by the Board shall be deemed final and shall
be implemented. Within ninety days after receiving the Board’s recommendation, the Chief
of Police shall report to the Board what discipline has been imposed. (e) Notwithstanding any other law or regulation. the procedures specified by this act
shall be the exclusive administrative procedures for the imposition of personnel action
upon police officers for misconduct within the authority of the Board. (f) A police officer upon whom personnel action has been imposed in accordance with
this act may obtain judicial review as provided by law. Back to top of page Sec. 13. Open meetings and records. (a) All meetings of the Board at which official action of any kind is taken shall be
open to the public, except that an portion of a meeting which exclusively concerns
internal personnel mattes, deliberations on individual cases, or pending or contemplated
litigation between the Board and a private person may be held in executive session. (b) A list of scheduled hearings shall be posted at the Board’s office, and all
hearings before Hearing Officers, Hearing Panels, or the Board shall be open to the
public. A written transcript or a tape recording shall be kept of all hearings and shall
be made available to the public during normal business hours. Copies of such transcripts
or tape recordings shall be available, upon request, to the public at reasonable cost. (c) The Board shall maintain an official record of all complaint proceedings which
shall be available to the public. All or any part of a record may be sealed to prevent
public disclosure only by order of the Mayor or a court of competent jurisdiction. upon
good cause shown. Such order shall be a public record and shall state the good cause which
justified the sealing. Back to top of page Sec. 14. Responsibilities of Metropolitan
Police Department and other District agencies and employees. (a) When any member of the Metropolitan Police Department receives an oral or written
civilian complaint regarding a matter within the jurisdiction of the Board, he or she
shall promptly inform the complainant that such complaints must be directed to the Board.
If such complaint is received at a police facility, the complainant shall promptly be
given a copy of any form or brochure that is required to be maintained at police
facilities under regulations adopted by the Board. (b) If required by regulation adopted by the Board, each police facility shall
post, in a prominent place in its public area, a notice furnished by the Board informing
the public of the remedies available under this act. If required by regulation adopted by
the Board, other District agencies shall make available, in their public areas, brochures
or complaint forms provided by the Board. (c) The Metropolitan Police Department and all District of Columbia agencies shall
grant to any officer or employee such administrative leave as is reasonably required to
attend mediation sessions or hearings under this act, either as the subject of a complaint
or as a witness. Back to top of page Sec. 15. Miscellaneous provisions. (a) Members of the Board and persons authorized by the Board may administer oaths in
connection with their official duties under this act. (b) Any willful false swearing as to a material fact, on the part of any party or
witness in a matter under this act, either by a signed statement under oath or in oral
testimony, shall be deemed to be perjury and shall be punished in the manner prescribed by
law for such offense. The Board may refer any case of suspected perjury to the United
States Attorney for possible criminal prosecution. (c) The Mayor is authorized to provide compensation for witnesses who are subpoenaed to
testify before a Hearing Officer, a Hearing Panel, or the Board, except witnesses who are
in the employ of the government the District of Columbia or the United States. (d) The Chief of Police shall from time to time designate one or more officers of the
Metropolitan Police Department, of the rank of captain or above, as liaison to the Board.
A designated officer shall be available to testify at hearings regarding police
regulations, procedures and practices, and to consult with the board regarding such
matters. However, the designated officer shall not confer ex parse with Hearing Officers,
Hearing Panels or the Board regarding individual pending cases. (e) Within thirty days after the effective date of this act, the Metropolitan Police
Department shall notify by mail all persons whose complaints were pending before the
Civilian Complaint Review Board on the date when it ceased to do business pursuant to
section 503 of D.C. Act 11-44, that they may reactivate their complaints before the Board
by filing an appropriate request within thirty days after receiving such notice. A form
for making such a request, provided by the Board, shall be mailed with the notice. With
respect to any such complaint, the 45-day period specified in D.C. Code §1-617.1(b-1)(1)
shall be deemed to have commenced on the date that any recommendation for adverse action
or corrective action is received by the Chief of Police from the Board. The provisions of
this subsection shall not apply to any complaint concerning conduct that has been the
subject of a written recommendation to the Chief of Police concerning appropriate
disciplinary action. (f) In any civil action in which process is to be served upon an active or retired
member of the Metropolitan Police Department based upon a claim arising out of such
member’s performance of this or her official duties, such process may be delivered to the
Chief of Police or his designate, who shall promptly cause such process to be
hand-delivered to an active member at his or her place of employment, or if the member is
retired or on extended leave to be mailed to the member’s home address by registered or
certified mail. return receipt requested. Within ten days of receiving such process, the
Chief of Police shall report to the person who provided the process whether such process
was hand-delivered or mailed, and shall forward to that person any return receipt that has
been or is thereafter received. Back to top of page Sec. 16. Construction. (a) This act shall be construed to secure the just, speedy and inexpensive
resolution of citizen complaints of misconduct by police officers. (b) This act shall be deemed to supersede and repeal any and all provisions of law or
administrative orders enacted or promulgated prior to the date of its enactment that are
inconsistent or conflict with any provision of this act. (c) The remedies provided by this act are cumulative of any others provided by statute
or at common law. Back to top of page Sec. 17. Effective date. Sec. 3. This act shall take effect after a 30-day period of Congressional review
following approval by the Mayor (or in the event of veto by the Mayor, action by
the Council of the District of Columbia to override the veto) as provided in section
602(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act.
approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in
either the District of Columbia Register, the District of Columbia Statutes-at-Large, or
the District of Columbia Municipal Regulations. | 
