COUNCILMEMBER HAROLD BRAZIL
A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Harold Brazil introduces the following bill which was referred to the
Committee on ____
To establish an independent commission to investigate allegations of police corruption
in the Metropolitan Police Department.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Independent Commission to Investigate Allegations of Police Corruption
Establishment Act of 1997"
Sec. 2. Definitions.
For the purposes of this act, the term:
(1) "Chief" means the Chief of the Metropolitan Police Department.
(2) "Commission" means the Independent Commission to Investigate Allegations
of Police Corruption, established pursuant to this act.
(3) "Department" means the Metropolitan Police Department.
(4) "Protocol" means the procedure by which information is exchanged and
cooperation is established between the Commission and other government agencies, including
the Mayor, the Department, and the United States Attorney for the District of Columbia
Sec. 3. Commission established.
(a)
(1) There is established the Independent Commission to Investigate Allegations of
Police Corruption which shall consist of seven members of the public, appointed by the
Mayor.
(2) The of the Commission shall have substantial experience in the area of criminal
justice, including but not limited to, retired or former judges, and former prosecutors.
(b) Within 30 days of the effective date of this act, the members of the Commission
shall be appointed as follows:
(1) three members shall be designated by the District of Columbia Council;
(2) three members shall be designated by the Mayor;
(3) the chair shall be appointed by the Mayor after consultation with the Chair of the
Council.
(c) No member of the Commission shall hold any other public office or government
employment.
Sec. 3. Terms. [duplicate section numbering in bill]
(a) Within 30 days of the appointment of the last Commission member, the Commission
shall hold its first meeting.
(b) The members of the Commission shall be appointed for a term of 18 months.
(c) In the event of a vacancy on the Commission during the term of office of a member
by reason of removal, death, resignation or otherwise, a successor shall be chosen in the
same manner as the original appointment. A member appointed to fill a vacancy shall serve
for the balance of the 18-month term.
Sec. 4. Powers and duties of the Commission.
(a) The Commission shall have the authority to:
(1 ) undertake independent investigations of possible corruption within the Department;
(2) undertake investigations of possible corruption within the Department at the request
of the Mayor or the Council; and
(3) perform assessments and audits of the Department to detect corruption, and to make
recommendations for the prosecution, discipline or correction of any officer former
officer, and any civilian member of the Department, who is or has engaged in acts of
corruption, and to make recommendations for the improvement of systems to detect
corruption and the prevention of corruption among officers and civilian members of the
Department.
(b) If during the course of an investigation undertaken pursuant to this act, the
Commission determines that criminal activity or other wrongdoing has occurred or is
occurring, the Commission shall, as soon as practicable, report the facts that support
such information to the appropriate prosecuting authority.
(c) The Commission shall have authority to require the attendance of any officer,
District employee, former officer or former District employee, or any other person dealing
with, or who has dealt with, the Department to attend examinations or hearings called
pursuant to this act. The refusal of any such person to appear at an examination or
hearing, or to answer questions put to him or her, shall constitute cause for removal from
office or employment, cancellation of contract, or other penalty, or referral by the
Commission to other appropriate authority for action.
(d) The Commission may require the delivery of records and other materials as are
necessary for the investigation of any matter within its jurisdiction pursuant to this
act.
(e) The Commission is authorized to designate those of its employees it deems necessary
1 to administer oaths, and any other activity, in the exercise of its powers and fulfill
its duties.
(f) The Commission shall issue to the Mayor and the Council a report at the end of the
twelfth month following its initial meeting, which shall describe its activities and
summarize its actions. The Commission shall issue to the Mayor and the Council a final
report within 45 days of the end of its 1 8-month statutory period, which shall describe
its activities and offer its recommendations for further action.
(g) Within 90 days after the appointment of the Commission, the Commission and the
Chief shall establish and enter into a protocol. Any investigation undertaken by the
Commission shall be conducted in accordance with the provisions of applicable protocol,
except that the lack of a protocol shall not prohibit the Commission from undertaking any
investigation authorized by this Act.
(h) The Commission may enter into a protocol with any citizen complaint review body
pursuant to which information shall be exchanged in cooperation between that body and the
Commission.
Sec. 5. Duties of Department.
(a) The Department shall:
(1) Provide assistance as the Commission may request;
(2) Cooperate fully with investigations by the Commission, and
(3) Provide to the Commission, upon request, records and other materials necessary for the
investigation of any matter within the Commission’s jurisdiction pursuant to this act,
except such records or materials that cannot be disclosed by law.
(b) The Chief shall ensure that officers and employees of the Department appear before
and respond to inquiries of the Commission in connection with the investigation of any
matter within the Commission’s jurisdiction pursuant to this act, provided that such
inquiries are conducted in accordance with Department procedures for interrogation of
members.
(c) The provisions of this act shall not be construed to limit or impair the authority
of the Chief to investigate corruption with the Department, or to discipline members of
the Department. Nor shall the provisions of this act be construed to prevent or hinder the
investigation or prosecution of members of the Department for violations of law or rules
and regulations of the Department by any court of competent jurisdiction, a grand jury, or
other authorized officer, agency or body.
Sec. 6. Construction.
If any provision of this act, or any amendment thereto, is held invalid in whole or in
part, or inapplicable to any person or situation, such holding shall not affect, impair or
invalidate the remainder of this act.
Sec. 7. This act shall take effect following approval by the Mayor (or
in the event of veto by the Mayor, action by the Council to override the veto), approval
by the Financial Responsibility and Management Assistance Authority as provided in section
203(a) of the District of Columbia Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period
of Congressional review as provided in section 602(c)(1) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and
publication in the District of Columbia Register.