Res. 12-344To establish, on an emergency basis, a special committee on policemisconduct and personnel management in the Council of the District of Columbia toinvestigate allegations of misconduct, mismanagement, and inaccurate recordkeeping in theMetropolitan Police DepartmentDecember 16, 1997

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RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
this resolution may be cited as the "Council Police Misconduct and Personnel
Management Special Committee Establishment Emergency Resolution of 1997".

Sec. 2.
Findings.

(a) The Metropolitan Police Department employs hundreds of dedicated professionals
working on behalf of the residents of the District of Columbia. Included among them are
individuals who have risked their own professional status to uncover wrongdoing within the
Metropolitan Police Department and thereby have performed a valuable public service.

(b) The Committee on Government Operations conducted a hearing on September 25, 1997,
and the Committee on the Judiciary conducted hearings on October 10, December 5, and December
12, 1997. At these hearings, witnesses offered testimony alleging misconduct,
mismanagement, retaliation, and the appearance of impropriety in the Metropolitan Police
Department.

(c) As a result of the testimony offered at these four hearings, the two Committees,
through their Chairs, have determined a need to conduct a complete factfinding effort.
Further, an investigation and report should be used to prevent any recurrence of any
misconduct, mismanagement or retaliation that comes to light.

(d) The ultimate purpose of the work of this Special Committee investigation is to aid
in correcting any wrongs, real or perceived, so as to restore community support and faith
in the Metropolitan Police Department, while fostering public confidence in our police
force.

Sec. 3. Establishment of the Special Committee on Police Misconduct and Personnel
Management.

(a) There is established a Special Committee on Police Misconduct and Personnel
Management ("Special Committee").

(b) The Special Committee shall investigate allegations of misconduct, mismanagement,
malfeasance, retaliation against whistleblowers, and the appearance of impropriety in the
Metropolitan Police Department.

(c) The Special Committee shall investigate allegations contained in testimony offered
at public hearings on September 25, 1997 before the Committee on Government Operations,
and on October 10, December 5, and December 12, 1997 hearings before the Committee on the
Judiciary, including, but not limited to, the following:

(1) Personnel practices in the Metropolitan Police Department, including standards for
promotions and demotions, disciplinary procedures, treatment of whistleblowers, use of
administrative and disability leave, and overtime pay;

(2) Qualifications and eligibility of the Metropolitan Police Department personnel for
full retirement benefits;

(3) Deficiencies in administrative and recordkeeping practices; and

(4) Any related matter arising during the course of the investigation.

Sec. 4. Special Committee membership.

(a) The Special Committee shall consist of all members of the Council.

(b) The Chairpersons of the Council Committee on the Judiciary and the Council
Committee on Government Operations jointly shall chair the Special Committee.

(c) Seven members shall constitute a quorum.

Sec. 5. Rules of procedure; open meetings.

The Special Committee, according to Rule 226 of the Council Rules, shall adopt written
rules, not inconsistent with Council rules or other applicable law, to govern its
procedures.

Sec. 6. Duties.

(a)(l) The Special Committee shall present a report to the full Council within 90 days
of the conclusion of its investigation.

(2) The report shall contain the Special Committee’s recommendations for any  
changes in statute, regulation, or Metropolitan Police Department procedure proven
advisable through the course of the investigation. The report shall detail any allegations
of criminal wrongdoing referred for action to the appropriate authorities.

(3) Notwithstanding Council Rule 308, the Special Committee may file its report during
a period of Council recess.

(b) The Special Committee may hold expedited public hearings on matters including, but
not limited to, the following:

(1) Legislative and other proposals regarding police department reform; and

(2) Oversight of personnel practices in the Metropolitan Police Department with respect
to whistleblowers.

(c) The Special Committee shall coordinate its efforts with any other investigation of
the Metropolitan Police Department conducted by officers or employees of the federal or
District of Columbia government.

Sec. 7. Hearings.

(a) The Special Committee may hold hearings for the purpose of receiving testimony,
comments, documents, computer records (hard copy or diskette), recordings, notes,
photographs, facsimile transmissions, or other information or materials from witnesses
called before the Special Committee and from members of the public.

(b) All testimony given by witnesses before the Special Committee shall be made under
oath. The Chairpersons of the Special Committee are authorized to issue an oath or
affirmation to each witness. The Special Committee may authorize a member, committee
staff, or counsel advising the Special Committee to take testimony of witnesses by oral,
written, or videotaped depositions.

Sec. 8. Staff.

The Special Committee may appoint legal counsel and any other person to advise the
Chairpersons of the Special Committee.

Sec. 9. Subpoena authorization.

The Council authorizes the Special Committee to use subpoenas to compel a witness’
attendance, to obtain testimony, or to produce documents, other information or tangible
items. The Special Committee shall not be required to submit a report to the Secretary
prior to issuing a subpoena.

Sec. 10.

The fiscal impact of this resolution is minimal. The Special Committee expects to avail
itself of existing funds within the Council’s FY1998 budget, pro bono legal assistance,
and other funding sources. This section shall serve as the fiscal impact statement
required by section 602(c)(3) of the District of Columbia Self-Government and Governmental
Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code
§1-233(c)(3))."

Sec. 11. Effective date; sunset provisions.

(a) This resolution shall take effect immediately.

(b) This resolution shall expire on September 30, 1998.

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