Article I: Definitions
Article II: Subcommittees
Article III: Meetings
Article IV: Legislation and Reports
Article V: Procedure for Hearings
Article VI: Investigations and Subpoenas
Article VII: Committee Staff
Article VIII: Committee Budget and Expenditures
Article IX: Referral to Law Enforcement Authorities
Article X: Construction, Suspension, and Amendment of Rules
Article XI: Adoption of Council Rules
Councilmember Jack Evans
Councilmember Kathleen Patterson
A PROPOSED COMMITTEE RESOLUTION IN THE SPECIAL COMMITTEE ON POLICE
MISCONDUCT AND PERSONNEL MANAGEMENT
Chairpersons Jack Evans and Kathleen Patterson introduced the following resolution.
To establish rules of organization and procedure for the Special Committee on Police
Misconduct and Personnel Management.
RESOLVED, BY THE SPECIAL COMMITTEE ON POLICE MISCONDUCT AND PERSONNEL MANAGEMENT OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Rules
of Organization and Procedure for the Special Committee on Police Misconduct and Personnel
Management Resolution of 1998".
Sec. 2. Pursuant to Section 226 of the Rules of Organization and Procedure for Council
Period XII, effective January 2, 1997 (Res. 12-1; 44 DCR 394) ("Rules of the
Council"), the Special Committee on- Police Misconduct and Personnel Management
adopts the following Rules of Organization and Procedure for the Committee:
ARTICLE I DEFINITIONS
101. Definitions.
For the purposes of these Rules, the term:
(1) "Chairperson" means either co-Chairperson of the Special Committee.
(2) "Judicial branch" means the Court of Appeals of the District of Columbia
or any agency of the Court of Appeals of the District of Columbia or the Superior Court of
the District of Columbia or any agency of the Superior Court of the District of Columbia.
(3) "Member" means any member of the Special Committee.
(4) "Minutes" means a summary of actions and proceedings of a meeting of the
Special Committee, including but not limited to, a description of each amendment, motion,
order or proposition on which a vote was taken, the name of each member voting for
or against such amendment, motion, order or proposition, and the names of those members
present but not voting.
(5) "Rules" means the Rules of Organization and Procedure for
the Special Committee on Police Misconduct and Personnel Management, unless the term
"Rules of the Council" is used. in which case it shall mean the Rules of
Organization and Procedure for the Council of the District of Columbia, Council Period
XII, effective January 2, 1997 (Res. 12-1; 44 DCR 394).
(6) "Secretary" means the chief administrative officer of the
Council.
(7) "Special Committee" means the Special Committee on Police
Misconduct and Personnel Management established by Council Resolution 12-344, effective
December 16, 1997.
(8) "Special Committee Clerk" means the person appointed by
the Chairperson to act as clerk to the Special Committee.
(9) "Special Committee Staff" means any persons appointed by
the Chairperson to assist the Special Committee in the conduct of its affairs.
(10) "Special Counsel" means legal counsel and any other
person engaged to advise the Special Committee.
(11) "Subpoena" means a subpoena ad testificandum or
duces tecum, or both.
(12) "Testimony" means the oral or written statement of a
witness.
(13) "Witness" means a person who is or shall be in
attendance, voluntarily or involuntarily, before the Special Committee at hearing or
deposition.
ARTICLE II SUBCOMMITTEES
201. The Chairpersons may appoint subcommittees to address particular
issues arising in the course of the Special Committee’s activities.
202. The Chairpersons shall determine the jurisdiction, size, duration,
and date for final action of a subcommittee.
ARTICLE III MEETINGS
301. (a) Chair. The Chairperson of the Special Committee may call
and convene such meetings of the Special Committee as the Chairperson deems necessary. The
Chairperson may designate a member of the Special Committee to conduct a meeting of the
Special Committee in the absence of the Chairperson.
(b) Regular Meetings. The Special Committee shall meet monthly.
(c) Notice. Notice of Special Committee meetings shall be governed
by sections 421-425 of the Rules of the Council.
(d) Location. Meetings shall be held in the Council Chambers, One
Judiciary Square, 441 Fourth Street, N.W., Washington, DC, 20001, unless a majority of the
members of the Special Committee present and voting choose to designate another location.
(e) Recess and rescheduling. The Chairperson of the Special
Committee Management may recess any meeting then in progress to another time, date, or
place.
(f) Cancellation. The Chairperson, upon notification to each
member, may cancel a Special Committee meeting.
302. Quorum.
(a) A majority of the members shall constitute a quorum for the lawful
convening of any Special Committee meeting, except that any lesser number may hold
hearings, take testimony or receive evidence pursuant to Article V of this resolution.
(b) A meeting shall not begin until a quorum is ascertained by the
Chairperson or his designee. Thereafter the meeting shall proceed. unless a member raises
the absence of a quorum, whereupon the Chairperson or his designee shall direct the
calling of the roll and shall announce the result These proceedings shall be without
debate, except to recess briefly to find absent members. After the recess, the roll shall
be called again. If a quorum is present, the meeting shall proceed. If a quorum is not
then present, the meeting shall be adjourned.
303. Openness.
All meetings at which official action takes place shall be open to the
public.
304. Order of Business.
(a) The order of a Special Committee meeting is as follows:
(1) Call to order.
(2) Ascertainment of the presence of a quorum
(3) Reading and approval of minutes.
(4) Public announcements.
(5) Receiving and considering proposed reports, and measures pending before the Special
Committee.
(6) Communications from the Executive or Judicial branch, or other government
entities.
(7) Old business.
(8) New business.
(9) Adjournment.
(b) The Special Committee may, upon the vote of a majority of the members
present and voting, take up any item of business out of order.
305. Minutes. Minutes shall be taken at meetings by the Special
Committee Clerk or his designee, except that no minutes need be taken of hearings unless a
majority of the Special Committee so directs.
306. Records of meetings. Unless public access is restricted
pursuant to Section 504 of the Rules of the Council, copies of official Special Committee
records shall be available for reproduction and distribution to the public upon request in
accordance with Section 448 of the Rules of the Council.
ARTICLE IV LEGISLATION AND REPORTS
401. Approval of Measures. No measure or recommendation
shall be reported or voted upon from the Special Committee unless a majority of the
Special Committee actually was present at the time of approval by the Committee.
402. Oral Amendment. If an amendment is moved orally during a
Special Committee meeting, upon a member’s request, the proposed amendment shall be
reduced to writing and read aloud by the Special Committee Clerk or other staff member of
the Committee.
403. Additional Views. If at the time of approval of any measure by the Special
Committee, any member gives notice of his intention to file supplemental, minority, or
additional mews, that member shall have 5 calendar days (excluding Saturdays, Sundays, and
legal holidays) within which to file such views. That member shall submit such views in
writing, and the submission shall be signed by that member. Filing of views shall be with
the Special Committee Clerk or his designated agent. The Special Committee Clerk or his
designated agent shall include the views so filed in the report of the Committee on the
measure.
ARTICLE V PROCEDURE FOR HEARINGS
501. Hearing Scheduling Procedure. The Special Committee shall
hold hearings as the Chairperson calls 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 or from members of the public.
502. Notice of hearings.
(a) Notice of Special Committee hearings shall be governed m
accordance with sections 421-425 of the Rules of the Council.
(b) The Special Committee may hold expedited public hearings on
matters including, but not limited to, the following:
(1) Legislative and other proposals regarding Metropolitan Police
Department reform; and
(2) Oversight of personnel practices in the Metropolitan Police Department with respect to
whistleblowers.
503. Location of Hearings. Hearings shall be held in the Council
Chambers, One Judiciary Square, 441 Fourth Street, N.W., Washington. DC 20001, unless a
majority of the members of the Special Committee present and voting choose to designate
another location.
504. Recess and cancellation.
(a) The Chairperson. upon notification to each member, may recess any
hearing then in progress to another date, time, or place.
(b) The Chairperson, upon notification to each member. may cancel a
hearing of the Special Committee
505. Quorum. One member of the Special Committee shall constitute a
quorum for the taking of testimony and the receiving of evidence.
506 Openness.
(a) All hearings shall be open to the public unless, upon good cause
shown, a majority of the Special Committee approves the convening of a hearing in an
executive meeting.
(b) Except as provided in subsection (c) of this section, all testimony
taken and evidence received m an executive meeting shall be confidential and shall not be
released to the public.
(c) Upon good cause shown and after notice, as provided in this
subsection, a majority of the Special Committee may approve the release of testimony or
evidence received in an executive meeting. Ten days prior to the release of testimony or
evidence under this subsection, the Special Committee must notify, in writing, the
affected witness that the Special Committee intends to release the testimony or evidence.
Prior to the expiration of the 10-day period, the affected witness may request, in writing
directed to the Chairperson of the Special Committee, that the testimony or evidence be
withheld, and the Special Committee may consider withholding the testimony or evidence
described in the notice.
507. Time limits for testimony.
(a) The Chairperson may set time limits for oral presentations by
witnesses.
(b) Each member shall have no more than 10 minutes for questions and
answers with each witness. After each member has had an initial opportunity to
examine a witness, the Chairperson may allow additional time for questions and answers.
508. Testimony given under oath.
(a) All testimony given by witnesses before the Special
Committee at hearings or depositions shall be made under oath or affirmation.
(b) The Chairperson of the Special Committee or his designee is
authorized to issue an oath or affirmation to each witness.
(c) The Chairperson may authorize a member, Special Committee staff, or
Special Counsel to take testimony of witnesses by oral, written, or videotaped
depositions.
509. Decorum,
(a) . No speaker may address a member except through the Chairperson.
(a) Each speaker shall confine his remarks to the question under
discussion or debate.
(c) The Chairperson or his designee shall maintain order in the Council
Chamber. If, in the Chairperson’s or designee’s opinion, the removal of any member of the
public is necessary to maintain order, he may, after warning, direct the removal of any
disorderly person.
ARTICLE VI INVESTIGATIONS AND SUBPOENAS
601. Scope. The Special Committee shall have the authority to 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, before the Committee of 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 Metropolitan Police Department personnel for full
retirement benefits;
(3) Administrative and record keeping practices; and
(4) Any related matter arising during the course of the investigation.
602. The use of subpoenas in investigation.
(a) Issuance. For the purpose of investigation, the Special
Committee may issue subpoenas signed by the Chairperson to compel a witness’ attendance,
to obtain testimony, or to produce documents, evidence, other information or tangible
items. The Special Committee shall not be required to submit a report to the Secretary
prior to issuing a subpoena.
(b) Form. The form of subpoena shall be substantially similar to
the form attached to these rules as Appendix A.
(c) Service. Subpoenas shall be served by any person designated
by the Chairperson.
(d) Enforcement. In case of contumacy by any person subpoenaed
to appear before the Special Committee, the Chairperson may refer the matter to the
Council for referral to the Superior Court of the District of Columbia as provided in
section 413(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87
Stat 789; D.C. Code §1-234(b)).
602. Witnesses.
(a) A witness shall be affirmed or sworn to give truthful testimony.
Any person authorized by law may issue an oath or affirmation to a witness.
(b) Any witness who appears before the Special Committee at a hearing
or appears for a deposition has the right to be represented by counsel.
(c) Any witness testifying at a hearing of the Special Committee may
submit an opening statement, which shall be placed in the record of the hearing. The
Chairperson may permit the witness to read his statement at the hearing.
(d) If, during public or executive sessions, a witness, his counsel, or
any spectator conducts himself in such a manner as to prevent, impede. disrupt, obstruct,
or interfere with the orderly administration of such hearing, the Chairperson may request
that said person be ejected from the hearing room.
(e)(l) A witness has the right to refuse to answer a question that
might tend to incriminate him or her by claiming his or her Fifth Amendment privilege
against self-incrimination, other Constitutional privileges or statutory or common law
privileges recognized in the Superior Court of the District of Columbia.
(2) If a witness asserts a privilege. the Chairperson shall inquire
into the witness’ reasons for claiming the privilege If the Chairperson determines that
the claim of privilege is not warranted, he or she shall direct the witness to answer the
question. A witness’ continued claim of privilege m the face of an order by the
Chairperson to answer a specific question constitutes contumacy by the witness.
(3) Where a witness under subpoena is not represented by counsel, the Chairperson shall
advise the witness of his or her privilege against self-incrimination.
(4) Any person who is the subject of the investigation may submit written questions for
the cross-examination of other witnesses at public hearings called by the Special
Committee. With the consent of the members present and voting, the questions may be put to
the witness by a member or by Special Counsel.
(5) Any person. who is named or specifically identified in connection with the
investigation and who believes that the testimony or other evidence or comment by a member
of the Special Committee or Special Counsel does not comport with the truth, may file a
sworn statement of facts relevant to the testimony or other evidence or comment complained
of, to be included in the record of the hearing at which the statement or testimony was
made.
604. Production of Documents.
(a) All subpoenas issued by the Special Committee shall be returnable
to the Special Court
(b) All documents received by Special Counsel pursuant to a subpoena
issued under these Rules shall be received by the Special Committee as if in executive
meeting.
(c) All documents received by Special Counsel or the Special Committee
shall be maintained at the offices of the Special Counsel.
605. Depositions.
(a) The Chairperson may authorize the Special Counsel to take testimony
of witnesses by oral, written, or video taped depositions.
(b) Notice for the taking of depositions in an investigation shall be
authorized and issued by the Chairperson. Such notice shall specify the time, date, and
place of examination.
(c) The Special Committee shall maintain an accurate, stenographic
record of all depositions. A witness or his counsel may inspect the record of his
testimony at the offices of the Special Counsel.
(d) Rights of witnesses as specified in section 603 shall apply to
depositions, with the exception of subsections 603(e)(4), (5). Special Counsel may contact
the Chairperson by telephone during a deposition to resolve objections and matters
of privilege pursuant to subsection 603(e)(2).
ARTICLE VII COMMITTEES
701. The Chairperson shall appoint Special Committee staff to
advise the Chairperson of the Special Committee. The Chairperson short assign, remove, and
determine the remuneration for the staff of the Special Committee, subject to
appropriations.
702. The Chairperson shall supervise and direct all Special Committee
staff.
ARTICLE VIII COMMITTEE BUDGET AND EXPENDITURES
801. At the end of each month beginning in January 1998, and for each
month until anticipated completion in July 1998, Special Counsel will submit a detailed
statement of work for that month to the Chairperson of the Council and to the Chairpersons
of the Special Committee, who will approve the invoice for payment by the appropriate
entity.
ARTICLE IX REFERRAL TO LAW ENFORCEMENT AUTHORITIES
901. When the Chairperson determines that there is reasonable cause to
believe that a violation of law has occurred, the Chairperson, on notifying members, is
authorized to report, by letter, such alleged violation to the proper state, local, or
federal authorities, and the basis for such belief.
902 The Chairperson may authorize the release of evidence, documents, or
testimony to the proper authority pursuant to a referral under subsection 901.
ARTICLE X CONSTRUCTION SUSPENSION. AND AMENDMENT OF
RULES
1001. References to Gender. Words denoting any gender in these
rules shall be interpreted to include all genders.
1002. Matters Not Covered by These Rules. Any matter not covered by
these rules or the Rules of the Council shall be governed by Robert’s Rules of Order Newly
Revised, or if not covered by Robert’s Rules of Order Newly Revised, by decision
of the Chairperson or his designee subject to the right of appeal by any member.
1003. Suspension. Except as to matters of notice and quorum, and
except were a rule or subsection thereof sets forth a requirement of the Home Rule Charter
or other law, these rules or any part of these rules may be suspended during consideration
of any specific matter by motion, which must then be seconded and approved by 2/3rds of
the members of the Committee present and voting.
1004. Amendment. These rules may be amended by a vote of a majority
of the Special Committee.
ARTICLE XI ADOPTION OF COUNCIL RULES
1101. The Rules of the Council are the rules of the Special Committee, where
applicable, and are not covered by these Rules
Sec. 3. (a) This resolution shall take effect immediately.
(b) This resolution shall expire on September 30, 1998.