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Resolution, Order, and Recommendations Concerning the Metropolitan Police Department
District of Columbia Financial Responsibility and Management Assistance Authority
February 26, 1997

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Resolution

Recommendations

MPD Charter

DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHORITY
Washington, D.C.
("Authority")

RESOLUTION, ORDER AND RECOMMENDATIONS CONCERNING THE METROPOLITAN POLICE DEPARTMENT

WHEREAS, on December 10, 1996, the Mayor of the District of Columbia ("the Mayor"), the Chief of the Metropolitan Police Department ("the MPD"), the Council of the District of Columbia ("the Council"), the Chief Judge of the Superior Court of the District of Columbia, the United States Attorney for the District of Columbia, the Corporation Counsel, and the Authority entered into a Memorandum of Understanding ("MOU") for the purpose of taking actions to ensure the safety of the District's citizens, reduce all types of crime, improve the quality of life in the District's neighborhoods, and deal not only with the reduction of crime but also the reduction of the fear of crime and disorder;

WHEREAS, the parties to the ("MOU") recognized that the MPD must be organized to permit the most productive use of its personnel, must make the most effective use of technology, and must efficiently deploy its resources;

WHEREAS, the parties further recognized that the MPD must recruit and train the finest available personnel; provide for the continuing professional development of officers of all ranks; and prepare officers for promotion to positions of increasing responsibility;

WHEREAS, the parties further recognized that promotions to positions of command must be based on merit and on performance – measured by the officer's contribution to the reduction of crime and to the achievement of the MPD's public safety goals; and

WHEREAS, the parties further recognized that the organization and staffing of the MPD must be designed to maximize the resources devoted to policing at the community level. while also ensuring the MPD's capacity to deal with homicide, gangs, drugs, and domestic violence, and all other types of crimes and criminal behavior;

WHEREAS, the ("MOU") provided for the selection of a consultant to conduct a study of, and make recommendations concerning, the MPD's organization and operations, including but not limited to, the MPD's command structure, staffing levels and deployment, finances, personnel and procurement practices, and technology and communications, as well as enforcement strategies and tactics, training, evaluation and accountability, coordination with other government agencies, and comparative compensation in other jurisdictions.

WHEREAS, the Authority utilized its contracting authority to retain the services of the selected consultant, the firm of Booz-Allen & Hamilton, and has assisted in the funding of the study;

WHEREAS, the consultant began work expeditiously and has made interim recommendations for immediate organizational and other changes in the operations of the MPD, after consultation with the Council, the Mayor, the Chief of the MPD, the Corporation Counsel, the United States Attorney, the Chief Judge of the Superior Court, and other agencies and persons responsible for public safety in the District of Columbia;

WHEREAS, the consultant has also studied and identified law enforcement practices in other cities which may be adapted to the conditions of the District of Columbia to achieve the objectives of the ("MOU");

WHEREAS, the consultant's preliminary findings, which are concurred in and adopted by the Authority, include (but are not limited to) the following:

1. The MPD presently has no overall consistent sustainable strategy for effective law enforcement;

2. The MPD is not currently structured and configured to carry out key responsibilities to the District of Columbia community;

3. Administration and support processes and activities do not adequately meet the basic operating requirements of the MPD;

4. There are large gaps between current performance and objectives of the MPD;

5. Crime levels in the District have been increasing over the past decade;

6. In order to achieve immediate results, specific resources and actions are required from all parties to the ("MOU"). including the Authority;

7. The Chief of the MPD must be empowered to take the necessary steps for both immediate and long-run reduction of crime and the fear of crime;

8. Changes must be made in personnel, procurement, compensation, and other policies, practices, and procedures to achieve the objectives and deal with the problems identified by the consultant and the parties to the ("MOU");

WHEREAS, the Mayor and the Chief of the MPD, in consultation with the Council, the Chief fudge of the Superior Court, the United States Attorney, the Corporation Counsel and the Authority, have determined that interim organizational and other changes recommended by the consultant are required to achieve the goals described above and should be implemented as expeditiously as possible;

WHEREAS, the Authority finds that a state of crisis presently exists in law enforcement in the District of Columbia, which endangers the citizens of the District of Columbia and law enforcement officers put their lives on the line every day, mandating that the Authority exercise the statutory powers granted to it by Congress on an emergency basis and to the fullest extent.

NOW, THEREFORE IT IS ORDERED, pursuant to Public Law 104-8, as amended by Public Law 104-134, Public Law 104-194, and Public Law 104-208, that:

1. The Authority hereby approves the "Metropolitan Police Department Charter" that is attached to this resolution.

2. The Authority hereby delegates its authority under Section 5204(a) of Public Law 104-208 to the Chief of the MPD with respect to the determination of individuals in the MPD above the rank of Captain whose employment by the District government is no longer required; the Chief shall advise the Authority of any such determinations;

3. The Authority requests the Chief of the MPD to advise it of those officers of the MPD of the rank of Captain and below whose employment by the District government, in the judgment of the Chief, is no longer required and the reasons for such judgment. Upon review and evaluation of such advice from the Chief, the Authority will exercise its authority under Section 5204(a) of Public Law 104-208 to determine those individuals whose employment by the District government is no longer required.

4. Notwithstanding any other provision of law or contract, the Chief of the MPD is authorized to promulgate rules establishing procedures governing the layoff, reduction in force, or discharge of officers and civilian employees of the MPD and the recall of such officers and employees, including, but not limited to, criteria for layoffs, reductions in force, discharges, and recall rights of such officers and employees and the weight to be given to any particular criterion. Such criteria shall take into account factors including, but not limited to, qualifications, training, experience, performance ratings or evaluations, and any other factors relating to an officer's or employee's job performance. In addition, the Chief shall propose a new salary plan for uniformed officers and supervisory personnel which will make the MPD salary structure more competitive with area jurisdictions.

5. Notwithstanding the provisions of the District of Columbia Code, the District of Columbia Municipal Regulations. the District Personnel Manual, or any collective bargaining agreement, the Chief of the MPD may transfer any employee for any reason he or she finds to be in the best interests of the MPD.

6. Notwithstanding the provisions of the District of Columbia Code, the District of Columbia Municipal Regulations, or the District Personnel Manual, the Chief of the MPD shall have the right to appoint of ficers to the rank of Inspector and above without regard to prior employment or service within the MPD.

7. The Chief of the MPD shall immediately commence an accreditation program for the MPD which shall include the establishment of qualifications for promotion at every level.

8. The provisions of the District of Columbia Code and District of Columbia Municipal Regulations governing procurement shall not apply to the MPD or the Chief of the MPD. The Chief shall adopt such policies, procedures, rules and regulations with regard to procurement as will carry out the purposes of this Order, with the approval of the Authority. The Chief may incorporate in the policies, procedures, rules and regulations relating to procurement such policies, procedures, rules and regulations of the MPD, or other agencies of the District government, or the Authority, as the Chief considers necessary or appropriate to enable the MPD to carry out its activities under this provision of the Order. The Chief may enter into such contracts as he or she considers necessary or appropriate, subject to the approval of the Authority, to carry out the functions, duties and responsibilities of the MPD.

9. The Chief of the MPD shall provide quarterly reports to the Authority and other parties to the MOU as to his or her progress in meeting the goals established by the MOU.

RECOMMENDATIONS

1. The Authority hereby recommends to the Council of the District of Columbia, pursuant to Section 207 of Public Law 104-8, that it amend the provisions of D.C. Code Section 1-617.3(a)(1)(A) to extend the time in which agencies may commence adverse actions from 45 days to 120 days.

2. The Authority hereby recommends to the Council of the District of Columbia, pursuant to Section 207 of Public Law 104-8, that it amend the provisions of D.C. Code Section 4-607(2) to clarify that police of ficers who are permanently unable to engage in active crime fighting activities, such as street patrols, are, in fact, disabled for disability retirement purposes.

Dated: February 26, 1997

Andrew F. Brimmer
Chairman

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Metropolitan Police Department Charter

The Charter for the Office of the Chief of Police of the Metropolitan Police Department of the District of Columbia is to develop and execute effective strategies that prevent and reduce crime, disorder, fear of crime, and improve the quality of life for all citizens in the District of Columbia This will be accomplished in partnership with the community, and other appropriate governmental agencies, and in accordance with constitutional values and applicable laws. The Chief of Police will serve as the Chief Executive Officer of the Department, as such, the Chief is responsible for establishing , professional standards that maintain a higher level of integrity and ethical conduct than is generally expected of others, and will be responsible and accountable for all activities involving the Metropolitan Police Department. All operations of the police department, including planning, organizing, staffing, coordinating, directing, reporting, and budgeting of all department and related community resources, will be oriented toward serving the needs Of a diverse community; as well as the Federal interests associated with Washington's unique role as the Nation's Capital.

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