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Government and People
|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
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:
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.
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.
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.
(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.
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:
(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.
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:
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.
(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.
(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.
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:
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)).
(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.
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.
(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).
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.
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.
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.
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