The Chief of Police shall cause the chairperson of the concerned trial board to be notified of the pendency of a trial; and the chairperson shall be responsible for the convening of the trial board.
No member of the force (except probationers) shall be dismissed from office except upon written charges preferred against him or her in the name of the Chief of Police and after an opportunity shall have been afforded him or her of being heard in his or her defense. No person so removed shall be reappointed to any office within the force.
Complaints alleging police harassment, excessive use of force, or use of language likely to demean the inherent dignity of any person to whom it was directed and to trigger disrespect for law enforcement officers initiated by any person other than the Mayor or a member of the force, shall be resolved pursuant to the District of Columbia Civilian Complaint Review Board Act of 1980.
When a formal charge is preferred, a copy of that charge, with full specification, shall be served upon the accused at least five (5) days, exclusive of Sundays and legal holidays, before the day of the trial.
The charges and specifications shall be numbered in order and shall set forth clearly the charge which the accused is called upon to answer. The Letter of Notice shall include only the principal charge which is the basis for the trial board action.
An accused member of the force shall have the right to be defended by counsel and to bring witnesses and any complaining witness may be represented by counsel, as the board may determine; Provided, that- when a member of the force is to be represented by counsel before the trial board, he or she shall notify the chairperson of the trial board twenty-four (24) hours in advance of the date the case is set for trial.
If a continuance of a hearing is desired, the accused shall make application therefor to the chairman of the trial board in writing at least twenty-four (24) hours prior to the time set for the hearing.
A challenge to any member of a police trial board shall be made to the chairperson thereof at least twenty-four (24) hours before the date set for trial. The challenge shall be in writing and set forth specific reasons for the challenge. The remaining member or members of the board shall decide whether the challenge is justified. Any member of the board challenged shall, if the remaining member or members of the board deem it necessary, answer in writing the charges contained in that challenge.
If the accused member desires that witnesses, books, records, papers or documents be subpoenaed for use in his or her defense at a hearing before a trial board, he or she shall notify the chairperson of that trial board seventy-two (72) hours in advance of the date the case is set for trial.
The board shall at all times require respectful conduct on the part of any and all persons in attendance, shall enter into no arguments over this question, but shall make a record of its action in any case and may clear the courtroom at any time if that course becomes expedient.
Attending counsel shall be governed by the rulings of the board on all questions at issue in the taking of testimony or submitting of evidence, but may have exceptions noted to rulings of the board.
At its discretion, the board may revoke the privilege extended for the attendance of any counsel during a hearing for sufficient cause, but that action shall in no way prevent the accused or a complaining witness from substituting other counsel.
Any member of the force cited to appear before a trial board shall be present in person on the date and at the time set for the hearing, and then and there be governed by the action of the board as to whether the case or cases shall be taken up or continued, unless the member shall have the written consent of the chairperson of the trial board, excusing him or her from attendance at the stated time.
When a member of the force has been cited before a trial board, either as defendant or witness, he or she shall not be excused from attendance on account of sickness, except upon presentation of a certificate from a member of the Board of Surgeons setting forth the fact that he or she is unable to attend.
All trial board cases shall be stenographically recorded and transcribed in case of appeal.
When an accused member of the force has refused to accept services of charges, a plea of "not guilty" shall be entered and the board shall proceed with the hearing and determination of the case.
D.C. Mun. Regs. tit. 6, r. 6-A1000