D.C. Mun. Regs. tit. 6, r. 6-A2116

Current through Register 71, No. 45, November 7, 2024

Rule 6-A2116 - INVESTIGATION OF COMPLAINTS

2116.1

The investigation shall be completed in an expeditious and efficient manner.

2116.2

The Executive Director may issue subpoenas under seal of the Superior Court of the District of Columbia compelling the complainant, the subject officer(s), witnesses, and other persons to respond to written or oral questions, produce relevant documents or other evidence necessary to carry out a proper investigation of the complaint.

2116.3

Service of a subpoena on a subject officer or other employee of the MPD or DCHAPD is deemed effective by service on the relevant Chief of Police or his/her designee who shall deliver the subpoena to the subject officer.

2116.4

If the complainant refuses or fails to cooperate in the investigation, the Executive Director may dismiss the complaint.

2116.5

If the subject officer, or an employee of the MPD or the DCHAPD refuses or fails to cooperate in the investigation, the Executive Director shall notify the relevant Chief of Police in writing. The Chief of Police shall institute appropriate disciplinary action against the officer or employee and shall notify the Executive Director of the outcome of the action.

2116.6

At the conclusion of the investigation, the Chief Investigator shall forward the file with a report of investigation to the Executive Director. The Executive Director shall take one of the following actions:

(a) Refer the complaint to a complaint examiner to determine whether a violation of D.C. Official Code § 5-1107(a) has occurred;

(b) Dismiss the complaint if, based on the file and report of investigation, report, it is determined that the complaint lacks merit, as defined in § 2110.3;

(c) Direct the investigator to undertake additional investigation;

(d) Refer the complaint to conciliation or mediation;

(e) Refer the subject officer or officers to appropriate policy training;

(f) Refer the complaint for rapid resolution; or

(g) Refer the complaint to the United States Attorney's Office.

2116.7

If the Executive Director refers the complaint to a complaint examiner, he or she shall provide a copy of the report of investigation and related exhibits to the subject officer. The officer may, within ten (10) calendar days, provide the complaint examiner a written response to the investigator's report.

2116.8

The Executive Director shall notify in writing all parties to the complaint of his or her decision under § 2116.6, and in the case of dismissal, provide a brief statement of the reasons.

D.C. Mun. Regs. tit. 6, r. 6-A2116

Final Rulemaking published at 49 DCR 8347 (August 30, 2002); amended by Final Rulemaking published at 64 DCR 12677 (12/15/2017)