Bill Summary – FastDemocracy

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                                                                   Chairman Phil Mendelson

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                                             A BILL

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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 To amend the District of Columbia Auditor Subpoena and Oath Authority Act of 2004 to create

       the position of Deputy Auditor for Public Safety within the Office of the District of

       Columbia Auditor; to establish minimum qualifications for the Deputy Auditor; to

       prescribe the duties, responsibilities, and powers of the Deputy Auditor; to amend the

       Office of Citizen Complaint Review Establishment Act of 1998 to rename the Police

       Complaints Board the Police Accountability Commission; to change the membership of

       the Commission; to expand the authority of the Commission to review policies,

       procedures, and trainings, and to provide input on the job description and qualifications

       of a Chief of Police; to rename the Office of Police Complaints to the Office of Police

       Accountability; to expand the authority Offices Executive Director to encompass

       complaints against special police, to receive anonymous complaints, and to continue

       administrative investigations of officers while the U.S. Attorneys Office determines

       whether to pursue prosecution against an officer; to amend the District of Columbia

       Government Comprehensive Merit Personnel Act of 1978 to provide stipends to

       members of the Police Accountability Commission; to amend the Freedom of

       Information Act of 1976 so that disciplinary records of officers with MPD and the D.C.

       Housing Authority Police Department can no longer be withheld from the public; to

       require the Chief of Police to submit department policies, procedures, and updates to

       training to the Police Accountability Commission for comment; and to require MPD to

       create a publicly accessible database for disciplinary records of officers.

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        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the Strengthening Oversight and Accountability of Police Amendment Act

 of 2021.

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        Sec. 2. The District of Columbia Auditor Subpoena and Oath Authority Act of 2004,

 effective April 22, 2004 (D.C. Law 15-146; D.C. Official Code  1301.171 et seq.) is amended

 as follows:

        (a) A new section (5) is added to read as follows:

        Sec. 5. Establishment and Qualifications of a Deputy Auditor for Public Safety.

        (a) There is established within the Office of the District of Columbia Auditor a Deputy

 Auditor for Public Safety.

        (b) The Deputy Auditor for Public Safety shall be appointed by the Auditor. The

 Auditor shall create a search committee composed of relevant stakeholders, including the Chair

 of the Public Safety Committee of the Council, the Chief of Police, the Executive Director of the

 Office of Police Accountability, and the Director of the Department of Corrections. The Auditor

 shall consider the recommendations of the search committee in making his or her selection.

        (c) In addition to other qualifications the Auditor deems necessary, the Deputy Auditor

 for Public Safety shall:

                (1) Be an attorney with substantial experience in criminal, civil rights, and/or

 labor law, or corporate and/or governmental investigations, or an individual with at least 5 years

 of experience in law enforcement and/or corrections oversight; and

                (2) Have knowledge of law enforcement and/or corrections policies and

 practices, particularly regarding internal investigations for misconduct and use of force.

        (d) The Deputy Auditor for Public Safety may only be removed by the Auditor for

 cause..

        (b) A new section 6 is added to read as follows:

        Sec. 6. Duties and Responsibilities of the Deputy Auditor for Public Safety.

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        (a) The Deputy Auditor for Public Safety shall have the authority and responsibility to:

                   (1) Review the handling of serious of use of force incidents as defined in MPD

 General order 901-07 or any subsequent orders, serious property or vehicle damage, first

 amendment demonstrations, or other issues by officers of the Metropolitan Police Department,

 the D.C. Housing Authority Police Department, or a District-licensed security company. This

 may include auditing, monitoring, or other review of administrative investigations to assess the

 quality, thoroughness, and integrity of the investigations, specific findings of investigations, and

 after-action reports;

                   (2) Conduct semi-annual reviews of Office of Police Accountabilitys handling

 of misconduct complaints and cases to assess and certify the timeliness, quality and integrity of

 those investigations and findings;

                   (3) Review, analyze, and make findings and recommendations on any policy,

 practice, or program within the Metropolitan Police Department, the District of Columbia

 Housing Authority Police Department, the Department of Corrections, or a District-licensed

 security company;

                   (4) Monitor the implementation of any findings or recommendations made by

 the Office of the Auditor, the Executive Director of the Office of Police Accountability or the

 Police Accountability Commission; and

                   (5) Collaborate with the Police Accountability Commission, Office of Police

 Accountability, and the Metropolitan Police Department in improving system transparency,

 including improving public disclosure procedures or mechanisms of the Metropolitan Police

 Department, and providing for timely information about the status of reviews, audits, or

 investigations.

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         (d) The Deputy Auditor for Public Safety shall notify an agency of any upcoming

 reviews and analyses under subsection (a) of this section.

         (e) The Deputy Auditor for Public Safety shall solicit comments from the District of

 Columbia Police Accountability Commission for reviews and analyses related to the

 Metropolitan Police Department or the District of Columbia Housing Authority Police

 Department under subsection (a) of this section.

         (f) Analyses, findings, recommendations, and any relevant supplemental materials shall

 be delivered to the Mayor and Council and made publicly available after the receipt of final

 comments from the agency.

         (g) The Deputy Auditor for Public Safety shall conduct regular outreach to District

 residents to share information with the public about its mission, policies, and operations, and to

 provide updates reviews or investigations where applicable.

         (h) Beginning on December 31, 2023 and by December 31 every year thereafter, the

 Deputy Auditor for Public Safety shall deliver a report to the Mayor and the Council that

 includes his or her activities in the prior year..

         (c) A new section 7 is added to read as follows:

         Sec. 7. Powers of the Deputy Auditor for Public Safety.

         (a)(1) The Deputy Auditor for Public Safety shall have access, as is necessary to

 conduct his or her work, to all books, accounts, records, reports, findings and all other papers,

 things, or property belonging to or in use by the Metropolitan Police Department, the District of

 Columbia Housing Authority Police Department, the Department of Corrections, or any District-

 licensed security company.

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                (2) The Deputy Auditor for Public Safety shall maintain confidentiality of

 persons named in any documents transferred from the Metropolitan Police Department, the

 District of Columbia Housing Authority Police Department, the Department of Corrections, or a

 District-licensed security company pursuant to this subsection to the extent required by District

 law.

        (b)(1) Upon receipt of any findings and recommendations made by the Deputy Auditor

 for Public Safety, the Metropolitan Police Department, the District of Columbia Housing

 Authority Police Department, or the Department of Corrections shall have 30 days to provide a

 written response that includes a description of any corrective action the agency intends to make,

 and the basis for rejecting any finding or recommendation in whole or in part.

                (2) The agency may request an extension in writing to Deputy Auditor for Public

 Safety of up to 15 additional days as deemed necessary..

        Sec. 3. The Office of Citizen Complaint Review Establishment Act of 1998, effective

 March 26, 1999 (D.C. Law 12-208; D.C. Official Code  5-1101 et seq.), is amended as follows:

        (a) Section 4 (D.C. Official Code  51103) is amended as follows:

                (1) Paragraph (1) is struck.

                (2) Paragraph (2) is designated as paragraph (1).

                (3) A new paragraph (2) is added to read as follows:

                       (2) Commission means the District of Columbia Police Accountability

 Commission.

                (4) Paragraph (4) is amended by striking the phrase Complaints. and replacing

 it with the phrase Accountability..

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        (b) The title of Section 5 (D.C. Official Code  51104) is amended by striking the

 phrase Police Complaints Board and replacing it with the phrase Police Accountability

 Commission..

        (c) Section 5 (D.C. Official Code  51104) is amended to read as follows:

                (a) There is established a District of Columbia Police Accountability

 Commission (Commission). The Commission shall be composed of nine voting members and

 one ex-officio member. The Commission shall include:

                       (1) At least three members between the ages 15 and 24 residing in

 neighborhoods with higher-than-average levels of police stops and arrests;

                       (3) Two persons from immigrant communities, or representatives of

 service providers or advocacy organizations who serve immigrant persons;

                       (4) Two persons from the LGBTQIA community, or representatives of

 service providers or advocacy organizations who serve LGBTQIA people;

                       (5) Two persons with disabilities, or representatives of service providers

 or advocacy organizations who serve persons with disabilities in District; and

                        (7) A member of the Metropolitan Police Department selected by the

 Chief serving as an ex-officio member.

                (b) All members of the Commission shall be residents of the District.

                (c) Members of the Commission shall be appointed by the Mayor, subject to

 confirmation by the Council. The Mayor shall submit a nomination to the Council for a 90-day

 period of review, excluding days of Council recess. If the Council does not approve the

 nomination by resolution within this 90-day review period, the nomination shall be deemed

 disapproved.

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                (d) Commission members shall serve a term of 3 years from the date of

 appointment or until a successor has been appointed. A Commissioner may be reappointed and

 serve two consecutive terms. The Mayor shall designate the Chairperson of the Commission and

 may remove a member of the Commission from office for cause. A person appointed to the

 Commission to fill a vacancy occurring prior to the expiration of a term shall serve for the

 remainder of the term or until a successor has been appointed.

                (e) Commission members shall be entitled to a stipend pursuant to D.C. Official

 Code  1-611.08(c-2)(6).

                (f) The Commission shall:

                       (1) Conduct periodic reviews of the citizen complaint review process,

 and make recommendations, where appropriate, to the Mayor, the Council, the Chief of the

 Metropolitan Police Department, and the Director of the District of Columbia Housing

 Authority;

                       (2) Review, solicit community feedback, and provide comments on non-

 administrative Metropolitan Police Department policies, procedures, and updates to training,

 prior to those policies, procedures, and trainings being finalized and binding upon employees of

 the MPD. The Commission shall have 45 days from the date the Chief of Police submits the

 policy, procedure, or updated training curriculum to provide comments;

                       (3) Provide comments and input on the job description and qualifications

 of a Chief of Police of the Metropolitan Police Department;

                       (4) Share information with the Deputy Auditor for Public Safety as is

 deemed necessary or required by law or formal agreements;

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                        (5) Collaborate with the Deputy Auditor for Public Safety and the

 Metropolitan Police Department in improving system transparency, including improving public

 disclosure procedures or mechanisms of the Metropolitan Police Department, and providing for

 timely information about the status of investigations and their outcomes.

                (g) The Executive Director, acting on behalf of the Commission, shall have

 unfettered, timely and complete access to information and supporting documentation from the

 MPD, HAPD, and any District-licensed security company to which the subject special officer,

 specifically related to the Commissions duties.

                (h) Within 60 days of the end of each fiscal year, the Commission shall transmit

 to the entities named in subsection (f)(1) of this section an annual report of the operations of the

 Commission and the Office of Police Accountability.

                (i) The Commission is authorized to apply for and receive grants to fund its

 program activities in accordance with laws and regulations relating to grant management..

        (d) The title of Section 6 (D.C. Official Code  51105) is amended by striking the

 phrase Complaints and replacing it with the phrase Accountability..

        (e) Section 6 (D.C. Official Code  51105) is amended as follows:

                (1) Subsection (a) is amended by striking the phrase Complaints and replacing

 it with the phrase Accountability..

                (2) Subsection (b) is amended striking the phrase Board and replacing it with

 phrase Commission wherever it is found.

        (f) Section 7(c) (D.C. Official Code  51106(c)) is amended by striking the phrase

 Board and inserting phrase Commission wherever it is found.

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            (g) Section 7(d) (D.C. Official Code  51106(d)) is amended by striking the phrase

 Board and inserting phrase Commission wherever it is found.

            (h) Section 8 (D.C. Official Code  51107) is amended to read as follows:

                   (a)(1) The MPD and the Office shall have the authority to receive or audit a

 citizen complaint against a member or members of the MPD for alleged abuse or misconduct.

                          (2) If MPD receives a citizen complaint under subsection (a) of this

 section, the MPD shall transmit the citizen complaint to the Office within 3 business days after

 receipt.

                   (b) The Office shall have the authority to receive or audit a citizen complaint

 against a member or members of the District of Columbia Housing Authority Police Department

 (HAPD) or special police licensed by the District.

                   (c)(1) The Office shall have the sole authority to dismiss, conciliate, mediate,

 adjudicate, or refer for further action to the MPD or the HAPD a citizen complaint received

 under subsection (a) or (b) of this section.

                          (2) If during the investigation of a civilian complaint, the Office finds

 evidence of abuse or misconduct not in included in the original complaint, the Office may

 include these allegations in the original complaint.

                   (c) In addition to investigating authority granted under subsections (a) and (b) of

 this section, the Office shall have the authority to:

                          (1) Conduct administrative investigations and make findings on all

 serious use of force incidents, as defined in MPD General order 901-07 or any subsequent

 orders, by MPD, HAPD officers or special police licensed by the District; and

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                        (2) Conduct administrative investigations and make findings on all MPD

 or HAPD in-custody deaths.

                (d) Any individual having personal knowledge of alleged police misconduct may

 file a complaint with the Office on behalf of a victim.

                (e) To be timely, a complaint must be received by the Office within 90 days from

 the date of the incident that is the subject of the complaint. The Executive Director may extend

 the deadline for good cause.

                (f) Each complaint shall be reduced to writing. Complaints may be submitted

 anonymously.

                (g) The Executive Director shall screen each complaint and may request

 additional information from the complainant. Within 7 working days of the receipt of the

 complaint, or within 7 working days of the receipt of additional information requested from the

 complainant, the Executive Director shall take one of the following actions:

                        (1) Dismiss the complaint, with the concurrence of three Commission

 members;

                        (2) Refer the complaint to the United States Attorney for the District of

 Columbia for possible criminal prosecution;

                        (3) Attempt to conciliate the complaint;

                        (4) Refer the complaint to mediation;

                        (5) Refer the complaint for investigation; or

                        (6) Refer the subject police officer or officers to complete appropriate

 policy training by the MPD or the HAPD.

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                 (h) The Executive Director shall notify in writing the complainant, the subject

 police officer or officers, and the Deputy Auditor for Public Safety of the action taken under

 subsection (g) of this section. If the complaint is dismissed, the notice shall be accompanied by a

 brief statement of the reasons for the dismissal, and the Executive Director shall notify the

 complainant that the complaint may be brought to the attention of the Police Chief who may

 direct that the complaint be investigated, and that appropriate action be taken.

                 (i) MPD and HAPD shall notif