Section 6-A2112. CONCILIATION OF COMPLAINTS

 

2112.1The Office may refer appropriate complaints for conciliation as an alternative to the other dispute resolution methods authorized by the Act.

 

2112.2If deemed appropriate by the Executive Director and if the complainant and the subject officer agree to participate, the Executive Director or a designee may attempt to resolve a complaint by conciliation. The complainant and the subject officer shall be notified about the date, time and place for the conciliation session. The conciliation session(s) may be conducted by telephone.

 

2112.3The conciliation process will involve the complainant, the subject officer, the Executive Director, and an interpreter, if requested. In the case of a minor or incompetent adult, a parent, legal guardian or personal representative must be present. In appropriate cases arising from the same set of facts, more than one complainant and more than one subject officer may be asked to participate in the same conciliation process. If deemed appropriate by the Executive Director, the supervisor of the subject officer can also be invited to participate in the conciliation process, although the supervisor may not be compelled to participate.

 

2112.4No oral or written statement made during the conciliation process may be used by the Office or the MPD or the covered law enforcement agency as a basis for any discipline or recommended discipline of any subject officer or officers, nor in any civil or criminal litigation, except as otherwise provided by the rules of court or the rules of evidence.

 

2112.5The parties, their attorneys, other representatives and participants shall not disclose to anyone oral or written statements made during the conciliation process for any reason, including any statements made or documents prepared for the conciliation process by any party, attorney or representative for any party or other participant. Parties who participate in conciliation sessions will be required to sign a confidentiality agreement submitting to these terms. The parties may agree in writing that a conciliation agreement shall not be a public document and shall not be available to the public.

 

2112.6If conciliation is successful, resolution of the complaint shall be evidenced by a written agreement signed by the Executive Director, the complainant and the subject officer, and may provide for oral apologies or assurances, written undertakings, or any other terms satisfactory to the parties. However, the subject officer may only provide assurances or agree to undertakings that are within his or her control and cannot bind the Chief of Police or the MPD or the covered law enforcement agency as part of any conciliation agreement.

 

2112.7The Office shall place a copy of the conciliation agreement in the complaint file and monitor implementation of the conciliation agreement. If a party fails to abide by this agreement, the aggrieved party may contact the Office which, if it finds a violation, may take such action against the complainant or the subject officer as is authorized by the Act, as the Executive Director deems appropriate. Action that can be taken against a subject officer found to be in non-compliance with the conciliation agreement may include, but not necessarily be limited to, referring the underlying complaint for investigation by the Office or notifying the Chief of Police and requesting that discipline be instituted for non-compliance. Action that can be taken against a complainant found to be in non-compliance with the conciliation agreement may include, but not necessarily be limited to, a dismissal of the complaint.

 

2112.8If the Executive Director determines that conciliation efforts are unsuccessful, the Executive Director may dismiss the complaint, refer the complaint to mediation, or refer the complaint for investigation.

 

source

Final Rulemaking published at 49 DCR 8347 (August 30, 2002).