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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-A. POLICE PERSONNEL |
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Chapter 6-A21. THE CITIZEN COMPLAINT REVIEW BOARD AND THE OFFICE OF CITIZEN COMPLAINT REVIEW |
Section 6-A2114. INVESTIGATION OF COMPLAINTS
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2114.1The investigation shall be completed in an expeditious and efficient manner.
2114.2The 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.
2114.3Service of a subpoena on a subject officer or other employee of the MPD or the covered law enforcement agency is deemed effective by service on the Chief of Police or his/her designee who shall deliver the subpoena to the subject officer.
2114.4If the complainant refuses or fails to cooperate in the investigation, the Executive Director may dismiss the complaint
2114.5If the subject officer or an employee of the MPD or the covered law enforcement agency refuses or fails to cooperate in the investigation, the Executive Director shall notify the 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.
2114.6At the conclusion of the investigation, the Chief Investigator shall forward the file with an investigative report of findings to the Executive Director. The Executive Director shall take one of the following actions:
(a)Refer the complaint to a complaint examiner to determine the merits of the complaint if there is reasonable cause to believe that a violation of D.C. Official Code § 5-1107(a) has occurred;
(b)Dismiss the complaint in accordance with D.C. Official Code §§ 5-1107 and 5- 1108 if, based on the file and investigative report, there is no reasonable cause to believe that a violation has occurred;
(c)Direct the investigator to undertake additional investigation;
(d)Refer the complaint to conciliation or mediation; or
(e)Refer the complaint to the United States Attorney's Office.
2114.7The Executive Director shall notify in writing all parties to the complaint of his or her decision and in the case of dismissal, provide a brief statement of the reasons.