Section 6-A2116. DUTIES OF COMPLAINT EXAMINER

 

2116.1The complaint examiner shall consider the complaint in a fair and impartial manner, ensure that facts are fully elicited, adjudicate all issues and avoid undue delay.

 

2116.2If the parties express a willingness to resolve the complaint through conciliation or mediation, the complaint examiner may act as a conciliator or mediator. Any resulting written conciliation or mediation agreement may be kept confidential pursuant to D.C. Official Code § 5-1110 (h), and neither any such agreement nor any oral nor written statement made by a party during the course of the conciliation or mediation process may be used as a basis for any discipline or recommended discipline of the subject police officer or officers or in any civil or criminal litigation, except as otherwise provided by the rules of court or the rules of evidence.

 

2116.3Based on a review of the investigative report and file, the complaint examiner may determine the merits of a complaint without conducting an evidentiary hearing. The complaint examiner may do so only when the material in the report and file present no genuine issue of material fact in dispute requiring an evidentiary hearing. In such cases, the complaint examiner shall issue findings of fact and a determination on the merits within thirty (30) days of the assignment of the matter to the complaint examiner.

 

2116.4Upon review of the investigative file and the evidence adduced at any evidentiary hearing, the complaint examiner shall make written findings of fact regarding all material issues of fact, and shall determine whether each allegation of misconduct is unfounded, sustained, presents insufficient facts or whether the officer is exonerated, as such terms are defined in § 2120.2 of these regulations. In making a determination, the complaint examiner may consider the definitions of misconduct contained in these regulations, as well as any MPD regulation, policy, procedure or order that prescribes standards of conduct for officers.

 

2116.5Based on a review of the investigative report and file, the complaint examiner may determine that additional investigation is required. In such cases, the complaint examiner shall promptly notify the Executive Director, who shall order the investigator to investigate the issues identified by the complaint examiner. Such additional investigation shall be completed within thirty (30) days. Upon completion, the Executive Director shall transmit the supplemental report and file to the complaint examiner. In cases requiring additional investigation, the time allowed for the complaint examination to be completed will be tolled.

 

2116.6If the complaint examiner determines that no additional investigation is required and that an evidentiary hearing is required, he or she shall proceed in accordance with §§ 2117 and 2118 below.

 

source

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