5405924 Police Department, Metropolitan - Notice of Emergency and Proposed Rulemaking - Reimbursable Detail

METROPOLITAN POLICE DEPARTMENT

 

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

The Chief of the Metropolitan Police Department (Chief), pursuant to the authority under Section 3002 of the FY 2015 Budget Support Congressional Emergency Act of 2014, signed October 10, 2014 (D.C. Act 20-449; 61 DCR 10915 (October 24, 2015)), any substantially similar emergency, temporary, or permanent versions of that legislation, and Mayor’s Order 2014-231, dated October 2, 2014, hereby gives notice of the adoption, on an emergency basis, of a new Chapter 38 (Metropolitan Police Department Reimbursable Details), and amendments to Chapter 7 (Parades and Public Events), of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR).

 

Emergency rulemaking action is necessary to ensure the protection of the public by providing reimbursable details or other law enforcement services from the Metropolitan Police Department for activities occurring on public space which can impact safety or security. This may include the transportation of hazardous materials or oversize vehicles through the District, as well as events or activities at specific locations or along certain routes that may impact the safety of the general public.

 

The emergency rulemaking allows the Metropolitan Police Department to schedule reimbursable details or services to address these safety concerns, but at a direct cost to the entity benefitting from the officers’ work, rather than being paid for by District taxpayers. Additionally, the emergency rulemaking standardizes the fee charged for services provided by the Metropolitan Police Department at licensed special events.

 

The emergency rules were adopted on November 26, 2014, became effective immediately, and will remain in effect for up to one hundred twenty (120) days, until March 19, 2015, or upon publication of a Notice of Final Rulemaking in the D.C. Register. The Chief also gives notice of her intent to take final rulemaking action to adopt this rule in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.  

 

A new Chapter 38, METROPOLITAN POLICE DEPARTMENT REIMBURSABLE DETAILS, is added to Title 24, PUBLIC SPACE AND SAFETY, of the DCMR to read as follows:

 

CHAPTER 38           METROPOLITAN POLICE DEPARTMENT REIMBURSABLE DETAILS

 

3800                SCOPE

 

3800.1             The provisions of this chapter are issued by the Chief of Police (the “Chief of Police”) pursuant to Section 3002 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (Act), enacted July 14, 2014 (D.C. Act 20-377; 61 DCR 7598, 7629 (August 1, 2014)) (the “Act”).

 

3801                APPLICABILITY

 

3801.1             This chapter shall apply to any reimbursement for providing a police escort or other law enforcement services, as defined in § 2801.2, deemed by the Chief of Police to be necessary to protect the public health and safety.

 

3801.2             For purposes of this chapter, the phrase “police escort or other law enforcement services” shall include the assignment of Metropolitan Police Department personnel and/or vehicles as necessary to ensure the preservation of public safety, typically either at a specified location or from a point of origin to a specified destination, in a manner consistent with the nature of the persons, materials, or threats posed by the movements, activities, or events.

 

3801.3             Pursuant to Section 3003(b) of the Act (to be codified at D.C. Official Code § 47-2826(d)), any funds collected under this chapter shall be deposited in the MPD Overtime Reimbursement Fund.

 

3802                REIMBURSEMENT FEES

 

3802.1             The reimbursement rate for all reimbursable details or other law enforcement services provided for under this chapter is $60.58 per hour per Metropolitan Police Department officer assigned.

 

3802.2             As of January 1, 2015, the reimbursement rate for all reimbursable details or other law enforcement services provided for under this chapter shall be $65.45 per hour per Metropolitan Police Department officer assigned, and that rate shall increase by three percent (3%) on October 1 of each fiscal year.

 

3802.3             The use of any type of Metropolitan Police Department vehicle requested pursuant to this chapter will result in additional cost, which will depend on the type and number of vehicles and the length of time they are assigned.

 

Subsection 720.3(d) of Section 720, SPECIAL EVENTS USER FEES, of Chapter 7, PARADES AND PUBLIC EVENTS, of Title 24, PUBLIC SPACE AND SAFETY, of the DCMR (24 DCMR § 720.3(d)) is amended to read as follows:

 

                        (d)       Fees of the Metropolitan Police Department:

 

(1)               Special Events Fee – to cover the cost of police services for special events.

 

(A)             The rate per hour per Metropolitan Police Officer assigned is $60.58.

 

(B)              As of January 1, 2015, the rate per hour per Metropolitan Police Officer assigned shall be $65.45, and that rate shall increase by three percent (3%) on October 1 of each fiscal year.

 

(2)               The use of any type of Metropolitan Police Department vehicle requested pursuant to this chapter will result in additional cost, which will depend on the type and number of vehicles and the length of time they are assigned.

 

 

All persons desiring to comments on these proposed regulations should submit comments in writing to Helder Gil, Legislative Affairs Officer, Strategic Change, Metropolitan Police Department, Suite 5117, 300 Indiana Avenue, N.W., Washington, D.C. 20001, or via e-mail at [e-mail], not later than thirty (30) days after publication of this notice in the D.C. Register. Copies of the proposed rules can be obtained from the address listed above.  A copy fee of one dollar ($1.00) will be charged for each copy of the proposed rulemaking requested.