1212711 Notice of Emergency and Proposed Rulemaking pursuant to the "Metropolitan Police Department Amendment Act of 2006" - establishing a procedure for service of process upon sworn members of the Metropolitan Police Department for actions arising ...

DISTRICT OF COLUMBIA

METROPOLITAN POLICE DEPARTMENT

 

 

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

The Chief of Police, pursuant to the authority set forth in § 101 of the Metropolitan Police Department Amendment Act of 2006 (the Act), effective March 6, 2007 (D.C. Law 16-223; 53 DCR 10221(December 29, 2006)), hereby gives notice of the adoption, on an emergency basis, of an amendment to chapter 20 of subtitle A (Police Personnel) of title 6 of the District of Columbia Municipal Regulations (DCMR).

 

The emergency rulemaking sets forth new procedures to be followed for service of process upon sworn members of the Metropolitan Police Department.  Emergency rulemaking action is necessary to promote the convenience of the public at large and the fair and orderly administration of justice.  Immediate implementation of these new procedures will assist public litigants in their efforts to effect timely service of process in pending criminal and civil litigation, thereby preventing unnecessary delay and expense to the litigants and the Courts.

 

This emergency rulemaking was adopted on June 3, 2011, and became effective immediately on that date.  The emergency rulemaking will expire within one hundred twenty (120) days, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.  

 

The Chief also gives notice of the intent to take final rulemaking action to adopt the proposed rulemaking in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

 

Chapter 20 to subtitle A of title 6 DCMR is repealed and replaced with:

           

CHAPTER 20           SERVICE OF PROCESS

 

Secs.

2000    Purpose

2001    Notification of Subpoenas

2002    Notification of Summonses and Complaints

2003    Personal and Substitute Service of Process

 

 

2000                                PURPOSE

 

2000.1                          This chapter prescribes policies and procedures to be followed by any person seeking service of process upon members of the Metropolitan Police Department (Department) in connection with a legal matter arising out of the performance of their official duties for the Department.

 

2000.2                          These policies and procedures shall not apply to service of process for legal matters which do not arise out of a member’s performance of his or her official duties for the Department.

 

2001                                NOTIFICATION OF SUBPOENAS

 

2001.1                          A person seeking to serve a subpoena upon a member of the Department in connection with a legal matter arising out of the performance of his or her official duties may request that the Department notify the member of the subpoena by transmitting via electronic mail the following documents to the Court Liaison Division:

                       

                        (a)        The subpoena; and

 

(b)        Written certification from the party or his or her attorney (if the party is represented), upon whose behalf the subpoena is being served, that the subpoena arises out of a legal matter concerning the member’s performance of his or her official duties.

 

2001.2                          The written certification shall include the following:

 

(a)        The name of the case;

 

(b)        The case number;

 

(c)        The name of the member listed on the subpoena;

 

(d)       A statement that the subpoena arises out of the member’s performance of his/her official duties; and

 

(e)        The signature of the party or his/her attorney (if the party is represented) listed on the subpoena.

 

2001.3                          If a written certification does not accompany a subpoena, the Court Liaison Division shall reject the subpoena and return the subpoena to the sender.

 

2001.4                          For purposes of identifying the proper member, the subpoena must contain to the extent possible the full and correct name of the member, the Police District or unit to which the member is assigned, and the badge number of the member.

 

2001.5                          If the member cannot be identified based upon the information provided in the subpoena, the Court Liaison Division shall reject the subpoena and return the subpoena to the sender.

 

2001.6                          If the subpoena requires a member to appear or otherwise act in an expedited fashion (less than seven (7) calendar days), the attorney or party issuing the subpoena must include within his or her request:

 

                        (a)        An explanation for the expedited request;

 

(b)        Verification that the issuing attorney or party has contacted the member and the member has agreed to appear in response to the subpoena; and

 

(c)        The signature of the party or his/her attorney (if the party is represented) issuing the subpoena.

 

2001.7                          If a subpoena requiring a member to appear or act in less than seven (7) days is not accompanied by the requisite explanation and verification from the issuing attorney or party, the Court Liaison Division shall reject the subpoena and return the subpoena to the sender.

 

2001.8                          If all prerequisites are met, the Court Liaison Division shall generate a notification through the Computer Assisted Notification System (CANS) of the name and number of the case; the date, time, location, and nature of the event (hearing, deposition, or trial); the name and contact information of the issuing attorney or party; and other relevant information contained in the subpoena, and shall transmit the notification electronically to the member.

 

2001.9                          Service of the subpoena notification shall be deemed complete when the member opens the electronic notice and acknowledges receipt of the notice.

 

2001.10                      Any applicable witness fee and/or voucher shall be presented to the member by the subpoenaing party and/or his or her attorney when the member appears pursuant to the subpoena. 

 

2001.11                      A party or his or her attorney (if the party is represented) may contact the CANS coordinator of the Police District or organizational unit to which the member is assigned to ascertain whether a subpoena notification has been served upon a member.

 

2002                                NOTIFICATION OF SUMMONSES AND COMPLAINTS

 

2002.1                          A person seeking to serve a summons and complaint upon a member of the Department in connection with a civil lawsuit arising out of the performance of his or her official duties may request that the Department notify the member of the summons and complaint by transmitting via electronic mail to the Court Liaison Division:

 

(a)        The summons and complaint; and

 

(b)        Written certification from the party or his or her attorney (if the party is represented), upon whose behalf the summons and complaint are being served, that the summons and complaint are connected with a civil lawsuit arising out of the member’s performance of his or her official duties.

 

2002.2                          The written certification shall include the following:

 

(a)        The name of the case;

 

(b)        The civil action number or case number;

 

(c)        The name of the member listed on the summons and complaint’

 

(d)       A statement that the summons and complaint arises out of the member’s performance of his/her official duties; and

 

(e)        The signature of the attorney, or, if unrepresented, of the party listed on the summons and complaint.

 

2002.3                          If a written certification does not accompany a summons and complaint, the Court Liaison Division shall not accept the summons and complaint and shall return the summons and complaint to the sender.

 

2002.4                          For purposes of identifying the proper member, the summons and complaint must contain to the extent possible the full and correct name of the member, the Police District or unit to which the member is assigned, and the badge number of the member.

 

2002.5                          If the member cannot be identified based upon the information provided in the summons and complaint, the Court Liaison Division shall not accept the summons and complaint and shall return the summons and complaint to the sender.

 

2002.6                          If the member can be identified based upon the information provided in the summons and complaint, the Court Liaison Division shall facilitate service of the summons and complaint by electronically transmitting such documents to the member within two (2) business days of receipt.

 

2002.7                          The named member may accept service of the summons and complaint and waive personal service by sending to the party or his or her attorney (if the party is represented) via first-class mail or other reliable means, a signed acknowledgment form within fourteen (14) calendar days of receiving the complaint and summons from the Court Liaison Division.

 

2002.8                          Service shall be deemed complete when the member mails or transmits through other reliable means the acknowledgement form to the party or his or her attorney (if the party is represented).

 

2002.9                          If the named member declines or otherwise fails to submit a signed acknowledgment form to the party or his or her attorney (if the party is represented) within fourteen (14) calendar days of receiving the complaint and summons from the Court Liaison Division, the summons and complaint shall not be deemed served.

 

2002.10                      If the named member declines or otherwise fails to submit a signed acknowledgment form to the party or his or her attorney within the requisite time, the member may be subject to personal service of process.

 

2003                                PERSONAL AND SUBSTITUTE SERVICE OF PROCESS

 

2003.1                          Notwithstanding the notification provisions of this section, a party or his or her attorney (if the party is represented) may choose to effect personal service of process upon a member.

 

2003.2                          A member may appoint the head of the bureau to which the member is assigned to accept service of process on his or her behalf.

 

2003.3                          A person seeking to serve a subpoena or summons and complaint upon a member of the Department in connection with a legal matter arising out of the performance of his or her official duties may inquire at the bureau to which the member is assigned, whether the member has appointed the Bureau Head thereof to accept service on his or her behalf.

 

2003.4                          If a member has appointed the head of the bureau to which he or she is assigned to accept service on his or her behalf, a person seeking to serve the member shall present to the Bureau Head:

           

                        (a)        The subpoena or summons and complaint; and

 

(b)        Written certification from the party or his or her attorney (if the party is represented) that the subpoena or summons and complaint arise out of a legal matter concerning the member’s performance of his or her official duties.

 

2003.5                          The written certification shall include the following:

 

(a)        The name of the case;

 

(b)        The case number;

 

(c)        The name of the member listed on the subpoena or summons and complaint;

 

(d)       A statement that the subpoena or summons and complaint arises out of the member’s performance of his or her official duties, and

 

(e)        The signature of the party or his/her attorney (if the party is represented) listed on the subpoena.

 

2003.6                          If a written certification does not accompany a subpoena or summons and complaint, the Bureau Head shall reject the subpoena or summons and complaint.

 

2003.7                          For purposes of identifying the proper member, the subpoena or summons and complaint must contain to the extent possible the full and correct name of the member, the Police District or unit to which the member is assigned, and the badge number of the member.

 

2003.8                          If the member cannot be identified based upon the information provided in the subpoena or summons and complaint, the Bureau Head shall reject the subpoena or summons and complaint.

 

2003.9                          If a subpoena requires a member to appear or otherwise act in an expedited fashion (less than seven (7) calendar days), the attorney or party issuing the subpoena must include within his or her request:

 

                        (a)        An explanation for the expedited request;

 

(b)        Verification that the issuing attorney or party has contacted the member and the member has agreed to appear for the subpoena; and

 

(c)        The signature of the party or his/her attorney (if the party is represented) issuing the subpoena.

 

2003.10                      If a subpoena requiring a member to appear or act in less than seven (7) days is not accompanied by the requisite explanation and verification from the issuing attorney or party, the Bureau Head shall reject the subpoena.

 

2003.11                      If all prerequisites are met, the Bureau Chief shall accept service of the subpoena or summons and complaint on behalf of the member and service on the member shall be deemed complete.

 

2003.12                      If a member has not appointed a Bureau Head to accept service of process on his or her behalf, the member shall make himself or herself available for service of process when physically at his or her unit and shall not attempt to evade service.

 

2003.13                      If a member fails to make himself or herself available for service when physically at his or her unit or otherwise attempts to evade service, he/she may be subject to discipline.

 

Comments on the proposed rulemaking should be submitted, in writing, to Mr. Terrence Ryan, General Counsel, Metropolitan Police Department, Room 4125, 300 Indiana Avenue NW, Washington, D.C. 20001, within thirty (30) days of the date of the publication of this notice in the D.C. Register.  Additional copies of these proposed amendments are available from the above address.