5002016 Human Resources, Department of - Notice of Proposed Rulemaking - Chapter 8, Career Service

D.C. DEPARTMENT OF HUMAN RESOURCES

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008 and the Chief of Police in the Metropolitan Police Department, pursuant to Mayor’s Order 2012-28, dated February 21, 2012; and in accordance with the provisions of Title VIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-608.01 et seq. (2012 Repl. and 2013 Supp.)), and provisions of Title I of the Metropolitan Police Department Application, Appointment, and Training Requirements Act of 2000, effective October 4, 2000 (D.C. Law 13-160; D.C. Official Code §§ 5-107.01 et seq. (2012 Repl.)), hereby gives notice of the intent to adopt, in not less than thirty (30) days from the publication of this notice in the D.C. Register, the following amendments to Chapter 8, “Career Service,” of Subtitle B of Title 6, “Government Personnel,” of the District of Columbia Municipal Regulations (DCMR).

 

The purpose of these rules are to amend Sections 823, Term Appointment and 830, Noncompetitive Placement, to allow agencies to noncompetitively convert employees serving in term appointments to a regular Career Service appointment; amend Section  871, Processing Candidates for Police Sergeant, Lieutenant, and Captain, to clarify the roles between the Metropolitan Police Department (MPD) Human Resources Management Division and the Testing Division within the MPD; amend Section 873, Processing Entry-Level Candidates for Police Officer Positions, to address pay and benefit issues that occur when employees have Career Service rights and are appointed to Excepted Service positions, and add language to allow MPD to reject applicants that technically meet the qualifications but are not the best candidates; and include language that will further clarify military and law enforcement waivers to the 60 college credit requirement.  The notice also provides the MPD with the authority to accept applicants with less than a “C” average on a case-by-case basis; renumbers and makes minor changes to Subsections 873.4 through 873.6; amends Sections 874, Mandatory Disqualifications and 875, Discretionary Disqualifications, and change headings and revised language to be consistent with current operations; amends Section 876, Lateral Law Enforcement Program, to include credit for prior law enforcement time to five (5) years, and deleting the required 60 college credit requirement and other obsolete rules; amends Section 877 District of Columbia Police Training and Standards Board, by changing the heading and revising language to be consistent with MPD’s Application, Appointment, and Training Requirements contained in D.C. Official Code §§ 5-107.03 and 5-107.04;  and renumber Sections 878 through 880 of the chapter to make minor changes.  In addition, Subsection 870.56 and Section 872 contains non-substantial changes.  

 

Upon adoption, these rules will amend Chapter 8, Career Service, of Subtitle B of Title 6 of the DCMR, published at 30 DCR 2555 (May 27, 1983) and amended at 30 DCR 4608 (September 9, 1983), 31 DCR 2715 (June 1, 1984), 32 DCR 1857 (April 5, 1985), 32 DCR 2473 (May 3, 1985), 32 DCR 2953 (May 24, 1985) (Errata), 33 DCR 4299 (July 18, 1986), 35 DCR 1087 (February 19, 1988), 36 DCR 6069 (August 25, 1989), 37 DCR 3952 (June 15, 1990), 37 DCR 7117 (November 9, 1990), 42 DCR 3520 (July 7, 1995), 45 DCR 451 (January 23, 1998), 45 DCR 1641 (March 20, 1998), 47 DCR 2419 (April 7, 2000), 48 DCR 8973 (September 28, 2001), 49 DCR 1859 (March 1, 2002), 49 DCR 6842 (July 19, 2002), 49 DCR 8368 (August 30, 2002), 49 DCR 9298 (October 11, 2002) (Errata), 51 DCR 9706 (October 15, 2004), 51 DCR 10410 (November 12, 2004), 53 DCR 3248 (April 21, 2006), 54 DCR 725 (January 26, 2007); 54 DCR 9556 (October 5, 2007), 55 DCR 7731 (July 18, 2008), 56 DCR 271 (April 3, 2009), 56 DCR 3685 (May 8, 2009), 56 DCR 6162 (August 7, 2009); 59 DCR 4840 ( May 11, 2012), and 61 DCR 002122 (March 14, 2014). 

 

D.C. PERSONNEL REGULATIONS

 

Chapter 8 (Career Service), of Subtitle B of Title 6 (Government Personnel) of the District of Columbia Municipal Regulations, is amended to read as follows:

 

Section 823 (Term Appointment) is being amended and renumbered as follows:

 

823.1               A personnel authority may make a term appointment for a period of more than one (1) year when the needs of the service so require and the employment need is for a limited period of four (4) years or less.

 

823.2               Unless supported by grant funds, an employee continuously serving in a term appointment four (4) years or more, which is acquired through open competition, shall:

 

(a)        Be separated from District government service; or

(b)        Have his or her position converted to a regular Career Service appointment with permanent status.

823.3               If an employee is serving in a term appointment supported by grant funds, the conversion of his or her position shall be determined by the personnel authority.

823.4               Term appointments at and above grade level CS-13 or equivalent shall result from open competition, except in the case of a candidate who is eligible for reinstatement.

 

823.5               An agency may make a non-competitive term appointment to a position at or below grade level CS-12, or equivalent; except that the Chief, Metropolitan Police Department, is authorized to make non-competitive term appointments to positions at any grade level.

 

823.6               Except as provided in Subsection 823.7 of this section, a person appointed to a term appointment shall meet the minimum qualification requirements for the position.

 

823.7               A veteran who is an applicant for a term appointment at grade level CS-3 or below, or equivalent, shall be considered to be qualified to perform the duties of the position on the basis of his or her total experience, including military service, without regard to the qualification requirements.

 

823.8               An employee serving under a term appointment shall not acquire permanent status on the basis of the term appointment, and shall not be converted to a regular Career Service appointment, unless the initial term appointment was through open

                        competition within the Career Service and the employee has satisfied the probationary period. 

 

823.9               Employment under a term appointment shall end automatically on the expiration of the appointment, unless the employee has been separated earlier.

 

823.10             Except as specified in Subsection 813.2 of this chapter in the case of correctional officers, a term employee shall serve a probationary period of one (1) year upon initial appointment.

 

823.11             A term employee may be promoted and reassigned to another term position by new term appointment; provided that the competitive and non-competitive promotion provisions in Sections 829 and 830 of this chapter are followed.

 

823.12             Notwithstanding any other provision of this section and this chapter, in the case of grant funded positions, promotions and reassignments of term employees paid under the grant shall be made by new term appointment with specific time limitations coterminous (same) with the expiration date of the grant.

 

Subsection 830.1 (Noncompetitive Placement) is being amended to add:

 

(l)         A conversion from a term appointment to a regular Career Service appointment with permanent status, unless the initial term appointment was through open competition within the Career Service.

Subsection 870.56 (Processing Entry-Level Candidates for Firefighter/Emergency Medical Technician (EMT)) is amended as follows:

 

870.56             The LPD shall return the Certificate of Eligibles to the DCHR before requesting an additional Certificate.

 

Section 871 (Processing Candidates for Police Sergeant, Lieutenant, and Captain) is amended as follows:

 

871                  PROCESSING CANDIDATES FOR POLICE SERGEANT, LIEUTENANT, AND CAPTAIN

 

871.1               To be eligible to participate in any selection process conducted in or after calendar year 2009, members applying for the Sergeant, Lieutenant, or Captain selection process must have achieved an annual performance evaluation rating of at least “Meets Expectations,” or the equivalent, in the rating period prior to the selection process and shall meet the following time-in-rank qualification requirements:

 

(a)        An officer applying for the Sergeant selection process shall have a minimum of four (4) years of cumulative service, continuous or intermittent, as an officer in the Metropolitan Police Department of the District of Columbia, as of the qualifying date of the selection process;

 

(b)        A Sergeant applying for the Lieutenant selection process shall have a minimum of two (2) years of continuous service as a Sergeant in the Metropolitan Police Department, as of the qualifying date of the selection process, and shall be serving in the rank of Sergeant as of the qualifying date of the selection process;

 

(c)                A Lieutenant applying for the Captain selection process shall have a minimum of one (1) year of continuous service as a Lieutenant in the Metropolitan Police Department, as of the qualifying date of the selection process, and shall be serving in the rank of Lieutenant as of the qualifying date of the selection process; and

 

(d)        The Chief or designee shall verify each candidate’s performance evaluation rating and the time in rank requirements. The results of the verification shall be forwarded to the Director of Testing and Standards in accordance with departmental directives.

 

871.2               The Metropolitan Police Department shall establish, for each rank, a register of eligible candidates who successfully complete all phases of the selection process for the Police Sergeant, Lieutenant, and Captain positions.

 

871.3               Registers established under this section shall be structured in descending order in accordance with the results of the selection process.

 

871.4                              Each register established under this section shall include the name, and final ranking for a specified rank. 

 

871.5               A candidate on the register shall be eligible for promotion only if the candidate successfully completes all stages of the selection process and is serving in the qualifying rank on the date the candidate's name is reached for promotional purposes.

 

871.6               The Chief shall publish, according to the department's directives issuance system, the procedures for processing candidates on a register and the responsibilities and authorities for each step.

 

871.7               Prior to promotion to Sergeant, Lieutenant or Captain, each candidate shall be required to pass a medical examination in accordance with the procedures outlined in the pre-promotional physical examination in the General Orders 100.21 Physical Examinations. 

 

871.8               Unless otherwise authorized by the Chief, the register shall expire two (2) years from the date the register is established.

 

871.9               The Chief shall ensure that the register is coded with final disposition codes before a subsequent register is issued.

 

871.10             Promotional files or documents relating to the selection process and the eligibility for promotion shall be retained for a minimum of five (5) years from the expiration date of the register, and then, disposed of in accordance with the applicable records retention schedule.  Documents may include but are not limited to announcements, applications, tests administered for employee selection, evaluation or promotion, selection criteria, candidate responses, evaluations, test scores, and official test scores, and official test register.

 

871.11             The Chief of Police shall consider the disciplinary records of members who are candidates for promotion and who are not subject to collective bargaining.  The collective bargaining agreement provides information on how sustained adverse or corrective actions against a member shall affect a member’s eligibility for promotion. 

 

871.12             To the extent that any provision of these regulations, other than Subsection 871.1 of this section, conflicts with any provision of a written agreement with a labor organization, the provision of the written agreement shall prevail.

 

Section 872 (Appointment to Inspector, Commander and Assistant Chief of Police), is amended as follows:

 

872                  APPOINTMENT TO INSPECTOR, COMMANDER AND ASSISTANT CHIEF OF POLICE

 

872.1               The Chief of the Metropolitan Police Department is vested with the authority to assign to duty and to appoint all officers and members of the Metropolitan Police Department.

 

(a)        Consistent with the duty to maintain a force of the highest possible quality, the Chief of Police may appoint qualified candidates from within the Department, as well as seek and appoint qualified candidates from outside the Department, to position/jobs of Assistant Chief of Police, Commander, and Inspector.

 

(b)        The Chief of Police must consider a candidate's broad knowledge of law enforcement techniques and principles, including his or her knowledge of management principles and employee development in a law enforcement setting.

 

(c)        The Chief of Police shall consider the disciplinary record of all candidates for appointment under this section.

 

872.2               Appointment to Inspector shall be in accordance with the following:

 

(a)        Whenever one or more appointments are to be made to the rank of Inspector, the Chief of Police may make such selection(s) from a register containing the names of all eligible candidates.

 

(b)        Prior to the promotion or appointment to Inspector, each candidate shall be required to pass a medical examination, including a psychological examination in accordance with the procedures outlined in the pre-promotional physical examination in the General Orders 100.21 Physical Examination. 

 

872.3               Appointment to Commander shall be in accordance with the following:

 

(a)        The position of Commander connotes a candidate who meets the qualifications outlined in Subsection 872.1(b) of this section.

 

(b)        A commander is vested with authority to establish a command system which most effectively utilizes the human and material resources available to them and best fulfills the mission of the department.

 

(c)        Prior to the promotion or appointment to Inspector, each candidate shall be required to pass a medical examination, including a psychological examination in accordance with the procedures outlined in the pre-promotional physical examination in the General Orders 100.21 Physical Examination. 

 

872.4               Appointment to Assistant Chief of Police shall be in accordance with the following:

 

(a)        Whenever one or more appointments are to be made to the rank of Assistant Chief, the Chief of Police may make selection(s) from a register containing the names of all eligible candidates.

 

(b)        Prior to the promotion or appointment to Inspector, each candidate shall be required to pass a medical examination, including a psychological examination in accordance with the procedures outlined in the pre-promotional physical examination in the General Orders 100.21 Physical Examination.

 

872.5               Assistant Chiefs of Police, Commanders, and Inspectors appointed by the Chief of Police pursuant to D.C. Official Code § 1-609.03 are Excepted Service employees.  Assistant Chiefs of Police, Commanders, and Inspectors selected by the Chief of Police from the force pursuant to D.C. Official Code §§ 5-105.01 and 1-608.01 are Career Service employees, who serve in such positions at the pleasure of the Chief of Police, and may be returned to their previous rank/position at the discretion of the Chief of Police.

 

Section 873 (Processing Entry-Level Candidates for Police Officer Positions), is amended as follows:

 

873                  PROCESSING ENTRY-LEVEL CANDIDATES FOR POLICE OFFICER POSITIONS

 

873.1               In this section, the following terms have the meaning ascribed:

 

(a)        Conditional ─ When an offer of employment is "conditional," it is pending the successful completion of the remaining portion of the selection process.

 

(b)        Chief ─ Chief of Police of the Metropolitan Police Department.

 

(c)        Intrafamily offense – As that term is defined in D.C. Official Code § 16-1001(5).

 

(d)       MPD ─ Metropolitan Police Department.

 

(e)        Nolle prossed ─ A formal entry on the record by the government by which it declares that the government will not further prosecute the case.

 

(f)        Nolo contendere ─ A plea which is entered with the permission of a court to a criminal complaint or indictment by which the defendant does not admit or deny the charges, though a fine or sentence may be imposed pursuant to it.

 

(g)        Not Best Qualified ─ An applicant who meets the minimum qualifications for the position, but is later determined (through the background investigation) to be deficient in one or more areas.

 

(h)        Probationary ─ Entry-level police officers shall be required to serve a probationary period of eighteen (18) months, during which time said officer shall be terminated whenever his or her performance or conduct fails to demonstrate his or her fitness or qualifications for continued employment.

 

(i)         Register ─ a list of all individuals eligible for consideration for appointment to a position, ranked according to each candidate’s written examination score and the requirements of any applicable provisions of the Departmental Affirmative Action Plan.

 

873.2               To be considered as a candidate for the position/job of Police Officer, an applicant shall:

 

(a)        Be a citizen of the United States at the time of application;

 

(b)        Be at least twenty-one (21) years of age;

 

(c)        Meet one of the following eligibility criteria:

 

(1)        Successfully completed at least 60 semester hours of college or university — essentially the equivalent of two years of higher education with coursework in any subject matter. Credits from any accredited college or university will be accepted;

 

(2)        Served in the Armed Forces of the United States, including the Organized Reserves and National Guard, for at least three (3) years on active duty and if separated from the military, have received an honorable discharge; or

(3)        Served at least five (5) years in a full-duty status with a full-service police department in a municipality or a state within the United States, and have resigned or retired in good standing.

 

                        (d)       Possess a valid driver’s license; and

 

                        (e)        Pass any job-related aptitude or ability test as prescribed by the MPD.

 

873.3               The Chief shall establish a register of eligible candidates which:

 

(a)        Shall be rank-ordered according to the candidates scores on the qualifying examinations, including veterans and residency preference points, if applicable; and

 

(b)        Shall remain in existence for one (1) year from the date of issuance, unless otherwise authorized by the Chief of Police.

 

873.4               Once the candidate has passed the preliminary screening, the Human Resources Officer or Designee shall provide the candidate with a written conditional offer of employment, indicating the intent to appoint the candidate pending the successful completion of the remaining portion of the selection process.

 

873.5               If the written conditional offer of employment is accepted by the candidate, the candidate shall:

 

(a)        Complete a "Medical History Form" (PD Form 688);

 

(b)        Undergo a drug screening test and psychological screening;

 

(c)        Undergo a medical examination;

 

(d)       Be fingerprinted and photographed by the MPD;

 

(e)        Submit to a polygraph examination; and

 

(f)        Submit a birth certificate, or notarized copy thereof, and such other forms as the MPD may require.

 

873.6               Each candidate shall be required to pass a medical examination, polygraph examination, and a background investigation in order to be offered a probationary appointment.

 

873.7               Each candidate shall undergo medical testing conducted at Police and Fire Clinic by properly licensed health care practitioners or by licensed health care practitioners to whom candidates have been referred for further evaluation by the Medical Director of the Police and Fire Clinic.

 

873.8               Medical testing shall consist of a complete physical examination and psychological screening which includes a written psychological examination and a psychiatric evaluation performed by a licensed psychiatrist, and such other tests as determined by the Police and Fire Clinic.

 

873.9               The Medical Director of the Police and Fire Clinic shall make the medical determination of suitability for each candidate.

 

873.10             If a candidate has been medically disqualified, the Human Resource Bureau Officer or Designee shall notify the candidate in writing of the reasons for the disqualification and the procedures to appeal the decision pursuant to Subsection 873.15 of this section.

 

The heading of Section 874 is changed from “District of Columbia Police Training and Standards Board” to “Mandatory Disqualifications” and is amended as follows: 

 

874                  MANDATORY DISQUALIFICATION

 

874.1               A candidate is ineligible to become a police officer if the candidate has done any of the following:

 

(a)        Engaged in any conduct which would constitute a felony in the District of Columbia, whether or not the conduct resulted in the arrest of the candidate or the filing of criminal charges;

 

(b)        Been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any misdemeanor, or any offense in any other state, territory, or country which would be a misdemeanor if committed in the District of Columbia, when the misdemeanor involves:

 

(1)        Violence, including, but not limited to, an intrafamily offense; simple assault; violence toward the aged, a spouse, incompetent persons, or children; or threats of violence;

 

(2)        Perjury or falsification, including the making of false reports of crimes, or falsification of official documents;

 

(3)        Sexual offenses, including, but not limited to, indecent exposure; promoting, procuring, compelling, soliciting or engaging in prostitution; corrupting minors (sexual relations with children); molesting; voyeurism (peeping tom); committing sex acts in public; incest; and sexual battery;

 

(4)        Any offense involving violations of the civil rights of any person under the Constitution or laws of the U.S. or any state or territory;

 

(5)        Any theft committed after reaching the age of 18;

 

(6)        Illegal possession, use, sale, distribution, or manufacture of any controlled substance;

 

(7)        Driving under the influence (DUI) of any controlled substance used illegally;

 

(8)        Any offense involving the possession or use of a firearm; or

 

(9)        Any bias-related crime.

 

(c)        Been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for driving while intoxicated from alcohol on any single occasion within five (5) years prior to application, or two (2) or more times at any time prior to application;

 

(d)       Been convicted of, pled guilty or nolo contendere to, or been placed on probation before judgment for manslaughter (negligent homicide), hit and run with injury, or fleeing and eluding police;

 

(e)        Exhibited an unacceptable driving record within five (5) years of application, as evidenced by, but not limited to:

 

(1)        Two (2) or more collisions where the candidate has been found at fault or issued a citation;

 

(2)        Suspension for moving violations;

 

(3)        Revocation; or

 

(4)        Operating after suspension or revocation.

 

(f)        Received three (3) or more adjudicated and sustained tickets for moving violations within the twelve-month (12-month) period prior to application;

 

(g)        Been dishonorably discharged from military service;

 

(h)        While in the military, engaged in any conduct which would constitute a felony or disqualifying misdemeanor in the District of Columbia or been found guilty of an Article 15 of the Armed Forces or any other disciplinary procedure involving a felony or disqualifying misdemeanor;

 

(i)         Is on parole or probation for any criminal offense, or is pending final disposition on a criminal charge;

 

(j)         Been discharged or asked to resign in lieu of termination from civilian employment two (2) or more times within five (5) years prior to application due to disciplinary action;

 

(k)         Established a verifiable prior employment record of:

 

(1)        Poor performance as documented by an evaluation of less than satisfactory in three (3) of his or her five (5) most recent performance ratings or any instances of multiple “Less Than Satisfactory” performance ratings with any single employer;

 

(2)        Disciplinary action within three (3) years prior to application based upon neglect of duty, insubordination or inability to follow orders; or

(3)        Three (3) or more documented employment disciplinary actions filed against the applicant within five (5) years prior to application.

 

(l)         Been terminated or forced to resign from any commissioned or recruit/probationary position with a law enforcement agency for disciplinary reasons; or resigned from a law enforcement agency to avoid potential or proposed adverse disciplinary action or termination;

 

(m)        Is receiving a disability retirement allowance from any law enforcement agency or any branch of the military;

 

(n)        Knowingly made any false statement or falsified any document concerning any matter;

 

(o)        Knowingly made any false statement or been deceptive by statement or omission in the written police application or in any part of the police entry-level selection process;

 

(p)        Refused to submit to a truth verification test as part of the pre-employment process;

 

(q)        Demonstrated a history of personality and/or mental disorders as determined by the Police and Fire Clinic; been a patient in a mental institution for personality or mental disorders; or received treatment as an out-patient for personality or mental disorders;

 

(r)        Used marijuana or hashish illegally on any single occasion within a three (3) year period prior to application;

 

(s)        Taken any prescription medication without a valid prescription within three (3) years prior to application; or

 

(t)         Used any other controlled substance illegally on any single occasion within five (5) years prior to application.

 

The heading of Section 875 is changed from “Promotion to Battalion Fire Chief and Deputy Fire Chief” to “Discretionary Disqualifications” and is amended as follows: 

 

875                  DISCRETIONARY DISQUALIFICATIONS

 

875.1               A candidate may be determined ineligible to become a police officer if the candidate has a combination of any two (2) or more of the following:

 

(a)        Been convicted of, pled guilty or nolo contendere to, or given probation before judgment for any misdemeanor charge not listed in Subsection 874.1 in this chapter;

 

(b)        Been given less than an honorable discharge from the military, or an honorable discharge with an unfavorable re-entry code;

 

(c)        Been arrested for or charged with a criminal offense that was nolle prossed or dismissed;

 

(d)        Exhibited evidence of alcoholism or an alcohol problem that poses an unacceptable threat to the safety of the individual or others as determined by the Police and Fire Clinic acting in compliance with the Americans with Disabilities Act and the requirements of law enforcement;

 

(e)        Established a verifiable civilian employment record of any of the following:

 

(1)        Three (3) or more unexcused absences or eight (8) or more unexcused late occurrences during his/her last twelve (12) months of employment;

 

(2)        Poor performance as documented by an evaluation of less than satisfactory in three (3) of his or her five (5) most recent performance ratings;

 

(3)        Disciplinary action within three (3) years prior to application based upon insubordination or inability to follow orders;

 

(4)        Three (3) or more civilian employment disciplinary actions filed against the applicant within five (5) years prior to application;

 

(5)        An unstable or sporadic work history within five (5) years prior to application, e.g., has frequently moved from job to job or experienced lengthy periods of unemployment, as demonstrated by jobs lasting one (1) year or less;

 

(6)        Unfavorable recommendations from past employers; or

 

(f)        During an administrative or criminal investigation, resigned from a law enforcement agency or otherwise demonstrated evidence of guilt without a final judgment having been rendered;

 

(g)        Failed, during the police entry-level selection process and without prior notification and approval, to meet mandated deadlines, cooperate fully with and provide necessary documentation to and keep all scheduled appointments with MPD staff personnel;

 

(h)        Failed, during the police entry-level selection process, to provide additional personal information as requested or to submit information updates/changes, particularly changes of address and home and business telephone numbers, within five (5) business days of the change;

 

(i)         Resigned or been terminated from any law enforcement academy due to a lack of proficiency in an academic or skill area;

 

(j)         Established a history of civil law suits as either a plaintiff or defendant;

 

(k)        Failed to obey or honor any judgment entered by a court of record, including, but not limited to, failure to make alimony or support payments, failure to pay any fine imposed by any court of record, or has demonstrated a lack of honesty and integrity in disposing of financial obligations;

 

(l)         Engaged in any activity constituting grounds for dismissal under Chapter 16 of these regulations. 

 

875.2               Appointments shall be tendered at the conclusion of the selection process, by the Human Resources Bureau Officer or Designee.

 

875.3               Candidates who are disqualified for the position of police officer shall receive written notification by the Human Resources Bureau Officer or Designee.

 

875.4               Candidates who are disqualified on the basis of either the medical examination or the background investigation may appeal to the Chief of Police or his or her designee, whose decision shall be final.

 

The heading of Section 876 is changed from “Processing Candidates for Fire Sergeant, Lieutenant, and Captain Positions” to “Lateral Law Enforcement Program” and is amended as follows: 

 

876                  LATERAL LAW ENFORCEMENT PROGRAM

 

876.1               Consistent with the Chief’s duty to maintain a force of the highest possible quality, the Chief may seek and appoint qualified persons who have worked for other law enforcement agencies.

 

876.2               The Chief of Police may make conditional offers of employment to applicants from other law enforcement organizations, subject to all restrictions and limitations contained in this chapter.

 

876.3               Candidates who receive conditional offers of appointment pursuant to Subsection 876.2 of this section may be entitled to receive compensation commensurate with their experience and expertise not to exceed five (5) years of law enforcement training and experience.

 

876.4               Such additional compensation shall be granted at the discretion of the Chief of Police.

 

876.5               The Chief of Police may consider but not be limited by the following factors in determining whether or not additional compensation shall be granted:

 

(a)        Service with a law enforcement agency in a metropolitan area with a populace comparable to that of the District of Columbia, with full arrest powers; or

 

(b)        Service with a federal law enforcement agency with broad responsibilities such as, but not limited to, the U.S. Park Police, the U.S. Secret Service, the U.S. Capitol Hill Police, the Federal Bureau of Investigation, the Drug Enforcement Agency, or the Federal Protective Service, with full arrest powers.

 

876.6               Employees hired under Subsection 873.21 of this section shall be paid in accordance with existing wage/grade policies and or negotiated contracts where applicable.

 

The heading of Section 877 is changed from “Retirement/Resignation of Members While Under Disciplinary Investigation” to “District of Columbia Police Training and Standards Board” and is amended as follows: 

 

877                  DISTRICT OF COLUMBIA POLICE TRAINING AND STANDARDS BOARD

 

877.1               There is hereby established the District of Columbia Police Officers Standards and Training ("Board").

 

877.2               Membership on the Board shall consist of the following 11 persons who shall be voting members:

 

(a)        The Mayor or the Mayor's designee;

 

(b)        Chief of Police, Metropolitan Police Department or the Chief of Police's designee;

 

(c)        Attorney General for the District of Columbia or the Attorney Counsel's designee;

 

(d)        United States Attorney for the District of Columbia or the United States Attorney's designee;

 

(e)        Assistant Director in Charge, Washington Field Office, Federal Bureau of Investigation or the Assistant Director's designee;

 

(f)        Representative of the District of Columbia Superior Court appointed by the Mayor in consultation with the Chief Judge of the Superior Court;

 

(g)        One criminal justice educator appointed by the Mayor;

 

(h)        One police representative appointed by the certified collective bargaining agent, and one  police representatives appointed by the Mayor in consultation with the Chief of Police; and

 

(i)         Two community representatives appointed by the Mayor.

 

877.3               The Mayor in consultation with the Chief of Police shall appoint one Metropolitan Police Department Reserve Corps representative as an advisory, nonvoting member of the Board.

 

877.4               The following persons may be advisory, nonvoting members of the Board:

 

(a)        The Executive Director, Maryland Police and Correctional Training Commissions; and

 

(b)        The Director, Division of Training and Standards, Virginia Department of Criminal Justice.

 

877.5               The appointments to the Board shall be for a 3-year term.

 

877.6               No member shall serve beyond the time when he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Any member chosen to fill a vacancy created otherwise than by expiration of a term shall be appointed for the unexpired portion of the term of the member whom he or she succeeds.

 

877.7               The members shall receive no salary, but shall be reimbursed for their expenses lawfully incurred in the performance of their official functions.

 

877.8               Members appointed to the Board by the Mayor may be removed by the Mayor for incompetence, neglect of duty, or misconduct.

 

877.9               The Chairperson shall be appointed by the Mayor from among the voting members of the Board and the vice chair shall be elected from among the voting members.

 

877.10             The Board shall hold its initial meeting promptly after the appointment and qualification of its members. Thereafter, the Board shall meet a minimum of twice each calendar year and at other times as it or the Board's Chairperson may determine. The majority of the voting members of the Board shall constitute a quorum for the transaction of business, the performance of duties or for the exercise of any of its authority. Advisory members shall be entitled to participate in the business and deliberation of the Board, but shall not be entitled to vote. The Board shall establish its own procedures and requirements with respect to the place and conduct of its meetings.

 

877.11             The Board shall establish minimum application and appointment criteria that include the following:

 

(a)        That an applicant be a citizen of the United States at the time of application;

 

(b)        Age limits;

 

(c)        Height and weight guidelines;

 

(d)        Physical fitness and health standards;

 

(e)        Psychological fitness and health standards;

 

(f)        The completion of a criminal background investigation;

 

(g)        The consideration to be placed on an applicant's participation in court-ordered community supervision or probation for any criminal offense at any time from application through appointment;

 

         (h)        The consideration to be placed on an applicant's criminal history, including juvenile records;

 

         (i)         The completion of a background investigation;

 

         (j)         Military discharge classification information; and

 

(k)        Information on their prior service with the Metropolitan Police Department.

 

877.12             The administrative work of the Board shall be carried out by members of the Metropolitan Police Department as appointed by the Chief of Police.

 

877.13             Notwithstanding the standards established by the Board in accordance with Subsection 877.11 of this section, the Chief of Police may deny employment to any applicant based upon conduct occurring while the applicant was a minor if, considering the totality of the circumstances, the Chief of Police determines that the applicant has not displayed the good moral character or integrity necessary to perform the duties of a sworn member of the Metropolitan Police Department.

 

877.14             Each applicant selected for appointment as a sworn member of the Metropolitan Police Department shall successfully complete an initial training program and initial firearms training program before deployment, including minimum requirements developed by the Board, unless the applicant receives a waiver pursuant to Subsection 877.17 of this section.

 

877.15             The Board shall determine minimum requirements for the initial training program and initial firearms training program for Metropolitan Police Department recruits, including the appropriate sequence, content, and duration of each program, and:

 

(a)        The minimum number of hours required;

 

(b)        If and under what circumstances the initial training program will include temporary deployment of the applicant before regular deployment as a sworn member; and

 

(c)        The subjects to be included as part of every applicant's initial training.

 

877.16             The Metropolitan Police Department is authorized to utilize the services of other law enforcement agencies or organizations engaged in the education and training of law enforcement personnel to satisfy any portion of the initial training program, the initial firearms training program, or the continuing education program.

 

877.17             The Chief of Police is authorized to modify or waive the initial training program and initial firearms training program requirements for either of the following:

 

(a)        Any applicant who is a former sworn member of the Metropolitan Police Department who has been separated from employment with the Metropolitan Police Department for less than 3 years; or

 

(b)        Any former member of a federal, state, or local law enforcement agency who has completed training similar to the Metropolitan Police Department's initial training program and initial firearms training program and who has been separated from employment with a federal, state, or local law enforcement agency for less than 3 years.

 

877.18            The Board shall determine minimum requirements for a continuing education program for sworn members of the Metropolitan Police Department, including:

 

(a)        Requirements for a continuing education firearms training program; and

 

(b)        The appropriate consequence, including ineligibility for promotion, if a member fails to satisfy the continuing education requirement.

 

877.19             The Metropolitan Police Department may utilize the services of other law enforcement agencies or organizations engaged in the education and training of law enforcement personnel to satisfy any portion of the initial training program, initial firearms training program, or continuing education program.

 

877.20             The Board shall establish the minimum requirements for any instructor of any component of the Metropolitan Police Department's initial training program, continuing education program, or firearms training program.

 

877.21             The Board shall establish the minimum selection and training standards for members of the District of Columbia Housing Authority Police Department.

 

877.22             The Board shall also review and make recommendations to the Chief of Police, the Mayor, and the Council, regarding:

 

                        (a)        The Metropolitan Police Department’s tuition assistance program;

 

(b)        The optimal probationary period for new members of the Metropolitan Police Department pursuant to Subsection 877.28 of this section;

 

                        (c)        The issue of creating separate career tracks for patrol and investigations;

                       

                        (d)        Minimum standards for continued level of physical fitness for sworn members of the Metropolitan Police Department; and

 

                        (e)        The Metropolitan Police Department Reserve Corps program’s training and   standards.

 

877.23             The minimum standards set by the Board, pursuant to Subsections 877.11, 877.15, 877.18, and 877.20 of this section, shall not preclude the Metropolitan Police Department from establishing higher standards, including standards regarding its application, initial training, and continuing education programs at the department.

 

877.24             The minimum standards set by the Board pursuant to Subsection 877.21 of this section shall not preclude the District of Columbia Housing Authority Police Department from establishing higher standards.

 

877.25             Not later than December 31 of each calendar year, the Board, through the Chief of Police, shall deliver a report to the Mayor and the Council concerning the Metropolitan Police Department's initial training program, continuing education program, and firearms training program.

 

(a)        The report shall include the number of:

 

(1)        Applicants who have successfully completed the application process;

 

(2)        Applicants who have completed the initial training program; and

 

(3)        Sworn members who have completed the continuing education and firearms training programs.

 

(b)        An assessment of the Metropolitan Police Department’s compliance with the Board’s prescribed minimum standards for each of its application and training programs;

 

(c)        Recommendations where the Board believes that the Metropolitan Police Department’s current standards for applicants, initial training including firearms training, and continuing education can be improved; and

 

(d)        An overall assessment of the Metropolitan Police Department’s current and planned recruiting efforts in light of public safety needs in the District.

 

877.26             Any applicant who met the age requirement at the time of application and who was denied appointment on the basis of racial discrimination, as determined by the Director of the Office of Human Rights, may be appointed notwithstanding the applicant's age at the time of that determination.

 

877.27             Applications for appointment to the Metropolitan Police Department shall be made on forms furnished by the Metropolitan Police Department.

 

877.28             Appointments to the Metropolitan Police Department shall be for a probationary period to be determined by the Chief of Police. Continuation of service after the expiration of that period shall be dependent upon the conduct of the appointee and his or her capacity for the performance of the duties to which assigned, as indicated by reports of superior officers. The probationary period shall be an extension of the examination period.

 

877.29             If the Police and Fire Clinic shall find any probationer physically or mentally unfit to continue his or her duties, that probationer shall be required to appear before the Police and Firefighter's Retirement and Relief Board. That Board shall make any findings as are required pursuant to D.C. Official Code § 5-713 (the Policemen and Firemen's Retirement and Disability Act) and those findings shall be incorporated in a recommendation submitted to the Mayor.

 

877.30             Each police officer appointed shall maintain a level of physical fitness to be determined by the Chief of Police. The final determination with respect to inappropriate fitness levels shall be made by the Medical Director of the Police and Fire Clinic.

 

A new Section 878 “Promotion to Battalion Fire Chief and Deputy Fire Chief” is added as follows: 

 

878                  PROMOTION TO BATTALION FIRE CHIEF AND DEPUTY FIRE CHIEF

 

878.1               Until September 30, 2007, promotion to Battalion Fire Chief will be accomplished in accordance with the following:

 

(a)        A Captain will be eligible for consideration for promotion to the rank of Battalion Fire Chief after having served as a Captain for a period of at least one (1) year;

 

(b)        Whenever one (1) or more promotions are to be made to the rank of Battalion Fire Chief, the Fire Chief will submit to the Mayor a list of the names of all Captains eligible under Subsection 875.1(a) of this section, together with such other information as the Mayor may require;

 

(c)        The Fire Chief will submit the final nomination of names to the Mayor for approval; and

 

(d)        Each individual selected for promotion to Battalion Fire Chief must successfully complete a promotional medical examination by the Board of Police and Fire Surgeons in order to be promoted; and

 

(e)        All candidates shall be of good standing with no disciplinary action pending or administered resulting in more than a 14-day suspension or termination within the past three (3) years.

 

878.2               Until September 30, 2007, promotion to Deputy Fire Chief will be accomplished in accordance with the following:

 

(a)        Whenever one (1) or more promotions are to be made to the rank of Deputy Fire Chief, the Fire Chief will submit to the Mayor a list of the names of all Battalion Fire Chiefs, together with such other information as the Mayor may require;

 

(b)        The Fire Chief will submit the final nomination of names to the Mayor for approval; and

 

(c)        Each individual selected for promotion to Deputy Fire Chief must successfully complete a promotional medical examination by the Board of Police and Fire Surgeons in order to be promoted.

 

878.3               Section 2(b) of the Omnibus Public Safety Agency Reform Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code § 5-402 (b) (2012 Repl.)), provides that the Fire Chief must establish criteria for Career Service promotions to Battalion Fire Chief and Deputy Fire Chief that addresses the areas of education, experience, physical fitness, and psychological fitness. The criteria established, which will become effective on October 1, 2007, are specified in Subsections 878.4 through 878.6 of this section.  

 

878.4               Beginning on October 1, 2007, promotion to Battalion Fire Chief will be accomplished in accordance with the following:

 

(a)                A Captain will be eligible for consideration for promotion to the rank of Battalion Fire Chief after having served as Captain for at least one (1) year;

 

(b)               Each candidate must be certified to the Fire Officer II level in accordance with the standards of the National Fire Protection Association (NFPA), or equivalent, and must meet at least one (1) of the following three (3) educational and training requirements:

 

(1)        Certification to Fire Officer III level in accordance with NFPA standards, or equivalent;

 

(2)        A minimum of forty-five (45) semester hours of college level course work, with at least fifteen (15) semester hours in core subjects such as English composition, mathematics, and science, and the remainder in fire science or administration courses, or the equivalent of fire science or administration courses; or

 

(3)         A minimum of thirty (30) hours toward certification as Fire Officer III in accordance with NFPA standards, or equivalent, with an additional fifteen (15) semester hours of college level course work in core subjects such as English composition, mathematics, and science. 

 

(c)        A candidate hired after December 31, 1980 will be considered ineligible for consideration for promotion to the rank of Battalion Fire Chief if his or her record includes a suspension action for a period of fourteen (14) days or more within the three (3) years prior to submission of his or her application for promotion.

 

(d)        Each candidate will be required to successfully complete a promotional physical at the time of selection.

 

878.5               Beginning on October 1, 2007, promotion to Deputy Fire Chief will be accomplished in accordance with the following:

 

(a)        A Battalion Fire Chief will be eligible for consideration for promotion to the rank of Deputy Fire Chief after having served as Battalion Fire Chief for at least one (1) year;

 

(b)        Each candidate must be certified to Fire Officer II level in accordance with the standards of the National Fire Protection Association (NFPA), or equivalent, and must meet at least one (1) of the following three (3) educational and training requirements:

 

(1)        Certification to Fire Officer III level in accordance with NFPA standards, or equivalent;

 

(2)        A minimum of forty-five (45) semester hours of college level course work, with at least fifteen (15) semester hours in core subjects such as English composition, mathematics, and science, and the remainder in fire science or administration courses, or the equivalent of fire science or administration courses; or

 

(3)        A minimum of thirty (30) hours toward certification as Fire Officer III in accordance with NFPA standards, or equivalent, with an additional fifteen (15) semester hours of college level course work in core subjects such as English composition, mathematics, and science.  

 

(c)        A candidate hired after December 31, 1980 will be considered ineligible for consideration for promotion to the rank of Deputy Fire Chief if his or her record includes a suspension action for a period of fourteen (14) days or more within the three (3) years prior to submission of his or her application for promotion.

 

(d)        Each candidate will be required to successfully complete a promotional physical at the time of selection.

 

878.6               The selection process for the Battalion Fire Chief and Deputy Fire Chief is as follows:

 

         (a)        The Fire Chief is authorized to select for promotion any of the members who meet the minimum qualification standards listed in Subsections 878.4 and 875.5 of this section.

 

(b)        The Fire Chief will submit the final nomination of names to the Mayor, together with any other information as the Mayor may require.

 

A new Section 879 “Processing Candidates for Fire Sergeant, Lieutenant, and Captain Position” is added as follows: 

 

879                  PROCESSING CANDIDATES FOR FIRE SERGEANT, LIEUTENANT, AND CAPTAIN POSITION/JOBS

 

879.1               In this section, the following terms have the meaning ascribed:

 

Disposition ─ the final status of individuals considered for appointment from a register of eligibles, indicated on the register by means of the coding system herein described.

 

Register of eligibles (register) ─ a list of all individuals eligible for consideration for appointment to a position.

 

Promotion Board ─ a group of Fire Department (Department) officers appointed by the Fire Chief, as described in  Subsection 879.12 of this section, to determine the fitness for promotion of eligible Sergeant, Lieutenant, and Captain candidates.

 

879.2               To be eligible to take a promotional examination, the candidate shall meet the following time-in-rank requirements:

 

(a)        Eligible firefighters applying for the Sergeant Examination shall have a minimum of five (5) years of cumulative service, continuous or intermittent, as a firefighter in the Fire Department of the District of Columbia as of the qualifying date for the examination;

 

(b)        Sergeants applying for the Lieutenant Examination shall have a minimum of one (1) year of continuous service as a Sergeant in the Fire Department of the District of Columbia as of the qualifying date for the examination and shall be serving in the rank of Sergeant on the date of the examination; and

 

(c)        Lieutenants applying for the Captain Examination shall have a minimum of one (1) year of continuous service as a Lieutenant in the Fire Department of the District of Columbia as of the qualifying date for the examination and shall be serving in the rank of Lieutenant on the date of the examination.

 

879.3               The personnel authority shall establish a register of eligible candidates who complete the written examination phase of the selection process for Fire Sergeant, Lieutenant, and Captain positions.

 

879.4               Registers established under this section shall be structured in descending order of the candidate's rating.  The rating reflects the candidate's final score on the written examination plus any additional points for service or education.

 

879.5               Registers established under this section shall include the rank, names, social security numbers, and ratings of all eligible candidates.

 

879.6               Candidates on the register shall be eligible for appointment only if they successfully complete all stages of the selection process, as specified in this section.

 

879.7               The register shall be in compliance with any applicable provisions of the Affirmative Action Plan of the Department.

 

879.8               The Director of DCHR (or his or her designee) shall transmit the register of eligibles to the Fire Chief (Chief), who shall designate the Liaison Personnel of the Department (LPD) as the custodian of the register.  The Assistant Fire Chief, Operations, shall be designated as the LPD.

 

879.9               After receiving the register from the Chief, the LPD shall indicate the final status of each candidate in the "Disposition" column on the register, using the following coding system, and in accordance with the instructions set forth in this section:

 

(a)        A:        The candidate declined to appear before the Promotion Board;

 

(b)        B:         The candidate failed to appear before the Promotion Board;

 

(c)        C:         The candidate was determined to be unsuitable for promotion by the Promotion Board only;

 

(d)        D:        The candidate declined to undergo the medical examination;

 

(e)        E:         The candidate failed to report for the medical examination;

 

(f)        F:         The candidate failed to complete the medical examination;

 

(g)        G:        The candidate was determined to be unsuitable for appointment to the position on the basis of the medical examination only;

 

(h)        H:        The candidate was appointed to the position;

 

(i)         I:          The candidate declined appointment to the position; or

 

(j)         J:          The candidate was not appointed to the position for reason(s) other than those described above.  The LPD shall record the status of each candidate not selected.

 

879.10             The LPD shall establish a file for each candidate whose name is referred to the Promotion Board.  Each file shall contain all correspondence and documents concerning the consideration of the candidate for promotion.

 

879.11             The Trial Board or other administrative system for corrective or adverse action shall notify the Fire Chief of any case initiated or any action taken on any case which may come before it, if that case involves a candidate on a promotion register as set forth in this section.

 

879.12             The Chief shall, whenever one (1) or more promotions are to be made, establish a Promotion Board (Board) in accordance with the following requirements:

 

(a)        The Board shall consist of an Assistant Fire Chief, at least two (2) of the Deputy Fire Chiefs from the Fire Fighting Division and at least one (1) other Deputy Fire Chief from either the Fire Prevention Division, the Training Division, the Apparatus Division, or the Ambulance Division;

 

(b)        When a Deputy Fire Chief of a Division is on extended leave, a regular Acting Deputy Fire Chief of that Division may be selected to serve;

 

(c)        All members of the Board shall be considered as full voting members; and

 

(d)        The presence of all members of the Board shall constitute a quorum, and no action shall be taken by the Board without a quorum present.

 

879.13             The Chief shall submit to the Board for its consideration nine (9) more names than the number of promotions to be made.  All such names shall be submitted in rank order from the top of the appropriate register.

 

879.14             The Chief shall submit to the Board the names of the remaining candidates on a register when, for any reason, there are fewer than ten (10) eligible candidates remaining on the register.

 

879.15             The LPD shall schedule each candidate to appear before the Board.

 

879.16             The names of candidates who have declined to appear before the Board shall be coded “A” in the “Disposition” column of the register.  These candidates shall not be permitted further consideration for positions filled from this register.

 

879.17             The Board shall convene in order to determine each candidate’s fitness for promotion based on the following:

 

(a)        The official personnel record;

 

(b)        An evaluation by superior officers; and

 

(c)        A job-related oral examination by the Board.

 

879.18             Candidates who fail to appear before the Board as scheduled, upon their request, may be permitted by the LPD one (1) additional opportunity to appear before the Board.

 

879.19             The names of candidates who have either (a) failed to appear before the Board and who have not requested rescheduling, or (b) failed to appear before the Board after rescheduling shall be coded "B" in the "Disposition" column of the register.  These candidates shall not be permitted further consideration for position filled from this register.

 

879.20             All Board proceedings shall be electronically or stenographically recorded and shall remain in the possession of the LPD.

 

879.21             The proceedings shall be made available for inspection upon the written request to the LPD of any candidate evaluated by the Board for the duration of the register and for two (2) years thereafter.  Each candidate shall be provided access only to that information which is relevant to his or her evaluation.

 

879.22             The Board shall evaluate the fitness of candidates using standardized procedures and forms approved by the DCHR, in order to arrive at a just and fair recommendation concerning promotion.

 

879.23             A candidate shall be recommended for promotion by the Board to the Chief if a majority of the members of the Board so recommend.

 

879.24             When the Board unanimously determines that there is sufficient evidence of unfitness for promotion, the Board shall recommend to the Chief that the name of the candidate be removed from the register.

 

879.25             If a candidate is not recommended for promotion by a majority of the members of the Board and the Board does not unanimously determine that the candidate is unfit for promotion, the Board shall recommend to the Chief that the candidate not be promoted at that time.  The name of the candidate then shall be placed in its original rank-ordered position/job on the register for consideration for promotion by the next Board to be convened.

 

879.26             In each case where the Board recommends that a candidate not be promoted at that time or that a candidate is unfit for promotion and should have his or her name removed from the register, the candidate shall be given a written summary of the findings upon which the Board's decision was based by the LPD within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, of the Board's decision.  Upon request, the candidate shall also be given access to the proceedings as specified in Subsection 879.21 of this section.

 

879.27             The candidate shall also be advised by the LPD that he or she may submit a written appeal to the Chief, within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, from the date of receipt of the written summary, informing him or her of the basis for the recommendation to refrain from promotion.

 

879.28             The Chief shall take action on the appeal, in writing, within fifteen (15) days.  An allotment of positions equal to the number of appeals submitted to the Chief shall be set aside by the Board and shall not be filled until such appeals have been acted upon by the Chief.

 

879.29             The Chief's determination, under Subsection 876.28 of this section, shall be considered the final agency decision on an employee grievance, which the candidate may then appeal.

 

879.30             If the Chief upholds the appealed recommendation(s) of the Board, the Chief shall submit to the Board for its consideration, an equal number of additional names to replace those determined to be unfit for promotion and those not recommended for promotion at that time.  Such additional names shall be referred in rank order from among those candidates who remain on the register.  These additional candidates will be considered by the Board as described in Subsections 879.15 through 879.29 of this section.

 

879.31             Upon consideration of a sufficient number of candidates, nine (9) plus the number of promotions to be made at the time, the Board shall list these candidates according to their rank-ordered standing on the register and shall submit this list to the Chief.

 

879.32             The Chief shall select a candidate for promotion from the list of candidates recommended for promotion by the Board.

 

879.33             Those candidates recommended by the Board for promotion but who are not selected by the Chief shall retain their rank-ordered standing on the register.  Their names shall be submitted to the next Board to be convened and shall then be referred by the Board to the Chief for reconsideration             without re-examination.  Referral of these candidates to subsequent Boards in order of their standing on the register shall proceed until the register has expired or until these candidates have been selected for promotion by the Chief.

 

879.34             Those candidates who were not recommended for promotion and whose names are to remain on the register shall retain their rank-ordered standing on the register.  They shall be referred to the next Board to be convened and shall be re-examined as described in Subsections 879.15 through 879.29 of this section.

 

879.35             If the next Board then recommends these candidates for promotion, their names shall be submitted to the Chief as described in Subsection 879.31 of this section.

 

879.36             If the next Board does not recommend these candidates for promotion at that time, they shall retain their rank-ordered standing on the register and shall be referred to subsequent Boards for reconsideration in accordance with the requirements of Subsection 879.34 of this section.

 

879.37             If the next Board recommends that the name of the candidate be removed from the register, the candidate shall be treated in accordance with the requirements of Subsections 879.24 through 879.29 of this section.

 

879.38             After all appeals within the agency have been exhausted, the names of those candidates who are to be removed from the register shall be coded “C” in the “Disposition” column of the register.  These candidates shall not be permitted consideration for positions/jobs filled from this register.

 

879.39             Following selection for promotion by the Chief, each candidate shall be required to successfully complete a medical examination prior to appointment as a Sergeant, Lieutenant, or Captain.

 

879.40             The LPD shall schedule the medical examination and notify each candidate of the date and time at which to report to the Police and Fire Clinic for the pre-promotional medical examination.

 

879.41             The names of candidates who have declined to undergo the medical examination shall be coded “D” in the “Disposition” column of the register.  These candidates shall not be permitted further consideration for positions filled from this register.

 

879.42             Each candidate shall report to the Police and Fire Clinic for the medical examination.  The staff of the Clinic shall arrange for all necessary tests, including x-rays and other required laboratory procedures.

 

879.43             Candidates who fail to report for or to complete the medical examination, upon their request and for adequate reason, may be permitted by the LPD one (1) additional opportunity to take or complete the medical examination.

 

879.44             The Board of Police and Fire Surgeons shall make the medical determinations for each candidate and shall indicate its findings on the Medical Survey Form (PD305 or FD35), which shall be returned directly to the LPD along with the results of all other medical tests.

 

879.45             The LPD shall review the Medical Survey Form of each candidate and shall ensure that all reasons for medical disqualification are clearly indicated and recorded on that form.

 

879.46             Those candidates who were medically disqualified by the Board of Police and Fire Surgeons shall be given the reason for their medical disqualification in writing by the LPD within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, of such decision.

 

879.47             Candidates shall also be advised by the LPD that they may submit, within fifteen (15) days from the date of the letter informing them of their medical disqualification, a written request to the LPD to refer the case to the Board of Police and Fire Surgeons for reconsideration. The results of this reconsideration shall be the final determination of that Board. 

 

879.48             The LPD shall inform candidates in writing within five (5) days, exclusive of Saturdays, Sundays, and legal holidays, of the results of the final medical determination under Subsection 879.47 of this section and of their right of appeal to the Chief.  The candidate may then appeal to the Chief in accordance with the requirements of Subsections 879.27 through 879.29 of this section.

 

879.49             The Chief's determination regarding an appeal submitted under Subsections 879.48 of this section shall be considered as the final agency decision on an employee grievance.

 

879.50             The candidate may appeal the Chief's decision either to the Office of Employee Appeals, or in the manner specified in an Agreement with a labor organization, as appropriate under such agreement, and shall be informed of such rights in the issuance of the Chief's final decision.

 

879.51             The names of candidates who failed to report for the medical examination shall be coded “E” in the “Disposition” column of the register.  The names of candidates who failed to complete the medical examination shall be coded “F.”  The names of candidates deemed to be unsuitable on the basis of the medical examination shall be coded “G.”  These candidates shall retain their rank-ordered standing on the register, and as further promotions are to be made, their names shall be submitted for consideration by the next Board to be convened.

 

879.52             Candidates whose effective date of promotion exceeds a reasonable period of time as determined by the LPD (approximately 120 days) from the date of the medical examination may be subject to re-examination by the Board of Police and Fire Surgeons.

 

879.53             At any time during the selection process, the Director of the DCHR may request the Chief to review the findings of the Promotion Board in regard to the qualifications of a candidate. Such review and any resultant appeal by the candidate shall be conducted in accordance with Subsections 879.26 through 879.29 of this section and Subsections 879.46 through 879.50 of this section.

 

879.54             The Chief shall contact each selectee in writing to tender an offer of promotion, inform the selectee as to where and when to report for promotion, and indicate the procedures for declining the appointment.

 

879.55             The names of candidates who have been appointed shall be coded “H” in the “Disposition” column of the register.

 

879.56             The names of candidates who have declined appointment shall be coded "I" in the "Disposition" column of the register.  These candidates shall not be permitted further consideration for positions filled from this register.

 

879.57             The LPD shall document the disposition of each candidate on the register prior to the return of the register to the DCHR.  The LPD shall also provide such documentation to the DCHR.

 

879.58             The DCHR shall prepare all candidate appointment forms for those candidates who have accepted offers of appointment and shall secure the necessary signatures, as specified on the forms.

 

879.59             Successive registers shall be established at 12:01 a.m. on October 16 of the even-numbered years.  However, the period of eligibility under any special examination shall expire when the next regularly qualifying list becomes effective.

 

879.60             The LPD shall return the register of eligibles to the DCHR before a subsequent register is transmitted to the LPD.

 

879.61             Promotional files are to be retained by the Department for a minimum of three (3) years before being retired to the appropriate records center.

 

879.62             To the extent that any provision of these regulations, other than Subsection 876.2 of this section, conflicts with any provision of a contract with a labor organization, the provision of the contract shall prevail.

 

A new Section 880 “Retirement/Resignation of Members While Under Disciplinary Investigation” is being added as follows: 

 

880                  RETIREMENT/RESIGNATION OF MEMBERS WHILE UNDER DISCIPLINARY INVESTIGATION

 

880.1               A member who decides to resign from the MPD shall submit a written notification through his or her chain of command to the Chief of Police at least thirty (30) days from the date he or she wishes to resign.

 

880.2               The notification shall include:

 

         (a)        The member’s name;

 

         (b)        Appointment date;

 

         (c)        Forwarding address;

 

         (d)        Social security number;

 

         (e)        Date of separation;

 

         (f)        Reason for resignation;

 

         (g)        If accepting another position with the District of Columbia or federal Government, the name and address of the agency; and

 

         (h)        If desired, a request for waiver of the thirty (30) days notification period.

 

880.3               A member who decides to voluntarily retire from the MPD shall submit a request for optional retirement, Police Department Form 292, through his or her chain of command to the Chief of Police at least sixty (60) days from the date he or she wishes to retire.

 

880.4               Upon receipt of the notification of resignation or request for optional retirement, the Commanding Officer shall:

 

         (a)        Determine whether the member is being investigated for serious misconduct by officials within the command;

 

         (b)        Determine whether the OPR is currently investigating the member for allegations of serious misconduct;

 

         (c)        Determine whether actions alleging serious misconduct are pending against the member in DDRO; and

 

(d)        Forward the notification of resignation, or, request for optional retirement to the Office of the Chief of Police with a notation as to whether disciplinary actions are pending against the member.

 

880.5               Upon receipt of a notification of resignation, or, request for optional retirement that includes a notation that the member is being investigated for serious misconduct, the Chief of Police shall:

 

(a)        Deny the request for waiver of the thirty (30) day notification requirement (for members seeking to resign) or sixty (60) day notification requirement (for members seeking to retire);

 

(b)        Order the expedited completion of the investigation;

 

(c)        Inform the member that he or she is under investigation for allegations of serious misconduct and that the final accounting of the member's salary and annual leave balance is conditional upon final resolution of the investigation; and

 

(d)        Inform MPD’s Director of Human Services and MPD’s Chief Financial Officer that the member’s resignation or retirement is conditional and that the final accounting with respect to the member’s salary and annual leave balances are to be held in abeyance pending resolution of the disciplinary investigation.

 

880.6               Investigations against members for allegations of serious misconduct shall be completed within twenty-five (25) days from the effective date of the member's resignation or retirement.

 

880.7               Upon completion of the investigation, if the allegations of serious misconduct are sustained and if the member would have been suspended as a penalty for the misconduct, the Director of DDRO shall assess the member a fine in lieu of suspension in accordance with the schedule established in General Order 201.15 “Retirement Program.”  Such fine shall not be less than $100 nor greater than $5,000.

 

880.8               If the sustained allegations would have resulted in the member being terminated from MPD as a result of the misconduct, the Director of DDRO shall assess the member a fine in lieu of suspension in accordance with the schedule established in General Order 201.15 “Retirement Program.”  Such fine shall not be less than $1,000 nor greater than $5,000.

 

880.9               The Director of DDRO shall assess the penalties for sustained allegations of serious misconduct in accordance with the penalty guidelines set forth in MPD General Order 1202.1 “Disciplinary Procedures and Processes.” 

 

880.10             The member against whom a penalty has been assessed shall be afforded all rights to which he or she is entitled under federal and District of Columbia law and regulations, police regulations, and any applicable labor agreement as if they were still an employee of MPD.

 

880.11             If the allegations of misconduct are not sustained, or the investigation is not completed within twenty-five (25) days from the effective date of the member's resignation or retirement, the matter shall be deemed as closed and the final payments due to the member released.

 

880.12             If the allegation of the misconduct has been sustained but there were no funds available from the member's salary or leave, or both salary and leave balances to assess the penalty, the Chief of Police at his discretion may authorize the collection of the debt through a request to the Office of the Attorney General for enforcement action.

 

880.13             The following terms shall have the meaning ascribed in this section:

 

“Conditional Retirement” - The retirement of a member from MPD while under disciplinary investigation for serious misconduct.

 

“Disciplinary Investigation” - Any official investigation by MPD, including the Office of Internal Affairs, of allegations of serious misconduct by any member of MPD.

 

“DDRO” – MPD’s Office of Disciplinary Review.

 

“Member” - Sworn employees of MPD.

 

“MPD” - The Metropolitan Police Department.

 

“OPR” - MPD's Office of Professional Responsibility.

 

“Resignation” - The voluntary separation of a member from MPD before the member’s pension rights have accrued or vested.

 

“Retirement” - The voluntary separation of a member from MPD after the member’s pension rights, retirement pay, or other benefits have accrued and vested as provided by federal or District of Columbia law or regulation.

 

“Serious Misconduct” - Any felony violation of federal, local or District of Columbia law, making of a false statement under oath, falsification of official records or reports, unnecessary force, comprising a felony or assisting a person to escape investigation or prosecution, use of illegal or controlled substances, or other violations as determined by the Chief of Police by general order.

 

 

Comments on these proposed regulations should be submitted, in writing, within thirty (30) days of the date of the publication of this notice to Justin Zimmerman, Associate Director, D.C. Department of Human Resources, 441 4^th Street, N.W., Suite 330 South, Washington, D.C. 20001, or via email at [e-mail].  Persons with questions regarding the proposed rulemaking should call [phone]. Additional copies of these proposed rules are available from the above address.