D.C. Mun. Regs. tit. 6, r. 6-A2104

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-A2104 - JURISDICTION

2104.1

OPC shall have the authority to receive a complaint against a member or members of the MPD or DCHAPD (herein jointly referred to as "subject officers") that alleges abuse or misuse of police powers by such member or members, including:

(a) Harassment;

(b) Use of unnecessary or excessive force;

(c) Use of language or conduct that is insulting, demeaning or humiliating;

(d) Discriminatory treatment based upon a person's race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, physical handicap, matriculation, political affiliation, source of income, or place of residence or business;

(e) Retaliation against a person for filing a complaint pursuant to the Act; or

(f) Failure to wear or display required identification or to identify oneself by name and badge number when requested to do so by a member of the public.

2104.2

OPC shall have the sole authority to dismiss, conciliate, mediate, adjudicate, or refer for further action to MPD or DCHAPD a complaint received under § 2104.1.

2104.3

Complaints that allege misconduct that is not within the authority of OPC to review shall be referred to the Police Chief for further processing by the MPD or DCHAPD, as appropriate.

2104.4

OPC shall have authority to audit citizen complaints referred to the MPD or the DCHAPD for further action.

2104.5

OPC, under the authority of the Executive Director, and as provided by D.C. Official Code §§ 5-1104 (d-2)(1) and (d-2)(2), shall review, with respect to the MPD:

(a) The number, type, and disposition of complaints received, investigated, sustained, or otherwise resolved;

(b) The race, national origin, gender, and age of the complainant and the subject officer or officers;

(c) The proposed discipline and the actual discipline imposed on a police officer as a result of any sustained complaint;

(d) All use of force incidents, serious use of force incidents, and serious physical injury incidents as defined in MPD General Order 907.07; and

(e) Any in-custody death.

D.C. Mun. Regs. tit. 6, r. 6-A2104

Final Rulemaking published at 49 DCR 8347 (August 30, 2002); amended by Final Rulemaking published at 64 DCR 12677 (12/15/2017)