873.1In 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) 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.(h) 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.873.2To be considered as a candidate for the position of Police Officer, an applicant shall:
(a) Possess a high school diploma or a general equivalency diploma (G.E.D.);(b) Possess a valid driver's license; and(c) Pass any job-related aptitude or ability test as prescribed by the MPD;(d) Be at least twenty-one (21) years of age.873.3The 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.873.4Following establishment of a register, each candidate shall be required to pass a medical examination, a truth verification test, and a background investigation in order to be offered a probationary appointment.
873.5Once the candidate has passed the preliminary screening, the Human Resource Bureau 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.
873.6If 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;(c) Undergo a medical examination;(d) Be fingerprinted and photographed by the MPD; and,(e) Submit a birth certificate, or notarized copy thereof, and such other forms as the MPD may require.873.7Each candidate shall undergo medical testing conducted at MPD 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.
873.8Medical 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.
873.9The Medical Director of the Police and Fire Clinic shall make the medical determination of suitability for each candidate.
873.10If 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 § 873.15.
873.11A 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 negligent collisions;(2) Suspension for moving violations;(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;(i) Is on parole or probation for any criminal offense, or is pending final disposition on a criminal charge;(j) Been discharged from civilian employment two (2) or more time within five (5) years prior to application due to disciplinary action;(k) 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;(l) Is receiving a disability retirement allowance from any law enforcement agency;(m) Knowingly made any false statement or falsified any document concerning any matter;(n) 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;(o) Refused to submit to a truth verification test as part of the pre-employment process; or(p) Demonstrated a history of personality and/or mental disorders as determined by the MPD 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.873.12A candidate may be ineligible to become a police officer if the candidate has done any 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 § 873.11 above;(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 MPD 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) Subjected to 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 in the following areas: as a defendant resulting from several motor vehicle accidents, as a defendant in cases involving civil rights or human rights violations, or as a plaintiff in unresolved workers' compensation cases;(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 the District Personnel Manual.873.13Appointments shall be tendered at the conclusion of the selection process, by the Human Resources Bureau Officer or Designee.
873.14Candidates who are disqualified for the position of police officer shall receive written notification by the Human Resources Bureau Officer or Designee.
873.15Candidates 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.
873.20Consistent 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.
873.21The 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.
873.22Candidates who receive conditional offers of appointment pursuant to § 873.21 may be entitled to receive compensation commensurate with their experience and expertise.
873.23Such additional compensation shall be granted at the discretion of the Chief of Police.
873.24The Chief of Police may consider but not be limited by the following factors in determining whether or not additional compensation shall be granted:
(a) Completion of two (2) to four (4) years of undergraduate collegiate coursework; or(b) Completion of an undergraduate degree program from an accredited university or college; or(c) Service with another law enforcement agency subject, but not limited to, the following restrictions: (1) The law enforcement agency served a metropolitan area with a populace comparable to that of the District of Columbia.(2) 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 Capitol Hill Police, the Federal Bureau of Investigation, the Drug Enforcement Agency, or the Federal Protective Service.873.25Employees hired under § 873.21 shall be paid in accordance with existing wage/grade policies and or negotiated contracts where applicable.
D.C. Mun. Regs. tit. 6, r. 6-B873
Final Rulemaking published at 56 DCR 2571 (April 3, 2009)Authority: The Director, D.C. Department of Human Resources, and the Chief, Metropolitan Police Department, with the concurrence of the City Administrator, pursuant to Mayor's Order 2008-92, dated June 26, 2008; in accordance with the provisions of section 801(a) 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(a)) (2008 Supp.)