A member who decides to resign from the department 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.
The notification shall include:
A member who decides to voluntarily retire from the department 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.
Upon receipt of the notification of resignation or request for optional retirement, the Commanding Officer shall:
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:
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.
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.
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.
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."
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.
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.
If the allegation of the misconduct has been sustained but there were no funds available from the member's salary and/or 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 Corporation Counsel for enforcement action.
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.
D.C. Mun. Regs. tit. 6, r. 6-B877