DC Code § 5-1031 (2021)
2021 District of Columbia Code|Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences|Chapter 10A - Police and Firefighters Disciplinary Action Procedures|Subchapter I - General|§ 5-1031. Commencement of corrective or adverse action

 *NOTE: This section includes amendments by temporary legislation that will expire on April 16, 2022. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*  (a) Except as provided in subsection (b) of this section, no corrective or adverse action against any sworn member or civilian employee of the Fire and Emergency Medical Services Department shall be commenced more than 90 days, not including Saturdays, Sundays, or legal holidays, after the date that the Fire and Emergency Medical Services Department knew or should have known of the act or occurrence allegedly constituting cause. (a-1)(1) Except as provided in paragraph (1A) of this subsection and subsection (b) of this section, no corrective or adverse action against any sworn member or civilian employee of the Metropolitan Police Department shall be commenced more than 90 days, not including Saturdays, Sundays, or legal holidays, after the date that the Metropolitan Police Department had notice of the act or occurrence allegedly constituting cause. (1A) If the act or occurrence allegedly constituting cause involves the serious use of force or indicates potential criminal conduct by a sworn member or civilian employee of the Metropolitan Police Department, the period for commencing a corrective or adverse action under this subsection shall be 180 days, not including Saturdays, Sundays, or legal holidays, after the date that the Metropolitan Police Department had notice of the act or occurrence allegedly constituting cause. (2) For the purposes of paragraphs (1) and (1A) of this subsection, the Metropolitan Police Department has notice of the act or occurrence allegedly constituting cause on the date that the Metropolitan Police Department generates an internal investigation system tracking number for the act or occurrence. (b) If the act or occurrence allegedly constituting cause is the subject of a criminal investigation by the Metropolitan Police Department or any law enforcement agency with jurisdiction within the United States, the Office of the United States Attorney for the District of Columbia, or the Office of the Attorney General, or is the subject of an investigation by the Office of the Inspector General, the Office of the District of Columbia Auditor, or the Office of Police Complaints, the 90-day or 180-day period, as applicable, for commencing a corrective or adverse action under subsection (a) or (a-1) of this section shall be tolled until the conclusion of the investigation.  (Sept. 30, 2004, D.C. Law 15-194, § 502, 51 DCR 9406; Mar. 7, 2015, D.C. Law 20-173, § 101, 61 DCR 12582; Sept. 3, 2021, D.C. Law 24-23, § 117, 68 DCR 005837.)  Effect of Amendments The 2015 amendment by D.C. Law 20-173 deleted “or the Metropolitan Police Department” following “Medical Services Department” twice in (a); added (a-1); and rewrote (b). Emergency Legislation  For temporary (90 days) amendment of this section, see § 117 of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-128, July 29, 2021, 68 DCR 007656).   For temporary (90 days) amendment of this section, see § 117 of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-76, May 3, 2021, 68 DCR 004935).   For temporary (90 days) amendment of this section, see § 117 of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-437, Oct. 28, 2020, 67 DCR 12993).   For temporary (90 days) amendment of this section, see § 117 of Comprehensive Policing and Justice Reform Second Emergency Amendment Act of 2020 (D.C. Act 23-336, July 22, 2020, 67 DCR 9148).  For temporary (90 days) amendment of this section, see § 101 of the Metropolitan Police Department Commencement of Discipline and Command Staff Appointment Emergency Amendment Act of 2014 (D.C. Act 20-524, Dec. 18, 2014, 61 DCR 13112, 20 STAT 4438). Temporary Legislation  For temporary (225 days) amendment of this section, see § 117 of Comprehensive Policing and Justice Reform Temporary Amendment Act of 2021 (D.C. Law 24-23, Sept. 3, 2021, 68 DCR 005837).   For temporary (225 days) amendment of this section, see § 117 of Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020 (D.C. Law 23-151, Dec. 3, 2020, 67 DCR 9920).