2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 1 - Metropolitan Police › Subchapter VII - Records › Part A - General — Metropolitan Police Department › § 5–113.01. Records required to be maintained; budget and staffing transparency

§ 5–113.01. Records required to be maintained; budget and staffing transparency.
*NOTE: This section includes amendments by emergency legislation that will expire on March 20, 2024. 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) The Mayor of the District of Columbia shall cause the Metropolitan Police force to keep the following records:
(1) General complaint files, in which shall be entered every complaint preferred upon personal knowledge of the circumstances thereof, with the name and residence of the complainant;
(2) Records of lost, missing, or stolen property;
(3) A personnel record of each member of the Metropolitan Police force, which shall contain his name and residence; the date and place of his birth; his marital status; the date he became a citizen, if foreign born; his age; his former occupation; and the dates of his appointment and separation from office, together with the cause of the latter;
(4) Arrest books, which shall contain the following information:
(A) Case number, date of arrest, and time of recording arrest in arrest book;
(B) Name, address, date of birth, color, birthplace, occupation, and marital status of person arrested;
(C) Offense with which person arrested was charged and place where person was arrested;
(D) Name and address of complainant;
(E) Name of arresting officer; and
(F) Disposition of case;
(4A) The Metropolitan Police force shall maintain a computerized record of a civil protection order or bench warrant issued as a result of an intrafamily offense;
(4B) Records of stops, including:
(A) The date, location, and time of the stop;
(A-i) The bureau, division, unit, and if applicable, police service area, of the officer who conducted the stop, at the time it was conducted;
(B) The approximate duration of the stop;
(C) The traffic violation or violations alleged to have been committed that led to the stop;
(D) Whether a search was conducted as a result of the stop;
(E) If a search was conducted:
(i) The reason for the search;
(ii) Whether the search was consensual or nonconsensual;
(iii) Whether a person was searched, and whether a person’s property was searched; and
(iv) Whether any contraband or other property was seized in the course of the search;
(F) Whether a warning, safety equipment repair order, or citation was issued as a result of a stop and the basis for issuing such warning, order, or citation;
(G) Whether an arrest was made as a result of either the stop or the search;
(H) If an arrest was made, the crime charged;
(I) The perceived gender of the person stopped;
(J) The perceived race or ethnicity of the person stopped; and
(K) The date of birth of the person stopped;
(4C) Use of force incidents, including:
(A) The total number of use of force incidents and the type of force used;
(B) The total number of officers involved in each use of force incident;
(C) The total number of persons involved in each use of force incident;
(D) The number of civilian complaints filed with the Metropolitan Police Department for excessive use of force, by police district, and the outcome of each complaint, including disciplinary actions;
(E) If an arrest was made, the crime charged;
(F) The gender, race, age, and ethnicity of each person involved in a use of force incident; and
(G) The gender, race, age, and ethnicity of any officer involved in a use force incident;
(4D) For the purposes of this section, the terms "contact", "frisk", and "stop" shall have the meanings ascribed in Metropolitan Police Department General Order 304.10;
(4E) The following information, disaggregated by school, except in cases where disaggregation could reveal a student's identity:
(A) The number of times a law enforcement officer was dispatched to, or requested by, a school;
(B) The incident or arrest classification;
(C) The number of school-related arrests, as that term is defined in § 38-236.01(17), involving an officer;
(D) The type and count of weapons or controlled substances recovered from any school-related event, whether or not an arrest occurred; and
(E) Demographic data for any student and law enforcement officer involved in a stop or school-based arrest, including:
(i) Race and ethnicity;
(ii) Gender; and
(iii) Age; and
(5) Such other records as the Council of the District of Columbia considers necessary for the efficient operation of the Metropolitan Police force.
(a-1) The records maintained pursuant to subsection (a)(4B) and (4C) of this section shall be published on the Metropolitan Police Department's website biannually.
(b) The Metropolitan Police force shall cooperate with the Criminal Justice Coordinating Council by sharing records to the extent otherwise permissible under the law for the purpose of preparing the report described in § 22-4234(b-3).
(c) The Metropolitan Police Department ("MPD") shall publish the following information on its website:
(1) Monthly, for the prior 5 fiscal years and the current fiscal year, to date, by month:
(A) A staffing report of the number of sworn officers and civilian employees employed by MPD, by bureau, division, unit, and, if applicable, police service area and rank, with a crosswalk to compare actual staffing to funded and unfunded full-time equivalents in that bureau, division, unit, and if applicable, police service area and rank;
(B) The number of employees that:
(i) Separated from MPD, by type of separation, broken down by civilian employees, cadets, cadet conversion recruits, non-cadet conversion recruits, officers, and senior police officers; and
(ii) Were hired by MPD, broken down by civilian employees, cadets, cadet conversion recruits, non-cadet conversion recruits, officers, and senior police officers; and
(C) Copies of the overtime pay spending reports submitted to the Council as described in subsection (d) of this section.
(1A) Biannually, aggregated data collected in accordance with subsection (a)(4E) of this section;
(1B) Quarterly, the case closure rates for:
(A) Violent crimes, by offense, committed with or without the use of a weapon; and
(B) Non-fatal shootings.
(2) Annually:
(A) A listing of all full-time equivalents at MPD, in spreadsheet format, that includes the following fields for each full-time equivalent:
(i) Position number;
(ii) Position title;
(iii) Whether the position is funded or unfunded;
(iv) Whether the position is filled or vacant;
(v) Program;
(vi) Activity;
(vii) Salary; and
(viii) Fringe benefits; and
(B) A report on MPD's overtime spending, which shall include the amount spent fiscal year-to-date, by month, on overtime pay and a description of the staffing plan and conditions justifying the overtime pay; and
(3) Annually, by the date the annual MPD budget is proposed by the Mayor and transmitted to the Council:
(A) The approved, revised, and actual MPD budgets for the prior 5 fiscal years and the current fiscal year, the expenditures for those years, and the proposed MPD budget for the next fiscal year, in spread-sheet format, broken down, at a minimum, by program, activity, comptroller source group, fund source, and service level; and
(B) For the proposed MPD budget for the next fiscal year:
(i) The total proposed budget for hiring personnel;
(ii) The gross and net number of personnel MPD anticipates the proposed budget will allow it to hire, broken down by civilian employees, cadets, cadet conversion recruits, non-cadet conversion recruits, officers, and senior police officers; and
(iii) A crosswalk identifying any proposed actual or paper changes to MPD's internal organization, including its various bureaus, and a narrative rationale for the change.
(d) MPD shall provide a written report every 2 pay periods on MPD's overtime pay spending to the Council that describes the amount spent year-to-date on overtime pay and the staffing plan and conditions justifying the overtime pay.
(R.S., D.C., § 386; June 11, 1878, 20 Stat. 107, ch. 180, § 6; June 29, 1953, 67 Stat. 99, ch. 159, title III, § 301(a); Aug. 20, 1954, 68 Stat. 755, ch. 778, § 1; Apr. 30, 1991, D.C. Law 8-261, § 4, 37 DCR 5001; June 30, 2016, D.C. Law 21-125, § 209, 63 DCR 4659; Apr. 4, 2017, D.C. Law 21-238, § 303, 63 DCR 15312; Sept. 21, 2022, D.C. Law 24-167, § 3072, 69 DCR 009223; Apr. 21, 2023, D.C. Law 24-345, §§ 130, 132, 70 DCR 7904; Dec. 21, 2023, D.C. Act 25-339, § 9, 70 DCR 16594.)
Prior Codifications
1981 Ed., § 4-131.
1973 Ed., § 4-134.
Section References
This section is referenced in § 5-113.02, § 5-113.06, and § 7-1706.
Cross References
Environmental controls, smoking restrictions, fines and penalties, see § 7-1706.
Applicability
Section 3073 of D.C. Law 24-167 provides that the amendments made to subsection (a)(4B) of this section by section 3072(b) of D.C. Law 24-167 shall apply as of April 1, 2023.
Section 7026 of D.C. Law 22-33 amended § 701(a) of D.C. Law 21-238, removing the applicability restriction impacting this section. Therefore the changes made to this section by D.C. Law 21-238 have been implemented.
Section 7014 of D.C. Law 22-33 repealed § 901 of D.C. Law 21-125. Therefore the changes made to this section by D.C. Law 21-125 have been implemented.
Applicability of D.C. Law 21-238: § 701 of D.C. Law 21-238 provided that the change made to this section by § 303 of D.C. Law 21-238 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Section 3102(b) of D.C. Law 21-160 amended section 901(a) of D.C. Law 21-125, removing the subject to funding requirement. Therefore the changes made to this section by D.C. Law 21-125 have been given effect.
Applicability of D.C. Law 21-125: § 901 of D.C. Law 21-125 provided that the change made to this section by § 209 of D.C. Law 21-125 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 9 of Prioritizing Public Safety Second Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-339, Dec. 21, 2023, 70 DCR 16594).
For temporary (90 days) amendment of this section, see § 8 of Prioritizing Public Safety Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-257, Oct. 16, 2023, 70 DCR 13849).
For temporary (90 days) amendment of this section, see § 9 of Prioritizing Public Safety Emergency Amendment Act of 2023 (D.C. Act 25-175, July 20, 2023, 70 DCR 10358).
For temporary (90 days) amendment of this section, see § 3072 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 901 of D.C. Law 21-125, see § 7014 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
For temporary (90 days) repeal of § 901 of D.C. Law 21-125, see § 7014 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(98) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.