reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter III - Miscellaneous Provisions › § 5–741. Payment and deposit of moneys

§ 5–741. Payment and deposit of moneys.
Commencing with July 1, 1935, and thereafter, all moneys on June 14, 1935, required to be deposited to the credit of the Policemen and Firemen’s Relief Fund, District of Columbia, under § 5-706(a), shall be paid to the Collector of Taxes of the District of Columbia and deposited in the Treasury to the credit of the revenues of said District, except that all moneys required to be deposited with respect to officers and members of the Metropolitan Police force or the Fire Department of the District of Columbia shall be paid to the Custodian of Retirement Funds (as defined in § 1-702(6)) for deposit in the District of Columbia Police Officers and Fire Fighters’ Retirement Fund established by § 1-712.
(June 14, 1935, 49 Stat. 358, ch. 241, § 1; Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 122(b)(2).)
Prior Codifications
1981 Ed., § 4-601.
1973 Ed., § 4-502.
Section References
This section is referenced in § 1-712 and § 1-903.01.
Cross References
District of Columbia police officers and firefighters retirement fund, see § 1-712.
Merit system, application to police officers and firefighters, see § 1-632.03.
Retirement fund for police officers and fire fighters, see § 1-903.01.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter III - Miscellaneous Provisions › § 5–742. Credit for active service in military or naval forces

§ 5–742. Credit for active service in military or naval forces.
In determining eligibility for the amount of benefits from the Policemen and Firemen’s Relief Fund, District of Columbia, or the District of Columbia Police Officers and Fire Fighters’ Retirement Fund (established by § 1-712), each member of the Metropolitan Police Department of the District of Columbia, the United States Park Police force, the United States Secret Service Uniformed Division, the Fire Department of the District of Columbia, and each member of the United States Secret Service who has actively performed duties other than clerical for 10 years or more directly related to the protection of the President, who shall have left active employment in any such Department, force, or Service to perform active service in the military or naval forces of the United States, shall be credited with all periods of honorable active military or naval service performed on or after September 16, 1940, and prior to the termination of the war as declared by Presidential proclamation or concurrent resolution of the Congress.
(July 21, 1947, 61 Stat. 398, ch. 272; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179; Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 122(b)(3).)
Prior Codifications
1981 Ed., § 4-602.
1973 Ed., § 4-504a.
Editor's Notes
Coverage Under Federal Employees’ Retirement Act: Officers and members of the United States Park Police, United States Secret Service Uniformed Division, and United States Secret Service Division hired on or after January 1, 1984, are covered by the Federal Employees’ Retirement System Act, not the District of Columbia Retirement System, unless exempt from coverage of such Act. See 5 U.S.C. §§ 8401(17)(B) and 8402.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter III - Miscellaneous Provisions › § 5–743. Board to determine amount of pension relief

§ 5–743. Board to determine amount of pension relief.
The District of Columbia Retirement Board is hereby empowered to determine and fix the amount of the pension relief allowance heretofore and hereafter granted to any person under and in accordance with the provisions of subchapter I of this chapter.
(July 1, 1930, 46 Stat. 841, ch. 783, § 6; Apr. 13, 2005, D.C. Law 15-354, § 14, 52 DCR 2638.)
Prior Codifications
1981 Ed., § 4-603.
1973 Ed., § 4-505.
Section References
This section is referenced in § 5-745.
Effect of Amendments
D.C. Law 15-354 substituted “District of Columbia Retirement Board” for “Mayor”.
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 401 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 a single Commissioner. 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.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter III - Miscellaneous Provisions › § 5–746. Computation of pension of certain retired officers

§ 5–746. Computation of pension of certain retired officers.
In computing the pension relief allowance or retirement compensation of any such individual retired before July 1, 1953, as Major and Superintendent of Police, Assistant Superintendent of Police, Chief Engineer of the Fire Department, Deputy Chief Engineer of the Fire Department, or Battalion Chief Engineer of the Fire Department of the District of Columbia, such person shall, for the purposes of this act, be deemed to have retired as Chief of Police, Deputy Chief of Police, Fire Chief, Deputy Fire Chief, or Battalion Fire Chief, respectively.
(June 20, 1953, 67 Stat. 75, ch. 143, title III, § 302.)
Prior Codifications
1981 Ed., § 4-606.
1973 Ed., § 4-519.
References in Text
“This act,” referred to in this section, means the Act of June 20, 1953, 67 Stat. 75, ch. 143.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter III - Miscellaneous Provisions › § 5–747. Rights and relief of widows and children of deceased former members

§ 5–747. Rights and relief of widows and children of deceased former members.
(a) Each widow or child who, on or after September 1, 1962, was receiving or is now receiving or shall hereafter be entitled to receive relief or annuity by reason of service in the Metropolitan Police force, the Fire Department of the District of Columbia, the United States Park Police force, the United States Secret Service Uniformed Division, or the United States Secret Service Division, of a deceased former officer or member who died in the service of any such organization prior to October 1, 1956, or who retired prior to such effective date, shall be entitled to benefits computed in accordance with the provisions of § 5-716.
(b) Nothing in this section shall be deemed to reduce the relief or retirement compensation any person receives, or is entitled to receive, on August 24, 1962.
(Aug. 24, 1962, 76 Stat. 402, Pub. L. 87-601, §§ 1, 2; Nov. 15, 1977, 91 Stat. 1371, Pub. L. 95-179.)
Prior Codifications
1981 Ed., § 4-634.
1973 Ed., § 4-539.
Emergency Legislation
For temporary establishment of a District of Columbia Police Officers’ and Firefighters’ Defined Benefit Pension Program, see title I, § 101-509 of the Police Officers’, Firefighters’ and Teachers’ Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 43 DCR 4637).
For temporary addition of section, see title III, § 103 of the Police Officers’, Firefighters’ and Teachers’ Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 43 DCR 4637).
Section 5 of D.C. Law 11-218 repealed D.C. Act 11-369.
For temporary repeal of the Police Officers’, Fire Fighters’, and Teachers’ Defined Benefit Pension Program Emergency Establishment Act of 1996 (D.C. Act 11-369, August 21, 1996, 41 DCR 4637), see § 5 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Emergency Amendment Act of 1996 (D.C. Act 11-428, October 29, 1996, 43 DCR 6147), and § 5 of the New Hires Police Officers, Fire Fighters, and Teachers Pension Modification Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-10, March 3, 1997, 44 DCR 1633).
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 7 - Police and Firefighters Retirement and Disability › Subchapter IV - Officer Redeployment › § 5–762. Retired police officer deployment as public school security personnel

§ 5–762. Retired police officer deployment as public school security personnel.
(a)(1) Except for disability annuitants, police officers retired from the Metropolitan Police force shall be eligible for rehire at the discretion of the Superintendent of the D.C. Public Schools as security personnel of the D.C. Public Schools without jeopardy to the retirement benefits of the police officers.
(2) Service pursuant to this section shall not count as creditable service for the purpose of § 5-704.
(3) A retired police officer who is rehired under this section shall be paid a salary of no more than that equal to the salary paid a Class 1, Step 1 Officer within the Metropolitan Police Department and shall not be eligible for longevity pay.
(4) A retired police officer who is rehired pursuant to this section shall be vested with the powers of a Special Police Officer with the Uniform Waivers pursuant to § 5-129.02, not including the authority to carry a firearm.
(b) All costs associated with the hiring of retired police officers as school security guards shall be absorbed within the D.C. Public Schools budget.
(c) A retired police officer who is rehired pursuant to this section and is vested with the powers of a Special Police Officer would be subject to the requirements of 6A DCMR, Chapter 11, which governs Special Police.
(July 23, 1994, D.C. Law 10-136, § 2, 41 DCR 3006; May 16, 1995, D.C. Law 10-255, § 48, 41 DCR 5193.)
Prior Codifications
1981 Ed., § 4-618.2.
Temporary Legislation
For temporary (225 day) addition of section, see § 2 of Retired Police Officer Public Schools Security Personnel Deployment Temporary Amendment Act of 1993 (D.C. Law 10-5, July 31, 1993, law notification 40 DCR 5629).
Editor's Notes
Application of Law 10-136: Section 6(b) of D.C. Law 10-136 provided that the act shall apply as of March 6, 1994.
Board to install metal detectors: Section 4 of D.C. Law 10-5 provided that “to the extent possible, the Board of Education shall install metal detectors in junior and senior high schools in accordance with the Board’s commitment in the fiscal year 1992 budget process.”
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 8 - Police Retirement While Under Disciplinary Investigation › § 5–801. Definitions

§ 5–801. Definitions.
For the purposes of this chapter:
(1) “Conditional Retirement” means that a member has retired from the Metropolitan Police Department while under disciplinary investigation for serious misconduct.
(2) “Disciplinary Investigation” means any official investigation by the Metropolitan Police Department, including the Office of Internal Affairs, of allegations of serious misconduct by any member of the Metropolitan Police Department.
(3) “Resignation” means the voluntary separation of a member from the Metropolitan Police Department before the member’s pension rights have accrued and vested.
(4) “Retirement” means the voluntary separation of a member from the Metropolitan Police Department 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.
(5) “Serious Misconduct” means 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 controlled substances, or other violations as determined by the Chief of Police by general order.
(Oct. 4, 2000, D.C. Law 13-160, § 502, 47 DCR 4619.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 8 - Police Retirement While Under Disciplinary Investigation › § 5–802. Completion of disciplinary investigations

§ 5–802. Completion of disciplinary investigations.
The Metropolitan Police Department shall complete a disciplinary investigation, including issuing findings pursuant to the general orders, of a member regardless of whether that member resigns or retires while under investigation.
(Oct. 4, 2000, D.C. Law 13-160, § 503, 47 DCR 4619.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 8 - Police Retirement While Under Disciplinary Investigation › § 5–803. Conditional retirement

§ 5–803. Conditional retirement.
(a) If a member of the Metropolitan Police Department retires or resigns while under disciplinary investigation, that member shall be deemed to be in conditional retirement until the disciplinary investigation is completed and factual findings are made.
(b) A member who is in conditional retirement shall not be paid a pension or receive other accrued benefits of any kind, including salary, compensatory time, or accrued leave, during the pendency of the disciplinary investigation into his alleged misconduct.
(c) The Metropolitan Police Department shall complete the disciplinary investigation of any member in conditional retirement within 25 days from the date that the member retired or resigned. If the Metropolitan Police Department has not completed the investigation 25 days from the date of retirement or resignation, the matter shall be deemed to be closed and the allegations of misconduct not sustained.
(d) If, at any time during a member’s conditional retirement, the Metropolitan Police Department finds that the allegations of serious misconduct are not sustained or are unfounded, the matter shall be deemed to be closed and the member’s pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned from the Metropolitan Police Department.
(e) If the Metropolitan Police Department sustains the allegations of serious misconduct, the disciplinary process shall proceed as if the member in conditional retirement continued to be a member of the Metropolitan Police Department. The member shall be accorded all rights to which he is entitled under federal and District of Columbia law and regulations, police regulations, and any applicable labor agreement.
(f) If the Metropolitan Police Department ultimately determines that a member in conditional retirement should be subjected to discipline as provided by law and regulation, the member shall be subject to penalties in lieu of discipline as provided in § 5-804.
(g) A member who retires or resigns from the Metropolitan Police Department without knowing that he or she was under disciplinary investigation for serious misconduct shall not be deemed to be in conditional retirement, but shall instead be provided the opportunity to continue employment with the Metropolitan Police Department during the pendency of the disciplinary investigation. Should the member decide to retire or resign after he or she has been informed of the disciplinary investigation, he or she shall be deemed to be in conditional retirement as provided in this section.
(Oct. 4, 2000, D.C. Law 13-160, § 504, 47 DCR 4619.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 8 - Police Retirement While Under Disciplinary Investigation › § 5–804. Penalties in lieu of discipline for members in conditional retirement

§ 5–804. Penalties in lieu of discipline for members in conditional retirement.
(a) The Metropolitan Police Department shall set the level of discipline for a member in conditional retirement as if he or she continued to be a member of the Metropolitan Police Department.
(b) A member in conditional retirement who would have received suspension as discipline had he or she remained a member of the Metropolitan Police Department, shall be assessed a penalty of not less than $100 and not greater than $5,000, depending on the length of suspension.
(c) If a member in conditional retirement would have been terminated from the Metropolitan Police Department as discipline for serious misconduct the member shall be assessed a penalty of not less than $1,000 and not greater than $5,000 in the discretion of the Chief of Police, pursuant to written standards developed by the Chief of Police.
(Oct. 4, 2000, D.C. Law 13-160, § 505, 47 DCR 4619.)
Section References
This section is referenced in § 5-803, § 5-805, and § 5-806.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 8 - Police Retirement While Under Disciplinary Investigation › § 5–805. Payment of penalties

§ 5–805. Payment of penalties.
Penalties assessed against a member in conditional retirement as provided in § 5-804, shall be treated as a debt owed to the District of Columbia government, pursuant to § 1-629.03, and may be collected by the District of Columbia government, pursuant to § 1-629.04, or by any other means authorized by law.
(Oct. 4, 2000, D.C. Law 13-160, § 506, 47 DCR 4619; Mar. 11, 2015, D.C. Law 20-236, § 3, 62 DCR 485.)
Section References
This section is referenced in § 5-806.
Effect of Amendments
The 2015 amendment by D.C. Law 20-236 rewrote this section.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 8 - Police Retirement While Under Disciplinary Investigation › § 5–806. Administrative review

§ 5–806. Administrative review.
A member in conditional retirement may challenge the imposition of penalties imposed by §§ 5-804 and 5-805 in an administrative proceeding before the District of Columbia Office of Employee Appeals, pursuant to Chapter 5 of Title 2.
(Oct. 4, 2000, D.C. Law 13-160, § 507, 47 DCR 4619.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 8 - Police Retirement While Under Disciplinary Investigation › § 5–807. Applicability

§ 5–807. Applicability.
This chapter shall apply upon adoption of regulations by the Chief of Police to implement this chapter. The Chief of Police shall adopt such regulations within 60 days of October 4, 2000.
(Oct. 4, 2000, D.C. Law § 13-160, § 508, 47 DCR 4619.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 9 - Awards for Meritorious Service › § 5–901. Annual awards for meritorious service

§ 5–901. Annual awards for meritorious service.
For the official recognition of outstanding acts in the line of duty by the members of the Police, Fire, and Corrections Departments of the District of Columbia there shall be awarded annually 1 gold medal and 1 or more silver medals, appropriately inscribed, to those members of each Department who have by outstanding or conspicuous services earned such awards.
(Mar. 4, 1929, 45 Stat. 1556, ch. 696, § 1; July 24, 1956, 70 Stat. 627, ch. 685, § 1; June 29, 1984, D.C. Law 5-94, § 2(b), 31 DCR 2549.)
Prior Codifications
1981 Ed., § 4-701.
1973 Ed., § 4-701.
Section References
This section is referenced in § 1-632.03.
Cross References
Merit system, application to police officers and firefighters, see § 1-632.03.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 9 - Awards for Meritorious Service › § 5–902. Committee to make awards. [Repealed]

§ 5–902. Committee to make awards. [Repealed]
Repealed.
(Mar. 4, 1929, 45 Stat. 1556, ch. 696, § 2; June 29, 1984, D.C. Law 5-94, § 2(b), 31 DCR 2549; Apr. 29, 1998, D.C. Law 12-86, § 401(e), 45 DCR 1172.)
Prior Codifications
1981 Ed., § 4-702.
1973 Ed., § 4-702.
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 401 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 a single Commissioner. 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.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 9 - Awards for Meritorious Service › § 5–903. Preference in promotions

§ 5–903. Preference in promotions.
When promotions are being made in the Departments, the holders of such medals shall be preferred to other members of said Departments, other things being equal.
(Mar. 4, 1929, 45 Stat. 1556, ch. 696, § 3.)
Prior Codifications
1981 Ed., § 4-703.
1973 Ed., § 4-703.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 9 - Awards for Meritorious Service › § 5–904. Appropriation authorized

§ 5–904. Appropriation authorized.
To provide for the cost of such medals there is hereby authorized to be appropriated annually such sum as the Mayor of the District of Columbia may deem necessary for the purpose.
(Mar. 4, 1929, 45 Stat. 1557, ch. 696, § 4.)
Prior Codifications
1981 Ed., § 4-704.
1973 Ed., § 4-704.
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 401 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 a single Commissioner. 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.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10 - Trial Boards › Subchapter I - General › § 5–1001. Attendance of witnesses — Issuance of subpoenas; fees

§ 5–1001. Attendance of witnesses — Issuance of subpoenas; fees.
Any trial board of the Metropolitan Police force or the Fire Department of the District of Columbia shall have the power to issue subpoenas in the name of the Chief Judge of the Superior Court of the District of Columbia to compel witnesses to appear and testify and/or to produce all books, records, papers or documents before said trial board; provided, that witnesses other than those employed by the District of Columbia subpoenaed to appear before said trial board shall be entitled to the same fees as are paid witnesses for attendance before the Superior Court of the District of Columbia, but said fees need not be tendered said witnesses in advance of their appearing and testifying and/or producing books, records, papers or documents before said trial board.
(May 11, 1892, 27 Stat. 29, ch. 65, § 1; Feb. 20, 1896, 29 Stat. 10, ch. 25, § 1; Apr. 16, 1932, 47 Stat. 86, ch. 118, § 1; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(a), (b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(14)(A).)
Prior Codifications
1981 Ed., § 4-801.
1973 Ed., § 4-601.
Section References
This section is referenced in § 1-632.03, § 5-1002, § 5-1003, and § 6-902.
Cross References
Insanitary buildings, condemnation, condemnation review board, see § 6-902.
Merit system, Application to police officers and firefighters, see § 1-632.03.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10 - Trial Boards › Subchapter I - General › § 5–1002. Attendance of witnesses — Wilful false swearing

§ 5–1002. Attendance of witnesses — Wilful false swearing.
Any wilful false swearing on the part of any witness before any trial board mentioned in § 5-1001 as to any material fact shall be deemed perjury and shall be punished in the manner prescribed by law for such offense.
(May 11, 1892, 27 Stat. 29, ch. 65, § 2; Feb. 20, 1896, 29 Stat. 10, ch. 25, § 2; Apr. 16, 1932, 47 Stat. 87, ch. 118, § 3.)
Prior Codifications
1981 Ed., § 4-802.
1973 Ed., § 4-602.
Section References
This section is referenced in § 6-902.
Cross References
Insanitary buildings, condemnation, condemnation review board, see § 6-902.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10 - Trial Boards › Subchapter I - General › § 5–1003. Attendance of witnesses — Neglect or refusal to obey subpoena

§ 5–1003. Attendance of witnesses — Neglect or refusal to obey subpoena.
If any witness, having been personally summoned, shall neglect or refuse to obey the subpoena issued in § 5-1001, then in that event the chairman of the trial board may report that fact to the Superior Court of the District of Columbia or 1 of the judges thereof and said Court, or any judge thereof, is empowered to compel obedience to said subpoena to the same extent as witnesses may be compelled to obey the subpoenas of that Court.
(May 11, 1892, 27 Stat. 29, ch. 65, § 3; Feb. 20, 1896, 29 Stat. 10, ch. 25, § 3; Apr. 16, 1932, 47 Stat. 87, ch. 118, § 2; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(a), (b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(14)(B).)
Prior Codifications
1981 Ed., § 4-803.
1973 Ed., § 4-603.
Section References
This section is referenced in § 6-902.
Cross References
Insanitary buildings, condemnation, condemnation review board, see § 6-902.
Investigations and examinations, see § 5-1021.
Merit system, application to police officers and firefighters, see § 1-632.03.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10 - Trial Boards › Subchapter II - Oaths › § 5–1011. Oath of members

§ 5–1011. Oath of members.
Each member of the trial boards shall take an oath to be administered by the Chief Clerk of the Police Department for the faithful and impartial performance of the duties of the office.
(Apr. 16, 1932, 47 Stat. 87, ch. 118, § 4.)
Prior Codifications
1981 Ed., § 4-804.
1973 Ed., § 4-604.
Transfer of Functions
Reorganization Order No. 46 of the Board of Commissioners, dated June 26, 1953, established in the Metropolitan Police Department the Chief Clerk’s section. The Order set forth the functions of the Chief Clerk’s section and abolished the previously existing office. This Order was issued pursuant to Reorganization Plan No. 5 of 1952. Reorganization Order No. 46 was replaced by Organization Order No. 153, dated November 10, 1966. Organization Order No. 8, dated April 18, 1968, revoked Organization Order No. 153 to the extent the same was inconsistent with Organization Order No. 8. Commissioner’s Order No. 69-614, dated November 13, 1969, provided in part that the Metropolitan Police Department shall continue in existence, headed by a Chief of Police who shall be responsible for the functions of said Department as previously established and constituted by Organization Order No. 153, as amended.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10 - Trial Boards › Subchapter III - Investigations of Municipal Matters › § 5–1021. Investigations of municipal matters; authority to administer oaths

§ 5–1021. Investigations of municipal matters; authority to administer oaths.
After July 1, 1902, the several provisions of subchapter I of this chapter shall be applicable to and enforceable in any investigation or examination of any municipal matter by the Mayor of the District of Columbia, and the Council of the District of Columbia with respect to functions transferred to it by Reorganization Plan No. 3 of 1967, as well as to the proceedings before the trial boards named in that subchapter; and said Mayor and each member of the Council are hereby authorized to administer oaths to witnesses summoned in any such investigation or examination aforesaid.
(July 1, 1902, 32 Stat. 591, ch. 1352.)
Prior Codifications
1981 Ed., § 1-331.
1973 Ed., § 1-237.
Section References
This section is referenced in § 2-1402.64 and § 2-1403.01.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10A - Police and Firefighters Disciplinary Action Procedures › Subchapter I - General › § 5–1032. Report on misconduct allegations and grievances

§ 5–1032. Report on misconduct allegations and grievances.
The Chief of Police and the Fire Chief shall, not later than January 15 of each calendar year, beginning in 2006, deliver a report to the Mayor and the Council concerning misconduct and grievances filed by or against members of their respective departments. The report shall contain:
(1) The number of individuals, of all rank and services, investigated and disciplined for misconduct, categorized by the nature of the misconduct allegations, the nature of those misconduct allegations that are substantiated, and the discipline given for substantiated allegations; and
(2) The number of formal grievances filed by individuals, including complaints filed with each agency’s Equal Employment Opportunity Officer, categorized by the nature of the grievance filed and the nature of those grievances that are substantiated.
(Sept. 30, 2004, D.C. Law 15-194, § 503, 51 DCR 9406.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10A - Police and Firefighters Disciplinary Action Procedures › Subchapter II - Firefighter Retirement While Under Disciplinary Investigation › § 5–1051. Definitions

§ 5–1051. Definitions.
For the purposes of this subchapter, the term:
(1) “Chief” means the Chief of the Department.
(2) “Conditional retirement” means that a member has retired or resigned from the Department while under disciplinary investigation for serious misconduct.
(3) “Department” means the Fire and Emergency Medical Services Department.
(4) “Disciplinary investigation” means an official investigation by the Department, including the Office of Internal Affairs, of allegations of serious misconduct by a member of the Department.
(5) “Resign” means the voluntary separation of a member from the Department before the member’s pension rights have accrued and vested.
(6) “Retire” means the voluntary separation of a member from the Department 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.
(7) “Serious misconduct” means any felony violation of federal, local, or District of Columbia law, making a false statement under oath, falsifying official records or reports, using unnecessary force, gross dereliction of duty, perpetrating a felony or assisting a person to escape investigation or prosecution, using illegal controlled substances, or other violations as determined by the Chief by general order.
(Sept. 30, 2004, D.C. Law 15-194, § 511; as added Mar. 11, 2015, D.C. Law 20-236, § 2(b), 62 DCR 485.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10A - Police and Firefighters Disciplinary Action Procedures › Subchapter II - Firefighter Retirement While Under Disciplinary Investigation › § 5–1052. Completion of disciplinary investigations

§ 5–1052. Completion of disciplinary investigations.
The Department shall complete a disciplinary investigation, including issuing findings pursuant to the general orders, of a member regardless of whether that member resigns or retires while under investigation.
(Sept. 30, 2004, D.C. Law 15-194, § 512; as added Mar. 11, 2015, D.C. Law 20-236, § 2(b), 62 DCR 485.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10A - Police and Firefighters Disciplinary Action Procedures › Subchapter II - Firefighter Retirement While Under Disciplinary Investigation › § 5–1053. Conditional retirement

§ 5–1053. Conditional retirement.
(a) If a member of the Department retires or resigns while under disciplinary investigation, that member shall be deemed to be in conditional retirement until the disciplinary investigation is completed and factual findings are made.
(b) A member who is in conditional retirement shall not be paid a pension or receive other accrued benefits of any kind, including salary, compensatory time, or accrued leave, during the pendency of the disciplinary investigation.
(c) The Department shall complete the disciplinary investigation of a member in conditional retirement within 25 days from the date that the member retired or resigned. If the Department has not completed the investigation 25 days from the date the member retired or resigned, the matter shall be deemed to be closed and the allegations of serious misconduct not sustained.
(d) If, at any time during a member’s conditional retirement, the Department finds that the allegations of serious misconduct are not sustained or are unfounded, the matter shall be deemed to be closed and the member’s pension rights and accrued benefits shall be paid retroactive to the date on which the member initially retired or resigned.
(e) If the Department sustains the allegations of serious misconduct, the disciplinary process shall proceed as if the member in conditional retirement continued to be a member of the Department. The member shall be accorded all rights to which he or she is entitled under federal and District of Columbia law and regulations, Department regulations, and any applicable labor agreement.
(f) If the Department ultimately determines that a member in conditional retirement should be subjected to discipline as provided by law and regulation, the member shall be subject to penalties in lieu of discipline, pursuant to § 5-1054.
(g) A member who retires or resigns from the Department without knowing that he or she was under disciplinary investigation for serious misconduct shall not be deemed to be in conditional retirement, but shall instead be provided the opportunity to continue employment with the Department during the pendency of the disciplinary investigation. Should the member decide to retire or resign after he or she has been informed of the disciplinary investigation, he or she shall be deemed to be in conditional retirement as provided in this section.
(Sept. 30, 2004, D.C. Law 15-194, § 513; as added Mar. 11, 2015, D.C. Law 20-236, § 2(b), 62 DCR 485.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10A - Police and Firefighters Disciplinary Action Procedures › Subchapter II - Firefighter Retirement While Under Disciplinary Investigation › § 5–1054. Penalties in lieu of discipline for members in conditional retirement

§ 5–1054. Penalties in lieu of discipline for members in conditional retirement.
(a) The Department shall set the level of discipline for a member in conditional retirement as if he or she continued to be a member of the Department.
(b) A member in conditional retirement who would have received suspension as discipline had he or she remained a member of the Department shall be assessed a penalty of not less than $100 and not greater than $5,000, depending on the length of suspension.
(c) If a member in conditional retirement would have been terminated from the Department as discipline for serious misconduct, the member shall be assessed a penalty of not less than $1,000 and not greater than $5,000 in the discretion of the Chief, pursuant to written standards developed by the Chief.
(Sept. 30, 2004, D.C. Law 15-194, § 514; as added Mar. 11, 2015, D.C. Law 20-236, § 2(b), 62 DCR 485.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10A - Police and Firefighters Disciplinary Action Procedures › Subchapter II - Firefighter Retirement While Under Disciplinary Investigation › § 5–1055. Payments of penalties and collection of debts

§ 5–1055. Payments of penalties and collection of debts.
Penalties assessed against a member in conditional retirement as provided in §  5-1054 shall be treated as a debt owed to the District of Columbia government, pursuant to § 1-629.03, and may be collected by the District of Columbia government, pursuant to § 1-629.04, or by any other means authorized by law.
(Sept. 30, 2004, D.C. Law 15-194, § 515; as added Mar. 11, 2015, D.C. Law 20-236, § 2(b), 62 DCR 485.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10A - Police and Firefighters Disciplinary Action Procedures › Subchapter II - Firefighter Retirement While Under Disciplinary Investigation › § 5–1056. Administrative review

§ 5–1056. Administrative review.
A member in conditional retirement may challenge the imposition of penalties imposed by §§  5-1054 and  5-1055 in an administrative proceeding before the District of Columbia Office of Employee Appeals, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].
(Sept. 30, 2004, D.C. Law 15-194, § 516; as added Mar. 11, 2015, D.C. Law 20-236, § 2(b), 62 DCR 485.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 10A - Police and Firefighters Disciplinary Action Procedures › Subchapter II - Firefighter Retirement While Under Disciplinary Investigation › § 5–1057. Applicability

§ 5–1057. Applicability.
This subchapter shall apply upon adoption of regulations by the Chief to implement the provisions of this chapter. The Chief shall adopt such regulations within 60 days after March 11, 2015.
(Sept. 30, 2004, D.C. Law 15-194, § 517; as added Mar. 11, 2015, D.C. Law 20-236, § 2(b), 62 DCR 485.)
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 11 - Review of Citizen Complaints Involving Police › Subchapter I - Police Complaints Board; Office of Police Complaints › § 5–1102. Purpose

§ 5–1102. Purpose.
The purpose of this subchapter is to establish an effective, efficient, and fair system of independent review of citizen complaints against police officers in the District of Columbia, which will:
(1) Be visible to and easily accessible to the public;
(2) Investigate promptly and thoroughly claims of police misconduct;
(3) Encourage the mutually agreeable resolution of complaints through conciliation and mediation where appropriate;
(4) Provide adequate due process protection to officers accused of misconduct;
(5) Provide fair and speedy determination of cases that cannot be resolved through conciliation or mediation;
(6) Render just determinations;
(7) Foster increased communication and understanding and reduce tension between the police and the public; and
(8) Improve the public safety and welfare of all persons in the District of Columbia.
(Mar. 26, 1999, D.C. Law 12-208, § 3, 45 DCR 8107; Apr. 21, 2023, D.C. Law 24-345, § 105(b), 70 DCR 7904.)
Prior Codifications
1981 Ed., § 4-912.
Applicability
Section 7097 of D.C. Law 25-50 amended section 301(a)(1) of D.C. Law 24-345 retaining the applicability provision impacting this section. Therefore the amendment of this section by section 105(b) of Law 24-345 still has not been implemented.
Applicability of D.C. Law 24-345: § 301 of D.C. Law 24-345 provided that the change made to this section by § 105(b) of D.C. Law 24-345 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.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 11 - Review of Citizen Complaints Involving Police › Subchapter I - Police Complaints Board; Office of Police Complaints › § 5–1103. Definitions

§ 5–1103. Definitions.
*NOTE: This section includes amendments by temporary legislation that will expire on March 29, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
For purposes of this subchapter, the term:
(1) “Board” means the Police Complaints Board.
(2) “Complaint examiner” means the person designated by the Executive Director to determine the merits of a complaint.
(2A) Not Funded.
(2B) Not Funded.
(2C) Not Funded.
(3) “Executive Director” means the head of the Office of Police Complaints.
(3A) “Gender identity or expression” shall have the same meaning as provided in § 2-1401.02(12A).
(3B) "MPD" means the Metropolitan Police Department.
(4) “Office” means the Office of Police Complaints.
(5) Not Funded.
(Mar 26, 1999, D.C. Law 12-208, § 4, 45 DCR 8107; Sept. 30, 2004, D.C. Law 15-194, § 902(a), 51 DCR 9406; June 25, 2008, D.C. Law 17-177, § 8(a), 55 DCR 3696; Apr. 21, 2023, D.C. Law 24-345, § 105(c), 70 DCR 7904; Aug. 17, 2023, D.C. Law 25-41, § 2(a), 70 DCR 9042.)
Prior Codifications
1981 Ed., § 4-913.
Effect of Amendments
D.C. Law 15-194, in pars. (1), (3), and (4), substituted “Police Complaints” for “Citizen Complaint Review”.
D.C. Law 17-177 added par. (3A).
Applicability
Section 7097 of D.C. Law 25-50 amended section 301(a)(1) of D.C. Law 24-345 retaining the applicability provision impacting this section. Therefore the amendment of this section by section 105(c) of Law 24-345 still has not been implemented.
Applicability of D.C. Law 24-345: § 301 of D.C. Law 24-345 provided that the change made to this section by § 105(c) of D.C. Law 24-345 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 § 2(a) of Comprehensive Policing and Justice Reform Technical Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-197, July 27, 2023, 70 DCR 10742).
For temporary (90 days) amendment of this section, see § 2(a) of Comprehensive Policing and Justice Reform Technical Emergency Amendment Act of 2023 (D.C. Act 25-115, May 24, 2023, 70 DCR 7944).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(a) of Comprehensive Policing and Justice Reform Technical Temporary Amendment Act of 2023 (D.C. Law 25-41, Aug. 17, 2023, 70 DCR 9042).
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 11 - Review of Citizen Complaints Involving Police › Subchapter I - Police Complaints Board; Office of Police Complaints › § 5–1105. Office of Police Complaints establishment; appointment of Executive Director

§ 5–1105. Office of Police Complaints establishment; appointment of Executive Director.
(a) There is established an Office of Police Complaints (“Office”).
(b) The Office shall be headed by an Executive Director. The Executive Director shall be an attorney who is an active member in good standing of the District of Columbia Bar. The Board shall appoint the Executive Director to serve for a term of 3 years, or until a successor is appointed. An Executive Director may be reappointed. The Board may remove the Executive Director from office for cause. The Executive Director shall receive such compensation as is established by the Board.
(Mar. 26, 1999, D.C. Law 12-208, § 6, 45 DCR 8107; Sept. 30, 2004, D.C. Law 15-194, § 902(c), 51 DCR 9406.)
Prior Codifications
1981 Ed., § 4-915.
Effect of Amendments
D.C. Law 15-194, in the section heading and in subsec. (a), substituted “Police Complaints” for “Citizen Complaint Review”.
2023 District of Columbia Code › Title 5 - Police, Firefighters, Medical Examiner, and Forensic Sciences › Chapter 11 - Review of Citizen Complaints Involving Police › Subchapter I - Police Complaints Board; Office of Police Complaints › § 5–1106. Duties of the Executive Director

§ 5–1106. Duties of the Executive Director.
(a) The Executive Director shall employ qualified persons or utilize the services of qualified volunteers, as necessary, to perform the work of the Office, including the investigation of complaints. The Executive Director may employ persons on a full-time or part-time basis, or retain the services of contractors for the purpose of resolving a particular case or cases, as may be determined by the Executive Director, except that complaint investigators may not be persons currently or formerly employed by the MPD. Chapter 6 of Title 1 shall apply to the Executive Director and other employees of the Office.
(b) The Executive Director shall supervise all employees and volunteers of the Office, and shall ensure that all rules, regulations, and orders are carried out properly, and that all records of the Office are maintained properly.
(c) Subject to approval of the Board, the Executive Director shall establish a pool of qualified persons who shall be assigned by the Executive Director to carry out the mediation and complaint determination functions set forth in this chapter. In selecting a person to be a member of this pool, the Executive Director shall take into consideration each person’s education, work experience, competence to perform the functions required of a dispute mediator or complaint hearing examiner, and general reputation for competence, impartiality, and integrity in the discharge of his responsibilities. No member of the pool shall be a current or former employee of the MPD. For their services, the members of this pool shall be entitled to such compensation as the Executive Director, with the approval of the Board, shall determine, provided that the compensation shall be on a per-case basis, not a per-hour, basis.
(d) The Board shall have the authority to promulgate rules to implement the provisions of this subchapter. Such rules shall be promulgated in accordance with subchapter I of Chapter 5 of Title 2, and shall be subject to review and approval by the Board before becoming effective.
(Mar. 26, 1999, D.C. Law 12-208, § 7, 45 DCR 8107; Apr. 21, 2023, D.C. Law 24-345, § 105(e), 70 DCR 7904.)
Prior Codifications
1981 Ed., § 4-916.
Applicability
Section 7097 of D.C. Law 25-50 amended section 301(a)(1) of D.C. Law 24-345 retaining the applicability provision impacting this section. Therefore the amendment of this section by section 105(e) of Law 24-345 still has not been implemented.
Applicability of D.C. Law 24-345: § 301 of D.C. Law 24-345 provided that the change made to this section by § 105(e) of D.C. Law 24-345 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.