(a) The MPD shall have full authority, under the procedures established pursuant to § 5-133.06, to initiate disciplinary proceedings against an officer of the MPD with respect to a charge of misconduct within the scope of § 5-1107 prior to the timely filing of a complaint with the Office.

(b) If the MPD has initiated disciplinary proceedings against an officer of the MPD for alleged misconduct, the subsequent timely filing with the Office of a complaint against the same officer or officers, alleging the same misconduct, shall not preclude the MPD from proceeding with its own disciplinary process. Nor shall the fact that the MPD has initiated disciplinary proceedings against a police officer for alleged misconduct preclude the Office from processing a complaint that was timely filed against the same officer and alleging the same misconduct, except that the Police Chief may not punish the same officer more than once for the same act or omission that constitutes misconduct.

(c) When the MPD has not initiated a disciplinary proceeding against a police officer prior to the timely filing of a complaint with the Office, the MPD shall not initiate a disciplinary proceeding against the subject police officer or officers with regard to misconduct alleged in such complaint until the Office disposes of the complaint.

(d) A merits determination by a complaint examiner, on the basis of an evidentiary hearing, that no allegation of misconduct in the complaint is sustained, as well as a decision of a final review panel that reverses in its entirety a merits determination that sustained one or more allegations of the complaint, precludes the MPD from imposing discipline on the subject police officer or officers with respect to any allegation of misconduct contained in the complaint.

(e) A merits determination by a complaint examiner, on the basis of an evidentiary hearing, or a later decision of a final review panel, if any, shall be binding on the subject police officer or officers and on the Police Chief in all subsequent proceedings as to all essential facts determined and all violations found.

(f) If the complaint examiner has not held an evidentiary hearing and the Police Chief imposes termination as a disciplinary action, the affected police officer shall be entitled to a post-termination administrative proceeding as provided by law. A police officer disciplined by the Police Chief, whether by termination or otherwise, shall be entitled to whatever administrative disciplinary proceeding is afforded under any applicable collective bargaining agreement.

(Mar. 26, 1999, D.C. Law 12-208, § 15, 45 DCR 8107.)

1981 Ed., § 4-924.

This section is referenced in § 5-1112.