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MPD MOA Modifications

JOINT MODIFICATION NO. 1

TO

JUNE 13, 2001

MEMORANDUM OF AGREEMENT

Between the United States Department of Justice

and the

District of Columbia and

the District of Columbia Metropolitan Police Department,

September 30, 2002


JOINT MODIFICATION NO. 1

TO

JUNE 13, 2001

MEMORANDUM OF AGREEMENT

Between the United States Department of Justice

and the

District of Columbia and

the District of Columbia Metropolitan Police Department,

I.  BACKGROUND

1.  Pursuant to provision 194 of the June 13, 2001, Memorandum of Agreement (MOA) between the United States Department of Justice (DOJ), the District of Columbia, and the District of Columbia Metropolitan Police Department (MPD), the Parties hereby enter into this Modification.

2.  The Parties agree that MPD has failed to meet the timelines identified in the MOA. DOJ acknowledges, however, that MPD has made significant strides to satisfy many of its obligations under the MOA - consistently improving both the quality and the timeliness of its deliverables in the last several months. Indeed, in September 2002, the Department of Justice has approved the following revised General Orders (GOs) and related documents: Use of Force, Use of Force Investigations, Use of Force Incident Report, Canine Teams, Oleoresin Capsicum Spray, and Handling of Service Weapons. In light of this renewed commitment the Parties to the MOA have agreed to modify the MOA.

3.  Upon execution of this Modification, MPD and the City shall be discharged from their current status of breach related to timelines, except as provided in paragraph 5, infra.

II.  SCOPE OF MODIFICATION

4.  This Modification modifies the implementation and deliverable dates outlined in the MOA. This Modification does not alter the substantive provisions of the MOA.

5.  MPD's compliance with MOA provisions related to the Personnel Performance Management System (MOA paragraphs 106-117) is expressly excepted from this modification.

III.  REVISED IMPLEMENTATION SCHEDULE

6.  MPD shall implement all DOJ approved policies and procedures within 14 business days of approval. The following provisions are accordingly modified:

a.   MOA paragraph 51 (1);
b.  MOA paragraphs 57-58;
c.  MOA paragraphs 60-62;
d.  MOA paragraph 67;
e.  MOA paragraph 68;
f.  MOA paragraph 72; and
g.  MOA paragraphs 73 (a) and (b).

IV.  REVISED DELIVERABLE SCHEDULE

7.  With respect to deliverables, MPD shall produce the policies and procedures, or other documentation, as appropriate, required by the MOA to the DOJ according to the agreed upon deadlines on the attached Joint DOJ/MPD MOA Modification Chart. The following provisions are modified:

a.  MOA paragraph 53;
b.  MOA paragraph 57;
c.  MOA paragraph 63;
d.  MOA paragraph 68;
e.  MOA paragraphs 73 (a) and (b);
f.  MOA paragraphs 83-85;
g.  MOA paragraphs 88-89;
h.  MOA paragraphs 92-94;
i.  MOA paragraphs 96-98;
j.  MOA paragraph 105;
k.  MOA paragraphs 118-119;
l.  MOA paragraph 121(f);
m.  MOA paragraph 122;
n.  MOA paragraph 129;
o.  MOA paragraphs 132 (a) and (b);
p.  MOA paragraphs 133-137;
q.  MOA paragraphs 145-146;
r.  MOA paragraph 148; and
s.  MOA paragraphs 150-159.

V.  COMPLIANCE

8.  The implementation schedule and the revised deadlines for deliverables contained in this Modification are firm. Nonetheless, the parties agree that if MPD is unable to complete a deliverable on schedule due to articulable, unforeseen emergency circumstances, MPD shall contact DOJ and seek a revised mutually acceptable deliverable date.

VI.  MISCELLANEOUS

9.  The signatories below represent by their signatures that they are authorized to enter into this Modification and are signing on behalf of their party and the original signatories to the MOA.

For the United States Department of Justice:

/s/ Steven H. Rosenbaum

STEVEN H. ROSENBAUM
Chief
Special Litigation Section
Civil Rights Division

/s/ Shanetta Y. Brown Cutlar
/s/ Tammie M. Gregg
/s/ Lisa S. Graybill

SHANETTA Y. BROWN CUTLAR
TAMMIE M. GREGG
LISA S. GRAYBILL
Special Litigation Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66400
Washington, D.C. 20035-6400
202-514-0195

For the District of Columbia and the Metropolitan Police Department:

/s/ Anthony Williams

ANTHONY WILLIAMS
Mayor of the District of Columbia

/s/ Margaret Nedelkoff Kellems

MARGARET NEDELKOFF KELLEMS
Deputy Mayor of Public Safety and Justice
for the District of Columbia

/s/ Charles H. Ramsey

CHARLES H. RAMSEY
Chief of Police
District of Columbia
Metropolitan Police Department

/s/ Michael J. Fitzgerald

MICHAEL J. FITZGERALD
Executive Assistant Chief of Police
District of Columbia Metropolitan Police Department

/s/ Peter J. Newsham

PETER J. NEWSHAM
Assistant Chief
Office of Professional Responsibility
District of Columbia
Metropolitan Police Department

/s/ Joshua A. Ederheimer

JOSHUA A. EDERHEIMER
Inspector
Office of Professional Responsibility
District of Columbia
Metropolitan Police Department

/s/ Terrence D. Ryan

TERRENCE D. RYAN
General Counsel
District of Columbia
Metropolitan Police Department


1. MPD and DOJ have agreed that the General Orders referenced in MOA paragraph 51 will be issued the week of October 6, 2002.


Joint DOJ/MPD MOA Modification Chart

MOA Provision (Para. #) Description of MOA Provision Agreed-Upon Date of Delivery to DOJ
53 Use of Force Reporting Policy and UFIR Form (hard copy version)

Use of automated UFIR form (deadline for implementation of automated approvals to be determined)

Week of 10-6-02

Week of

12-29-02

*57
FIT Manual 10-27-02
63 Train FIT Investigators on new policies developed under MOA Within

30-calendar days of implementation of the GOs

*68

Implement the Serious Misconduct Investigations GO

Personnel Allocation Plan to Designate sufficient personnel for OPR to investigate criminal misconduct allegations

Within 14-business days of DOJ approval

12-31-02 (pursuant to MOA Para. 78 deadline)

*73(a), (b) Memorandum outlining MPD's compliance with requirement that MPD investigators outside chain of command be assigned for circumstances specified in MOA para. 73(a), (b). Week of 9-29-02
83

Misconduct administrative investigation manual Week of 10-20-02
84 FIT Training Plan; Instructor Training Plan; and FY 2003 In-Service Lesson Plans

Specialized training for investigators who investigate shootings

Week of

9-22-02

Training to occur within 180 days of approval of plan by DOJ

85

Coordination plan between MPD/OCCR delineating responsibilities regarding citizen complaints - embodied in MOU between OCCR and City 9-30-02
88 Develop and implement comprehensive complaint program: MPD promotional materials, communication plan, PSA, and News Release Week of

10-27-02

89

Institute public information outreach regarding complaint program Week of

10-27-02

92

Initiate capability to accept complaints via all communication modes, including TDD Week of

9-22-02

93

Institute toll-free hotline for reporting of citizen complaints 9-30-02
94 Transfer responsibility to OPR for receiving complaints filed directly with

MPD - embodied in Citizen Complaint GO

Week of

9-29-02

96

Implement plan to ensure OCCR investigators receive training - embodied in MOU between OCCR and City 9-30-02
97 OCCR investigation manual Week of 11-3-02
98 Implement policy and training on preponderance of evidence

standard - embodies in Preponderance of Evidence Lesson Plan

Week of 9-22-02

105 Update Disciplinary GO Week of

11-17-02

118 Plan to enhance Performance Evaluation System Week of

11-03-02

119

Centrally coordinate and review all Use of force training among components - revised lesson plans Within 20-business days of DOJ approval
121(f) Enhanced Field Training Protocol Week of 12-01-02
122 Review/revise all current force related training materials (including curricula and lesson plans) Within 20-business days of DOJ approval
129 Provide supervisory training lesson plans: instructor training plan and FY 2003

in-service plan

Week of 9-22-02
132(a)

132(b)

Implement Role Play and Range 2000

Initiate video-taping of Role Plays

Within 20-business days of DOJ approval

Week of 9-29-02

133

Disseminate MOA to officers and conduct in-service training regarding revised policies and procedures MPD will provide status report on inclusion of the topics for recruit and lateral training: Week of

9-29-02

134 Plan to ensure sufficient training academy staffing Week of 9-29-02
135 Eligibility and selection criteria for all Academy, Field Training positions Week of 9-29-02
136 Implement instructor certification program Within 20-business days of DOJ approval of current materials or, if a new ICP training vendor is selected, within 20-business days of DOJ approval of the new materials. Date for selection of new vendor 12-31-02
137 Implement formal instructor training course Within 20-business days of DOJ approval of current materials or, if a new ICP training vendor is selected, within 20-business days of DOJ approval of the new materials. Date for selection of new vendor 12-31-02
145 Implement comprehensive canine training curriculum and lesson plan Week of 9-29-02
146 Ensure all MPD canines are trained, certified or re-certified in handler controlled alert methodology Documentation regarding certification: Week of 9-29-02
148 Ensure certification of canine trainers as canine instructors 11-24-02 (lesson plans)

Within 20-business days of DOJ approval of lesson plans and related curricula

150 Continue to implement pre-screening mechanism for specialized mission personnel Week of 9-29-02

(specialized unit mission GO)

151 Screening mechanism for prospective special unit candidates Week of 9-29-02

(specialized unit mission GO)

152 Provide sufficient advance notice of participating officers to all special units leadership Week of 9-29-02

(specialized unit mission GO)

153 Establish protocol for disqualifying officers from special missions that uses questionable force or who generates numerous complaints re same Week of 9-29-02

(specialized unit mission GO)

154 Ensure adequate supervision for special units Week of 9-29-02

(specialized unit mission GO)

155 Provide instructions to supervisory officers volunteering or assigned to a special unit that they maintain supervisory responsibilities Week of 9-29-02

(specialized unit mission GO)

156 Provide pre-service training to special mission units re Constitutional requirements Week of 9-29-02

(specialized unit mission GO)

157 Monitor activities of specialized mission units Week of 9-29-02

(specialized unit mission GO)

158 Procedure for informing special mission supervisors about complaints involving their officers and monitoring the same Week of 9-29-02

(specialized unit mission GO)

159 Plan to limit officer overtime work schedule

Week of 11-24-02
* MOA paragraphs with a (*) indicate that both a deliverable and a 14-day deadline exist for the MOA requirement
General Information Special Litigation Section
 
Leadership
Jonathan M. Smith
Chief
Contact
Special Litigation Section
(202) 514-6255
toll-free at (877) 218-5228

FAX - (202) 514-0212
Alt. FAX - (202) 514-6273
Email - Special.Litigation@usdoj.gov
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