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 |
|
