District of Columbia Code Division I. Government of District. § 5-1112. Action by the Metropolitan Police Department.

(b)(1) The review of the complaint file shall include a review of the personnel file of the subject officer or officers, including any record of prior misconduct by the subject police officer or officers and the Executive Director's recommendation for the discipline to be imposed on the subject police officer as described in 5-1111(i)(1)(A).

(d)(1) Within 5 business days after receiving the staff recommendation, the designated agency principal shall notify the complainant, if known, and the subject police officer or officers in writing of the staff recommendation and the Executive Director's recommendation, and shall afford the complainant and the subject police officer or officers reasonable time to file with the designated agency principal a written response to the staff recommendation.

(2) The designated agency principal shall consider the written responses received from the complainant and the subject police officer or officers and the Executive Director's recommendation before taking final action with regard to the complaint.

(e)(1) Within 15 business days after receiving the written responses of the complainant and the subject officer or officers, or within 15 business days of the deadline set for receipt of the responses, whichever is earlier, the designated agency principal shall issue a decision as to the imposition of discipline upon the subject police officer or officers.

(2) The designated agency principal's decision for the discipline shall be in writing and shall set forth a concise statement of the reasons therefor, including the rationale for imposing or not imposing the discipline recommended by the Executive Director.

(3) The designated agency principal may not reject the merits determination, in whole or in part.

(4) The designated agency principal may not supplement the evidentiary record.

(1) The designated agency principal may reopen any closed matter in the interests of fairness and justice; or

(2) If the designated agency principal concludes on the basis of a staff recommendation under subsection (c) of this section, or otherwise, that insofar as it sustains one or more allegations of the complaint, the merits determination clearly misapprehends the record before the complaint examiner, and is not supported by substantial, reliable, and probative evidence in the record, the designated agency principal shall return the merits determination to the Executive Director for review by a final review panel comprised of 3 complaint examiners (not including the complaint examiner who prepared the merits determination) selected by the Executive Director. Upon review of the record, and without taking any additional evidence, the final review panel shall issue a written decision, with supporting reasons, regarding the correctness of the merits determination to the extent that the designated agency principal has concluded that it erroneously sustained one or more allegations of the complaint. The final review panel shall uphold the merits determination as to any allegation of the complaint that the determination was sustained, unless the panel concludes that the determination regarding the allegation clearly misapprehends the record before the original complaint examiner and is not supported by substantial, reliable, and probative evidence in that record. A copy of the decision of the final review panel shall be transmitted to the Executive Director, the complainant, the subject police officer or officers, and the designated agency principal.