District Of Columbia § 5-1104(Perm) - Police Complaints Board.
Full text of District Of Columbia D.C. Code § 5-1104(Perm) — Police Complaints Board., with citation guidance and answers to common questions.
§ 5-1104(Perm). Police Complaints Board.
5-1104(Perm)*NOTE: This codification is the most current, due to recent law changes. To see the current law (including emergency and temporary legislation, if relevant) click this link: *
There is established a Police Complaints Board. The Board shall be composed of 5 members, one of whom shall be a member of the MPD, and 4 of whom shall have no current affiliation with any law enforcement agency. All members of the Board shall be residents of the District of Columbia. The members of the Board shall be appointed by the Mayor, subject to confirmation by the Council. The Mayor shall submit a nomination to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve the nomination by resolution within this 90-day review period, the nomination shall be deemed disapproved.
Board members first appointed after March 26, 1999 shall serve as follows: 2 shall serve for a 3-year term; 2 shall serve for a 2-year term; and one shall serve for a 1-year term. Thereafter, Board members shall serve for a term of 3 years or until a successor has been appointed. All board members shall serve without compensation. A Board member may be reappointed. The Mayor shall designate the chairperson of the Board, and may remove a member of the Board from office for cause. A person appointed to fill a vacancy on the Board occurring prior to the expiration of a term shall serve for the remainder of the term or until a successor has been appointed.
A quorum for the transaction of business shall be 3 members of the Board.
The Board shall conduct periodic reviews of the citizen complaint review process, and shall make recommendations, where appropriate, to the Mayor, the Council, the Chief of the Metropolitan Police Department ("Police Chief"), and the Director of the District of Columbia Housing Authority ("DCHA Director") concerning the status and the improvement of the citizen complaint process. The Board shall, where appropriate, make recommendations to the above-named entities concerning those elements of management of the MPD affecting the incidence of police misconduct, such as the recruitment, training, evaluation, discipline, and supervision of police officers.
The Board may, where appropriate, monitor and evaluate MPD's handling of, and response to, First Amendment assemblies, as defined in , held on District streets, sidewalks, or other public ways, or in District parks.
The Board shall review, with respect to the MPD:
The number, type, and disposition of citizen complaints received, investigated, sustained, or otherwise resolved;
The race, national origin, gender, and age of the complainant and the subject officer or officers;
The proposed discipline and the actual discipline imposed on a police officer as a result of any sustained citizen complaint;
All use of force incidents, serious use of force incidents, and serious physical injury incidents as defined in MPD General Order 907.07; and
Any in-custody death.
The Executive Director, acting on behalf of the Board, shall have timely and complete access to information and supporting documentation specifically related to the Board's duties under paragraph (1) of this subsection.
The Executive Director shall keep confidential the identity of all persons named in any documents transferred from the MPD to the Office pursuant to paragraph (1) of this subsection.
The disclosure or transfer of any public record, document, or information from the MPD to the Office pursuant to paragraph (1) of this subsection shall not constitute a waiver of any privilege or exemption that otherwise could be asserted by the MPD to prevent disclosure to the general public or in a judicial or administrative proceeding.
A Freedom of Information Act request for public records collected pursuant to paragraph (1) of this subsection may only be submitted to the MPD.
Beginning on December 31, 2017, and by December 31 of each year thereafter, the Board shall deliver a report to the Mayor and the Council that analyzes the information evaluated by the Board under paragraph (1) of this subsection.
Not Funded.
The Board or any entity selected by the Board shall cause to be conducted an independent review of the activities of MPD's Narcotics and Specialized Investigations Division, and any of its subdivisions ("NSID"), from January 1, 2017, through December 31, 2019.
By April 30, 2021, the Board shall submit to the Mayor and Council a report summarizing the findings of the review, including:
A description of the NSID's operations, management, and command structure;
An evaluation of stops and searches conducted by NSID officers, including an analysis of the records identified in ;
An evaluation of citizen complaints received by the Office regarding the alleged conduct of NSID officers;
An evaluation of the adequacy of discipline imposed by the Metropolitan Police Department on NSID officers as a result of a sustained allegation of misconduct pursuant to ; and
Recommendations, informed by best practices for similar entities in other jurisdictions, for improving the NSID's policing strategies, providing effective oversight over NSID officers, and improving community-police relations.
The Executive Director, acting on behalf of the Board, shall have access to all books, accounts, records, reports, findings, and all other papers, things, or property belonging to or in use by any department, agency, or other instrumentality of the District government that are necessary to facilitate the review.
If the Executive Director is denied access to any books, accounts, records, reports, findings, or any other papers, things, or property, the reason for the denial shall:
Be submitted in writing to the Executive Director no later than 7 days after the date of the Executive Director's request;
State the specific reasons for the denial, including citations to any law or regulation relied upon as authority for the denial; and
State the names of the public officials or employees responsible for the decision to deny the request.
Employees of the MPD shall cooperate fully with the Office or any entity selected by the Office to conduct the review. Upon notification by the Executive Director that an MPD employee has not cooperated as requested, the Police Chief shall cause appropriate disciplinary action to be instituted against the employee and shall notify the Executive Director of the outcome of such action.
The Executive Director shall keep confidential the identity of all persons named in any documents transferred from the MPD to the Office pursuant to this subsection.
The disclosure or transfer of any books, accounts, records, reports, findings or any papers, things, or property from the MPD to the Office pursuant to this subsection shall not constitute a waiver of any privilege or exemption that otherwise could be asserted by the MPD to prevent disclosure to the general public or in a judicial or administrative proceeding.
A Freedom of Information Act request for any books, accounts, records, reports, findings or any papers, things, or property obtained by the Office from the MPD pursuant to this subsection may only be submitted to the MPD.
Not Funded.
The Executive Director, or an entity selected by the Executive Director, shall conduct a study to determine whether the Metropolitan Police Department ("MPD") engaged in biased policing when it conducted threat assessments before or during assemblies within the District.
At a minimum, the study shall:
Examine MPD's use of threat assessments before or during assemblies in the District from January 2017 through January 2021;
Determine whether MPD engaged in biased policing when it conducted threat assessments before or during assemblies in the District from January 2017 through January 2021;
Provide a detailed analysis of MPD's response to each assembly in the District between January 2017 through January 2021, including:
Number of arrests made;
Number of civilian and officer injuries;
Type of injuries;
Number of fatalities;
Number of officers deployed;
What type of weaponry and crowd control tactics were used;
Whether riot gear was used; and
Whether any of the individuals involved in the assembly were on the Federal Bureau of Investigation's terrorist watchlist;
If there is a finding that biased policing has occurred, determine whether MPD's response to those engaged in the assembly varied based on the race, color, religion, sex, national origin, or gender; and
Provide recommendations based on the findings in the study, including:
If biased policing occurred, how to prevent bias from impacting whether MPD conducts a threat assessment and how to ensure bias does not impact a threat assessment going forward;
If biased policing has not been found to have occurred, how to ensure that there is not a disparity in MPD's response to all assemblies across all groups, of proportionate size and characteristics, in the District in the future; or
If the study is inconclusive on the occurrence of biased policing, what additional steps must be taken to reach a conclusion.
Any collaborating outside partners shall meet the following criteria:
Be nonpartisan;
Have expertise and knowledge of law enforcement practices in the District, bias in policing, homegrown domestic terrorism in the United States, and intelligence data sharing practices;
Have a history of conducting studies and evaluations of law enforcement procedures, regulations, and practices; and
Have experience developing solutions to policy or legal challenges.
The Executive Director shall submit a report on the study to the Council no later than 12 months after April 21, 2023.
Within 60 days of the end of each fiscal year, the Board shall transmit to the entities named in subsection (d) of this section an annual report of the operations of the Board and the Office of Police Complaints.
The Board is authorized to apply for and receive grants to fund its program activities in accordance with laws and regulations relating to grant management.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 5-1104(Perm)
What does D.C. Code § 5-1104(Perm) cover?
Section 5-1104(Perm) ("Police Complaints Board.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 5-1104(Perm)?
A common citation format is "D.C. Code § 5-1104(Perm)" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 5-1104(Perm) apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.