OPC’s work centers on the complaint process, which is set forth in the statute and regulations governing the agency.  The public initiates the complaint process, so it begins only after a person has filed a written, signed complaint form with the agency.  OPC has the authority to investigate complaints that are received within 45 days of the alleged misconduct and that allege abuse or misuse of police powers by MPD or DCHAPD officers, including: 

Harassment;
Use of unnecessary or excessive force;
Use of language or conduct that is insulting, demeaning, or humiliating;
Discriminatory treatment;
Retaliation for filing a complaint with OPC; or
Failure to wear or display required identification or to identify oneself by name and badge number when requested to do so by a member of the public.
To ensure ease of access to its process, OPC has taken steps to facilitate the filing of a complaint.  First, OPC’s office is physically located away from MPD and DCHAPD buildings and stations and other government offices to provide the public with a less intimidating environment in which to file a complaint.  Second, to make it as convenient as possible to file a complaint, complainants may file in person at OPC’s office or at any MPD district station, or they may initiate a complaint by mail, telephone, fax, or e-mail.  Third, to ensure that non-English-speaking residents of and visitors to the District are able to get information about the agency and file complaints, OPC’s information sheet and complaint form have been translated into 13 foreign languages.  Finally, an investigator is always on duty when the agency is open to assist the public with filing complaints, and to interview them in English or Spanish about the allegations in their complaints.

After a complaint is received, the executive director reviews it to confirm that it is in OPC’s jurisdiction, and to determine how to proceed with the processing of the complaint.  If a complaint is outside OPC’s jurisdiction, the executive director refers it to MPD’s Office of Professional Responsibility, DCHAPD, or the appropriate agency for investigation.  Also, if the complaint alleges conduct by an officer that may be criminal in nature, the executive director refers the complaint to the U.S. Attorney for the District of Columbia for possible criminal prosecution of the officer.  For the remaining complaints, the executive director determines whether they should be investigated or mediated. 
 

When a complaint is sent for investigation, it is assigned to one of OPC’s staff investigators.  The investigator interviews the complainant, subject officer, and any witnesses the complainant identifies, in addition to attempting to locate and interview any other police or non-police witnesses who may be able to provide relevant information.  The investigator also collects and reviews other evidence, including MPD documents, hospital records, materials from other sources, the scene of the incident, and any other relevant information.  When the investigation is complete, the investigator drafts an investigative report, which, along with all the evidence gathered in the investigation, is reviewed by a supervisor.  The executive director then reviews the report of the findings of the investigation, and determines if the complaint should be dismissed, which requires the concurrence of one PCB member, or referred to a complaint examiner for review and a decision on the merits of the complaint. 

A flow chart depicting the complaint process is included in Graphic A.  In addition, OPC’s three principal methods of resolving complaints – dismissal, mediation, and complaint examination – are discussed in more detail below:

Graphic A: OPC Complaint Process*
Dismissal
Mediation
Complaint Examination