KLSL Consulting is currently seeking Attorneys for work as Complaint Examiners for the District. If you are interested in this work, we can complete your application, administer the contract, and handle all of the correspondence with the Office of Contracting and Procurement.
COMPLAINT EXAMINER – STATEMENT OF WORK
BACKGROUND
The Office of Police Complaints (OPC) is a District of Columbia agency charged with resolving complaints of misconduct filed by citizens against officers of the Metropolitan Police Department (MPD) and the District of Columbia’s Office of Public Safety (OPS, formerly the D.C. Housing Authority Police Department). As provided by D.C. Code
§ 5-1111(e), after an investigation of alleged MPD or OPS misconduct is completed, the executive director can refer a case to a complaint examiner (contractor) for a decision or “merits determination.” Pursuant to D.C. Code § 5-1112(g)(2), if the MPD or the OPS police chief disagrees with the complaint examiner decision sustaining one or more allegations of police misconduct, the executive director must refer the decision to a panel of three different complaint examiners (contractors) for review. This appeals panel, which is called a “final review panel,” is tasked with determining whether the original merits determination is supported by evidence in the record.
CONTRACTUAL SCOPE
The contractor will adjudicate cases referred by OPC within 120 days of receipt of each case.
The contractor will be responsible for receiving cases via first-class mail; determining if holding any conferences or hearings are needed for a merits determination; holding any necessary conferences and hearings; reporting the status and progress of each complaint examination to OPC upon request; transmitting written decisions to the Executive Director or the Executive Director’s designee; and performing administrative duties essential to the fulfillment of these tasks.
The contractor will be required to: thoroughly review any cases received; identify all legal and factual issues; determine if the case requires a hearing in order to make a merits determination; analyze applicable federal and constitutional law, D.C. law, MPD directives governing officer conduct, and OPC investigative reports; where necessary, conduct pre-hearing conferences and draft memoranda setting forth the parties present, matters discussed, and rulings issued at the conference; conduct evidentiary hearings when the contractor deems a material fact to be in question; take evidence, administer an oath, take testimony, and issue rulings; and draft merits determinations including written findings of fact and conclusions of law with regard to allegations involving police officer misconduct.
Contractors assigned as a complaint examiner on a final review panel case will be required to review the record of a complaint examiner merits determination and determine whether it clearly misapprehends the record and is not supported by substantial, reliable, and probative evidence in that record.
Contractors shall conform to the practices and requirements of regulations governing complaint examination processes, published ar D.C. Mun. Regs. tit. 6A, § 2115-2121___ (2002).
Upon completion of each individual case referred, the contractor shall return all documents pertaining to the case and submit an invoice to the Office of Police Complaints.
REQUIREMENTS
The contractor must, as required by D.C. Code § 5-1106(c), have a general reputation for competence, impartiality, and integrity in the discharge of his or her responsibilities, and may not be a current or former employee of MPD or OPS. The contractor must, pursuant to D.C. Code § 5-1106(c), possess the adequate education, work experience, and competence to perform the functions required of a complaint examiner. This must be demonstrated by substantial litigation or arbitration experience; the legal ability to analyze applicable laws, MPD directives governing officer conduct, and OPC investigative reports; the ability to conduct hearings, including taking evidence and testimony and issuing rulings; and the ability to draft comprehensive written findings of fact and conclusions of law with regard to allegations involving police officer misconduct. The contractor must be a resident of the District of Columbia; be a member in good standing of the District of Columbia Bar; and have been a licensed attorney for at least five years. The contractor must be approved, or previously have been approved, by a majority vote of OPC’s governing body, the Police Complaints Board (PCB), prior to the awarding of a contract. PCB will consider the requirements listed above in determining whether to approve the contractor. The contractor must maintain the above criteria to remain eligible to provide services under this “Statement of Work.”
SUBMITTAL REQUIRMENTS
The contractor shall provide current contact information including e-mail, phone numbers, and a home address. The contractor shall provide either a statement that he or she is currently approved by PCB to perform the duties of a complaint examiner or a cover letter and resume highlighting his or her qualifications, certifications, and relevant past performance.
PERFORMANCE REQUIRMENTS
The contractor is required to render the services as agreed upon by OPC and the contractor.
The contractor shall be responsible for remedying any service that is deemed unacceptable by OPC.
email jobs@klslconsulting.com to apply