June 8, 2020

Ward 3 Update: Policing Reform & Coronavirus Resources

Dear Neighbors,

Tomorrow, the Council will consider emergency legislation to make immediate changes to policing practices in the District. The most expansive of the bills before the Council is the Comprehensive Policing and Justice Reform Emergency Amendment Act. An outline of this bill, of which I am a co-introducer, is available further on in this newsletter. In the outline you will see a number of critical and much-needed changes to the Metropolitan Police Department's (MPD) operations and policing policies, but there is a bigger picture in front of us, a bigger opportunity that we must pursue with permanent legislation.

In the past decade, MPD has made great strides as a department, but a system and framework remains that enables violence and abuses to occur. Emergency legislation is a temporary solution, and the opportunity exists for us to push even further when considering the permanent counterpart to Tuesday's legislation. As I've mentioned before, I'm eager to see permanent legislation address such things as a requirement that MPD refuse military-style policing equipment, limiting qualified immunity, and for the District to undergo a comprehensive review and reduction of low-level misdemeanors. The District is poised to serve as a model for the nation, and I hope that you'll lend your expertise, your ideas, and your voices to the process as we pursue meaningful policing reform in our community.

An area where you can immediately lend your voice is in this year's budget process. The Council is taking a close look at MPD's budget for the upcoming fiscal year, and I'm hopeful that we will be able to identify funding to restore cuts made to vital community violence prevention programs. And, to allow for strong public engagement in this process, the Judiciary Committee has reorganized its hearing schedule to accommodate public witnesses. For anyone interested in participating, please see the sign-up instructions and schedule below:

Committee on the Judiciary and Public Safety: Budget Oversight Hearing on MPD

Tuesday, June 16th, from 12:00 to 6:00 pm

To testify live: to sign-up as a public witness, email [email protected] and provide your name, phone number, organizational affiliation, and title (if any), by close of business on Thursday, June 11th.

To submit testimony:

• By voicemail - submit oral testimony by leaving a voicemail to (202) 350-1362
• By email - email written testimony to [email protected]
• By video - upload a 3-minute video to the Committee's Dropbox Folder

Regards,

Mary

Please see coronavirus.dc.gov for the latest District updates & resources on COVID-19

If you know someone who would like to receive these updates directly, he or she may sign up through marycheh.com or by emailing [email protected]

COVID-19 Testing Now Available at DC Firehouses

Emergency Legislation on Policing Reform

The "Comprehensive Policing and Justice Reform Emergency Amendment Act of 2020" - Tomorrow, June 9th, the Council will consider emergency legislation to enact immediate policing reform in the District. Led by Councilmember Allen, Chair of the Committee on Judiciary & Public Safety, this bill introduces new reforms and codifies existing MPD practices. The draft legislation's main provisions are summarized below:

Prohibiting the Use of Neck Restraints

• Neck restraints are already prohibited by MPD policy, but the current statute permits them in some circumstances. This provision makes the use of neck restraints (also known as “chokeholds”) unlawful

Improving Access to Body-Worn Camera Video Recordings

• Prohibits MPD officers from reviewing body-worn camera (“BWC”) footage to assist in writing initial reports
• Requires the Mayor to release the BWC footage and name of any officer who committed or contributed to an officer-involved death or serious use of force within 72 hours after the incident

Office of Police Complaints Reforms

• Requires that all members of the Police Complaints Board, the Office of Police Complaints’ governing body, be unaffiliated with law enforcement
• Allows the Office of Police Complaints to investigate evidence of abuse or misuse of police powers they identify, even though it may not have been specifically alleged in a complaint; this expanded authority expressly includes circumstances in which an officer failed to (1) intervene in or subsequently report any use of force incident in which they observe another officer —including an MPD officer— using excessive force or engaging in any type of misconduct, or (2) immediately report to their supervisor any violations of rules and regulations committed by another MPD officer

Limitations on “Consent” Searches

• Strengthens procedural justice in cases where a police officer’s search of a person or their vehicle, home, or property is based only on the person’s consent to the search (also known as a “consent” search); under this provision, the officer would have to explain that the person is being asked to consent and that they can refuse the search

Mandatory Continuing Education Expansion; Reconstituting the Police Officers Standards and Training Board

• Requires continuing education for MPD officers on: racism and white supremacy; limiting the use of force; de-escalation tactics; prohibiting the use of neck restraints; obtaining consent from subjects of police consent searches; and the duty to report and information on how to report suspected misconduct by another law enforcement official or MPD officer
• Revives the long-dormant Police Officers Standards and Training Board (POST Board), the District board that establishes minimum application and appointment criteria for MPD officers and reviews MPD’s initial training and continuing education programs
• Expands the POST’s membership to include the Director of the Office of Police Complaints and community representatives appointed by the Mayor with expertise in police oversight, juvenile justice reform, criminal defense, gender-based violence, LGBTQ services, policy, or advocacy, and violence prevention or intervention
• Requires the POST to establish minimum application and appointment criteria for MPD that includes, for applicants with prior service in another law enforcement or public safety agency, a review of any alleged or sustained misconduct or discipline imposed by their prior employer

Identification of MPD Officers during First Amendment Assemblies as Local Law Enforcement

• Requires the uniforms and helmets of MPD officers policing First Amendment assemblies to identify the officers as local law enforcement

Repeal of Law Enforcement Reporting Requirement for Crime Victims Compensation

• Promotes survivor-centered decision-making by repealing the requirement that crime survivors must report the crime they experienced to law enforcement in order to apply for compensation

Enfranchisement for Individuals Serving Felony Sentences in the Care of the Department of Corrections

• Enfranchises individuals currently incarcerated for felonies who are in the Department of Corrections’ (DOC) care
• Requires the Board of Elections to provide every eligible DOC resident with a voter registration form, voter guide, and mail-in ballot for the November 3 General Election

Additional Ways to Support the Protests

Seeking Accountability from the Board of Elections

Clarity on DPR Summer Camps

Summer Camps - Due to safety concerns, the Department of Parks & Recreation (DPR) is unable to provide summer camps during the District's Phase 1 of reopening. Should the District enter into Phase 2 during the summer months, DPR is ready to provide the following summer child programming:

Seven "Slow Streets" Selected

Slow Streets - Today, Mayor Bowser and the District Department of Transportation (DDOT) announced the first seven locations for the new Slow Streets initiative to provide residents with additional space to social distance while outside. Slow Streets are restricted to local traffic only, with a speed limit set to 15 miles per hour to support neighborhood-based safe social distancing while walking, running, or cycling.

The first seven slow zones will be implemented in the following locations:

• Wards 1 and 2: 19th Street, NW (between Dupont Circle and Biltmore Street, NW; plus most of Biltmore and Cliffbourne)
• Ward 3: 36th Street, NW (between Connecticut Avenue and Reno Avenue/Warren Street, NW)
• Ward 4: 8th Street, NW (between Piney Branch/Whittier Street and Missouri Avenue, NW)
• Ward 5: Newton Street, NE (between 12th Street and South Dakota Avenue, NE)
• Ward 6: 12th Street, NE (from East Capitol Street to K Street, NE)
• Ward 7: Grant Street, NE (between Minnesota Avenue and 46th Street, NE)
• Ward 8: 15th Street, SE (from Mississippi Avenue to Savanah Street, SE) and 15th Place, SE (from Alabama Avenue to Bruce Place, SE)

For additional details, please see: Slow Streets DC.

NAACP Resource: Support Black Businesses in DC

Ending this Update on a Happy Note:

Local Teen Runs 200 Miles for COVID-19 Relief

Our Office is Open!

Connect with our staff - While Councilmember Cheh's physical office is closed during the public health emergency, she and her staff are teleworking and will remain accessible for residents.

You may continue to email the office directly or reach us via phone through our main line at (202) 724-8062 with legislative ideas, budget requests, and constituent services requests.

FOLLOW MARY