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Peter Hermann

A dozen retired D.C. police officers who had been rehired despite having past serious disciplinary records have been told their annual contracts will not be extended beyond the end of April, the department announced Thursday.

The contracts for an additional nine officers hired in a similar fashion also will not be reissued, but for reasons that don’t include discipline, the department said. Those reasons were not provided.

Police officials said the separations were necessary because of a provision in the sweeping Comprehensive Policing and Justice Reform Amendment Act of 2022. It prohibits D.C. police from hiring officers disciplined for serious misconduct by any agency in the past.

D.C. officials would not define the range of misconduct determined to be “serious,” though it would include officers found to have used excessive or unnecessary force. It also covers a wide range of other infractions, such as insubordination, falsifying reports and neglect of duty.

The officers separated came from the Senior Officer Program, which has been around for many years and has been used lately to augment a force that has just over 3,320 sworn members, down from nearly 3,900 in 2014.

The program allows retired officers with at least 25 years of service to temporarily rejoin the force without losing retirement benefits. Their contracts are renewed annually. As of this month, the department said 164 retired officers, 22 sergeants and four detectives were in the program. Retired sergeants and detectives are no longer eligible for the program.

Mayor Muriel E. Bowser (D) told reporters on Thursday that it is her understanding that the law requires an annual review of contractual officers “and that it took away some discretion about [the police department’s] review of qualifications.”

Bowser, noting department staffing has sunk to a <a href="https://www.washingtonpost.com/dc-md-va/2023/04/15/dc-police-staffing-crime/" target="_blank">half-century low</a>, said the officer separations are the “consequence of the change in a law. And we will look at it more closely if we think we need to work with the council to change it.”

Council member Brooke Pinto (D-Ward 2), who chairs the public safety committee, was not available for comment. The separations were first reported by news Channel 4, WRC-TV.

A senior D.C. police official, who spoke on the condition of anonymity to discuss personnel matters, said that in the past authorities used their discretion in hiring retired officers, and weighed past disciplinary matters against later years of performance. “If we thought they were not good officers, they would not have been approved,” the official said.

The Comprehensive Policing and Justice Reform Amendment Act of 2022, dubbed accountability legislation, was crafted after the killing of George Floyd by police in Minneapolis and includes many provisions restricting certain police tactics, expanding public access to disciplinary records and requiring general release of<b> </b>body-camera footage.

In May, President <a href="https://www.washingtonpost.com/dc-md-va/2023/05/25/biden-veto-policing-disapproval/" target="_blank">Biden vetoed a GOP effort,</a> supported by some Democrats, to block the legislation. The president noted the legislation contained “common-sense” changes aimed at enhancing public trust, though he said he did not support all the bill’s provisions.

Greggory Pemberton, the chairman of the D.C. police union, has railed against this bill for years, and on Thursday he issued a statement saying its provisions “continue to wreak havoc on the police department.”

In the statement, Pemberton said that some of the disciplinary infractions being used to terminate these officers “are over 20 years old.” He added, “These officers represent a collective experience of over 300 years in law enforcement, and their contributions have been critical to the safety and security of our city.”

The union chair said the police force “cannot afford to lose any more members than we have already suffered.”

Marquette University, BA in journalism, communications

Peter Hermann covers crime for The Washington Post. He previously worked for the Baltimore Sun for 22 years, covering a Baltimore suburb and then the Baltimore Police Department.

D.C. police not renewing contractual officers disciplined in the past

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