D.C. police misconduct reviews shut down for much of 2011

Police misconduct allegations in the District went unresolved for much of 2011, The Washington Examiner has learned.

The Office of Police Complaints, which probes accusations like harassment and the use of excessive force, acknowledged that an intergovernmental squabble kept it from administering its independent review process for most of last year and into January, forcing complainants and officers alike to wait longer for answers.

Although most allegations are dismissed, referred to another agency or mediated, the Office of Police Complaints refers some to complaint examiners -- outside attorneys who act as arbiters -- for adjudication. The last decision issued by an examiner came on April 29, 2011. That judgment, which upheld a harassment claim, capped the activity of the examiners at four cases in 2011. There were 14 rulings in 2010. said late Wednesday. "Since working on this contract, OCP has completed a thorough evaluation of how we do business and made significant changes."

The program resumed on Jan. 9 under a new approach: administration by employees within the Police Complaints Office, which Klossner said saved money but didn't necessarily improve the process.

"It saves in that it's not a financial outlay, but it puts substantial stress on the staff," Klossner said.

Since the program restarted, examiners have heard four cases. Decisions are pending.

"We had cases where we had ... reasonable cause to believe misconduct had occurred and then had to hold on to the case," Christian Klossner, deputy director of the Office of Police Complaints, told The Examiner.

Johnny Barnes, executive director of D.C.'s chapter of the American Civil Liberties Union, said a delayed review process delayed justice.

"The police cannot and will not police themselves," Barnes said. "If that board isn't functioning and cannot function, then there is likely no way to seek and find justice when citizens have complaints."

The process that ultimately forced the moratorium began in 2010, when the Office of Contracting and Procurement wanted to open for bidding the contract to administer the examination program. D.C. received no acceptable bids, and after the decision that was issued in April, the program was put on hold. "We had no mechanism by which to administer the program," Klossner said.

That set off a long struggle. "We spent several frustrating months not getting an answer on how we were going to move forward," Klossner said of his staff's interactions with contracting officials.

Meanwhile, cases lingered. By October,investigators had nine cases ready for review.

The turning point, Klossner said, came when his office complained to the contracting office's acting director.

"Then we had lots of help," Klossner recalled. "It definitely lit fires."

In a statement, the contracting office said the episode sparked reforms.

"There were obstacles that caused delays," spokeswoman Lauren Stephens spokeswoman Lauren Stephens said late Wednesday. "Since working on this contract, OCP has completed a thorough evaluation of how we do business and made significant changes."

The program resumed on Jan. 9 under a new approach: administration by employees within the Police Complaints Office, which Klossner said saved money but didn't necessarily improve the process.

"It saves in that it's not a financial outlay, but it puts substantial stress on the staff," Klossner said.

Since the program restarted, examiners have heard four cases. Decisions are pending.