Part J. District of Columbia Auditor Subpoena and Oath Authority.
§ 1–301.171. Subpoena power.
The District of Columbia Auditor may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records, including books, papers, documents, and any other evidence relating to any matter under investigation by the District of Columbia Auditor.
§ 1–301.172. Refusal to obey subpoena.
(a) In a case of contumacy or refusal to obey a subpoena issued to a person under § 1-301.171, the Auditor may apply to the Superior Court of the District of Columbia for an order requiring the contumacious person to appear relating to the matter under investigation. Failure to obey the Court’s order shall be punishable as contempt of court.
(b) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171, the District of Columbia Auditor may be awarded reasonable attorney fees and other costs of litigation.
(c) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171 and is not awarded reasonable attorney’s fees, the District government agency or instrumentality challenging the enforcement order shall reimburse the District of Columbia Auditor for any litigation-related expenses or costs incurred.
§ 1–301.173. Administration of oaths.
The District of Columbia Auditor, or a delegate authorized by the Auditor, may administer oaths, affirmations, or take affidavits, whenever necessary to perform the duties of the Auditor.
§ 1–301.174. District of Columbia Auditor Legal Fund. [Repealed]
Repealed.
§ 1–301.175. Deputy Auditor for Public Safety.
(a) There is established within the Office of the District of Columbia Auditor the position of Deputy Auditor for Public Safety.
(b) The Deputy Auditor for Public Safety shall be appointed by the Auditor.
(c) In addition to other qualifications the Auditor considers necessary, the Deputy Auditor for Public Safety shall, at a minimum, have knowledge of law enforcement and corrections policies and practices, particularly regarding internal investigations for officer misconduct and uses of force.
§ 1–301.176. Duties of the Deputy Auditor for Public Safety.
The Deputy Auditor for Public Safety shall, in addition to any other responsibilities assigned by the Auditor or by law:
(1) Conduct periodic reviews of the complaint review process and make recommendations, where appropriate, to the Mayor, the Council, and the designated agency principal concerning the status and the improvement of the complaint process and the management of the Metropolitan Police Department ("MPD") and the District of Columbia Housing Authority Police Department ("DCHAPD") affecting the incidence of police misconduct, such as the recruitment, training, evaluation, discipline, and supervision of police officers; and
(2) Periodically review the following with respect to MPD, DCHAPD, or the Office of the Inspector General:
(A) The number, type, and disposition of complaints received, investigated, sustained, or otherwise resolved;
(B) The race, national origin, gender, and age of the complainant, if known, and the subject officer or officers;
(C) The proposed discipline and the actual discipline imposed on a police officer as a result of any sustained complaint;
(D) All use of force incidents, serious use of force incidents, and serious physical injury incidents; and
(E) Any in-custody death.
