October 7, 2004

Public Hearing on Bill 15-968 – “First Amendment Rights and Police Standards Act of 2004”

Finally, I am somewhat concerned that a strict interpretation of Section 206 could preclude MPD members, including our civilian employees, from participating in First Amendment activities on their own time. This section seems to establish a requirement that MPD members must have a “legitimate law enforcement objective” before they can attend a meeting or participate in an event on their own time that is related to the exercise of First Amendment rights. I would recommend that this language be clarified.

In closing, I think it is important to point out that all of us – the Metropolitan Police Department, this Committee and the full Council, indeed the entire community – share the same basic goals: to defend and protect the First Amendment rights of all citizens, while also ensuring the safety and security of our city and its residents, workers, business owners and visitors. While these two goals are seldom in conflict, when such a conflict does arise, it is generally the police who have the difficult job of balancing the competing interests and ensuring the peace.

This is a responsibility that the Metropolitan Police Department takes very seriously. As I mentioned earlier, we recognize our unique role as defenders of the Constitution, and we plan, we train and we perform to the best of our ability in fulfilling that role. Are we perfect? No. But are we among the best in the country when it comes to managing the full range of demonstrations and special events that occur in a city such as Washington, DC? Yes. And are we constantly exploring new ways to improve our performance? Absolutely.

To the extent that this legislation moves us forward in our efforts at continuous improvement, we support the bill. But in those areas where we believe the proposed legislation could hinder our ability to safeguard rights and protect life and property, then we must respectfully disagree. I would hope that the Committee will take a careful look at our recommendations. My staff is available to work with you on implementing any amendments that could strengthen this legislation.

Thank you very much.

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