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METRO. POLICE v. PUBLIC EMPLOYEE RELATIONS

No. 14-CV-846.

144 A.3d 14 (2016)

DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT, Appellant, v. DISTRICT OF COLUMBIA PUBLIC EMPLOYEE RELATIONS BOARD, Appellee, and Fraternal Order of Police Metropolitan Police Department Labor Committee, Intervenor.

District of Columbia Court of Appeals.

Decided August 4, 2016.

Attorney(s) appearing for the Case

Donna M. Murasky , Senior Assistant Attorney General, with whom Karl A. Racine , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, and Loren L. AliKhan , Deputy Solicitor General, were on the brief, for appellant.

Geoffrey H. Simpson , Washington, DC, with whom Bruce A. Fredrickson and Cedar P. Carlton were on the brief, for appellee.

Marc L. Wilhite , Washington, DC, for intervenor.

Before FISHER and BECKWITH, Associate Judges, and STEADMAN, Senior Judge.

The Metropolitan Police Department (MPD) proposed to terminate the employment of an officer because of off-duty misconduct. However, an adverse action panel (AAP), after a hearing, recommended a penalty of only a thirty-day suspension. The issue before us is whether the MPD was nonetheless free to reject that recommendation...

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