METRO. POLICE v. PUB. EMPLOYEE RELATIONS

No. 19-CV-1161.

301 A.3d 714 (2023)

District of Columbia METROPOLITAN POLICE DEPARTMENT, Appellant, v. District of Columbia PUBLIC EMPLOYEE RELATIONS BOARD, et al., Appellees.

District of Columbia Court of Appeals.

Decided September 7, 2023.


Attorney(s) appearing for the Case

Carl J. Schifferle , Deputy Solicitor General, with whom Karl A. Racine , Attorney General for the District of Columbia at the time the briefs was filed, Loren L. AliKhan , Solicitor General at the time the brief was filed, Caroline S. Van Zile , Principal Deputy Solicitor General at the time the brief was filed, and Graham E. Phillips , Assistant Attorney General at the time the brief was filed, were on the brief, for appellant.

Geoffrey H. Simpson , with whom Bruce A. Fredrickson , Washington, DC, was on the brief, for appellee District of Columbia Public Employee Relations Board.

Daniel J. McCartin , with whom Anthony M. Conti , Baltimore, MD, was on the brief, for appellee Fraternal Order of Police/Metropolitan Police Department Labor Committee.

Before Beckwith and Deahl, Associate Judges, and Fisher, Senior Judge.


The Metropolitan Police Department ("MPD") challenges a decision of the Public Employee Relations Board ("PERB") arising from MPD's efforts to terminate one of its officers. Construing D.C. Code § 5-1031 and its tolling provision, an arbitrator found that MPD waited too long to serve notice of the proposed disciplinary...

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