District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-1100 Compare Versions

Only one version of the bill is available at this time.

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4	4	______________________________1
5	5	Chairman Phil Mendelson 2
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9	9	A PROPOSED RESOLUTION 6
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14	14	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
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20	20	To adopt the findings, conclusions, and recommendations from the Committee Report of the Ad 17
21	21	Hoc Committee In Re: Trayon White, Sr., and to expel Councilmember Trayon White, 18
22	22	Sr. from the Council for the conduct referenced in the Committee Report that violated 19
23	23	D.C. Official Code §1-1162.23 and D.C. Official Code §1-618.01, in addition to Council 20
24	24	Rule 202(a) and several provisions of the Council’s Code of Official Conduct, and the 21
25	25	District’s Ethics Act. 22
26	26	23
27	27	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 24
28	28	resolution may be cited as the “Expulsion of Councilmember Trayon White, Sr. Resolution of 25
29	29	2024”. 26
30	30	Sec. 2. On August 18, 2024, the Federal Bureau of Investigation (“FBI”) arrested 27
31	31	Councilmember Trayon White, Sr. pursuant to a federal criminal complaint charging him with 28
32	32	one count of bribery in violation of 18 U.S.C. § 201(b)(2). A Grand Jury for the District of 29
33	33	Columbia returned an indictment charging Councilmember White with violating 18 U.S.C. § 30
34	34	201(b)(2) (bribery) on September 5, 2024. Councilmember White was arraigned on September 31
35	35	12, 2024, and entered a plea of not guilty. That charge remains pending, with a trial scheduled to 32
36	36	commence in January 2026. 33
37	37	Sec. 3. (a) An ad hoc committee (the “Committee”) was established by memorandum of 34
38	38	Council Chairman Phil Mendelson on August 23, 2024. Pursuant to Rule 651(c), the Committee 35
39	39	was charged with: (1) investigating allegations that Councilmember Trayon White, Sr. engaged 36
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42	42	in bribery and violated residency requirements, and (2) reporting its findings and penalty 37
43	43	recommendations, if any, to the Council within 45 days of being convened. Resolution 25-634, 38
44	44	the “Council Period 25 Rules of Organization and Procedure and Appointment of Committee 39
45	45	Chairpersons and Membership Amendment Resolution of 2024” authorized the Committee to 40
46	46	investigate “whether Councilmember Trayon White violated the law by residing in a ward other 41
47	47	than Ward 8 or violated the Code of Conduct, as that term is defined in section 101(7) of the 42
48	48	Board of Ethics and Government Accountability Establishment and Comprehensive Ethics 43
49	49	Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official 44
50	50	Code § 1-1161.01(7)), or Council Rules, including those provisions of the Code of Conduct or 45
51	51	the Council Rules that relate to conflicts of interest, taking any action that adversely affects the 46
52	52	confidence of the public in the integrity of the District government, outside activities, use of 47
53	53	government resources, or acting solely in the public interest.” 48
54	54	(b) The Committee engaged outside counsel (“Latham and Watkins, LLP” or “Latham”) 49
55	55	to conduct an investigation. Councilmember White declined through counsel to be interviewed 50
56	56	by outside counsel. Councilmember White also declined through counsel to appear before the 51
57	57	Committee, both prior to and after the completion of outside counsel’s investigative report. 52
58	58	Sec. 4. (a) On December 16, 2024, the Committee unanimously approved to recommend 53
59	59	to the Council the sanction of expulsion of Councilmember Trayon White, Sr. and approved the 54
60	60	Committee Report. 55
61	61	(b) The Committee adopted the findings of the report prepared by outside counsel 56
62	62	retained in this matter, including the determination that substantial evidence in totality exists to 57
63	63	support violations of D.C. Official Code §1-1162.23 and D.C. Official Code §1-618.01, 58
64	64	magnified by violations of Rule 202(a) of the Rules of the Council for Council Period 25 and 59
65	65	various rules of the Council’s Code of Conduct. 60
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68	68	Sec. 5. D.C. Official Code Violations 61
69	69	(a) D.C. Official Code §1-1162.23 prohibits an employee from using his or her 62
70	70	official position or title, or personally and substantially participating, through decision, approval, 63
71	71	disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial 64
72	72	or other proceeding, application, request for a ruling or other determination, contract, claim, 65
73	73	controversy, charge, accusation, arrest, or other particular matter, or attempting to influence the 66
74	74	outcome of a particular matter, in a manner that the employee knows is likely to have a direct 67
75	75	and predictable effect on the employee’s financial interests or the financial interests of a person 68
76	76	closely affiliated with the employee. See also Rule I(a) of the Council’s Code of Conduct for 69
77	77	Period 25. 70
78	78	(b) D.C. Official Code §1-618.01 requires each employee, member of a board or 71
79	79	commission, and public official of the District government to at all times maintain a high level of 72
80	80	ethical conduct in connection with the performance of official duties, and to refrain from taking, 73
81	81	ordering, or participating in any official action which would adversely affect the confidence of 74
82	82	the public in the integrity of the District government. 75
83	83	(c) Councilmember White’s June 26, 2024 and July 17, 2024 meetings with an FBI 76
84	84	confidential human source (“CHS 1”) where Councilmember White accepted a $15,000 cash 77
85	85	payment from CHS 1, discussed plans to meet with District government employees based on 78
86	86	CHS 1’s payment, discussed other opportunities to help CHS 1 secure further business with 79
87	87	District agencies, accepted CHS 1’s offer of a 3% kickback of each contract or grant’s value that 80
88	88	Councilmember White assisted in securing, and discussing potential expansion of his and CHS 81
89	89	1’s enterprise into the mental healthcare and housing sectors are consistent with a violation of the 82
90	90	statutes in subsections (a) and (b) of this section as established by the Latham report. 83
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94	94	Sec. 6. Council Rules and Code of Conduct Violations. 85
95	95	(a) Rule I(e)(1) prohibits an employee from receiving any compensation, salary, or 86
96	96	contribution to salary, gratuity, or any other thing of value from any source other than the 87
97	97	District government for the employee’s performance of official duties. 88
98	98	(b) Rule II(a)(1) provides that no employee shall engage in outside employment or 89
99	99	private activities that conflicts or would appear to conflict with the fair, impartial, and objective 90
100	100	performance of the employee’s official duties and responsibilities or with the efficient operation 91
101	101	of the Council. 92
102	102	(c) Rule II(c)(1)(A) and (B) prohibits an employee from representing another person, 93
103	103	having a financial interest, or providing assistance in prosecuting a claim against the District of 94
104	104	Columbia before any regulatory agency or court of the District of Columbia, or from 95
105	105	representing another person before any regulatory agency or court of the District of Columbia in 96
106	106	a matter in which the District of Columbia is a party or has a direct and substantial interest. 97
107	107	(d) Rule III(e)(2) provides that, except as provided in Rule IV, no employee shall 98
108	108	directly or indirectly demand, seek, receive, accept, or agree to receive or accept anything of 99
109	109	value personally or for any other person or entity, in return for: 100
110	110	(1) Any official act performed or to be performed by the employee; 101
111	111	(2) Being influenced in the performance of any official act; 102
112	112	(3) Being influenced to commit or aid in committing, or to collude in, or allow, any 103
113	113	fraud, or make opportunity for the commission of any fraud, on the District of Columbia; or 104
114	114	(4) Being induced to do or omit to do any act in violation of the employee’s official 105
115	115	duty. 106
116	116	(e) Rule VI(b)(1) and (3) state that an employee may not knowingly use the prestige 107
117	117	of office or public position for that employee’s private gain or that of another, and that Council 108
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120	120	employees shall not use or permit the use of their position or title or any authority associated 109
121	121	with their public office in a manner that could reasonably be construed to imply that the Council 110
122	122	sanctions or endorses the personal or business activities of another, unless the Council has 111
123	123	officially sanctioned or endorsed the activities. 112
124	124	(f) (1) On 4 separate occasions between June 2024 and August 2024, Councilmember 113
125	125	White accepted cash payments from CHS 1. 114
126	126	(2) The cash payments described in paragraph (1) of this subsection totaled 115
127	127	$35,000. 116
128	128	(3) Councilmember White knew at the time of accepting these cash payments that 117
129	129	CHS 1 operated several businesses holding or seeking contracts or grants with the District of 118
130	130	Columbia, or that CHS 1 had received subcontracts or subgrants from businesses that contracted 119
131	131	with the District of Columbia. 120
132	132	(4) Councilmember White accepted those cash payments in exchange for agreeing 121
133	133	to meet with and influence various government officials to ensure the contracts of CHS 1’s 122
134	134	organizations would be renewed. 123
135	135	(5) Councilmember White agreed to accept $156,000 in undisclosed kickbacks 124
136	136	and cash payments in exchange for using his official position as a Councilmember to help 125
137	137	organizations obtain or retain contracts or grants with District agencies. 126
138	138	(6) Councilmember White reviewed a ledger with CHS 1 that outlined profits he 127
139	139	expected to receive for his continued work, including a 3% cut for grant renewals he helped 128
140	140	secure. 129
141	141	(7) Councilmember White confirmed that he had contacted government 130
142	142	employees to discuss contract renewal, and stated he discussed contracts over which CHS 1 had 131
143	143	a direct interest. 132
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146	146	(8) Councilmember White met with Department of Youth Rehabilitation Services 133
147	147	(“DYRS”) and Office of Neighborhood Safety and Engagement (“ONSE”) officials within days 134
148	148	of his multiple meetings with CHS 1 in July 2024 and he asserted to CHS 1 that he had held such 135
149	149	meetings and discussed with those DYRS and ONSE officials matters over which the CHS 1 had 136
150	150	a direct interest. 137
151	151	(9) The facts asserted above are consistent with a violation of the Council 138
152	152	Conduct Rules described in subsections (a) through (e) of this section as established by the 139
153	153	Latham report 140
154	154	Sec. 6. The Council adopts the findings and recommendations in the December 16, 2024 141
155	155	report of the Ad Hoc Committee. 142
156	156	Sec. 7. To maintain the confidence of the public in the integrity of the legislative branch of 143
157	157	government, the Council: 144
158	158	(1) Expresses its disapproval of the actions of Councilmember Trayon White, Sr. 145
159	159	as detailed in the December 16, 2024 report of the Ad Hoc Committee; 146
160	160	(2) Notes that the degree and severity of Councilmember White’s actions, including 147
161	161	his discussions of maintaining and his expressed desire to expand the activities detailed in the 148
162	162	Committee Report essentially amount to an attempt to defraud the government and demonstrates 149
163	163	a particularly callous disregard for the potential effect on the Council as an institution, as well as 150
164	164	the District government as a whole; and 151
165	165	(3) Hereby expels Councilmember Trayon White Sr. for committing acts in 152
166	166	violation of D.C. Official Code §1-1162.23 and D.C. Official Code §1-618.01, the gravity of which 153
167	167	is underscored by acts committed in violation of the standards specified in the Council’s Conduct 154
168	168	Rules and the District’s Ethics Act. 155
169	169	Sec. 8. The Council shall transmit a copy of this resolution, upon its adoption, to 156
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172	172	Councilmember Trayon White, Sr. 157
173	173	Sec. 9. This resolution shall take effect immediately. 158