District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill PR26-0001 Compare Versions

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11 _____________________________ 1
22 Chairman Phil Mendelson 2
33 3
44 4
55 5
66 A RESOLUTION 6
77 7
88 _________ 8
99 9
1010 10
1111 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
1212 12
1313 __________________ 13
1414 14
1515 15
1616 To provide rules of organization and procedure for the Council of the District of Columbia, a 16
1717 Code of Official Conduct for the Council of the District of Columbia, and a Sexual 17
1818 Harassment Policy for the Council of the District of Columbia during Council Period 26. 18
1919 19
2020 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
2121 resolution may be cited as the “Rules of Organization and Procedure for the Council of the 21
2222 District of Columbia, Council Period 26, Resolution of 2025”. 22
2323 Sec. 2. The document entitled “Rules of Organization and Procedure for the Council of 23
2424 the District of Columbia, Council Period 26,” attached and made a part of this resolution, shall 24
2525 be the rules of the Council of the District of Columbia. 25
2626 Sec. 3. The document entitled “Council of the District of Columbia, Code of Official 26
2727 Conduct, Council Period 26,” attached and made a part of this resolution shall be the Code of 27
2828 Official Conduct of the Council of the District of Columbia. 28
2929 Sec. 4. The document entitled “Sexual Harassment Policy” attached and made a part of 29
3030 this resolution shall be the Sexual Harassment Policy of the Council of the District of Columbia. 30
3131 Sec. 5. This resolution shall take effect immediately. 31
3232
3333
3434
3535
3636
3737 RULES OF ORGANIZATION AND
3838 PROCEDURE FOR THE COUNCIL OF
3939 THE DISTRICT OF COLUMBIA
4040
4141
4242
4343 COUNCIL PERIOD 26
4444 TABLE OF CONTENTS
4545
4646 ARTICLE I—DEFINITIONS. .................................................................................................... 9
4747 101. DEFINITIONS. ................................................................................................................... 9
4848 ARTICLE II—ORGANIZATION. ........................................................................................... 13
4949 A. OATH OF OFFICE AND OFFICIAL CONDUCT. ............................................................ 13
5050 201. OATH OF OFFICE. ......................................................................................................... 13
5151 202. CODE OF OFFICIAL CONDUCT AND COUNCIL POLICIES. .................................. 13 COUNCIL RULES, PERIOD XXV I
5252
5353 2
5454
5555 B. EXECUTIVE OFFICERS OF THE COUNCIL. ................................................................. 14
5656 211. CHAIRMAN. .................................................................................................................... 14
5757 212. CHAIRMAN PRO TEMPORE. ....................................................................................... 14
5858 213. VACANCY IN OFFICE OF CHAIRMAN. ..................................................................... 15
5959 C. COMMITTEE MEMBERSHIP. .......................................................................................... 15
6060 221. SELECTION. .................................................................................................................... 15
6161 222. CHAIRMAN AS EX OFFICIO MEMBER. .................................................................... 15
6262 223. VACANCIES. ................................................................................................................... 15
6363 224. DISTRIBUTION OF RESPONSIBILITY. ...................................................................... 15
6464 225. PARTICIPATION OF MEMBERS IN COMMITTEE MEETINGS. ............................. 15
6565 226. RULES OF COMMITTEES. ............................................................................................ 16
6666 227. COMMITTEE-ACTIVITY REPORT. ............................................................................. 17
6767 D. STANDING COMMITTEES. ............................................................................................. 17
6868 231. COMMITTEE OF THE WHOLE. ................................................................................... 17
6969 232. COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT. ......................... 19
7070 233. COMMITTEE ON EXECUTIVE ADMINISTRATION AND LABOR. ........................ 20
7171 234. COMMITTEE ON FACILITIES. ..................................................................................... 21
7272 235. COMMITTEE ON HEALTH. .......................................................................................... 22
7373 236. COMMITTEE ON HOUSING. ........................................................................................ 22
7474 237. COMMITTEE ON HUMAN SERVICES. ....................................................................... 23
7575 238. COMMITTEE ON THE JUDICIARY AND PUBLIC SAFETY. ................................... 23
7676 239. COMMITTEE ON PUBLIC WORKS AND OPERATIONS. ......................................... 24
7777 240. COMMITTEE ON TRANSPORTATION AND THE ENVIRONMENT. ..................... 25
7878 241. COMMITTEE ON YOUTH AFFAIRS. .......................................................................... 26
7979 E. CREATION OF SUBCOMMITTEES. ................................................................................ 26
8080 245. SUBCOMMITTEES. ........................................................................................................ 26
8181 F. SPECIAL COMMITTEES AND SPECIAL PROJECTS. ................................................... 26
8282 251. SPECIAL COMMITTEES. .............................................................................................. 26
8383 252. SPECIAL PROJECTS. ..................................................................................................... 27
8484 G. APPOINTED OFFICERS OF THE COUNCIL. ................................................................. 27
8585 261. APPOINTMENT OF OFFICERS. ................................................................................... 27 COUNCIL RULES, PERIOD XXV I
8686
8787 3
8888
8989 262. SECRETARY. .................................................................................................................. 27
9090 263. GENERAL COUNSEL. ................................................................................................... 28
9191 264. BUDGET DIRECTOR. .................................................................................................... 29
9292 H. COUNCIL PERSONNEL AND APPOINTMENTS. .......................................................... 29
9393 271. SUBORDINATE STAFF OF APPOINTED OFFICERS. ............................................... 29
9494 272. COMMITTEE STAFF. ..................................................................................................... 29
9595 273. COUNCILMEMBERS’ PERSONAL STAFF. ................................................................ 29
9696 274. SEPARATION PAY AND BUDGET ACCOUNTING. ................................................. 30
9797 275. COUNCIL APPOINTMENT TO OTHER BODIES. ...................................................... 30
9898 276. APPOINTMENT BY COMMITTEES AND MEMBERS. ............................................. 30
9999 277. RESIDENCY REQUIREMENT FOR APPOINTMENTS. ............................................. 31
100100 I. COMPUTING TIME, CIRCULATION, AND FILING REQUIREMENTS. ...................... 31
101101 281. COMPUTING TIME. ....................................................................................................... 31
102102 282. FILING WITH THE SECRETARY. ................................................................................ 32
103103 283. CIRCULATION TO MEMBERS AND COMMITTEES. ............................................... 33
104104 ARTICLE III—PROCEDURES FOR MEETINGS. .............................................................. 33
105105 A. LEGISLATIVE MEETINGS. .............................................................................................. 33
106106 301. ORGANIZATIONAL MEETING. ................................................................................... 33
107107 302. REGULAR MEETINGS. ................................................................................................. 33
108108 303. ADDITIONAL AND SPECIAL MEETINGS. ................................................................. 34
109109 304. QUORUM. ........................................................................................................................ 34
110110 305. HEARING THE MAYOR. ............................................................................................... 35
111111 306. RECESS. ........................................................................................................................... 35
112112 307. COUNCIL REVIEW OF CONTRACTS. ........................................................................ 36
113113 308. POLICY AND ECONOMIC IMPACT ANALYSES. ..................................................... 36
114114 309. FISCAL IMPACT STATEMENTS. ................................................................................. 37
115115 310. LEGAL SUFFICIENCY DETERMINATIONS. ............................................................. 38
116116 311. RACIAL EQUITY IMPACT ASSESSMENTS. .............................................................. 39
117117 312. PRESENTATION OF LEGISLATION TO THE COUNCIL. ......................................... 41
118118 313. [RESERVED]. .................................................................................................................. 41
119119 314. EXPEDITED OPTIONAL PROCEDURE FOR REVENUE BONDS AND REVIEW
120120 RESOLUTIONS. ...................................................................................................................... 41
121121 B. ORDER OF BUSINESS FOR MEETINGS. ....................................................................... 42 COUNCIL RULES, PERIOD XXV I
122122
123123 4
124124
125125 315. ORDER OF BUSINESS FOR REGULAR MEETINGS. ................................................ 42
126126 316. ORDER OF BUSINESS FOR ADDITIONAL AND SPECIAL MEETINGS. ............... 43
127127 317. PROCEEDING OUT OF ORDER. .................................................................................. 43
128128 C. RULES OF DECORUM. ..................................................................................................... 43
129129 321. DECORUM OF MEMBERS. ........................................................................................... 43
130130 322. DECORUM OF MEMBERS OF THE PUBLIC. ............................................................. 44
131131 D. RULES OF DEBATE. ......................................................................................................... 45
132132 331. OBTAINING THE FLOOR. ............................................................................................ 45
133133 332. TIME LIMITS FOR DEBATE. ........................................................................................ 45
134134 333. PERSONAL PRIVILEGE. ............................................................................................... 45
135135 334. APPEAL. .......................................................................................................................... 45
136136 335. POINT OF ORDER. ......................................................................................................... 45
137137 336. PARLIMENTARY INQUIRY. ........................................................................................ 46
138138 337. RECOGNITION OF NON-MEMBERS. ......................................................................... 46
139139 E. MOTIONS. ........................................................................................................................... 46
140140 341. MOTIONS RECOGNIZED DURING DEBATE. ........................................................... 46
141141 342. WITHDRAWAL OR MODIFICATION OF MOTIONS. ............................................... 47
142142 343. ADJOURN. ....................................................................................................................... 47
143143 344. RECESS. ........................................................................................................................... 47
144144 345. RECONSIDER. ................................................................................................................ 47
145145 346. LAY ON THE TABLE. .................................................................................................... 48
146146 347. MOTION TO MOVE THE PREVIOUS QUESTION. .................................................... 49
147147 348. MOTION TO CLOSE DEBATE. ..................................................................................... 49
148148 349. POSTPONE TO A CERTAIN TIME. .............................................................................. 49
149149 350. RECOMMIT. .................................................................................................................... 49
150150 351. AMEND. ........................................................................................................................... 50
151151 352. POSTPONE INDEFINITELY. ......................................................................................... 50
152152 353. DISCHARGE. ................................................................................................................... 50
153153 354. TAKE FROM THE TABLE. ............................................................................................ 50
154154 F. AMENDMENTS. ................................................................................................................. 51
155155 355. AMENDMENTS TO BE WRITTEN. .............................................................................. 51
156156 356. GERMANE AMENDMENTS. ......................................................................................... 51
157157 357. FRIENDLY AMENDMENTS. ......................................................................................... 52 COUNCIL RULES, PERIOD XXV I
158158
159159 5
160160
161161 358. AMENDMENT IN THE NATURE OF A SUBSTITUTE. ............................................. 52
162162 G. VOTING. ............................................................................................................................. 52
163163 361. FORM OF VOTE. ............................................................................................................ 52
164164 362. VOICE VOTES. ............................................................................................................... 53
165165 363. DEMAND FOR ROLL-CALL VOTE. ............................................................................ 53
166166 364. CALLING THE ROLL. .................................................................................................... 53
167167 365. RECORDS OF VOTES. ................................................................................................... 53
168168 366. TAX ABATEMENT FINANCIAL ANALYSIS (TAFA) ............................................... 53
169169 367. PROXY VOTING PROHIBITED. ................................................................................... 54
170170 368. SUMMONS OF MEMBERS. ........................................................................................... 54
171171 H. OPEN MEETINGS. ............................................................................................................. 54
172172 371. OPEN MEETINGS, GENERALLY. ................................................................................ 54
173173 372. MEETINGS DEEMED OPEN. ........................................................................................ 55
174174 373. NOTICE OF MEETINGS. ................................................................................................ 55
175175 374. RECORD OF MEETINGS. .............................................................................................. 56
176176 375. EXCEPTIONS TO OPEN MEETINGS. .......................................................................... 57
177177 376. CLOSED MEETINGS ...................................................................................................... 58
178178
179179 ARTICLE IV—LEGISLATION. .............................................................................................. 59
180180 A. INTRODUCTION OF LEGISLATION. ............................................................................. 59
181181 401. WHO MAY INTRODUCE. .............................................................................................. 59
182182 402. MANNER OF INTRODUCTION. ................................................................................... 60
183183 403. READING INTRODUCTIONS. ...................................................................................... 60
184184 404. COMMITTEE REFERRAL. ............................................................................................ 61
185185 405. COMMENTS BY EXECUTIVE. ..................................................................................... 61
186186 406. WITHDRAWAL OF LEGISLATION. ............................................................................ 61
187187 407. COMMITTEE APPROVAL ............................................................................................. 62
188188 B. COUNCIL APPROVAL. ..................................................................................................... 62
189189 411. CONSENT AGENDA. ..................................................................................................... 62
190190 412. EMERGENCY LEGISLATION. ..................................................................................... 63
191191 413. TEMPORARY LEGISLATION. ...................................................................................... 64
192192 414. TECHNICAL-AMENDMENT LEGISLATION. ............................................................ 64
193193 415. ENACTMENT LEGISLATION. ...................................................................................... 64 COUNCIL RULES, PERIOD XXV I
194194
195195 6
196196
197197 416. VETOED LEGISLATION. .............................................................................................. 65
198198 417. TRANSMISSION OF ACTS. ........................................................................................... 65
199199 418. EFFECT OF END OF COUNCIL PERIOD. ................................................................... 66
200200 C. NOTICE AND PUBLICATION OF INTENDED ACTIONS. ........................................... 66
201201 421. GENERAL NOTICE BY PUBLICATION OF INTENDED ACTIONS AND
202202 HEARINGS. ............................................................................................................................. 66
203203 422. PERSONAL SERVICE OR ACTUAL NOTICE. ............................................................ 67
204204 423. METHODS OF NOTICE. ................................................................................................ 68
205205 424. NOTICE OF EMERGENCY ACTIONS. ......................................................................... 68
206206 425. NOTICE OF TEMPORARY LEGISLATION. ................................................................ 69
207207 426. NOTICE OF WAIVER OF RULE 231(c). ....................................................................... 69
208208 427. CEREMONIAL RESOLUTIONS. ................................................................................... 70
209209 428. NOTICE AND PUBLICATION OF ADOPTED LEGISLATION. ................................. 70
210210 429. NOTICE OF NEW BUSINESS. ....................................................................................... 70
211211 430. NOTICE OF COMMITTEE MEETINGS. ....................................................................... 70
212212 ARTICLE V—HEARING PROCEDURES. ............................................................................ 71
213213 A. PROCEDURES FOR HEARINGS. ..................................................................................... 71
214214 501. AUTHORITY TO CALL HEARINGS. ........................................................................... 71
215215 502. QUORUM. ........................................................................................................................ 71
216216 503. PARTICIPATION BY MEMBERS. ................................................................................ 71
217217 504. WITNESSES AT A PUBLIC HEARING. ....................................................................... 72
218218 B. RECEIVING TESTIMONY. ............................................................................................... 72
219219 511. QUESTIONING WITNESSES. ....................................................................................... 72
220220 512. DECORUM OF WITNESSES. ........................................................................................ 72
221221 C. RIGHTS OF WITNESSES. ................................................................................................. 72
222222 521. RIGHT TO COUNSEL. .................................................................................................... 72
223223 522. RIGHT TO MAKE OPENING STATEMENT. ............................................................... 73
224224 D. RECORD OF HEARINGS. ................................................................................................. 73
225225 531. HEARING RECORDS, REQUIRED. .............................................................................. 73
226226 532. CLOSE OF RECORD. ..................................................................................................... 73 COUNCIL RULES, PERIOD XXV I
227227
228228 7
229229
230230 ARTICLE VI—INVESTIGATIONS AND SUBPOENAS. .................................................... 74
231231 A. PROCEDURES FOR INVESTIGATIONS USING SUBPOENAS. .................................. 74
232232 601. RESOLUTION AUTHORIZING THE USE OF SUBPOENAS IN AN
233233 INVESTIGATION. ................................................................................................................... 74
234234 602. NOTICE OF INVESTIGATION. ..................................................................................... 74
235235 603. REPORT OF INVESTIGATION. .................................................................................... 74
236236 604. TESTIMONY UNDER OATH. ........................................................................................ 74
237237 605. ISSUING THE OATH. ..................................................................................................... 74
238238 606. DEPOSITIONS. ................................................................................................................ 75
239239 B. SUBPOENAS. ..................................................................................................................... 75
240240 611. ISSUANCE OF SUBPOENAS. ....................................................................................... 75
241241 612. REPORT TO SECRETARY REGARDING USE OF SUBPOENA. .............................. 75
242242 613. SERVICE OF SUBPOENAS. .......................................................................................... 75
243243 614. ENFORCEMENT OF SUBPOENAS. ............................................................................. 75
244244 C. RIGHTS OF WITNESSES. ................................................................................................. 76
245245 621. RIGHT TO ASSERT PRIVILEGES. ............................................................................... 76
246246 622. NOTIFICATION OF RIGHTS. ........................................................................................ 76
247247 623. RIGHT TO TRANSCRIPT. ............................................................................................. 76
248248 624. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS. .................. 76
249249 625. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS. .................................... 76
250250 D. REPRIMAND, CENSURE, AND EXPULSION PROCEDURES. .................................... 77
251251 651. ESTABLISHING AN AD HOC COMMITTEE. ............................................................. 77
252252 652. AD HOC COMMITTEE PROCEDURES. ...................................................................... 78
253253 653. COUNCIL CONSIDERATION OF REPORT. ................................................................ 80
254254 654. REPRIMAND. .................................................................................................................. 81
255255 655. CENSURE AND EXPULSION. ...................................................................................... 81
256256 ARTICLE VII—BUDGET PROCEDURES. ........................................................................... 82
257257 A. BUDGET REVIEW PROCEDURES. ................................................................................. 82
258258 701. ROLE OF THE COMMITTEE OF THE WHOLE. ......................................................... 82
259259 702. BUDGET-REVIEW SCHEDULE. ................................................................................... 82
260260 703. ROLE OF COUNCIL COMMITTEES. ........................................................................... 83 COUNCIL RULES, PERIOD XXV I
261261
262262 8
263263
264264 704. COMMITTEE OF THE WHOLE CONSIDERATION OF PROPOSED BUDGET. ..... 84
265265 705. COUNCIL CONSIDERATION OF THE BUDGET. ...................................................... 84
266266 B. REPROGRAMMING POLICY ACT PROCEDURES. ...................................................... 84
267267 711. EFFECT OF RECESS ON PROCEDURES. ................................................................... 84
268268 712. COMMITTEE REFERRAL OF REQUESTS. ................................................................. 84
269269 713. CIRCULATION OF REQUESTS. ................................................................................... 84
270270 714. PUBLICATION OF NOTICE. ......................................................................................... 85
271271 715. WITHDRAWAL OF REPROGRAMMING REQUESTS. .............................................. 85
272272 716. REQUIREMENTS FOR DISAPPROVAL OF REQUESTS. .......................................... 85
273273 717. AUTOMATIC APPROVAL OF REQUESTS. ................................................................ 85
274274 718. TRANSMITTAL TO MAYOR. ....................................................................................... 86
275275 C. FUNDS CONTROL ACT PROCEDURES. ........................................................................ 86
276276 [RESERVED]. .......................................................................................................................... 86
277277 D. SPECIFIED FUNDING ALLOCATION PROCEDURES. ................................................ 86
278278 730. REQUIRED INFORMATION PRIOR TO APPROVAL. ............................................... 86
279279 731. [RESERVED]. .................................................................................................................. 88
280280 732. LIMITS ON AWARD AMOUNTS. ................................................................................. 88
281281 733. AUDIT REQUIREMENTS. ............................................................................................. 88
282282 734. DISCLOSURE REQUIREMENTS. ................................................................................. 88
283283 E. REPORTS ON BILLS SUBJECT TO INCLUSION IN THE BUDGET AND FINANCIAL
284284 PLAN. ....................................................................................................................................... 88
285285 735. REPORTS ON BILLS SUBJECT TO INCLUSION IN THE BUDGET AND
286286 FINANCIAL PLAN.................................................................................................................. 88
287287 736. REPEAL OF LAWS SUBJECT TO APPROPRIATION. ............................................... 88
288288 ARTICLE VIII—COUNCIL RECORDS ................................................................................ 89
289289 A. COUNCIL RECORDS. ....................................................................................................... 89
290290 801. RESPONSIBILITY FOR RECORDS. ............................................................................. 89
291291 802. FORM FOR INTRODUCTIONS. .................................................................................... 89
292292 803. REPORTS ON LEGISLATION. ...................................................................................... 89
293293 804. SUPPLEMENTAL COMMITTEE REPORT. ................................................................. 92
294294 805. IDENTIFICATION OF COUNCIL DOCUMENTS. ....................................................... 92 COUNCIL RULES, PERIOD XXV I
295295
296296 9
297297
298298 806. LEGISLATIVE FILES. .................................................................................................... 93
299299 807. OTHER OFFICIAL RECORDS. ...................................................................................... 94
300300 808. RECORDS OF LEGISLATIVE MEETINGS. ................................................................. 95
301301 809. COMMITTEE RECORDS. .............................................................................................. 95
302302 B. FREEDOM OF INFORMATION AND SERVICE OF PROCESS. ................................... 95
303303 811. FOIA PROCEDURES. ..................................................................................................... 95
304304 812. TRANSACTION OF PUBLIC BUSINESS BY ELECTRONIC FORMAT. .................. 96
305305 813. SERVICE OF PROCESS. ................................................................................................ 96
306306 ARTICLE IX—AUDITOR. ....................................................................................................... 97
307307 901. SELECTION. .................................................................................................................... 97
308308 902. TERM AND COMPENSATION. .................................................................................... 97
309309 903. VACANCY. ...................................................................................................................... 97
310310 904. STAFF. ............................................................................................................................. 97
311311 905. REPORTS AVAILABLE TO THE PUBLIC. .................................................................. 97
312312 ARTICLE X—CONSTRUCTION, SUSPENSION, AND AMENDMENT OF RULES. .... 97
313313 1001. PARLIAMENTARY AUTHORITY. ............................................................................. 97
314314 1002. GENDER RULE OF CONSTRUCTION. ...................................................................... 97
315315 1003. SUSPENSION OF RULES. ........................................................................................... 98
316316 1004. AMENDMENT OF RULES. .......................................................................................... 98
317317 1005. EFFECTIVE PERIOD. ................................................................................................... 98
318318
319319 ARTICLE I—DEFINITIONS.
320320 101. DEFINITIONS.
321321 For the purposes of these Rules, the term:
322322 (1) “Agency” includes any of the ornizational units of the District, including a
323323 board, commission, department, division, instrumentality, or office, whether subordinate to or
324324 independent of the Mayor; provided, that the term “agency” does not include the Council or the
325325 District of Columbia courts.
326326 (2) “Auditor” means the District of Columbia Auditor, established by section 455
327327 of the Charter (D.C. Official Code § 1-204.55). COUNCIL RULES, PERIOD XXV I
328328
329329 10
330330
331331 (3) “BEGA” means the Board of Ethics and Government Accountability,
332332 established by section 202 of the Government Ethics Act of 2011, effective April 27, 2012 (D.C.
333333 Law 19-124; D.C. Official Code § 1-1162.02).
334334 (4) “Bill” means a proposed act of the Council.
335335 (5) “Budget” means the annual budget, including a Local Budget Act and a
336336 Federal Portion Budget Request Act, for all activities of all agencies and the Council, financed
337337 from all existing or proposed resources, including both operating and capital expenditures.
338338 (6) “Budget of the Council” means the approved budget for the Council.
339339 (7) “Ceremonial resolution” means an expression of appreciation, an honorarium
340340 of limited application, or a declaration of no lel effect, other than a sense of the Council
341341 resolution. A ceremonial resolution may be adopted only by unanimous consent.
342342 (8) “Chairman” means the Chairman of the Council of the District of Columbia,
343343 established by section 401 of the Charter (D.C. Official Code § 1-204.01).
344344 (9) “Charter” means Title IV of the Home Rule Act (D.C. Official Code §
345345 1-204.01 et seq.).
346346 (10) “Comprehensive Plan” means the comprehensive plan for the National
347347 Capital, including any elements of the plan, as provided for in section 423 of the Charter (D.C.
348348 Official Code § 1-204.23).
349349 (11) “Council” means the Council of the District of Columbia, established by
350350 section 401 of the Charter (D.C. Official Code § 1-204.01).
351351 (12) “Councilmember” or “Member” means a member of the Council, established
352352 by section 401 of the Charter (D.C. Official Code § 1-204.01), and includes the Chairman, unless
353353 the context clearly indicates otherwise.
354354 (13) “Council Period” means the legislative session of the Council beginning at
355355 noon on January 2nd of each odd-numbered year and ending at noon on January 2nd of the
356356 following odd-numbered year.
357357 (14) “Council website” means the website with the domain name of
358358 dccouncil.gov.
359359 (15) “Earmarked grant” means a funding allocation directed to a named recipient
360360 for a specific purpose through a budget act. COUNCIL RULES, PERIOD XXV I
361361
362362 11
363363
364364 (16) “Emergency declaration resolution” means a resolution declaring the
365365 existence of emergency circumstances within the meaning of section 412(a) of the Charter (D.C.
366366 Official Code § 1-204.12(a)).
367367 (17) “Engrossing” or “engrossment” means the process by which the text of a bill
368368 that has passed any reading prior to final reading is prepared for final reading.
369369 (18) “Enrolling” or “enrollment” means the process by which the text of a
370370 measure that has passed final reading is finally prepared.
371371 (19) “Fiscal impact statement” means a statement prepared by the Chief Financial
372372 Officer or the Budget Director that includes an estimate of the costs that may be incurred by the
373373 District as a result of the enactment of a measure in the current fiscal year and over the 4-year
374374 financial plan.
375375 (20) “Grant budget modification request” means any grant budget modification
376376 request required to be submitted by the Mayor to the Council pursuant to section 446B of the
377377 Charter (D.C. Official Code § 1-204.46b).
378378 (21) “Home Rule Act” means the District of Columbia Home Rule Act, approved
379379 December 24, 1973 (87 Stat. 774; D.C. Official Code § 1-201.01 et seq.).
380380 (22) “Independent agency” means an agency of the District of Columbia
381381 government not subject to the administrative control of the Mayor.
382382 (23) “Lel sufficiency determination” means a statement prepared by the
383383 General Counsel that shows that a measure has been reviewed by the Office of the General
384384 Counsel and determined to be lelly sufficient.
385385
386386 (24) “Main motion” means a motion relating to the passing of a law or
387387 consideration of a legislative proposal.
388388
389389 (25) “Mayor” means the Mayor of the District of Columbia, established by
390390 section 421 of the Charter (D.C. Official Code § 1-204.21).
391391 (26) “Measure” means a bill, resolution, or amendment to a bill or resolution, a
392392 main motion pending before the Council or before a committee of the Council, or a proposed
393393 reornization plan, reprogramming request, grant budget modification request, proposed state
394394 plan, contract, or proposed municipal regulation transmitted by law to the Council for its
395395 approval.
396396 (27) “Meeting” means, except for the purposes of Rules 371 through 376, the
397397 formal convening of a committee or the Council, other than solely for the purpose of receiving COUNCIL RULES, PERIOD XXV I
398398
399399 12
400400
401401 testimony, held at a designated time and place for the purpose of transacting public business,
402402 including official action of any kind.
403403 (28) “Normal business hours” means 9:00 a.m. through 5:30 p.m., Monday
404404 through Friday, except lel holidays.
405405 (29) “Official action” shall have the same meaning as provided in section 742 of
406406 the Home Rule Act (D.C. Official Code § 1-207.42).
407407 (30) “Person” means an individual, partnership, association, corporation, or any
408408 other ornization.
409409 (31) “Racial equity” shall have the same meaning as provided in section 101 of
410410 the Racial Equity Achieves Results (REACH) Amendment Act of 2020, effective March 16,
411411 2021 (D.C. Law 23-181; D.C. Official Code § 2-1471.01).
412412 (32) “Racial Equity Impact Assessment” means a statement prepared by the
413413 Director of Racial Equity that includes an assessment of the potential impact on racial equity of
414414 enacting a bill or resolution.
415415 (33) “Reading” means, within the meaning of section 412 of the Charter (D.C.
416416 Official Code § 1-204.12), an opportunity for the Members to debate and vote on proposed
417417 legislation at a regular or additional legislative meeting of the Council.
418418 (34) “Recess of the Council” or “Council Recess” means periods of time during
419419 which regularly scheduled meetings of the Council are not held; i.e., July 15th through
420420 September 15th of each year, December 23rd through December 31st of each year, April 12th
421421 through April 20th, 2025, and April 4th through April 12th, 2026.
422422 (35) “Register” means the District of Columbia Register.
423423 (36) “Remuneration” means the rate or level of compensation to be paid an
424424 employee for the performance of the employee’s duties up to and including, but no more than,
425425 the maximum authorized and appropriated by law.
426426 (37) “Reprogramming Policy Act” means Subchapter IV of Chapter 3 of Title 47
427427 of the District of Columbia Official Code (D.C. Official Code § 47-361 et seq.).
428428 (38) “Reprogramming request” means any reprogramming request submitted to
429429 the Council pursuant to the Reprogramming Policy Act (D.C. Official Code § 47-363).
430430 (39) “Resolution” shall have the same meaning as provided in section 412(a) of
431431 the Charter (D.C. Official Code § 1-204.12(a)). COUNCIL RULES, PERIOD XXV I
432432
433433 13
434434
435435 (40) “Sense of the Council resolution” means a resolution to express the Council’s
436436 sentiment or opinion rerding a situation, practice, or event.
437437 (41) “Short title” means the term by which an act or resolution may be cited.
438438
439439 (42) “Subpoena” means subpoena ad testificandum or subpoena duces tecum, or
440440 both.
441441 (43) “Transcription” means a verbatim recordation, including a tape or video
442442 recording.
443443 ARTICLE II—ORGANIZATION.
444444 A. OATH OF OFFICE AND OFFICIAL CONDUCT.
445445 201. OATH OF OFFICE.
446446 (a) On January 2nd of each odd-numbered year, a Councilmember whose term of office
447447 begins at that time shall take and subscribe an oath of office in accordance with subsection (c) of
448448 this section. The oath of office to a Councilmember shall be administered by a person of the
449449 Councilmember’s choosing who is lelly authorized to administer oaths. The Secretary shall
450450 supply printed copies of the oath that shall be subscribed by the Councilmembers, returned to the
451451 Secretary, and recorded in the Council records as conclusive proof of the fact that the signer took
452452 the oath in accordance with law.
453453 (b) A Councilmember whose term of office does not begin at the beginning of a Council
454454 Period shall take and subscribe the oath of office as soon as practicable after the Councilmember
455455 has been duly certified as having been elected or selected for the position.
456456 (c) The oath of office shall be as follows: “I, (Councilmember’s name), do solemnly
457457 swear (or affirm) that I will faithfully execute the laws of the United States of America and of the
458458 District of Columbia, and will, to the best of my ability, preserve, protect, and defend the
459459 Constitution of the United States and the District of Columbia Home Rule Act, and will
460460 faithfully discharge the duties of the office on which I am about to enter.”
461461 202. CODE OF OFFICIAL CONDUCT AND COUNCIL POLICIES .
462462 (a) Councilmembers and staff shall maintain a high level of ethical conduct in connection
463463 with the performance of their official duties and shall refrain from taking, ordering, or
464464 participating in any official action that would adversely affect the confidence of the public in the
465465 integrity of the District government. In connection with the performance of official duties,
466466 Councilmembers and staff shall strive to act solely in the public interest and not for any direct COUNCIL RULES, PERIOD XXV I
467467
468468 14
469469
470470 and tangible personal in and shall not take an official action on a matter as to which they have
471471 a conflict of interest created by a personal, family, client, or business interest.
472472 (b) Councilmembers and staff shall take full responsibility for understanding and
473473 complying with the letter and spirit of all laws and regulations governing standards of conduct
474474 for District public officials and employees, including those relating to conduct, conflicts of
475475 interest, gifts, disclosures, campaign finance, political activity, and freedom of information.
476476 Councilmembers and staff shall specifically adhere to the Code of Official Conduct of the
477477 Council of the District of Columbia.
478478 (c)(1) The Council shall proactively review the District’s overall ethics program,
479479 including structure, training, enforcement, and overall ethics culture, and work to comply with
480480 national standards for the creation of effective compliance and ethics programs.
481481 (2) The Ethics Counselor for the Council shall periodically conduct training on
482482 the conflict of interest and ethics laws and regulations applicable to Councilmembers and staff.
483483 Ethics training materials, including summary guidelines to all applicable laws and regulations,
484484 shall be prepared by the Ethics Counselor for the Council and made readily available on the
485485 Council’s website.
486486 (d) Councilmembers and staff shall adhere to the Sexual Harassment Policy. A violation
487487 of the Sexual Harassment Policy shall constitute a violation of these rules.
488488 (e) All Councilmembers and employees shall complete mandatory trainings as follows:
489489 (1) Ethics training with the Office of the General Counsel within 2 months after
490490 beginning employment with the Council, and once per Council Period thereafter; and
491491 (2) Equal employment opportunity training on an annual basis, which shall
492492 include training on sexual harassment and retaliation.
493493 B. EXECUTIVE OFFICERS OF THE COUNCIL.
494494 211. CHAIRMAN.
495495 The Chairman shall be the presiding and chief executive officer of the Council.
496496 212. CHAIRMAN PRO TEMPORE.
497497 At the beginning of each Council Period or the next Legislative session after the position
498498 is vacated, the Chairman shall nominate one Councilmember as Chairman Pro Tempore who
499499 shall act in the place of the Chairman when the Chairman is absent or is recused. The Council
500500 shall, by resolution, act on the nomination. COUNCIL RULES, PERIOD XXV I
501501
502502 15
503503
504504 213. VACANCY IN OFFICE OF CHAIRMAN.
505505 Whenever a vacancy occurs in the Office of the Chairman or if the Chairman is serving
506506 as Acting Mayor, the Chairman Pro Tempore selected pursuant to Rule 212 shall convene the
507507 Council. The Council shall, by resolution, elect one of its at-large members as Chairman and
508508 another at-large member as Chairman Pro Tempore until the vacancy in the Office of Chairman
509509 is filled or until the return of the regularly elected Chairman.
510510 C. COMMITTEE MEMBERSHIP.
511511 221. SELECTION.
512512 At the ornizational meeting convened in accordance with Rule 301 at the beginning of
513513 the Council Period, the Chairman shall nominate the chairperson and members of each
514514 committee of the Council, and the Council shall, by resolution, act on the Chairman’s
515515 nominations.
516516 222. CHAIRMAN AS EX OFFICIO MEMBER.
517517 The Chairman shall be an ex officio, voting member of all committees and
518518 subcommittees. The Chairman may be counted for purposes of a quorum but shall not increase
519519 the quorum requirement for the committee or subcommittee.
520520 223. VACANCIES.
521521 Whenever a vacancy occurs in the membership or chair of a committee, the Chairman
522522 may nominate a Councilmember to fill the vacancy, and the Council shall, by resolution, act on
523523 the Chairman’s nomination.
524524 224. DISTRIBUTION OF RESPONSIBILITY.
525525 No individual Member may permanently chair more than one standing committee. The
526526 principle of seniority shall be respected in the assignment of committee chairs.
527527 225. PARTICIPATION OF MEMBERS IN COMMITTEE MEETINGS.
528528 (a) Any Councilmember may attend the meeting of any committee and may participate in
529529 committee discussions, but only a committee member may make a motion or cast a vote.
530530 (b) Any Councilmember may participate fully in a hearing or roundtable of any
531531 committee. COUNCIL RULES, PERIOD XXV I
532532
533533 16
534534
535535 226. RULES OF COMMITTEES.
536536 (a) Each committee shall adopt written rules, at its first meeting, to govern its procedures.
537537 The committee rules shall incorporate the following requirements:
538538 (1) The scheduling of regular meeting days for conducting business, which shall
539539 not conflict with the time of other committees’ regular meetings;
540540 (2) A procedure for rescheduling or cancelling a regular meeting;
541541 (3) A procedure for holding additional meetings to be called by the chairperson;
542542 (4) A procedure for holding special meetings, which shall be called at the request
543543 of a majority of the members of the committee;
544544 (5) Procedures to govern the chairing of a committee meeting in the absence of
545545 the chairperson;
546546 (6) Procedures for keeping a complete record of all committee action, including
547547 roll-call votes;
548548 (7) If, at the time of approval of a measure by a committee, a member of the
549549 committee gives notice of the intention to submit supplemental, minority, or additional views,
550550 that member shall be entitled to not less than 5 business days within which to file the views,
551551 which shall be included in the report of the committee on the measure;
552552 (8) A procedure for amending the committee rules by a vote of a majority of the
553553 committee;
554554 (9) A requirement that if an oral amendment is moved during a committee
555555 meeting it shall, upon request by a member, be reduced to writing and read by the Committee
556556 Director or other Committee staff and made available for public inspection as soon as
557557 practicable;
558558 (10) A requirement for the circulation of notice of the date, hour, and place of all
559559 committee meetings to all Councilmembers at least 24 hours before the date of the meeting,
560560 along with a copy of the agenda of the meeting, a draft of any measures to be considered, and, if
561561 required pursuant to Rule 803(e)(7), a comparative print, unless at least 4 members of the
562562 committee agree, in a written record, to a shorter notice; and
563563 (11) A procedure for providing at least 24 hours’ notice of the cancellation of a
564564 meeting.
565565 (b) The provisions of these Rules shall be considered rules of the committee. COUNCIL RULES, PERIOD XXV I
566566
567567 17
568568
569569 (c) When these Rules are silent, a committee may adopt additional rules. Committee rules
570570 adopted under this section shall be consistent with these Rules and other applicable law and shall
571571 be filed with the Secretary and posted on the Council website.
572572 227. COMMITTEE-ACTIVITY REPORT.
573573 Each committee shall file a committee-activity report before the end of each Council
574574 Period that details the committee’s oversight and legislative activities during that Council Period.
575575 The format and content of the committee-activity report shall be determined by the Secretary.
576576 D. STANDING COMMITTEES.
577577 231. COMMITTEE OF THE WHOLE.
578578 (a) The Committee of the Whole is responsible for the annual budget, including
579579 amendments, additions, or supplements to the budget, any revised, supplemental, or deficiency
580580 budget, and other matters pertaining to the budget; coordinating the Council’s relationships with
581581 the Congress and the Federal executive branch; monitoring the progress of Council legislation
582582 through Congress; monitoring the status of original legislative proposals in Congress that may
583583 affect the District, the Council, or its legislation; amendments to the District Charter; Council
584584 appointments to boards and commissions; public space naming; street and alley acquisition and
585585 closing; reapportionment and realignment of the political subdivisions of the District; Council
586586 administration and personnel; the scheduling of all matters for consideration by the Council in
587587 the legislative meeting; legislative matters related to the District as a political entity, including
588588 self-determination and statehood; matters affecting the Freedom of Information Act;
589589 coordinating the Council’s relationships with appropriate regional, state, and national
590590 associations and ornizations; the Council’s relationship with regional authorities and other
591591 regional bodies and ornizations not specifically assigned to other committees; all matters
592592 related to public education, including matters exclusively concerning the University of the
593593 District of Columbia or the Community College of the District of Columbia; District employees’
594594 retirement; the development of the Comprehensive Plan and other matters pertaining to land use;
595595 revision and codification of Title 49 of the D.C. Official Code; international business and affairs;
596596 all matters relating to building plans, construction permits, building inspections, building
597597 maintenance, and building safety; and other matters assigned to it by these Rules or by the
598598 Chairman.
599599 (b) The Chairman is the chairperson of the Committee of the Whole, and its members
600600 include all members of the Council. The Committee of the Whole shall meet on the third
601601 Tuesday of each month, except during periods of Council Recess, in a work session to consider
602602 measures that have been reported and timely filed by committees pursuant to subsection (c) of
603603 this section. The Chairman shall prepare the agenda for each meeting of the Committee of the
604604 Whole. The Chairman may not withhold a measure properly reported and timely filed by another
605605 committee from the agenda of a regular Committee of the Whole meeting, and the Chairman COUNCIL RULES, PERIOD XXV I
606606
607607 18
608608
609609 may not hold a measure in the Committee of the Whole that has been properly reported by
610610 another committee unless the Committee of the Whole votes to table, postpone, or recommit the
611611 measure.
612612 (c)(1) Except as provided in Rule 314, each measure reported by the committees of the
613613 Council identified in Rules 232 to 241 shall be referred to the Committee of the Whole for a
614614 review of its lel sufficiency and technical compliance with the drafting rules of the Council;
615615 for ascertaining completion of the record; for a determination of the sufficiency of the fiscal
616616 impact statement; and for scheduling for a legislative meeting.
617617 (2) No measure may be reported by a committee for consideration at the
618618 Committee of the Whole unless the measure was accompanied by a fiscal impact statement and a
619619 lel sufficiency determination, as required by Rules 309 and 310, respectively, at the time of
620620 committee markup.
621621 (3) A measure and accompanying committee report, reported by a committee for
622622 consideration at the Committee of the Whole, may be presented by the chairperson of the
623623 committee or by another member of the committee designated by the chairperson of the
624624 committee. In the absence of the chairperson of the committee and the designation of a member
625625 of the committee, the Chairman shall present the measure and committee report for consideration
626626 at the Committee of the Whole.
627627 (4) If amendments have been made to a measure by a committee that are
628628 substantial and outside the legislative jurisdiction of the committee, the Chairman may refer the
629629 measure to the relevant committee before the legislation is scheduled for a legislative meeting.
630630 (5) The Secretary shall prepare a log of committee reports that have been filed
631631 timely for review by the Committee of the Whole. The log may be updated to reflect additional
632632 filings as of noon on the third business day before the Committee of the Whole meeting.
633633 (d) Notwithstanding any other provision of the Rules, the Committee of the Whole may
634634 hold a hearing or roundtable, or conduct an investition, on any matter relating to District
635635 affairs.
636636 (e) The following agencies come within the purview of the Committee of the Whole:
637637 Board for the Condemnation of Insanitary Buildings
638638 Board of Review of Anti-Deficiency Violations
639639 Commission on the Arts and Humanities
640640 Council of the District of Columbia
641641 Department of Buildings (including construction codes)
642642 Deputy Mayor for Education
643643 District of Columbia Auditor COUNCIL RULES, PERIOD XXV I
644644
645645 19
646646
647647 District of Columbia Public Charter Schools
648648 District of Columbia Public Schools
649649 District of Columbia Retirement Board (including its plans)
650650 District of Columbia State Athletics Commission
651651 Historic Preservation Review Board
652652 Interstate Compact Commissions
653653 Law Revision Commission
654654 Metropolitan Washington Airports Authority
655655 Metropolitan Washington Council of Governments
656656 National Capital Planning Commission
657657 OCFO Office of Budget and Planning
658658 Office of Planning (including commemorative works)
659659 Office of the State Superintendent of Education
660660 Office of Zoning, including Zoning Commission and Board of Zoning Appeals
661661 Other Post-Employment Benefits/Retiree Health Contribution
662662 Pay-As-You-Go Capital
663663 Research Practice Partnership
664664 State Board of Education (including ombudsman and advocate)
665665 Statehood Commission and deletion
666666 Tax Revision Commission
667667 Tobacco Settlement Financing Corporation
668668 University of the District of Columbia
669669
670670 232. COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT .
671671 (a) The Committee on Business and Economic Development is responsible for matters
672672 concerning small and local business development policy; matters related to economic, industrial,
673673 and commercial development; the disposition of property for economic development purposes;
674674 joint jurisdiction with the Committee on Housing for New Communities; the regulation of
675675 alcoholic beverages and cannabis; public utilities; the establishment and oversight of business
676676 improvement districts (“BIDs”); matters relating to taxation and revenue for the operation of the
677677 government of the District of Columbia; industrial-revenue bonds; general-oblition bond acts
678678 and revenue anticipation notes; and the regulation of banks and banking activities, securities, and
679679 insurance, including private health insurance, but not including the Health Benefit Exchange.
680680 (b) The following agencies come within the purview of the Committee on Business and
681681 Economic Development:
682682 Alcoholic Beverage and Cannabis Administration
683683 Board of Accountancy
684684 Board of Architecture, Interior Design, and Landscape Architecture COUNCIL RULES, PERIOD XXV I
685685
686686 20
687687
688688 Board of Barber and Cosmetology
689689 Board of Consumer Claims Arbitration for the District of Columbia
690690 Board of Funeral Directors
691691 Board of Professional Engineering
692692 Captive Insurance Agency
693693 Combat Sports Commission
694694 Office of and Commission on Nightlife and Culture
695695 Department of Insurance, Securities and Banking
696696 Department of Small and Local Business Development
697697 Deputy Mayor for Planning and Economic Development
698698 Destination DC
699699 Multistate Tax Commission
700700 Office of Lottery and Gaming
701701 Office of the Chief Financial Officer (excluding the Office of Budget and Planning)
702702 Office of the People’s Counsel
703703 Public Service Commission
704704 Real Property Tax Appeals Commission
705705 St. Elizabeth’s East Redevelopment Initiative Advisory Board
706706 Washington Convention and Sports Authority (Events DC)
707707
708708 233. COMMITTEE ON EXECUTIVE ADMINISTRATION AND LABOR.
709709 (a) The Committee on Executive Administration and Labor is responsible for matters
710710 related to the Executive Office of the Mayor; matters related to seniors; elections and campaign
711711 finance; labor relations; matters related to workforce development; and employment.
712712
713713 (b) The following agencies come within the purview of the Committee on Executive
714714 Administration and Labor:
715715
716716 Adult Career Pathways Task Force
717717 Advisory Committee on Community Use of Public Space
718718 Age-Friendly DC Task Force
719719 City Administrator
720720 Commission on Aging
721721 Commission on the Martin Luther King, Jr. Holiday
722722 Commission on Poverty
723723 Department of Aging and Community Living
724724 Department of Employment Services
725725 Department of Human Resources
726726 District of Columbia Board of Elections
727727 Employees’ Compensation Fund COUNCIL RULES, PERIOD XXV I
728728
729729 21
730730
731731 Executive Office of the Mayor
732732 Financial Literacy Council
733733 Inspector General
734734 Labor/Management Partnership Council
735735 Mayor’s Office of Community Affairs
736736 Mayor’s Office of Lel Counsel
737737 Mayor’s Office on Volunteerism and Partnerships
738738 Office of Campaign Finance
739739 Office of Employee Appeals
740740 Office of Labor Relations and Collective Barining
741741 Public Employee Relations Board
742742 Secretary of the District of Columbia
743743 Unemployment Insurance Trust Fund
744744 Universal Paid Leave Fund
745745 Workforce Investment Council
746746
747747 234. COMMITTEE ON FACILITIES.
748748 (a) The Committee on Facilities is responsible for matters concerning disability services;
749749 parks and recreation; Caribbean affairs; and matters relating to the maintenance of public
750750 buildings and property management, including the declaration of government property as no
751751 longer required for public purposes.
752752 (b) The following agencies come within the purview of the Committee on Facilities:
753753 Commission on Persons with Disabilities
754754 Department of Buildings (jointly, only for oversight purposes, with the Committee of the
755755 Whole)
756756 Department of General Services
757757 Department on Disability Services
758758 Department of Parks and Recreation
759759 Developmental Disabilities State Planning Council
760760 Office on Caribbean Affairs (including Advisory Committee)
761761 Office for the Deaf, Deafblind, and Hard of Hearing
762762 Office of Disability Rights
763763 State Rehabilitation Council
764764 Statewide Independent Living Council
765765 COUNCIL RULES, PERIOD XXV I
766766
767767 22
768768
769769 235. COMMITTEE ON HEALTH.
770770 (a) The Committee on Health is responsible for matters concerning health, including
771771 environmental health and health equity; and the regulation of health occupations and professions
772772 and health care inspectors.
773773 (b) The following agencies come within the purview of the Committee on Health:
774774 All of the advisory committees and professional boards serving the Department of Health
775775 or Department of Behavioral Health
776776 Behavioral Health Planning Council
777777 Cedar Hill Hospital
778778 Commission on Health Equity
779779 Council on Physical Fitness, Health, and Nutrition
780780 Department of Behavioral Health
781781 Department of Health
782782 Department of Health Care Finance
783783 Deputy Mayor for Health and Human Services
784784 District of Columbia Health Benefit Exchange Authority
785785 Food Policy Council
786786 Health Information Exchange Policy Board
787787 Health Literacy Council
788788 Metropolitan Washington Regional Ryan White Planning Council
789789 Not-For-Profit Hospital Corporation
790790 Statewide Health Coordinating Council
791791
792792 236. COMMITTEE ON HOUSING.
793793 (a) The Committee on Housing is responsible for matters relating to the development,
794794 maintenance, preservation, and regulation of housing stock, including rental housing and public
795795 housing; neighborhood revitalization, development, improvement, and stabilization; joint
796796 jurisdiction for the purpose of oversight (not legislation) with the Committee on Business and
797797 Economic Development for New Communities; urban affairs; housing vouchers; matters
798798 rerding Advisory Neighborhood Commissions; and matters rerding returning citizens.
799799 (b) The following agencies come within the purview of the Committee on Housing:
800800 Advisory Neighborhood Commissions, including the Office of Advisory Neighborhood
801801 Commissions
802802 Board of Real Estate Appraisers
803803 Commission and Office on Re-Entry and Returning Citizen Affairs
804804 Department of Housing and Community Development COUNCIL RULES, PERIOD XXV I
805805
806806 23
807807
808808 District of Columbia Housing Authority
809809 Housing Finance Agency
810810 Housing Production Trust Fund
811811 Office on Returning Citizen Affairs
812812 Office of the Tenant Advocate
813813 Real Estate Commission
814814 Rental Housing Commission
815815
816816 237. COMMITTEE ON HUMAN SERVICES.
817817 (a) The Committee on Human Services is responsible for matters relating to human
818818 services; homelessness; housing voucher placement and related services; public libraries; cable
819819 television and entertainment; and Latino and Asian and Pacific Islander affairs.
820820 (b) The following agencies come within the purview of the Committee on Human
821821 Services:
822822 Commission on Latino Community Development
823823 Department of Human Services
824824 District of Columbia Public Library System
825825 Interagency Council on Homelessness
826826 Office and Commission on Asian and Pacific Islanders Affairs
827827 Office of Cable Television, Film, Music and Entertainment
828828 Office and Commission on Fathers, Men, and Boys
829829 Office and Commission on Latino Affairs
830830 Public Access Corporation
831831
832832 238. COMMITTEE ON THE JUDICIARY AND PUBLIC SAFETY.
833833 (a) The Committee on the Judiciary and Public Safety is responsible for matters affecting
834834 the judiciary and lel systems; matters affecting criminal law, procedure, and justice; juvenile
835835 justice; public safety, including policing, violence prevention and intervention, and civilian
836836 police oversight; access to justice; family law, probate, and estates; fire, emergency medical
837837 services, and 9-1-1 and 3-1-1; homeland security; adult and youth corrections; forensic science;
838838 fatality review and medical examination; victim services and justice grants; child support;
839839 government ethics; and issues related to women. The Committee shall also serve as the Council’s
840840 liaison to federal partners in the justice system, including the District of Columbia courts; the
841841 United States Attorney for the District of Columbia; the Public Defender Service for the District
842842 of Columbia; the Court Services and Offender Supervision Agency; the Pretrial Services
843843 Agency; the Federal Bureau of Prisons; and the United States Parole Commission. COUNCIL RULES, PERIOD XXV I
844844
845845 24
846846
847847 (b) The following agencies come within the purview of the Committee on the Judiciary
848848 and Public Safety:
849849 Access to Justice Initiative
850850 Board of Ethics and Government Accountability
851851 Child Support Guideline Commission
852852 Clemency Board
853853 Commission on Judicial Disabilities and Tenure
854854 Commission on Women
855855 Corrections Information Council
856856 Criminal Code Reform Commission
857857 Criminal Justice Coordinating Council
858858 Department of Corrections
859859 Department of Forensic Sciences (including Science Advisory Board)
860860 Deputy Mayor for Public Safety and Justice
861861 District of Columbia National Guard
862862 District of Columbia Sentencing Commission
863863 Fire and Emergency Medical Services Department
864864 Homeland Security and Emergency Management Agency
865865 Judicial Nomination Commission
866866 Metropolitan Police Department
867867 Office of Neighborhood Safety and Engement
868868 Office of Police Complaints
869869 Office of the Attorney General for the District of Columbia
870870 Office of the Chief Medical Examiner (including all of the fatality review committees at
871871 the Office of the Chief Medical Examiner)
872872 Office of Unified Communications
873873 Office of Victim Services and Justice Grants
874874 Office on Women’s Policy and Initiatives
875875 Uniform Law Commission
876876
877877 239. COMMITTEE ON PUBLIC WORKS AND OPERATIONS.
878878 (a) The Committee on Public Works and Operations is responsible for matters relating to
879879 the general operation and service of government, including procurement; human rights;
880880 partnerships and grants management; matters relating to lesbian, y bisexual, transgender, and
881881 questioning affairs; veterans affairs; matters affecting administrative law and procedure;
882882 consumer and regulatory affairs; recycling; waste management; and regulation of for-hire
883883 vehicles. COUNCIL RULES, PERIOD XXV I
884884
885885 25
886886
887887 (b) The following agencies come within the purview of the Committee on Public Works
888888 and Operations:
889889
890890 Advisory Committee on Street Harassment
891891 Board of Industrial Trades
892892 Commission on Fashion Arts and Events
893893 Contract Appeals Board
894894 Department of For-Hire Vehicles
895895 Department of Licensing and Consumer Protection
896896 Department of Public Works
897897 Interfaith Council
898898 Office of Administrative Hearings
899899 Office of Contracting and Procurement
900900 Office of and Commission on Human Rights
901901 Office of Lesbian, Gay, Bisexual, Transgender, and Questioning Affairs
902902 Office of Risk Management
903903 Office of the Chief Technology Officer
904904 Office of Veterans Affairs, including the Advisory Board
905905 Office on Religious Affairs, including Interfaith Council
906906
907907
908908 240. COMMITTEE ON TRANSPORTATION AND THE ENVIRONMENT.
909909 (a) The Committee on Transportation and the Environment is responsible for matters
910910 relating to environmental protection; highways, bridges, traffic, vehicles, and other transportation
911911 issues; maintenance of public spaces; waterways; and water supply and wastewater treatment.
912912 (b) The following agencies come within the purview of the Committee on Transportation
913913 and the Environment:
914914 Bicycle Advisory Council
915915 Commission on Climate Change and Resiliency
916916 Department of Energy and Environment
917917 Department of Motor Vehicles
918918 District Department of Transportation
919919 District of Columbia Water and Sewer Authority
920920 Green Buildings Advisory Council
921921 Green Finance Authority
922922 Pedestrian Advisory Council
923923 Soil and Water Conservation District
924924 Sustainable Energy Utility COUNCIL RULES, PERIOD XXV I
925925
926926 26
927927
928928 Washington Aqueduct
929929 Washington Metropolitan Area Transit Authority
930930 Washington Metrorail Safety Commission
931931 241. COMMITTEE ON YOUTH AFFAIRS.
932932 (a) The Committee on Youth Affairs is responsible for matters relating to African,
933933 African American, and youth affairs (including juvenile justice).
934934 (b) The following agencies come within the purview of the Committee on Youth Affairs:
935935 Child and Family Services Agency
936936 Citizen Review Panel on Child Abuse and Neglect
937937 Department of Youth Rehabilitation Services
938938 Juvenile Abscondence Review Committee
939939 Office and Commission on African Affairs
940940 Office and Commission on African American Affairs
941941 Office of the Attorney General (jointly, only for oversight purposes, with the Committee
942942 on the Judiciary and Public Safety)
943943 Office of the Ombudsperson for Children
944944
945945 E. CREATION OF SUBCOMMITTEES.
946946 245. SUBCOMMITTEES.
947947 The Chairman shall nominate the chairperson and members of each subcommittee of the
948948 Council. The Council shall, by resolution, act on the Chairman’s nominations. A subcommittee
949949 may use subpoenas to obtain testimony or documents only if the standing committee of which it
950950 is a subcommittee authorizes the issuance of subpoenas. Each bill or resolution reported by a
951951 subcommittee shall be referred to its standing committee for a vote and scheduling for the
952952 Committee of the Whole. Subcommittees shall comply with the requirements of these Rules and
953953 those of the standing committee of which it is a subcommittee.
954954 F. SPECIAL COMMITTEES AND SPECIAL PROJECTS.
955955 251. SPECIAL COMMITTEES.
956956 The Council may, by resolution introduced by the Chairman, establish a special
957957 committee to consider investitions, ethics, or other matters. The resolution shall set forth the
958958 jurisdiction, size, duration, subpoena authority pursuant to Rules 601(a) and 611, and date for
959959 final action of the special committee. COUNCIL RULES, PERIOD XXV I
960960
961961 27
962962
963963 252. SPECIAL PROJECTS.
964964 The Council may, by resolution introduced by the Chairman, establish a special project
965965 related to policy development or oversight. The resolution shall set forth the timetable, budget,
966966 goals, and deliverables of the special project, and specify whether the project will be undertaken
967967 by a standing or special committee, or another method of ornization.
968968 G. APPOINTED OFFICERS OF THE COUNCIL.
969969 261. APPOINTMENT OF OFFICERS.
970970 The appointed officers of the Council are the Secretary, General Counsel, and Budget
971971 Director. The Chairman shall recommend the assignment and removal of these officers, and the
972972 Council shall, by resolution, act on the Chairman’s recommendation.
973973 262. SECRETARY.
974974 (a) The Secretary is the chief administrative officer of the Council and is responsible for
975975 maintaining records of Council actions including the filing of bills and proposed resolutions,
976976 amendments to bills and resolutions, requests for hearings, notices of committee meetings,
977977 committee reports, and other records and reports assigned by these Rules, the Council, or the
978978 Chairman, and for proposing and administering the fiscal year budget of the Council. The
979979 Secretary shall only disburse funds for the direct operating expenses in the office of a Member or
980980 Officer.
981981 (b) There is established a Council Office of Racial Equity under the Secretary to the
982982 Council, which shall be managed by a Director of Racial Equity. The Council Office of Racial
983983 Equity shall:
984984 (1) Produce racial equity training materials and provide ongoing racial equity
985985 training for Councilmembers and staff;
986986 (2) Issue Racial Equity Impact Assessments pursuant to Rule 311;
987987 (3) Coordinate and collaborate with the Judicial and Executive branches,
988988 including the Office of Racial Equity within the Office of the City Administrator and the Racial
989989 Equity Advisory Board, on matters of advancing racial equity; and
990990 (4) Accept public comment on any aspect of its duties or on matters related to
991991 racial equity before the Council. COUNCIL RULES, PERIOD XXV I
992992
993993 28
994994
995995 263. GENERAL COUNSEL.
996996 (a) The General Counsel is responsible for providing lel advice as provided in
997997 subsection (b) of this section; providing representation for the Council in any pending lel
998998 action to which the Council is a party or in which the Chairman determines that the Council has a
999999 significant interest; initiating lawsuits on behalf of the Council upon authorization by resolution
10001000 of the Council; providing lel representation for a Member or employee consistent with
10011001 subsection (c) of this section for actions taken within the scope of the Member or employee’s
10021002 official duties and in which the Chairman determines that the Council has a significant interest;
10031003 retaining and supervising outside counsel as appropriate to conduct investitions and provide
10041004 lel advice or representation to the Council, its Members, or employees; apprising the Council
10051005 of developments in the law relating to Council legislation; supervising the publication of the
10061006 District of Columbia Official Code; preparing technical-amendment and enactment bills;
10071007 providing legislative-drafting assistance to all Members and staff; engrossing and enrolling
10081008 measures, including making necessary technical and conforming changes; ascertaining the lel
10091009 sufficiency of legislation and preparing lel sufficiency determinations pursuant to Rule 310;
10101010 identifying legislative concerns and providing Members with alternative policy options to solve
10111011 those concerns; advising the Council on matters of parliamentary procedure; compiling the
10121012 parliamentary precedents of the Council; and providing support to the Law Revision
10131013 Commission. The General Counsel, following consultation with the Chairman, may make a
10141014 request of the Office of the Attorney General for lel representation for a Member or employee
10151015 for actions taken within the scope of the Member or employee’s official duties or for matters in
10161016 which the Council has a significant interest.
10171017 (b) The General Counsel and the attorneys within the Office of the General Counsel
10181018 (“OGC”) shall, as a general matter, maintain confidentiality with respect to their discussions with
10191019 Members and Council employees rerding legislation, lel advice on issues related to Council
10201020 business, and ethics guidance. However, an attorney-client relationship exists only between the
10211021 General Counsel/OGC and the Council as a body, and not between the General Counsel/OGC
10221022 and any individual Member or Council employee. Accordingly, the Council, by resolution, may
10231023 direct the General Counsel to reveal otherwise confidentially held discussions or information,
10241024 including ethics advice, shared between the General Counsel or any OGC attorney and any
10251025 individual Member or Council employee, if the Council finds that the discussions or information
10261026 are integral to an investition of or alletion ainst a Councilmember or Council employee.
10271027 (c) The General Counsel shall not represent a Member or Council employee whenever
10281028 the alleged conduct with rerd to which the Member or employee desires representation does
10291029 not reasonably appear to have been performed within the scope of his or her official duties, such
10301030 as conduct that is the subject of criminal proceedings or proceedings before the Board of Ethics
10311031 and Accountability or the Office of the Inspector General.
10321032 (d) The General Counsel shall serve as Ethics Counselor for the Council. COUNCIL RULES, PERIOD XXV I
10331033
10341034 29
10351035
10361036 264. BUDGET DIRECTOR.
10371037 The Budget Director is responsible for advising Councilmembers on budget-related
10381038 matters; coordinating the development of the annual budget and financial plans and related
10391039 legislation, including any proposed revised, supplemental, or deficiency budget; certifying
10401040 committee budget reports pursuant to Rule 703(b)(2); and issuing fiscal impact statements
10411041 pursuant to Rule 309. The Budget Director also is responsible for issuing policy and economic
10421042 impact analyses pursuant to Rule 308, conducting research on matters of interest to the Council,
10431043 and assisting the Council with performance oversight. The Budget Director serves as a resource
10441044 for all Councilmembers and committees.
10451045 H. COUNCIL PERSONNEL AND APPOINTMENTS.
10461046 271. SUBORDINATE STAFF OF APPOINTED OFFICERS.
10471047 The appointed officers may assign, remove, and determine the remuneration for their
10481048 respective professional and clerical staffs, subject to appropriations and positions allocated by
10491049 the Council.
10501050 272. COMMITTEE STAFF.
10511051 (a) The chairperson of each committee shall appoint and shall present for the approval by
10521052 resolution of the committee at the first committee meeting of the Council Period the names and
10531053 titles of each committee staff person. Subsequent appointments shall be presented for approval of
10541054 committee members at the meeting of the committee following the appointment. Staff
10551055 appointments shall be filed with the Secretary.
10561056 (b) The chairperson shall determine the remuneration for the staff of the committee,
10571057 subject to appropriations and positions allocated by the Council.
10581058 (c) The chairperson of each committee may remove staff and shall notify the members of
10591059 the committee of such action within 3 business days.
10601060 (d) In the case of a vacancy in the Office of a Councilmember who chairs a committee or
10611061 a reornization of Council committees, the committee staff may be transferred to the
10621062 supervision of the Chairman.
10631063 273. COUNCILMEMBERS ’ PERSONAL STAFF.
10641064 (a) Each Councilmember may assign, remove, and determine the remuneration for the
10651065 Councilmember’s personal staff, subject to appropriations and positions allocated by the
10661066 Council. COUNCIL RULES, PERIOD XXV I
10671067
10681068 30
10691069
10701070 (b) In the case of a vacancy in the Office of a Councilmember, the employees of the
10711071 Councilmember’s personal office may be transferred to the supervision of the Chairman.
10721072 274. SEPARATION PAY AND BUDGET ACCOUNTING.
10731073 (a) Notwithstanding Rules 271, 272, and 273, when an employee is separated for non-
10741074 disciplinary reasons, a Councilmember may authorize severance pay as provided by law.
10751075 (b) If it is known that a Councilmember will be in office for a time period that is less than
10761076 the remaining fiscal year, the Councilmember’s budget shall be adjusted to account for the time
10771077 to be served, unless the Council otherwise authorizes, by resolution, a different amount.
10781078 275. COUNCIL APPOINTMENT TO OTHER BODIES.
10791079 When the law provides for the Council to appoint an individual to another body, the
10801080 Chairman shall nominate an individual and the Council shall act, by resolution, on the
10811081 nomination. Unless the General Counsel advises ainst doing so to maintain the separation of
10821082 powers under the District Charter, a Council appointee shall report to the Council on a periodic
10831083 basis and the Council may instruct, by resolution, its representative as to the position to take on a
10841084 particular matter.
10851085 276. APPOINTMENT BY COMMITTEES AND MEMBERS.
10861086 (a) When the law provides for a committee to appoint an individual to another body, the
10871087 committee shall, by resolution, act on the appointment.
10881088 (b) When the law provides for a Councilmember to appoint or designate an individual to
10891089 a board or commission, the Councilmember shall make the appointment or designation by filing
10901090 a memorandum with the Secretary that states:
10911091 (1) The lel capacity in which the Councilmember is acting, e.g., as a
10921092 Councilmember or as a chairperson or member of a particular committee;
10931093 (2) The date of appointment;
10941094 (3) The official name of the board or commission to which the person is being
10951095 appointed;
10961096 (4) The name, complete mailing address, contact information, and ward
10971097 designation of the person appointed; except, that such personal information is not required in the
10981098 resolution;
10991099 (5) The law under which the appointment or designation is being made; and
11001100 (6) The term of the appointment or designation. COUNCIL RULES, PERIOD XXV I
11011101
11021102 31
11031103
11041104 277. RESIDENCY REQUIREMENT FOR APPOINTMENTS.
11051105 Each member of a District board or commission who is appointed under Rule 275 or 276,
11061106 if not already a resident of the District, shall become one within 180 days after the effective date
11071107 of the appointment and shall remain a District resident for the duration of the appointment,
11081108 unless the law or order that established the board or commission specifically authorizes the
11091109 appointment of a nonresident as a member of the board or commission or if a majority of the
11101110 Council present and voting waives the residency requirement.
11111111 I. COMPUTING TIME, CIRCULATION, AND FILING REQUIREMENTS.
11121112 281. COMPUTING TIME.
11131113 (a) Unless a law or rule specifically provides otherwise, when counting a time period:
11141114 (1) Stated in days or a longer unit of time:
11151115 (A) Exclude the day of the event that trigers the period;
11161116 (B) Count every day, including Saturdays, Sundays, and lel holidays;
11171117 (C) Exclude days of recess; and
11181118 (D) Include the last day of the time period, but if the last day is a Saturday,
11191119 Sunday, lel holiday, or day of recess, the period continues to run until the end of the next day
11201120 that is not a Saturday, Sunday, lel holiday, or day of recess.
11211121 (2) Stated in hours:
11221122 (A) Begin counting immediately on the first business hour after the
11231123 occurrence of the event that trigers the period;
11241124 (B) Count each hour, including hours during intermediate Saturdays,
11251125 Sundays, and lel holidays;
11261126 (C) Exclude hours during days of recess; and
11271127 (D) If the period would end on a Saturday, Sunday, lel holiday, or day
11281128 of recess, the period continues to run until the same time on the next day that is not a Saturday,
11291129 Sunday, lel holiday, or day of recess.
11301130 (b) For the purposes of these Rules, when counting a time period stated in “business
11311131 days”:
11321132 (1) Exclude the day of the event that trigers the period; COUNCIL RULES, PERIOD XXV I
11331133
11341134 32
11351135
11361136 (2) Exclude intermediate Saturdays, Sundays, lel holidays, and days of recess;
11371137 and
11381138 (3) Include the last day of the time period, but if the last day is a Saturday,
11391139 Sunday, lel holiday, or day of recess the period continues to run until the end of the next day
11401140 that is not a Saturday, Sunday, lel holiday, or day of recess.
11411141 (c) For the purposes of these Rules, when counting a time period for a notice requirement
11421142 under these Rules, include days of recess.
11431143 282. FILING WITH THE SECRETARY.
11441144 (a) Unless a law or rule specifically provides otherwise, when a Councilmember is
11451145 required to file a document with or provide notice to the Secretary, the Councilmember shall
11461146 deliver an electronic or hard copy of the document or the notice to the Secretary.
11471147 (b)(1) A Councilmember shall also file an electronic copy in Word format of the
11481148 following documents with the Secretary by uploading to the Council’s intranet in a file under the
11491149 name of the Councilmember:
11501150 (A) A measure introduced pursuant to Rules 401 and 402;
11511151 (B) A committee print and report;
11521152 (C) Amendments; and
11531153 (D) Any other document required to be electronically filed by rule or law
11541154 or that the Secretary determines should be filed electronically.
11551155 (2) The text of any committee report uploaded to the Council’s intranet in pdf
11561156 format must be made text-readable prior to its upload.
11571157 (c) When an electronic copy is required under subsection (b) of this section, the
11581158 document shall not be considered as filed pursuant to subsections (a) and (b) of this section until
11591159 the electronic copy is filed. No measure may be noticed for a hearing or roundtable or added to
11601160 the agenda of the Committee of the Whole unless an electronic copy, in Word format, of the
11611161 measure has been uploaded to the Council’s intranet.
11621162 (d) Notwithstanding subsection (a) of this section, the Secretary may elect to receive a
11631163 document electronically or establish a system or method for the electronic filing of any
11641164 document. COUNCIL RULES, PERIOD XXV I
11651165
11661166 33
11671167
11681168 283. CIRCULATION TO MEMBERS AND COMMITTEES.
11691169 (a) The Secretary shall distribute, upon introduction or referral, an electronic copy of
11701170 each measure to each Councilmember. The Secretary shall also distribute to each
11711171 Councilmember, upon introduction or filing, a notice of investition by subpoena, and a
11721172 Mayoral disapproval of a Council act.
11731173 (b) Any document that is required to be circulated by a rule or law shall be distributed
11741174 electronically to all Members and staff and posted on the Council’s website.
11751175 (c) A Councilmember may elect to receive a hard copy of any document that is required
11761176 to be circulated by the Secretary or a Member.
11771177 ARTICLE III—PROCEDURES FOR MEETINGS.
11781178 A. LEGISLATIVE MEETINGS.
11791179 301. ORGANIZATIONAL MEETING.
11801180 On the first day of each Council Period that is not a Saturday, Sunday, or lel holiday,
11811181 the Council shall convene an ornizational meeting for the purpose of considering the adoption
11821182 of Rules of Ornization and Procedure and Code of Official Conduct, selecting a Chairman Pro
11831183 Tempore pursuant to Rule 212, appointing committee chairs and memberships, appointing
11841184 Councilmembers to regional bodies, and appointing Council officers. If a quorum is not present,
11851185 the Chairman shall convene an ornizational meeting as soon as feasible.
11861186 302. REGULAR MEETINGS.
11871187 (a) The Council shall hold a regular legislative meeting on the first Tuesday of every
11881188 month except during a Council Recess or an election year. When the day for a regular legislative
11891189 meeting falls on a lel holiday, the meeting shall be held at the same time on the next day.
11901190 Regular legislative meetings shall begin at 12:00 p.m.
11911191 (b) Regular meetings of the Council shall be a hybrid of in-person and video
11921192 conferencing and held in the Council Chamber, Room 500 of the John A. Wilson Building, 1350
11931193 Pennsylvania Avenue, NW, and via the Zoom platform, or other such video conferencing
11941194 platform as from time to time may be designated by the Secretary.
11951195 (c) The Chairman may designate another time, day, or place for a legislative meeting at a
11961196 prior legislative meeting or meeting of the Committee of the Whole or by circulating and filing
11971197 notice with the Secretary at least 48 hours before the meeting.
11981198 (d) The Chairman may cancel a future regularly scheduled meeting. The Secretary shall
11991199 circulate notice to each Councilmember and the public of a meeting cancellation. COUNCIL RULES, PERIOD XXV I
12001200
12011201 34
12021202
12031203
12041204 303. ADDITIONAL AND SPECIAL MEETINGS.
12051205
12061206 (a) The Chairman may call additional legislative meetings of the Council.
12071207 (b) Any 2 Councilmembers may request that the Chairman call a special legislative
12081208 meeting. The request in writing shall be filed with the Secretary. Immediately upon the filing of
12091209 the request, the Secretary shall notify the Chairman and other Councilmembers of the filing of
12101210 the request. If, within 3 business days after the request is filed, the Chairman does not call the
12111211 requested special meeting, a majority of the Councilmembers may file with the Secretary a
12121212 written notice that a special legislative meeting shall be held, specifying the date, hour, place,
12131213 and agenda of the special legislative meeting; provided, that the meeting shall not occur less than
12141214 48 hours after the notice. Immediately upon the filing of the notice, the Secretary shall circulate
12151215 notice to each Councilmember as provided in subsection (c) of this section.
12161216 (c) Whenever an additional or special legislative meeting is called, the Secretary shall
12171217 circulate notice to each Councilmember not less than 48 hours before the additional or special
12181218 meeting. An additional legislative meeting to consider an emergency and temporary matter may
12191219 be called upon shorter notice, if a majority of the Members agree in writing to the shorter notice.
12201220 The Secretary shall provide prompt notice of the meeting to the public, including on the Council
12211221 website. The notice shall state the date, hour, place, and agenda of the meeting and may state
12221222 whether items are to be considered on a consent or non-consent agenda.
12231223 (d) No matter shall be considered at an additional or special legislative meeting except
12241224 those stated in the request and notification.
12251225 (e) The Chairman may add to the agenda of an additional legislative meeting that has
12261226 been noticed, with the written agreement of a majority of the Councilmembers, an emergency or
12271227 temporary measure or, without objection, a permanent measure.
12281228 304. QUORUM.
12291229 (a) A majority of the Councilmembers shall constitute a quorum for the lawful convening
12301230 of a meeting and for the transaction of business, except as provided in Rule 502.
12311231 (b) A meeting may not begin until a quorum is ascertained by the Chairman.
12321232 (c) Once a quorum has been ascertained, the meeting shall proceed, unless a
12331233 Councilmember raises the absence of a quorum, whereupon the Chairman shall direct the calling
12341234 of the roll and shall announce the result.
12351235 (d) In the absence of a quorum, the Chairman may order a Call of the House, during
12361236 which no debate or motion shall be in order except a motion to adjourn. COUNCIL RULES, PERIOD XXV I
12371237
12381238 35
12391239
12401240 (e) During a Call of the House, the Council shall stand in recess for no more than 20
12411241 minutes to find absent Members. After the recess, the roll shall be called ain. If a quorum is
12421242 present, the meeting shall proceed. If a quorum is not present, the meeting shall be recessed or
12431243 adjourned.
12441244 305. HEARING THE MAYOR.
12451245 The Mayor has the right to be heard by the Council upon request and at reasonable times
12461246 set by the Council.
12471247 306. RECESS.
12481248 (a) Except as set forth in subsection (b) of this section, no measure, other than an
12491249 emergency declaration resolution, emergency measure, and accompanying temporary bill, a veto
12501250 override, or a resolution to approve or disapprove a contract, to be considered at a special or
12511251 additional meeting called pursuant to these Rules, may be introduced during a recess of the
12521252 Council, and no committee may take official action during a recess of the Council; provided, that
12531253 when specifically authorized to do so by a vote of a majority of the Council, a committee may
12541254 hold a public hearing or roundtable. A notice of future committee action may be filed during a
12551255 recess of the Council.
12561256 (b)(1) A resolution approving or disapproving a contract in excess of $1 million or a
12571257 multiyear contract may be introduced during any recess period.
12581258 (2) A proposed contract that is required to be submitted to the Council pursuant to
12591259 section 451 of the Charter (D.C. Official Code § 1-204.51) may be transmitted to the Secretary
12601260 during the 30-day period before the end of the summer recess of the Council, and a committee
12611261 may hold a public hearing and take official action on the proposed contract.
12621262 (3) A proposed federal-aid highway contract in excess of $1 million during a 12-
12631263 month period that is required to be submitted to the Council for its review pursuant to section
12641264 451 of the Charter (D.C. Official Code § 1-204.51) may be transmitted to the Secretary during a
12651265 recess of the Council. A committee may hold a public hearing and take official action on the
12661266 proposed federal-aid highway contract during the recess, and a resolution approving or
12671267 disapproving the proposed federal-aid highway contract may be introduced during the recess and
12681268 during the 10-day period following submission of the proposed federal-aid highway contract to
12691269 the Council.
12701270 (4) The Committee of the Whole may hold a hearing or roundtable on any matter
12711271 relating to the affairs of the District during the recess; except, that this paragraph shall not be
12721272 used to comply with the requirement of Rule 501(a)(2). COUNCIL RULES, PERIOD XXV I
12731273
12741274 36
12751275
12761276 (c) During any period of recess, the Secretary is authorized to receive measures returned
12771277 by the Mayor.
12781278 307. COUNCIL REVIEW OF CONTRACTS.
12791279 (a) There is a 4.00 p.m. filing deadline for all proposed contracts required to be submitted
12801280 to the Council pursuant to section 451 of the Charter (D.C. Official Code § 1-204.51). The
12811281 Secretary shall ensure that a copy of the proposed contract or contract modification is designated
12821282 as urgent and circulated electronically or otherwise to the office of each member of the Council,
12831283 the General Counsel, and the Budget Director within 24 hours (excluding Saturdays, Sundays,
12841284 and holidays) following its receipt by the Secretary.
12851285 (b) Notwithstanding Rule 402(b), the time period for Council review of a proposed
12861286 contract or contract modification pursuant to section 451 of the Charter (D.C. Official Code § 1-
12871287 204.51) shall begin on the first day (excluding Saturdays, Sundays, and lel holidays) following
12881288 receipt by the Secretary of the proposed contract or contract modification.
12891289 (c) Notwithstanding Rules 401 and 402, no proposed contract or contract modification
12901290 that is required to be submitted to the Council pursuant to section 451 of the Charter (D.C.
12911291 Official Code § 1-204.51) may be submitted between July 5, 2023, and July 15, 2023, or
12921292 between July 5, 2024, and July 15, 2024.
12931293 (d) Notwithstanding Rules 401 and 402, a resolution approving or disapproving a
12941294 proposed contract shall be introduced by at least 3 Councilmembers.
12951295 (e) Review and approval by the Council of the annual capital program of federal-aid
12961296 highway projects shall constitute Council review and approval of the individual contracts that
12971297 make up the annual program.
12981298 (f) The Secretary shall place an electronic copy of the summary of a proposed contract on
12991299 the Legislative Information Management System so that it may be accessed through the Council
13001300 website within 24 hours (excluding Saturdays, Sundays, and lel holidays) following its receipt.
13011301 308. POLICY AND ECONOMIC IMPACT ANALYSES.
13021302 (a) The Budget Director may prepare a policy and economic impact analysis of a
13031303 permanent bill.
13041304
13051305 (b) The purpose of a policy and economic impact analysis is to offer Councilmembers
13061306 an independent, data and evidence-based resource for weighing the policy implications and
13071307 economic costs and benefits of legislation. The analysis may include research on the District’s
13081308 existing lel framework, policy choices made by other jurisdictions, a review of the academic
13091309 literature on the subject, consideration of demographic data, and the estimated costs or benefits COUNCIL RULES, PERIOD XXV I
13101310
13111311 37
13121312
13131313 to the District’s economy.
13141314
13151315 (c) If the Budget Director prepares a policy and economic impact analysis for a
13161316 permanent bill, it shall be circulated no later than noon on the business day before the
13171317 legislative meeting at which the permanent bill is to be considered.
13181318
13191319 (d) A Councilmember may request that the Budget Director develop a policy and
13201320 economic impact analysis outside of the legislative process.
13211321
13221322 (e) The findings and conclusions of an economic-impact analysis, if any, are not binding
13231323 on the Council, and the findings and conclusions shall not prevent the Council from considering
13241324 the bill.
13251325
13261326 309. FISCAL IMPACT STATEMENTS.
13271327 (a)(1) Except as provided in paragraphs (2) and (3) of this subsection, a fiscal impact
13281328 statement is required for each measure, as provided in subsections (b) and (c) of this section.
13291329 (2) A fiscal impact statement is not required for an emergency declaration, a
13301330 ceremonial, a confirmation or appointment, or a sense of the Council resolution, or a resolution
13311331 that expresses a simple determination, decision or direction of the Council of a special or
13321332 temporary character, or for a proposed amendment to those measures.
13331333 (3) A funding certification issued by an independent agency or the Chief Financial
13341334 Officer for a contract shall be sufficient to meet the requirements of this section.
13351335 (b)(1) Pursuant to subsection (a) of this section, a fiscal impact statement issued by the
13361336 Chief Financial Officer is required at the time of consideration of a permanent bill or resolution
13371337 being marked up by a committee. A bill or resolution that has been sequentially referred pursuant
13381338 to Rule 404(c) must have a fiscal impact statement by the Chief Financial Officer at the time of
13391339 each committee markup in the sequential referral.
13401340 (2) A committee shall not mark up a bill or resolution unless a fiscal impact
13411341 statement has been circulated to all Councilmembers before the measure is considered at markup.
13421342 (3) Notwithstanding paragraphs (1) and (2) of this subsection, a fiscal impact
13431343 statement shall not be required at the Committee of the Whole markup of a Local Budget Act,
13441344 Federal Portion Budget Request Act, or Budget Support Act; except, that the Chief Financial
13451345 Officer shall issue a fiscal impact statement for a Local Budget Act, Federal Portion Budget
13461346 Request Act, and Budget Support Act by final reading of those measures. COUNCIL RULES, PERIOD XXV I
13471347
13481348 38
13491349
13501350 (c) A fiscal impact statement provided by the Budget Director or the Chief Financial
13511351 Officer is required at the time of consideration of:
13521352 (1) A proposed amendment to a resolution or a bill being marked up by a
13531353 committee;
13541354 (2) A proposed amendment to a resolution or a bill that is moved at first, second,
13551355 or any subsequent reading of the Council;
13561356 (3) An emergency resolution or bill; provided, that a new fiscal impact statement
13571357 is not required for a congressional review emergency (“CRE”) when the CRE is identical, except
13581358 for technical changes, to the preceding emergency measure;
13591359 (4) A temporary bill; and
13601360 (5) A revenue bond resolution.
13611361 (d) A Councilmember requesting a fiscal impact statement from the Budget Director shall
13621362 endeavor to make the request at the earliest opportunity prior to circulation of the measure
13631363 pursuant to Rule 424. The request shall include a draft of the measure and, when the measure is
13641364 amendatory, a comparative print.
13651365 310. LEGAL SUFFICIENCY DETERMINATIONS.
13661366 (a) Except as provided in subsection (c) of this section, a lel sufficiency determination
13671367 is required at the time of consideration of:
13681368 (1) A resolution or bill being marked up by a committee;
13691369 (2) A resolution retained by the Council;
13701370 (3) An emergency resolution or bill; provided, that a new lel sufficiency
13711371 determination is not required for a congressional review emergency (“CRE”) when the CRE is
13721372 identical, except for technical changes, to the preceding emergency measure;
13731373 (4) A temporary bill; and
13741374 (5) An amendment to a resolution or a bill that is moved at mark-up, first, second,
13751375 or any subsequent reading of the Council.
13761376 (b) A Councilmember requesting a lel sufficiency determination from the General
13771377 Counsel pursuant to subsection (a) of this section shall endeavor to make the request:
13781378 (1) For a measure listed in subsection (a)(1) of this section, at least 10 days before
13791379 the markup. Notwithstanding the term “endeavor,” the Councilmember shall notify the General COUNCIL RULES, PERIOD XXV I
13801380
13811381 39
13821382
13831383 Counsel at least 10 days before a markup of the intent to mark up the measure and shall provide
13841384 a draft of the measure.
13851385 (2) For a measure listed in subsection (a)(2) through (5) of this section, at least 2
13861386 business days prior to the time of consideration, unless the request is for an amendment to a
13871387 measure that was circulated less than 2 business days before a scheduled vote.
13881388 (c) A lel sufficiency determination is not required for:
13891389 (1) An emergency declaration resolution;
13901390 (2) A ceremonial resolution;
13911391 (3) A sense of the Council resolution;
13921392 (4) A resolution adopting Council Rules, appointing Council officers and
13931393 committee chairpersons and members, or otherwise pertaining to the internal operation or
13941394 ornization of the Council;
13951395 (5) A resolution listed in this subsection that is moved on an emergency basis;
13961396 (6) An amendment to a resolution listed in this subsection; or
13971397 (7) An amendment to a budget measure that contains only adjustments to a dollar
13981398 amount or other budget numbers.
13991399 311. RACIAL EQUITY IMPACT ASSESSMENTS.
14001400 (a)(1) Except as provided in this subsection or subsection (b) of this Rule, the Council
14011401 Office of Racial Equity shall, within 30 days after the hearing record is closed, issue a Racial
14021402 Equity Impact Assessment for each bill for which a hearing is held.
14031403 (2) If there are multiple hearings on a bill, the Council Office of Racial Equity
14041404 may comply with this subsection by issuing the REIA within 30 days after the close of the
14051405 hearing record of any of the hearings on the bill.
14061406 (3) If a Committee provides notice to the Council Office of Racial Equity before
14071407 30 days after the close of the hearing record for the last hearing on a bill for which no Racial
14081408 Equity Impact Assessment was issued, the Council Office of Racial Equity may issue a Racial
14091409 Equity Impact Assessment on the committee print before the markup in lieu of complying with
14101410 paragraph (1) of this subsection.
14111411 (b) This rule shall not apply to: COUNCIL RULES, PERIOD XXV I
14121412
14131413 40
14141414
14151415 (1) Public space designations;
14161416 (2) Street or Alley closures, openings, dedications, changes to building restriction
14171417 lines, or highway plan amendments;
14181418 (3) General-oblition bond acts and revenue anticipation notes acts;
14191419 (4) Interstate compacts;
14201420 (5) Transfers of jurisdiction;
14211421 (6) Tax abatements, exemptions, rebates, and other tax legislation that is not of
14221422 general applicability;
14231423 (7) Acts authorizing the issuance of specialty motor-vehicle identification tags;
14241424 (8) A Local Budget Act, a Budget Support Act, or a Federal Portion Budget
14251425 Request Act;
14261426 (9) Enactment legislation or technical-amendment legislation; or
14271427 (10) Bills for which the Committee chair of each committee to which the bill was
14281428 referred notifies the Council Office of Racial Equity that the Committee does not intend to mark
14291429 up the legislation in this Council Period.
14301430 (c)(1) Each Racial Equity Impact Assessment shall include a statement of the bases for
14311431 the estimated impact on racial equity, as that term is defined in Rule 101, and shall describe the
14321432 sources, assumptions, and methodologies used in arriving at the assessment.
14331433 (2) Where a Racial Equity Impact Assessment identifies a netive impact on
14341434 racial equity, the Council Office of Racial Equity may recommend policy proposals closely
14351435 related to the proposed bill and within the Council’s authority to mitite such netive impact.
14361436 (3) The findings of a Racial Equity Impact Assessment shall not be binding and
14371437 shall not prevent the Council or committee from considering the bill.
14381438 (4) Where a Racial Equity Impact Assessment identifies a netive impact on
14391439 racial equity, the bill may be placed on the non-consent agenda and the committee report on the
14401440 bill shall acknowledge and respond to the netive racial equity impacts identified.
14411441 (d)(1) For bills that received a Racial Equity Impact Assessment pursuant to subsection
14421442 (a) of this Rule, the Council Office of Racial Equity may issue a supplemental Racial Equity
14431443 Impact Assessment in advance of the markup of those measures. COUNCIL RULES, PERIOD XXV I
14441444
14451445 41
14461446
14471447 (2) At least 10 business days before the markup of a bill, the Committee chair
14481448 shall notify the Director of Racial Equity of the intent to mark up the measure and shall provide a
14491449 draft of the measure and comparative print. When a bill is sequentially referred, the requirements
14501450 of this paragraph shall only apply to the last Committee in the sequential referral.
14511451 (3) If a Committee intends to mark up a bill for which a hearing was held in a
14521452 prior Council Period, but for which no Racial Equity Impact Assessment was issued, the
14531453 Committee shall comply with paragraph (2) of this subsection and the Council Office of Racial
14541454 Equity shall issue a Racial Equity Impact Assessment on the committee print before the markup.
14551455 (e) The Council Office of Racial Equity may, at the request of a committee chair, conduct
14561456 a Racial Equity Impact Assessment on any matter under the requesting committee’s jurisdiction;
14571457 provided, that such assessment does not inhibit the issuance of Racial Equity Impact
14581458 Assessments under subsection (a) or (d) of this Rule.
14591459 (f) The framework for the Racial Equity Impact Assessment shall be developed by the
14601460 Director of Racial Equity, or the Director’s designee, in close consultation with individuals and
14611461 ornizations with expertise in racial equity analysis, and published online.
14621462 312. PRESENTATION OF LEGISLATION TO THE COUNCIL.
14631463 A measure reported by a committee may be presented by the chairperson of the
14641464 committee or by another member of the committee designated by the chairperson of the
14651465 committee. In the absence of the chairperson of the committee and the designation of a member
14661466 of the committee, the Chairman may present the measure for consideration by the Council.
14671467 313. [RESERVED].
14681468 314. EXPEDITED OPTIONAL PROCEDURE FOR REVENUE BONDS AND REVIEW
14691469 RESOLUTIONS.
14701470 (a) This section shall apply to:
14711471 (1) Revenue bonds resolutions; and
14721472 (2) Resolutions rerding agency rules, confirmations, and other actions that:
14731473 (A) Are proposed by the Mayor or an independent agency for
14741474 promultion or adoption; and
14751475 (B) Will be deemed approved or disapproved after a set period of time by
14761476 operation of law. COUNCIL RULES, PERIOD XXV I
14771477
14781478 42
14791479
14801480 (b) A resolution covered by this section may, at the option of the committee chairperson,
14811481 be placed on the non-consent agenda of the next regular legislative meeting following approval
14821482 by a committee, without referral to the Committee of the Whole.
14831483 (c) If notice of intent to move the resolution and the committee report for the resolution
14841484 are not filed before noon on the third business day before the legislative meeting, a resolution
14851485 may not be placed on the legislative agenda pursuant to this section.
14861486 (d) If a reported resolution is considered at a legislative meeting under this section, the
14871487 lel sufficiency, technical compliance with the drafting rules of the Council, completion of the
14881488 record of the reported resolution, and the sufficiency of the fiscal impact statement, if required
14891489 by Rule 309, shall be reviewed at the legislative meeting at which it is considered.
14901490 B. ORDER OF BUSINESS FOR MEETINGS.
14911491 315. ORDER OF BUSINESS FOR REGULAR MEETINGS.
14921492 During a regular legislative meeting, the Council shall take up business in the following
14931493 order, unless a different order has been set for a particular meeting by action of the Committee of
14941494 the Whole:
14951495 (1) Call to order at the time and place set forth pursuant to Rule 302;
14961496 (2) Moment of silence;
14971497 (3) Determination by the Chairman of the presence of a quorum;
14981498 (4) Secretary’s report on the filing of reports by committees, unless the formal
14991499 reading of the report is waived by the Council;
15001500 (5) Secretary’s report on the introduction of new measures filed with that office,
15011501 unless the formal reading of the report is waived;
15021502 (6) Approval of the consent agenda without objection;
15031503 (7) Final reading by short title and final vote on bills that have been pending at
15041504 least 13 days since they were previously read, except as provided in paragraph (6) of this section;
15051505 (8) Reading by short title and vote on reported and discharged bills, except as
15061506 provided in paragraph (6) of this section;
15071507 (9) Reading by short title and vote on proposed resolutions, except as provided in
15081508 paragraph (6) of this section; COUNCIL RULES, PERIOD XXV I
15091509
15101510 43
15111511
15121512 (10) Reading by short title and vote on resolutions declaring the existence of
15131513 emergencies and accompanying emergency measures, except for contracts placed on the consent
15141514 agenda;
15151515 (11) Reading by short title and vote on temporary legislation;
15161516 (12) Official communications received from the Mayor or an agency; and
15171517 (13) Other business.
15181518 316. ORDER OF BUSINESS FOR ADDITIONAL AND SPECIAL MEETINGS.
15191519 During an additional or special meeting, the Council shall take up business in the
15201520 following order:
15211521 (1) Call to order at the time and place set forth in the meeting notice;
15221522 (2) Moment of silence;
15231523 (3) Determination by the Chairman of the presence of a quorum; and
15241524 (4) Such items in the order set forth in the meeting notice.
15251525 317. PROCEEDING OUT OF ORDER.
15261526 The Chairman, without objection, or upon the vote of a majority of the Councilmembers
15271527 present and voting, may proceed on any item of business out of order.
15281528 C. RULES OF DECORUM.
15291529 321. DECORUM OF MEMBERS.
15301530 (a) Councilmembers shall refrain from private discourse or other acts tending to distract
15311531 the attention of the Council from the business before it.
15321532 (b) In debate, a Councilmember shall confine remarks to the pending question and avoid
15331533 the use of personalities.
15341534 (c) A Councilmember, in referring to another Councilmember, should avoid using the
15351535 Councilmember’s name, rather identifying that Member by ward or at-large status, as the
15361536 Councilmember who last spoke, or by describing the Councilmember in some other manner.
15371537 (d) It is not the person but the measure that is the subject of debate, and it is not allowable
15381538 to question or impugn the motives of a Councilmember, but the nature or consequences of a
15391539 measure may be condemned in strong terms. COUNCIL RULES, PERIOD XXV I
15401540
15411541 44
15421542
15431543 322. DECORUM OF MEMBERS OF THE PUBLIC.
15441544 (a)(1) No person may commit any act tending to distract the attention of the Council from
15451545 the business before it.
15461546 (2) No person may enge in loud, threatening, or abusive language, or disruptive
15471547 conduct in the John A. Wilson Building or on any virtual platform with the intent or effect of
15481548 impeding or disrupting the orderly conduct of business.
15491549 (b) The Chairman shall maintain order during a meeting. If the Chairman determines that
15501550 the removal of a person other than a Councilmember is necessary to maintain order, after
15511551 warning the person, the Chairman may order the removal of the person.
15521552 (c) Unless permitted by the Chairman, no person, other than Council staff may enter the
15531553 area designated as the well or the dais of the Chamber during an official meeting of the Council.
15541554 (d)(1) No signs, placards, posters, or attention-seeking devices of any kind or nature shall
15551555 be carried or placed within the Council hearing or meeting rooms or Chamber or any area where
15561556 a public hearing is being conducted. No demonstrations are permitted in the Chamber or any area
15571557 in which a Council proceeding or a public hearing is being conducted.
15581558 (2) This prohibition shall not apply to armbands, emblems, badges, or other
15591559 articles worn on the personal clothing of individuals; provided, that such armbands, emblems,
15601560 badges, or other articles are of such a size and nature as not to interfere with the vision or hearing
15611561 of other persons at a meeting nor extend from the body, potentially causing injury to another.
15621562 (3) Any person who violates the provisions of this subsection relating to signs, or
15631563 who willfully interrupts or disturbs Council proceedings, after a warning to desist, may be
15641564 removed from the proceeding or premises.
15651565 (4) Models, photographs, maps, charts, drawings, and other such demonstrative
15661566 materials intended for use in a presentation by a specific person in testimony before the Council
15671567 shall be permitted without objection.
15681568 (e) No person, except a Councilmember or Council staff, shall be allowed in the
15691569 anterooms of the Chamber during the course of any hearing or other proceeding of the Council or
15701570 any committee of the Council, except upon invitation of the Chairman or the chairperson of the
15711571 committee holding the public hearing. COUNCIL RULES, PERIOD XXV I
15721572
15731573 45
15741574
15751575 D. RULES OF DEBATE.
15761576 331. OBTAINING THE FLOOR.
15771577 A Councilmember who wishes to speak, give notice, make a motion, submit a report, or
15781578 obtain the floor for any other purpose, shall address and be recognized by the Chairman before
15791579 addressing the Council.
15801580 332. TIME LIMITS FOR DEBATE.
15811581 (a) No Councilmember may be recognized more than once to debate or make a motion
15821582 relating to a pending matter until all Councilmembers who wish to speak have been recognized.
15831583 (b) A Councilmember may speak no more than 3 minutes during the first round of debate
15841584 on a pending matter, and no more than 2 minutes during a subsequent round.
15851585 (c) A Councilmember may yield all or part of the Councilmember’s time provided by this
15861586 section to another Councilmember.
15871587 (d) The Chairman may, in the Chairman’s discretion, modify time limitations with
15881588 respect to specific matters scheduled for debate.
15891589 333. PERSONAL PRIVILEGE.
15901590 Any Councilmember, as a matter of personal privilege, may speak no more than 10
15911591 minutes under new business concerning a matter outside of a legislative meeting that may affect
15921592 the Council collectively, its rights, its dignity, or the integrity of its proceedings, or the rights,
15931593 reputation, or conduct of its individual members in their representative capacities only.
15941594 334. APPEAL.
15951595 An appeal may be made from any decision of the Chairman. A Councilmember shall
15961596 state the basis for appealing a decision, to which the Chairman may respond. An appeal from a
15971597 decision of the Chairman must be made promptly and before other business has intervened. A
15981598 majority or tie vote of the Members present and voting on the question (whether the decision of
15991599 the Chairman shall be sustained) sustains the decision. An appeal is not debatable; provided, that
16001600 the Chairman may explain the basis for the Chairman’s decision.
16011601 335. POINT OF ORDER.
16021602 A point of order is made when a Member raises the question to the Chairman, and seeks a
16031603 determination by the Chairman, as to whether there has been a breach of order or Council Rule.
16041604 A point of order is not debatable unless the Chairman permits debate. If the Chairman permits
16051605 debate on a point of order, the Chairman may limit debate. COUNCIL RULES, PERIOD XXV I
16061606
16071607 46
16081608
16091609 336. PARLIMENTARY INQUIRY.
16101610 A parliamentary inquiry is made when a Member raises a question to the Chairman
16111611 seeking information about the procedure or business before the Council. The Chairman shall
16121612 answer the question about the procedure or business before the Council, or, when the Chairman
16131613 does not possess the information sought may direct the question to a Member or the General
16141614 Counsel who may be in possession of the information. A parliamentary inquiry is not debatable
16151615 or appealable.
16161616 337. RECOGNITION OF NON-MEMBERS.
16171617 The Chairman may recognize a person who is not a Councilmember if the participation of
16181618 the person would, in the judgment of the Chairman, enhance the understanding of the matter
16191619 under consideration by the Council.
16201620 E. MOTIONS.
16211621 341. MOTIONS RECOGNIZED DURING DEBATE.
16221622 When a question is under debate, the Chairman may entertain the following motions,
16231623 which shall take precedence in the following order:
16241624 (1) To adjourn;
16251625 (2) To recess;
16261626 (3) To reconsider;
16271627 (4) To lay on the table;
16281628 (5) To move the previous question;
16291629 (6) To close debate;
16301630 (7) To postpone to a certain time;
16311631 (8) To recommit to committee;
16321632 (9) To amend;
16331633 (10) To postpone indefinitely;
16341634 (11) To discharge; or
16351635 (12) To take from the table. COUNCIL RULES, PERIOD XXV I
16361636
16371637 47
16381638
16391639 342. WITHDRAWAL OR MODIFICATION OF MOTIONS.
16401640 Any motion may be withdrawn or modified by the mover at any time before it has been
16411641 amended or voted on.
16421642 343. ADJOURN.
16431643 The Chairman shall adjourn a meeting when there is no more business before the
16441644 Council. A Councilmember may move to adjourn at any time. A motion to adjourn is not
16451645 debatable, but the Chairman may inform the Councilmembers of any unfinished business
16461646 requiring attention of the Council.
16471647 344. RECESS.
16481648 (a) The Chairman may, without a vote, recess a legislative meeting of the Council to
16491649 another time, day, or place.
16501650 (b)(1) A Councilmember may move to recess a meeting.
16511651 (2) A Councilmember may move to amend a pending motion to recess to set a
16521652 different length of the recess.
16531653 (3) If a motion to recess does not specify the time, day, or place at which the
16541654 meeting will reconvene, the Chairman may set a time, day, or place, or call the meeting to order
16551655 and summons the Members in accordance with Rule 368.
16561656 (4) Neither a motion to recess nor a motion to amend a pending motion to recess
16571657 shall be debatable.
16581658 (c)(1) A committee chairperson may, without a vote, recess a hearing or roundtable and
16591659 reconvene the hearing or roundtable at a future time, day, or place.
16601660 (2) If a hearing or roundtable is recessed without specifying the future time, day,
16611661 or place for the hearing or roundtable, the chairperson of that committee shall circulate notice of
16621662 the new time, day, or place in accordance with Rule 283.
16631663 345. RECONSIDER.
16641664 (a) A Councilmember recorded as having voted with the prevailing side on a question
16651665 may move to reconsider the question at any time, except as limited by this section.
16661666 (b)(1) A bill may be reconsidered before it has been signed or vetoed by the Mayor, or
16671667 before it has been deemed approved by operation of section 404 of the Home Rule Act (D.C.
16681668 Official Code § 1-204.04). COUNCIL RULES, PERIOD XXV I
16691669
16701670 48
16711671
16721672 (2) A resolution may be reconsidered at any time before its implementation.
16731673 (3) A committee may reconsider its vote to report a measure at any time before
16741674 the Council votes on the measure.
16751675 (4) A motion to reconsider a question considered at a different meeting shall not
16761676 be in order unless the motion to reconsider has been noticed in accordance with Rule 429.
16771677 (c) For the purpose of this rule, a Councilmember who was present and voting on a
16781678 question decided by a voice vote shall be considered as having voted with the prevailing side on
16791679 the question, unless the Councilmember had asked to be recorded as voting ainst the prevailing
16801680 side or recorded as “PRESENT”.
16811681 (d) A motion to reconsider cannot be made by a Councilmember who was absent during a
16821682 voice or roll-call vote on a question.
16831683 (e) A motion to reconsider requires the approval of a majority of the Councilmembers
16841684 present and voting.
16851685 (f)(1) If the question to which a motion to reconsider applies is debatable, the motion to
16861686 reconsider is debatable, and the debate may go to the question.
16871687 (2) If the question to which a motion to reconsider applies is not debatable, the
16881688 motion to reconsider shall not be debatable.
16891689 (g) If a motion to reconsider fails, the motion cannot be repeated.
16901690 (h) A motion to reconsider is not required to consider amendments accepted or rejected
16911691 on a previous reading of a measure.
16921692 (i) Votes to approve or amend these Rules may not be reconsidered pursuant to this
16931693 section.
16941694 346. LAY ON THE TABLE.
16951695 (a)(1) A Councilmember may make an unqualified motion to lay a question on the table,
16961696 which is not debatable and, if adopted by a majority of Councilmembers present and voting, shall
16971697 immediately end debate on the question.
16981698 (2) If an amendment to a measure is pending before the Council, a
16991699 Councilmember may make a motion to lay the amendment on the table, which is not debatable
17001700 and, if adopted by a majority of Councilmembers present and voting, shall immediately end
17011701 debate on the amendment.
17021702 (b) A motion to lay on the table may be applied to main motions only. COUNCIL RULES, PERIOD XXV I
17031703
17041704 49
17051705
17061706 (c) A committee chairperson may carry over a measure reported by that committee from
17071707 Council consideration until the next regular legislative meeting (or additional meeting, with the
17081708 Chairman’s concurrence) in this Council Period. If a measure has been sequentially referred, the
17091709 committee chairperson of the last-reporting committee may carry over a measure under this
17101710 subsection.
17111711 347. MOTION TO MOVE THE PREVIOUS QUESTION .
17121712 (a) A Councilmember may limit debate by making a motion to move the previous
17131713 question, which shall require approval of 2/3rds of the Councilmembers present and voting. If a
17141714 motion to move the previous question carries, no further debate is in order on the pending
17151715 question, and no further amendments to the main motion are in order absent a motion to
17161716 reconsider the motion to move the previous question.
17171717 (b) A Motion to move the previous questions is not debatable.
17181718 348. MOTION TO CLOSE DEBATE.
17191719 (a) A Councilmember also may limit debate by making a motion to close debate, which is
17201720 not debatable.
17211721 (b) A motion to close debate shall require approval of 2/3rds of the Councilmembers
17221722 present and voting. If a motion to close debate carries, no further debate is in order, except that:
17231723 (1) Each Councilmember who has not spoken on the pending question may speak
17241724 for no more than 2 minutes; and
17251725 (2) The Chairman may recognize the maker of the pending motion.
17261726 349. POSTPONE TO A CERTAIN TIME.
17271727 (a) A Councilmember may move to postpone a question to a certain time, which shall be
17281728 adopted by a majority of Councilmembers present and voting. A motion to postpone to a certain
17291729 time is debatable, though it is not in order to debate the merits of the underlying question.
17301730 (b) A motion to postpone to a certain time may be applied to main motions only.
17311731 350. RECOMMIT.
17321732 A Councilmember may move to recommit a measure pending before the Council to a
17331733 standing committee. If a majority of Councilmembers present and voting approve a motion to
17341734 recommit, the Chairman shall refer the measure to a standing committee or committees in
17351735 accordance with Rule 404. A motion to recommit is debatable, though debate shall be limited to COUNCIL RULES, PERIOD XXV I
17361736
17371737 50
17381738
17391739 the desirability of committing the measure to the committee. Debate on the merits of the measure
17401740 is not in order while a motion to recommit is pending.
17411741 351. AMEND.
17421742 A Councilmember may move to amend a measure pursuant to Part F of this Article.
17431743 352. POSTPONE INDEFINITELY.
17441744 (a) A Councilmember may move to postpone indefinitely any question pending before
17451745 the Council. A motion to postpone indefinitely is debatable, and it is in order to debate the merits
17461746 of the underlying question.
17471747 (b) A motion to postpone indefinitely requires a vote of the majority of Councilmembers
17481748 present and voting.
17491749 (c) Upon adoption of a motion to postpone indefinitely, the question may not be
17501750 reconsidered unless 2/3rds of Councilmembers present and voting agree to reconsider the
17511751 question.
17521752 (d) A motion to postpone indefinitely may be applied to main motions only.
17531753 353. DISCHARGE.
17541754 The Council may, by a vote of 2/3rds of the Members present and voting, discharge a
17551755 committee from further consideration of a measure that has been referred to the committee. Upon
17561756 approval of the discharge motion, the Council shall consider the measure as if it had been
17571757 reported from the committee without amendment or modification or recommit the measure to
17581758 another committee.
17591759 354. TAKE FROM THE TABLE.
17601760 (a) When no question is pending before the Council, a Councilmember may move to take
17611761 from the table any measure previously tabled during the legislative meeting.
17621762 (b) When a measure is pending before the Council, a Councilmember may move to take
17631763 from the table any amendment to the measure that was previously tabled.
17641764 (c) Provided that a Councilmember provided the notice required by Rule 429(2), the
17651765 Councilmember may move to take from the table any measure tabled during a previous
17661766 legislative meeting.
17671767 (d) A motion to take from the table is not debatable and shall be adopted by a majority
17681768 vote of Councilmembers present and voting. COUNCIL RULES, PERIOD XXV I
17691769
17701770 51
17711771
17721772 (e)(1) Upon adoption of a motion to take a question from the table, the question shall be
17731773 before the Council in the same status as it was when the Council tabled the question.
17741774 (2) If the motion to take a question from the table does not occur during the
17751775 legislative meeting at which the question was tabled, each Councilmember shall be entitled to
17761776 debate the question as if the last motion adhering to the question was just made.
17771777 F. AMENDMENTS.
17781778 355. AMENDMENTS TO BE WRITTEN.
17791779 (a) Councilmembers shall endeavor to file with the Secretary amendments to pending
17801780 measures by 6:00 p.m. on the business day before the legislative meeting at which they are to be
17811781 moved. The Secretary shall circulate links to the amendments shortly after 6:00 p.m.
17821782 (b)(1) If a Councilmember has not filed an amendment with the Secretary in accordance
17831783 with subsection (a) of this section, the Councilmember shall circulate copies to each
17841784 Councilmember.
17851785 (2) A Councilmember shall file an amendment in accordance with Rule 282(a)
17861786 and (b) within 24 hours of the legislative meeting at which the amendment was offered if the
17871787 amendment was not previously filed in accordance with subsection (a) of this section.
17881788 (c) Notwithstanding any other rule, if an oral amendment is made before a vote on a
17891789 measure, such oral amendment shall be reduced to writing and read by the General Counsel, and
17901790 made available for public inspection as soon as practicable.
17911791
17921792 (d) As required by Rule 309, no amendment may be approved by the Council without a
17931793 fiscal impact statement presented to the Council at the time of its consideration; provided, that
17941794 the Chairman may waive these requirements if the Chairman concurs with the Budget Director
17951795 that there is no adverse fiscal impact.
17961796
17971797 (e) As required by Rule 310, no amendment may be approved by the Council without a
17981798 lel sufficiency determination presented to the Council at the time of its consideration;
17991799 provided, that the Chairman may waive these requirements if the Chairman concurs with the
18001800 General Counsel that the amendment is lelly sufficient.
18011801 356. GERMANE AMENDMENTS.
18021802 (a) To be germane to a measure, the amendment is required to relate in an appropriate,
18031803 relevant, and logical way to the subject of the main measure. It may entirely change the effect of
18041804 or be in conflict with the spirit of the main measure and still be germane to the subject. COUNCIL RULES, PERIOD XXV I
18051805
18061806 52
18071807
18081808 (b) An amendment in the nature of a substitute may be offered as long as it is germane to
18091809 the subject matter of the main measure.
18101810 (c) An amendment to a prior-offered amendment must be germane to the subject of the
18111811 prior-offered amendment and to the subject matter of the main measure.
18121812 (d) Every amendment proposed to an emergency or temporary measure must be germane
18131813 to the subject matter of the main measure to be amended.
18141814 (e) A non-germane amendment to a permanent bill requires 2 readings and must be
18151815 approved by 2/3rds of the Members present and voting.
18161816 357. FRIENDLY AMENDMENTS.
18171817 Without objection, the mover of a motion or a measure may accept a friendly
18181818 amendment, which, if accepted, shall be voted on simultaneously with the motion or measure. A
18191819 friendly amendment to a second-degree amendment is not considered a third-degree amendment.
18201820 358. AMENDMENT IN THE NATURE OF A SUBSTITUTE.
18211821 (a) A notice of intent to move an amendment in the nature of a substitute to a measure at
18221822 a legislative meeting shall be filed with the Secretary and circulated by noon on the business day
18231823 before the legislative meeting. The filed notice shall explain the rationale and the mover’s
18241824 reasoning for the amendment and be accompanied by the proposed amendment in the nature of a
18251825 substitute, which shall reflect all substantive changes from the prior version of the legislation
18261826 (committee print or engrossment) by using strikeovers on the language that is proposed to be
18271827 deleted from the prior version and underscore on all new language that is proposed to be added
18281828 by the amendment in the nature of a substitute.
18291829 (b) The mover of an amendment in the nature of a substitute may have a separate
18301830 amendment considered simultaneously with the amendment in the nature of a substitute.
18311831 (c) Notwithstanding subsection (a) of this section, if the Council is closed for a lel
18321832 holiday on the day before a legislative meeting, the notice and accompanying amendment shall
18331833 be filed and circulated no later than close of business on the business day before the legislative
18341834 meeting.
18351835 G. VOTING.
18361836 361. FORM OF VOTE.
18371837 Voting shall be in the form of “YES”, “NO”, and “PRESENT”. A vote of “PRESENT”
18381838 shall be deemed the equivalent of an abstention or a non-vote. COUNCIL RULES, PERIOD XXV I
18391839
18401840 53
18411841
18421842 362. VOICE VOTES.
18431843 Except as provided in Rule 363, votes on all questions shall be by voice, with the results
18441844 determined by the Chairman. A Councilmember’s vote upon any matter shall be recorded upon
18451845 request.
18461846 363. DEMAND FOR ROLL-CALL VOTE.
18471847 Any Member, in advance of a vote or immediately thereafter, may demand a roll-call
18481848 vote.
18491849 364. CALLING THE ROLL.
18501850 When a roll-call vote is demanded, the Secretary shall call the roll of the
18511851 Councilmembers in rotating alphabetical order so that the Councilmember whose name is called
18521852 first is the same Member whose name was called second on the next previous vote, and so on
18531853 through the roll, so that the Councilmember whose name is called last is the same
18541854 Councilmember whose name was called first on the next previous vote. At the end of the roll
18551855 call, the names of those who failed to answer can be called ain, or the Chairman can ask if
18561856 anyone entered the room after the Councilmember’s name was called. Changes of vote are also
18571857 permitted at this time, before the result is announced. No Councilmember may vote “pass” more
18581858 than once on the same amendment to a measure or on the measure in its entirety. A second vote
18591859 of “pass” shall be considered a vote of “present.”
18601860 365. RECORDS OF VOTES.
18611861 (a) When a measure is approved or disapproved by voice vote, the Secretary shall record
18621862 all Members present as voting on the prevailing side, unless there has been a request to be
18631863 recorded as having voted “YES”, “NO”, or “PRESENT”, or a Member has recused themself
18641864 from voting.
18651865 (b) When a roll-call vote is demanded, the Secretary will record the names of those
18661866 voting “YES”, “NO”, or “PRESENT”. Members will be recorded as absent if they are not visible
18671867 or in the Chamber when a vote is taken. Voting records are official records of the Council.
18681868 (c) After the Chairman has announced the result of a vote, a Councilmember may not
18691869 change his or her vote.
18701870 366. TAX ABATEMENT FINANCIAL ANALYSIS (TAFA)
18711871 (a) A TAFA is required at the time of committee mark up for each measure that grants an
18721872 exemption or abatement of a tax imposed by D.C. Official Code § 42-1103 or Title 47 of the
18731873 District of Columbia Official Code, unless the exemption or abatement is one of general
18741874 applicability. COUNCIL RULES, PERIOD XXV I
18751875
18761876 54
18771877
18781878 (b) Where a TAFA issued by the Chief Financial Officer states that an abatement or tax
18791879 relief is not necessary, a measure authorizing such abatement or tax relief shall, at first reading,
18801880 require approval of 2/3rds of the Councilmembers present and voting.
18811881 367. PROXY VOTING PROHIBITED.
18821882 (a) Proxies shall not be permitted either for the purpose of voting or for the purpose of
18831883 obtaining a quorum.
18841884 (b) Virtual participation (e.g. videoconference) is permitted provided the Member’s
18851885 camera is on and the Member can be seen by the Secretary. An unstable connection shall not
18861886 require delay in Council proceedings.
18871887 368. SUMMONS OF MEMBERS.
18881888 (a) Before putting a question to vote, the Chairman may hold open the vote for no more
18891889 than 2 minutes for the purpose of summoning Members who are absent. During that time, the
18901890 Secretary shall summon the Members who are absent from the Chamber. At the Chairman’s
18911891 direction, the Secretary shall call the names of the absent Members.
18921892 (b) No Councilmember may be summoned more than once at the same legislative
18931893 meeting.
18941894 H. OPEN MEETINGS.
18951895 371. OPEN MEETINGS, GENERALLY.
18961896 (a) Except as provided in Rule 375, a meeting of the Council and a meeting of a
18971897 committee shall be open to the public.
18981898 (b) The Council or a committee shall not keep the number of attendees below a quorum
18991899 to avoid the requirements of this section.
19001900 (c) For the purposes of this part, the terms:
19011901 (1) “Meeting of a committee” means a thering of a quorum of a committee of the
19021902 Council, whether informal or formal, regular, special, additional, or emergency, at which the
19031903 Councilmembers consider, conduct, or advise on public business, including thering
19041904 information, taking testimony, discussing, deliberating, recommending, and voting, rerdless of
19051905 whether held in person, by telephone, electronically, or by other means of communication. A
19061906 meeting of a committee shall not include:
19071907 (A) A chance or social thering; provided, that it is not held to avoid the
19081908 provisions of this paragraph; COUNCIL RULES, PERIOD XXV I
19091909
19101910 55
19111911
19121912 (B) Press conferences; or
19131913
19141914 (C) A site visit or tour exclusively for the purpose of thering
19151915 information.
19161916
19171917 (2) “Meeting of the Council” means a thering of a quorum of the Council,
19181918 including hearings and roundtables, whether informal or formal, regular, special, additional or
19191919 emergency, at which the Councilmembers consider, conduct, or advise on public business,
19201920 including thering information, taking testimony, discussing, deliberating, recommending, and
19211921 voting, rerdless of whether held in person, by telephone, electronically, or by other means of
19221922 communication. A meeting of the Council shall not include:
19231923 (A) A chance meeting or social thering; provided, that it is not held to
19241924 avoid the provisions of this paragraph; or
19251925 (B) Press conferences.
19261926 372. MEETINGS DEEMED OPEN.
19271927 A meeting of the Council or a meeting of a committee is deemed open if the:
19281928 (1) Public is permitted to be physically present;
19291929 (2) News media is permitted to be physically present;
19301930 (3) Meeting is televised;
19311931 (4) Meeting is virtual and the public or news media are permitted to attend, and
19321932 this is permissible under the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350;
19331933 D.C. Official Code § 2-571 et seq.); or
19341934 (5) Meeting otherwise complies with section 405(a) of the Open Meeting Act,
19351935 effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-575(a)).
19361936 373. NOTICE OF MEETINGS.
19371937 (a)(1) Before a meeting of the Council is held, whether open or closed, at least one
19381938 Councilmember attending the meeting shall notify the Secretary at least 48 hours before the
19391939 meeting, unless emergency circumstances require less notice.
19401940 (2) Before a meeting of a committee is held, whether open or closed, at least one
19411941 Councilmember attending the meeting shall notify the Secretary at least 24 hours before the
19421942 meeting, unless emergency circumstances require less notice. COUNCIL RULES, PERIOD XXV I
19431943
19441944 56
19451945
19461946 (b) Notice provided pursuant to this section shall be posted by the Secretary in plain view
19471947 in the John A. Wilson Building, except during a period for which a public emergency has been
19481948 declared pursuant to section 5 of the District of Columbia Public Emergency Act of 1980,
19491949 effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304), and on the website
19501950 of the Council.
19511951 (c) A notice for a meeting of the Council or a meeting of a committee provided pursuant
19521952 to this section shall include the:
19531953 (1) Date;
19541954 (2) Time;
19551955 (3) Location; and
19561956 (4) Planned agenda, if applicable, for the meeting.
19571957 (d) If a meeting of the Council or a meeting of a committee, or any portion of a meeting,
19581958 is expected to be closed, the notice shall include a statement of the intent to close the meeting,
19591959 including the reasons for the closure.
19601960 (e) This section shall not apply to administrative meetings, breakfast meetings, open
19611961 discussions, or other thering of the Council when no official action is expected to take place;
19621962 provided, that no official action may be taken at such meetings.
19631963 (f) Notice for hearings or roundtables shall be provided pursuant to Rule 421.
19641964 374. RECORD OF MEETINGS.
19651965 (a) Except as provided in subsection (c) of this section, all meetings, whether open or
19661966 closed, shall be recorded electronically. In accordance with Rule 807 and 808, the electronic
19671967 recording shall be produced and maintained by the Secretary; provided, that if a recording is not
19681968 possible, detailed minutes of the meetings shall be kept by the Secretary.
19691969 (b) If a meeting is open:
19701970 (1) Copies of the records shall be provided to the public or any requester at his or
19711971 her expense;
19721972 (2) A copy of the draft minutes shall be made available to the public or requester
19731973 no more than 3 business days after the meeting; and
19741974 (3) A copy of the full record, including any recording or transcript, shall be made
19751975 available no later than 7 business days after the meeting. COUNCIL RULES, PERIOD XXV I
19761976
19771977 57
19781978
19791979 (c) This section shall not apply to administrative meetings, breakfast meetings, open
19801980 discussions, or other thering of the Council when no official action is expected to take place;
19811981 provided, that no official action may be taken at such meetings.
19821982 375. EXCEPTIONS TO OPEN MEETINGS.
19831983 A meeting, or a portion of a meeting, may be closed for the following reasons:
19841984 (1) A law or court order requires that a particular matter or proceeding not be
19851985 public;
19861986 (2) To discuss, establish, or instruct a public body’s staff or negotiating agents
19871987 concerning the position to be taken in negotiating the price and other material terms of a
19881988 contract, including an employment contract, if an open meeting would adversely affect the
19891989 barining position or negotiating strategy of the public body;
19901990 (3) To discuss, establish, or instruct a public body’s staff or negotiating agents
19911991 concerning the position to be taken in negotiating incentives relating to the location or expansion
19921992 of industries or other businesses or business activities in the District;
19931993 (4) To consult with an attorney to obtain lel advice and to preserve the attorney-
19941994 client privilege between an attorney and a public body, or to approve settlement agreements;
19951995 provided, that, upon request, the public body may decide to waive the privilege; provided, that
19961996 nothing herein shall be construed to permit the Council or Council committee to close a meeting
19971997 that would otherwise be open merely because the attorney for the public body is a participant;
19981998 (5) Planning, discussing, or conducting specific collective-barining
19991999 negotiations;
20002000 (6) Preparation, administration, or grading of scholastic, licensing, or qualifying
20012001 examinations;
20022002 (7) To prevent premature disclosure of an honorary degree, scholarship, prize, or
20032003 similar award;
20042004 (8) To discuss and take action rerding specific methods and procedures to
20052005 protect the public from existing or potential terrorist activity or substantial dangers to public
20062006 health and safety, and to receive briefings by staff members, lel counsel, law-enforcement
20072007 officials, or emergency-service officials concerning these methods and procedures; provided, that
20082008 disclosure would endanger the public and a record of the closed session is made public if and
20092009 when the public would not be endangered by that disclosure;
20102010 (9) To discuss disciplinary matters; COUNCIL RULES, PERIOD XXV I
20112011
20122012 58
20132013
20142014 (10) To discuss the appointment, employment, assignment, promotion,
20152015 performance evaluation, compensation, discipline, demotion, removal, or resignation of
20162016 government appointees, employees, or officials, including Councilmembers and staff;
20172017 (11) To discuss trade secrets and commercial or financial information obtained
20182018 from outside the government, to the extent that disclosure would result in substantial harm to the
20192019 competitive position of the person from whom the information was obtained;
20202020 (12) To train and develop members of a public body, including the Council and
20212021 staff;
20222022 (13) To deliberate upon a decision in an adjudication action or proceeding by a
20232023 public body exercising quasi-judicial functions;
20242024 (14) To plan, discuss, or hear reports concerning ongoing or planned
20252025 investitions of alleged criminal or civil misconduct or violations of law or regulations, if
20262026 disclosure to the public would harm the investition; and
20272027 (15) Any other reason provided in section 405(b) of the Open Meeting Act,
20282028 effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-575(b)).
20292029 376. CLOSED MEETINGS
20302030 (a)(1) Before a meeting or portion of a meeting may be closed, the Council or committee
20312031 shall meet in public session at which a majority of the members present vote, upon good cause
20322032 shown, in favor of closure.
20332033 (2) The presiding officer shall make a statement providing the reason for closure,
20342034 including citations from Rule 375, and the subjects to be discussed. A copy of the roll call vote
20352035 and the statement shall be provided in writing and made available to the public.
20362036 (3) A Council or committee that meets in closed session shall not discuss or
20372037 consider matters other than those matters listed under Rule 375.
20382038 (b) Except as provided in subsection (c) of this section, the record of a closed meeting,
20392039 including testimony taken and evidence received in a closed meeting, shall be confidential and
20402040 may not be released to the public.
20412041 (c)(1) Upon good cause shown and, if applicable, after the 10-day period described in
20422042 paragraph (3) of this subsection, a majority of the Council or committee may approve the release
20432043 of the record, including testimony taken or evidence received in a closed meeting. COUNCIL RULES, PERIOD XXV I
20442044
20452045 59
20462046
20472047 (2) Ten days before the release of testimony taken or evidence received in a
20482048 closed meeting, the Council or committee must notify, in writing, the affected witness that the
20492049 Council or committee intends to release the testimony or evidence.
20502050 (3) Before the expiration of the 10-day period, the affected witness may request,
20512051 in writing directed to the presiding Council or committee member, and the Council or committee
20522052 may consider withholding the testimony or evidence described in the notice.
20532053 ARTICLE IV—LEGISLATION.
20542054 A. INTRODUCTION OF LEGISLATION.
20552055 401. WHO MAY INTRODUCE.
20562056 (a)(1) Only a Councilmember may introduce legislation for consideration by the Council.
20572057 (2) At the time a measure is filed with the Secretary, in accordance with Rule 282,
20582058 the measure shall be filed in Word and PDF format via the LIMS e-Filing module.
20592059
20602060 (b)(1) Proposed legislation transmitted to the Council by the Mayor, the Uniform Law
20612061 Commission, or an independent agency shall be submitted in Word format, shall be complete,
20622062 and shall comply with these Rules. It shall be introduced by the Chairman, at the request of the
20632063 Mayor (or as submitted by the Mayor), or the independent agency. Legislation transmitted by the
20642064 Mayor or an independent agency shall not be introduced on the dais at a legislative meeting or a
20652065 work session of the Committee of the Whole.
20662066 (2)(A) To be considered at a legislative meeting, legislation transmitted by the
20672067 Mayor or an independent agency that requests Council approval of a contract shall be filed with
20682068 the Secretary, with the required contract summary and contract, including relevant modifications,
20692069 no later than the close of business on the fourth business day before the meeting.
20702070 (B) To be considered at a legislative meeting, all other measures
20712071 transmitted by the Mayor or an independent agency shall be filed with the Secretary no later than
20722072 noon on the second business day before the meeting.
20732073 (3) Proposed legislation from the Mayor, the Uniform Law Commission, or an
20742074 independent agency shall be transmitted to the Council by hard copy or a copy in Word format
20752075 by email, or any other medium as determined by the Secretary. All confirmation resolutions
20762076 submitted to the Council by the Mayor shall include a copy of the current resume of the nominee.
20772077 The Secretary shall place a Word format copy of the proposed legislation on the Council’s
20782078 intranet.
20792079 (4) Legislation transmitted under this subsection shall be filed with the Secretary
20802080 during normal business hours. COUNCIL RULES, PERIOD XXV I
20812081
20822082 60
20832083
20842084 (5) The Secretary shall determine whether the proposed legislation is in the
20852085 appropriate form, complete, and complies with these Rules, and may return any proposed
20862086 legislation that is not in the appropriate form or complete to the Mayor, the Uniform Law
20872087 Commission, or the independent agency.
20882088 402. MANNER OF INTRODUCTION.
20892089 (a) A Councilmember may introduce a measure by filing the signed original of the
20902090 measure with the Secretary during normal business hours.
20912091 (b) An introduced measure may be accompanied by a Statement of Introduction at the
20922092 time of filing, which shall be available on LIMS and made part of the official record of the
20932093 measure.
20942094 (c) Co-introduction of a measure shall be evidenced by the signature of the co-introducer
20952095 on the face of the measure at the time of filing. Co-sponsorship shall be permitted by a memo to
20962096 the Secretary pursuant to Rule 802(b).
20972097 (d) A Councilmember may withdraw as a co-introducer or a co-sponsor by filing a notice
20982098 of withdrawal with the Secretary.
20992099 (e) Unless a law specifically provides otherwise, no matter transmitted for a period of
21002100 Council review before taking effect shall be deemed transmitted to the Council or the Chairman,
21012101 and no time period for Council review shall begin to run, until the matter has been read at a
21022102 legislative meeting or work session of the Committee of the Whole pursuant to Rule 403.
21032103 (f) Whenever a measure would require the Secretary to transmit its text or anything
21042104 associated with the text to a person, the Councilmember who introduced the measure, or the
21052105 Mayor if the measure is introduced at the request of the Mayor, shall provide the Secretary with
21062106 the last-known address of the recipient.
21072107 (g) Proposed legislation transmitted for introduction by the Mayor, the Uniform Law
21082108 Commission, or an independent agency shall be addressed to the Chairman and filed with the
21092109 Secretary. The Secretary shall circulate the measure in accordance with these Rules.
21102110 .
21112111 403. READING INTRODUCTIONS.
21122112 (a) At each legislative meeting and work session of the Committee of the Whole, during
21132113 the period designated for introductions, the Secretary shall read the short titles of measures that
21142114 were introduced pursuant to Rules 401 and 402 between the previous reporting period and 10
21152115 a.m. of the business day before the legislative meeting or Committee of the Whole work session, COUNCIL RULES, PERIOD XXV I
21162116
21172117 61
21182118
21192119 and provide the numbers assigned as provided in Rule 805 and the committee referrals as
21202120 provided in Rule 404.
21212121 (b) Measures may not be debated or amended when they are read for introduction.
21222122 (c) The formal reading of the Secretary’s report as provided in subsection (a) of this
21232123 section may be waived by unanimous consent.
21242124 (d) A Councilmember may raise questions rerding a committee referral included in the
21252125 Secretary’s report without a formal reading of the entire Secretary’s report.
21262126 404. COMMITTEE REFERRAL.
21272127 (a) When a measure is introduced, the Chairman shall refer it to the appropriate
21282128 committee or committees, unless the Council retains the measure. Such referral is not official
21292129 until it is read at a meeting pursuant to Rule 403.
21302130 (b)(1) The Chairman may refer a measure to 2 or more committees for sequential
21312131 consideration of all or part of the measure and may refer all or part of the measure to one or more
21322132 committees for comments.
21332133 (2) When there is a sequential referral, the Chairman may specify a time period
21342134 within which one or more of the committees must report the measure. If a committee fails to file
21352135 a report within the specified time period, the measure shall be deemed discharged from the
21362136 committee, and the Secretary shall provide notice that the measure is ready for subsequent action
21372137 by another committee or to be agendized for Council consideration.
21382138 (c) The Chairman may re-refer a measure and the new referral shall become official at the
21392139 next legislative meeting or Committee of the Whole work session.
21402140 (d) A committee may not consider a measure unless the Chairman has made an official
21412141 referral, although a hearing or roundtable notice may be filed in the meantime.
21422142 405. COMMENTS BY EXECUTIVE.
21432143 The Executive may comment on any measure. Unless otherwise required by law, neither
21442144 the Council nor a committee must wait for Executive comments before considering a measure.
21452145 406. WITHDRAWAL OF LEGISLATION.
21462146 (a) Whenever a rule, regulation, or resolution is proposed for promultion by an entity
21472147 other than the Council and is required by law to be approved, disapproved, or reviewed by the
21482148 Council before its taking effect and would take effect automatically by operation of law, the
21492149 proposal may be withdrawn formally by the proposer before final Council action or, if the
21502150 Council takes no action, before any time limit imposed by law. The withdrawal shall render the COUNCIL RULES, PERIOD XXV I
21512151
21522152 62
21532153
21542154 original proposal a nullity as if it were never proposed. These proposed rules, regulations, and
21552155 resolutions may be withdrawn only by written request transmitted to the Chairman.
21562156 (b) Except as provided above in subsection (a) of this Rule, a proposer may withdraw any
21572157 measure he or she introduced before a vote has been taken by the committee to which the
21582158 measure has been referred. A withdrawal shall be filed with the Secretary. A withdrawal shall
21592159 render the original measure a nullity, as if it were never introduced. If a measure has been
21602160 introduced by more than one Councilmember, all co-introducers must consent to withdrawal
21612161 under this subsection.
21622162 (c) Notwithstanding subsection (a) of this section, if a Councilmember withdraws a
21632163 resolution approving or disapproving a contract or reprogramming after the date the contract or
21642164 reprogramming would otherwise have been deemed approved, the measure shall be deemed
21652165 approved on the date the resolution is withdrawn, unless it has been deemed approved before that
21662166 time by operation of law.
21672167 407. COMMITTEE APPROVAL
21682168 (a) Each committee may take action on any measure referred to the committee, except as
21692169 provided in subsection (b) of this section.
21702170 (b) A committee may not vote on a measure sequentially referred to that committee until
21712171 all conditions of the referral have been met to make such measure ripe for consideration by the
21722172 committee.
21732173 (c) A hearing on a measure by any committee of the Council shall satisfy the
21742174 requirements of Rule 501(a)(2) for measures referred sequentially to committees.
21752175 (d) After approval of a committee print on a measure by the Committee of the Whole, the
21762176 Chairman may file the committee print with the Secretary as specified in Rule 282 without the
21772177 committee report.
21782178 B. COUNCIL APPROVAL.
21792179 411. CONSENT AGENDA.
21802180 (a) The Chairman shall prepare a consent agenda for each legislative meeting that shall
21812181 include measures that the Chairman believes will be adopted by unanimous vote. Without
21822182 objection, a Councilmember may amend the committee print of a measure without removing the
21832183 bill or resolution from the consent agenda, if the amendment is filed with the Secretary at or
21842184 before a Committee of the Whole meeting and circulated to the Councilmembers at the
21852185 Committee of the Whole meeting. COUNCIL RULES, PERIOD XXV I
21862186
21872187 63
21882188
21892189 (b) A Councilmember may remove a measure from the consent agenda at the Committee
21902190 of the Whole meeting or at the legislative meeting before the vote on the consent agenda.
21912191 (c) Measures removed from the consent agenda shall be considered as provided in Rule
21922192 315 or 316, except that the Chairman may first consider items removed from the consent agenda.
21932193 (d) Before the vote on the consent agenda at a legislative meeting, and without objection
21942194 from any other Councilmember, a Councilmember may request that a measure on the
21952195 non-consent agenda be moved to the consent agenda.
21962196 (e) Approval of the consent agenda during a legislative meeting will include the
21972197 unanimous approval of all matters included in the consent agenda. If a Councilmember asks for
21982198 his or her vote to be recorded on a particular measure, the measure shall be removed from the
21992199 consent agenda.
22002200 412. EMERGENCY LEGISLATION.
22012201 (a)(1) When a Councilmember proposes a measure to be approved immediately due to
22022202 emergency circumstances, the Council may debate the question of the existence of an emergency
22032203 and then shall vote on whether emergency circumstances exist.
22042204 (2) A Councilmember may debate the merits of a measure to determine whether
22052205 emergency circumstances exist.
22062206 (3) If 2/3rds of the members find that emergency circumstances exist, the Council
22072207 shall consider the measure on its merits.
22082208 (b) For the purposes of this section, an “emergency” means a situation that adversely
22092209 affects the health, safety, welfare, or economic well-being of the District, its residents, its
22102210 businesses, or other persons or entities for which legislative relief is deemed appropriate and
22112211 necessary by the Council, and for which adherence to the ordinary legislative process would
22122212 result in delay that would adversely affect the circumstances which the legislation is intended to
22132213 protect.
22142214 (c) An emergency resolution shall take effect, according to its terms, either immediately
22152215 or at a specific time. Pursuant to section 412(a) of the Charter (D.C. Official Code § 1-
22162216 204.12(a)), an emergency act shall be effective law for no more than 90 days.
22172217 (d) As required by Rule 309, no emergency measure may be approved by the Council
22182218 without a fiscal impact statement presented to the Council at the time of its consideration;
22192219 provided, that the Chairman may waive this requirement if the Chairman concurs with the
22202220 Budget Director that the measure does not have a netive fiscal impact. COUNCIL RULES, PERIOD XXV I
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22232223
22242224 (e) As required by Rule 310, no emergency measure may be approved by the Council
22252225 without a lel sufficiency determination presented to the Council at the time of its
22262226 consideration; provided, that the Chairman may waive this requirement if the Chairman concurs
22272227 with the General Counsel that the measure is lelly sufficient.
22282228 (f) An emergency measure on the agenda for the legislative meeting shall be moved by
22292229 the Councilmember who noticed the measure or, in the absence of that Councilmember, may be
22302230 moved by another Councilmember designated by the Councilmember who noticed the measure.
22312231 If no Councilmember has been designated to move the measure in the absence of the
22322232 Councilmember who noticed the measure, the measure shall be considered to have been
22332233 withdrawn.
22342234 (g) The Chairman may rule out of order an emergency measure that is subject to
22352235 inclusion in an approved budget and financial plan.
22362236 413. TEMPORARY LEGISLATION.
22372237 If the Council approves an emergency bill under Rule 412, the Council may, at the same
22382238 legislative meeting, consider a temporary bill on first reading without committee referral. At first
22392239 reading, the temporary bill must be substantially similar to the emergency bill and may remain
22402240 effective for no more than 225 days.
22412241 414. TECHNICAL-AMENDMENT LEGISLATION.
22422242 (a) On an occasional basis, the General Counsel shall prepare a technical-amendment bill
22432243 for introduction by the Chairman.
22442244 (b) Notwithstanding Rule 501(a), no hearing is required before final adoption of a
22452245 technical-amendment bill prepared in accordance with this section.
22462246 (c) A technical-amendment bill shall contain only amendments to existing law, and no
22472247 amendment included in the technical-amendment bill may make substantive changes to the
22482248 existing law. Any amendment to the technical-amendment bill must be certified as technical by
22492249 the General Counsel.
22502250 (d) An amendment to a technical-amendment bill that has not been certified as technical
22512251 by the General Counsel shall be out of order for Council consideration.
22522252 415. ENACTMENT LEGISLATION.
22532253 (a) On an occasional basis, the General Counsel shall prepare an enactment bill for
22542254 introduction by the Chairman. COUNCIL RULES, PERIOD XXV I
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22562256 65
22572257
22582258 (b) Notwithstanding Rule 501(a), no hearing is required before final adoption of an
22592259 enactment bill prepared in accordance with this section.
22602260 (c) An enactment bill shall present, for each title of the District of Columbia Official
22612261 Code proposed to be enacted into positive law, a compilation, restatement, and revision of the
22622262 general and permanent laws of the District of Columbia that conforms to the understood policy,
22632263 intent, and purpose of the Council or Congress in the original enactments, with such amendments
22642264 and corrections as to remove ambiguity, contradictions, and other imperfections, both of
22652265 substance and of form.
22662266 (d) An amendment to an enactment bill that has not been proposed by the General
22672267 Counsel as an amendment consistent with subsection (c) of this section shall be out of order for
22682268 Council consideration.
22692269 416. VETOED LEGISLATION.
22702270 (a) Whenever the Mayor disapproves and returns an act pursuant to section 404(e) of the
22712271 Charter (D.C. Official Code § 1-204.04(e)), the disapproved act shall be the property of the full
22722272 Council. The Chairman may solicit comments or recommendations on the disapproved act from
22732273 a committee or committees. A Councilmember may move for the Council to reenact the
22742274 disapproved act before the end of the 30-day review period provided in section 404(e) of the
22752275 Charter. If 2/3rds of the Councilmembers present and voting vote to reenact the act, the act shall
22762276 become law subject to the provisions of section 602(c) of the Home Rule Act (D.C. Official
22772277 Code § 1-206.02(c)).
22782278 (b) Whenever the Mayor disapproves and returns any item or provision of a budget act
22792279 pursuant to section 404(f) of the Charter (D.C. Official Code § 1-204.04(f)), the act containing
22802280 the disapproved item or provision shall be the property of the full Council. The Chairman may
22812281 solicit comments or recommendations on the disapproved item or provision from a committee or
22822282 committees. A Councilmember may move for the Council to reenact any disapproved item or
22832283 provision of the budget act before the end of the 30-day review period provided in section 404(f)
22842284 of the Charter. If 2/3rds of the Councilmembers present and voting vote to reenact any item or
22852285 provision of the budget act, the item or provision so reenacted shall be incorporated in the budget
22862286 and become law subject to the provisions of section 602(c) of the Home Rule Act (D.C. Official
22872287 Code § 1-206.02(c)).
22882288 417. TRANSMISSION OF ACTS.
22892289 The Chairman shall transmit adopted acts to the Mayor and enacted acts to the United
22902290 States Senate and the United States House of Representatives as required by the Charter. COUNCIL RULES, PERIOD XXV I
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22932293
22942294 418. EFFECT OF END OF COUNCIL PERIOD.
22952295 (a)(1) A measure that has not been finally adopted by the Council before the end of the
22962296 Council Period in which the measure was introduced lapses without prejudice to the measure’s
22972297 reintroduction in a subsequent Council Period.
22982298 (2) If temporary legislation has been passed on first reading pursuant to Rule 413
22992299 in a Council Period, it may be considered on final reading during the next Council Period.
23002300 (3) A matter transmitted by the Mayor or an independent agency for a designated
23012301 period of Council review that is pending at the end of a Council period shall be in the same status
23022302 that the matter was at the end of the prior Council period and the legislation assigned a new
23032303 number. If notice required by these Rules has been given in the prior Council period, no
23042304 additional notice shall be required before action on the matter.
23052305 (4) A sanction resolution introduced pursuant to Rule 652 that is pending at the
23062306 end of a Council period shall be in the same status that the resolution was in at the end of the
23072307 prior Council period and assigned a new number. If notice required by these Rules has been
23082308 given in the prior Council period, no additional notice shall be required before action on the
23092309 matter.
23102310 (b) Legislation that has been finally adopted by the Council during a Council Period shall
23112311 not lapse simply because any of the following occurs:
23122312 (1) Approval or veto by the Mayor;
23132313 (2) Approval by operation of law;
23142314 (3) Reenactment after a veto;
23152315 (4) Submission to referendum; or
23162316 (5) Transmittal to Congress.
23172317 C. NOTICE AND PUBLICATION OF INTENDED ACTIONS.
23182318 421. GENERAL NOTICE BY PUBLICATION OF INTENDED ACTIONS AND
23192319 HEARINGS.
23202320 (a)(1) Except as provided in these Rules, 15 days’ notice by publication in the Register is
23212321 required before Council adoption of a measure.
23222322 (2) Abbreviated notice under this subsection may be given upon good cause found
23232323 and published in the Register with the notice. COUNCIL RULES, PERIOD XXV I
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23252325 67
23262326
23272327 (b) No prior notice by publication in the Register is required for the adoption of a
23282328 ceremonial resolution, an emergency bill or resolution, an emergency-declaration resolution, a
23292329 contract approval resolution (including multiyear) submitted by the Executive, or a resolution
23302330 adopting Council Rules, appointing Council officers and committee chairpersons and members,
23312331 or otherwise pertaining to the internal operation or ornization of the Council.
23322332
23332333 (c) Except as provided in these Rules, 15 days’ notice by publication in the Register or
23342334 abbreviated notice published in the Register is required before the conduct of a hearing.
23352335 (d) Abbreviated notice under subsection (c) of this section may be given:
23362336 (1) For a hearing on a permanent bill for the purpose of rescheduling the hearing
23372337 when the hearing was previously noticed in the Register;
23382338 (2) For a hearing on a resolution, when a hearing is required, upon good cause
23392339 found and published in the Register with the notice, and when the abbreviated notice provides at
23402340 least 3 business days’ notice;
23412341 (3) For an oversight or investitive hearing, when such notice is posted on the
23422342 Council website or published in the Register;
23432343 (4) For a hearing that was scheduled on a day when there is an unscheduled
23442344 closing of the government and when the abbreviated notice provides at least 3 business days’
23452345 notice; or
23462346 (5) For a hearing on any matter on which a notice has been filed to add any item
23472347 that does not otherwise require a hearing and when the abbreviated notice provides at least 3
23482348 business days’ notice.
23492349
23502350 (e)(1) Notice of a roundtable on a resolution or an oversight roundtable shall be filed with
23512351 the Secretary and circulated to Councilmembers at least 24 hours before the roundtable.
23522352 (2) Notwithstanding the requirements of paragraph (1) of this subsection, when a
23532353 committee elects to conduct a roundtable on a confirmation resolution, 5 calendar days’ notice is
23542354 required before the conduct of the roundtable, such notice to be filed with the Secretary and
23552355 circulated to Members. The notice shall also be posted on the Council website.
23562356
23572357 (f) A notice of a cancellation of a hearing or roundtable shall be filed and circulated at
23582358 least 24 hours before the scheduled hearing or roundtable, unless the reason for the cancellation
23592359 precludes such notice.
23602360
23612361 422. PERSONAL SERVICE OR ACTUAL NOTICE.
23622362 COUNCIL RULES, PERIOD XXV I
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23642364 68
23652365
23662366 Notice by publication is not required if all persons subject to an intended action are
23672367 named, and in accordance with law, either are served personally or have actual notice of the
23682368 Council’s intended action.
23692369
23702370 423. METHODS OF NOTICE.
23712371 (a) When not otherwise required by these Rules or other provisions of law to be done in
23722372 specific fashion, notice may be given by:
23732373 (1) Publication in the Register;
23742374 (2) Publication in one or more newspapers of general circulation;
23752375 (3) Mailing notices to a mailing list of ornizations and individuals established
23762376 and maintained by the Secretary;
23772377 (4) Use of other news media;
23782378 (5) Posting notice in a prominent place in the John A. Wilson Building and other
23792379 public buildings or posting places;
23802380 (6) Facsimile;
23812381 (7) E-mail;
23822382 (8) Posting on the Council’s official website; or
23832383 (9) In any other manner directed by the Council.
23842384 (b) When notice to the public is required under these Rules, by law, or otherwise, the
23852385 notice shall be posted on the Council website.
23862386 424. NOTICE OF EMERGENCY ACTIONS.
23872387
23882388 (a)(1) When an emergency measure is to be considered, a notice that includes the
23892389 following shall be circulated by noon on the third business day before the legislative meeting at
23902390 which the emergency measure is to be considered, unless the nature of the emergency precludes
23912391 such notice:
23922392
23932393 (A) A statement of the circumstances making it necessary that the measure
23942394 be considered on an emergency basis, which shall comply with Rule 412(b);
23952395
23962396 (B) A statement of the intended effect of the emergency measure; and
23972397 COUNCIL RULES, PERIOD XXV I
23982398
23992399 69
24002400
24012401 (C) A draft of the emergency measure and emergency-declaration
24022402 resolution.
24032403
24042404 (2) If the nature of the emergency precludes the notice required by paragraph (1)
24052405 of this subsection, the sponsor of the legislation shall circulate and file the measure with the
24062406 Secretary and take steps to ensure that Councilmembers have notice at the earliest possible time
24072407 before the meeting at which the emergency measure is to be considered.
24082408
24092409 (b) In addition to the provisions of subsection (a) of this section, public notice of intended
24102410 emergency action shall be given by the Council before adoption of an emergency bill or
24112411 resolution by at least one method provided in Rule 423.
24122412
24132413 425. NOTICE OF TEMPORARY LEGISLATION.
24142414 (a) Each temporary bill adopted pursuant to Rule 413 shall be circulated and filed with
24152415 the accompanying emergency measure in accordance with Rule 424. Following approval on first
24162416 reading, the Secretary shall publish a notice of intent to adopt the temporary bill on second
24172417 reading in the Register.
24182418 (b) When temporary legislation is to be considered under Rule 413, the notice of
24192419 emergency action under Rule 424 shall include notice of the temporary legislation.
24202420 426. NOTICE OF WAIVER OF RULE 231(c).
24212421 (a) A notice of a request to waive Rule 231(c) shall be filed and circulated no later than
24222422 noon on the third business day before the legislative meeting at which a measure is to be
24232423 considered. The notice shall include a rationale for the request.
24242424 (b) If the committee report for a measure is not filed before noon on the third business
24252425 day before the legislative meeting, a motion to waive Rule 231(c) may not be placed on the
24262426 legislative agenda.
24272427 (c) Before approval of a motion to waive Rule 231(c), a certification shall be made of a
24282428 measure’s lel sufficiency and technical compliance with the drafting rules of the Council; the
24292429 fiscal impact; the completion of the record; and a determination made of the fiscal impact.
24302430 (d) Approval of a motion to waive Rule 231(c) shall require a vote of 2/3rds of the
24312431 Members present and voting.
24322432 (e) A motion to waive Rule 231(c) is not in order if the legislation includes amendments
24332433 made by one or more committees that are beyond the jurisdiction of the committee or
24342434 committees. COUNCIL RULES, PERIOD XXV I
24352435
24362436 70
24372437
24382438 (f) At the discretion of the Chairman, a notice of a request to waive Rule 231(c) may be
24392439 considered as notice of a request to consider the measure at a meeting of the Committee of the
24402440 Whole, pursuant to Committee of the Whole Rule 403(b), preceding the legislative meeting for
24412441 which the request to waive was filed.
24422442 427. CEREMONIAL RESOLUTIONS.
24432443 Each ceremonial resolution shall be circulated and filed by noon on the business day
24442444 before the legislative meeting at which it is to be considered.
24452445 428. NOTICE AND PUBLICATION OF ADOPTED LEGISLATION.
24462446 Each measure adopted by the Council shall be published in the Register.
24472447 429. NOTICE OF NEW BUSINESS.
24482448 Except as provided in these Rules, a Councilmember shall file a notice of intent by noon
24492449 on the third business day before a legislative meeting, to make any of the following motions:
24502450 (1) A motion to reconsider a measure that was considered at a prior legislative
24512451 meeting;
24522452 (2) A motion to take from the table a measure that was laid on the table at a prior
24532453 legislative meeting;
24542454 (3) A motion to discharge;
24552455 (4) A point of personal privilege;
24562456 (5) A motion to override a Mayoral veto; or
24572457 (6) Any other motion that brings new business before the Council.
24582458 430. NOTICE OF COMMITTEE MEETINGS.
24592459 (a)(1) A committee shall file and circulate notice, which shall be made publicly available
24602460 at least 24 hours before a meeting, of the date, hour, and place of a committee meeting. Such
24612461 notice shall include a copy of the agenda and a draft, including a comparative print when
24622462 required by Rule 803(e)(7), of any measures to be considered at the meeting.
24632463 (2) In addition to the requirements in paragraph (1) of this subsection, during the
24642464 last 2 months of a council period, when an agenda for a committee meeting contains more than 3
24652465 bills, a committee shall file and circulate notice at least 48 hours before a meeting of the date,
24662466 hour, and place of a committee meeting. Such notice shall include a copy of the agenda and a
24672467 draft of the bills to be considered at the meeting. COUNCIL RULES, PERIOD XXV I
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24692469 71
24702470
24712471 (b) If at least 4 members of the committee agree in writing to a shorter notice, the
24722472 committee may consider matters not included on the agenda.
24732473 (c) A committee shall file and circulate notice, at least 24 hours before a meeting, of the
24742474 cancellation of a committee meeting.
24752475 ARTICLE V—HEARING PROCEDURES.
24762476 A. PROCEDURES FOR HEARINGS.
24772477 501. AUTHORITY TO CALL HEARINGS.
24782478 (a)(1) The Council shall hold a hearing when required by law and may hold a hearing on
24792479 any matter relating to the affairs of the District. A Council hearing may be called by the
24802480 Chairman.
24812481 (2) A hearing shall be held on all permanent bills before final adoption by the
24822482 Council. A hearing shall not be required when a hearing on the same or a similar bill was held in
24832483 the same or immediately preceding Council Period.
24842484 (b) A committee of the Council shall hold a hearing when required by law and may hold
24852485 a hearing on any matter relating to the affairs of the District that is properly within the
24862486 committee’s jurisdiction as provided in these Rules.
24872487 (c) Unless a hearing is required by law or regulation, a committee may hold a roundtable
24882488 on any matter relating to the affairs of the District that is properly within the committee’s
24892489 jurisdiction as provided in these Rules. A roundtable shall comply with the hearing requirements
24902490 set forth in this Article.
24912491 (d) A notice of a hearing or roundtable shall be filed with the Secretary.
24922492 502. QUORUM.
24932493 One Councilmember, for the Council, or one member of a committee, for the committee,
24942494 shall constitute a quorum for the purpose of holding a hearing or a roundtable.
24952495 503. PARTICIPATION BY MEMBERS.
24962496 (a) Each Councilmember may participate in hearings of the Council or of a committee,
24972497 without rerd to whether the Councilmember is a member of the committee conducting the
24982498 hearing.
24992499 (b) Each Councilmember may question witnesses for no more than 10 minutes until after
25002500 each Councilmember has had an opportunity to question the witnesses. COUNCIL RULES, PERIOD XXV I
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25022502 72
25032503
25042504 504. WITNESSES AT A PUBLIC HEARING.
25052505 (a) If a committee, in the publication of notice of a hearing or roundtable, sets a deadline
25062506 before which a person must contact the committee to be permitted to be a witness at the public
25072507 hearing, then at the time that the public hearing is held, each person who complied with the
25082508 committee’s requirements shall be given an opportunity to testify.
25092509 (b) A person who fails to comply with the requirements of this section may not testify
25102510 unless the presiding member allows the person to testify.
25112511 (c) The Secretary shall maintain a Hearing Management System (“HMS”) to facilitate
25122512 witness registration, allow for the submittal of public testimony, and make available to the public
25132513 such testimony for all committee hearings and roundtables. A committee shall add a hearing or
25142514 roundtable to HMS within 48 hours of the approval of a filed notice pursuant to Rule 421, and
25152515 the Secretary shall endeavor to approve a hearing or roundtable within 24 hours of a committee
25162516 adding the hearing or roundtable to HMS. Each committee shall manage its hearings and
25172517 roundtables utilizing HMS.
25182518 B. RECEIVING TESTIMONY.
25192519 511. QUESTIONING WITNESSES.
25202520 (a) The Mayor and all agency witnesses shall be affirmed or sworn to give truthful
25212521 testimony.
25222522 (b) Witnesses may be questioned by Councilmembers and, with the consent of the
25232523 presiding member, by authorized staff or counsel.
25242524 512. DECORUM OF WITNESSES.
25252525 (a) A witness may address a Councilmember only through the presiding member.
25262526 (b) A witness shall confine their remarks to the question under discussion and shall avoid
25272527 making netive personal comments.
25282528 (c) The presiding member shall maintain order in the hearing or roundtable and, after
25292529 issuing a warning, may order the removal of a disorderly person as provided in Rule 322.
25302530 C. RIGHTS OF WITNESSES.
25312531 521. RIGHT TO COUNSEL.
25322532 Any witness who appears before the Council or a committee has the right to be
25332533 represented by counsel. COUNCIL RULES, PERIOD XXV I
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25352535 73
25362536
25372537 522. RIGHT TO MAKE OPENING STATEMENT.
25382538 (a) Each witness testifying on behalf of the Executive Branch, including an agency,
25392539 entity, board, commission, or independent agency of the Executive Branch must submit written
25402540 testimony to the chair of the committee before which the witness is to testify at least 48 hours
25412541 before the commencement of a hearing or roundtable. This requirement may be waived by the
25422542 presiding chairperson if the presiding chairperson determines there is good cause.
25432543 (b) Any witness testifying at a hearing or roundtable may submit an opening statement,
25442544 which shall be placed in the record of the hearing or roundtable if timely submitted. The
25452545 presiding member may permit the witness to read the witness’s statement at the hearing or
25462546 roundtable.
25472547 D. RECORD OF HEARINGS.
25482548 531. HEARING RECORDS, REQUIRED.
25492549 (a) Within 20 business days after the close of the record for a hearing or roundtable, a
25502550 committee shall file with the Secretary a hearing record, which shall be a complete record of the
25512551 hearing or roundtable. The hearing record shall contain the following:
25522552 (1) A copy of the published notice;
25532553 (2) A copy of the witness list;
25542554 (3) Copies of written testimony;
25552555 (4) Statements or other materials submitted for the record;
25562556 (5) Important correspondence with the Mayor, if applicable; and
25572557 (6) Other information that the committee chairperson considers necessary.
25582558 (b) If new materials are provided to the committee after the close of the record, the
25592559 committee chairperson may supplement the hearing record.
25602560 532. CLOSE OF RECORD.
25612561 Unless otherwise provided in the hearing notice or stated at the hearing, the record for a
25622562 hearing or roundtable shall close 10 business days after the hearing or roundtable. A committee
25632563 may not mark-up a measure within its jurisdiction until after the official close of the record on
25642564 such measure.
25652565 COUNCIL RULES, PERIOD XXV I
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25682568
25692569 ARTICLE VI—INVESTIGATIONS AND SUBPOENAS.
25702570 A. PROCEDURES FOR INVESTIGATIONS USING SUBPOENAS.
25712571 601. RESOLUTION AUTHORIZING THE USE OF SUBPOENAS IN AN
25722572 INVESTIGATION.
25732573 (a) In order to use subpoenas to obtain testimony or documents, the Council shall adopt a
25742574 resolution authorizing an investition by the Council.
25752575 (b) In order to use subpoenas to obtain testimony or documents, a standing committee, an
25762576 ad hoc committee, or, if authorized by the resolution establishing it, a special committee, shall
25772577 adopt a resolution of the committee authorizing an investition. This resolution shall be filed in
25782578 the Office of the Secretary.
25792579 (c) To afford witnesses adequate notice of the scope of the inquiry, a resolution
25802580 authorizing an investition under this section shall delineate the purpose of the investition
25812581 and the subject matter to be investited.
25822582 602. NOTICE OF INVESTIGATION.
25832583 The Secretary shall publish a notice of each investition authorized under Rule 601 in
25842584 the Register, which notice shall include a copy or description of the resolution authorizing the
25852585 investition and the date the resolution was filed in the Office of the Secretary.
25862586 603. REPORT OF INVESTIGATION.
25872587 (a) Within 90 days after the conclusion of an investition under this article, a committee
25882588 shall submit to the Council the results of the investition, unless the Council, by majority vote
25892589 of the Members present and voting, extends the time limit.
25902590 (b) The committee, by a majority vote of the Members present and voting, may vote not
25912591 to release all or part of its report. The Council, by a majority vote of Members present and
25922592 voting, may direct a committee to release its report under terms that the Council sets.
25932593 604. TESTIMONY UNDER OATH.
25942594 A witness may be affirmed or sworn to give truthful testimony.
25952595 605. ISSUING THE OATH.
25962596 Any person authorized by law may issue an oath or affirmation to a witness. COUNCIL RULES, PERIOD XXV I
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25982598 75
25992599
26002600 606. DEPOSITIONS.
26012601 The Council or committee may authorize a Councilmember, staff, or counsel to take the
26022602 testimony of witnesses by oral or written depositions.
26032603 B. SUBPOENAS.
26042604 611. ISSUANCE OF SUBPOENAS.
26052605 The Council, any standing committee of the Council, an ad hoc committee, and, if
26062606 authorized by the resolution establishing it, any special committee, may subpoena the attendance
26072607 and testimony of witnesses and the production of documents and other tangible items at
26082608 meetings, hearings, and depositions in connection with an investition. Subpoenas shall be
26092609 issued in the form set forth in Appendix A, and, except as provided in Rule 613(b), shall be
26102610 served not less than 5 business days before the return date.
26112611 612. REPORT TO SECRETARY REGARDING USE OF SUBPOENA.
26122612 Before issuing a subpoena, the Council, a standing committee, an ad hoc committee, or
26132613 authorized special committee shall submit a report to the Secretary outlining the nature and scope
26142614 of the investition and the type of information sought through the use of the subpoena.
26152615 613. SERVICE OF SUBPOENAS.
26162616 (a) Except as provided in subsection (b) of this section, a subpoena shall be served
26172617 personally on the witness or the witness’s designated agent in one of the following ways, which
26182618 may be attempted concurrently or successively:
26192619 (1) By a person at least 18 years of age, designated by the committee or the
26202620 Council from among the staff appointed by the Secretary who is not directly involved in the
26212621 investition; or
26222622 (2) By a person, at least 18 years of age, enged by the committee or the Council
26232623 for this purpose.
26242624 (b) If, after a reasonable attempt, personal service on a witness or witness’s designated
26252625 agent cannot be obtained, service may be effectuated by registered or certified mail not less than
26262626 8 business days before the return date.
26272627 614. ENFORCEMENT OF SUBPOENAS.
26282628 A committee may refer to the Council any case of contumacy by a person subpoenaed to
26292629 appear before the committee. The Council may refer by resolution any case of contumacy by any
26302630 person subpoenaed by the Council or a committee to the Superior Court of the District of
26312631 Columbia as provided in section 413 of the Charter (D.C. Official Code § 1-204.13). COUNCIL RULES, PERIOD XXV I
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26342634
26352635 C. RIGHTS OF WITNESSES.
26362636 621. RIGHT TO ASSERT PRIVILEGES.
26372637 (a) A witness has the right to refuse to answer a question that might tend to incriminate
26382638 the witness by claiming the witness’s Fifth Amendment privilege ainst self-incrimination,
26392639 other Constitutional privileges, or statutory or common law privileges recognized in the Superior
26402640 Court of the District of Columbia.
26412641 (b) If a witness asserts a privilege, the presiding member shall inquire into the witness’s
26422642 reasons for claiming the privilege. If the presiding member determines that the claim of privilege
26432643 is not warranted, the presiding member shall direct the witness to answer the question. A
26442644 witness’s continued claim of privilege in the face of an order by the presiding member to answer
26452645 a specific question constitutes contumacy by the witness.
26462646 622. NOTIFICATION OF RIGHTS.
26472647 When a witness under subpoena is not represented by counsel, the presiding member
26482648 shall advise the witness of the witness’s privilege ainst self-incrimination.
26492649 623. RIGHT TO TRANSCRIPT.
26502650 A witness under subpoena is entitled to receive, at the cost of producing it, a written
26512651 transcript or a transcription of the witness’s testimony in connection with an investition.
26522652 624. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS.
26532653 Any person who is the subject of an investition authorized under Rule 601 may submit
26542654 written questions for the cross-examination of other witnesses at a public investitive hearing
26552655 called by the Council or a committee. With the consent of the Councilmembers present and
26562656 voting, the questions may be put to the witness by a Councilmember, by staff, or by counsel.
26572657 625. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS.
26582658 Any person, who is named or specifically identified in connection with an investition
26592659 and who believes that the testimony or other evidence or comment by a member of the Council
26602660 or a committee or its staff does not comport with the truth, may file a sworn statement of facts
26612661 relevant to the testimony or other evidence or comment complained of. COUNCIL RULES, PERIOD XXV I
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26642664
26652665 D. REPRIMAND, CENSURE, AND EXPULSION PROCEDURES.
26662666 651. ESTABLISHING AN AD HOC COMMITTEE.
26672667 (a) An ad hoc committee may be established pursuant to subsection (b) or (c) of this
26682668 section for the purposes of considering alletions of a violation of a law or rule by a
26692669 Councilmember and making recommendations for further action.
26702670 (b) An ad hoc committee shall be established, pursuant to subsection (d) of this section,
26712671 within 3 business days after:
26722672 (1) BEGA censures a Councilmember;
26732673 (2) Outside counsel delivers to the Council an investitive report that contains a
26742674 finding that a Councilmember has violated the Council’s sexual harassment policy; or
26752675 (3) 5 Councilmembers file with the Secretary a written request for the
26762676 establishment of an ad hoc committee, which shall include a description of the alleged violation
26772677 of law or rule that forms the basis of the request.
26782678 (c) The Chairman may establish an ad hoc committee pursuant to this section at the
26792679 Chairman’s discretion, rerdless of whether one of the events described in subsection (b) of this
26802680 section has occurred. If the Chairman establishes an ad hoc committee under this subsection, the
26812681 memorandum filed pursuant to subsection (d) of this section shall include a description of the
26822682 alleged violation of law or rule committed by the Councilmember whose conduct will be under
26832683 consideration by the ad hoc committee.
26842684 (d) To establish an ad hoc committee, the Chairman shall file a memorandum with the
26852685 Secretary appointing 3 or more Councilmembers to serve on the ad hoc committee, and
26862686 designating one of the appointed members to serve as the chairperson. The ad hoc committee
26872687 shall not include any Councilmember whose conduct is under consideration by the ad hoc
26882688 committee.
26892689 (e) The Secretary shall deliver a copy of the memorandum filed pursuant to subsection
26902690 (d) of this section to each Councilmember, including the Councilmember whose conduct is under
26912691 consideration by the ad hoc committee, within 48 business hours of the Secretary’s receipt of that
26922692 memorandum.
26932693 (f) No sanction pursuant to Rule 655 shall be imposed unless:
26942694 (1) First recommended by an ad hoc committee; and
26952695 (2) A proceeding is held pursuant to Rule 653. COUNCIL RULES, PERIOD XXV I
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26972697 78
26982698
26992699 (g) The ad hoc committee’s proceedings may be conducted in executive session in
27002700 accordance with Rule 375, except that its recommendation for further action shall be made
27012701 public. In connection with any action taken under this part, the Council shall take all reasonable
27022702 steps to protect the identity of any complainant who alleges sexual harassment, as defined in the
27032703 Sexual Harassment Policy. Such actions may include voting to close meetings under Part H of
27042704 Article III and withholding or redacting identifying information in written documents.
27052705 (h) For the purposes of this part, the term “Chairman” means, if the Chairman is the
27062706 Councilmember whose conduct is under consideration by the ad hoc committee, the Chairman
27072707 Pro Tempore.
27082708 652. AD HOC COMMITTEE PROCEDURES.
27092709 (a) An ad hoc committee established pursuant to Rule 651 shall:
27102710 (1) In the case of an ad hoc committee established pursuant to Rule 651(b)(1) or
27112711 (2), consider BEGA’s findings or outside counsel’s investitive report;
27122712 (2) In the case of an ad hoc committee established pursuant to Rule 651(b)(3),
27132713 consider the description of the alleged violation of law or rule in the written request filed
27142714 pursuant to Rule 651(b)(3);
27152715 (3) In the case of an ad hoc committee established pursuant to Rule 651(c),
27162716 consider the description of the alleged violation of law or rule in the memorandum filed pursuant
27172717 to Rule 651(d);
27182718 (4) Permit testimony from the Councilmember whose conduct is under
27192719 consideration by the ad hoc committee;
27202720 (5) Except as provided in subsection (b) of this section, collect more evidence, as
27212721 needed, including by authorizing an investition pursuant to Rule 601(b); except, that the
27222722 Chairman, pursuant to an authorizing resolution, may appoint any person to perform the actions
27232723 described in this paragraph in lieu of the ad hoc committee;
27242724 (6) Consider the findings of any other investition of the conduct that is under
27252725 consideration by the ad hoc committee; and
27262726 (7) File a report, as described in subsection (c) of this section, with the Secretary
27272727 within:
27282728 (A) In the case of an ad hoc committee established pursuant to Rule
27292729 651(b)(1) or (2), 45 days after the ad hoc committee is established; or COUNCIL RULES, PERIOD XXV I
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27322732
27332733 (B) In the case of an ad hoc committee established pursuant to Rule
27342734 651(b)(3) or (c), 90 days after the ad hoc committee is established; provided, that the ad hoc
27352735 committee may extend the time required to file a report by up to an additional 30 days if
27362736 requested by the ad hoc committee and approved by the Council.
27372737 (b) An ad hoc committee created pursuant to Rule 651(b)(2) may not enge in additional
27382738 fact finding and shall rely on the findings of outside counsel for the purposes of the report
27392739 required by subsection (a)(7) of this section.
27402740 (c)(1) The report required by subsection (a)(7) of this section shall:
27412741 (A) Summarize the actions taken by the ad hoc committee;
27422742 (B) Describe the findings of the ad hoc committee, including identifying
27432743 the law or rule that has been violated and summarizing the evidence in support of those findings;
27442744 and
27452745 (C) Recommend sanctions, if any, including reprimand, censure, or
27462746 expulsion.
27472747 (2)(A) If the report required by subsection (a)(7) of this section recommends a
27482748 sanction that would require a resolution of the Council to implement, the chairperson of the ad
27492749 hoc committee or the Chairman shall introduce such resolution at the same time the report is
27502750 filed; except, that, if the report recommends multiple actions, including censure or expulsion, the
27512751 resolution of censure or expulsion shall be introduced as a separate measure.
27522752 (B)(i) A resolution of censure or expulsion introduced pursuant to this
27532753 paragraph shall identify specific charges ainst the accused.
27542754 (ii) Each charge shall set forth an offense of which the accused is
27552755 alleged to have committed, including a citation to the law or rule alleged to have been violated.
27562756 (iii) Each charge shall be accompanied by at least one
27572757 specification, which shall state what actions the accused is alleged to have taken, which, if true,
27582758 would constitute an instance of the offense indicated in the charge, and a description of the
27592759 evidence supporting the specification.
27602760 (iv) The resolution(s) introduced pursuant to this paragraph shall
27612761 be retained by the Council.
27622762 (d) Failure of an ad hoc committee to file its report by the deadline provided in subsection
27632763 (a)(7) of this section shall be construed as having failed to reach a decision. COUNCIL RULES, PERIOD XXV I
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27672767 653. COUNCIL CONSIDERATION OF REPORT .
27682768 (a)(1) If an ad hoc committee recommends censure or expulsion, the Chairman, or
27692769 another Councilmember designated by the Chairman, shall hold a proceeding within 45 days
27702770 after the ad hoc committee files its report pursuant to Rule 652.
27712771 (2) At least 30 days before the proceeding, the Secretary shall provide written
27722772 notice of the proceeding to the accused or the accused’s Council office, which shall include a
27732773 copy of the report and resolution filed pursuant to Rule 652.
27742774 (3)(A) The Chairman, or another Councilmember designated by the Chairman,
27752775 shall preside over the proceeding. At the beginning of the proceeding, the Chairman shall:
27762776 (i) Read the charges and specifications listed in the resolution filed
27772777 pursuant to Rule 652(c)(2); and
27782778 (ii) Ask the accused how the accused answers—admit or deny—
27792779 first to each specification, and then to each charge.
27802780 (B) If the accused admits all charges, no further action at the proceeding
27812781 shall be required and the Council shall consider the resolution of censure or expulsion at the next
27822782 legislative meeting.
27832783 (C) At the proceeding, the chairperson of the ad hoc committee, or the
27842784 chairperson’s designee, shall be given the opportunity to make an opening and a closing
27852785 statement, to call witnesses, and to question any witnesses called by the accused; except, that
27862786 nothing in this paragraph shall be construed to require the chair to present evidence ainst the
27872787 accused at the proceeding.
27882788 (D) At the proceeding, the accused shall be given the opportunity to make
27892789 an opening and a closing statement, to call witnesses on the accused’s behalf, and to question any
27902790 witnesses called by the chairperson of the ad hoc committee; except, that the accused shall have
27912791 no right to have the Council compel the production of evidence or the testimony of witnesses.
27922792 (E) The accused may be represented by a person of the accused’s choice,
27932793 whether or not the person is an attorney at law, and may have that representative speak or
27942794 question witnesses on the accused’s behalf.
27952795 (F) The questioning or cross-examining of witnesses, if any witnesses
27962796 testify, may be reasonably limited by the presiding member.
27972797 (G) If testimony is taken from witnesses, such testimony shall only be
27982798 taken from witnesses having direct knowledge of facts or circumstances relevant to the specific
27992799 charges under consideration. COUNCIL RULES, PERIOD XXV I
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28022802
28032803 (H) The rules of evidence and judicial procedure applicable in courts of
28042804 law shall not be applicable to this proceeding, and the procedures shall be generally informal.
28052805 (4) The accused shall have no rights beyond those stated herein and the accused
28062806 shall not be entitled to any process beyond notice and an opportunity to be heard.
28072807 (5)(A) Following the proceeding, the chairperson of the ad hoc committee shall
28082808 request that the resolution of censure or expulsion be agendized for the next legislative meeting.
28092809 (B) During the consideration of a resolution of censure or expulsion, a
28102810 Councilmember may offer an amendment to the resolution; except, that a resolution of censure
28112811 may not be amended to impose expulsion.
28122812 (6) The accused shall be recused from voting on a resolution of expulsion.
28132813 (7) The accused may participate but shall not vote on a resolution of censure.
28142814 (b) Any other resolution pertaining to sanctions, introduced pursuant to Rule 652(c)(2),
28152815 shall be placed on the agenda of a forthcoming legislative meeting by the Chairman.
28162816 654. REPRIMAND.
28172817 (a) A reprimand is a formal statement of the Council officially disapproving the conduct
28182818 of one of its members. A reprimand shall be directed to a particular member of the Council based
28192819 on a particular action or set of actions that is determined to be in violation of the Council’s
28202820 Rules, law, or policy, or otherwise inappropriate, but is considered to be not sufficiently serious
28212821 to require censure or expulsion.
28222822 (b) The Council may adopt a resolution of reprimand in the same manner as provided for
28232823 the adoption of any resolution; provided, that the Councilmember who is the subject of the
28242824 resolution is permitted to speak in his or her defense prior to action on the motion for adoption of
28252825 the resolution. The fact that the Councilmember who is the subject of a reprimand does not
28262826 choose to respond to the resolution or does not attend the meeting at which the resolution is to be
28272827 adopted shall not prevent the Council from adopting the resolution; provided, that the
28282828 Councilmember had actual notice of the inclusion of the resolution on the agenda and had a
28292829 reasonable opportunity to attend the meeting.
28302830 655. CENSURE AND EXPULSION.
28312831 (a)(1) Censure is a formal statement of the Council officially disciplining one of its
28322832 members. It is a punitive action, which serves as a penalty imposed for wrongdoing, but it carries
28332833 no fine or suspension of the rights of the Member as an elected official. Censure should be used
28342834 for cases in which the Council determines that the Councilmember committed a violation of a
28352835 law or rule of a serious nature. COUNCIL RULES, PERIOD XXV I
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28372837 82
28382838
28392839 (2) The Council may, by a 2/3rds vote of Councilmembers present and voting,
28402840 adopt a resolution of censure if it finds, based on substantial evidence contained in the resolution
28412841 or presented at the proceeding, that the Councilmember committed a violation of a law or rule of
28422842 a serious nature.
28432843 (b)(1) Expulsion is the most severe punitive action, serving as a penalty imposed for
28442844 egregious wrongdoing. Expulsion results in the removal of the Member. Expulsion should be
28452845 used for cases in which the Council determines that the Councilmember committed a violation of
28462846 law of the most serious nature, including a violation that substantially threatens the public trust.
28472847 (2) The Council may, by a 5/6 vote of Councilmembers, adopt a resolution of
28482848 expulsion if it finds, based on substantial evidence contained in the resolution or presented at the
28492849 proceeding, that the Councilmember committed a violation of law that amounts to a gross failure
28502850 to meet the highest standards of personal and professional conduct.
28512851 (c) To protect the exercise of official Councilmember duties and the overriding principle
28522852 of freedom of speech, the Council shall not impose censure or expulsion on any Councilmember
28532853 for the exercise of the Councilmember’s First Amendment right, no matter how distasteful the
28542854 expression of that right was to the Council and the District.
28552855 (d) For the purposes of this section, the term “substantial evidence” means proof that a
28562856 reasonable person would accept as adequate to support a conclusion or decision in favor of
28572857 censure or expulsion.
28582858 ARTICLE VII—BUDGET PROCEDURES.
28592859 A. BUDGET REVIEW PROCEDURES.
28602860 701. ROLE OF THE COMMITTEE OF THE WHOLE.
28612861 The Mayor’s annual proposed budget for the District government and any revised,
28622862 supplemental, or deficiency budget submitted to the Council pursuant to section 442 of the
28632863 Charter (D.C. Official Code § 1-204.42) shall be referred to the Committee of the Whole.
28642864 702. BUDGET-REVIEW SCHEDULE.
28652865 (a) The Budget Director, at the direction of the Chairman, shall prepare a budget-review
28662866 schedule, including committee hearings; and other budget activities as necessary or appropriate.
28672867 (b) The budget-review schedule shall be presented to the Committee of the Whole for
28682868 approval. The Budget Director may change the schedule as necessary or appropriate and shall
28692869 circulate the updated budget-review schedule and publish it on the Council website. COUNCIL RULES, PERIOD XXV I
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28722872
28732873 703. ROLE OF COUNCIL COMMITTEES.
28742874 (a) Each standing committee shall be responsible, in accordance with the budget-review
28752875 schedule, for reviewing the proposed budget for agencies within its purview, including:
28762876 (1) Holding public hearings;
28772877 (2) Recommending funding and personnel levels for each agency;
28782878 (3) Identifying additional budget needs not included in the committee's
28792879 recommendation under paragraph (2) of this subsection, for which funding is sought;
28802880 (4) Identifying legislative actions required to implement the committee’s budget
28812881 recommendations; and
28822882 (5) Identifying issues for further analysis by the Mayor pursuant to section
28832883 442(a)(6) of the Charter (D.C. Official Code § 1-204.42(a)(6)).
28842884 (b)(1) Each standing committee shall hold a markup of its report of recommendations to
28852885 the Committee of the Whole for the proposed budget for agencies within its purview, in
28862886 accordance with report requirements issued by the Budget Director.
28872887 (2) The committee report of recommendations shall be balanced. No report shall
28882888 result in a net increase in the total amount of the budget request for all agencies under its purview
28892889 unless that report also identifies additional revenue sources, additional budget reductions, or
28902890 both, within the committee’s jurisdiction, sufficient to provide funding for the increase, except
28912891 where another committee has directed funds to the committee.
28922892 (3) Each proposed subtitle in the committee report shall be within the purview of
28932893 the committee.
28942894 (4) No amendment offered at markup shall have the effect of putting the
28952895 committee budget recommendations out of balance.
28962896 (5) No transfers or substantive changes shall be made after the markup that were
28972897 not approved at the markup.
28982898 (c)(1) Each standing committee shall submit its committee report to the Budget Director
28992899 for certification by close of business the day before the Committee of the Whole working
29002900 session.
29012901 (2) Following certification by the Budget Director, each committee shall file its
29022902 report with the Secretary. COUNCIL RULES, PERIOD XXV I
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29052905
29062906 704. COMMITTEE OF THE WHOLE CONSIDERATION OF PROPOSED BUDGET.
29072907 (a) The Budget Director, upon receipt of committee reports and at the direction of the
29082908 Chairman, shall prepare a summary of committee recommendations for presentation at a working
29092909 session of the Committee of the Whole.
29102910 (b) Following the working session, the Budget Director, at the direction of the Chairman,
29112911 shall prepare a draft report and print for the budget measures that includes the Chairman’s
29122912 recommendations. The report shall include a comparison of the budget levels recommended by
29132913 committees with any changes recommended by the Chairman. The Committee of the Whole shall
29142914 meet to consider and mark up the draft report and print.
29152915 (c) An amendment offered to a budget measure shall be accompanied by a fiscal impact
29162916 statement and a lel sufficiency determination, as required by Rules 309 and 310, respectively.
29172917 No amendment shall have the effect of putting the budget out of balance.
29182918 705. COUNCIL CONSIDERATION OF THE BUDGET.
29192919 (a) Following the markup and report on the budget by the Committee of the Whole, the
29202920 reported budget shall be presented for 2 readings at the next legislative meetings or additional
29212921 meetings called by the Chairman for that purpose.
29222922 (b) An amendment offered to a budget measure shall be accompanied by a fiscal impact
29232923 statement and a lel sufficiency determination, as required by Rules 309 and 310, respectively.
29242924 No amendment shall be in order if it has the effect of putting the budget out of balance.
29252925 B. REPROGRAMMING POLICY ACT PROCEDURES.
29262926 711. EFFECT OF RECESS ON PROCEDURES.
29272927 Reprogramming requests and grant budget modification requests may not be submitted to
29282928 the Council during a recess of the Council. No time period provided in this part for the
29292929 consideration of the requests will continue to run during a recess of the Council.
29302930 712. COMMITTEE REFERRAL OF REQUESTS.
29312931 The Chairman may refer reprogramming requests for comments to the standing
29322932 committee having oversight responsibility for the program or agency affected.
29332933 713. CIRCULATION OF REQUESTS.
29342934 The Secretary shall circulate a copy of a reprogramming request or a grant budget
29352935 modification request within one business day after the filing of the request with the Secretary. COUNCIL RULES, PERIOD XXV I
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29372937 85
29382938
29392939 714. PUBLICATION OF NOTICE.
29402940 Upon receipt of a reprogramming request or a grant budget modification request, the
29412941 Secretary shall publish a “notice of reprogramming request” or a “notice of grant budget
29422942 modification request”, as the case may be, in the Register that, at a minimum, includes:
29432943 (1) A description of the action requested;
29442944 (2) The date the request was received by the Council; and
29452945 (3) A statement that the request will be deemed approved 14 days from the date it
29462946 was received by the Council unless a notice of disapproval has been filed before that time by a
29472947 member of the Council, and that, if a notice of disapproval is filed, the request will be deemed
29482948 approved 30 days from the date the request was received unless, before that time, the Council
29492949 adopts a resolution to disapprove the request.
29502950 715. WITHDRAWAL OF REPROGRAMMING REQUESTS.
29512951 The Mayor may withdraw a reprogramming request or grant budget modification request
29522952 at any time before the Council takes final action on the request, or before it takes effect without
29532953 Council action.
29542954 716. REQUIREMENTS FOR DISAPPROVAL OF REQUESTS.
29552955 (a) To initiate disapproval of a reprogramming request or a grant budget-modification
29562956 request, a Councilmember shall file a written notice of disapproval with the Secretary within 14
29572957 days after the Council receives the request. The Secretary shall circulate copies of the written
29582958 notice of disapproval.
29592959 (b) If this notice is given, the Council may consider and take final action, as provided in
29602960 this section, to disapprove the request within 30 calendar days after the Council receives the
29612961 request.
29622962 717. AUTOMATIC APPROVAL OF REQUESTS.
29632963 If the notice of disapproval provided in Rule 716 is not given within 14 days after the
29642964 Council receives the request, the reprogramming request or a grant budget modification request
29652965 shall be deemed approved. If the notice is given as provided in Rule 716(a) and the Council does
29662966 not take final action to disapprove the request as provided in Rule 716(b), the reprogramming
29672967 request or a grant budget modification request shall be deemed approved. COUNCIL RULES, PERIOD XXV I
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29702970
29712971 718. TRANSMITTAL TO MAYOR.
29722972 The Chairman shall transmit, by letter to the Mayor, notification of the Council’s
29732973 disapproving or failure to disapprove a reprogramming request or a grant budget modification
29742974 request.
29752975 C. FUNDS CONTROL ACT PROCEDURES.
29762976 [RESERVED].
29772977 D. SPECIFIED FUNDING ALLOCATION PROCEDURES.
29782978 730. REQUIRED INFORMATION PRIOR TO APPROVAL.
29792979 (a) To receive an earmarked grant through the budget process or a supplemental budget,
29802980 each grantee, no later than 7 days following the inclusion of funding in the budget at first
29812981 reading, or if applicable, at second reading, shall submit electronically to the Budget Director the
29822982 following:
29832983 (1) The ornization’s Articles of Incorporation;
29842984 (2)(A) Internal Revenue Service certification that the ornization is tax-exempt
29852985 under 26 U.S.C. § 501(c)(3); or
29862986 (B) A notarized statement that the ornization has filed for tax-exempt
29872987 status and the application is still under consideration by the Internal Revenue Service;
29882988 (3)(A) The ornization’s most recent financial audit, not more than 2 years old;
29892989 or
29902990 (B) A recent financial statement, not more than one year old, prepared by
29912991 a certified accountant that shows that the ornization is in good financial standing and that
29922992 delineates its:
29932993 (i) Existing assets and liabilities;
29942994 (ii) Pending lawsuits, if any; and
29952995 (iii) Pending and final judgments, if any;
29962996 (4) The most recently filed Internal Revenue Service Form 990 or 990EZ
29972997 covering one of the ornization’s most recently completed 2 fiscal years;
29982998 (5) A notarized statement from the grantee certifying that:
29992999 (A) The ornization is current on District and federal taxes; COUNCIL RULES, PERIOD XXV I
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30023002
30033003 (B) The Council of the District of Columbia is authorized to verify the
30043004 ornization’s tax status with the District of Columbia Office of Tax and Revenue and the Office
30053005 of Tax and Revenue is authorized to release this information to the Council, the Mayor, and the
30063006 Auditor;
30073007 (C) The ornization focuses primarily on services to District of
30083008 Columbia; and
30093009 (D) The District government shall have access to its financial,
30103010 administrative, and operational records, including specific consent for the Auditor to access its
30113011 books, accounts, records, findings, and documents related to the grant; and
30123012 (6) A comprehensive program statement that includes a detailed:
30133013 (A) Scope of work for the grant funds; and
30143014 (B) Budget that describes how the grant funds shall be spent.
30153015 (b) Nothing in this part shall be construed as waiving the requirements to submit
30163016 information required of all grantees by the grantor agencies or ornizations.
30173017 (c)(1) If an ornization cannot meet the submission requirements established in
30183018 subsection (a) of this section, the ornization shall be required to submit:
30193019 (A) A notarized statement designating a nonprofit ornization that does
30203020 meet the criteria to serve as its fiscal agent or fiscal sponsor postmarked or hand delivered to the
30213021 Council’s Office of the Budget Director no later than the time prescribed in subsection (a) of this
30223022 section; and
30233023 (B) The information required by subsection (a)(5) of this section.
30243024 (2) The fiscal agent or fiscal sponsor shall be required to submit the following to
30253025 the Council’s Office of the Budget Director no later than the time prescribed in subsection (a) of
30263026 this section:
30273027 (A) A notarized statement agreeing to serve as fiscal agent or fiscal
30283028 sponsor; and
30293029 (B) The information required by subsection (a) of this section.
30303030 (d)(1) All earmarked grants shall be listed in the Budget Support Act to include the
30313031 grantee name, grant amount, and purpose of the grant.
30323032 (2) Before the second reading of the Budget Support Act, the Council's Budget
30333033 Director shall certify which grantees have met the requirements of subsection (a) of this section. COUNCIL RULES, PERIOD XXV I
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30363036
30373037 Any grantee that has not met the requirements shall be removed from the Budget Support Act on
30383038 second reading and shall not receive funding through an earmarked grant.
30393039 (e) This part shall not apply to funds or grants provided to instrumentalities of the District
30403040 or entities that are named in a Local Budget Act.
30413041 731. [RESERVED].
30423042 732. LIMITS ON AWARD AMOUNTS.
30433043 Specified funding allocations per fiscal year shall be limited to $250,000 for non-capital
30443044 projects and $1 million for all capital projects.
30453045 733. AUDIT REQUIREMENTS.
30463046 (a) Grantees shall be notified that the District of Columbia Auditor may randomly audit
30473047 grant recipients.
30483048 (b) The District of Columbia Auditor’s report, if applicable, shall be issued no later than
30493049 March 1st of the fiscal year immediately following the year for which the grant was awarded.
30503050 734. DISCLOSURE REQUIREMENTS.
30513051 Councilmembers and staff and the officers and directors of a proposed grantee shall
30523052 disclose the existence of any personal, familial, or financial relationship between a
30533053 Councilmember or staff and any officer or director of the grantee.
30543054 E. REPORTS ON BILLS SUBJECT TO INCLUSION IN THE BUDGET AND
30553055 FINANCIAL PLAN.
30563056 735. REPORTS ON BILLS SUBJECT TO INCLUSION IN THE BUDGET AND
30573057 FINANCIAL PLAN.
30583058 The Budget Director shall circulate and publish quarterly reports in accordance with Rule
30593059 283(b) no later than 15 days after the end of each quarter, identifying the bills adopted by the
30603060 Council that are subject to inclusion in the budget and financial plan or subject to appropriation.
30613061 736. REPEAL OF LAWS SUBJECT TO APPROPRIATION .
30623062 (a) A law, or provision of a law, that will be applicable subject to inclusion in a budget
30633063 and financial plan that remains unfunded for 2 fiscal years shall be subject to repeal in the
30643064 Budget Support Act on the third fiscal year following its enactment. COUNCIL RULES, PERIOD XXV I
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30673067
30683068 (b) The Budget Director shall prepare and submit a list of the laws, or provisions thereof,
30693069 that meet the criteria for repeal to the Chairman that the Chairman may propose for approval by
30703070 the Committee of the Whole for inclusion in the Budget Support Act.
30713071 ARTICLE VIII—COUNCIL RECORDS
30723072 A. COUNCIL RECORDS.
30733073 801. RESPONSIBILITY FOR RECORDS.
30743074 (a) The Secretary shall maintain accurate and up-to-date Council records, described in
30753075 Rules 806 and 807, and shall make the records available to the public.
30763076 (b) Each committee shall make records on legislation assigned to the committee and on
30773077 other committee activities and shall file the records, when the record on a matter is closed post-
30783078 hearing in accordance with Rule 532, with the Secretary. When records are in the custody of the
30793079 committee, the committee shall make them available to the public.
30803080 802. FORM FOR INTRODUCTIONS.
30813081 (a) Each measure shall be introduced in typewritten form, signed by the Councilmember
30823082 introducing it, include a long title that summarizes the subject matter of the measure, and be in
30833083 substantial compliance with the form required for final adoption. The Secretary shall make the
30843084 determination as to whether the measure complies with this subsection.
30853085 (b) Co-introduction of a measure shall be evidenced by the signature of the co-introducer
30863086 on the face of the measure. Co-sponsorship shall be permitted up to the close of business the day
30873087 following the legislative meeting or Committee of the Whole work session at which the measure
30883088 was officially referred.
30893089 (c) A Councilmember may withdraw as a co-introducer or a co-sponsor pursuant to Rule
30903090 402.
30913091 803. REPORTS ON LEGISLATION.
30923092 (a) Each measure that is adopted by a committee shall be accompanied by a report.
30933093 (b) The report shall be adopted by the committee at the same meeting at which the
30943094 measure is approved.
30953095 (c) Each adopted report on a measure shall be in writing, signed by the committee’s
30963096 chairperson, accompanied by the final measure, and dated as of the date of the markup.
30973097 (d) Each adopted report shall contain the following information, in the order listed,
30983098 rerding the reported legislation: COUNCIL RULES, PERIOD XXV I
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31013101
31023102 (1) A comprehensive section stating the measure’s background, need, purpose,
31033103 and effect. This section shall also include the committee’s reasoning, analysis of relevant issues,
31043104 legislative intent, and, if applicable, guidance on statutory construction;
31053105 (2) A chronology of action, including the date:
31063106 (A) Of introduction;
31073107 (B) That the notice of intent to act on the measure was published in the
31083108 Register;
31093109 (C) That each notice of hearing or roundtable was published in the
31103110 Register;
31113111 (D) Of each hearing or roundtable on the measure; and
31123112 (E) Of the committee meeting at which the measure and report were
31133113 adopted;
31143114 (3) The position of the Executive, if any, on the measure;
31153115 (4) The committee’s response to the relevant recommendations adopted by a
31163116 resolution of an affected Advisory Neighborhood Commission, if any, that has been provided to
31173117 the committee before the close of the record;
31183118 (5) A list of witnesses who testified at the hearing or roundtable, or who
31193119 submitted a statement for the record before close of the record, and a brief summary of each
31203120 witness’s position;
31213121 (6) An explanation of the impact on existing provisions of law that the measure
31223122 would modify or affect;
31233123 (7) A summary of the fiscal impact, including whether funds are sufficient to
31243124 implement the legislation, and, if applicable, a summary of the tax abatement financial analysis
31253125 conducted pursuant to D.C. Official Code § 47-4701;
31263126 (8) A summary of the racial equity impact, if an assessment has been provided
31273127 pursuant to Rule 311, and the committee’s response to the assessment;
31283128 (9) A detailed section-by-section analysis of the measure’s substantive provisions;
31293129 (10) Any additional information that the committee decides to include;
31303130 (11) A summary of the committee’s markup of the measure, including: COUNCIL RULES, PERIOD XXV I
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31333133
31343134 (A) Dissenting, separate, and individual views of committee members, if
31353135 members demanded the opportunity to state their views;
31363136 (B) A record of the results of a voice vote or, if a roll-call vote, the votes
31373137 to adopt the legislation and the motion to adopt the report; and
31383138 (C) Any recorded votes on amendments to the measure or other motions;
31393139 and
31403140 (12) The report adopted by the final committee in cases of a sequential referral
31413141 may summarize paragraphs (2), (4), and (5) of this subsection, if the previous committee report
31423142 (in the sequential referral) is included (with or without attachments).
31433143 (e) Attached to each report, in the following order, shall be:
31443144 (1) The measure, as introduced, along with any transmittal letter, if applicable
31453145 (but not necessarily any other attachments to the introduction), and the Secretary’s memorandum
31463146 of referral;
31473147 (2) Any written statements or materials that the committee decides to attach;
31483148 (3) The Racial Equity Impact Assessment, if one has been issued pursuant to Rule
31493149 311;
31503150 (4) As required by Rule 309, a fiscal impact statement;
31513151 (5) The tax abatement financial analysis conducted pursuant to D.C. Official Code
31523152 § 47-4701, if applicable;
31533153 (6) As required by Rule 310, a lel sufficiency determination;
31543154 (7) If reporting a bill repealing or amending existing law, a comparative print
31553155 showing, by italic, underscore, strikethrough, or other typographical device, the changes
31563156 proposed; except, that when a new section, or greater part is being added, such as a new chapter
31573157 or title, a comparative print shall not be required but a reference to the new section or part shall
31583158 be included in the committee report; and
31593159 (8) A committee print that states the number of the measure and, in the top left-
31603160 hand corner of the measure, the name of the committee, the date of the committee markup, and
31613161 the words “committee print”.
31623162 (f) Each report prepared by the Committee of the Whole on a Council appointment to
31633163 another body and each report prepared by another committee on a confirmation shall include a
31643164 current resume of the nominee. COUNCIL RULES, PERIOD XXV I
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31673167
31683168 (g) As required by Rule 309, no measure may be approved by a committee without a
31693169 fiscal impact statement on the measure that is included in the committee report at the time of its
31703170 consideration.
31713171 (h) As required by Rule 310, no measure may be approved by a committee without a
31723172 lel sufficiency determination on the measure that is included in the committee report at the
31733173 time of its consideration.
31743174 (i)(1) A committee chairperson shall file a reported bill or resolution with the Secretary
31753175 within 20 business days after committee action on the bill or resolution unless the committee
31763176 votes to reconsider the bill or resolution.
31773177 (2) If a committee chairperson has failed to file a reported measure within the
31783178 period of time specified in paragraph (1) of this subsection, the committee, by a majority vote of
31793179 the members of the committee, may vote to have the measure as reported filed immediately with
31803180 the Secretary, to be agendized at the next scheduled Committee of the Whole meeting.
31813181 (j) This section shall not apply to a budget measure or an emergency or temporary
31823182 measure.
31833183 (k) The Secretary shall determine whether the report complies with this section.
31843184 804. SUPPLEMENTAL COMMITTEE REPORT .
31853185 A committee may adopt a supplemental committee report on a measure that expounds on
31863186 the intent of that measure and explains the reasoning for any amendments to the measure by the
31873187 Council after the filing of the committee report on the measure. A supplemental committee
31883188 report adopted by a Committee shall be filed with the Secretary.
31893189 805. IDENTIFICATION OF COUNCIL DOCUMENTS.
31903190 (a) Legislative documents shall be identified by a name that describes the type of
31913191 document and a 2-part document number.
31923192 (b) Legislative documents shall be identified by the following names:
31933193 (1) A bill, whether permanent, temporary, or emergency, shall be known as a
31943194 “Bill”;
31953195 (2) A resolution, before its adoption, shall be known as a “Proposed Resolution”;
31963196 (3) An enacted bill signed by the Mayor, a bill vetoed by the Mayor and approved
31973197 by members of the Council, or an approved initiative certified by the Board of Elections shall be
31983198 known as a “District of Columbia Act”; COUNCIL RULES, PERIOD XXV I
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32013201
32023202 (4) An adopted resolution shall be known as a “Resolution”;
32033203 (5) A ceremonial resolution, whether proposed or adopted, shall be known as a
32043204 “Ceremonial Resolution”;
32053205 (6) An act that has taken effect following a congressional review period shall be
32063206 known as a “District of Columbia Law”;
32073207 (7) A proposed reornization plan shall be known as a “Reornization Plan”;
32083208 (8) A request for a reprogramming shall be known as a “Reprogramming
32093209 Request”;
32103210 (9) A proposed state plan shall be known as a “Proposed State Plan”; and
32113211 (10) A request for a grant budget modification shall be known as a “Grant Budget
32123212 Modification”.
32133213 (c) The Secretary shall assign 2-part numbers to Council documents identified in
32143214 subsection (b) of this section in the order of introduction, filing, adoption, or approval. The first
32153215 part of the number consists of the current Council Period, and the second part consists of a
32163216 consecutive serial number beginning with the number “1” in each Council Period.
32173217 (d) A report on a measure or a topic shall be titled as a “Report on ______________”
32183218 (with the name to be filled in as appropriate under subsection (b) of this section). Titled reports
32193219 shall be further identified by:
32203220 (1) A number corresponding to the number, if any, assigned to a measure; or
32213221 (2) If the report is not on a measure, a sequential number preceded by the year
32223222 filed.
32233223 806. LEGISLATIVE FILES.
32243224 (a) The Secretary shall maintain an official file on each bill and proposed resolution,
32253225 which shall include the original of the following:
32263226 (1) The introduced version of the bill or proposed resolution;
32273227 (2) Any recordings, transcripts, or items submitted for the record of hearings on
32283228 the legislation;
32293229 (3) The committee report on the legislation; COUNCIL RULES, PERIOD XXV I
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32323232
32333233 (4) Files transmitted from the committee rerding committee consideration of the
32343234 bill or resolution;
32353235 (5) Any amendments to the bill or proposed resolution presented in legislative
32363236 meetings;
32373237 (6) The engrossed and enrolled versions of the legislation;
32383238 (7) Records of the publication and notice given of Council consideration of the
32393239 legislation;
32403240 (8) Records of official transmittal of the legislation to the Mayor, to Congress, or
32413241 other agencies or entities as required by law or the legislation; and
32423242 (9) Records from the Mayor, including vetoes and other statements transmitted to
32433243 the Council by the Mayor, records from independent agencies or entities, such as the Office of
32443244 the Chief Financial Officer and the Washington Metropolitan Area Transit Authority, and
32453245 records from Congress or a member of Congress.
32463246 (b) The posting of draft measures and associated notices on the Council’s website shall
32473247 not be considered official documents unless expressly incorporated in the official file by the
32483248 Secretary pursuant to subsection (a) of this section.
32493249
32503250 807. OTHER OFFICIAL RECORDS.
32513251
32523252 The Secretary shall maintain other official Council records, including:
32533253
32543254 (1) Transcripts and recordings of all legislative meetings;
32553255 (2) Audio and video recordings and minutes of all committee meetings;
32563256 (3) Audio and video recordings and documents submitted for the record of all
32573257 legislative hearings;
32583258 (4) Audio and video recordings and documents submitted for the record of
32593259 investitive hearings, recordings and transcripts of depositions and other testimony taken in
32603260 connection with investitions, and reports of investitions;
32613261 (5) Records of all committee meetings to include the meeting agenda, the draft
32623262 committee print considered at the meeting, and each amendment to a measure moved at the
32633263 meeting; and
32643264 (6) Any other document or record required by law or these Rules to be filed with
32653265 the Council or with the Secretary. COUNCIL RULES, PERIOD XXV I
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32683268
32693269 808. RECORDS OF LEGISLATIVE MEETINGS.
32703270 A recording of each legislative meeting shall be produced and maintained by the
32713271 Secretary. A written transcript or a transcription of each legislative meeting shall be made
32723272 available upon request. The Council may establish a fee to cover the cost of production of any
32733273 recording or transcript.
32743274 809. COMMITTEE RECORDS.
32753275 Whenever there is a change in the chairperson of a committee, the incumbent committee
32763276 chairperson shall ensure that official committee files and records are maintained and transmitted
32773277 to the incoming committee chairperson.
32783278 B. FREEDOM OF INFORMATION AND SERVICE OF PROCESS.
32793279 811. FOIA PROCEDURES.
32803280 (a) For the purposes of the Freedom of Information Act (D.C. Official Code § 2-531 et
32813281 seq.) (“FOIA”), the General Counsel, or the General Counsel’s designee, shall be the Council’s
32823282 FOIA Officer.
32833283 (b) To ensure accurate and timely compliance with FOIA, if a Councilmember, staff
32843284 member, or Council office receives a request for information contained in a record or access to a
32853285 record, the request shall be forwarded to the FOIA Officer within one business day after receipt.
32863286 The FOIA Officer shall endeavor to provide documents under FOIA to requesters as soon as
32873287 possible, and within the time period prescribed in D.C. Official Code § 2-532.
32883288 (c)(1) Within one business day after receiving a finalized FOIA request, the FOIA Officer
32893289 shall inform the Councilmember or Council office that is the subject of the request.
32903290 (2) For FOIA requests for public records within the control and possession of a
32913291 Councilmember or Council office, the FOIA Officer shall instruct the subject to put a
32923292 preservation hold on, to search for, and to provide copies of any public records responsive to the
32933293 request to the FOIA Officer.
32943294 (3) For FOIA requests for public records in any electronic format, the FOIA
32953295 Officer shall instruct the subject to put a preservation hold on such records responsive to the
32963296 request.
32973297 (d)(1) Upon receipt of a written request for access to a record, the FOIA Officer shall
32983298 make a good-faith effort to determine if the record requested is a public record and whether the
32993299 Council possesses the identified record. COUNCIL RULES, PERIOD XXV I
33003300
33013301 96
33023302
33033303 (2) If a requester specifically identifies a public record that is not in the possession
33043304 of the Council and has made a reasonable showing that the record is in the possession of a
33053305 Council employee, including the Chairman and each Councilmember, the FOIA Officer shall
33063306 request that the employee search for and produce the public record believed to be in the
33073307 employee’s possession. An employee receiving a request under this paragraph shall make
33083308 reasonable efforts to search for and produce the public record to the FOIA Officer within the
33093309 time and in the form prescribed by the FOIA Officer and shall verify in writing that reasonable
33103310 efforts were made.
33113311 (e) Before releasing any documents, emails, or materials, the FOIA Officer shall give the
33123312 subject 2 business days to review the documents, emails, and materials, and to assert any lelly
33133313 cognizable privileges or statutory exemptions from disclosure for a specific document, email, or
33143314 material.
33153315 (f) The General Counsel shall make the final determination on whether particular public
33163316 records are responsive to the request and privileged or otherwise subject to disclosure.
33173317 (g) For the purposes of this rule, the term “public record” shall have the same meaning as
33183318 provided in D.C. Official Code § 2-539.
33193319 812. TRANSACTION OF PUBLIC BUSINESS BY ELECTR ONIC FORMAT.
33203320 A Council employee, including the Chairman and each Councilmember, shall use only
33213321 the employee’s government-provided email account, cellular phone, or tablet device to transact
33223322 public business by email, text or other electronically transmitted message, including official
33233323 action of any kind, unless the employee takes steps to ensure that any emails, text messages, or
33243324 other electronically transmitted messages including those designed to disappear after a certain
33253325 time period, sent or received on an account other than the email account, cellular phone, or tablet
33263326 device provided by the government are otherwise incorporated into the Council’s records in a
33273327 text-searchable format.
33283328 813. SERVICE OF PROCESS.
33293329 (a) For the purpose of receiving lel correspondence (including summonses, complaints,
33303330 and subpoenas), only the Secretary and the General Counsel, or their designees, may accept
33313331 service of process for the Council or any Councilmember in an official capacity.
33323332 (b) To ensure timely responses to lel pleadings, and to timely assert the Council’s
33333333 legislative privilege for actions taken within the scope of a Member’s legislative duties, the
33343334 Office of the General Counsel shall be notified immediately of receipt of any lel
33353335 correspondence, and such lel correspondence shall be transmitted to the Office of the General
33363336 Counsel within one business day after receipt. COUNCIL RULES, PERIOD XXV I
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33383338 97
33393339
33403340 (c) A Member may not accept service of process of a lel document on behalf of the
33413341 Council or for another Member.
33423342 ARTICLE IX—AUDITOR.
33433343 901. SELECTION.
33443344 The Chairman shall nominate the Auditor, and the Council shall, by resolution, act on the
33453345 nomination.
33463346 902. TERM AND COMPENSATION.
33473347 The Auditor shall serve for a term of 6 years and shall be paid at a rate of compensation
33483348 as may be established from time to time by the Council.
33493349 903. VACANCY.
33503350 A vacancy in the Office of the Auditor shall be filled in the manner prescribed for
33513351 full-term appointments to that office, and any person appointed to fill the vacancy shall serve
33523352 until the end of the predecessor’s term.
33533353 904. STAFF.
33543354 The Auditor shall appoint, remove, and set the relative remuneration, in accordance with
33553355 the budget of the Office of the Auditor, of the Auditor’s subordinate staff.
33563356 905. REPORTS AVAILABLE TO THE PUBLIC.
33573357 The Council shall make audit reports submitted to the Council by the Auditor, and any
33583358 other material it deems pertinent to the report, available for public inspection.
33593359 ARTICLE X—CONSTRUCTION, SUSPENSION, AND AMENDMENT OF RULES.
33603360 1001. PARLIAMENTARY AUTHORITY.
33613361 Matters not covered by these Rules shall be governed by Mason’s Manual of Legislative
33623362 Procedure. It is the duty of the Chairman to interpret the Rules. Matters not covered by Mason’s
33633363 Manual of Legislative Procedure shall be determined by the Chairman subject to the right of a
33643364 Member to appeal the Chairman’s ruling. The Council recognizes the principle of stare decisis in
33653365 resolving questions of order.
33663366 1002. GENDER RULE OF CONSTRUCTION.
33673367 Unless the context indicates otherwise, words importing one gender include other
33683368 genders. COUNCIL RULES, PERIOD XXV I
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33713371
33723372 1003. SUSPENSION OF RULES.
33733373 (a) Except for rules rerding notice, quorum, or amendment of these Rules and any
33743374 requirement of the Charter or other law, any Rule governing procedures of the Council may be
33753375 suspended during the consideration of a specified matter by motion to suspend the Rules
33763376 approved by 2/3rds of the Members present and voting.
33773377 (b) A motion to suspend the Rules is not debatable and may not be reconsidered.
33783378 1004. AMENDMENT OF RULES.
33793379 (a) These Rules may be amended by a vote of a majority of the Council.
33803380 (b) The proposed rules to be adopted at the ornizational meeting pursuant to Rule 301
33813381 shall be filed by the Chairman with the Secretary no later than the business day before the
33823382 ornizational meeting. An amendment to the Rules at any other time shall be introduced by the
33833383 Chairman and shall be noticed and a draft circulated by noon on the third business day before the
33843384 meeting at which it is to be considered.
33853385 (c) The current version of these Rules shall be featured prominently on the Council
33863386 website, including any amendments adopted since the Rules were first adopted at the
33873387 ornizational meeting held pursuant to Rule 301.
33883388 1005. EFFECTIVE PERIOD.
33893389 These Rules shall be effective until superseded by Rules of Ornization and Procedure
33903390 adopted in a succeeding Council Period, as provided in Rule 301.
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33923392
33933393 APPENDIX A.
33943394 TO: __________________
33953395 __________________
33963396 (Address)
33973397 PURSUANT TO D.C. Official Code § 1-204.13, YOU ARE COMMANDED TO APPEAR
33983398 before the (Council/Committee on) ___________, of the Council of the District of Columbia, at
33993399 ____(a.m./p.m.) on the day of ________, 20__, to testify before the Council/Committee
34003400 concerning: ___________________________________ and bring with
34013401 you:____________________________________.
34023402 ISSUED BY: __________________ ATTEST: _______________________
34033403 Chairman/Member of the Secretary to the Council
34043404 Council of the District of Columbia (Seal of the District)
34053405 IMPORTANT: If you fail to appear at the time and place stated or to bring with you the
34063406 documents or items requested, the Council may refer the matter to the Superior Court of the
34073407 District of Columbia for an order compelling your attendance or the production of the documents
34083408 or items requested.
34093409 Failure to obey such an order may be punished as contempt of Court. DO NOT FAIL TO
34103410 APPEAR OR PRODUCE THE REQUESTED ITEMS AT THE REQUIRED TIME.
34113411 RETURN:
34123412 I, ___________ certify that I served a copy of this subpoena on the named party at
34133413 ______________ (address), on the _______ day of ________, 20__, at _______, (a.m./p.m.)
34143414 by the following means:
34153415 PROCESS SERVER: _________________________
34163416 (Address) Washington, D.C.
34173417
34183418 DISTRICT OF COLUMBIA: SS
34193419 SUBSCRIBED AND AFFIRMED TO ME BEFORE THIS __ DAY OF _____, 20__
34203420 __________________________
34213421 NOTARY PUBLIC, D.C.
34223422 MY COMMISSION EXPIRES:
34233423 100
34243424
34253425 You may obtain a copy of the Rules of Ornization and Procedure for the Council of the
34263426 District of Columbia and the Resolution authorizing this investition from the Council’s
34273427 Legislative Services Division, John A. Wilson Building, Room 10, 1350 Pennsylvania Avenue,
34283428 N.W., Washington, D.C. 20004
34293429 1
34303430 COUNCIL OF THE DISTRICT OF COLUMBIA
34313431 CODE OF OFFICIAL CONDUCT
34323432 COUNCIL PERIOD 26
34333433
34343434 TABLE OF CONTENTS
34353435 I. Conflicts of Interest ..........................................................................................................2
34363436 II. Outside Activities ............................................................................................................6
34373437 III. Gifts from Outside Sources ............................................................................................8
34383438 IV. Conferences, Travel, and Receptions and Donations to the Council ..........................12
34393439 V. Gifts Between Employees .............................................................................................15
34403440 VI. Use of Government Resources ....................................................................................16
34413441 VII. Use of Confidential Information ................................................................................18
34423442 VIII. Post-Governmental Employment Conflicts of Interest .............................................19
34433443 IX. Political Activities .......................................................................................................21
34443444 X. Official Mail Rules ........................................................................................................23
34453445 XI. Definitions, Financial Disclosures, and Ethics Counseling .........................................29
34463446 XII. Decorum of Councilmembers ....................................................................................30
34473447
34483448 2
34493449 I. CONFLICTS OF INTEREST
34503450 (a) GENERALLY. No employee shall use his or her official position or title, or
34513451 personally and substantially participate, through decision, approval, disapproval,
34523452 recommendation, the rendering of advice, investigation, or otherwise, in a judicial
34533453 or other proceeding, application, request for a ruling or other determination,
34543454 contract, claim, controversy, charge, accusation, arrest, or other particular matter,
34553455 or attempt to influence the outcome of a particular matter, in a manner that the
34563456 employee knows is likely to have a direct and predictable effect on the employee’s
34573457 financial interests or the financial interests of a person closely affiliated with the
34583458 employee.
34593459 (b) WAIVERS. An employee other than a Councilmember may seek a waiver, and the
34603460 prohibition in subsection (a) of this section shall not apply, if the employee:
34613461 (1) Advises the employee’s supervisor and the Ethics Board of the nature and
34623462 circumstances of the particular matter;
34633463 (2) Makes full disclosure of the financial interest; and
34643464 (3) Receives in advance a written determination made by both the supervisor and
34653465 the Ethics Board that:
34663466 (A) The interest is not so substantial as to be deemed likely to affect the
34673467 integrity of the services that the government may expect from such
34683468 employee; or
34693469 (B) Another legally cognizable basis for waiver exists.
34703470 (c)(1) An employee other than a Councilmember who, in the discharge of the employee’s
34713471 official duties, would be required to act in any matter prohibited under subsection
34723472 (a) of this section shall make full disclosure of the financial interest and:
34733473 (A) Prepare a written statement describing the matter and the nature of the
34743474 potential conflict of interest; and
34753475 (B) Deliver the statement to the employee’s supervisor and to the Ethics
34763476 Board.
34773477 (2) Upon receipt of the statement provided in paragraph (1) of this subsection,
34783478 the employee’s supervisor shall assign the matter to another employee who
34793479 does not have a potential conflict of interest.
34803480 3
34813481 (d) RECUSAL STATEMENT.
34823482 (1) A Councilmember who, in the discharge of the Councilmember’s official
34833483 duties, would be required to act in any matter prohibited under subsection (a) of
34843484 this section shall make full disclosure of the financial interest, prepare a written
34853485 statement describing the matter and the nature of the potential conflict of interest,
34863486 and deliver the statement to the Council Chairman.
34873487 (2) During a proceeding in which a Councilmember would be required to take
34883488 action in any matter that is prohibited under subsection (a) of this section, the
34893489 Chairman shall:
34903490 (A) Read the statement provided in paragraph (1) of this subsection into the
34913491 record of proceedings; and
34923492 (B) Excuse the elected official from votes, deliberations, and other actions
34933493 on the matter.
34943494 (3) No Councilmember excused from votes, deliberations, or other actions on a
34953495 matter shall in any way participate in or attempt to influence the outcome of
34963496 the particular matter in a manner that is likely to have a direct and predictable
34973497 effect on the employee’s financial interests or the financial interests of a
34983498 person closely affiliated with the employee.
34993499 (e) SPECIFIC CONFLICT SITUATIONS.
35003500 (1) An employee shall not receive any compensation, salary, or contribution to
35013501 salary, gratuity, or any other thing of value from any source other than the
35023502 District government for the employee’s performance of official duties.
35033503 (2) No employee or member of the employee’s household may knowingly
35043504 acquire:
35053505 (A) Stocks, bonds, commodities, real estate, or other property, whether held
35063506 individually or jointly, the acquisition of which could unduly influence
35073507 or give the appearance of unduly influencing the employee in the
35083508 conduct of his or her official duties and responsibilities; or
35093509 (B) An interest in a business or commercial enterprise that is related
35103510 directly to the employee’s official duties, or which might otherwise be
35113511 involved in an official action taken or recommended by the employee,
35123512 4
35133513 or which is in any way related to matters over which the employee
35143514 could wield any influence, official or otherwise.
35153515 (f) DEFINITIONS. For the purposes of this Rule, the term:
35163516 (1) “Affiliated organization” means an organization or entity:
35173517 (A) In which the employee serves as officer, director, trustee, general
35183518 partner, or employee;
35193519 (B) In which the employee or member of the employee’s household is a
35203520 director, officer, owner, employee, or holder of stock worth $1,000 or
35213521 more at fair market value;
35223522 (C) That is a client of the employee or member of the employee’s
35233523 household; or
35243524 (D) With whom the employee is negotiating for or has an arrangement
35253525 concerning prospective employment.
35263526 (2) “Direct and predictable effect” means there is:
35273527 (A) A close causal link between any decision or action to be taken in the
35283528 matter and any expected effect of the matter on the financial interest;
35293529 and
35303530 (B) A real, as opposed to a speculative possibility, that the matter will
35313531 affect the financial interest.
35323532 (3) “Member of the employee’s household” means a person who resides in the
35333533 same household as the employee and is:
35343534 (A) A spouse or domestic partner of the employee;
35353535 (B) A parent, sibling, or child of the employee or of any person in
35363536 subparagraph (A) of this paragraph; or
35373537 (C) A spouse or domestic partner of any person in subparagraph (B) of this
35383538 paragraph.
35393539 (4) “Particular matter” is limited to deliberation, decision, or action that is
35403540 focused upon the interests of specific persons, or a discrete and identifiable
35413541 class of persons.
35423542 5
35433543 (5) “Person closely affiliated with the employee” means a spouse, dependent
35443544 child, general partner, a member of the employee’s household, or an affiliated
35453545 organization.
35463546 6
35473547 II. OUTSIDE ACTIVITIES
35483548 (a) GENERALLY.
35493549 (1) No employee shall engage in outside employment or private activity that
35503550 conflicts or would appear to conflict with the fair, impartial, and objective
35513551 performance of the employee’s official duties and responsibilities or with the
35523552 efficient operation of the Council.
35533553 (2) Before engaging in outside employment, an employee other than a
35543554 Councilmember shall obtain the approval of his or her supervisor.
35553555 (b) LIMITATIONS ON PERMISSIBLE ACTIVITIES.
35563556 (1) An employee may engage in outside employment or activities such as
35573557 teaching, writing for publication, consultative activities, and speaking
35583558 engagements if the activities are:
35593559 (A) Consistent with subsection (a) of this Rule;
35603560 (B) Not otherwise prohibited by law or regulation; and
35613561 (C) Conducted outside of regular working hours, while the employee is on
35623562 annual leave or leave without pay, or at a minimal level during work
35633563 hours in a manner that does not interfere with the employee’s official
35643564 duties.
35653565 (2) The information used by an employee engaging in outside employment or
35663566 activities shall not draw on official data or ideas that are not public
35673567 information, unless the employee has written authorization from the
35683568 employee’s supervisor to use such information.
35693569 (c) SPECIFIC RESTRICTION ON REPRESENTATION.
35703570 (1) Except as provided in paragraph (2) of this subsection, an employee shall not:
35713571 (A) Represent another person, have a financial interest, or provide
35723572 assistance in prosecuting a claim against the District of Columbia
35733573 before any regulatory agency or court of the District of Columbia; or
35743574 (B) Represent another person before any regulatory agency or court of the
35753575 District of Columbia in a matter in which the District of Columbia is a
35763576 party or has a direct and substantial interest.
35773577 7
35783578 (2) The prohibition in paragraph (1) of this subsection shall not apply to an
35793579 employee, who, if not inconsistent with the faithful performance of the
35803580 employee’s duties, and acting without compensation, represents:
35813581 (A) A person who is the subject of disciplinary or other personnel
35823582 administration proceedings in connection with those proceedings; or
35833583 (B) A nonprofit cooperative, voluntary, professional, recreational, or
35843584 similar organization or group, if a majority of the organization’s or
35853585 group’s members are current officers or employees of the United States
35863586 government or of the District of Columbia government, or their spouses
35873587 or dependent children; provided, that this exception shall not apply to
35883588 any matter that:
35893589 (i) Is a claim under paragraph (1)(A) of this subsection;
35903590 (ii) Is a judicial or administrative proceeding where the
35913591 organization or group is a party; or
35923592 (iii) Involves a grant, contract, or other agreement (including a
35933593 request for any such grant, contract, or agreement) providing for
35943594 the disbursement of federal funds to the organization or group.
35953595 8
35963596 III. GIFTS FROM OUTSIDE SOURCES
35973597 (a) Except as provided in subsection (c) of this Rule and Rule IV, an employee shall
35983598 not solicit or accept, either directly or indirectly, any gift from a prohibited source.
35993599 (b) An employee who receives a gift from a prohibited source shall:
36003600 (1) Return the gift to the donor;
36013601 (2) Reimburse the donor the market value of the gift; or
36023602 (3) If the gift is perishable and it would not be practical to return it to the donor,
36033603 donate the gift to charity, share it with the office staff, or destroy it.
36043604 (c) Notwithstanding subsection (a) of this Rule, an employee may accept the following
36053605 gifts:
36063606 (1) Greeting cards and items with little intrinsic value, such as plaques,
36073607 certificates, and trophies, which are intended solely for presentation;
36083608 (2) Loans from banks and other financial institutions on terms generally
36093609 available to the public;
36103610 (3) Rewards and prizes given to competitors in contests or events, including
36113611 random drawings, open to the public;
36123612 (4) Opportunities and benefits, including favorable rates and commercial
36133613 discounts:
36143614 (A) Available to the public or to a class consisting of all District
36153615 employees;
36163616 (B) Offered to members of a group or class in which membership is
36173617 unrelated to District employment; or
36183618 (C) Offered to members of an organization, such as an employees’
36193619 association or agency credit union, in which membership is related to
36203620 District employment if the same offer is broadly available to large
36213621 segments of the public through organizations of similar size;
36223622 (5) Pension and benefits resulting from continued participation in an employee
36233623 welfare and benefits plan maintained by a former employer;
36243624 (6) Anything that is paid for by the Council or the District or the employee or
36253625 secured by the Council or the District under contract;
36263626 9
36273627 (7)(A) Unsolicited gifts having an aggregate market value of $50 or less per source
36283628 per occasion; provided, that the aggregate market value of individual gifts
36293629 received from any prohibited source under the authority of this paragraph
36303630 shall not exceed $100 in a calendar year;
36313631 (B) When the market value of a gift or the aggregate market value of gifts
36323632 offered on any single occasion under this paragraph exceeds $50, the
36333633 employee may not pay excess value over $50 in order to accept that
36343634 portion of the gift or those gifts worth $50;
36353635 (C) When the aggregate value of tangible items offered on a single
36363636 occasion exceeds $50, the employee may decline any distinct and
36373637 separate item in order to accept those items aggregating $50 or less;
36383638 and
36393639 (D) This paragraph shall not apply to gifts of cash, stock, bonds, or
36403640 certificates of deposit;
36413641 (8) Gifts given to an employee under circumstances that make it clear that the
36423642 gift is motivated by a family relationship or personal friendship rather than
36433643 the position of the employee. Relevant factors in making such a
36443644 determination include the history of the relationship and whether the family
36453645 member or friend personally pays for the gift;
36463646 (9) Reduced membership or other fees for participation in organization activities
36473647 offered to all District employees by professional organizations if the only
36483648 restrictions on membership relate to professional qualifications; or
36493649 (10) Gifts approved in advance by the employee’s supervising Councilmember in
36503650 exceptional circumstances that are disclosed on Sterling and posted on the
36513651 Council’s website.
36523652 (d) A gift that is solicited or accepted indirectly includes a gift given:
36533653 (1) With the employee’s knowledge and acquiescence to his parent, sibling,
36543654 spouse, domestic partner, child, or dependent relative because of that
36553655 person’s relationship to the employee; or
36563656 (2) To any other person, including any charitable organization, on the basis of
36573657 designation, recommendation, or other specification by the employee, except
36583658 10
36593659 as permitted for the disposition of perishable items under subsection (b)(3) of
36603660 this Rule.
36613661 (e) SPECIFIC GIFT RESTRICTIONS. Except as provided in Rule IV, no employee shall:
36623662 (1) Solicit or accept anything of value from a registered lobbyist that is given for
36633663 the purpose of influencing the actions of the employee in making or
36643664 influencing the making of an administrative decision or legislative action or
36653665 (2) Directly or indirectly demand, seek, receive, accept, or agree to receive or
36663666 accept anything of value personally or for any other person or entity, in return
36673667 for:
36683668 (A) Any official act performed or to be performed by the employee;
36693669 (B) Being influenced in the performance of any official act;
36703670 (C) Being influenced to commit or aid in committing, or to collude in,
36713671 or allow, any fraud, or make opportunity for the commission of any
36723672 fraud, on the District of Columbia; or
36733673 (D) Being induced to do or omit to do any act in violation of the
36743674 employee’s official duty.
36753675 (f) GOVERNMENT RESOURCES AVAILABLE TO THE PUBLIC. Employees are not
36763676 prohibited from accepting any material, article, or service that is available as part of any
36773677 District government program or provided free to District residents or visitors.
36783678 (g) DEFINITIONS. For the purposes of this Rule, the term:
36793679 (1) “Gift” means any gratuity, favor, discount, entertainment, hospitality, loan,
36803680 forbearance, or other item having monetary value. Gifts may also consist of
36813681 training, transportation, local travel, lodgings and meals, whether provided
36823682 in-kind, by purchase of a ticket, payment in advance, or reimbursement after
36833683 the expense has incurred.
36843684 (2) “Prohibited source” means any person or entity that:
36853685 (A) Has or is seeking to obtain contractual or other business or financial
36863686 relations with the District government;
36873687 (B) Conducts operations or activities that are subject to regulation by the
36883688 District government; or
36893689 11
36903690 (C) Has an interest that may be favorably affected by the performance or
36913691 non-performance of the employee’s official responsibilities.
36923692 12
36933693 IV. CONFERENCES, TRAVEL, AND RECEPTIONS AND
36943694 DONATIONS TO THE COUNCIL
36953695 (a) CONFERENCES AND TRAVEL.
36963696 (1) Employees may accept reasonable expenses for food, travel, lodging, and
36973697 scheduled entertainment to attend a meeting, conference, or to participate in
36983698 educational travel, if:
36993699 (A) The donor is neither a registered lobbyist nor a prohibited source;
37003700 (B) The meeting or conference is an organized event;
37013701 (C) The topics or subjects are related to official Council business;
37023702 (D) The event is widely attended by a range of attendees other than District
37033703 employees; and
37043704 (E) Other attendees are treated similarly in terms of the food, travel,
37053705 lodging, and entertainment expenses that they are offered.
37063706 (2) Spouses and domestic partners of employees may share lodging with the
37073707 employee who is attending an event under this subsection; however, the
37083708 spouse or domestic partner may not accept food, travel, or entertainment
37093709 expenses unless the spouse or domestic partner pays market value for the
37103710 same.
37113711 (3) Employees are encouraged to submit a copy of the itinerary of the meeting,
37123712 conference, or educational travel in advance to the General Counsel for
37133713 review.
37143714 (b) WIDELY ATTENDED EVENTS.
37153715 (1) An employee may accept:
37163716 (A) An offer of free attendance at a convention, conference, symposium,
37173717 forum, panel discussion, dinner, gala, viewing, reception, or similar
37183718 event; provided, that:
37193719
37203720 (i) At least 25 persons from outside the District government are
37213721 expected to be in attendance;
37223722 13
37233723 (ii) Attendance at the event is open to members from throughout a
37243724 given industry or profession, or to a range of persons interested in
37253725 an issue; and
37263726 (iii) Attendance is connected to the attendee’s official Council duties.
37273727 (B) Free attendance for one accompanying individual to the event described
37283728 in subparagraph (A) of this paragraph; and
37293729 (C) A meal that is offered to all attendees as part of the event described in
37303730 subparagraph (A) of this paragraph.
37313731 (2) For the purposes of this subsection, the term "connected to the attendee's
37323732 official Council duties" includes participation in the event as a speaker or a
37333733 panel participant, presenting information related to the Council or matters
37343734 before the Council, performing a ceremonial function appropriate to the
37353735 official position of such individual, or attending when otherwise appropriate
37363736 to the representative function of the Council.
37373737 (c) GIFT BAGS. An employee may not accept a gift bag for an event under subsection
37383738 (a) or (b) of this Rule if the organizing event sponsor is a prohibited source, unless
37393739 the contents of the bag meet the requirements under Rule III.
37403740 (d) DONATIONS TO THE COUNCIL.
37413741 (1) An employee may solicit or accept, pursuant to D.C. Official Code § 1-
37423742 329.01(a), a thing of a value as a donation made to the Council to carry out
37433743 authorized functions or duties of the Council. Donations are considered
37443744 Council property and may not be used for unauthorized purposes.
37453745 (2)(A) Recognition of Donors. Donors may be recognized for their donations
37463746 through letters of acceptance and appreciation, press releases, certificates,
37473747 and other items that commemorate the donation.
37483748 (B) Recognition of corporate donations must not give the impression of
37493749 advertising or commercialization. A short, discreet unobtrusive donor
37503750 credit line may be used as recognition, but no product names or logos
37513751 may be used.
37523752 (e) DISCLOSURE.
37533753 (1) An employee accepting a thing of value under this rule shall disclose the
37543754 acceptance in accordance with paragraph (2) of this subsection.
37553755 14
37563756 (2)(A) An employee accepting a thing of value under this rule shall, by the last
37573757 business day of the month, disclose on Sterling a list of the following for each
37583758 event and thing of value:
37593759 (i) Donor;
37603760 (ii) Date; and
37613761 (iii) Estimated value.
37623762 (B) Disclosures filed pursuant to this subsection shall be published on the
37633763 Council's website on the first Friday in the first full week of each
37643764 month or, if the Friday is a holiday, the next business day.
37653765 (C) Councilmembers who do not attend a qualifying event or accept a
37663766 donation during the reporting period shall file a report indicating that
37673767 nothing of value was accepted during the period.
37683768 (3) For the purposes of this subsection, the term "thing of value" shall not
37693769 include an offer of free attendance to an event if the employee does not attend
37703770 the event.
37713771 15
37723772 V. GIFTS BETWEEN EMPLOYEES
37733773 (a) Except as provided in subsections (c) and (d) of this Rule, an employee may not:
37743774 (1) Directly or indirectly, give a gift to or make a donation toward a gift for an
37753775 official superior; or
37763776 (2) Solicit a contribution from another employee for a gift to either the
37773777 employee’s official superior or the other employee’s official superior.
37783778 (b) An employee may not accept a gift, directly or indirectly, from an employee
37793779 receiving less pay unless:
37803780 (1) The 2 employees are not in a subordinate-official superior relationship; and
37813781 (2) There is a personal relationship between the 2 employees that would justify
37823782 the gift.
37833783 (c) On an occasional basis, including any occasion on which gifts are traditionally
37843784 given or exchanged, the following may be given to an official superior or accepted
37853785 from a subordinate or other employee receiving less pay:
37863786 (1) Items, other than cash, with an aggregate market value of $50 or less per
37873787 occasion;
37883788 (2) Items such as food and refreshments to be shared in the office among several
37893789 employees;
37903790 (3) Personal hospitality provided at a residence that is of a type and value
37913791 customarily provided by the employee to personal friends; or
37923792 (4) Items given in connection with the receipt of personal hospitality if of a type
37933793 and value customarily given on such occasions.
37943794 (d) A gift appropriate to the occasion may be given to an official superior or accepted
37953795 from a subordinate or other employee receiving less pay:
37963796 (1) In recognition of special occasions of personal significance such as marriage,
37973797 illness, or the birth or adoption of a child; or
37983798 (2) Upon occasions that terminate a subordinate-official superior relationship,
37993799 such as retirement, resignation, or transfer.
38003800 16
38013801 VI. USE OF GOVERNMENT RESOURCES
38023802 (a) GENERALLY. Employees shall not:
38033803 (1) Use Council time or government resources for purposes other than official
38043804 business or other government-approved or government-sponsored activities,
38053805 with the exception of de minimis use that does not interfere with an
38063806 employee’s official duties and responsibilities, including the incidental use of
38073807 Council time or resources for purposes of scheduling;
38083808 (2) Order, direct, or request an employee to perform, during regular working
38093809 hours, any personal services not related to official Council functions and
38103810 activities, with the exception of incidental use of Council time or resources
38113811 for purposes of scheduling; or
38123812 (3) Use or permit the use of government resources to support or oppose any
38133813 candidate for elected office, to promote a political committee, or to support or
38143814 oppose any initiative, referendum, or recall measure.
38153815 (b) PRESTIGE OF OFFICE.
38163816 (1) An employee may not knowingly use the prestige of office or public position
38173817 for that employee’s private gain or that of another.
38183818 (2) The performance of usual and customary constituent services, without
38193819 additional compensation, is not prohibited under paragraph (1) of this
38203820 subsection.
38213821 (3) Council employees shall not use or permit the use of their position or title or
38223822 any authority associated with their public office in a manner that could
38233823 reasonably be construed to imply that the Council sanctions or endorses the
38243824 personal or business activities of another, unless the Council has officially
38253825 sanctioned or endorsed the activities.
38263826 (4) A Councilmember may serve as an honorary chair or honorary member, or
38273827 speak or appear at of a nonprofit entity’s fundraising event, so long as the
38283828 entity for which funds are raised supports a nongovernmental bona fide
38293829 charitable activity. Use of the Councilmember’s name or title in fundraising
38303830 solicitations or announcements of general circulation shall be in accordance
38313831 with such terms and limitations as the Councilmember may prescribe. The
38323832 authority granted by this paragraph shall not extend to the use of the
38333833 17
38343834 Councilmember’s name or title in solicitations made by or on behalf of the
38353835 Councilmember directly to individual contributors.
38363836 (c) SPECIAL RULES FOR LETTERS OF RECOMMENDATION.
38373837 (1) Employees may sign a letter of recommendation using their official titles only
38383838 in response to a request for an employment recommendation or character
38393839 reference based upon personal knowledge of the ability or character of an
38403840 individual or entity with whom they have dealt in the course of their Council
38413841 employment.
38423842 (2) Letters of recommendation may be written on Council letterhead if the
38433843 applicant is a current or former Council employee or has worked with the
38443844 Council in an official capacity and the letter relates to the duties performed
38453845 by the applicant.
38463846 (3) If an employee does not have personal knowledge of an individual or entity’s
38473847 work ability or performance, the employee may sign a letter of
38483848 recommendation on Council letterhead addressing only the character or
38493849 residence of the individual or entity requesting the letter.
38503850 (d) DEFINITIONS. For the purposes of this Rule, the term:
38513851 (1) “Government Resources” means any property, equipment, or material of any
38523852 kind, including that acquired through lease, and the personal services of an
38533853 employee during his or her hours of work.
38543854 (2) “Usual and customary constituent services” includes an employee’s
38553855 representational activities, such as advocacy, communications, inquiry,
38563856 oversight, and other actions, made on another person’s behalf; provided, that
38573857 the employee does not, directly or indirectly:
38583858 (A) Threaten reprisal or promise favoritism for the performance or
38593859 nonperformance of another person’s duties; or
38603860 (B) Request that another person abuse or exceed the discretion available to
38613861 that person under law.
38623862 18
38633863 VII. USE OF CONFIDENTIAL INFORMATION
38643864 Employees and former employees may not:
38653865 (1) Willfully or knowingly disclose or use confidential or privileged information
38663866 acquired by reason of their position without authorization or unless authorized or
38673867 required by law to do so; or
38683868 (2) Divulge information in advance of the time prescribed for its authorized issuance or
38693869 otherwise make use of or permit others to make use of information not available to
38703870 the general public.
38713871 19
38723872 VIII. POST-GOVERNMENTAL EMPLOYMENT CONFLICTS
38733873 OF INTEREST
38743874 (a) PERMANENT RESTRICTIONS ON REPRESENTATION ON PARTICULAR MATTERS . No
38753875 employee, after the termination of his or her service or employment with the
38763876 Council, shall knowingly make, with the intent to influence, any communication to
38773877 or appearance before any officer or employee of any department, agency, court, or
38783878 court-martial of the District of Columbia, on behalf of any other person (except the
38793879 District of Columbia) in connection with a particular matter:
38803880 (1) In which the District of Columbia is a party or has a direct and substantial
38813881 interest;
38823882 (2) In which the person participated personally and substantially as such officer
38833883 or employee; and
38843884 (3) Which involved a specific party or specific parties at the time of such
38853885 participation.
38863886 (b) TWO-YEAR RESTRICTIONS CONCERNING PARTICULAR MATTERS UNDER OFFICIAL
38873887 RESPONSIBILITY. No employee shall, within 2 years after the termination of his or
38883888 her service or employment with the Council, knowingly make, with the intent to
38893889 influence, any communication to or appearance before any officer or employee of
38903890 any department, agency, court, or court-martial of the Council, on behalf of any
38913891 other person (except the District of Columbia), in connection with a particular
38923892 matter:
38933893 (1) In which the District of Columbia is a party or has a direct and substantial
38943894 interest;
38953895 (2) Which the person knows or reasonably should know was actually pending
38963896 under his or her official responsibility as such officer or employee within a
38973897 period of one year before the termination of his or her service or employment
38983898 with the Council; and
38993899 (3) Which involved a specific party or specific parties at the time it was pending.
39003900
39013901 (c) SPECIAL RULES FOR FORMER COUNCIL EMPLOYEES. A former Council employee
39023902 shall not, within one year after leaving government service or employment,
39033903 knowingly make, with the intent to influence, any communication to or appearance
39043904 20
39053905 before the Councilmember for whom the employee worked or any former
39063906 subordinate employee, on behalf of any other person, other than the District of
39073907 Columbia, in connection with any matter on which the former employee seeks
39083908 action by a Councilmember or Council employee in his or her official capacity.
39093909 (d)(1) EXCEPTIONS. The prohibitions contained in this Rule shall not apply to acts done in
39103910 carrying out official duties on behalf of:
39113911 (A) The United States or the District of Columbia, as an elected official of a
39123912 state or local government;
39133913 (B) An agency or instrumentality of a state or local government if the
39143914 appearance, communication, or representation is on behalf of such
39153915 government; or
39163916 (C) An accredited, degree-granting institution of higher education, as
39173917 defined in the Higher Education Act of 1965, approved November 8,
39183918 1965 (79 Stat. 1219; 20 U.S.C. § 1001), or a hospital or medical
39193919 research organization, exempted and defined under section 501(c)(3) of
39203920 the Internal Revenue Code of 1986, if the appearance, communication,
39213921 or representation is on behalf of such institution, hospital, or
39223922 organization.
39233923 (2) Nothing in this Rule shall prevent an individual from giving testimony under
39243924 oath, or from making statements required to be made under penalty of
39253925 perjury. Notwithstanding the preceding sentence, a former employee of the
39263926 Council who is subject to the restrictions in subsection (a) of this Rule with
39273927 respect to a particular matter may not, except pursuant to court order, serve as
39283928 an expert witness for any other person, other than the District of Columbia, in
39293929 that matter.
39303930 21
39313931 IX. POLITICAL ACTIVITIES
39323932 (a) PROHIBITIONS. No Council employee shall:
39333933 (1) Use his or her official authority or influence for the purpose of interfering
39343934 with or affecting the result of an election or a nomination for office;
39353935 (2) Directly or indirectly solicit, accept, or receive a political contribution from
39363936 any person, except if the employee has filed as a candidate for political
39373937 office;
39383938 (3) Run for nomination or as a candidate for election to a partisan political office;
39393939 (4) Knowingly solicit or discourage the participation in any political activity of
39403940 any person who:
39413941 (A) Has a measure pending before the Council; or
39423942 (B) Is the subject of or a participant in an ongoing audit, investigation, or
39433943 enforcement action being carried out by the Council; or
39443944 (5) Knowingly direct, or authorize anyone else to direct, that any subordinate
39453945 employee participate in an election campaign or request a subordinate to
39463946 make a political contribution.
39473947 (b) No Council employee shall:
39483948 (1) Engage in political activity:
39493949 (A) While the employee is on duty;
39503950 (B) In any room or building occupied in the discharge of official duties by
39513951 an individual employed or holding office in the District government or
39523952 in the Government of the United States or any agency or
39533953 instrumentality thereof;
39543954 (C) While wearing a uniform or official insignia identifying the office or
39553955 position of the employee; or
39563956 (D) Using any vehicle owned or leased by the District government or the
39573957 Government of the United States or any agency or instrumentality
39583958 thereof; or
39593959 (2) Coerce, explicitly or implicitly, any subordinate employee to engage in
39603960 political activity.
39613961 22
39623962 (c) DESIGNATED EMPLOYEES. Each member of the Council may designate one
39633963 employee while on annual or unpaid leave to perform any of the functions
39643964 described in subsection (a)(2) of this Rule; provided, that:
39653965 (1) The employee shall not perform the functions in the circumstances
39663966 described in subsection (b) of this Rule;
39673967 (2) The employee may only perform the functions for a principal campaign
39683968 committee, exploratory committee, or transition committee;
39693969 (3) Any designation pursuant to this subsection shall be made in writing by the
39703970 member of the Council to the Secretary to the Council; and
39713971 (4) Any designated employee shall file a report, in a form as prescribed by the
39723972 Ethics Board, with the Ethics Board within 15 days after being designated.
39733973 (d) DEFINITIONS. For the purposes of this Rule, the term:
39743974 (1) “Employee” shall not include members of the Council.
39753975 (2) “Political activity” means an activity that is regulated by the District directed
39763976 toward the success or failure of a political party, candidate for partisan
39773977 political office, partisan political group initiative, referendum, or recall. For
39783978 the purposes of subsection (b) of this Rule, political activity is not limited to
39793979 activities regulated by the District.
39803980 (e) CONSTRUCTION. Nothing in this rule should be construed as prohibiting a Council
39813981 employee from taking an active part in political management or in political
39823982 campaigns unless the employee’s activity violates subsection (a) or subsection (b)
39833983 of this Rule.
39843984 23
39853985 X. OFFICIAL MAIL RULES
39863986 (a) DEFINITIONS. For the purposes of this rule, the term:
39873987 (1) “Electronic newsletter” means more than 500 substantially identical
39883988 newsletters or similar types of materials, transmitted through the internet at
39893989 public expense, during any 30-day period related to a Councilmember’s
39903990 activities, including such matters as the impact of laws and decisions on the
39913991 government and its citizens, reports on public and official action taken by a
39923992 Councilmember, and discussions of proposed or pending legislation or
39933993 governmental action.
39943994 (2) “Mass mailing” means more than 100 substantially identical newsletters or
39953995 similar types of material, transmitted through the mails, during any 30-day
39963996 period, but shall not include a response to a communication initiated by a
39973997 constituent.
39983998 (3) “Newsletter” means the usual and customary correspondence that deals with
39993999 such matters as the impact of laws and decisions on the government and its
40004000 citizens, reports on public and official action taken by a Councilmember, and
40014001 discussions of proposed or pending legislation or governmental action. The
40024002 term “newsletter” includes a news release.
40034003 (4) “Official mail” means correspondence, including newsletters or similar types
40044004 of materials, suitable to be mailed at public expense that pertains directly or
40054005 indirectly to the legislative process or to a Council legislative function,
40064006 including any matter related to a past or current Council, the performance of
40074007 official duties by a Councilmember in connection with a Council function, or
40084008 other related matters of public concern or public service.
40094009 (b) PERMITTED CATEGORIES OF OFFICIAL MAIL. Except as otherwise provided in this
40104010 Rule, an employee may not mail, as official mail, any matter, article, material, or
40114011 document for any reason other than the following:
40124012 (1) A request for a matter, article, material, or document that has been previously
40134013 received by the Council;
40144014 (2) The mailing of the document is required by law;
40154015 (3) The material or matter requests information pertinent to the conduct of the
40164016 official business of the Council;
40174017 24
40184018 (4) The material contains information relating to the activities of the Council or
40194019 to the availability of Council publications or other documents;
40204020 (5) The enclosures are forms, blanks, cards, or other documents necessary or
40214021 beneficial to the administration of the Council;
40224022 (6) The materials are copies of federal, state, or local laws, rules, regulations,
40234023 orders, instructions, or interpretations thereof; or
40244024 (7) The materials are being mailed to federal, state, or other public authorities.
40254025 (c) OFFICIALLY MARKED ENVELOPES . An envelope or other material that is used to
40264026 enclose official mail shall bear on its face the name and address of the Council and
40274027 the words “official business.” Envelopes and other materials shall not be used to
40284028 enclose materials, documents, or other articles except those enumerated in
40294029 subsections (b) and (e) of this Rule or other materials not prohibited by subsection
40304030 (d) of this Rule.
40314031 (d) PROHIBITED USES OF OFFICIAL MAIL BY ELECTED OFFICIALS.
40324032 (1) A Councilmember may not mail, as official mail, a mass mailing within the
40334033 90-day period that immediately precedes a primary, special, or general
40344034 election in which the Councilmember is a candidate for office.
40354035 (2) A Councilmember may mail, as official mail, newsletters; provided, that
40364036 these materials do not contain any of the following:
40374037 (A) Autobiographical articles;
40384038 (B) Political cartoons;
40394039 (C) Reference to past or future campaigns;
40404040 (D) Announcements of filings for reelection;
40414041 (E) Announcements of campaign schedules;
40424042 (F) Announcements of political or partisan meetings;
40434043 (G) Reports on family life;
40444044 (H) Personal references that are included for publicity, advertising, or
40454045 political purposes;
40464046 (I) Pictures of the official members with any partisan label such as
40474047 "Democrat," "Republican," "Statehood Party," or any other label that
40484048 25
40494049 purports to advertise the member rather than to illustrate the
40504050 accompanying text;
40514051 (J) Articles about community events that are unrelated to official
40524052 government business; or
40534053 (K) Reports on non-official activities of the Councilmember that have the
40544054 effect of lending the franking privilege to others, no matter how
40554055 worthwhile or charitable the endeavors of those to whom the franking
40564056 privilege would be loaned.
40574057 (3) A Councilmember may not use official mail to solicit directly or indirectly
40584058 funds for any purpose.
40594059 (4) A Councilmember may not use official mail for transmission of matter that is
40604060 purely personal to the sender and is unrelated to the official duties, activities,
40614061 and business of the member.
40624062 (5) A Councilmember may not mail, as official mail, cards or other materials that
40634063 express holiday greetings from the Councilmember or the Councilmember’s
40644064 family.
40654065 (e) AUTHORIZED USES OF OFFICIAL MAIL. The provisions of subsection (d) of this Rule
40664066 do not prohibit a Councilmember or the Councilmember’s staff from mailing, as
40674067 official mail, any of the following:
40684068 (1) The whole or part of a record, speech, debate, or report of the Council or a
40694069 committee of the Council;
40704070 (2) The tabulation of a Councilmember’s vote or explanation of the vote;
40714071 (3) An expression of condolences to a person who has suffered a loss or
40724072 congratulations to a person who has achieved some personal or public
40734073 distinction; provided, that mass mailings of a congratulatory nature that are
40744074 substantially the same except for individualized addresses are not authorized;
40754075 (4) Information concerning the Councilmember’s schedule of meeting
40764076 constituents;
40774077 (5) Information concerning the meeting schedule and agenda for committees and
40784078 subcommittees upon which the Councilmember serves;
40794079 (6) Information concerning financial disclosure information, whether or not
40804080 required by law;
40814081 26
40824082 (7) Matter that consists of federal, state, or local laws, regulations, or
40834083 publications paid for by public funds;
40844084 (8) Questionnaires that relate to matters on public policy or administration; or
40854085 (9) Matter that contains a picture of the member or biographical or
40864086 autobiographical data whenever the matter is mailed in response to a specific
40874087 request.
40884088 (f) USE OF ELECTRONIC NEWSLETTERS.
40894089 (1) A Councilmember or Council employee shall not transmit an electronic
40904090 newsletter within the 90-day period immediately before a primary, special, or
40914091 general election in which the Councilmember is a candidate for office, unless
40924092 the electronic newsletter conforms with the following requirements:
40934093 (A) The recipients have individually subscribed to receive the electronic
40944094 newsletter;
40954095 (B) The electronic newsletter contains a clear and conspicuous notice of the
40964096 method by which a recipient can request not to receive future electronic
40974097 newsletters; and
40984098 (C) The proposed newsletter has been submitted for review by the General
40994099 Counsel or the Office of Campaign Finance.
41004100 (2) An electronic newsletter shall comply with the requirements of subsection
41014101 (d)(2) of this Rule.
41024102
41034103
41044104 (3) An electronic newsletter shall not be transmitted at public expense unless,
41054105 when viewed as a whole, it:
41064106 (A) Is informational rather than self-promotional; and
41074107 (B) Is directly related to a Councilmember’s official legislative or
41084108 representative duties.
41094109 (g) PHOTOGRAPHS AND SKETCHES CONTAINED IN NEWSLETTERS. Each photograph or
41104110 sketch contained in a newsletter or report on constituent service activities shall
41114111 relate to the official legislative duties of the Councilmember and shall not, because
41124112 of excessive use and size, have the effect of advertising or publicizing the
41134113 27
41144114 Councilmember. In addition, to be mailed at public expense as official mail, a
41154115 newsletter or report on constituent service activities may not contain any of the
41164116 following:
41174117 (1) More than one photograph or likeness of the Councilmember appearing
41184118 alone;
41194119 (2) A photographic likeness of the Councilmember appearing alone that covers
41204120 more than 6% of a single page or that exceeds 6 square inches on 8 ½″ x 11″
41214121 paper;
41224122 (3) More than 2 photographs per page that include the Councilmember with other
41234123 persons;
41244124 (4) Two photographs on a single page that include the Councilmember and
41254125 exceed 20% of the page;
41264126 (5) A photograph of a Councilmember with a label such as “Democrat,”
41274127 “Republican,” “Statehood Party,” or any other label that purports to advertise
41284128 the Councilmember rather than to illustrate the accompanying text; or
41294129 (6) A photograph that does not relate to, illustrate, or explain the accompanying
41304130 text.
41314131
41324132 (h) SIZE AND PRINT TYPES FOR NAMES.
41334133 (1) A Councilmember’s name in the masthead of a newsletter shall not appear in
41344134 print type larger than ½″ in height.
41354135 (2) A Councilmember’s name in the text of a newsletter shall not appear in type
41364136 style or size larger than the other matter, nor in print size larger than 1/4″ in
41374137 height.
41384138 (i) USE OF OFFICIAL MAIL BY OFFICIALS-ELECT. In addition to Councilmembers, the
41394139 Chairman elect and members elect of the Council may mail materials as official
41404140 mail.
41414141 (j) GENERAL COUNSEL REVIEW. The General Counsel shall be available to
41424142 Councilmembers and their staff to review materials intended to be mailed as
41434143 official mail to ensure that the materials comply with the laws and rules governing
41444144 official mail. Upon written request of a Councilmember, the General Counsel shall
41454145 provide a written opinion concerning whether the materials, submitted by the
41464146 28
41474147 Councilmember and intended to be mailed as official mail, comply with the laws
41484148 and rules governing official mail.
41494149 29
41504150 XI. DEFINITIONS , FINANCIAL DISCLOSURE S, AND
41514151 ETHICS COUNSELING
41524152 (a) DEFINITIONS. For the purposes of the Code of Official Conduct, the term:
41534153 (1) “Employee” shall include all Council staff and Councilmembers, unless
41544154 specifically stated otherwise.
41554155 (2) “General Counsel” means the General Counsel to the Council of the District
41564156 of Columbia, or a designated employee within the Office of the General
41574157 Counsel to the Council of the District of Columbia.
41584158 (b) FINANCIAL DISCLOSURE. An employee who is covered under section 224 or 225 of
41594159 the Board of Ethics and Government Accountability Establishment and
41604160 Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012
41614161 (D.C. Law 19-124; D.C. Official Code § 1-1162.24 or § 1-1162.25) (“Government
41624162 Ethics Act”), shall file the required disclosures in accordance with the Government
41634163 Ethics Act.
41644164 (c) ETHICS COUNSELING AND SAFE HARBOR.
41654165 (1) The General Counsel shall provide at the request of an employee confidential
41664166 advice about compliance with the Code of Official Conduct and any other
41674167 applicable laws and regulations.
41684168 (2)(A) An employee who, after providing full disclosure of all relevant facts,
41694169 obtains advice from the General Counsel and acts in accordance with that
41704170 advice, even if that action is later found to constitute a violation of this Code
41714171 of Official Conduct, shall not, subject to subparagraph (B) of this paragraph,
41724172 be found to have violated the provisions of the Code of Official Conduct.
41734173 (B) If the employee knows or has reason to know that the General
41744174 Counsel’s advice was based upon fraudulent, misleading, or otherwise
41754175 incorrect information provided by the employee, subparagraph (A) of
41764176 this paragraph shall not apply.
41774177 (C) An employee is responsible for providing and maintaining
41784178 appropriate documentation of the underlying facts.
41794179 30
41804180 XII. DECORUM OF COUNCILMEMBERS
41814181 (a) GENERALLY. During any meeting of the Council that is open to the public, as
41824182 defined by section 405 of the Open Meetings Act, effective March 31, 2011 (D.C.
41834183 Law 18-350; D.C. Official Code § 2-575), a Councilmember shall treat other
41844184 Councilmembers with dignity and respect and refrain from using profane, indecent,
41854185 or abusive language directed at another Councilmember or the Council as an
41864186 institution.
41874187 (b) REMOVAL OF COUNCILMEMBERS.
41884188 (1) The Chairman shall maintain order during any meeting of the Council. The
41894189 Chairman may order the removal of a Councilmember from a meeting if:
41904190 (A) The Chairman determines that:
41914191 (i) The Councilmember has violated subsection (a) of this Rule; and
41924192 (ii) Removal of the Councilmember is necessary to maintain order;
41934193 and
41944194 (B) The Chairman has warned the Councilmember to come to order.
41954195 (2) This subsection shall not be construed to apply to any regular, additional, or
41964196 special meeting of the Council or Committee of the Whole held pursuant to
41974197 Rules 231, 301, 302, or 303 of the Rules of Organization and Procedure for
41984198 the Council of the District of Columbia.
41994199 (3) This subsection shall not be construed to otherwise limit the ability of the
42004200 Council to enforce this Rule.
42014201 (c) CONSTRUCTION.
42024202 (1) The conduct prohibited by subsection (a) of this Rule shall not be considered
42034203 a violation of the Code of Official Conduct for purposes of discipline if a
42044204 Councilmember promptly comes to order upon warning by the Chairman.
42054205 (2) This Rule shall not be construed to prohibit the exercise of a
42064206 Councilmember’s First Amendment rights.
42074207
42084208
42094209
42104210 -1-
42114211
42124212 SEXUAL HARASSMENT POLICY
42134213 Policy Statement
42144214 It is the policy of the Council of the District of Columbia (“Council”) to provide a work
42154215 environment free from sexual harassment. Sexual harassment of any employee has a debilitating
42164216 impact on employee morale and productivity and violates the law. This policy also prohibits
42174217 retaliation against employees who report sexual harassment or participate in a sexual harassment
42184218 complaint. If the Council receives an allegation of sexual harassment, or has reason to believe
42194219 sexual harassment is occurring, it will take necessary steps to ensure that any harassing conduct
42204220 immediately ceases and that the matter is promptly addressed. The Council is committed to
42214221 taking remedial action when it learns of possible sexual harassment, even if the purported target
42224222 of the harassment does not wish to file a complaint.
42234223 This policy serves as the Council’s official policy and supersedes any other existing policy.
42244224 Personnel authorities within the Council may individually adopt a sexual harassment policy, but
42254225 to the extent there is a conflict with other policies, this policy shall prevail.
42264226
42274227 I. SCOPE
42284228 This policy governs the conduct of the Council's employees, Councilmembers, and third parties
42294229 doing business with or carrying out the goals and objectives of the Council, e.g., vendors,
42304230 employees of D.C. agencies, and other persons visiting or working at the Council's worksite.
42314231
42324232 All Council employees and Councilmembers are required to comply with this policy. Employees
42334233 and Councilmembers are also expected to behave professionally and to exercise good judgment
42344234 in work-related relationships, whether with fellow employees, business colleagues, or members
42354235 of the public with whom they come into contact in the course of official duties. Further, all
42364236 employees and Councilmembers are expected to take appropriate measures to prevent sexual
42374237 harassment. Additionally, all employees and Councilmembers are encouraged to report incidents
42384238 of perceived sexual harassment so that any target of alleged sexual harassment may gain access
42394239 to available support. All Council employees and Councilmembers must take steps to stop
42404240 unwelcome behavior of a sexual nature before it becomes severe or pervasive and rises to a
42414241 violation of law.
42424242
42434243
42444244
42454245
42464246 -2-
42474247
42484248 II. DEFINITIONS.
42494249 Complainant
42504250 A Council employee who files a complaint under this policy. A complainant may be the target of
42514251 sexual harassment or a witness to sexual harassment.
42524252 Officer
42534253 For the purposes of this policy, the term “Officer” means the Secretary, Budget Director,
42544254 General Counsel, and Chief Technology Officer of the Council.
42554255 Sexual Harassment
42564256 (a) Quid Pro Quo Sexual Harassment.
42574257 Quid pro quo sexual harassment is unwelcome sexual advances, requests for sexual favors, and
42584258 other verbal or physical conduct of a sexual nature when any one of the following criteria is
42594259 present:
42604260 (1) Submission to such conduct is made either explicitly or implicitly a term or condition
42614261 of an individual's employment; or
42624262 (2) Submission to or rejection of such conduct by an individual is used as a basis for
42634263 employment decisions affecting the individual.
42644264 (b) Hostile Work Environment Sexual Harassment.
42654265
42664266 (1) Sexual harassment creates a hostile work environment when the conduct is
42674267 unwelcome in nature and has the purpose or effect of unreasonably interfering with an
42684268 individual's work performance or creating an intimidating, hostile, or offensive work
42694269 environment.
42704270 (2) The following, although not an exhaustive list, are examples of conduct that may
42714271 create a hostile work environment in violation of this policy, including during work-
42724272 related travel, events, and social gatherings:
42734273 (A) Sex acts;
42744274 (B) Display of sexual organs;
42754275 (C) Giving a preference to a third party who is engaged in a sexual or romantic
42764276 relationship, to the disadvantage of an employee who is not engaged in a sexual
42774277 relationship with a supervisor, hiring official, or person exercising authority over
42784278 the disadvantaged party (described legally as a “paramour preference”);
42794279
42804280
42814281
42824282 -3-
42834283
42844284 (D) Using sexually oriented or sexually degrading language describing an
42854285 individual or his/her body, clothing, hair, accessories or sexual experiences;
42864286 (E) Sexually offensive comments or off-color language, jokes, or innuendo that a
42874287 reasonable person would consider to be of a sexual nature, or belittling or
42884288 demeaning to an individual or a group's sexual orientation or gender identity;
42894289 (F) “Sexting” or seeking or sending pictures of intimate body parts, or taking or
42904290 displaying pictures of body parts meant to be covered up (such as “upskirting”
42914291 pictures), including by sending messages of a suggestive nature on self-
42924292 destructing messaging apps where evidence of the written word or images is
42934293 difficult to document;
42944294 (G) The display or dissemination of sexually suggestive objects, books,
42954295 magazines, photographs, music, cartoons, or computer internet sites or references;
42964296 (H) Unnecessary and inappropriate touching or physical contact, such as brushing
42974297 against a colleague's body, touching or brushing a colleague's hair or clothing,
42984298 massaging, groping, patting, pinching, or hugging, that a reasonable person would
42994299 consider to be of a sexual nature;
43004300 (I) Lascivious leering or sexually suggestive gestures or sounds, i.e. whistling or
43014301 kissing noises;
43024302 (J) Sexual comments, conduct, displays, and suggestions in the workplace
43034303 between two willing parties that would cause a reasonable third party to be
43044304 offended;
43054305 (K) Making inquiries about someone’s private sex life or describing one’s own
43064306 sex life;
43074307 (L) Any unwanted repeated contact, including but not limited to in-person or
43084308 telephonic, for romantic or sexual purposes;
43094309 (M) Sexual assault, stalking, trapping someone such that they are not free to leave
43104310 and a sexual encounter is expected or threatened, threats of bodily harm relating
43114311 to sex or the refusal to have sex, or crimes related to egregious acts of sexual
43124312 harassment.
43134313 (c) Anyone, regardless of sex, gender, or sexual orientation may be the target or perpetrator of
43144314 sexual harassment.
43154315
43164316
43174317
43184318 -4-
43194319
43204320 (d) Sexual harassment is not limited to inappropriate exercise of authority by persons in power
43214321 over an employee. It can occur by an employee toward a co-worker, by an employee toward a
43224322 supervisor, or by a non-employee toward an employee.
43234323 Sexual Harassment Officer
43244324 A Sexual Harassment Officer (“SHO”) is one of two individuals designated by the Secretary of
43254325 the Council and specially trained to receive complaints of sexual harassment and to conciliate
43264326 complaints of sexual harassment under this policy.
43274327 Sexual Consent
43284328 Sexual consent is positive, unambiguous, and voluntary agreement to engage in specific activity
43294329 throughout an encounter involving sexual activity. Consent should not be inferred from the
43304330 absence of a “no”. Consent to some activity does not constitute consent to others, nor does past
43314331 consent to a given activity constitute present or future consent. Consent can be revoked at any
43324332 time and cannot be obtained by threat, coercion, or force.
43334333
43344334 III. CONSENSUAL RELATIONSHIPS
43354335
43364336 (a) Sexual/intimate relationships between employees and supervisors in the employee's chain of
43374337 command are strongly discouraged. The existence of a sexual/intimate relationship between an
43384338 employee and a supervisor will be a factor in any proceeding in which the relationship is alleged
43394339 to have contributed to a hostile work environment and/or adversely affected the terms and
43404340 conditions of employment.
43414341
43424342 (b) Employees who engage in a limited consensual relationship with a supervisor or colleague,
43434343 such as going out to dinner or on dates, remain free to refuse further sexual overtures and have the
43444344 right to demand that sexual or sexually harassing conduct going beyond that which was consented
43454345 to must stop. Alternatively, they also may seek the assistance of a supervisor or manager or the
43464346 Council’s SHOs to demand that sexually harassing conduct cease.
43474347
43484348 (c) Conduct that was once welcome or consensual may become unwelcome. Once the conduct is
43494349 no longer welcome, conduct of a sexually harassing nature must cease.
43504350
43514351
43524352 IV. REPORTING AND REMEDYING SEXUAL HARASSMENT
43534353
43544354 This policy provides several avenues an employee may pursue in response to witnessing or
43554355 experiencing sexual harassment. All complaints of sexual harassment will be treated with the
43564356
43574357
43584358
43594359 -5-
43604360
43614361 same rigor and gravity, regardless of the complaint avenue the complainant elects. All
43624362 complaints of sexual harassment by a Councilmember will generate an investigation by outside
43634363 counsel.
43644364
43654365 Any employee who believes he or she has been the target of sexual harassment can inform the
43664366 offending person orally or in writing that such conduct is unwelcome and offensive and ask the
43674367 offending person to stop the offensive conduct. If the employee does not wish to communicate
43684368 directly with the offending person, or if such communication has been ineffective, the employee
43694369 should report the sexual harassment.
43704370
43714371 (a) Reporting Harassment by a Council Employee.
43724372
43734373 Sexual harassment by a Council employee, if reported, shall be reported through the channels
43744374 described below. Complaints to supervisors will not automatically initiate an investigation by
43754375 outside counsel, whereas complaints to an SHO will.
43764376
43774377 (1) Target complaints to supervisors.
43784378
43794379 (A) An employee who believes they are the target of sexual harassment from
43804380 another Council employee may make a complaint to the employee’s supervisor
43814381 orally or in writing. The complainant’s supervisor should reduce the complaint to
43824382 writing and provide the complainant with section VII (External Reporting and
43834383 Resources) of this policy. Upon receipt of the complaint, the complainant’s
43844384 supervisor must inform the alleged harasser to cease all offending conduct (if the
43854385 alleged harasser is not in the supervisor’s chain-of-command, the supervisor must
43864386 enlist the assistance of an SHO or a supervisor in the alleged harasser’s chain of
43874387 command to inform the alleged harasser to cease all offending conduct). The
43884388 supervisor shall promptly seek to resolve the complaint in a manner that ensures
43894389 the offending conduct will not recur and take corrective action appropriate to the
43904390 severity of the offense. If a supervisor cannot resolve the complaint, the
43914391 supervisor must inform the complainant and encourage the complainant to make a
43924392 complaint to an SHO. Supervisors are encouraged to seek advice in resolving
43934393 complaints from an SHO or the General Counsel. A supervisor’s consultation or
43944394 request for assistance from an SHO is not considered a complaint to an SHO and
43954395 will not automatically initiate an investigation by outside counsel.
43964396
43974397 In appropriate circumstances, a complaint to a supervisor may be resolved
43984398 through conciliation. Conciliation is an informal method of alternative dispute
43994399 resolution in which an SHO works with the complainant and alleged harasser to
44004400 end the harassment and reach a resolution that is mutually agreeable to both
44014401
44024402
44034403
44044404 -6-
44054405
44064406 parties. A complainant may initiate conciliation by informing the complainant’s
44074407 supervisor, who shall inform an SHO, of the complainant’s desire to conciliate.
44084408 Participation in conciliation is voluntary and requires the cooperation of both the
44094409 target and alleged harasser. Ultimately, an SHO will make a case-by-case
44104410 determination of whether a complaint is appropriate for conciliation.
44114411
44124412 Upon resolution of a complaint, or in the event a supervisor cannot resolve a
44134413 complaint, the supervisor must provide a written report to an SHO and OGC,
44144414 which identifies the parties involved, the nature of the complaint, and steps taken
44154415 to resolve the complaint. The SHOs and OGC will evaluate the report to
44164416 determine whether further action, including further investigation or corrective
44174417 action, is warranted. The report shall be kept confidential consistent with the
44184418 terms of this policy.
44194419
44204420 (B) If an employee chooses not to complain to a supervisor or is unsatisfied with
44214421 the results of a complaint to a supervisor, the employee may make a complaint to
44224422 an SHO.
44234423
44244424 (2) Anonymous and Witness Complaints.
44254425
44264426 (A) The Council encourages all employees to report instances of sexual
44274427 harassment they witness to their supervisors, through the Council’s online
44284428 complaint portal (dccouncil.seamlessdocs.com/f/sexualharassmentcomplaint) or
44294429 directly to an SHO. A supervisor who receives a complaint of sexual harassment
44304430 from a witness should follow the procedures described in section (a)(1)(A) to
44314431 resolve and report the complaint’s resolution or refer the matter to an SHO for
44324432 resolution in accordance with subparagraph (C).
44334433
44344434 (B) An employee, whether a target or a witness of sexual harassment, may
44354435 anonymously report sexual harassment through the Council’s online complaint
44364436 portal by selecting the anonymous complaint option. An anonymous complaint
44374437 through the Council’s complaint portal will be transmitted to the SHOs.
44384438
44394439 (C) An SHO who receives a witness or anonymous complaint will perform an
44404440 initial assessment of the facts of the complaint, including interviewing the alleged
44414441 target and harasser, to determine what further action, including investigation by
44424442 outside counsel, is possible, desired, or warranted given the nature and severity of
44434443 the complaint.
44444444
44454445 (3) Target complaints to SHOs.
44464446
44474447
44484448
44494449 -7-
44504450
44514451
44524452 (A) A person who is sexually harassed may make a complaint directly to an SHO.
44534453 A complaint made directly to an SHO may be oral or written; the SHO who
44544454 receives an oral complaint shall reduce the complaint to writing. Complaints
44554455 made though the Council’s online complaint portal will be transmitted to the
44564456 SHOs.
44574457
44584458 (B) Upon receipt of a complaint under this policy, the SHO who receives the
44594459 complaint shall provide the complainant with section VII (External Reporting and
44604460 Resources) of this policy.
44614461
44624462 (C) The SHO shall notify the alleged harasser, in writing, that a complaint has
44634463 been made against him or her and direct the individual to cease all offending
44644464 conduct.
44654465
44664466 (4) Investigation of Target Complaints to SHOs.
44674467
44684468 (A) Upon receipt of a complaint from a target of sexual harassment, the SHO
44694469 shall inform the General Counsel, who shall contact outside counsel to investigate
44704470 the complaint. Supervisors of the alleged target and harasser will be notified of
44714471 the investigation, unless the target requests confidentiality, in which case, no
44724472 supervisor shall be notified until the investigation is complete, unless the
44734473 imposition of interim measures or the nature of the investigation necessitates
44744474 notification.
44754475
44764476 (B) The SHOs will recommend interim measures to ensure no further apparent or
44774477 alleged harassment occurs pending completion of an investigation. Supervisors
44784478 and Councilmembers agree to abide by and implement the interim measures
44794479 recommended by the SHOs. The following interim measures may be appropriate
44804480 to ensure cessation of alleged harassment during the pendency of an investigation:
44814481
44824482 (i) Administrative leave with pay;
44834483 (ii) Physical separation, including the use of available swing space or
44844484 shifting workspaces between physical offices;
44854485 (iii) Working from home; or
44864486 (iv) Other measures that limit contact between the target and
44874487 alleged harasser.
44884488
44894489 Acceptable interim measures are administrative in nature and are not per se an
44904490 adverse employment action to either party. Where a target of harassment requests
44914491
44924492
44934493
44944494 -8-
44954495
44964496 separation from the alleged harasser, the SHO must require the target of
44974497 harassment to make the request in writing.
44984498 (C) During the investigation, the SHO will be the point of contact for the
44994499 complainant’s or the alleged harasser’s questions or concerns related to the
45004500 complaint.
45014501 (D) Outside counsel has responsibility for investigating alleged sexual harassment
45024502 in a prompt, thorough, and impartial manner.
45034503
45044504 (E) Outside counsel’s investigation may take up to 30 days. If the investigation is
45054505 not completed during that time, the complainant may elect to pursue remedies
45064506 outside the Council, as further described in section VII (External Reporting and
45074507 Resources).
45084508
45094509 (5) Resolving Target Complaints to SHOs.
45104510
45114511 (A) At the end of the investigation, outside counsel shall submit a written report
45124512 of its findings and any recommendations of corrective action to the SHOs and the
45134513 General Counsel.
45144514
45154515 (B) If outside counsel does not find that harassment occurred, an SHO shall notify
45164516 the complainant and the alleged harasser of the result. No further action shall be
45174517 taken.
45184518
45194519 (C)(i) If the outside counsel does find that harassment has occurred, the report
45204520 shall also be submitted to:
45214521 (I) The Councilmember for whom the alleged harasser works; or
45224522 (II) The Officer for whom the alleged harasser works.
45234523 (ii) Councilmembers and Officers agree to take, at minimum, the
45244524 corrective action recommended in the report from outside counsel, up to
45254525 and including termination of the alleged harasser.
45264526
45274527 (b) Reporting Harassment by a Non-Council Employee.
45284528
45294529 A Council employee who experiences sexual harassment from a non-Council employee may
45304530 make a complaint to a supervisor or an SHO through the avenues described above. The
45314531 supervisor or SHO shall hand the complaint is the same manner as described above, including,
45324532 if the complaint is to a supervisor, by providing a written resolution report to an SHO and OGC
45334533 that identifies the parties involved, the nature of the complaint, and steps taken to resolve the
45344534
45354535
45364536
45374537 -9-
45384538
45394539 complaint. The Council’s ability to resolve or investigate the complaint may be limited by lack
45404540 of control over the alleged harasser. Resolution of a complaint of harassment against a non-
45414541 Council employee may include the following:
45424542
45434543 (1) Instituting a no-contact policy between the alleged harasser and the target, including
45444544 barring the alleged harasser from the personal or committee offices of a Councilmember,
45454545 as appropriate; and
45464546
45474547 (2) Notifying the alleged harasser’s employer of the alleged conduct and requesting the
45484548 employer take appropriate action.
45494549
45504550 (c) Reporting Harassment by a Councilmember
45514551
45524552 (1) If an employee is sexually harassed by a Councilmember, the target or witness may
45534553 make a complaint to an SHO. Except as otherwise provided in this subsection, all
45544554 complaints against Councilmembers, including anonymous complaints, shall follow the
45554555 same investigation and reporting steps outlined in subsection (a)(4) and (5) of this
45564556 section, including investigation by outside counsel, imposition of interim measures, and
45574557 submission of a written report by outside counsel.
45584558
45594559 (2) If outside counsel finds that the Councilmember engaged in conduct that violates this
45604560 policy:
45614561
45624562 (A) The report shall not include recommendations for corrective action; but shall
45634563 include information and findings sufficient for members of an ad hoc committee
45644564 to recommend penalties, if any, against the offending member, pursuant to
45654565 Council Rule 652.
45664566
45674567 (B) The report shall be submitted to:
45684568 (i) The General Counsel;
45694569 (ii) The SHOs; and
45704570 (iii) The Chairman.
45714571
45724572 (C) If the Chairman is the subject of the complaint, the Chairman pro tempore
45734573 shall receive the report with no redactions.
45744574
45754575 (D) An ad hoc committee shall be established pursuant to Council Rule 651
45764576 within 3 business days after the investigative report is received from outside
45774577 counsel. Members of the ad hoc committee shall receive unredacted versions of
45784578 outside counsel’s investigative report and shall protect the identities of
45794579
45804580
45814581
45824582 -10-
45834583
45844584 individuals named in the report to the greatest extent possible. Based on the
45854585 findings in the report, the ad hoc committee may recommend penalties against the
45864586 member in accordance with Council Rule 652.
45874587
45884588
45894589 (d) Confidentiality
45904590
45914591 All reports of sexual harassment received pursuant to this policy shall be treated as confidential
45924592 consistent with the procedural mandates of this policy. Recipients of sexual harassment
45934593 complaints and those involved in any conciliation, investigation, or resolution of a complaint
45944594 have an obligation to protect the identities of the complainant, alleged target, harasser, and other
45954595 witnesses to the fullest extent possible in light of the nature of any investigation conducted and
45964596 remedial action sought or pursued. Disclosure of facts related to the complaint to an alleged
45974597 target and alleged harasser’s supervisor or Councilmember, the Office of General Counsel,
45984598 outside counsel, and the Council as a body, in the case of a complaint against a Councilmember,
45994599 may be necessary to achieve appropriate remedial action.
46004600 (e) Rights of the Alleged Harasser
46014601
46024602 Persons accused of sexual harassment deserve the full protections afforded to them under the
46034603 law in administrative matters, including, but not limited to, the right to respond to allegations of
46044604 sexual harassment, to counsel and representation, and the presumption of innocence. The right to
46054605 counsel does not include the right to have counsel paid for by the government or Council.
46064606
46074607
46084608
46094609
46104610 V. TRAINING
46114611
46124612 The Council will provide training on sexual harassment to all Councilmembers and employees at
46134613 least one time per year, which shall include training on retaliation. Annual sexual harassment
46144614 training is mandatory for all Councilmembers and employees.
46154615
46164616
46174617 VI. RETALIATION
46184618
46194619 It is a violation of this policy to retaliate against someone who has reported possible sexual
46204620 harassment.
46214621
46224622
46234623
46244624 -11-
46254625
46264626 Retaliation is conduct that punishes a person for exercising rights under this policy or
46274627 discourages a reasonable person from engaging in activity protected under this policy. Such
46284628 protected activity includes making a complaint under this policy, aiding or encouraging any
46294629 other person to make a complaint under this policy, participating in the investigation or
46304630 resolution of a complaint under this policy, opposing sexual harassment, refusing to follow
46314631 orders that would result in sexual harassment, or intervening to protect others from sexual
46324632 harassment.
46334633 Retaliatory behavior may include, but is not limited to, termination, unwarranted reprimands,
46344634 intimidation, threats, unfairly downgrading personnel evaluations, transfers to less desirable
46354635 positions, verbal or physical abuse, altered and more inconvenient work schedules, or coercion
46364636 intended to pressure an individual to participate, not participate, or provide false or misleading
46374637 information in a complaint or investigation under this policy.
46384638 The Council will take necessary steps to protect from retaliation employees who, in good faith,
46394639 report incidents of potential sexual harassment and participate in investigations under this policy.
46404640 Employees found to have engaged in retaliatory behavior shall be recommended for discipline,
46414641 up to an including termination.
46424642
46434643 VII. EXTERNAL REPORTING AND RESOURCES
46444644
46454645 The remedies and procedures available under this policy are in addition to the legal remedies
46464646 available under District and federal law. A target of sexual harassment, or a person acting on the
46474647 target’s behalf with or without the target's consent, may report sexual harassment within one year
46484648 of the alleged harassment or its discovery to the District of Columbia Office of Human Rights
46494649 (“OHR”) (D.C. Official Code § 2-1403.04(a)); a target of sexual harassment may also file a charge
46504650 with the U.S. Equal Employment Opportunity Commission (“EEOC”) within 300 days of the
46514651 alleged harassment (42 U.S.C. 2000e-5(e)).
46524652 1
46534653 Filing a complaint under this policy does not extend
46544654 the time a target has to file a complaint or charge with OHR or the EEOC.
46554655 In addition to the remedies under this policy, the target is encouraged to report sexual harassment
46564656 that rises to the level of criminal misconduct, such as sexual assault, kidnapping, stalking, and
46574657 threats to do bodily harm, to a law enforcement agency, including the Metropolitan Police
46584658 Department (MPD).
46594659
46604660 Victims of sexual assault or other possible crimes may choose to call the DC Victim Hotline at
46614661 1-844-443-5732. The Hotline is available 24/7 by telephone, text, or online chat to connect
46624662 victims of crime to free resources and to help them navigate the physical, financial, legal, and
46634663
46644664 1
46654665 The timelines for filing with administrative agencies are accurate as of January 3, 2023.
46664666
46674667
46684668
46694669 -12-
46704670
46714671 emotional repercussions of crime. Victims may be matched with an advocate who can help them
46724672 decide whether to pursue a matter through the criminal justice process.
46734673
46744674