1 | 1 | | _____________________________ 1 |
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2 | 2 | | Chairman Phil Mendelson 2 |
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3 | 3 | | 3 |
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4 | 4 | | 4 |
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5 | 5 | | 5 |
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6 | 6 | | A RESOLUTION 6 |
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7 | 7 | | 7 |
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8 | 8 | | _________ 8 |
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9 | 9 | | 9 |
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10 | 10 | | 10 |
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11 | 11 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 |
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12 | 12 | | 12 |
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13 | 13 | | __________________ 13 |
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14 | 14 | | 14 |
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15 | 15 | | 15 |
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16 | 16 | | To provide rules of organization and procedure for the Council of the District of Columbia, a 16 |
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17 | 17 | | Code of Official Conduct for the Council of the District of Columbia, and a Sexual 17 |
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18 | 18 | | Harassment Policy for the Council of the District of Columbia during Council Period 26. 18 |
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19 | 19 | | 19 |
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20 | 20 | | RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20 |
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21 | 21 | | resolution may be cited as the “Rules of Organization and Procedure for the Council of the 21 |
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22 | 22 | | District of Columbia, Council Period 26, Resolution of 2025”. 22 |
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23 | 23 | | Sec. 2. The document entitled “Rules of Organization and Procedure for the Council of 23 |
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24 | 24 | | the District of Columbia, Council Period 26,” attached and made a part of this resolution, shall 24 |
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25 | 25 | | be the rules of the Council of the District of Columbia. 25 |
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26 | 26 | | Sec. 3. The document entitled “Council of the District of Columbia, Code of Official 26 |
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27 | 27 | | Conduct, Council Period 26,” attached and made a part of this resolution shall be the Code of 27 |
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28 | 28 | | Official Conduct of the Council of the District of Columbia. 28 |
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29 | 29 | | Sec. 4. The document entitled “Sexual Harassment Policy” attached and made a part of 29 |
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30 | 30 | | this resolution shall be the Sexual Harassment Policy of the Council of the District of Columbia. 30 |
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31 | 31 | | Sec. 5. This resolution shall take effect immediately. 31 |
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32 | 32 | | |
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33 | 33 | | |
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34 | 34 | | |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | RULES OF ORGANIZATION AND |
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38 | 38 | | PROCEDURE FOR THE COUNCIL OF |
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39 | 39 | | THE DISTRICT OF COLUMBIA |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | COUNCIL PERIOD 26 |
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44 | 44 | | TABLE OF CONTENTS |
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45 | 45 | | |
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46 | 46 | | ARTICLE I—DEFINITIONS. .................................................................................................... 9 |
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47 | 47 | | 101. DEFINITIONS. ................................................................................................................... 9 |
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48 | 48 | | ARTICLE II—ORGANIZATION. ........................................................................................... 13 |
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49 | 49 | | A. OATH OF OFFICE AND OFFICIAL CONDUCT. ............................................................ 13 |
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50 | 50 | | 201. OATH OF OFFICE. ......................................................................................................... 13 |
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51 | 51 | | 202. CODE OF OFFICIAL CONDUCT AND COUNCIL POLICIES. .................................. 13 COUNCIL RULES, PERIOD XXV I |
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52 | 52 | | |
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53 | 53 | | 2 |
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54 | 54 | | |
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55 | 55 | | B. EXECUTIVE OFFICERS OF THE COUNCIL. ................................................................. 14 |
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56 | 56 | | 211. CHAIRMAN. .................................................................................................................... 14 |
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57 | 57 | | 212. CHAIRMAN PRO TEMPORE. ....................................................................................... 14 |
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58 | 58 | | 213. VACANCY IN OFFICE OF CHAIRMAN. ..................................................................... 15 |
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59 | 59 | | C. COMMITTEE MEMBERSHIP. .......................................................................................... 15 |
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60 | 60 | | 221. SELECTION. .................................................................................................................... 15 |
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61 | 61 | | 222. CHAIRMAN AS EX OFFICIO MEMBER. .................................................................... 15 |
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62 | 62 | | 223. VACANCIES. ................................................................................................................... 15 |
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63 | 63 | | 224. DISTRIBUTION OF RESPONSIBILITY. ...................................................................... 15 |
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64 | 64 | | 225. PARTICIPATION OF MEMBERS IN COMMITTEE MEETINGS. ............................. 15 |
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65 | 65 | | 226. RULES OF COMMITTEES. ............................................................................................ 16 |
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66 | 66 | | 227. COMMITTEE-ACTIVITY REPORT. ............................................................................. 17 |
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67 | 67 | | D. STANDING COMMITTEES. ............................................................................................. 17 |
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68 | 68 | | 231. COMMITTEE OF THE WHOLE. ................................................................................... 17 |
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69 | 69 | | 232. COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT. ......................... 19 |
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70 | 70 | | 233. COMMITTEE ON EXECUTIVE ADMINISTRATION AND LABOR. ........................ 20 |
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71 | 71 | | 234. COMMITTEE ON FACILITIES. ..................................................................................... 21 |
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72 | 72 | | 235. COMMITTEE ON HEALTH. .......................................................................................... 22 |
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73 | 73 | | 236. COMMITTEE ON HOUSING. ........................................................................................ 22 |
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74 | 74 | | 237. COMMITTEE ON HUMAN SERVICES. ....................................................................... 23 |
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75 | 75 | | 238. COMMITTEE ON THE JUDICIARY AND PUBLIC SAFETY. ................................... 23 |
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76 | 76 | | 239. COMMITTEE ON PUBLIC WORKS AND OPERATIONS. ......................................... 24 |
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77 | 77 | | 240. COMMITTEE ON TRANSPORTATION AND THE ENVIRONMENT. ..................... 25 |
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78 | 78 | | 241. COMMITTEE ON YOUTH AFFAIRS. .......................................................................... 26 |
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79 | 79 | | E. CREATION OF SUBCOMMITTEES. ................................................................................ 26 |
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80 | 80 | | 245. SUBCOMMITTEES. ........................................................................................................ 26 |
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81 | 81 | | F. SPECIAL COMMITTEES AND SPECIAL PROJECTS. ................................................... 26 |
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82 | 82 | | 251. SPECIAL COMMITTEES. .............................................................................................. 26 |
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83 | 83 | | 252. SPECIAL PROJECTS. ..................................................................................................... 27 |
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84 | 84 | | G. APPOINTED OFFICERS OF THE COUNCIL. ................................................................. 27 |
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85 | 85 | | 261. APPOINTMENT OF OFFICERS. ................................................................................... 27 COUNCIL RULES, PERIOD XXV I |
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86 | 86 | | |
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87 | 87 | | 3 |
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88 | 88 | | |
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89 | 89 | | 262. SECRETARY. .................................................................................................................. 27 |
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90 | 90 | | 263. GENERAL COUNSEL. ................................................................................................... 28 |
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91 | 91 | | 264. BUDGET DIRECTOR. .................................................................................................... 29 |
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92 | 92 | | H. COUNCIL PERSONNEL AND APPOINTMENTS. .......................................................... 29 |
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93 | 93 | | 271. SUBORDINATE STAFF OF APPOINTED OFFICERS. ............................................... 29 |
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94 | 94 | | 272. COMMITTEE STAFF. ..................................................................................................... 29 |
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95 | 95 | | 273. COUNCILMEMBERS’ PERSONAL STAFF. ................................................................ 29 |
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96 | 96 | | 274. SEPARATION PAY AND BUDGET ACCOUNTING. ................................................. 30 |
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97 | 97 | | 275. COUNCIL APPOINTMENT TO OTHER BODIES. ...................................................... 30 |
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98 | 98 | | 276. APPOINTMENT BY COMMITTEES AND MEMBERS. ............................................. 30 |
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99 | 99 | | 277. RESIDENCY REQUIREMENT FOR APPOINTMENTS. ............................................. 31 |
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100 | 100 | | I. COMPUTING TIME, CIRCULATION, AND FILING REQUIREMENTS. ...................... 31 |
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101 | 101 | | 281. COMPUTING TIME. ....................................................................................................... 31 |
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102 | 102 | | 282. FILING WITH THE SECRETARY. ................................................................................ 32 |
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103 | 103 | | 283. CIRCULATION TO MEMBERS AND COMMITTEES. ............................................... 33 |
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104 | 104 | | ARTICLE III—PROCEDURES FOR MEETINGS. .............................................................. 33 |
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105 | 105 | | A. LEGISLATIVE MEETINGS. .............................................................................................. 33 |
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106 | 106 | | 301. ORGANIZATIONAL MEETING. ................................................................................... 33 |
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107 | 107 | | 302. REGULAR MEETINGS. ................................................................................................. 33 |
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108 | 108 | | 303. ADDITIONAL AND SPECIAL MEETINGS. ................................................................. 34 |
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109 | 109 | | 304. QUORUM. ........................................................................................................................ 34 |
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110 | 110 | | 305. HEARING THE MAYOR. ............................................................................................... 35 |
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111 | 111 | | 306. RECESS. ........................................................................................................................... 35 |
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112 | 112 | | 307. COUNCIL REVIEW OF CONTRACTS. ........................................................................ 36 |
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113 | 113 | | 308. POLICY AND ECONOMIC IMPACT ANALYSES. ..................................................... 36 |
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114 | 114 | | 309. FISCAL IMPACT STATEMENTS. ................................................................................. 37 |
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115 | 115 | | 310. LEGAL SUFFICIENCY DETERMINATIONS. ............................................................. 38 |
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116 | 116 | | 311. RACIAL EQUITY IMPACT ASSESSMENTS. .............................................................. 39 |
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117 | 117 | | 312. PRESENTATION OF LEGISLATION TO THE COUNCIL. ......................................... 41 |
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118 | 118 | | 313. [RESERVED]. .................................................................................................................. 41 |
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119 | 119 | | 314. EXPEDITED OPTIONAL PROCEDURE FOR REVENUE BONDS AND REVIEW |
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120 | 120 | | RESOLUTIONS. ...................................................................................................................... 41 |
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121 | 121 | | B. ORDER OF BUSINESS FOR MEETINGS. ....................................................................... 42 COUNCIL RULES, PERIOD XXV I |
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122 | 122 | | |
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123 | 123 | | 4 |
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124 | 124 | | |
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125 | 125 | | 315. ORDER OF BUSINESS FOR REGULAR MEETINGS. ................................................ 42 |
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126 | 126 | | 316. ORDER OF BUSINESS FOR ADDITIONAL AND SPECIAL MEETINGS. ............... 43 |
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127 | 127 | | 317. PROCEEDING OUT OF ORDER. .................................................................................. 43 |
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128 | 128 | | C. RULES OF DECORUM. ..................................................................................................... 43 |
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129 | 129 | | 321. DECORUM OF MEMBERS. ........................................................................................... 43 |
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130 | 130 | | 322. DECORUM OF MEMBERS OF THE PUBLIC. ............................................................. 44 |
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131 | 131 | | D. RULES OF DEBATE. ......................................................................................................... 45 |
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132 | 132 | | 331. OBTAINING THE FLOOR. ............................................................................................ 45 |
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133 | 133 | | 332. TIME LIMITS FOR DEBATE. ........................................................................................ 45 |
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134 | 134 | | 333. PERSONAL PRIVILEGE. ............................................................................................... 45 |
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135 | 135 | | 334. APPEAL. .......................................................................................................................... 45 |
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136 | 136 | | 335. POINT OF ORDER. ......................................................................................................... 45 |
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137 | 137 | | 336. PARLIMENTARY INQUIRY. ........................................................................................ 46 |
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138 | 138 | | 337. RECOGNITION OF NON-MEMBERS. ......................................................................... 46 |
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139 | 139 | | E. MOTIONS. ........................................................................................................................... 46 |
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140 | 140 | | 341. MOTIONS RECOGNIZED DURING DEBATE. ........................................................... 46 |
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141 | 141 | | 342. WITHDRAWAL OR MODIFICATION OF MOTIONS. ............................................... 47 |
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142 | 142 | | 343. ADJOURN. ....................................................................................................................... 47 |
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143 | 143 | | 344. RECESS. ........................................................................................................................... 47 |
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144 | 144 | | 345. RECONSIDER. ................................................................................................................ 47 |
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145 | 145 | | 346. LAY ON THE TABLE. .................................................................................................... 48 |
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146 | 146 | | 347. MOTION TO MOVE THE PREVIOUS QUESTION. .................................................... 49 |
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147 | 147 | | 348. MOTION TO CLOSE DEBATE. ..................................................................................... 49 |
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148 | 148 | | 349. POSTPONE TO A CERTAIN TIME. .............................................................................. 49 |
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149 | 149 | | 350. RECOMMIT. .................................................................................................................... 49 |
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150 | 150 | | 351. AMEND. ........................................................................................................................... 50 |
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151 | 151 | | 352. POSTPONE INDEFINITELY. ......................................................................................... 50 |
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152 | 152 | | 353. DISCHARGE. ................................................................................................................... 50 |
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153 | 153 | | 354. TAKE FROM THE TABLE. ............................................................................................ 50 |
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154 | 154 | | F. AMENDMENTS. ................................................................................................................. 51 |
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155 | 155 | | 355. AMENDMENTS TO BE WRITTEN. .............................................................................. 51 |
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156 | 156 | | 356. GERMANE AMENDMENTS. ......................................................................................... 51 |
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157 | 157 | | 357. FRIENDLY AMENDMENTS. ......................................................................................... 52 COUNCIL RULES, PERIOD XXV I |
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158 | 158 | | |
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159 | 159 | | 5 |
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160 | 160 | | |
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161 | 161 | | 358. AMENDMENT IN THE NATURE OF A SUBSTITUTE. ............................................. 52 |
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162 | 162 | | G. VOTING. ............................................................................................................................. 52 |
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163 | 163 | | 361. FORM OF VOTE. ............................................................................................................ 52 |
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164 | 164 | | 362. VOICE VOTES. ............................................................................................................... 53 |
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165 | 165 | | 363. DEMAND FOR ROLL-CALL VOTE. ............................................................................ 53 |
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166 | 166 | | 364. CALLING THE ROLL. .................................................................................................... 53 |
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167 | 167 | | 365. RECORDS OF VOTES. ................................................................................................... 53 |
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168 | 168 | | 366. TAX ABATEMENT FINANCIAL ANALYSIS (TAFA) ............................................... 53 |
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169 | 169 | | 367. PROXY VOTING PROHIBITED. ................................................................................... 54 |
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170 | 170 | | 368. SUMMONS OF MEMBERS. ........................................................................................... 54 |
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171 | 171 | | H. OPEN MEETINGS. ............................................................................................................. 54 |
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172 | 172 | | 371. OPEN MEETINGS, GENERALLY. ................................................................................ 54 |
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173 | 173 | | 372. MEETINGS DEEMED OPEN. ........................................................................................ 55 |
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174 | 174 | | 373. NOTICE OF MEETINGS. ................................................................................................ 55 |
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175 | 175 | | 374. RECORD OF MEETINGS. .............................................................................................. 56 |
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176 | 176 | | 375. EXCEPTIONS TO OPEN MEETINGS. .......................................................................... 57 |
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177 | 177 | | 376. CLOSED MEETINGS ...................................................................................................... 58 |
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178 | 178 | | |
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179 | 179 | | ARTICLE IV—LEGISLATION. .............................................................................................. 59 |
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180 | 180 | | A. INTRODUCTION OF LEGISLATION. ............................................................................. 59 |
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181 | 181 | | 401. WHO MAY INTRODUCE. .............................................................................................. 59 |
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182 | 182 | | 402. MANNER OF INTRODUCTION. ................................................................................... 60 |
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183 | 183 | | 403. READING INTRODUCTIONS. ...................................................................................... 60 |
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184 | 184 | | 404. COMMITTEE REFERRAL. ............................................................................................ 61 |
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185 | 185 | | 405. COMMENTS BY EXECUTIVE. ..................................................................................... 61 |
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186 | 186 | | 406. WITHDRAWAL OF LEGISLATION. ............................................................................ 61 |
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187 | 187 | | 407. COMMITTEE APPROVAL ............................................................................................. 62 |
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188 | 188 | | B. COUNCIL APPROVAL. ..................................................................................................... 62 |
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189 | 189 | | 411. CONSENT AGENDA. ..................................................................................................... 62 |
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190 | 190 | | 412. EMERGENCY LEGISLATION. ..................................................................................... 63 |
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191 | 191 | | 413. TEMPORARY LEGISLATION. ...................................................................................... 64 |
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192 | 192 | | 414. TECHNICAL-AMENDMENT LEGISLATION. ............................................................ 64 |
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193 | 193 | | 415. ENACTMENT LEGISLATION. ...................................................................................... 64 COUNCIL RULES, PERIOD XXV I |
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194 | 194 | | |
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195 | 195 | | 6 |
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196 | 196 | | |
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197 | 197 | | 416. VETOED LEGISLATION. .............................................................................................. 65 |
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198 | 198 | | 417. TRANSMISSION OF ACTS. ........................................................................................... 65 |
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199 | 199 | | 418. EFFECT OF END OF COUNCIL PERIOD. ................................................................... 66 |
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200 | 200 | | C. NOTICE AND PUBLICATION OF INTENDED ACTIONS. ........................................... 66 |
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201 | 201 | | 421. GENERAL NOTICE BY PUBLICATION OF INTENDED ACTIONS AND |
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202 | 202 | | HEARINGS. ............................................................................................................................. 66 |
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203 | 203 | | 422. PERSONAL SERVICE OR ACTUAL NOTICE. ............................................................ 67 |
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204 | 204 | | 423. METHODS OF NOTICE. ................................................................................................ 68 |
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205 | 205 | | 424. NOTICE OF EMERGENCY ACTIONS. ......................................................................... 68 |
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206 | 206 | | 425. NOTICE OF TEMPORARY LEGISLATION. ................................................................ 69 |
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207 | 207 | | 426. NOTICE OF WAIVER OF RULE 231(c). ....................................................................... 69 |
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208 | 208 | | 427. CEREMONIAL RESOLUTIONS. ................................................................................... 70 |
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209 | 209 | | 428. NOTICE AND PUBLICATION OF ADOPTED LEGISLATION. ................................. 70 |
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210 | 210 | | 429. NOTICE OF NEW BUSINESS. ....................................................................................... 70 |
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211 | 211 | | 430. NOTICE OF COMMITTEE MEETINGS. ....................................................................... 70 |
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212 | 212 | | ARTICLE V—HEARING PROCEDURES. ............................................................................ 71 |
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213 | 213 | | A. PROCEDURES FOR HEARINGS. ..................................................................................... 71 |
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214 | 214 | | 501. AUTHORITY TO CALL HEARINGS. ........................................................................... 71 |
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215 | 215 | | 502. QUORUM. ........................................................................................................................ 71 |
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216 | 216 | | 503. PARTICIPATION BY MEMBERS. ................................................................................ 71 |
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217 | 217 | | 504. WITNESSES AT A PUBLIC HEARING. ....................................................................... 72 |
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218 | 218 | | B. RECEIVING TESTIMONY. ............................................................................................... 72 |
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219 | 219 | | 511. QUESTIONING WITNESSES. ....................................................................................... 72 |
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220 | 220 | | 512. DECORUM OF WITNESSES. ........................................................................................ 72 |
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221 | 221 | | C. RIGHTS OF WITNESSES. ................................................................................................. 72 |
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222 | 222 | | 521. RIGHT TO COUNSEL. .................................................................................................... 72 |
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223 | 223 | | 522. RIGHT TO MAKE OPENING STATEMENT. ............................................................... 73 |
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224 | 224 | | D. RECORD OF HEARINGS. ................................................................................................. 73 |
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225 | 225 | | 531. HEARING RECORDS, REQUIRED. .............................................................................. 73 |
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226 | 226 | | 532. CLOSE OF RECORD. ..................................................................................................... 73 COUNCIL RULES, PERIOD XXV I |
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227 | 227 | | |
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228 | 228 | | 7 |
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229 | 229 | | |
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230 | 230 | | ARTICLE VI—INVESTIGATIONS AND SUBPOENAS. .................................................... 74 |
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231 | 231 | | A. PROCEDURES FOR INVESTIGATIONS USING SUBPOENAS. .................................. 74 |
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232 | 232 | | 601. RESOLUTION AUTHORIZING THE USE OF SUBPOENAS IN AN |
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233 | 233 | | INVESTIGATION. ................................................................................................................... 74 |
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234 | 234 | | 602. NOTICE OF INVESTIGATION. ..................................................................................... 74 |
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235 | 235 | | 603. REPORT OF INVESTIGATION. .................................................................................... 74 |
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236 | 236 | | 604. TESTIMONY UNDER OATH. ........................................................................................ 74 |
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237 | 237 | | 605. ISSUING THE OATH. ..................................................................................................... 74 |
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238 | 238 | | 606. DEPOSITIONS. ................................................................................................................ 75 |
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239 | 239 | | B. SUBPOENAS. ..................................................................................................................... 75 |
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240 | 240 | | 611. ISSUANCE OF SUBPOENAS. ....................................................................................... 75 |
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241 | 241 | | 612. REPORT TO SECRETARY REGARDING USE OF SUBPOENA. .............................. 75 |
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242 | 242 | | 613. SERVICE OF SUBPOENAS. .......................................................................................... 75 |
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243 | 243 | | 614. ENFORCEMENT OF SUBPOENAS. ............................................................................. 75 |
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244 | 244 | | C. RIGHTS OF WITNESSES. ................................................................................................. 76 |
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245 | 245 | | 621. RIGHT TO ASSERT PRIVILEGES. ............................................................................... 76 |
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246 | 246 | | 622. NOTIFICATION OF RIGHTS. ........................................................................................ 76 |
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247 | 247 | | 623. RIGHT TO TRANSCRIPT. ............................................................................................. 76 |
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248 | 248 | | 624. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS. .................. 76 |
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249 | 249 | | 625. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS. .................................... 76 |
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250 | 250 | | D. REPRIMAND, CENSURE, AND EXPULSION PROCEDURES. .................................... 77 |
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251 | 251 | | 651. ESTABLISHING AN AD HOC COMMITTEE. ............................................................. 77 |
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252 | 252 | | 652. AD HOC COMMITTEE PROCEDURES. ...................................................................... 78 |
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253 | 253 | | 653. COUNCIL CONSIDERATION OF REPORT. ................................................................ 80 |
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254 | 254 | | 654. REPRIMAND. .................................................................................................................. 81 |
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255 | 255 | | 655. CENSURE AND EXPULSION. ...................................................................................... 81 |
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256 | 256 | | ARTICLE VII—BUDGET PROCEDURES. ........................................................................... 82 |
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257 | 257 | | A. BUDGET REVIEW PROCEDURES. ................................................................................. 82 |
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258 | 258 | | 701. ROLE OF THE COMMITTEE OF THE WHOLE. ......................................................... 82 |
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259 | 259 | | 702. BUDGET-REVIEW SCHEDULE. ................................................................................... 82 |
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260 | 260 | | 703. ROLE OF COUNCIL COMMITTEES. ........................................................................... 83 COUNCIL RULES, PERIOD XXV I |
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261 | 261 | | |
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262 | 262 | | 8 |
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263 | 263 | | |
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264 | 264 | | 704. COMMITTEE OF THE WHOLE CONSIDERATION OF PROPOSED BUDGET. ..... 84 |
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265 | 265 | | 705. COUNCIL CONSIDERATION OF THE BUDGET. ...................................................... 84 |
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266 | 266 | | B. REPROGRAMMING POLICY ACT PROCEDURES. ...................................................... 84 |
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267 | 267 | | 711. EFFECT OF RECESS ON PROCEDURES. ................................................................... 84 |
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268 | 268 | | 712. COMMITTEE REFERRAL OF REQUESTS. ................................................................. 84 |
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269 | 269 | | 713. CIRCULATION OF REQUESTS. ................................................................................... 84 |
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270 | 270 | | 714. PUBLICATION OF NOTICE. ......................................................................................... 85 |
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271 | 271 | | 715. WITHDRAWAL OF REPROGRAMMING REQUESTS. .............................................. 85 |
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272 | 272 | | 716. REQUIREMENTS FOR DISAPPROVAL OF REQUESTS. .......................................... 85 |
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273 | 273 | | 717. AUTOMATIC APPROVAL OF REQUESTS. ................................................................ 85 |
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274 | 274 | | 718. TRANSMITTAL TO MAYOR. ....................................................................................... 86 |
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275 | 275 | | C. FUNDS CONTROL ACT PROCEDURES. ........................................................................ 86 |
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276 | 276 | | [RESERVED]. .......................................................................................................................... 86 |
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277 | 277 | | D. SPECIFIED FUNDING ALLOCATION PROCEDURES. ................................................ 86 |
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278 | 278 | | 730. REQUIRED INFORMATION PRIOR TO APPROVAL. ............................................... 86 |
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279 | 279 | | 731. [RESERVED]. .................................................................................................................. 88 |
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280 | 280 | | 732. LIMITS ON AWARD AMOUNTS. ................................................................................. 88 |
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281 | 281 | | 733. AUDIT REQUIREMENTS. ............................................................................................. 88 |
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282 | 282 | | 734. DISCLOSURE REQUIREMENTS. ................................................................................. 88 |
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283 | 283 | | E. REPORTS ON BILLS SUBJECT TO INCLUSION IN THE BUDGET AND FINANCIAL |
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284 | 284 | | PLAN. ....................................................................................................................................... 88 |
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285 | 285 | | 735. REPORTS ON BILLS SUBJECT TO INCLUSION IN THE BUDGET AND |
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286 | 286 | | FINANCIAL PLAN.................................................................................................................. 88 |
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287 | 287 | | 736. REPEAL OF LAWS SUBJECT TO APPROPRIATION. ............................................... 88 |
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288 | 288 | | ARTICLE VIII—COUNCIL RECORDS ................................................................................ 89 |
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289 | 289 | | A. COUNCIL RECORDS. ....................................................................................................... 89 |
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290 | 290 | | 801. RESPONSIBILITY FOR RECORDS. ............................................................................. 89 |
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291 | 291 | | 802. FORM FOR INTRODUCTIONS. .................................................................................... 89 |
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292 | 292 | | 803. REPORTS ON LEGISLATION. ...................................................................................... 89 |
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293 | 293 | | 804. SUPPLEMENTAL COMMITTEE REPORT. ................................................................. 92 |
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294 | 294 | | 805. IDENTIFICATION OF COUNCIL DOCUMENTS. ....................................................... 92 COUNCIL RULES, PERIOD XXV I |
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295 | 295 | | |
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296 | 296 | | 9 |
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297 | 297 | | |
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298 | 298 | | 806. LEGISLATIVE FILES. .................................................................................................... 93 |
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299 | 299 | | 807. OTHER OFFICIAL RECORDS. ...................................................................................... 94 |
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300 | 300 | | 808. RECORDS OF LEGISLATIVE MEETINGS. ................................................................. 95 |
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301 | 301 | | 809. COMMITTEE RECORDS. .............................................................................................. 95 |
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302 | 302 | | B. FREEDOM OF INFORMATION AND SERVICE OF PROCESS. ................................... 95 |
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303 | 303 | | 811. FOIA PROCEDURES. ..................................................................................................... 95 |
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304 | 304 | | 812. TRANSACTION OF PUBLIC BUSINESS BY ELECTRONIC FORMAT. .................. 96 |
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305 | 305 | | 813. SERVICE OF PROCESS. ................................................................................................ 96 |
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306 | 306 | | ARTICLE IX—AUDITOR. ....................................................................................................... 97 |
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307 | 307 | | 901. SELECTION. .................................................................................................................... 97 |
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308 | 308 | | 902. TERM AND COMPENSATION. .................................................................................... 97 |
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309 | 309 | | 903. VACANCY. ...................................................................................................................... 97 |
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310 | 310 | | 904. STAFF. ............................................................................................................................. 97 |
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311 | 311 | | 905. REPORTS AVAILABLE TO THE PUBLIC. .................................................................. 97 |
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312 | 312 | | ARTICLE X—CONSTRUCTION, SUSPENSION, AND AMENDMENT OF RULES. .... 97 |
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313 | 313 | | 1001. PARLIAMENTARY AUTHORITY. ............................................................................. 97 |
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314 | 314 | | 1002. GENDER RULE OF CONSTRUCTION. ...................................................................... 97 |
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315 | 315 | | 1003. SUSPENSION OF RULES. ........................................................................................... 98 |
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316 | 316 | | 1004. AMENDMENT OF RULES. .......................................................................................... 98 |
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317 | 317 | | 1005. EFFECTIVE PERIOD. ................................................................................................... 98 |
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318 | 318 | | |
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319 | 319 | | ARTICLE I—DEFINITIONS. |
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320 | 320 | | 101. DEFINITIONS. |
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321 | 321 | | For the purposes of these Rules, the term: |
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322 | 322 | | (1) “Agency” includes any of the ornizational units of the District, including a |
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323 | 323 | | board, commission, department, division, instrumentality, or office, whether subordinate to or |
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324 | 324 | | independent of the Mayor; provided, that the term “agency” does not include the Council or the |
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325 | 325 | | District of Columbia courts. |
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326 | 326 | | (2) “Auditor” means the District of Columbia Auditor, established by section 455 |
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327 | 327 | | of the Charter (D.C. Official Code § 1-204.55). COUNCIL RULES, PERIOD XXV I |
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328 | 328 | | |
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329 | 329 | | 10 |
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330 | 330 | | |
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331 | 331 | | (3) “BEGA” means the Board of Ethics and Government Accountability, |
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332 | 332 | | established by section 202 of the Government Ethics Act of 2011, effective April 27, 2012 (D.C. |
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333 | 333 | | Law 19-124; D.C. Official Code § 1-1162.02). |
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334 | 334 | | (4) “Bill” means a proposed act of the Council. |
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335 | 335 | | (5) “Budget” means the annual budget, including a Local Budget Act and a |
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336 | 336 | | Federal Portion Budget Request Act, for all activities of all agencies and the Council, financed |
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337 | 337 | | from all existing or proposed resources, including both operating and capital expenditures. |
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338 | 338 | | (6) “Budget of the Council” means the approved budget for the Council. |
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339 | 339 | | (7) “Ceremonial resolution” means an expression of appreciation, an honorarium |
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340 | 340 | | of limited application, or a declaration of no lel effect, other than a sense of the Council |
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341 | 341 | | resolution. A ceremonial resolution may be adopted only by unanimous consent. |
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342 | 342 | | (8) “Chairman” means the Chairman of the Council of the District of Columbia, |
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343 | 343 | | established by section 401 of the Charter (D.C. Official Code § 1-204.01). |
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344 | 344 | | (9) “Charter” means Title IV of the Home Rule Act (D.C. Official Code § |
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345 | 345 | | 1-204.01 et seq.). |
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346 | 346 | | (10) “Comprehensive Plan” means the comprehensive plan for the National |
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347 | 347 | | Capital, including any elements of the plan, as provided for in section 423 of the Charter (D.C. |
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348 | 348 | | Official Code § 1-204.23). |
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349 | 349 | | (11) “Council” means the Council of the District of Columbia, established by |
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350 | 350 | | section 401 of the Charter (D.C. Official Code § 1-204.01). |
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351 | 351 | | (12) “Councilmember” or “Member” means a member of the Council, established |
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352 | 352 | | by section 401 of the Charter (D.C. Official Code § 1-204.01), and includes the Chairman, unless |
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353 | 353 | | the context clearly indicates otherwise. |
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354 | 354 | | (13) “Council Period” means the legislative session of the Council beginning at |
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355 | 355 | | noon on January 2nd of each odd-numbered year and ending at noon on January 2nd of the |
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356 | 356 | | following odd-numbered year. |
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357 | 357 | | (14) “Council website” means the website with the domain name of |
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358 | 358 | | dccouncil.gov. |
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359 | 359 | | (15) “Earmarked grant” means a funding allocation directed to a named recipient |
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360 | 360 | | for a specific purpose through a budget act. COUNCIL RULES, PERIOD XXV I |
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361 | 361 | | |
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362 | 362 | | 11 |
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363 | 363 | | |
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364 | 364 | | (16) “Emergency declaration resolution” means a resolution declaring the |
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365 | 365 | | existence of emergency circumstances within the meaning of section 412(a) of the Charter (D.C. |
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366 | 366 | | Official Code § 1-204.12(a)). |
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367 | 367 | | (17) “Engrossing” or “engrossment” means the process by which the text of a bill |
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368 | 368 | | that has passed any reading prior to final reading is prepared for final reading. |
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369 | 369 | | (18) “Enrolling” or “enrollment” means the process by which the text of a |
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370 | 370 | | measure that has passed final reading is finally prepared. |
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371 | 371 | | (19) “Fiscal impact statement” means a statement prepared by the Chief Financial |
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372 | 372 | | Officer or the Budget Director that includes an estimate of the costs that may be incurred by the |
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373 | 373 | | District as a result of the enactment of a measure in the current fiscal year and over the 4-year |
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374 | 374 | | financial plan. |
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375 | 375 | | (20) “Grant budget modification request” means any grant budget modification |
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376 | 376 | | request required to be submitted by the Mayor to the Council pursuant to section 446B of the |
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377 | 377 | | Charter (D.C. Official Code § 1-204.46b). |
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378 | 378 | | (21) “Home Rule Act” means the District of Columbia Home Rule Act, approved |
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379 | 379 | | December 24, 1973 (87 Stat. 774; D.C. Official Code § 1-201.01 et seq.). |
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380 | 380 | | (22) “Independent agency” means an agency of the District of Columbia |
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381 | 381 | | government not subject to the administrative control of the Mayor. |
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382 | 382 | | (23) “Lel sufficiency determination” means a statement prepared by the |
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383 | 383 | | General Counsel that shows that a measure has been reviewed by the Office of the General |
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384 | 384 | | Counsel and determined to be lelly sufficient. |
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385 | 385 | | |
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386 | 386 | | (24) “Main motion” means a motion relating to the passing of a law or |
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387 | 387 | | consideration of a legislative proposal. |
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388 | 388 | | |
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389 | 389 | | (25) “Mayor” means the Mayor of the District of Columbia, established by |
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390 | 390 | | section 421 of the Charter (D.C. Official Code § 1-204.21). |
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391 | 391 | | (26) “Measure” means a bill, resolution, or amendment to a bill or resolution, a |
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392 | 392 | | main motion pending before the Council or before a committee of the Council, or a proposed |
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393 | 393 | | reornization plan, reprogramming request, grant budget modification request, proposed state |
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394 | 394 | | plan, contract, or proposed municipal regulation transmitted by law to the Council for its |
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395 | 395 | | approval. |
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396 | 396 | | (27) “Meeting” means, except for the purposes of Rules 371 through 376, the |
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397 | 397 | | formal convening of a committee or the Council, other than solely for the purpose of receiving COUNCIL RULES, PERIOD XXV I |
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398 | 398 | | |
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399 | 399 | | 12 |
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400 | 400 | | |
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401 | 401 | | testimony, held at a designated time and place for the purpose of transacting public business, |
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402 | 402 | | including official action of any kind. |
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403 | 403 | | (28) “Normal business hours” means 9:00 a.m. through 5:30 p.m., Monday |
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404 | 404 | | through Friday, except lel holidays. |
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405 | 405 | | (29) “Official action” shall have the same meaning as provided in section 742 of |
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406 | 406 | | the Home Rule Act (D.C. Official Code § 1-207.42). |
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407 | 407 | | (30) “Person” means an individual, partnership, association, corporation, or any |
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408 | 408 | | other ornization. |
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409 | 409 | | (31) “Racial equity” shall have the same meaning as provided in section 101 of |
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410 | 410 | | the Racial Equity Achieves Results (REACH) Amendment Act of 2020, effective March 16, |
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411 | 411 | | 2021 (D.C. Law 23-181; D.C. Official Code § 2-1471.01). |
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412 | 412 | | (32) “Racial Equity Impact Assessment” means a statement prepared by the |
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413 | 413 | | Director of Racial Equity that includes an assessment of the potential impact on racial equity of |
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414 | 414 | | enacting a bill or resolution. |
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415 | 415 | | (33) “Reading” means, within the meaning of section 412 of the Charter (D.C. |
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416 | 416 | | Official Code § 1-204.12), an opportunity for the Members to debate and vote on proposed |
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417 | 417 | | legislation at a regular or additional legislative meeting of the Council. |
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418 | 418 | | (34) “Recess of the Council” or “Council Recess” means periods of time during |
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419 | 419 | | which regularly scheduled meetings of the Council are not held; i.e., July 15th through |
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420 | 420 | | September 15th of each year, December 23rd through December 31st of each year, April 12th |
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421 | 421 | | through April 20th, 2025, and April 4th through April 12th, 2026. |
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422 | 422 | | (35) “Register” means the District of Columbia Register. |
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423 | 423 | | (36) “Remuneration” means the rate or level of compensation to be paid an |
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424 | 424 | | employee for the performance of the employee’s duties up to and including, but no more than, |
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425 | 425 | | the maximum authorized and appropriated by law. |
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426 | 426 | | (37) “Reprogramming Policy Act” means Subchapter IV of Chapter 3 of Title 47 |
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427 | 427 | | of the District of Columbia Official Code (D.C. Official Code § 47-361 et seq.). |
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428 | 428 | | (38) “Reprogramming request” means any reprogramming request submitted to |
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429 | 429 | | the Council pursuant to the Reprogramming Policy Act (D.C. Official Code § 47-363). |
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430 | 430 | | (39) “Resolution” shall have the same meaning as provided in section 412(a) of |
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431 | 431 | | the Charter (D.C. Official Code § 1-204.12(a)). COUNCIL RULES, PERIOD XXV I |
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432 | 432 | | |
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433 | 433 | | 13 |
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434 | 434 | | |
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435 | 435 | | (40) “Sense of the Council resolution” means a resolution to express the Council’s |
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436 | 436 | | sentiment or opinion rerding a situation, practice, or event. |
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437 | 437 | | (41) “Short title” means the term by which an act or resolution may be cited. |
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438 | 438 | | |
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439 | 439 | | (42) “Subpoena” means subpoena ad testificandum or subpoena duces tecum, or |
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440 | 440 | | both. |
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441 | 441 | | (43) “Transcription” means a verbatim recordation, including a tape or video |
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442 | 442 | | recording. |
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443 | 443 | | ARTICLE II—ORGANIZATION. |
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444 | 444 | | A. OATH OF OFFICE AND OFFICIAL CONDUCT. |
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445 | 445 | | 201. OATH OF OFFICE. |
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446 | 446 | | (a) On January 2nd of each odd-numbered year, a Councilmember whose term of office |
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447 | 447 | | begins at that time shall take and subscribe an oath of office in accordance with subsection (c) of |
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448 | 448 | | this section. The oath of office to a Councilmember shall be administered by a person of the |
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449 | 449 | | Councilmember’s choosing who is lelly authorized to administer oaths. The Secretary shall |
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450 | 450 | | supply printed copies of the oath that shall be subscribed by the Councilmembers, returned to the |
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451 | 451 | | Secretary, and recorded in the Council records as conclusive proof of the fact that the signer took |
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452 | 452 | | the oath in accordance with law. |
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453 | 453 | | (b) A Councilmember whose term of office does not begin at the beginning of a Council |
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454 | 454 | | Period shall take and subscribe the oath of office as soon as practicable after the Councilmember |
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455 | 455 | | has been duly certified as having been elected or selected for the position. |
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456 | 456 | | (c) The oath of office shall be as follows: “I, (Councilmember’s name), do solemnly |
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457 | 457 | | swear (or affirm) that I will faithfully execute the laws of the United States of America and of the |
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458 | 458 | | District of Columbia, and will, to the best of my ability, preserve, protect, and defend the |
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459 | 459 | | Constitution of the United States and the District of Columbia Home Rule Act, and will |
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460 | 460 | | faithfully discharge the duties of the office on which I am about to enter.” |
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461 | 461 | | 202. CODE OF OFFICIAL CONDUCT AND COUNCIL POLICIES . |
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462 | 462 | | (a) Councilmembers and staff shall maintain a high level of ethical conduct in connection |
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463 | 463 | | with the performance of their official duties and shall refrain from taking, ordering, or |
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464 | 464 | | participating in any official action that would adversely affect the confidence of the public in the |
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465 | 465 | | integrity of the District government. In connection with the performance of official duties, |
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466 | 466 | | Councilmembers and staff shall strive to act solely in the public interest and not for any direct COUNCIL RULES, PERIOD XXV I |
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467 | 467 | | |
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468 | 468 | | 14 |
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469 | 469 | | |
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470 | 470 | | and tangible personal in and shall not take an official action on a matter as to which they have |
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471 | 471 | | a conflict of interest created by a personal, family, client, or business interest. |
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472 | 472 | | (b) Councilmembers and staff shall take full responsibility for understanding and |
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473 | 473 | | complying with the letter and spirit of all laws and regulations governing standards of conduct |
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474 | 474 | | for District public officials and employees, including those relating to conduct, conflicts of |
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475 | 475 | | interest, gifts, disclosures, campaign finance, political activity, and freedom of information. |
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476 | 476 | | Councilmembers and staff shall specifically adhere to the Code of Official Conduct of the |
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477 | 477 | | Council of the District of Columbia. |
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478 | 478 | | (c)(1) The Council shall proactively review the District’s overall ethics program, |
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479 | 479 | | including structure, training, enforcement, and overall ethics culture, and work to comply with |
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480 | 480 | | national standards for the creation of effective compliance and ethics programs. |
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481 | 481 | | (2) The Ethics Counselor for the Council shall periodically conduct training on |
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482 | 482 | | the conflict of interest and ethics laws and regulations applicable to Councilmembers and staff. |
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483 | 483 | | Ethics training materials, including summary guidelines to all applicable laws and regulations, |
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484 | 484 | | shall be prepared by the Ethics Counselor for the Council and made readily available on the |
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485 | 485 | | Council’s website. |
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486 | 486 | | (d) Councilmembers and staff shall adhere to the Sexual Harassment Policy. A violation |
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487 | 487 | | of the Sexual Harassment Policy shall constitute a violation of these rules. |
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488 | 488 | | (e) All Councilmembers and employees shall complete mandatory trainings as follows: |
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489 | 489 | | (1) Ethics training with the Office of the General Counsel within 2 months after |
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490 | 490 | | beginning employment with the Council, and once per Council Period thereafter; and |
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491 | 491 | | (2) Equal employment opportunity training on an annual basis, which shall |
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492 | 492 | | include training on sexual harassment and retaliation. |
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493 | 493 | | B. EXECUTIVE OFFICERS OF THE COUNCIL. |
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494 | 494 | | 211. CHAIRMAN. |
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495 | 495 | | The Chairman shall be the presiding and chief executive officer of the Council. |
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496 | 496 | | 212. CHAIRMAN PRO TEMPORE. |
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497 | 497 | | At the beginning of each Council Period or the next Legislative session after the position |
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498 | 498 | | is vacated, the Chairman shall nominate one Councilmember as Chairman Pro Tempore who |
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499 | 499 | | shall act in the place of the Chairman when the Chairman is absent or is recused. The Council |
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500 | 500 | | shall, by resolution, act on the nomination. COUNCIL RULES, PERIOD XXV I |
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501 | 501 | | |
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502 | 502 | | 15 |
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503 | 503 | | |
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504 | 504 | | 213. VACANCY IN OFFICE OF CHAIRMAN. |
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505 | 505 | | Whenever a vacancy occurs in the Office of the Chairman or if the Chairman is serving |
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506 | 506 | | as Acting Mayor, the Chairman Pro Tempore selected pursuant to Rule 212 shall convene the |
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507 | 507 | | Council. The Council shall, by resolution, elect one of its at-large members as Chairman and |
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508 | 508 | | another at-large member as Chairman Pro Tempore until the vacancy in the Office of Chairman |
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509 | 509 | | is filled or until the return of the regularly elected Chairman. |
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510 | 510 | | C. COMMITTEE MEMBERSHIP. |
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511 | 511 | | 221. SELECTION. |
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512 | 512 | | At the ornizational meeting convened in accordance with Rule 301 at the beginning of |
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513 | 513 | | the Council Period, the Chairman shall nominate the chairperson and members of each |
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514 | 514 | | committee of the Council, and the Council shall, by resolution, act on the Chairman’s |
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515 | 515 | | nominations. |
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516 | 516 | | 222. CHAIRMAN AS EX OFFICIO MEMBER. |
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517 | 517 | | The Chairman shall be an ex officio, voting member of all committees and |
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518 | 518 | | subcommittees. The Chairman may be counted for purposes of a quorum but shall not increase |
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519 | 519 | | the quorum requirement for the committee or subcommittee. |
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520 | 520 | | 223. VACANCIES. |
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521 | 521 | | Whenever a vacancy occurs in the membership or chair of a committee, the Chairman |
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522 | 522 | | may nominate a Councilmember to fill the vacancy, and the Council shall, by resolution, act on |
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523 | 523 | | the Chairman’s nomination. |
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524 | 524 | | 224. DISTRIBUTION OF RESPONSIBILITY. |
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525 | 525 | | No individual Member may permanently chair more than one standing committee. The |
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526 | 526 | | principle of seniority shall be respected in the assignment of committee chairs. |
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527 | 527 | | 225. PARTICIPATION OF MEMBERS IN COMMITTEE MEETINGS. |
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528 | 528 | | (a) Any Councilmember may attend the meeting of any committee and may participate in |
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529 | 529 | | committee discussions, but only a committee member may make a motion or cast a vote. |
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530 | 530 | | (b) Any Councilmember may participate fully in a hearing or roundtable of any |
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531 | 531 | | committee. COUNCIL RULES, PERIOD XXV I |
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532 | 532 | | |
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533 | 533 | | 16 |
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534 | 534 | | |
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535 | 535 | | 226. RULES OF COMMITTEES. |
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536 | 536 | | (a) Each committee shall adopt written rules, at its first meeting, to govern its procedures. |
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537 | 537 | | The committee rules shall incorporate the following requirements: |
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538 | 538 | | (1) The scheduling of regular meeting days for conducting business, which shall |
---|
539 | 539 | | not conflict with the time of other committees’ regular meetings; |
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540 | 540 | | (2) A procedure for rescheduling or cancelling a regular meeting; |
---|
541 | 541 | | (3) A procedure for holding additional meetings to be called by the chairperson; |
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542 | 542 | | (4) A procedure for holding special meetings, which shall be called at the request |
---|
543 | 543 | | of a majority of the members of the committee; |
---|
544 | 544 | | (5) Procedures to govern the chairing of a committee meeting in the absence of |
---|
545 | 545 | | the chairperson; |
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546 | 546 | | (6) Procedures for keeping a complete record of all committee action, including |
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547 | 547 | | roll-call votes; |
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548 | 548 | | (7) If, at the time of approval of a measure by a committee, a member of the |
---|
549 | 549 | | committee gives notice of the intention to submit supplemental, minority, or additional views, |
---|
550 | 550 | | that member shall be entitled to not less than 5 business days within which to file the views, |
---|
551 | 551 | | which shall be included in the report of the committee on the measure; |
---|
552 | 552 | | (8) A procedure for amending the committee rules by a vote of a majority of the |
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553 | 553 | | committee; |
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554 | 554 | | (9) A requirement that if an oral amendment is moved during a committee |
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555 | 555 | | meeting it shall, upon request by a member, be reduced to writing and read by the Committee |
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556 | 556 | | Director or other Committee staff and made available for public inspection as soon as |
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557 | 557 | | practicable; |
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558 | 558 | | (10) A requirement for the circulation of notice of the date, hour, and place of all |
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559 | 559 | | committee meetings to all Councilmembers at least 24 hours before the date of the meeting, |
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560 | 560 | | along with a copy of the agenda of the meeting, a draft of any measures to be considered, and, if |
---|
561 | 561 | | required pursuant to Rule 803(e)(7), a comparative print, unless at least 4 members of the |
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562 | 562 | | committee agree, in a written record, to a shorter notice; and |
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563 | 563 | | (11) A procedure for providing at least 24 hours’ notice of the cancellation of a |
---|
564 | 564 | | meeting. |
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565 | 565 | | (b) The provisions of these Rules shall be considered rules of the committee. COUNCIL RULES, PERIOD XXV I |
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566 | 566 | | |
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567 | 567 | | 17 |
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568 | 568 | | |
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569 | 569 | | (c) When these Rules are silent, a committee may adopt additional rules. Committee rules |
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570 | 570 | | adopted under this section shall be consistent with these Rules and other applicable law and shall |
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571 | 571 | | be filed with the Secretary and posted on the Council website. |
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572 | 572 | | 227. COMMITTEE-ACTIVITY REPORT. |
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573 | 573 | | Each committee shall file a committee-activity report before the end of each Council |
---|
574 | 574 | | Period that details the committee’s oversight and legislative activities during that Council Period. |
---|
575 | 575 | | The format and content of the committee-activity report shall be determined by the Secretary. |
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576 | 576 | | D. STANDING COMMITTEES. |
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577 | 577 | | 231. COMMITTEE OF THE WHOLE. |
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578 | 578 | | (a) The Committee of the Whole is responsible for the annual budget, including |
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579 | 579 | | amendments, additions, or supplements to the budget, any revised, supplemental, or deficiency |
---|
580 | 580 | | budget, and other matters pertaining to the budget; coordinating the Council’s relationships with |
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581 | 581 | | the Congress and the Federal executive branch; monitoring the progress of Council legislation |
---|
582 | 582 | | through Congress; monitoring the status of original legislative proposals in Congress that may |
---|
583 | 583 | | affect the District, the Council, or its legislation; amendments to the District Charter; Council |
---|
584 | 584 | | appointments to boards and commissions; public space naming; street and alley acquisition and |
---|
585 | 585 | | closing; reapportionment and realignment of the political subdivisions of the District; Council |
---|
586 | 586 | | administration and personnel; the scheduling of all matters for consideration by the Council in |
---|
587 | 587 | | the legislative meeting; legislative matters related to the District as a political entity, including |
---|
588 | 588 | | self-determination and statehood; matters affecting the Freedom of Information Act; |
---|
589 | 589 | | coordinating the Council’s relationships with appropriate regional, state, and national |
---|
590 | 590 | | associations and ornizations; the Council’s relationship with regional authorities and other |
---|
591 | 591 | | regional bodies and ornizations not specifically assigned to other committees; all matters |
---|
592 | 592 | | related to public education, including matters exclusively concerning the University of the |
---|
593 | 593 | | District of Columbia or the Community College of the District of Columbia; District employees’ |
---|
594 | 594 | | retirement; the development of the Comprehensive Plan and other matters pertaining to land use; |
---|
595 | 595 | | revision and codification of Title 49 of the D.C. Official Code; international business and affairs; |
---|
596 | 596 | | all matters relating to building plans, construction permits, building inspections, building |
---|
597 | 597 | | maintenance, and building safety; and other matters assigned to it by these Rules or by the |
---|
598 | 598 | | Chairman. |
---|
599 | 599 | | (b) The Chairman is the chairperson of the Committee of the Whole, and its members |
---|
600 | 600 | | include all members of the Council. The Committee of the Whole shall meet on the third |
---|
601 | 601 | | Tuesday of each month, except during periods of Council Recess, in a work session to consider |
---|
602 | 602 | | measures that have been reported and timely filed by committees pursuant to subsection (c) of |
---|
603 | 603 | | this section. The Chairman shall prepare the agenda for each meeting of the Committee of the |
---|
604 | 604 | | Whole. The Chairman may not withhold a measure properly reported and timely filed by another |
---|
605 | 605 | | committee from the agenda of a regular Committee of the Whole meeting, and the Chairman COUNCIL RULES, PERIOD XXV I |
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606 | 606 | | |
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607 | 607 | | 18 |
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608 | 608 | | |
---|
609 | 609 | | may not hold a measure in the Committee of the Whole that has been properly reported by |
---|
610 | 610 | | another committee unless the Committee of the Whole votes to table, postpone, or recommit the |
---|
611 | 611 | | measure. |
---|
612 | 612 | | (c)(1) Except as provided in Rule 314, each measure reported by the committees of the |
---|
613 | 613 | | Council identified in Rules 232 to 241 shall be referred to the Committee of the Whole for a |
---|
614 | 614 | | review of its lel sufficiency and technical compliance with the drafting rules of the Council; |
---|
615 | 615 | | for ascertaining completion of the record; for a determination of the sufficiency of the fiscal |
---|
616 | 616 | | impact statement; and for scheduling for a legislative meeting. |
---|
617 | 617 | | (2) No measure may be reported by a committee for consideration at the |
---|
618 | 618 | | Committee of the Whole unless the measure was accompanied by a fiscal impact statement and a |
---|
619 | 619 | | lel sufficiency determination, as required by Rules 309 and 310, respectively, at the time of |
---|
620 | 620 | | committee markup. |
---|
621 | 621 | | (3) A measure and accompanying committee report, reported by a committee for |
---|
622 | 622 | | consideration at the Committee of the Whole, may be presented by the chairperson of the |
---|
623 | 623 | | committee or by another member of the committee designated by the chairperson of the |
---|
624 | 624 | | committee. In the absence of the chairperson of the committee and the designation of a member |
---|
625 | 625 | | of the committee, the Chairman shall present the measure and committee report for consideration |
---|
626 | 626 | | at the Committee of the Whole. |
---|
627 | 627 | | (4) If amendments have been made to a measure by a committee that are |
---|
628 | 628 | | substantial and outside the legislative jurisdiction of the committee, the Chairman may refer the |
---|
629 | 629 | | measure to the relevant committee before the legislation is scheduled for a legislative meeting. |
---|
630 | 630 | | (5) The Secretary shall prepare a log of committee reports that have been filed |
---|
631 | 631 | | timely for review by the Committee of the Whole. The log may be updated to reflect additional |
---|
632 | 632 | | filings as of noon on the third business day before the Committee of the Whole meeting. |
---|
633 | 633 | | (d) Notwithstanding any other provision of the Rules, the Committee of the Whole may |
---|
634 | 634 | | hold a hearing or roundtable, or conduct an investition, on any matter relating to District |
---|
635 | 635 | | affairs. |
---|
636 | 636 | | (e) The following agencies come within the purview of the Committee of the Whole: |
---|
637 | 637 | | Board for the Condemnation of Insanitary Buildings |
---|
638 | 638 | | Board of Review of Anti-Deficiency Violations |
---|
639 | 639 | | Commission on the Arts and Humanities |
---|
640 | 640 | | Council of the District of Columbia |
---|
641 | 641 | | Department of Buildings (including construction codes) |
---|
642 | 642 | | Deputy Mayor for Education |
---|
643 | 643 | | District of Columbia Auditor COUNCIL RULES, PERIOD XXV I |
---|
644 | 644 | | |
---|
645 | 645 | | 19 |
---|
646 | 646 | | |
---|
647 | 647 | | District of Columbia Public Charter Schools |
---|
648 | 648 | | District of Columbia Public Schools |
---|
649 | 649 | | District of Columbia Retirement Board (including its plans) |
---|
650 | 650 | | District of Columbia State Athletics Commission |
---|
651 | 651 | | Historic Preservation Review Board |
---|
652 | 652 | | Interstate Compact Commissions |
---|
653 | 653 | | Law Revision Commission |
---|
654 | 654 | | Metropolitan Washington Airports Authority |
---|
655 | 655 | | Metropolitan Washington Council of Governments |
---|
656 | 656 | | National Capital Planning Commission |
---|
657 | 657 | | OCFO Office of Budget and Planning |
---|
658 | 658 | | Office of Planning (including commemorative works) |
---|
659 | 659 | | Office of the State Superintendent of Education |
---|
660 | 660 | | Office of Zoning, including Zoning Commission and Board of Zoning Appeals |
---|
661 | 661 | | Other Post-Employment Benefits/Retiree Health Contribution |
---|
662 | 662 | | Pay-As-You-Go Capital |
---|
663 | 663 | | Research Practice Partnership |
---|
664 | 664 | | State Board of Education (including ombudsman and advocate) |
---|
665 | 665 | | Statehood Commission and deletion |
---|
666 | 666 | | Tax Revision Commission |
---|
667 | 667 | | Tobacco Settlement Financing Corporation |
---|
668 | 668 | | University of the District of Columbia |
---|
669 | 669 | | |
---|
670 | 670 | | 232. COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT . |
---|
671 | 671 | | (a) The Committee on Business and Economic Development is responsible for matters |
---|
672 | 672 | | concerning small and local business development policy; matters related to economic, industrial, |
---|
673 | 673 | | and commercial development; the disposition of property for economic development purposes; |
---|
674 | 674 | | joint jurisdiction with the Committee on Housing for New Communities; the regulation of |
---|
675 | 675 | | alcoholic beverages and cannabis; public utilities; the establishment and oversight of business |
---|
676 | 676 | | improvement districts (“BIDs”); matters relating to taxation and revenue for the operation of the |
---|
677 | 677 | | government of the District of Columbia; industrial-revenue bonds; general-oblition bond acts |
---|
678 | 678 | | and revenue anticipation notes; and the regulation of banks and banking activities, securities, and |
---|
679 | 679 | | insurance, including private health insurance, but not including the Health Benefit Exchange. |
---|
680 | 680 | | (b) The following agencies come within the purview of the Committee on Business and |
---|
681 | 681 | | Economic Development: |
---|
682 | 682 | | Alcoholic Beverage and Cannabis Administration |
---|
683 | 683 | | Board of Accountancy |
---|
684 | 684 | | Board of Architecture, Interior Design, and Landscape Architecture COUNCIL RULES, PERIOD XXV I |
---|
685 | 685 | | |
---|
686 | 686 | | 20 |
---|
687 | 687 | | |
---|
688 | 688 | | Board of Barber and Cosmetology |
---|
689 | 689 | | Board of Consumer Claims Arbitration for the District of Columbia |
---|
690 | 690 | | Board of Funeral Directors |
---|
691 | 691 | | Board of Professional Engineering |
---|
692 | 692 | | Captive Insurance Agency |
---|
693 | 693 | | Combat Sports Commission |
---|
694 | 694 | | Office of and Commission on Nightlife and Culture |
---|
695 | 695 | | Department of Insurance, Securities and Banking |
---|
696 | 696 | | Department of Small and Local Business Development |
---|
697 | 697 | | Deputy Mayor for Planning and Economic Development |
---|
698 | 698 | | Destination DC |
---|
699 | 699 | | Multistate Tax Commission |
---|
700 | 700 | | Office of Lottery and Gaming |
---|
701 | 701 | | Office of the Chief Financial Officer (excluding the Office of Budget and Planning) |
---|
702 | 702 | | Office of the People’s Counsel |
---|
703 | 703 | | Public Service Commission |
---|
704 | 704 | | Real Property Tax Appeals Commission |
---|
705 | 705 | | St. Elizabeth’s East Redevelopment Initiative Advisory Board |
---|
706 | 706 | | Washington Convention and Sports Authority (Events DC) |
---|
707 | 707 | | |
---|
708 | 708 | | 233. COMMITTEE ON EXECUTIVE ADMINISTRATION AND LABOR. |
---|
709 | 709 | | (a) The Committee on Executive Administration and Labor is responsible for matters |
---|
710 | 710 | | related to the Executive Office of the Mayor; matters related to seniors; elections and campaign |
---|
711 | 711 | | finance; labor relations; matters related to workforce development; and employment. |
---|
712 | 712 | | |
---|
713 | 713 | | (b) The following agencies come within the purview of the Committee on Executive |
---|
714 | 714 | | Administration and Labor: |
---|
715 | 715 | | |
---|
716 | 716 | | Adult Career Pathways Task Force |
---|
717 | 717 | | Advisory Committee on Community Use of Public Space |
---|
718 | 718 | | Age-Friendly DC Task Force |
---|
719 | 719 | | City Administrator |
---|
720 | 720 | | Commission on Aging |
---|
721 | 721 | | Commission on the Martin Luther King, Jr. Holiday |
---|
722 | 722 | | Commission on Poverty |
---|
723 | 723 | | Department of Aging and Community Living |
---|
724 | 724 | | Department of Employment Services |
---|
725 | 725 | | Department of Human Resources |
---|
726 | 726 | | District of Columbia Board of Elections |
---|
727 | 727 | | Employees’ Compensation Fund COUNCIL RULES, PERIOD XXV I |
---|
728 | 728 | | |
---|
729 | 729 | | 21 |
---|
730 | 730 | | |
---|
731 | 731 | | Executive Office of the Mayor |
---|
732 | 732 | | Financial Literacy Council |
---|
733 | 733 | | Inspector General |
---|
734 | 734 | | Labor/Management Partnership Council |
---|
735 | 735 | | Mayor’s Office of Community Affairs |
---|
736 | 736 | | Mayor’s Office of Lel Counsel |
---|
737 | 737 | | Mayor’s Office on Volunteerism and Partnerships |
---|
738 | 738 | | Office of Campaign Finance |
---|
739 | 739 | | Office of Employee Appeals |
---|
740 | 740 | | Office of Labor Relations and Collective Barining |
---|
741 | 741 | | Public Employee Relations Board |
---|
742 | 742 | | Secretary of the District of Columbia |
---|
743 | 743 | | Unemployment Insurance Trust Fund |
---|
744 | 744 | | Universal Paid Leave Fund |
---|
745 | 745 | | Workforce Investment Council |
---|
746 | 746 | | |
---|
747 | 747 | | 234. COMMITTEE ON FACILITIES. |
---|
748 | 748 | | (a) The Committee on Facilities is responsible for matters concerning disability services; |
---|
749 | 749 | | parks and recreation; Caribbean affairs; and matters relating to the maintenance of public |
---|
750 | 750 | | buildings and property management, including the declaration of government property as no |
---|
751 | 751 | | longer required for public purposes. |
---|
752 | 752 | | (b) The following agencies come within the purview of the Committee on Facilities: |
---|
753 | 753 | | Commission on Persons with Disabilities |
---|
754 | 754 | | Department of Buildings (jointly, only for oversight purposes, with the Committee of the |
---|
755 | 755 | | Whole) |
---|
756 | 756 | | Department of General Services |
---|
757 | 757 | | Department on Disability Services |
---|
758 | 758 | | Department of Parks and Recreation |
---|
759 | 759 | | Developmental Disabilities State Planning Council |
---|
760 | 760 | | Office on Caribbean Affairs (including Advisory Committee) |
---|
761 | 761 | | Office for the Deaf, Deafblind, and Hard of Hearing |
---|
762 | 762 | | Office of Disability Rights |
---|
763 | 763 | | State Rehabilitation Council |
---|
764 | 764 | | Statewide Independent Living Council |
---|
765 | 765 | | COUNCIL RULES, PERIOD XXV I |
---|
766 | 766 | | |
---|
767 | 767 | | 22 |
---|
768 | 768 | | |
---|
769 | 769 | | 235. COMMITTEE ON HEALTH. |
---|
770 | 770 | | (a) The Committee on Health is responsible for matters concerning health, including |
---|
771 | 771 | | environmental health and health equity; and the regulation of health occupations and professions |
---|
772 | 772 | | and health care inspectors. |
---|
773 | 773 | | (b) The following agencies come within the purview of the Committee on Health: |
---|
774 | 774 | | All of the advisory committees and professional boards serving the Department of Health |
---|
775 | 775 | | or Department of Behavioral Health |
---|
776 | 776 | | Behavioral Health Planning Council |
---|
777 | 777 | | Cedar Hill Hospital |
---|
778 | 778 | | Commission on Health Equity |
---|
779 | 779 | | Council on Physical Fitness, Health, and Nutrition |
---|
780 | 780 | | Department of Behavioral Health |
---|
781 | 781 | | Department of Health |
---|
782 | 782 | | Department of Health Care Finance |
---|
783 | 783 | | Deputy Mayor for Health and Human Services |
---|
784 | 784 | | District of Columbia Health Benefit Exchange Authority |
---|
785 | 785 | | Food Policy Council |
---|
786 | 786 | | Health Information Exchange Policy Board |
---|
787 | 787 | | Health Literacy Council |
---|
788 | 788 | | Metropolitan Washington Regional Ryan White Planning Council |
---|
789 | 789 | | Not-For-Profit Hospital Corporation |
---|
790 | 790 | | Statewide Health Coordinating Council |
---|
791 | 791 | | |
---|
792 | 792 | | 236. COMMITTEE ON HOUSING. |
---|
793 | 793 | | (a) The Committee on Housing is responsible for matters relating to the development, |
---|
794 | 794 | | maintenance, preservation, and regulation of housing stock, including rental housing and public |
---|
795 | 795 | | housing; neighborhood revitalization, development, improvement, and stabilization; joint |
---|
796 | 796 | | jurisdiction for the purpose of oversight (not legislation) with the Committee on Business and |
---|
797 | 797 | | Economic Development for New Communities; urban affairs; housing vouchers; matters |
---|
798 | 798 | | rerding Advisory Neighborhood Commissions; and matters rerding returning citizens. |
---|
799 | 799 | | (b) The following agencies come within the purview of the Committee on Housing: |
---|
800 | 800 | | Advisory Neighborhood Commissions, including the Office of Advisory Neighborhood |
---|
801 | 801 | | Commissions |
---|
802 | 802 | | Board of Real Estate Appraisers |
---|
803 | 803 | | Commission and Office on Re-Entry and Returning Citizen Affairs |
---|
804 | 804 | | Department of Housing and Community Development COUNCIL RULES, PERIOD XXV I |
---|
805 | 805 | | |
---|
806 | 806 | | 23 |
---|
807 | 807 | | |
---|
808 | 808 | | District of Columbia Housing Authority |
---|
809 | 809 | | Housing Finance Agency |
---|
810 | 810 | | Housing Production Trust Fund |
---|
811 | 811 | | Office on Returning Citizen Affairs |
---|
812 | 812 | | Office of the Tenant Advocate |
---|
813 | 813 | | Real Estate Commission |
---|
814 | 814 | | Rental Housing Commission |
---|
815 | 815 | | |
---|
816 | 816 | | 237. COMMITTEE ON HUMAN SERVICES. |
---|
817 | 817 | | (a) The Committee on Human Services is responsible for matters relating to human |
---|
818 | 818 | | services; homelessness; housing voucher placement and related services; public libraries; cable |
---|
819 | 819 | | television and entertainment; and Latino and Asian and Pacific Islander affairs. |
---|
820 | 820 | | (b) The following agencies come within the purview of the Committee on Human |
---|
821 | 821 | | Services: |
---|
822 | 822 | | Commission on Latino Community Development |
---|
823 | 823 | | Department of Human Services |
---|
824 | 824 | | District of Columbia Public Library System |
---|
825 | 825 | | Interagency Council on Homelessness |
---|
826 | 826 | | Office and Commission on Asian and Pacific Islanders Affairs |
---|
827 | 827 | | Office of Cable Television, Film, Music and Entertainment |
---|
828 | 828 | | Office and Commission on Fathers, Men, and Boys |
---|
829 | 829 | | Office and Commission on Latino Affairs |
---|
830 | 830 | | Public Access Corporation |
---|
831 | 831 | | |
---|
832 | 832 | | 238. COMMITTEE ON THE JUDICIARY AND PUBLIC SAFETY. |
---|
833 | 833 | | (a) The Committee on the Judiciary and Public Safety is responsible for matters affecting |
---|
834 | 834 | | the judiciary and lel systems; matters affecting criminal law, procedure, and justice; juvenile |
---|
835 | 835 | | justice; public safety, including policing, violence prevention and intervention, and civilian |
---|
836 | 836 | | police oversight; access to justice; family law, probate, and estates; fire, emergency medical |
---|
837 | 837 | | services, and 9-1-1 and 3-1-1; homeland security; adult and youth corrections; forensic science; |
---|
838 | 838 | | fatality review and medical examination; victim services and justice grants; child support; |
---|
839 | 839 | | government ethics; and issues related to women. The Committee shall also serve as the Council’s |
---|
840 | 840 | | liaison to federal partners in the justice system, including the District of Columbia courts; the |
---|
841 | 841 | | United States Attorney for the District of Columbia; the Public Defender Service for the District |
---|
842 | 842 | | of Columbia; the Court Services and Offender Supervision Agency; the Pretrial Services |
---|
843 | 843 | | Agency; the Federal Bureau of Prisons; and the United States Parole Commission. COUNCIL RULES, PERIOD XXV I |
---|
844 | 844 | | |
---|
845 | 845 | | 24 |
---|
846 | 846 | | |
---|
847 | 847 | | (b) The following agencies come within the purview of the Committee on the Judiciary |
---|
848 | 848 | | and Public Safety: |
---|
849 | 849 | | Access to Justice Initiative |
---|
850 | 850 | | Board of Ethics and Government Accountability |
---|
851 | 851 | | Child Support Guideline Commission |
---|
852 | 852 | | Clemency Board |
---|
853 | 853 | | Commission on Judicial Disabilities and Tenure |
---|
854 | 854 | | Commission on Women |
---|
855 | 855 | | Corrections Information Council |
---|
856 | 856 | | Criminal Code Reform Commission |
---|
857 | 857 | | Criminal Justice Coordinating Council |
---|
858 | 858 | | Department of Corrections |
---|
859 | 859 | | Department of Forensic Sciences (including Science Advisory Board) |
---|
860 | 860 | | Deputy Mayor for Public Safety and Justice |
---|
861 | 861 | | District of Columbia National Guard |
---|
862 | 862 | | District of Columbia Sentencing Commission |
---|
863 | 863 | | Fire and Emergency Medical Services Department |
---|
864 | 864 | | Homeland Security and Emergency Management Agency |
---|
865 | 865 | | Judicial Nomination Commission |
---|
866 | 866 | | Metropolitan Police Department |
---|
867 | 867 | | Office of Neighborhood Safety and Engement |
---|
868 | 868 | | Office of Police Complaints |
---|
869 | 869 | | Office of the Attorney General for the District of Columbia |
---|
870 | 870 | | Office of the Chief Medical Examiner (including all of the fatality review committees at |
---|
871 | 871 | | the Office of the Chief Medical Examiner) |
---|
872 | 872 | | Office of Unified Communications |
---|
873 | 873 | | Office of Victim Services and Justice Grants |
---|
874 | 874 | | Office on Women’s Policy and Initiatives |
---|
875 | 875 | | Uniform Law Commission |
---|
876 | 876 | | |
---|
877 | 877 | | 239. COMMITTEE ON PUBLIC WORKS AND OPERATIONS. |
---|
878 | 878 | | (a) The Committee on Public Works and Operations is responsible for matters relating to |
---|
879 | 879 | | the general operation and service of government, including procurement; human rights; |
---|
880 | 880 | | partnerships and grants management; matters relating to lesbian, y bisexual, transgender, and |
---|
881 | 881 | | questioning affairs; veterans affairs; matters affecting administrative law and procedure; |
---|
882 | 882 | | consumer and regulatory affairs; recycling; waste management; and regulation of for-hire |
---|
883 | 883 | | vehicles. COUNCIL RULES, PERIOD XXV I |
---|
884 | 884 | | |
---|
885 | 885 | | 25 |
---|
886 | 886 | | |
---|
887 | 887 | | (b) The following agencies come within the purview of the Committee on Public Works |
---|
888 | 888 | | and Operations: |
---|
889 | 889 | | |
---|
890 | 890 | | Advisory Committee on Street Harassment |
---|
891 | 891 | | Board of Industrial Trades |
---|
892 | 892 | | Commission on Fashion Arts and Events |
---|
893 | 893 | | Contract Appeals Board |
---|
894 | 894 | | Department of For-Hire Vehicles |
---|
895 | 895 | | Department of Licensing and Consumer Protection |
---|
896 | 896 | | Department of Public Works |
---|
897 | 897 | | Interfaith Council |
---|
898 | 898 | | Office of Administrative Hearings |
---|
899 | 899 | | Office of Contracting and Procurement |
---|
900 | 900 | | Office of and Commission on Human Rights |
---|
901 | 901 | | Office of Lesbian, Gay, Bisexual, Transgender, and Questioning Affairs |
---|
902 | 902 | | Office of Risk Management |
---|
903 | 903 | | Office of the Chief Technology Officer |
---|
904 | 904 | | Office of Veterans Affairs, including the Advisory Board |
---|
905 | 905 | | Office on Religious Affairs, including Interfaith Council |
---|
906 | 906 | | |
---|
907 | 907 | | |
---|
908 | 908 | | 240. COMMITTEE ON TRANSPORTATION AND THE ENVIRONMENT. |
---|
909 | 909 | | (a) The Committee on Transportation and the Environment is responsible for matters |
---|
910 | 910 | | relating to environmental protection; highways, bridges, traffic, vehicles, and other transportation |
---|
911 | 911 | | issues; maintenance of public spaces; waterways; and water supply and wastewater treatment. |
---|
912 | 912 | | (b) The following agencies come within the purview of the Committee on Transportation |
---|
913 | 913 | | and the Environment: |
---|
914 | 914 | | Bicycle Advisory Council |
---|
915 | 915 | | Commission on Climate Change and Resiliency |
---|
916 | 916 | | Department of Energy and Environment |
---|
917 | 917 | | Department of Motor Vehicles |
---|
918 | 918 | | District Department of Transportation |
---|
919 | 919 | | District of Columbia Water and Sewer Authority |
---|
920 | 920 | | Green Buildings Advisory Council |
---|
921 | 921 | | Green Finance Authority |
---|
922 | 922 | | Pedestrian Advisory Council |
---|
923 | 923 | | Soil and Water Conservation District |
---|
924 | 924 | | Sustainable Energy Utility COUNCIL RULES, PERIOD XXV I |
---|
925 | 925 | | |
---|
926 | 926 | | 26 |
---|
927 | 927 | | |
---|
928 | 928 | | Washington Aqueduct |
---|
929 | 929 | | Washington Metropolitan Area Transit Authority |
---|
930 | 930 | | Washington Metrorail Safety Commission |
---|
931 | 931 | | 241. COMMITTEE ON YOUTH AFFAIRS. |
---|
932 | 932 | | (a) The Committee on Youth Affairs is responsible for matters relating to African, |
---|
933 | 933 | | African American, and youth affairs (including juvenile justice). |
---|
934 | 934 | | (b) The following agencies come within the purview of the Committee on Youth Affairs: |
---|
935 | 935 | | Child and Family Services Agency |
---|
936 | 936 | | Citizen Review Panel on Child Abuse and Neglect |
---|
937 | 937 | | Department of Youth Rehabilitation Services |
---|
938 | 938 | | Juvenile Abscondence Review Committee |
---|
939 | 939 | | Office and Commission on African Affairs |
---|
940 | 940 | | Office and Commission on African American Affairs |
---|
941 | 941 | | Office of the Attorney General (jointly, only for oversight purposes, with the Committee |
---|
942 | 942 | | on the Judiciary and Public Safety) |
---|
943 | 943 | | Office of the Ombudsperson for Children |
---|
944 | 944 | | |
---|
945 | 945 | | E. CREATION OF SUBCOMMITTEES. |
---|
946 | 946 | | 245. SUBCOMMITTEES. |
---|
947 | 947 | | The Chairman shall nominate the chairperson and members of each subcommittee of the |
---|
948 | 948 | | Council. The Council shall, by resolution, act on the Chairman’s nominations. A subcommittee |
---|
949 | 949 | | may use subpoenas to obtain testimony or documents only if the standing committee of which it |
---|
950 | 950 | | is a subcommittee authorizes the issuance of subpoenas. Each bill or resolution reported by a |
---|
951 | 951 | | subcommittee shall be referred to its standing committee for a vote and scheduling for the |
---|
952 | 952 | | Committee of the Whole. Subcommittees shall comply with the requirements of these Rules and |
---|
953 | 953 | | those of the standing committee of which it is a subcommittee. |
---|
954 | 954 | | F. SPECIAL COMMITTEES AND SPECIAL PROJECTS. |
---|
955 | 955 | | 251. SPECIAL COMMITTEES. |
---|
956 | 956 | | The Council may, by resolution introduced by the Chairman, establish a special |
---|
957 | 957 | | committee to consider investitions, ethics, or other matters. The resolution shall set forth the |
---|
958 | 958 | | jurisdiction, size, duration, subpoena authority pursuant to Rules 601(a) and 611, and date for |
---|
959 | 959 | | final action of the special committee. COUNCIL RULES, PERIOD XXV I |
---|
960 | 960 | | |
---|
961 | 961 | | 27 |
---|
962 | 962 | | |
---|
963 | 963 | | 252. SPECIAL PROJECTS. |
---|
964 | 964 | | The Council may, by resolution introduced by the Chairman, establish a special project |
---|
965 | 965 | | related to policy development or oversight. The resolution shall set forth the timetable, budget, |
---|
966 | 966 | | goals, and deliverables of the special project, and specify whether the project will be undertaken |
---|
967 | 967 | | by a standing or special committee, or another method of ornization. |
---|
968 | 968 | | G. APPOINTED OFFICERS OF THE COUNCIL. |
---|
969 | 969 | | 261. APPOINTMENT OF OFFICERS. |
---|
970 | 970 | | The appointed officers of the Council are the Secretary, General Counsel, and Budget |
---|
971 | 971 | | Director. The Chairman shall recommend the assignment and removal of these officers, and the |
---|
972 | 972 | | Council shall, by resolution, act on the Chairman’s recommendation. |
---|
973 | 973 | | 262. SECRETARY. |
---|
974 | 974 | | (a) The Secretary is the chief administrative officer of the Council and is responsible for |
---|
975 | 975 | | maintaining records of Council actions including the filing of bills and proposed resolutions, |
---|
976 | 976 | | amendments to bills and resolutions, requests for hearings, notices of committee meetings, |
---|
977 | 977 | | committee reports, and other records and reports assigned by these Rules, the Council, or the |
---|
978 | 978 | | Chairman, and for proposing and administering the fiscal year budget of the Council. The |
---|
979 | 979 | | Secretary shall only disburse funds for the direct operating expenses in the office of a Member or |
---|
980 | 980 | | Officer. |
---|
981 | 981 | | (b) There is established a Council Office of Racial Equity under the Secretary to the |
---|
982 | 982 | | Council, which shall be managed by a Director of Racial Equity. The Council Office of Racial |
---|
983 | 983 | | Equity shall: |
---|
984 | 984 | | (1) Produce racial equity training materials and provide ongoing racial equity |
---|
985 | 985 | | training for Councilmembers and staff; |
---|
986 | 986 | | (2) Issue Racial Equity Impact Assessments pursuant to Rule 311; |
---|
987 | 987 | | (3) Coordinate and collaborate with the Judicial and Executive branches, |
---|
988 | 988 | | including the Office of Racial Equity within the Office of the City Administrator and the Racial |
---|
989 | 989 | | Equity Advisory Board, on matters of advancing racial equity; and |
---|
990 | 990 | | (4) Accept public comment on any aspect of its duties or on matters related to |
---|
991 | 991 | | racial equity before the Council. COUNCIL RULES, PERIOD XXV I |
---|
992 | 992 | | |
---|
993 | 993 | | 28 |
---|
994 | 994 | | |
---|
995 | 995 | | 263. GENERAL COUNSEL. |
---|
996 | 996 | | (a) The General Counsel is responsible for providing lel advice as provided in |
---|
997 | 997 | | subsection (b) of this section; providing representation for the Council in any pending lel |
---|
998 | 998 | | action to which the Council is a party or in which the Chairman determines that the Council has a |
---|
999 | 999 | | significant interest; initiating lawsuits on behalf of the Council upon authorization by resolution |
---|
1000 | 1000 | | of the Council; providing lel representation for a Member or employee consistent with |
---|
1001 | 1001 | | subsection (c) of this section for actions taken within the scope of the Member or employee’s |
---|
1002 | 1002 | | official duties and in which the Chairman determines that the Council has a significant interest; |
---|
1003 | 1003 | | retaining and supervising outside counsel as appropriate to conduct investitions and provide |
---|
1004 | 1004 | | lel advice or representation to the Council, its Members, or employees; apprising the Council |
---|
1005 | 1005 | | of developments in the law relating to Council legislation; supervising the publication of the |
---|
1006 | 1006 | | District of Columbia Official Code; preparing technical-amendment and enactment bills; |
---|
1007 | 1007 | | providing legislative-drafting assistance to all Members and staff; engrossing and enrolling |
---|
1008 | 1008 | | measures, including making necessary technical and conforming changes; ascertaining the lel |
---|
1009 | 1009 | | sufficiency of legislation and preparing lel sufficiency determinations pursuant to Rule 310; |
---|
1010 | 1010 | | identifying legislative concerns and providing Members with alternative policy options to solve |
---|
1011 | 1011 | | those concerns; advising the Council on matters of parliamentary procedure; compiling the |
---|
1012 | 1012 | | parliamentary precedents of the Council; and providing support to the Law Revision |
---|
1013 | 1013 | | Commission. The General Counsel, following consultation with the Chairman, may make a |
---|
1014 | 1014 | | request of the Office of the Attorney General for lel representation for a Member or employee |
---|
1015 | 1015 | | for actions taken within the scope of the Member or employee’s official duties or for matters in |
---|
1016 | 1016 | | which the Council has a significant interest. |
---|
1017 | 1017 | | (b) The General Counsel and the attorneys within the Office of the General Counsel |
---|
1018 | 1018 | | (“OGC”) shall, as a general matter, maintain confidentiality with respect to their discussions with |
---|
1019 | 1019 | | Members and Council employees rerding legislation, lel advice on issues related to Council |
---|
1020 | 1020 | | business, and ethics guidance. However, an attorney-client relationship exists only between the |
---|
1021 | 1021 | | General Counsel/OGC and the Council as a body, and not between the General Counsel/OGC |
---|
1022 | 1022 | | and any individual Member or Council employee. Accordingly, the Council, by resolution, may |
---|
1023 | 1023 | | direct the General Counsel to reveal otherwise confidentially held discussions or information, |
---|
1024 | 1024 | | including ethics advice, shared between the General Counsel or any OGC attorney and any |
---|
1025 | 1025 | | individual Member or Council employee, if the Council finds that the discussions or information |
---|
1026 | 1026 | | are integral to an investition of or alletion ainst a Councilmember or Council employee. |
---|
1027 | 1027 | | (c) The General Counsel shall not represent a Member or Council employee whenever |
---|
1028 | 1028 | | the alleged conduct with rerd to which the Member or employee desires representation does |
---|
1029 | 1029 | | not reasonably appear to have been performed within the scope of his or her official duties, such |
---|
1030 | 1030 | | as conduct that is the subject of criminal proceedings or proceedings before the Board of Ethics |
---|
1031 | 1031 | | and Accountability or the Office of the Inspector General. |
---|
1032 | 1032 | | (d) The General Counsel shall serve as Ethics Counselor for the Council. COUNCIL RULES, PERIOD XXV I |
---|
1033 | 1033 | | |
---|
1034 | 1034 | | 29 |
---|
1035 | 1035 | | |
---|
1036 | 1036 | | 264. BUDGET DIRECTOR. |
---|
1037 | 1037 | | The Budget Director is responsible for advising Councilmembers on budget-related |
---|
1038 | 1038 | | matters; coordinating the development of the annual budget and financial plans and related |
---|
1039 | 1039 | | legislation, including any proposed revised, supplemental, or deficiency budget; certifying |
---|
1040 | 1040 | | committee budget reports pursuant to Rule 703(b)(2); and issuing fiscal impact statements |
---|
1041 | 1041 | | pursuant to Rule 309. The Budget Director also is responsible for issuing policy and economic |
---|
1042 | 1042 | | impact analyses pursuant to Rule 308, conducting research on matters of interest to the Council, |
---|
1043 | 1043 | | and assisting the Council with performance oversight. The Budget Director serves as a resource |
---|
1044 | 1044 | | for all Councilmembers and committees. |
---|
1045 | 1045 | | H. COUNCIL PERSONNEL AND APPOINTMENTS. |
---|
1046 | 1046 | | 271. SUBORDINATE STAFF OF APPOINTED OFFICERS. |
---|
1047 | 1047 | | The appointed officers may assign, remove, and determine the remuneration for their |
---|
1048 | 1048 | | respective professional and clerical staffs, subject to appropriations and positions allocated by |
---|
1049 | 1049 | | the Council. |
---|
1050 | 1050 | | 272. COMMITTEE STAFF. |
---|
1051 | 1051 | | (a) The chairperson of each committee shall appoint and shall present for the approval by |
---|
1052 | 1052 | | resolution of the committee at the first committee meeting of the Council Period the names and |
---|
1053 | 1053 | | titles of each committee staff person. Subsequent appointments shall be presented for approval of |
---|
1054 | 1054 | | committee members at the meeting of the committee following the appointment. Staff |
---|
1055 | 1055 | | appointments shall be filed with the Secretary. |
---|
1056 | 1056 | | (b) The chairperson shall determine the remuneration for the staff of the committee, |
---|
1057 | 1057 | | subject to appropriations and positions allocated by the Council. |
---|
1058 | 1058 | | (c) The chairperson of each committee may remove staff and shall notify the members of |
---|
1059 | 1059 | | the committee of such action within 3 business days. |
---|
1060 | 1060 | | (d) In the case of a vacancy in the Office of a Councilmember who chairs a committee or |
---|
1061 | 1061 | | a reornization of Council committees, the committee staff may be transferred to the |
---|
1062 | 1062 | | supervision of the Chairman. |
---|
1063 | 1063 | | 273. COUNCILMEMBERS ’ PERSONAL STAFF. |
---|
1064 | 1064 | | (a) Each Councilmember may assign, remove, and determine the remuneration for the |
---|
1065 | 1065 | | Councilmember’s personal staff, subject to appropriations and positions allocated by the |
---|
1066 | 1066 | | Council. COUNCIL RULES, PERIOD XXV I |
---|
1067 | 1067 | | |
---|
1068 | 1068 | | 30 |
---|
1069 | 1069 | | |
---|
1070 | 1070 | | (b) In the case of a vacancy in the Office of a Councilmember, the employees of the |
---|
1071 | 1071 | | Councilmember’s personal office may be transferred to the supervision of the Chairman. |
---|
1072 | 1072 | | 274. SEPARATION PAY AND BUDGET ACCOUNTING. |
---|
1073 | 1073 | | (a) Notwithstanding Rules 271, 272, and 273, when an employee is separated for non- |
---|
1074 | 1074 | | disciplinary reasons, a Councilmember may authorize severance pay as provided by law. |
---|
1075 | 1075 | | (b) If it is known that a Councilmember will be in office for a time period that is less than |
---|
1076 | 1076 | | the remaining fiscal year, the Councilmember’s budget shall be adjusted to account for the time |
---|
1077 | 1077 | | to be served, unless the Council otherwise authorizes, by resolution, a different amount. |
---|
1078 | 1078 | | 275. COUNCIL APPOINTMENT TO OTHER BODIES. |
---|
1079 | 1079 | | When the law provides for the Council to appoint an individual to another body, the |
---|
1080 | 1080 | | Chairman shall nominate an individual and the Council shall act, by resolution, on the |
---|
1081 | 1081 | | nomination. Unless the General Counsel advises ainst doing so to maintain the separation of |
---|
1082 | 1082 | | powers under the District Charter, a Council appointee shall report to the Council on a periodic |
---|
1083 | 1083 | | basis and the Council may instruct, by resolution, its representative as to the position to take on a |
---|
1084 | 1084 | | particular matter. |
---|
1085 | 1085 | | 276. APPOINTMENT BY COMMITTEES AND MEMBERS. |
---|
1086 | 1086 | | (a) When the law provides for a committee to appoint an individual to another body, the |
---|
1087 | 1087 | | committee shall, by resolution, act on the appointment. |
---|
1088 | 1088 | | (b) When the law provides for a Councilmember to appoint or designate an individual to |
---|
1089 | 1089 | | a board or commission, the Councilmember shall make the appointment or designation by filing |
---|
1090 | 1090 | | a memorandum with the Secretary that states: |
---|
1091 | 1091 | | (1) The lel capacity in which the Councilmember is acting, e.g., as a |
---|
1092 | 1092 | | Councilmember or as a chairperson or member of a particular committee; |
---|
1093 | 1093 | | (2) The date of appointment; |
---|
1094 | 1094 | | (3) The official name of the board or commission to which the person is being |
---|
1095 | 1095 | | appointed; |
---|
1096 | 1096 | | (4) The name, complete mailing address, contact information, and ward |
---|
1097 | 1097 | | designation of the person appointed; except, that such personal information is not required in the |
---|
1098 | 1098 | | resolution; |
---|
1099 | 1099 | | (5) The law under which the appointment or designation is being made; and |
---|
1100 | 1100 | | (6) The term of the appointment or designation. COUNCIL RULES, PERIOD XXV I |
---|
1101 | 1101 | | |
---|
1102 | 1102 | | 31 |
---|
1103 | 1103 | | |
---|
1104 | 1104 | | 277. RESIDENCY REQUIREMENT FOR APPOINTMENTS. |
---|
1105 | 1105 | | Each member of a District board or commission who is appointed under Rule 275 or 276, |
---|
1106 | 1106 | | if not already a resident of the District, shall become one within 180 days after the effective date |
---|
1107 | 1107 | | of the appointment and shall remain a District resident for the duration of the appointment, |
---|
1108 | 1108 | | unless the law or order that established the board or commission specifically authorizes the |
---|
1109 | 1109 | | appointment of a nonresident as a member of the board or commission or if a majority of the |
---|
1110 | 1110 | | Council present and voting waives the residency requirement. |
---|
1111 | 1111 | | I. COMPUTING TIME, CIRCULATION, AND FILING REQUIREMENTS. |
---|
1112 | 1112 | | 281. COMPUTING TIME. |
---|
1113 | 1113 | | (a) Unless a law or rule specifically provides otherwise, when counting a time period: |
---|
1114 | 1114 | | (1) Stated in days or a longer unit of time: |
---|
1115 | 1115 | | (A) Exclude the day of the event that trigers the period; |
---|
1116 | 1116 | | (B) Count every day, including Saturdays, Sundays, and lel holidays; |
---|
1117 | 1117 | | (C) Exclude days of recess; and |
---|
1118 | 1118 | | (D) Include the last day of the time period, but if the last day is a Saturday, |
---|
1119 | 1119 | | Sunday, lel holiday, or day of recess, the period continues to run until the end of the next day |
---|
1120 | 1120 | | that is not a Saturday, Sunday, lel holiday, or day of recess. |
---|
1121 | 1121 | | (2) Stated in hours: |
---|
1122 | 1122 | | (A) Begin counting immediately on the first business hour after the |
---|
1123 | 1123 | | occurrence of the event that trigers the period; |
---|
1124 | 1124 | | (B) Count each hour, including hours during intermediate Saturdays, |
---|
1125 | 1125 | | Sundays, and lel holidays; |
---|
1126 | 1126 | | (C) Exclude hours during days of recess; and |
---|
1127 | 1127 | | (D) If the period would end on a Saturday, Sunday, lel holiday, or day |
---|
1128 | 1128 | | of recess, the period continues to run until the same time on the next day that is not a Saturday, |
---|
1129 | 1129 | | Sunday, lel holiday, or day of recess. |
---|
1130 | 1130 | | (b) For the purposes of these Rules, when counting a time period stated in “business |
---|
1131 | 1131 | | days”: |
---|
1132 | 1132 | | (1) Exclude the day of the event that trigers the period; COUNCIL RULES, PERIOD XXV I |
---|
1133 | 1133 | | |
---|
1134 | 1134 | | 32 |
---|
1135 | 1135 | | |
---|
1136 | 1136 | | (2) Exclude intermediate Saturdays, Sundays, lel holidays, and days of recess; |
---|
1137 | 1137 | | and |
---|
1138 | 1138 | | (3) Include the last day of the time period, but if the last day is a Saturday, |
---|
1139 | 1139 | | Sunday, lel holiday, or day of recess the period continues to run until the end of the next day |
---|
1140 | 1140 | | that is not a Saturday, Sunday, lel holiday, or day of recess. |
---|
1141 | 1141 | | (c) For the purposes of these Rules, when counting a time period for a notice requirement |
---|
1142 | 1142 | | under these Rules, include days of recess. |
---|
1143 | 1143 | | 282. FILING WITH THE SECRETARY. |
---|
1144 | 1144 | | (a) Unless a law or rule specifically provides otherwise, when a Councilmember is |
---|
1145 | 1145 | | required to file a document with or provide notice to the Secretary, the Councilmember shall |
---|
1146 | 1146 | | deliver an electronic or hard copy of the document or the notice to the Secretary. |
---|
1147 | 1147 | | (b)(1) A Councilmember shall also file an electronic copy in Word format of the |
---|
1148 | 1148 | | following documents with the Secretary by uploading to the Council’s intranet in a file under the |
---|
1149 | 1149 | | name of the Councilmember: |
---|
1150 | 1150 | | (A) A measure introduced pursuant to Rules 401 and 402; |
---|
1151 | 1151 | | (B) A committee print and report; |
---|
1152 | 1152 | | (C) Amendments; and |
---|
1153 | 1153 | | (D) Any other document required to be electronically filed by rule or law |
---|
1154 | 1154 | | or that the Secretary determines should be filed electronically. |
---|
1155 | 1155 | | (2) The text of any committee report uploaded to the Council’s intranet in pdf |
---|
1156 | 1156 | | format must be made text-readable prior to its upload. |
---|
1157 | 1157 | | (c) When an electronic copy is required under subsection (b) of this section, the |
---|
1158 | 1158 | | document shall not be considered as filed pursuant to subsections (a) and (b) of this section until |
---|
1159 | 1159 | | the electronic copy is filed. No measure may be noticed for a hearing or roundtable or added to |
---|
1160 | 1160 | | the agenda of the Committee of the Whole unless an electronic copy, in Word format, of the |
---|
1161 | 1161 | | measure has been uploaded to the Council’s intranet. |
---|
1162 | 1162 | | (d) Notwithstanding subsection (a) of this section, the Secretary may elect to receive a |
---|
1163 | 1163 | | document electronically or establish a system or method for the electronic filing of any |
---|
1164 | 1164 | | document. COUNCIL RULES, PERIOD XXV I |
---|
1165 | 1165 | | |
---|
1166 | 1166 | | 33 |
---|
1167 | 1167 | | |
---|
1168 | 1168 | | 283. CIRCULATION TO MEMBERS AND COMMITTEES. |
---|
1169 | 1169 | | (a) The Secretary shall distribute, upon introduction or referral, an electronic copy of |
---|
1170 | 1170 | | each measure to each Councilmember. The Secretary shall also distribute to each |
---|
1171 | 1171 | | Councilmember, upon introduction or filing, a notice of investition by subpoena, and a |
---|
1172 | 1172 | | Mayoral disapproval of a Council act. |
---|
1173 | 1173 | | (b) Any document that is required to be circulated by a rule or law shall be distributed |
---|
1174 | 1174 | | electronically to all Members and staff and posted on the Council’s website. |
---|
1175 | 1175 | | (c) A Councilmember may elect to receive a hard copy of any document that is required |
---|
1176 | 1176 | | to be circulated by the Secretary or a Member. |
---|
1177 | 1177 | | ARTICLE III—PROCEDURES FOR MEETINGS. |
---|
1178 | 1178 | | A. LEGISLATIVE MEETINGS. |
---|
1179 | 1179 | | 301. ORGANIZATIONAL MEETING. |
---|
1180 | 1180 | | On the first day of each Council Period that is not a Saturday, Sunday, or lel holiday, |
---|
1181 | 1181 | | the Council shall convene an ornizational meeting for the purpose of considering the adoption |
---|
1182 | 1182 | | of Rules of Ornization and Procedure and Code of Official Conduct, selecting a Chairman Pro |
---|
1183 | 1183 | | Tempore pursuant to Rule 212, appointing committee chairs and memberships, appointing |
---|
1184 | 1184 | | Councilmembers to regional bodies, and appointing Council officers. If a quorum is not present, |
---|
1185 | 1185 | | the Chairman shall convene an ornizational meeting as soon as feasible. |
---|
1186 | 1186 | | 302. REGULAR MEETINGS. |
---|
1187 | 1187 | | (a) The Council shall hold a regular legislative meeting on the first Tuesday of every |
---|
1188 | 1188 | | month except during a Council Recess or an election year. When the day for a regular legislative |
---|
1189 | 1189 | | meeting falls on a lel holiday, the meeting shall be held at the same time on the next day. |
---|
1190 | 1190 | | Regular legislative meetings shall begin at 12:00 p.m. |
---|
1191 | 1191 | | (b) Regular meetings of the Council shall be a hybrid of in-person and video |
---|
1192 | 1192 | | conferencing and held in the Council Chamber, Room 500 of the John A. Wilson Building, 1350 |
---|
1193 | 1193 | | Pennsylvania Avenue, NW, and via the Zoom platform, or other such video conferencing |
---|
1194 | 1194 | | platform as from time to time may be designated by the Secretary. |
---|
1195 | 1195 | | (c) The Chairman may designate another time, day, or place for a legislative meeting at a |
---|
1196 | 1196 | | prior legislative meeting or meeting of the Committee of the Whole or by circulating and filing |
---|
1197 | 1197 | | notice with the Secretary at least 48 hours before the meeting. |
---|
1198 | 1198 | | (d) The Chairman may cancel a future regularly scheduled meeting. The Secretary shall |
---|
1199 | 1199 | | circulate notice to each Councilmember and the public of a meeting cancellation. COUNCIL RULES, PERIOD XXV I |
---|
1200 | 1200 | | |
---|
1201 | 1201 | | 34 |
---|
1202 | 1202 | | |
---|
1203 | 1203 | | |
---|
1204 | 1204 | | 303. ADDITIONAL AND SPECIAL MEETINGS. |
---|
1205 | 1205 | | |
---|
1206 | 1206 | | (a) The Chairman may call additional legislative meetings of the Council. |
---|
1207 | 1207 | | (b) Any 2 Councilmembers may request that the Chairman call a special legislative |
---|
1208 | 1208 | | meeting. The request in writing shall be filed with the Secretary. Immediately upon the filing of |
---|
1209 | 1209 | | the request, the Secretary shall notify the Chairman and other Councilmembers of the filing of |
---|
1210 | 1210 | | the request. If, within 3 business days after the request is filed, the Chairman does not call the |
---|
1211 | 1211 | | requested special meeting, a majority of the Councilmembers may file with the Secretary a |
---|
1212 | 1212 | | written notice that a special legislative meeting shall be held, specifying the date, hour, place, |
---|
1213 | 1213 | | and agenda of the special legislative meeting; provided, that the meeting shall not occur less than |
---|
1214 | 1214 | | 48 hours after the notice. Immediately upon the filing of the notice, the Secretary shall circulate |
---|
1215 | 1215 | | notice to each Councilmember as provided in subsection (c) of this section. |
---|
1216 | 1216 | | (c) Whenever an additional or special legislative meeting is called, the Secretary shall |
---|
1217 | 1217 | | circulate notice to each Councilmember not less than 48 hours before the additional or special |
---|
1218 | 1218 | | meeting. An additional legislative meeting to consider an emergency and temporary matter may |
---|
1219 | 1219 | | be called upon shorter notice, if a majority of the Members agree in writing to the shorter notice. |
---|
1220 | 1220 | | The Secretary shall provide prompt notice of the meeting to the public, including on the Council |
---|
1221 | 1221 | | website. The notice shall state the date, hour, place, and agenda of the meeting and may state |
---|
1222 | 1222 | | whether items are to be considered on a consent or non-consent agenda. |
---|
1223 | 1223 | | (d) No matter shall be considered at an additional or special legislative meeting except |
---|
1224 | 1224 | | those stated in the request and notification. |
---|
1225 | 1225 | | (e) The Chairman may add to the agenda of an additional legislative meeting that has |
---|
1226 | 1226 | | been noticed, with the written agreement of a majority of the Councilmembers, an emergency or |
---|
1227 | 1227 | | temporary measure or, without objection, a permanent measure. |
---|
1228 | 1228 | | 304. QUORUM. |
---|
1229 | 1229 | | (a) A majority of the Councilmembers shall constitute a quorum for the lawful convening |
---|
1230 | 1230 | | of a meeting and for the transaction of business, except as provided in Rule 502. |
---|
1231 | 1231 | | (b) A meeting may not begin until a quorum is ascertained by the Chairman. |
---|
1232 | 1232 | | (c) Once a quorum has been ascertained, the meeting shall proceed, unless a |
---|
1233 | 1233 | | Councilmember raises the absence of a quorum, whereupon the Chairman shall direct the calling |
---|
1234 | 1234 | | of the roll and shall announce the result. |
---|
1235 | 1235 | | (d) In the absence of a quorum, the Chairman may order a Call of the House, during |
---|
1236 | 1236 | | which no debate or motion shall be in order except a motion to adjourn. COUNCIL RULES, PERIOD XXV I |
---|
1237 | 1237 | | |
---|
1238 | 1238 | | 35 |
---|
1239 | 1239 | | |
---|
1240 | 1240 | | (e) During a Call of the House, the Council shall stand in recess for no more than 20 |
---|
1241 | 1241 | | minutes to find absent Members. After the recess, the roll shall be called ain. If a quorum is |
---|
1242 | 1242 | | present, the meeting shall proceed. If a quorum is not present, the meeting shall be recessed or |
---|
1243 | 1243 | | adjourned. |
---|
1244 | 1244 | | 305. HEARING THE MAYOR. |
---|
1245 | 1245 | | The Mayor has the right to be heard by the Council upon request and at reasonable times |
---|
1246 | 1246 | | set by the Council. |
---|
1247 | 1247 | | 306. RECESS. |
---|
1248 | 1248 | | (a) Except as set forth in subsection (b) of this section, no measure, other than an |
---|
1249 | 1249 | | emergency declaration resolution, emergency measure, and accompanying temporary bill, a veto |
---|
1250 | 1250 | | override, or a resolution to approve or disapprove a contract, to be considered at a special or |
---|
1251 | 1251 | | additional meeting called pursuant to these Rules, may be introduced during a recess of the |
---|
1252 | 1252 | | Council, and no committee may take official action during a recess of the Council; provided, that |
---|
1253 | 1253 | | when specifically authorized to do so by a vote of a majority of the Council, a committee may |
---|
1254 | 1254 | | hold a public hearing or roundtable. A notice of future committee action may be filed during a |
---|
1255 | 1255 | | recess of the Council. |
---|
1256 | 1256 | | (b)(1) A resolution approving or disapproving a contract in excess of $1 million or a |
---|
1257 | 1257 | | multiyear contract may be introduced during any recess period. |
---|
1258 | 1258 | | (2) A proposed contract that is required to be submitted to the Council pursuant to |
---|
1259 | 1259 | | section 451 of the Charter (D.C. Official Code § 1-204.51) may be transmitted to the Secretary |
---|
1260 | 1260 | | during the 30-day period before the end of the summer recess of the Council, and a committee |
---|
1261 | 1261 | | may hold a public hearing and take official action on the proposed contract. |
---|
1262 | 1262 | | (3) A proposed federal-aid highway contract in excess of $1 million during a 12- |
---|
1263 | 1263 | | month period that is required to be submitted to the Council for its review pursuant to section |
---|
1264 | 1264 | | 451 of the Charter (D.C. Official Code § 1-204.51) may be transmitted to the Secretary during a |
---|
1265 | 1265 | | recess of the Council. A committee may hold a public hearing and take official action on the |
---|
1266 | 1266 | | proposed federal-aid highway contract during the recess, and a resolution approving or |
---|
1267 | 1267 | | disapproving the proposed federal-aid highway contract may be introduced during the recess and |
---|
1268 | 1268 | | during the 10-day period following submission of the proposed federal-aid highway contract to |
---|
1269 | 1269 | | the Council. |
---|
1270 | 1270 | | (4) The Committee of the Whole may hold a hearing or roundtable on any matter |
---|
1271 | 1271 | | relating to the affairs of the District during the recess; except, that this paragraph shall not be |
---|
1272 | 1272 | | used to comply with the requirement of Rule 501(a)(2). COUNCIL RULES, PERIOD XXV I |
---|
1273 | 1273 | | |
---|
1274 | 1274 | | 36 |
---|
1275 | 1275 | | |
---|
1276 | 1276 | | (c) During any period of recess, the Secretary is authorized to receive measures returned |
---|
1277 | 1277 | | by the Mayor. |
---|
1278 | 1278 | | 307. COUNCIL REVIEW OF CONTRACTS. |
---|
1279 | 1279 | | (a) There is a 4.00 p.m. filing deadline for all proposed contracts required to be submitted |
---|
1280 | 1280 | | to the Council pursuant to section 451 of the Charter (D.C. Official Code § 1-204.51). The |
---|
1281 | 1281 | | Secretary shall ensure that a copy of the proposed contract or contract modification is designated |
---|
1282 | 1282 | | as urgent and circulated electronically or otherwise to the office of each member of the Council, |
---|
1283 | 1283 | | the General Counsel, and the Budget Director within 24 hours (excluding Saturdays, Sundays, |
---|
1284 | 1284 | | and holidays) following its receipt by the Secretary. |
---|
1285 | 1285 | | (b) Notwithstanding Rule 402(b), the time period for Council review of a proposed |
---|
1286 | 1286 | | contract or contract modification pursuant to section 451 of the Charter (D.C. Official Code § 1- |
---|
1287 | 1287 | | 204.51) shall begin on the first day (excluding Saturdays, Sundays, and lel holidays) following |
---|
1288 | 1288 | | receipt by the Secretary of the proposed contract or contract modification. |
---|
1289 | 1289 | | (c) Notwithstanding Rules 401 and 402, no proposed contract or contract modification |
---|
1290 | 1290 | | that is required to be submitted to the Council pursuant to section 451 of the Charter (D.C. |
---|
1291 | 1291 | | Official Code § 1-204.51) may be submitted between July 5, 2023, and July 15, 2023, or |
---|
1292 | 1292 | | between July 5, 2024, and July 15, 2024. |
---|
1293 | 1293 | | (d) Notwithstanding Rules 401 and 402, a resolution approving or disapproving a |
---|
1294 | 1294 | | proposed contract shall be introduced by at least 3 Councilmembers. |
---|
1295 | 1295 | | (e) Review and approval by the Council of the annual capital program of federal-aid |
---|
1296 | 1296 | | highway projects shall constitute Council review and approval of the individual contracts that |
---|
1297 | 1297 | | make up the annual program. |
---|
1298 | 1298 | | (f) The Secretary shall place an electronic copy of the summary of a proposed contract on |
---|
1299 | 1299 | | the Legislative Information Management System so that it may be accessed through the Council |
---|
1300 | 1300 | | website within 24 hours (excluding Saturdays, Sundays, and lel holidays) following its receipt. |
---|
1301 | 1301 | | 308. POLICY AND ECONOMIC IMPACT ANALYSES. |
---|
1302 | 1302 | | (a) The Budget Director may prepare a policy and economic impact analysis of a |
---|
1303 | 1303 | | permanent bill. |
---|
1304 | 1304 | | |
---|
1305 | 1305 | | (b) The purpose of a policy and economic impact analysis is to offer Councilmembers |
---|
1306 | 1306 | | an independent, data and evidence-based resource for weighing the policy implications and |
---|
1307 | 1307 | | economic costs and benefits of legislation. The analysis may include research on the District’s |
---|
1308 | 1308 | | existing lel framework, policy choices made by other jurisdictions, a review of the academic |
---|
1309 | 1309 | | literature on the subject, consideration of demographic data, and the estimated costs or benefits COUNCIL RULES, PERIOD XXV I |
---|
1310 | 1310 | | |
---|
1311 | 1311 | | 37 |
---|
1312 | 1312 | | |
---|
1313 | 1313 | | to the District’s economy. |
---|
1314 | 1314 | | |
---|
1315 | 1315 | | (c) If the Budget Director prepares a policy and economic impact analysis for a |
---|
1316 | 1316 | | permanent bill, it shall be circulated no later than noon on the business day before the |
---|
1317 | 1317 | | legislative meeting at which the permanent bill is to be considered. |
---|
1318 | 1318 | | |
---|
1319 | 1319 | | (d) A Councilmember may request that the Budget Director develop a policy and |
---|
1320 | 1320 | | economic impact analysis outside of the legislative process. |
---|
1321 | 1321 | | |
---|
1322 | 1322 | | (e) The findings and conclusions of an economic-impact analysis, if any, are not binding |
---|
1323 | 1323 | | on the Council, and the findings and conclusions shall not prevent the Council from considering |
---|
1324 | 1324 | | the bill. |
---|
1325 | 1325 | | |
---|
1326 | 1326 | | 309. FISCAL IMPACT STATEMENTS. |
---|
1327 | 1327 | | (a)(1) Except as provided in paragraphs (2) and (3) of this subsection, a fiscal impact |
---|
1328 | 1328 | | statement is required for each measure, as provided in subsections (b) and (c) of this section. |
---|
1329 | 1329 | | (2) A fiscal impact statement is not required for an emergency declaration, a |
---|
1330 | 1330 | | ceremonial, a confirmation or appointment, or a sense of the Council resolution, or a resolution |
---|
1331 | 1331 | | that expresses a simple determination, decision or direction of the Council of a special or |
---|
1332 | 1332 | | temporary character, or for a proposed amendment to those measures. |
---|
1333 | 1333 | | (3) A funding certification issued by an independent agency or the Chief Financial |
---|
1334 | 1334 | | Officer for a contract shall be sufficient to meet the requirements of this section. |
---|
1335 | 1335 | | (b)(1) Pursuant to subsection (a) of this section, a fiscal impact statement issued by the |
---|
1336 | 1336 | | Chief Financial Officer is required at the time of consideration of a permanent bill or resolution |
---|
1337 | 1337 | | being marked up by a committee. A bill or resolution that has been sequentially referred pursuant |
---|
1338 | 1338 | | to Rule 404(c) must have a fiscal impact statement by the Chief Financial Officer at the time of |
---|
1339 | 1339 | | each committee markup in the sequential referral. |
---|
1340 | 1340 | | (2) A committee shall not mark up a bill or resolution unless a fiscal impact |
---|
1341 | 1341 | | statement has been circulated to all Councilmembers before the measure is considered at markup. |
---|
1342 | 1342 | | (3) Notwithstanding paragraphs (1) and (2) of this subsection, a fiscal impact |
---|
1343 | 1343 | | statement shall not be required at the Committee of the Whole markup of a Local Budget Act, |
---|
1344 | 1344 | | Federal Portion Budget Request Act, or Budget Support Act; except, that the Chief Financial |
---|
1345 | 1345 | | Officer shall issue a fiscal impact statement for a Local Budget Act, Federal Portion Budget |
---|
1346 | 1346 | | Request Act, and Budget Support Act by final reading of those measures. COUNCIL RULES, PERIOD XXV I |
---|
1347 | 1347 | | |
---|
1348 | 1348 | | 38 |
---|
1349 | 1349 | | |
---|
1350 | 1350 | | (c) A fiscal impact statement provided by the Budget Director or the Chief Financial |
---|
1351 | 1351 | | Officer is required at the time of consideration of: |
---|
1352 | 1352 | | (1) A proposed amendment to a resolution or a bill being marked up by a |
---|
1353 | 1353 | | committee; |
---|
1354 | 1354 | | (2) A proposed amendment to a resolution or a bill that is moved at first, second, |
---|
1355 | 1355 | | or any subsequent reading of the Council; |
---|
1356 | 1356 | | (3) An emergency resolution or bill; provided, that a new fiscal impact statement |
---|
1357 | 1357 | | is not required for a congressional review emergency (“CRE”) when the CRE is identical, except |
---|
1358 | 1358 | | for technical changes, to the preceding emergency measure; |
---|
1359 | 1359 | | (4) A temporary bill; and |
---|
1360 | 1360 | | (5) A revenue bond resolution. |
---|
1361 | 1361 | | (d) A Councilmember requesting a fiscal impact statement from the Budget Director shall |
---|
1362 | 1362 | | endeavor to make the request at the earliest opportunity prior to circulation of the measure |
---|
1363 | 1363 | | pursuant to Rule 424. The request shall include a draft of the measure and, when the measure is |
---|
1364 | 1364 | | amendatory, a comparative print. |
---|
1365 | 1365 | | 310. LEGAL SUFFICIENCY DETERMINATIONS. |
---|
1366 | 1366 | | (a) Except as provided in subsection (c) of this section, a lel sufficiency determination |
---|
1367 | 1367 | | is required at the time of consideration of: |
---|
1368 | 1368 | | (1) A resolution or bill being marked up by a committee; |
---|
1369 | 1369 | | (2) A resolution retained by the Council; |
---|
1370 | 1370 | | (3) An emergency resolution or bill; provided, that a new lel sufficiency |
---|
1371 | 1371 | | determination is not required for a congressional review emergency (“CRE”) when the CRE is |
---|
1372 | 1372 | | identical, except for technical changes, to the preceding emergency measure; |
---|
1373 | 1373 | | (4) A temporary bill; and |
---|
1374 | 1374 | | (5) An amendment to a resolution or a bill that is moved at mark-up, first, second, |
---|
1375 | 1375 | | or any subsequent reading of the Council. |
---|
1376 | 1376 | | (b) A Councilmember requesting a lel sufficiency determination from the General |
---|
1377 | 1377 | | Counsel pursuant to subsection (a) of this section shall endeavor to make the request: |
---|
1378 | 1378 | | (1) For a measure listed in subsection (a)(1) of this section, at least 10 days before |
---|
1379 | 1379 | | the markup. Notwithstanding the term “endeavor,” the Councilmember shall notify the General COUNCIL RULES, PERIOD XXV I |
---|
1380 | 1380 | | |
---|
1381 | 1381 | | 39 |
---|
1382 | 1382 | | |
---|
1383 | 1383 | | Counsel at least 10 days before a markup of the intent to mark up the measure and shall provide |
---|
1384 | 1384 | | a draft of the measure. |
---|
1385 | 1385 | | (2) For a measure listed in subsection (a)(2) through (5) of this section, at least 2 |
---|
1386 | 1386 | | business days prior to the time of consideration, unless the request is for an amendment to a |
---|
1387 | 1387 | | measure that was circulated less than 2 business days before a scheduled vote. |
---|
1388 | 1388 | | (c) A lel sufficiency determination is not required for: |
---|
1389 | 1389 | | (1) An emergency declaration resolution; |
---|
1390 | 1390 | | (2) A ceremonial resolution; |
---|
1391 | 1391 | | (3) A sense of the Council resolution; |
---|
1392 | 1392 | | (4) A resolution adopting Council Rules, appointing Council officers and |
---|
1393 | 1393 | | committee chairpersons and members, or otherwise pertaining to the internal operation or |
---|
1394 | 1394 | | ornization of the Council; |
---|
1395 | 1395 | | (5) A resolution listed in this subsection that is moved on an emergency basis; |
---|
1396 | 1396 | | (6) An amendment to a resolution listed in this subsection; or |
---|
1397 | 1397 | | (7) An amendment to a budget measure that contains only adjustments to a dollar |
---|
1398 | 1398 | | amount or other budget numbers. |
---|
1399 | 1399 | | 311. RACIAL EQUITY IMPACT ASSESSMENTS. |
---|
1400 | 1400 | | (a)(1) Except as provided in this subsection or subsection (b) of this Rule, the Council |
---|
1401 | 1401 | | Office of Racial Equity shall, within 30 days after the hearing record is closed, issue a Racial |
---|
1402 | 1402 | | Equity Impact Assessment for each bill for which a hearing is held. |
---|
1403 | 1403 | | (2) If there are multiple hearings on a bill, the Council Office of Racial Equity |
---|
1404 | 1404 | | may comply with this subsection by issuing the REIA within 30 days after the close of the |
---|
1405 | 1405 | | hearing record of any of the hearings on the bill. |
---|
1406 | 1406 | | (3) If a Committee provides notice to the Council Office of Racial Equity before |
---|
1407 | 1407 | | 30 days after the close of the hearing record for the last hearing on a bill for which no Racial |
---|
1408 | 1408 | | Equity Impact Assessment was issued, the Council Office of Racial Equity may issue a Racial |
---|
1409 | 1409 | | Equity Impact Assessment on the committee print before the markup in lieu of complying with |
---|
1410 | 1410 | | paragraph (1) of this subsection. |
---|
1411 | 1411 | | (b) This rule shall not apply to: COUNCIL RULES, PERIOD XXV I |
---|
1412 | 1412 | | |
---|
1413 | 1413 | | 40 |
---|
1414 | 1414 | | |
---|
1415 | 1415 | | (1) Public space designations; |
---|
1416 | 1416 | | (2) Street or Alley closures, openings, dedications, changes to building restriction |
---|
1417 | 1417 | | lines, or highway plan amendments; |
---|
1418 | 1418 | | (3) General-oblition bond acts and revenue anticipation notes acts; |
---|
1419 | 1419 | | (4) Interstate compacts; |
---|
1420 | 1420 | | (5) Transfers of jurisdiction; |
---|
1421 | 1421 | | (6) Tax abatements, exemptions, rebates, and other tax legislation that is not of |
---|
1422 | 1422 | | general applicability; |
---|
1423 | 1423 | | (7) Acts authorizing the issuance of specialty motor-vehicle identification tags; |
---|
1424 | 1424 | | (8) A Local Budget Act, a Budget Support Act, or a Federal Portion Budget |
---|
1425 | 1425 | | Request Act; |
---|
1426 | 1426 | | (9) Enactment legislation or technical-amendment legislation; or |
---|
1427 | 1427 | | (10) Bills for which the Committee chair of each committee to which the bill was |
---|
1428 | 1428 | | referred notifies the Council Office of Racial Equity that the Committee does not intend to mark |
---|
1429 | 1429 | | up the legislation in this Council Period. |
---|
1430 | 1430 | | (c)(1) Each Racial Equity Impact Assessment shall include a statement of the bases for |
---|
1431 | 1431 | | the estimated impact on racial equity, as that term is defined in Rule 101, and shall describe the |
---|
1432 | 1432 | | sources, assumptions, and methodologies used in arriving at the assessment. |
---|
1433 | 1433 | | (2) Where a Racial Equity Impact Assessment identifies a netive impact on |
---|
1434 | 1434 | | racial equity, the Council Office of Racial Equity may recommend policy proposals closely |
---|
1435 | 1435 | | related to the proposed bill and within the Council’s authority to mitite such netive impact. |
---|
1436 | 1436 | | (3) The findings of a Racial Equity Impact Assessment shall not be binding and |
---|
1437 | 1437 | | shall not prevent the Council or committee from considering the bill. |
---|
1438 | 1438 | | (4) Where a Racial Equity Impact Assessment identifies a netive impact on |
---|
1439 | 1439 | | racial equity, the bill may be placed on the non-consent agenda and the committee report on the |
---|
1440 | 1440 | | bill shall acknowledge and respond to the netive racial equity impacts identified. |
---|
1441 | 1441 | | (d)(1) For bills that received a Racial Equity Impact Assessment pursuant to subsection |
---|
1442 | 1442 | | (a) of this Rule, the Council Office of Racial Equity may issue a supplemental Racial Equity |
---|
1443 | 1443 | | Impact Assessment in advance of the markup of those measures. COUNCIL RULES, PERIOD XXV I |
---|
1444 | 1444 | | |
---|
1445 | 1445 | | 41 |
---|
1446 | 1446 | | |
---|
1447 | 1447 | | (2) At least 10 business days before the markup of a bill, the Committee chair |
---|
1448 | 1448 | | shall notify the Director of Racial Equity of the intent to mark up the measure and shall provide a |
---|
1449 | 1449 | | draft of the measure and comparative print. When a bill is sequentially referred, the requirements |
---|
1450 | 1450 | | of this paragraph shall only apply to the last Committee in the sequential referral. |
---|
1451 | 1451 | | (3) If a Committee intends to mark up a bill for which a hearing was held in a |
---|
1452 | 1452 | | prior Council Period, but for which no Racial Equity Impact Assessment was issued, the |
---|
1453 | 1453 | | Committee shall comply with paragraph (2) of this subsection and the Council Office of Racial |
---|
1454 | 1454 | | Equity shall issue a Racial Equity Impact Assessment on the committee print before the markup. |
---|
1455 | 1455 | | (e) The Council Office of Racial Equity may, at the request of a committee chair, conduct |
---|
1456 | 1456 | | a Racial Equity Impact Assessment on any matter under the requesting committee’s jurisdiction; |
---|
1457 | 1457 | | provided, that such assessment does not inhibit the issuance of Racial Equity Impact |
---|
1458 | 1458 | | Assessments under subsection (a) or (d) of this Rule. |
---|
1459 | 1459 | | (f) The framework for the Racial Equity Impact Assessment shall be developed by the |
---|
1460 | 1460 | | Director of Racial Equity, or the Director’s designee, in close consultation with individuals and |
---|
1461 | 1461 | | ornizations with expertise in racial equity analysis, and published online. |
---|
1462 | 1462 | | 312. PRESENTATION OF LEGISLATION TO THE COUNCIL. |
---|
1463 | 1463 | | A measure reported by a committee may be presented by the chairperson of the |
---|
1464 | 1464 | | committee or by another member of the committee designated by the chairperson of the |
---|
1465 | 1465 | | committee. In the absence of the chairperson of the committee and the designation of a member |
---|
1466 | 1466 | | of the committee, the Chairman may present the measure for consideration by the Council. |
---|
1467 | 1467 | | 313. [RESERVED]. |
---|
1468 | 1468 | | 314. EXPEDITED OPTIONAL PROCEDURE FOR REVENUE BONDS AND REVIEW |
---|
1469 | 1469 | | RESOLUTIONS. |
---|
1470 | 1470 | | (a) This section shall apply to: |
---|
1471 | 1471 | | (1) Revenue bonds resolutions; and |
---|
1472 | 1472 | | (2) Resolutions rerding agency rules, confirmations, and other actions that: |
---|
1473 | 1473 | | (A) Are proposed by the Mayor or an independent agency for |
---|
1474 | 1474 | | promultion or adoption; and |
---|
1475 | 1475 | | (B) Will be deemed approved or disapproved after a set period of time by |
---|
1476 | 1476 | | operation of law. COUNCIL RULES, PERIOD XXV I |
---|
1477 | 1477 | | |
---|
1478 | 1478 | | 42 |
---|
1479 | 1479 | | |
---|
1480 | 1480 | | (b) A resolution covered by this section may, at the option of the committee chairperson, |
---|
1481 | 1481 | | be placed on the non-consent agenda of the next regular legislative meeting following approval |
---|
1482 | 1482 | | by a committee, without referral to the Committee of the Whole. |
---|
1483 | 1483 | | (c) If notice of intent to move the resolution and the committee report for the resolution |
---|
1484 | 1484 | | are not filed before noon on the third business day before the legislative meeting, a resolution |
---|
1485 | 1485 | | may not be placed on the legislative agenda pursuant to this section. |
---|
1486 | 1486 | | (d) If a reported resolution is considered at a legislative meeting under this section, the |
---|
1487 | 1487 | | lel sufficiency, technical compliance with the drafting rules of the Council, completion of the |
---|
1488 | 1488 | | record of the reported resolution, and the sufficiency of the fiscal impact statement, if required |
---|
1489 | 1489 | | by Rule 309, shall be reviewed at the legislative meeting at which it is considered. |
---|
1490 | 1490 | | B. ORDER OF BUSINESS FOR MEETINGS. |
---|
1491 | 1491 | | 315. ORDER OF BUSINESS FOR REGULAR MEETINGS. |
---|
1492 | 1492 | | During a regular legislative meeting, the Council shall take up business in the following |
---|
1493 | 1493 | | order, unless a different order has been set for a particular meeting by action of the Committee of |
---|
1494 | 1494 | | the Whole: |
---|
1495 | 1495 | | (1) Call to order at the time and place set forth pursuant to Rule 302; |
---|
1496 | 1496 | | (2) Moment of silence; |
---|
1497 | 1497 | | (3) Determination by the Chairman of the presence of a quorum; |
---|
1498 | 1498 | | (4) Secretary’s report on the filing of reports by committees, unless the formal |
---|
1499 | 1499 | | reading of the report is waived by the Council; |
---|
1500 | 1500 | | (5) Secretary’s report on the introduction of new measures filed with that office, |
---|
1501 | 1501 | | unless the formal reading of the report is waived; |
---|
1502 | 1502 | | (6) Approval of the consent agenda without objection; |
---|
1503 | 1503 | | (7) Final reading by short title and final vote on bills that have been pending at |
---|
1504 | 1504 | | least 13 days since they were previously read, except as provided in paragraph (6) of this section; |
---|
1505 | 1505 | | (8) Reading by short title and vote on reported and discharged bills, except as |
---|
1506 | 1506 | | provided in paragraph (6) of this section; |
---|
1507 | 1507 | | (9) Reading by short title and vote on proposed resolutions, except as provided in |
---|
1508 | 1508 | | paragraph (6) of this section; COUNCIL RULES, PERIOD XXV I |
---|
1509 | 1509 | | |
---|
1510 | 1510 | | 43 |
---|
1511 | 1511 | | |
---|
1512 | 1512 | | (10) Reading by short title and vote on resolutions declaring the existence of |
---|
1513 | 1513 | | emergencies and accompanying emergency measures, except for contracts placed on the consent |
---|
1514 | 1514 | | agenda; |
---|
1515 | 1515 | | (11) Reading by short title and vote on temporary legislation; |
---|
1516 | 1516 | | (12) Official communications received from the Mayor or an agency; and |
---|
1517 | 1517 | | (13) Other business. |
---|
1518 | 1518 | | 316. ORDER OF BUSINESS FOR ADDITIONAL AND SPECIAL MEETINGS. |
---|
1519 | 1519 | | During an additional or special meeting, the Council shall take up business in the |
---|
1520 | 1520 | | following order: |
---|
1521 | 1521 | | (1) Call to order at the time and place set forth in the meeting notice; |
---|
1522 | 1522 | | (2) Moment of silence; |
---|
1523 | 1523 | | (3) Determination by the Chairman of the presence of a quorum; and |
---|
1524 | 1524 | | (4) Such items in the order set forth in the meeting notice. |
---|
1525 | 1525 | | 317. PROCEEDING OUT OF ORDER. |
---|
1526 | 1526 | | The Chairman, without objection, or upon the vote of a majority of the Councilmembers |
---|
1527 | 1527 | | present and voting, may proceed on any item of business out of order. |
---|
1528 | 1528 | | C. RULES OF DECORUM. |
---|
1529 | 1529 | | 321. DECORUM OF MEMBERS. |
---|
1530 | 1530 | | (a) Councilmembers shall refrain from private discourse or other acts tending to distract |
---|
1531 | 1531 | | the attention of the Council from the business before it. |
---|
1532 | 1532 | | (b) In debate, a Councilmember shall confine remarks to the pending question and avoid |
---|
1533 | 1533 | | the use of personalities. |
---|
1534 | 1534 | | (c) A Councilmember, in referring to another Councilmember, should avoid using the |
---|
1535 | 1535 | | Councilmember’s name, rather identifying that Member by ward or at-large status, as the |
---|
1536 | 1536 | | Councilmember who last spoke, or by describing the Councilmember in some other manner. |
---|
1537 | 1537 | | (d) It is not the person but the measure that is the subject of debate, and it is not allowable |
---|
1538 | 1538 | | to question or impugn the motives of a Councilmember, but the nature or consequences of a |
---|
1539 | 1539 | | measure may be condemned in strong terms. COUNCIL RULES, PERIOD XXV I |
---|
1540 | 1540 | | |
---|
1541 | 1541 | | 44 |
---|
1542 | 1542 | | |
---|
1543 | 1543 | | 322. DECORUM OF MEMBERS OF THE PUBLIC. |
---|
1544 | 1544 | | (a)(1) No person may commit any act tending to distract the attention of the Council from |
---|
1545 | 1545 | | the business before it. |
---|
1546 | 1546 | | (2) No person may enge in loud, threatening, or abusive language, or disruptive |
---|
1547 | 1547 | | conduct in the John A. Wilson Building or on any virtual platform with the intent or effect of |
---|
1548 | 1548 | | impeding or disrupting the orderly conduct of business. |
---|
1549 | 1549 | | (b) The Chairman shall maintain order during a meeting. If the Chairman determines that |
---|
1550 | 1550 | | the removal of a person other than a Councilmember is necessary to maintain order, after |
---|
1551 | 1551 | | warning the person, the Chairman may order the removal of the person. |
---|
1552 | 1552 | | (c) Unless permitted by the Chairman, no person, other than Council staff may enter the |
---|
1553 | 1553 | | area designated as the well or the dais of the Chamber during an official meeting of the Council. |
---|
1554 | 1554 | | (d)(1) No signs, placards, posters, or attention-seeking devices of any kind or nature shall |
---|
1555 | 1555 | | be carried or placed within the Council hearing or meeting rooms or Chamber or any area where |
---|
1556 | 1556 | | a public hearing is being conducted. No demonstrations are permitted in the Chamber or any area |
---|
1557 | 1557 | | in which a Council proceeding or a public hearing is being conducted. |
---|
1558 | 1558 | | (2) This prohibition shall not apply to armbands, emblems, badges, or other |
---|
1559 | 1559 | | articles worn on the personal clothing of individuals; provided, that such armbands, emblems, |
---|
1560 | 1560 | | badges, or other articles are of such a size and nature as not to interfere with the vision or hearing |
---|
1561 | 1561 | | of other persons at a meeting nor extend from the body, potentially causing injury to another. |
---|
1562 | 1562 | | (3) Any person who violates the provisions of this subsection relating to signs, or |
---|
1563 | 1563 | | who willfully interrupts or disturbs Council proceedings, after a warning to desist, may be |
---|
1564 | 1564 | | removed from the proceeding or premises. |
---|
1565 | 1565 | | (4) Models, photographs, maps, charts, drawings, and other such demonstrative |
---|
1566 | 1566 | | materials intended for use in a presentation by a specific person in testimony before the Council |
---|
1567 | 1567 | | shall be permitted without objection. |
---|
1568 | 1568 | | (e) No person, except a Councilmember or Council staff, shall be allowed in the |
---|
1569 | 1569 | | anterooms of the Chamber during the course of any hearing or other proceeding of the Council or |
---|
1570 | 1570 | | any committee of the Council, except upon invitation of the Chairman or the chairperson of the |
---|
1571 | 1571 | | committee holding the public hearing. COUNCIL RULES, PERIOD XXV I |
---|
1572 | 1572 | | |
---|
1573 | 1573 | | 45 |
---|
1574 | 1574 | | |
---|
1575 | 1575 | | D. RULES OF DEBATE. |
---|
1576 | 1576 | | 331. OBTAINING THE FLOOR. |
---|
1577 | 1577 | | A Councilmember who wishes to speak, give notice, make a motion, submit a report, or |
---|
1578 | 1578 | | obtain the floor for any other purpose, shall address and be recognized by the Chairman before |
---|
1579 | 1579 | | addressing the Council. |
---|
1580 | 1580 | | 332. TIME LIMITS FOR DEBATE. |
---|
1581 | 1581 | | (a) No Councilmember may be recognized more than once to debate or make a motion |
---|
1582 | 1582 | | relating to a pending matter until all Councilmembers who wish to speak have been recognized. |
---|
1583 | 1583 | | (b) A Councilmember may speak no more than 3 minutes during the first round of debate |
---|
1584 | 1584 | | on a pending matter, and no more than 2 minutes during a subsequent round. |
---|
1585 | 1585 | | (c) A Councilmember may yield all or part of the Councilmember’s time provided by this |
---|
1586 | 1586 | | section to another Councilmember. |
---|
1587 | 1587 | | (d) The Chairman may, in the Chairman’s discretion, modify time limitations with |
---|
1588 | 1588 | | respect to specific matters scheduled for debate. |
---|
1589 | 1589 | | 333. PERSONAL PRIVILEGE. |
---|
1590 | 1590 | | Any Councilmember, as a matter of personal privilege, may speak no more than 10 |
---|
1591 | 1591 | | minutes under new business concerning a matter outside of a legislative meeting that may affect |
---|
1592 | 1592 | | the Council collectively, its rights, its dignity, or the integrity of its proceedings, or the rights, |
---|
1593 | 1593 | | reputation, or conduct of its individual members in their representative capacities only. |
---|
1594 | 1594 | | 334. APPEAL. |
---|
1595 | 1595 | | An appeal may be made from any decision of the Chairman. A Councilmember shall |
---|
1596 | 1596 | | state the basis for appealing a decision, to which the Chairman may respond. An appeal from a |
---|
1597 | 1597 | | decision of the Chairman must be made promptly and before other business has intervened. A |
---|
1598 | 1598 | | majority or tie vote of the Members present and voting on the question (whether the decision of |
---|
1599 | 1599 | | the Chairman shall be sustained) sustains the decision. An appeal is not debatable; provided, that |
---|
1600 | 1600 | | the Chairman may explain the basis for the Chairman’s decision. |
---|
1601 | 1601 | | 335. POINT OF ORDER. |
---|
1602 | 1602 | | A point of order is made when a Member raises the question to the Chairman, and seeks a |
---|
1603 | 1603 | | determination by the Chairman, as to whether there has been a breach of order or Council Rule. |
---|
1604 | 1604 | | A point of order is not debatable unless the Chairman permits debate. If the Chairman permits |
---|
1605 | 1605 | | debate on a point of order, the Chairman may limit debate. COUNCIL RULES, PERIOD XXV I |
---|
1606 | 1606 | | |
---|
1607 | 1607 | | 46 |
---|
1608 | 1608 | | |
---|
1609 | 1609 | | 336. PARLIMENTARY INQUIRY. |
---|
1610 | 1610 | | A parliamentary inquiry is made when a Member raises a question to the Chairman |
---|
1611 | 1611 | | seeking information about the procedure or business before the Council. The Chairman shall |
---|
1612 | 1612 | | answer the question about the procedure or business before the Council, or, when the Chairman |
---|
1613 | 1613 | | does not possess the information sought may direct the question to a Member or the General |
---|
1614 | 1614 | | Counsel who may be in possession of the information. A parliamentary inquiry is not debatable |
---|
1615 | 1615 | | or appealable. |
---|
1616 | 1616 | | 337. RECOGNITION OF NON-MEMBERS. |
---|
1617 | 1617 | | The Chairman may recognize a person who is not a Councilmember if the participation of |
---|
1618 | 1618 | | the person would, in the judgment of the Chairman, enhance the understanding of the matter |
---|
1619 | 1619 | | under consideration by the Council. |
---|
1620 | 1620 | | E. MOTIONS. |
---|
1621 | 1621 | | 341. MOTIONS RECOGNIZED DURING DEBATE. |
---|
1622 | 1622 | | When a question is under debate, the Chairman may entertain the following motions, |
---|
1623 | 1623 | | which shall take precedence in the following order: |
---|
1624 | 1624 | | (1) To adjourn; |
---|
1625 | 1625 | | (2) To recess; |
---|
1626 | 1626 | | (3) To reconsider; |
---|
1627 | 1627 | | (4) To lay on the table; |
---|
1628 | 1628 | | (5) To move the previous question; |
---|
1629 | 1629 | | (6) To close debate; |
---|
1630 | 1630 | | (7) To postpone to a certain time; |
---|
1631 | 1631 | | (8) To recommit to committee; |
---|
1632 | 1632 | | (9) To amend; |
---|
1633 | 1633 | | (10) To postpone indefinitely; |
---|
1634 | 1634 | | (11) To discharge; or |
---|
1635 | 1635 | | (12) To take from the table. COUNCIL RULES, PERIOD XXV I |
---|
1636 | 1636 | | |
---|
1637 | 1637 | | 47 |
---|
1638 | 1638 | | |
---|
1639 | 1639 | | 342. WITHDRAWAL OR MODIFICATION OF MOTIONS. |
---|
1640 | 1640 | | Any motion may be withdrawn or modified by the mover at any time before it has been |
---|
1641 | 1641 | | amended or voted on. |
---|
1642 | 1642 | | 343. ADJOURN. |
---|
1643 | 1643 | | The Chairman shall adjourn a meeting when there is no more business before the |
---|
1644 | 1644 | | Council. A Councilmember may move to adjourn at any time. A motion to adjourn is not |
---|
1645 | 1645 | | debatable, but the Chairman may inform the Councilmembers of any unfinished business |
---|
1646 | 1646 | | requiring attention of the Council. |
---|
1647 | 1647 | | 344. RECESS. |
---|
1648 | 1648 | | (a) The Chairman may, without a vote, recess a legislative meeting of the Council to |
---|
1649 | 1649 | | another time, day, or place. |
---|
1650 | 1650 | | (b)(1) A Councilmember may move to recess a meeting. |
---|
1651 | 1651 | | (2) A Councilmember may move to amend a pending motion to recess to set a |
---|
1652 | 1652 | | different length of the recess. |
---|
1653 | 1653 | | (3) If a motion to recess does not specify the time, day, or place at which the |
---|
1654 | 1654 | | meeting will reconvene, the Chairman may set a time, day, or place, or call the meeting to order |
---|
1655 | 1655 | | and summons the Members in accordance with Rule 368. |
---|
1656 | 1656 | | (4) Neither a motion to recess nor a motion to amend a pending motion to recess |
---|
1657 | 1657 | | shall be debatable. |
---|
1658 | 1658 | | (c)(1) A committee chairperson may, without a vote, recess a hearing or roundtable and |
---|
1659 | 1659 | | reconvene the hearing or roundtable at a future time, day, or place. |
---|
1660 | 1660 | | (2) If a hearing or roundtable is recessed without specifying the future time, day, |
---|
1661 | 1661 | | or place for the hearing or roundtable, the chairperson of that committee shall circulate notice of |
---|
1662 | 1662 | | the new time, day, or place in accordance with Rule 283. |
---|
1663 | 1663 | | 345. RECONSIDER. |
---|
1664 | 1664 | | (a) A Councilmember recorded as having voted with the prevailing side on a question |
---|
1665 | 1665 | | may move to reconsider the question at any time, except as limited by this section. |
---|
1666 | 1666 | | (b)(1) A bill may be reconsidered before it has been signed or vetoed by the Mayor, or |
---|
1667 | 1667 | | before it has been deemed approved by operation of section 404 of the Home Rule Act (D.C. |
---|
1668 | 1668 | | Official Code § 1-204.04). COUNCIL RULES, PERIOD XXV I |
---|
1669 | 1669 | | |
---|
1670 | 1670 | | 48 |
---|
1671 | 1671 | | |
---|
1672 | 1672 | | (2) A resolution may be reconsidered at any time before its implementation. |
---|
1673 | 1673 | | (3) A committee may reconsider its vote to report a measure at any time before |
---|
1674 | 1674 | | the Council votes on the measure. |
---|
1675 | 1675 | | (4) A motion to reconsider a question considered at a different meeting shall not |
---|
1676 | 1676 | | be in order unless the motion to reconsider has been noticed in accordance with Rule 429. |
---|
1677 | 1677 | | (c) For the purpose of this rule, a Councilmember who was present and voting on a |
---|
1678 | 1678 | | question decided by a voice vote shall be considered as having voted with the prevailing side on |
---|
1679 | 1679 | | the question, unless the Councilmember had asked to be recorded as voting ainst the prevailing |
---|
1680 | 1680 | | side or recorded as “PRESENT”. |
---|
1681 | 1681 | | (d) A motion to reconsider cannot be made by a Councilmember who was absent during a |
---|
1682 | 1682 | | voice or roll-call vote on a question. |
---|
1683 | 1683 | | (e) A motion to reconsider requires the approval of a majority of the Councilmembers |
---|
1684 | 1684 | | present and voting. |
---|
1685 | 1685 | | (f)(1) If the question to which a motion to reconsider applies is debatable, the motion to |
---|
1686 | 1686 | | reconsider is debatable, and the debate may go to the question. |
---|
1687 | 1687 | | (2) If the question to which a motion to reconsider applies is not debatable, the |
---|
1688 | 1688 | | motion to reconsider shall not be debatable. |
---|
1689 | 1689 | | (g) If a motion to reconsider fails, the motion cannot be repeated. |
---|
1690 | 1690 | | (h) A motion to reconsider is not required to consider amendments accepted or rejected |
---|
1691 | 1691 | | on a previous reading of a measure. |
---|
1692 | 1692 | | (i) Votes to approve or amend these Rules may not be reconsidered pursuant to this |
---|
1693 | 1693 | | section. |
---|
1694 | 1694 | | 346. LAY ON THE TABLE. |
---|
1695 | 1695 | | (a)(1) A Councilmember may make an unqualified motion to lay a question on the table, |
---|
1696 | 1696 | | which is not debatable and, if adopted by a majority of Councilmembers present and voting, shall |
---|
1697 | 1697 | | immediately end debate on the question. |
---|
1698 | 1698 | | (2) If an amendment to a measure is pending before the Council, a |
---|
1699 | 1699 | | Councilmember may make a motion to lay the amendment on the table, which is not debatable |
---|
1700 | 1700 | | and, if adopted by a majority of Councilmembers present and voting, shall immediately end |
---|
1701 | 1701 | | debate on the amendment. |
---|
1702 | 1702 | | (b) A motion to lay on the table may be applied to main motions only. COUNCIL RULES, PERIOD XXV I |
---|
1703 | 1703 | | |
---|
1704 | 1704 | | 49 |
---|
1705 | 1705 | | |
---|
1706 | 1706 | | (c) A committee chairperson may carry over a measure reported by that committee from |
---|
1707 | 1707 | | Council consideration until the next regular legislative meeting (or additional meeting, with the |
---|
1708 | 1708 | | Chairman’s concurrence) in this Council Period. If a measure has been sequentially referred, the |
---|
1709 | 1709 | | committee chairperson of the last-reporting committee may carry over a measure under this |
---|
1710 | 1710 | | subsection. |
---|
1711 | 1711 | | 347. MOTION TO MOVE THE PREVIOUS QUESTION . |
---|
1712 | 1712 | | (a) A Councilmember may limit debate by making a motion to move the previous |
---|
1713 | 1713 | | question, which shall require approval of 2/3rds of the Councilmembers present and voting. If a |
---|
1714 | 1714 | | motion to move the previous question carries, no further debate is in order on the pending |
---|
1715 | 1715 | | question, and no further amendments to the main motion are in order absent a motion to |
---|
1716 | 1716 | | reconsider the motion to move the previous question. |
---|
1717 | 1717 | | (b) A Motion to move the previous questions is not debatable. |
---|
1718 | 1718 | | 348. MOTION TO CLOSE DEBATE. |
---|
1719 | 1719 | | (a) A Councilmember also may limit debate by making a motion to close debate, which is |
---|
1720 | 1720 | | not debatable. |
---|
1721 | 1721 | | (b) A motion to close debate shall require approval of 2/3rds of the Councilmembers |
---|
1722 | 1722 | | present and voting. If a motion to close debate carries, no further debate is in order, except that: |
---|
1723 | 1723 | | (1) Each Councilmember who has not spoken on the pending question may speak |
---|
1724 | 1724 | | for no more than 2 minutes; and |
---|
1725 | 1725 | | (2) The Chairman may recognize the maker of the pending motion. |
---|
1726 | 1726 | | 349. POSTPONE TO A CERTAIN TIME. |
---|
1727 | 1727 | | (a) A Councilmember may move to postpone a question to a certain time, which shall be |
---|
1728 | 1728 | | adopted by a majority of Councilmembers present and voting. A motion to postpone to a certain |
---|
1729 | 1729 | | time is debatable, though it is not in order to debate the merits of the underlying question. |
---|
1730 | 1730 | | (b) A motion to postpone to a certain time may be applied to main motions only. |
---|
1731 | 1731 | | 350. RECOMMIT. |
---|
1732 | 1732 | | A Councilmember may move to recommit a measure pending before the Council to a |
---|
1733 | 1733 | | standing committee. If a majority of Councilmembers present and voting approve a motion to |
---|
1734 | 1734 | | recommit, the Chairman shall refer the measure to a standing committee or committees in |
---|
1735 | 1735 | | accordance with Rule 404. A motion to recommit is debatable, though debate shall be limited to COUNCIL RULES, PERIOD XXV I |
---|
1736 | 1736 | | |
---|
1737 | 1737 | | 50 |
---|
1738 | 1738 | | |
---|
1739 | 1739 | | the desirability of committing the measure to the committee. Debate on the merits of the measure |
---|
1740 | 1740 | | is not in order while a motion to recommit is pending. |
---|
1741 | 1741 | | 351. AMEND. |
---|
1742 | 1742 | | A Councilmember may move to amend a measure pursuant to Part F of this Article. |
---|
1743 | 1743 | | 352. POSTPONE INDEFINITELY. |
---|
1744 | 1744 | | (a) A Councilmember may move to postpone indefinitely any question pending before |
---|
1745 | 1745 | | the Council. A motion to postpone indefinitely is debatable, and it is in order to debate the merits |
---|
1746 | 1746 | | of the underlying question. |
---|
1747 | 1747 | | (b) A motion to postpone indefinitely requires a vote of the majority of Councilmembers |
---|
1748 | 1748 | | present and voting. |
---|
1749 | 1749 | | (c) Upon adoption of a motion to postpone indefinitely, the question may not be |
---|
1750 | 1750 | | reconsidered unless 2/3rds of Councilmembers present and voting agree to reconsider the |
---|
1751 | 1751 | | question. |
---|
1752 | 1752 | | (d) A motion to postpone indefinitely may be applied to main motions only. |
---|
1753 | 1753 | | 353. DISCHARGE. |
---|
1754 | 1754 | | The Council may, by a vote of 2/3rds of the Members present and voting, discharge a |
---|
1755 | 1755 | | committee from further consideration of a measure that has been referred to the committee. Upon |
---|
1756 | 1756 | | approval of the discharge motion, the Council shall consider the measure as if it had been |
---|
1757 | 1757 | | reported from the committee without amendment or modification or recommit the measure to |
---|
1758 | 1758 | | another committee. |
---|
1759 | 1759 | | 354. TAKE FROM THE TABLE. |
---|
1760 | 1760 | | (a) When no question is pending before the Council, a Councilmember may move to take |
---|
1761 | 1761 | | from the table any measure previously tabled during the legislative meeting. |
---|
1762 | 1762 | | (b) When a measure is pending before the Council, a Councilmember may move to take |
---|
1763 | 1763 | | from the table any amendment to the measure that was previously tabled. |
---|
1764 | 1764 | | (c) Provided that a Councilmember provided the notice required by Rule 429(2), the |
---|
1765 | 1765 | | Councilmember may move to take from the table any measure tabled during a previous |
---|
1766 | 1766 | | legislative meeting. |
---|
1767 | 1767 | | (d) A motion to take from the table is not debatable and shall be adopted by a majority |
---|
1768 | 1768 | | vote of Councilmembers present and voting. COUNCIL RULES, PERIOD XXV I |
---|
1769 | 1769 | | |
---|
1770 | 1770 | | 51 |
---|
1771 | 1771 | | |
---|
1772 | 1772 | | (e)(1) Upon adoption of a motion to take a question from the table, the question shall be |
---|
1773 | 1773 | | before the Council in the same status as it was when the Council tabled the question. |
---|
1774 | 1774 | | (2) If the motion to take a question from the table does not occur during the |
---|
1775 | 1775 | | legislative meeting at which the question was tabled, each Councilmember shall be entitled to |
---|
1776 | 1776 | | debate the question as if the last motion adhering to the question was just made. |
---|
1777 | 1777 | | F. AMENDMENTS. |
---|
1778 | 1778 | | 355. AMENDMENTS TO BE WRITTEN. |
---|
1779 | 1779 | | (a) Councilmembers shall endeavor to file with the Secretary amendments to pending |
---|
1780 | 1780 | | measures by 6:00 p.m. on the business day before the legislative meeting at which they are to be |
---|
1781 | 1781 | | moved. The Secretary shall circulate links to the amendments shortly after 6:00 p.m. |
---|
1782 | 1782 | | (b)(1) If a Councilmember has not filed an amendment with the Secretary in accordance |
---|
1783 | 1783 | | with subsection (a) of this section, the Councilmember shall circulate copies to each |
---|
1784 | 1784 | | Councilmember. |
---|
1785 | 1785 | | (2) A Councilmember shall file an amendment in accordance with Rule 282(a) |
---|
1786 | 1786 | | and (b) within 24 hours of the legislative meeting at which the amendment was offered if the |
---|
1787 | 1787 | | amendment was not previously filed in accordance with subsection (a) of this section. |
---|
1788 | 1788 | | (c) Notwithstanding any other rule, if an oral amendment is made before a vote on a |
---|
1789 | 1789 | | measure, such oral amendment shall be reduced to writing and read by the General Counsel, and |
---|
1790 | 1790 | | made available for public inspection as soon as practicable. |
---|
1791 | 1791 | | |
---|
1792 | 1792 | | (d) As required by Rule 309, no amendment may be approved by the Council without a |
---|
1793 | 1793 | | fiscal impact statement presented to the Council at the time of its consideration; provided, that |
---|
1794 | 1794 | | the Chairman may waive these requirements if the Chairman concurs with the Budget Director |
---|
1795 | 1795 | | that there is no adverse fiscal impact. |
---|
1796 | 1796 | | |
---|
1797 | 1797 | | (e) As required by Rule 310, no amendment may be approved by the Council without a |
---|
1798 | 1798 | | lel sufficiency determination presented to the Council at the time of its consideration; |
---|
1799 | 1799 | | provided, that the Chairman may waive these requirements if the Chairman concurs with the |
---|
1800 | 1800 | | General Counsel that the amendment is lelly sufficient. |
---|
1801 | 1801 | | 356. GERMANE AMENDMENTS. |
---|
1802 | 1802 | | (a) To be germane to a measure, the amendment is required to relate in an appropriate, |
---|
1803 | 1803 | | relevant, and logical way to the subject of the main measure. It may entirely change the effect of |
---|
1804 | 1804 | | or be in conflict with the spirit of the main measure and still be germane to the subject. COUNCIL RULES, PERIOD XXV I |
---|
1805 | 1805 | | |
---|
1806 | 1806 | | 52 |
---|
1807 | 1807 | | |
---|
1808 | 1808 | | (b) An amendment in the nature of a substitute may be offered as long as it is germane to |
---|
1809 | 1809 | | the subject matter of the main measure. |
---|
1810 | 1810 | | (c) An amendment to a prior-offered amendment must be germane to the subject of the |
---|
1811 | 1811 | | prior-offered amendment and to the subject matter of the main measure. |
---|
1812 | 1812 | | (d) Every amendment proposed to an emergency or temporary measure must be germane |
---|
1813 | 1813 | | to the subject matter of the main measure to be amended. |
---|
1814 | 1814 | | (e) A non-germane amendment to a permanent bill requires 2 readings and must be |
---|
1815 | 1815 | | approved by 2/3rds of the Members present and voting. |
---|
1816 | 1816 | | 357. FRIENDLY AMENDMENTS. |
---|
1817 | 1817 | | Without objection, the mover of a motion or a measure may accept a friendly |
---|
1818 | 1818 | | amendment, which, if accepted, shall be voted on simultaneously with the motion or measure. A |
---|
1819 | 1819 | | friendly amendment to a second-degree amendment is not considered a third-degree amendment. |
---|
1820 | 1820 | | 358. AMENDMENT IN THE NATURE OF A SUBSTITUTE. |
---|
1821 | 1821 | | (a) A notice of intent to move an amendment in the nature of a substitute to a measure at |
---|
1822 | 1822 | | a legislative meeting shall be filed with the Secretary and circulated by noon on the business day |
---|
1823 | 1823 | | before the legislative meeting. The filed notice shall explain the rationale and the mover’s |
---|
1824 | 1824 | | reasoning for the amendment and be accompanied by the proposed amendment in the nature of a |
---|
1825 | 1825 | | substitute, which shall reflect all substantive changes from the prior version of the legislation |
---|
1826 | 1826 | | (committee print or engrossment) by using strikeovers on the language that is proposed to be |
---|
1827 | 1827 | | deleted from the prior version and underscore on all new language that is proposed to be added |
---|
1828 | 1828 | | by the amendment in the nature of a substitute. |
---|
1829 | 1829 | | (b) The mover of an amendment in the nature of a substitute may have a separate |
---|
1830 | 1830 | | amendment considered simultaneously with the amendment in the nature of a substitute. |
---|
1831 | 1831 | | (c) Notwithstanding subsection (a) of this section, if the Council is closed for a lel |
---|
1832 | 1832 | | holiday on the day before a legislative meeting, the notice and accompanying amendment shall |
---|
1833 | 1833 | | be filed and circulated no later than close of business on the business day before the legislative |
---|
1834 | 1834 | | meeting. |
---|
1835 | 1835 | | G. VOTING. |
---|
1836 | 1836 | | 361. FORM OF VOTE. |
---|
1837 | 1837 | | Voting shall be in the form of “YES”, “NO”, and “PRESENT”. A vote of “PRESENT” |
---|
1838 | 1838 | | shall be deemed the equivalent of an abstention or a non-vote. COUNCIL RULES, PERIOD XXV I |
---|
1839 | 1839 | | |
---|
1840 | 1840 | | 53 |
---|
1841 | 1841 | | |
---|
1842 | 1842 | | 362. VOICE VOTES. |
---|
1843 | 1843 | | Except as provided in Rule 363, votes on all questions shall be by voice, with the results |
---|
1844 | 1844 | | determined by the Chairman. A Councilmember’s vote upon any matter shall be recorded upon |
---|
1845 | 1845 | | request. |
---|
1846 | 1846 | | 363. DEMAND FOR ROLL-CALL VOTE. |
---|
1847 | 1847 | | Any Member, in advance of a vote or immediately thereafter, may demand a roll-call |
---|
1848 | 1848 | | vote. |
---|
1849 | 1849 | | 364. CALLING THE ROLL. |
---|
1850 | 1850 | | When a roll-call vote is demanded, the Secretary shall call the roll of the |
---|
1851 | 1851 | | Councilmembers in rotating alphabetical order so that the Councilmember whose name is called |
---|
1852 | 1852 | | first is the same Member whose name was called second on the next previous vote, and so on |
---|
1853 | 1853 | | through the roll, so that the Councilmember whose name is called last is the same |
---|
1854 | 1854 | | Councilmember whose name was called first on the next previous vote. At the end of the roll |
---|
1855 | 1855 | | call, the names of those who failed to answer can be called ain, or the Chairman can ask if |
---|
1856 | 1856 | | anyone entered the room after the Councilmember’s name was called. Changes of vote are also |
---|
1857 | 1857 | | permitted at this time, before the result is announced. No Councilmember may vote “pass” more |
---|
1858 | 1858 | | than once on the same amendment to a measure or on the measure in its entirety. A second vote |
---|
1859 | 1859 | | of “pass” shall be considered a vote of “present.” |
---|
1860 | 1860 | | 365. RECORDS OF VOTES. |
---|
1861 | 1861 | | (a) When a measure is approved or disapproved by voice vote, the Secretary shall record |
---|
1862 | 1862 | | all Members present as voting on the prevailing side, unless there has been a request to be |
---|
1863 | 1863 | | recorded as having voted “YES”, “NO”, or “PRESENT”, or a Member has recused themself |
---|
1864 | 1864 | | from voting. |
---|
1865 | 1865 | | (b) When a roll-call vote is demanded, the Secretary will record the names of those |
---|
1866 | 1866 | | voting “YES”, “NO”, or “PRESENT”. Members will be recorded as absent if they are not visible |
---|
1867 | 1867 | | or in the Chamber when a vote is taken. Voting records are official records of the Council. |
---|
1868 | 1868 | | (c) After the Chairman has announced the result of a vote, a Councilmember may not |
---|
1869 | 1869 | | change his or her vote. |
---|
1870 | 1870 | | 366. TAX ABATEMENT FINANCIAL ANALYSIS (TAFA) |
---|
1871 | 1871 | | (a) A TAFA is required at the time of committee mark up for each measure that grants an |
---|
1872 | 1872 | | exemption or abatement of a tax imposed by D.C. Official Code § 42-1103 or Title 47 of the |
---|
1873 | 1873 | | District of Columbia Official Code, unless the exemption or abatement is one of general |
---|
1874 | 1874 | | applicability. COUNCIL RULES, PERIOD XXV I |
---|
1875 | 1875 | | |
---|
1876 | 1876 | | 54 |
---|
1877 | 1877 | | |
---|
1878 | 1878 | | (b) Where a TAFA issued by the Chief Financial Officer states that an abatement or tax |
---|
1879 | 1879 | | relief is not necessary, a measure authorizing such abatement or tax relief shall, at first reading, |
---|
1880 | 1880 | | require approval of 2/3rds of the Councilmembers present and voting. |
---|
1881 | 1881 | | 367. PROXY VOTING PROHIBITED. |
---|
1882 | 1882 | | (a) Proxies shall not be permitted either for the purpose of voting or for the purpose of |
---|
1883 | 1883 | | obtaining a quorum. |
---|
1884 | 1884 | | (b) Virtual participation (e.g. videoconference) is permitted provided the Member’s |
---|
1885 | 1885 | | camera is on and the Member can be seen by the Secretary. An unstable connection shall not |
---|
1886 | 1886 | | require delay in Council proceedings. |
---|
1887 | 1887 | | 368. SUMMONS OF MEMBERS. |
---|
1888 | 1888 | | (a) Before putting a question to vote, the Chairman may hold open the vote for no more |
---|
1889 | 1889 | | than 2 minutes for the purpose of summoning Members who are absent. During that time, the |
---|
1890 | 1890 | | Secretary shall summon the Members who are absent from the Chamber. At the Chairman’s |
---|
1891 | 1891 | | direction, the Secretary shall call the names of the absent Members. |
---|
1892 | 1892 | | (b) No Councilmember may be summoned more than once at the same legislative |
---|
1893 | 1893 | | meeting. |
---|
1894 | 1894 | | H. OPEN MEETINGS. |
---|
1895 | 1895 | | 371. OPEN MEETINGS, GENERALLY. |
---|
1896 | 1896 | | (a) Except as provided in Rule 375, a meeting of the Council and a meeting of a |
---|
1897 | 1897 | | committee shall be open to the public. |
---|
1898 | 1898 | | (b) The Council or a committee shall not keep the number of attendees below a quorum |
---|
1899 | 1899 | | to avoid the requirements of this section. |
---|
1900 | 1900 | | (c) For the purposes of this part, the terms: |
---|
1901 | 1901 | | (1) “Meeting of a committee” means a thering of a quorum of a committee of the |
---|
1902 | 1902 | | Council, whether informal or formal, regular, special, additional, or emergency, at which the |
---|
1903 | 1903 | | Councilmembers consider, conduct, or advise on public business, including thering |
---|
1904 | 1904 | | information, taking testimony, discussing, deliberating, recommending, and voting, rerdless of |
---|
1905 | 1905 | | whether held in person, by telephone, electronically, or by other means of communication. A |
---|
1906 | 1906 | | meeting of a committee shall not include: |
---|
1907 | 1907 | | (A) A chance or social thering; provided, that it is not held to avoid the |
---|
1908 | 1908 | | provisions of this paragraph; COUNCIL RULES, PERIOD XXV I |
---|
1909 | 1909 | | |
---|
1910 | 1910 | | 55 |
---|
1911 | 1911 | | |
---|
1912 | 1912 | | (B) Press conferences; or |
---|
1913 | 1913 | | |
---|
1914 | 1914 | | (C) A site visit or tour exclusively for the purpose of thering |
---|
1915 | 1915 | | information. |
---|
1916 | 1916 | | |
---|
1917 | 1917 | | (2) “Meeting of the Council” means a thering of a quorum of the Council, |
---|
1918 | 1918 | | including hearings and roundtables, whether informal or formal, regular, special, additional or |
---|
1919 | 1919 | | emergency, at which the Councilmembers consider, conduct, or advise on public business, |
---|
1920 | 1920 | | including thering information, taking testimony, discussing, deliberating, recommending, and |
---|
1921 | 1921 | | voting, rerdless of whether held in person, by telephone, electronically, or by other means of |
---|
1922 | 1922 | | communication. A meeting of the Council shall not include: |
---|
1923 | 1923 | | (A) A chance meeting or social thering; provided, that it is not held to |
---|
1924 | 1924 | | avoid the provisions of this paragraph; or |
---|
1925 | 1925 | | (B) Press conferences. |
---|
1926 | 1926 | | 372. MEETINGS DEEMED OPEN. |
---|
1927 | 1927 | | A meeting of the Council or a meeting of a committee is deemed open if the: |
---|
1928 | 1928 | | (1) Public is permitted to be physically present; |
---|
1929 | 1929 | | (2) News media is permitted to be physically present; |
---|
1930 | 1930 | | (3) Meeting is televised; |
---|
1931 | 1931 | | (4) Meeting is virtual and the public or news media are permitted to attend, and |
---|
1932 | 1932 | | this is permissible under the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; |
---|
1933 | 1933 | | D.C. Official Code § 2-571 et seq.); or |
---|
1934 | 1934 | | (5) Meeting otherwise complies with section 405(a) of the Open Meeting Act, |
---|
1935 | 1935 | | effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-575(a)). |
---|
1936 | 1936 | | 373. NOTICE OF MEETINGS. |
---|
1937 | 1937 | | (a)(1) Before a meeting of the Council is held, whether open or closed, at least one |
---|
1938 | 1938 | | Councilmember attending the meeting shall notify the Secretary at least 48 hours before the |
---|
1939 | 1939 | | meeting, unless emergency circumstances require less notice. |
---|
1940 | 1940 | | (2) Before a meeting of a committee is held, whether open or closed, at least one |
---|
1941 | 1941 | | Councilmember attending the meeting shall notify the Secretary at least 24 hours before the |
---|
1942 | 1942 | | meeting, unless emergency circumstances require less notice. COUNCIL RULES, PERIOD XXV I |
---|
1943 | 1943 | | |
---|
1944 | 1944 | | 56 |
---|
1945 | 1945 | | |
---|
1946 | 1946 | | (b) Notice provided pursuant to this section shall be posted by the Secretary in plain view |
---|
1947 | 1947 | | in the John A. Wilson Building, except during a period for which a public emergency has been |
---|
1948 | 1948 | | declared pursuant to section 5 of the District of Columbia Public Emergency Act of 1980, |
---|
1949 | 1949 | | effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304), and on the website |
---|
1950 | 1950 | | of the Council. |
---|
1951 | 1951 | | (c) A notice for a meeting of the Council or a meeting of a committee provided pursuant |
---|
1952 | 1952 | | to this section shall include the: |
---|
1953 | 1953 | | (1) Date; |
---|
1954 | 1954 | | (2) Time; |
---|
1955 | 1955 | | (3) Location; and |
---|
1956 | 1956 | | (4) Planned agenda, if applicable, for the meeting. |
---|
1957 | 1957 | | (d) If a meeting of the Council or a meeting of a committee, or any portion of a meeting, |
---|
1958 | 1958 | | is expected to be closed, the notice shall include a statement of the intent to close the meeting, |
---|
1959 | 1959 | | including the reasons for the closure. |
---|
1960 | 1960 | | (e) This section shall not apply to administrative meetings, breakfast meetings, open |
---|
1961 | 1961 | | discussions, or other thering of the Council when no official action is expected to take place; |
---|
1962 | 1962 | | provided, that no official action may be taken at such meetings. |
---|
1963 | 1963 | | (f) Notice for hearings or roundtables shall be provided pursuant to Rule 421. |
---|
1964 | 1964 | | 374. RECORD OF MEETINGS. |
---|
1965 | 1965 | | (a) Except as provided in subsection (c) of this section, all meetings, whether open or |
---|
1966 | 1966 | | closed, shall be recorded electronically. In accordance with Rule 807 and 808, the electronic |
---|
1967 | 1967 | | recording shall be produced and maintained by the Secretary; provided, that if a recording is not |
---|
1968 | 1968 | | possible, detailed minutes of the meetings shall be kept by the Secretary. |
---|
1969 | 1969 | | (b) If a meeting is open: |
---|
1970 | 1970 | | (1) Copies of the records shall be provided to the public or any requester at his or |
---|
1971 | 1971 | | her expense; |
---|
1972 | 1972 | | (2) A copy of the draft minutes shall be made available to the public or requester |
---|
1973 | 1973 | | no more than 3 business days after the meeting; and |
---|
1974 | 1974 | | (3) A copy of the full record, including any recording or transcript, shall be made |
---|
1975 | 1975 | | available no later than 7 business days after the meeting. COUNCIL RULES, PERIOD XXV I |
---|
1976 | 1976 | | |
---|
1977 | 1977 | | 57 |
---|
1978 | 1978 | | |
---|
1979 | 1979 | | (c) This section shall not apply to administrative meetings, breakfast meetings, open |
---|
1980 | 1980 | | discussions, or other thering of the Council when no official action is expected to take place; |
---|
1981 | 1981 | | provided, that no official action may be taken at such meetings. |
---|
1982 | 1982 | | 375. EXCEPTIONS TO OPEN MEETINGS. |
---|
1983 | 1983 | | A meeting, or a portion of a meeting, may be closed for the following reasons: |
---|
1984 | 1984 | | (1) A law or court order requires that a particular matter or proceeding not be |
---|
1985 | 1985 | | public; |
---|
1986 | 1986 | | (2) To discuss, establish, or instruct a public body’s staff or negotiating agents |
---|
1987 | 1987 | | concerning the position to be taken in negotiating the price and other material terms of a |
---|
1988 | 1988 | | contract, including an employment contract, if an open meeting would adversely affect the |
---|
1989 | 1989 | | barining position or negotiating strategy of the public body; |
---|
1990 | 1990 | | (3) To discuss, establish, or instruct a public body’s staff or negotiating agents |
---|
1991 | 1991 | | concerning the position to be taken in negotiating incentives relating to the location or expansion |
---|
1992 | 1992 | | of industries or other businesses or business activities in the District; |
---|
1993 | 1993 | | (4) To consult with an attorney to obtain lel advice and to preserve the attorney- |
---|
1994 | 1994 | | client privilege between an attorney and a public body, or to approve settlement agreements; |
---|
1995 | 1995 | | provided, that, upon request, the public body may decide to waive the privilege; provided, that |
---|
1996 | 1996 | | nothing herein shall be construed to permit the Council or Council committee to close a meeting |
---|
1997 | 1997 | | that would otherwise be open merely because the attorney for the public body is a participant; |
---|
1998 | 1998 | | (5) Planning, discussing, or conducting specific collective-barining |
---|
1999 | 1999 | | negotiations; |
---|
2000 | 2000 | | (6) Preparation, administration, or grading of scholastic, licensing, or qualifying |
---|
2001 | 2001 | | examinations; |
---|
2002 | 2002 | | (7) To prevent premature disclosure of an honorary degree, scholarship, prize, or |
---|
2003 | 2003 | | similar award; |
---|
2004 | 2004 | | (8) To discuss and take action rerding specific methods and procedures to |
---|
2005 | 2005 | | protect the public from existing or potential terrorist activity or substantial dangers to public |
---|
2006 | 2006 | | health and safety, and to receive briefings by staff members, lel counsel, law-enforcement |
---|
2007 | 2007 | | officials, or emergency-service officials concerning these methods and procedures; provided, that |
---|
2008 | 2008 | | disclosure would endanger the public and a record of the closed session is made public if and |
---|
2009 | 2009 | | when the public would not be endangered by that disclosure; |
---|
2010 | 2010 | | (9) To discuss disciplinary matters; COUNCIL RULES, PERIOD XXV I |
---|
2011 | 2011 | | |
---|
2012 | 2012 | | 58 |
---|
2013 | 2013 | | |
---|
2014 | 2014 | | (10) To discuss the appointment, employment, assignment, promotion, |
---|
2015 | 2015 | | performance evaluation, compensation, discipline, demotion, removal, or resignation of |
---|
2016 | 2016 | | government appointees, employees, or officials, including Councilmembers and staff; |
---|
2017 | 2017 | | (11) To discuss trade secrets and commercial or financial information obtained |
---|
2018 | 2018 | | from outside the government, to the extent that disclosure would result in substantial harm to the |
---|
2019 | 2019 | | competitive position of the person from whom the information was obtained; |
---|
2020 | 2020 | | (12) To train and develop members of a public body, including the Council and |
---|
2021 | 2021 | | staff; |
---|
2022 | 2022 | | (13) To deliberate upon a decision in an adjudication action or proceeding by a |
---|
2023 | 2023 | | public body exercising quasi-judicial functions; |
---|
2024 | 2024 | | (14) To plan, discuss, or hear reports concerning ongoing or planned |
---|
2025 | 2025 | | investitions of alleged criminal or civil misconduct or violations of law or regulations, if |
---|
2026 | 2026 | | disclosure to the public would harm the investition; and |
---|
2027 | 2027 | | (15) Any other reason provided in section 405(b) of the Open Meeting Act, |
---|
2028 | 2028 | | effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-575(b)). |
---|
2029 | 2029 | | 376. CLOSED MEETINGS |
---|
2030 | 2030 | | (a)(1) Before a meeting or portion of a meeting may be closed, the Council or committee |
---|
2031 | 2031 | | shall meet in public session at which a majority of the members present vote, upon good cause |
---|
2032 | 2032 | | shown, in favor of closure. |
---|
2033 | 2033 | | (2) The presiding officer shall make a statement providing the reason for closure, |
---|
2034 | 2034 | | including citations from Rule 375, and the subjects to be discussed. A copy of the roll call vote |
---|
2035 | 2035 | | and the statement shall be provided in writing and made available to the public. |
---|
2036 | 2036 | | (3) A Council or committee that meets in closed session shall not discuss or |
---|
2037 | 2037 | | consider matters other than those matters listed under Rule 375. |
---|
2038 | 2038 | | (b) Except as provided in subsection (c) of this section, the record of a closed meeting, |
---|
2039 | 2039 | | including testimony taken and evidence received in a closed meeting, shall be confidential and |
---|
2040 | 2040 | | may not be released to the public. |
---|
2041 | 2041 | | (c)(1) Upon good cause shown and, if applicable, after the 10-day period described in |
---|
2042 | 2042 | | paragraph (3) of this subsection, a majority of the Council or committee may approve the release |
---|
2043 | 2043 | | of the record, including testimony taken or evidence received in a closed meeting. COUNCIL RULES, PERIOD XXV I |
---|
2044 | 2044 | | |
---|
2045 | 2045 | | 59 |
---|
2046 | 2046 | | |
---|
2047 | 2047 | | (2) Ten days before the release of testimony taken or evidence received in a |
---|
2048 | 2048 | | closed meeting, the Council or committee must notify, in writing, the affected witness that the |
---|
2049 | 2049 | | Council or committee intends to release the testimony or evidence. |
---|
2050 | 2050 | | (3) Before the expiration of the 10-day period, the affected witness may request, |
---|
2051 | 2051 | | in writing directed to the presiding Council or committee member, and the Council or committee |
---|
2052 | 2052 | | may consider withholding the testimony or evidence described in the notice. |
---|
2053 | 2053 | | ARTICLE IV—LEGISLATION. |
---|
2054 | 2054 | | A. INTRODUCTION OF LEGISLATION. |
---|
2055 | 2055 | | 401. WHO MAY INTRODUCE. |
---|
2056 | 2056 | | (a)(1) Only a Councilmember may introduce legislation for consideration by the Council. |
---|
2057 | 2057 | | (2) At the time a measure is filed with the Secretary, in accordance with Rule 282, |
---|
2058 | 2058 | | the measure shall be filed in Word and PDF format via the LIMS e-Filing module. |
---|
2059 | 2059 | | |
---|
2060 | 2060 | | (b)(1) Proposed legislation transmitted to the Council by the Mayor, the Uniform Law |
---|
2061 | 2061 | | Commission, or an independent agency shall be submitted in Word format, shall be complete, |
---|
2062 | 2062 | | and shall comply with these Rules. It shall be introduced by the Chairman, at the request of the |
---|
2063 | 2063 | | Mayor (or as submitted by the Mayor), or the independent agency. Legislation transmitted by the |
---|
2064 | 2064 | | Mayor or an independent agency shall not be introduced on the dais at a legislative meeting or a |
---|
2065 | 2065 | | work session of the Committee of the Whole. |
---|
2066 | 2066 | | (2)(A) To be considered at a legislative meeting, legislation transmitted by the |
---|
2067 | 2067 | | Mayor or an independent agency that requests Council approval of a contract shall be filed with |
---|
2068 | 2068 | | the Secretary, with the required contract summary and contract, including relevant modifications, |
---|
2069 | 2069 | | no later than the close of business on the fourth business day before the meeting. |
---|
2070 | 2070 | | (B) To be considered at a legislative meeting, all other measures |
---|
2071 | 2071 | | transmitted by the Mayor or an independent agency shall be filed with the Secretary no later than |
---|
2072 | 2072 | | noon on the second business day before the meeting. |
---|
2073 | 2073 | | (3) Proposed legislation from the Mayor, the Uniform Law Commission, or an |
---|
2074 | 2074 | | independent agency shall be transmitted to the Council by hard copy or a copy in Word format |
---|
2075 | 2075 | | by email, or any other medium as determined by the Secretary. All confirmation resolutions |
---|
2076 | 2076 | | submitted to the Council by the Mayor shall include a copy of the current resume of the nominee. |
---|
2077 | 2077 | | The Secretary shall place a Word format copy of the proposed legislation on the Council’s |
---|
2078 | 2078 | | intranet. |
---|
2079 | 2079 | | (4) Legislation transmitted under this subsection shall be filed with the Secretary |
---|
2080 | 2080 | | during normal business hours. COUNCIL RULES, PERIOD XXV I |
---|
2081 | 2081 | | |
---|
2082 | 2082 | | 60 |
---|
2083 | 2083 | | |
---|
2084 | 2084 | | (5) The Secretary shall determine whether the proposed legislation is in the |
---|
2085 | 2085 | | appropriate form, complete, and complies with these Rules, and may return any proposed |
---|
2086 | 2086 | | legislation that is not in the appropriate form or complete to the Mayor, the Uniform Law |
---|
2087 | 2087 | | Commission, or the independent agency. |
---|
2088 | 2088 | | 402. MANNER OF INTRODUCTION. |
---|
2089 | 2089 | | (a) A Councilmember may introduce a measure by filing the signed original of the |
---|
2090 | 2090 | | measure with the Secretary during normal business hours. |
---|
2091 | 2091 | | (b) An introduced measure may be accompanied by a Statement of Introduction at the |
---|
2092 | 2092 | | time of filing, which shall be available on LIMS and made part of the official record of the |
---|
2093 | 2093 | | measure. |
---|
2094 | 2094 | | (c) Co-introduction of a measure shall be evidenced by the signature of the co-introducer |
---|
2095 | 2095 | | on the face of the measure at the time of filing. Co-sponsorship shall be permitted by a memo to |
---|
2096 | 2096 | | the Secretary pursuant to Rule 802(b). |
---|
2097 | 2097 | | (d) A Councilmember may withdraw as a co-introducer or a co-sponsor by filing a notice |
---|
2098 | 2098 | | of withdrawal with the Secretary. |
---|
2099 | 2099 | | (e) Unless a law specifically provides otherwise, no matter transmitted for a period of |
---|
2100 | 2100 | | Council review before taking effect shall be deemed transmitted to the Council or the Chairman, |
---|
2101 | 2101 | | and no time period for Council review shall begin to run, until the matter has been read at a |
---|
2102 | 2102 | | legislative meeting or work session of the Committee of the Whole pursuant to Rule 403. |
---|
2103 | 2103 | | (f) Whenever a measure would require the Secretary to transmit its text or anything |
---|
2104 | 2104 | | associated with the text to a person, the Councilmember who introduced the measure, or the |
---|
2105 | 2105 | | Mayor if the measure is introduced at the request of the Mayor, shall provide the Secretary with |
---|
2106 | 2106 | | the last-known address of the recipient. |
---|
2107 | 2107 | | (g) Proposed legislation transmitted for introduction by the Mayor, the Uniform Law |
---|
2108 | 2108 | | Commission, or an independent agency shall be addressed to the Chairman and filed with the |
---|
2109 | 2109 | | Secretary. The Secretary shall circulate the measure in accordance with these Rules. |
---|
2110 | 2110 | | . |
---|
2111 | 2111 | | 403. READING INTRODUCTIONS. |
---|
2112 | 2112 | | (a) At each legislative meeting and work session of the Committee of the Whole, during |
---|
2113 | 2113 | | the period designated for introductions, the Secretary shall read the short titles of measures that |
---|
2114 | 2114 | | were introduced pursuant to Rules 401 and 402 between the previous reporting period and 10 |
---|
2115 | 2115 | | a.m. of the business day before the legislative meeting or Committee of the Whole work session, COUNCIL RULES, PERIOD XXV I |
---|
2116 | 2116 | | |
---|
2117 | 2117 | | 61 |
---|
2118 | 2118 | | |
---|
2119 | 2119 | | and provide the numbers assigned as provided in Rule 805 and the committee referrals as |
---|
2120 | 2120 | | provided in Rule 404. |
---|
2121 | 2121 | | (b) Measures may not be debated or amended when they are read for introduction. |
---|
2122 | 2122 | | (c) The formal reading of the Secretary’s report as provided in subsection (a) of this |
---|
2123 | 2123 | | section may be waived by unanimous consent. |
---|
2124 | 2124 | | (d) A Councilmember may raise questions rerding a committee referral included in the |
---|
2125 | 2125 | | Secretary’s report without a formal reading of the entire Secretary’s report. |
---|
2126 | 2126 | | 404. COMMITTEE REFERRAL. |
---|
2127 | 2127 | | (a) When a measure is introduced, the Chairman shall refer it to the appropriate |
---|
2128 | 2128 | | committee or committees, unless the Council retains the measure. Such referral is not official |
---|
2129 | 2129 | | until it is read at a meeting pursuant to Rule 403. |
---|
2130 | 2130 | | (b)(1) The Chairman may refer a measure to 2 or more committees for sequential |
---|
2131 | 2131 | | consideration of all or part of the measure and may refer all or part of the measure to one or more |
---|
2132 | 2132 | | committees for comments. |
---|
2133 | 2133 | | (2) When there is a sequential referral, the Chairman may specify a time period |
---|
2134 | 2134 | | within which one or more of the committees must report the measure. If a committee fails to file |
---|
2135 | 2135 | | a report within the specified time period, the measure shall be deemed discharged from the |
---|
2136 | 2136 | | committee, and the Secretary shall provide notice that the measure is ready for subsequent action |
---|
2137 | 2137 | | by another committee or to be agendized for Council consideration. |
---|
2138 | 2138 | | (c) The Chairman may re-refer a measure and the new referral shall become official at the |
---|
2139 | 2139 | | next legislative meeting or Committee of the Whole work session. |
---|
2140 | 2140 | | (d) A committee may not consider a measure unless the Chairman has made an official |
---|
2141 | 2141 | | referral, although a hearing or roundtable notice may be filed in the meantime. |
---|
2142 | 2142 | | 405. COMMENTS BY EXECUTIVE. |
---|
2143 | 2143 | | The Executive may comment on any measure. Unless otherwise required by law, neither |
---|
2144 | 2144 | | the Council nor a committee must wait for Executive comments before considering a measure. |
---|
2145 | 2145 | | 406. WITHDRAWAL OF LEGISLATION. |
---|
2146 | 2146 | | (a) Whenever a rule, regulation, or resolution is proposed for promultion by an entity |
---|
2147 | 2147 | | other than the Council and is required by law to be approved, disapproved, or reviewed by the |
---|
2148 | 2148 | | Council before its taking effect and would take effect automatically by operation of law, the |
---|
2149 | 2149 | | proposal may be withdrawn formally by the proposer before final Council action or, if the |
---|
2150 | 2150 | | Council takes no action, before any time limit imposed by law. The withdrawal shall render the COUNCIL RULES, PERIOD XXV I |
---|
2151 | 2151 | | |
---|
2152 | 2152 | | 62 |
---|
2153 | 2153 | | |
---|
2154 | 2154 | | original proposal a nullity as if it were never proposed. These proposed rules, regulations, and |
---|
2155 | 2155 | | resolutions may be withdrawn only by written request transmitted to the Chairman. |
---|
2156 | 2156 | | (b) Except as provided above in subsection (a) of this Rule, a proposer may withdraw any |
---|
2157 | 2157 | | measure he or she introduced before a vote has been taken by the committee to which the |
---|
2158 | 2158 | | measure has been referred. A withdrawal shall be filed with the Secretary. A withdrawal shall |
---|
2159 | 2159 | | render the original measure a nullity, as if it were never introduced. If a measure has been |
---|
2160 | 2160 | | introduced by more than one Councilmember, all co-introducers must consent to withdrawal |
---|
2161 | 2161 | | under this subsection. |
---|
2162 | 2162 | | (c) Notwithstanding subsection (a) of this section, if a Councilmember withdraws a |
---|
2163 | 2163 | | resolution approving or disapproving a contract or reprogramming after the date the contract or |
---|
2164 | 2164 | | reprogramming would otherwise have been deemed approved, the measure shall be deemed |
---|
2165 | 2165 | | approved on the date the resolution is withdrawn, unless it has been deemed approved before that |
---|
2166 | 2166 | | time by operation of law. |
---|
2167 | 2167 | | 407. COMMITTEE APPROVAL |
---|
2168 | 2168 | | (a) Each committee may take action on any measure referred to the committee, except as |
---|
2169 | 2169 | | provided in subsection (b) of this section. |
---|
2170 | 2170 | | (b) A committee may not vote on a measure sequentially referred to that committee until |
---|
2171 | 2171 | | all conditions of the referral have been met to make such measure ripe for consideration by the |
---|
2172 | 2172 | | committee. |
---|
2173 | 2173 | | (c) A hearing on a measure by any committee of the Council shall satisfy the |
---|
2174 | 2174 | | requirements of Rule 501(a)(2) for measures referred sequentially to committees. |
---|
2175 | 2175 | | (d) After approval of a committee print on a measure by the Committee of the Whole, the |
---|
2176 | 2176 | | Chairman may file the committee print with the Secretary as specified in Rule 282 without the |
---|
2177 | 2177 | | committee report. |
---|
2178 | 2178 | | B. COUNCIL APPROVAL. |
---|
2179 | 2179 | | 411. CONSENT AGENDA. |
---|
2180 | 2180 | | (a) The Chairman shall prepare a consent agenda for each legislative meeting that shall |
---|
2181 | 2181 | | include measures that the Chairman believes will be adopted by unanimous vote. Without |
---|
2182 | 2182 | | objection, a Councilmember may amend the committee print of a measure without removing the |
---|
2183 | 2183 | | bill or resolution from the consent agenda, if the amendment is filed with the Secretary at or |
---|
2184 | 2184 | | before a Committee of the Whole meeting and circulated to the Councilmembers at the |
---|
2185 | 2185 | | Committee of the Whole meeting. COUNCIL RULES, PERIOD XXV I |
---|
2186 | 2186 | | |
---|
2187 | 2187 | | 63 |
---|
2188 | 2188 | | |
---|
2189 | 2189 | | (b) A Councilmember may remove a measure from the consent agenda at the Committee |
---|
2190 | 2190 | | of the Whole meeting or at the legislative meeting before the vote on the consent agenda. |
---|
2191 | 2191 | | (c) Measures removed from the consent agenda shall be considered as provided in Rule |
---|
2192 | 2192 | | 315 or 316, except that the Chairman may first consider items removed from the consent agenda. |
---|
2193 | 2193 | | (d) Before the vote on the consent agenda at a legislative meeting, and without objection |
---|
2194 | 2194 | | from any other Councilmember, a Councilmember may request that a measure on the |
---|
2195 | 2195 | | non-consent agenda be moved to the consent agenda. |
---|
2196 | 2196 | | (e) Approval of the consent agenda during a legislative meeting will include the |
---|
2197 | 2197 | | unanimous approval of all matters included in the consent agenda. If a Councilmember asks for |
---|
2198 | 2198 | | his or her vote to be recorded on a particular measure, the measure shall be removed from the |
---|
2199 | 2199 | | consent agenda. |
---|
2200 | 2200 | | 412. EMERGENCY LEGISLATION. |
---|
2201 | 2201 | | (a)(1) When a Councilmember proposes a measure to be approved immediately due to |
---|
2202 | 2202 | | emergency circumstances, the Council may debate the question of the existence of an emergency |
---|
2203 | 2203 | | and then shall vote on whether emergency circumstances exist. |
---|
2204 | 2204 | | (2) A Councilmember may debate the merits of a measure to determine whether |
---|
2205 | 2205 | | emergency circumstances exist. |
---|
2206 | 2206 | | (3) If 2/3rds of the members find that emergency circumstances exist, the Council |
---|
2207 | 2207 | | shall consider the measure on its merits. |
---|
2208 | 2208 | | (b) For the purposes of this section, an “emergency” means a situation that adversely |
---|
2209 | 2209 | | affects the health, safety, welfare, or economic well-being of the District, its residents, its |
---|
2210 | 2210 | | businesses, or other persons or entities for which legislative relief is deemed appropriate and |
---|
2211 | 2211 | | necessary by the Council, and for which adherence to the ordinary legislative process would |
---|
2212 | 2212 | | result in delay that would adversely affect the circumstances which the legislation is intended to |
---|
2213 | 2213 | | protect. |
---|
2214 | 2214 | | (c) An emergency resolution shall take effect, according to its terms, either immediately |
---|
2215 | 2215 | | or at a specific time. Pursuant to section 412(a) of the Charter (D.C. Official Code § 1- |
---|
2216 | 2216 | | 204.12(a)), an emergency act shall be effective law for no more than 90 days. |
---|
2217 | 2217 | | (d) As required by Rule 309, no emergency measure may be approved by the Council |
---|
2218 | 2218 | | without a fiscal impact statement presented to the Council at the time of its consideration; |
---|
2219 | 2219 | | provided, that the Chairman may waive this requirement if the Chairman concurs with the |
---|
2220 | 2220 | | Budget Director that the measure does not have a netive fiscal impact. COUNCIL RULES, PERIOD XXV I |
---|
2221 | 2221 | | |
---|
2222 | 2222 | | 64 |
---|
2223 | 2223 | | |
---|
2224 | 2224 | | (e) As required by Rule 310, no emergency measure may be approved by the Council |
---|
2225 | 2225 | | without a lel sufficiency determination presented to the Council at the time of its |
---|
2226 | 2226 | | consideration; provided, that the Chairman may waive this requirement if the Chairman concurs |
---|
2227 | 2227 | | with the General Counsel that the measure is lelly sufficient. |
---|
2228 | 2228 | | (f) An emergency measure on the agenda for the legislative meeting shall be moved by |
---|
2229 | 2229 | | the Councilmember who noticed the measure or, in the absence of that Councilmember, may be |
---|
2230 | 2230 | | moved by another Councilmember designated by the Councilmember who noticed the measure. |
---|
2231 | 2231 | | If no Councilmember has been designated to move the measure in the absence of the |
---|
2232 | 2232 | | Councilmember who noticed the measure, the measure shall be considered to have been |
---|
2233 | 2233 | | withdrawn. |
---|
2234 | 2234 | | (g) The Chairman may rule out of order an emergency measure that is subject to |
---|
2235 | 2235 | | inclusion in an approved budget and financial plan. |
---|
2236 | 2236 | | 413. TEMPORARY LEGISLATION. |
---|
2237 | 2237 | | If the Council approves an emergency bill under Rule 412, the Council may, at the same |
---|
2238 | 2238 | | legislative meeting, consider a temporary bill on first reading without committee referral. At first |
---|
2239 | 2239 | | reading, the temporary bill must be substantially similar to the emergency bill and may remain |
---|
2240 | 2240 | | effective for no more than 225 days. |
---|
2241 | 2241 | | 414. TECHNICAL-AMENDMENT LEGISLATION. |
---|
2242 | 2242 | | (a) On an occasional basis, the General Counsel shall prepare a technical-amendment bill |
---|
2243 | 2243 | | for introduction by the Chairman. |
---|
2244 | 2244 | | (b) Notwithstanding Rule 501(a), no hearing is required before final adoption of a |
---|
2245 | 2245 | | technical-amendment bill prepared in accordance with this section. |
---|
2246 | 2246 | | (c) A technical-amendment bill shall contain only amendments to existing law, and no |
---|
2247 | 2247 | | amendment included in the technical-amendment bill may make substantive changes to the |
---|
2248 | 2248 | | existing law. Any amendment to the technical-amendment bill must be certified as technical by |
---|
2249 | 2249 | | the General Counsel. |
---|
2250 | 2250 | | (d) An amendment to a technical-amendment bill that has not been certified as technical |
---|
2251 | 2251 | | by the General Counsel shall be out of order for Council consideration. |
---|
2252 | 2252 | | 415. ENACTMENT LEGISLATION. |
---|
2253 | 2253 | | (a) On an occasional basis, the General Counsel shall prepare an enactment bill for |
---|
2254 | 2254 | | introduction by the Chairman. COUNCIL RULES, PERIOD XXV I |
---|
2255 | 2255 | | |
---|
2256 | 2256 | | 65 |
---|
2257 | 2257 | | |
---|
2258 | 2258 | | (b) Notwithstanding Rule 501(a), no hearing is required before final adoption of an |
---|
2259 | 2259 | | enactment bill prepared in accordance with this section. |
---|
2260 | 2260 | | (c) An enactment bill shall present, for each title of the District of Columbia Official |
---|
2261 | 2261 | | Code proposed to be enacted into positive law, a compilation, restatement, and revision of the |
---|
2262 | 2262 | | general and permanent laws of the District of Columbia that conforms to the understood policy, |
---|
2263 | 2263 | | intent, and purpose of the Council or Congress in the original enactments, with such amendments |
---|
2264 | 2264 | | and corrections as to remove ambiguity, contradictions, and other imperfections, both of |
---|
2265 | 2265 | | substance and of form. |
---|
2266 | 2266 | | (d) An amendment to an enactment bill that has not been proposed by the General |
---|
2267 | 2267 | | Counsel as an amendment consistent with subsection (c) of this section shall be out of order for |
---|
2268 | 2268 | | Council consideration. |
---|
2269 | 2269 | | 416. VETOED LEGISLATION. |
---|
2270 | 2270 | | (a) Whenever the Mayor disapproves and returns an act pursuant to section 404(e) of the |
---|
2271 | 2271 | | Charter (D.C. Official Code § 1-204.04(e)), the disapproved act shall be the property of the full |
---|
2272 | 2272 | | Council. The Chairman may solicit comments or recommendations on the disapproved act from |
---|
2273 | 2273 | | a committee or committees. A Councilmember may move for the Council to reenact the |
---|
2274 | 2274 | | disapproved act before the end of the 30-day review period provided in section 404(e) of the |
---|
2275 | 2275 | | Charter. If 2/3rds of the Councilmembers present and voting vote to reenact the act, the act shall |
---|
2276 | 2276 | | become law subject to the provisions of section 602(c) of the Home Rule Act (D.C. Official |
---|
2277 | 2277 | | Code § 1-206.02(c)). |
---|
2278 | 2278 | | (b) Whenever the Mayor disapproves and returns any item or provision of a budget act |
---|
2279 | 2279 | | pursuant to section 404(f) of the Charter (D.C. Official Code § 1-204.04(f)), the act containing |
---|
2280 | 2280 | | the disapproved item or provision shall be the property of the full Council. The Chairman may |
---|
2281 | 2281 | | solicit comments or recommendations on the disapproved item or provision from a committee or |
---|
2282 | 2282 | | committees. A Councilmember may move for the Council to reenact any disapproved item or |
---|
2283 | 2283 | | provision of the budget act before the end of the 30-day review period provided in section 404(f) |
---|
2284 | 2284 | | of the Charter. If 2/3rds of the Councilmembers present and voting vote to reenact any item or |
---|
2285 | 2285 | | provision of the budget act, the item or provision so reenacted shall be incorporated in the budget |
---|
2286 | 2286 | | and become law subject to the provisions of section 602(c) of the Home Rule Act (D.C. Official |
---|
2287 | 2287 | | Code § 1-206.02(c)). |
---|
2288 | 2288 | | 417. TRANSMISSION OF ACTS. |
---|
2289 | 2289 | | The Chairman shall transmit adopted acts to the Mayor and enacted acts to the United |
---|
2290 | 2290 | | States Senate and the United States House of Representatives as required by the Charter. COUNCIL RULES, PERIOD XXV I |
---|
2291 | 2291 | | |
---|
2292 | 2292 | | 66 |
---|
2293 | 2293 | | |
---|
2294 | 2294 | | 418. EFFECT OF END OF COUNCIL PERIOD. |
---|
2295 | 2295 | | (a)(1) A measure that has not been finally adopted by the Council before the end of the |
---|
2296 | 2296 | | Council Period in which the measure was introduced lapses without prejudice to the measure’s |
---|
2297 | 2297 | | reintroduction in a subsequent Council Period. |
---|
2298 | 2298 | | (2) If temporary legislation has been passed on first reading pursuant to Rule 413 |
---|
2299 | 2299 | | in a Council Period, it may be considered on final reading during the next Council Period. |
---|
2300 | 2300 | | (3) A matter transmitted by the Mayor or an independent agency for a designated |
---|
2301 | 2301 | | period of Council review that is pending at the end of a Council period shall be in the same status |
---|
2302 | 2302 | | that the matter was at the end of the prior Council period and the legislation assigned a new |
---|
2303 | 2303 | | number. If notice required by these Rules has been given in the prior Council period, no |
---|
2304 | 2304 | | additional notice shall be required before action on the matter. |
---|
2305 | 2305 | | (4) A sanction resolution introduced pursuant to Rule 652 that is pending at the |
---|
2306 | 2306 | | end of a Council period shall be in the same status that the resolution was in at the end of the |
---|
2307 | 2307 | | prior Council period and assigned a new number. If notice required by these Rules has been |
---|
2308 | 2308 | | given in the prior Council period, no additional notice shall be required before action on the |
---|
2309 | 2309 | | matter. |
---|
2310 | 2310 | | (b) Legislation that has been finally adopted by the Council during a Council Period shall |
---|
2311 | 2311 | | not lapse simply because any of the following occurs: |
---|
2312 | 2312 | | (1) Approval or veto by the Mayor; |
---|
2313 | 2313 | | (2) Approval by operation of law; |
---|
2314 | 2314 | | (3) Reenactment after a veto; |
---|
2315 | 2315 | | (4) Submission to referendum; or |
---|
2316 | 2316 | | (5) Transmittal to Congress. |
---|
2317 | 2317 | | C. NOTICE AND PUBLICATION OF INTENDED ACTIONS. |
---|
2318 | 2318 | | 421. GENERAL NOTICE BY PUBLICATION OF INTENDED ACTIONS AND |
---|
2319 | 2319 | | HEARINGS. |
---|
2320 | 2320 | | (a)(1) Except as provided in these Rules, 15 days’ notice by publication in the Register is |
---|
2321 | 2321 | | required before Council adoption of a measure. |
---|
2322 | 2322 | | (2) Abbreviated notice under this subsection may be given upon good cause found |
---|
2323 | 2323 | | and published in the Register with the notice. COUNCIL RULES, PERIOD XXV I |
---|
2324 | 2324 | | |
---|
2325 | 2325 | | 67 |
---|
2326 | 2326 | | |
---|
2327 | 2327 | | (b) No prior notice by publication in the Register is required for the adoption of a |
---|
2328 | 2328 | | ceremonial resolution, an emergency bill or resolution, an emergency-declaration resolution, a |
---|
2329 | 2329 | | contract approval resolution (including multiyear) submitted by the Executive, or a resolution |
---|
2330 | 2330 | | adopting Council Rules, appointing Council officers and committee chairpersons and members, |
---|
2331 | 2331 | | or otherwise pertaining to the internal operation or ornization of the Council. |
---|
2332 | 2332 | | |
---|
2333 | 2333 | | (c) Except as provided in these Rules, 15 days’ notice by publication in the Register or |
---|
2334 | 2334 | | abbreviated notice published in the Register is required before the conduct of a hearing. |
---|
2335 | 2335 | | (d) Abbreviated notice under subsection (c) of this section may be given: |
---|
2336 | 2336 | | (1) For a hearing on a permanent bill for the purpose of rescheduling the hearing |
---|
2337 | 2337 | | when the hearing was previously noticed in the Register; |
---|
2338 | 2338 | | (2) For a hearing on a resolution, when a hearing is required, upon good cause |
---|
2339 | 2339 | | found and published in the Register with the notice, and when the abbreviated notice provides at |
---|
2340 | 2340 | | least 3 business days’ notice; |
---|
2341 | 2341 | | (3) For an oversight or investitive hearing, when such notice is posted on the |
---|
2342 | 2342 | | Council website or published in the Register; |
---|
2343 | 2343 | | (4) For a hearing that was scheduled on a day when there is an unscheduled |
---|
2344 | 2344 | | closing of the government and when the abbreviated notice provides at least 3 business days’ |
---|
2345 | 2345 | | notice; or |
---|
2346 | 2346 | | (5) For a hearing on any matter on which a notice has been filed to add any item |
---|
2347 | 2347 | | that does not otherwise require a hearing and when the abbreviated notice provides at least 3 |
---|
2348 | 2348 | | business days’ notice. |
---|
2349 | 2349 | | |
---|
2350 | 2350 | | (e)(1) Notice of a roundtable on a resolution or an oversight roundtable shall be filed with |
---|
2351 | 2351 | | the Secretary and circulated to Councilmembers at least 24 hours before the roundtable. |
---|
2352 | 2352 | | (2) Notwithstanding the requirements of paragraph (1) of this subsection, when a |
---|
2353 | 2353 | | committee elects to conduct a roundtable on a confirmation resolution, 5 calendar days’ notice is |
---|
2354 | 2354 | | required before the conduct of the roundtable, such notice to be filed with the Secretary and |
---|
2355 | 2355 | | circulated to Members. The notice shall also be posted on the Council website. |
---|
2356 | 2356 | | |
---|
2357 | 2357 | | (f) A notice of a cancellation of a hearing or roundtable shall be filed and circulated at |
---|
2358 | 2358 | | least 24 hours before the scheduled hearing or roundtable, unless the reason for the cancellation |
---|
2359 | 2359 | | precludes such notice. |
---|
2360 | 2360 | | |
---|
2361 | 2361 | | 422. PERSONAL SERVICE OR ACTUAL NOTICE. |
---|
2362 | 2362 | | COUNCIL RULES, PERIOD XXV I |
---|
2363 | 2363 | | |
---|
2364 | 2364 | | 68 |
---|
2365 | 2365 | | |
---|
2366 | 2366 | | Notice by publication is not required if all persons subject to an intended action are |
---|
2367 | 2367 | | named, and in accordance with law, either are served personally or have actual notice of the |
---|
2368 | 2368 | | Council’s intended action. |
---|
2369 | 2369 | | |
---|
2370 | 2370 | | 423. METHODS OF NOTICE. |
---|
2371 | 2371 | | (a) When not otherwise required by these Rules or other provisions of law to be done in |
---|
2372 | 2372 | | specific fashion, notice may be given by: |
---|
2373 | 2373 | | (1) Publication in the Register; |
---|
2374 | 2374 | | (2) Publication in one or more newspapers of general circulation; |
---|
2375 | 2375 | | (3) Mailing notices to a mailing list of ornizations and individuals established |
---|
2376 | 2376 | | and maintained by the Secretary; |
---|
2377 | 2377 | | (4) Use of other news media; |
---|
2378 | 2378 | | (5) Posting notice in a prominent place in the John A. Wilson Building and other |
---|
2379 | 2379 | | public buildings or posting places; |
---|
2380 | 2380 | | (6) Facsimile; |
---|
2381 | 2381 | | (7) E-mail; |
---|
2382 | 2382 | | (8) Posting on the Council’s official website; or |
---|
2383 | 2383 | | (9) In any other manner directed by the Council. |
---|
2384 | 2384 | | (b) When notice to the public is required under these Rules, by law, or otherwise, the |
---|
2385 | 2385 | | notice shall be posted on the Council website. |
---|
2386 | 2386 | | 424. NOTICE OF EMERGENCY ACTIONS. |
---|
2387 | 2387 | | |
---|
2388 | 2388 | | (a)(1) When an emergency measure is to be considered, a notice that includes the |
---|
2389 | 2389 | | following shall be circulated by noon on the third business day before the legislative meeting at |
---|
2390 | 2390 | | which the emergency measure is to be considered, unless the nature of the emergency precludes |
---|
2391 | 2391 | | such notice: |
---|
2392 | 2392 | | |
---|
2393 | 2393 | | (A) A statement of the circumstances making it necessary that the measure |
---|
2394 | 2394 | | be considered on an emergency basis, which shall comply with Rule 412(b); |
---|
2395 | 2395 | | |
---|
2396 | 2396 | | (B) A statement of the intended effect of the emergency measure; and |
---|
2397 | 2397 | | COUNCIL RULES, PERIOD XXV I |
---|
2398 | 2398 | | |
---|
2399 | 2399 | | 69 |
---|
2400 | 2400 | | |
---|
2401 | 2401 | | (C) A draft of the emergency measure and emergency-declaration |
---|
2402 | 2402 | | resolution. |
---|
2403 | 2403 | | |
---|
2404 | 2404 | | (2) If the nature of the emergency precludes the notice required by paragraph (1) |
---|
2405 | 2405 | | of this subsection, the sponsor of the legislation shall circulate and file the measure with the |
---|
2406 | 2406 | | Secretary and take steps to ensure that Councilmembers have notice at the earliest possible time |
---|
2407 | 2407 | | before the meeting at which the emergency measure is to be considered. |
---|
2408 | 2408 | | |
---|
2409 | 2409 | | (b) In addition to the provisions of subsection (a) of this section, public notice of intended |
---|
2410 | 2410 | | emergency action shall be given by the Council before adoption of an emergency bill or |
---|
2411 | 2411 | | resolution by at least one method provided in Rule 423. |
---|
2412 | 2412 | | |
---|
2413 | 2413 | | 425. NOTICE OF TEMPORARY LEGISLATION. |
---|
2414 | 2414 | | (a) Each temporary bill adopted pursuant to Rule 413 shall be circulated and filed with |
---|
2415 | 2415 | | the accompanying emergency measure in accordance with Rule 424. Following approval on first |
---|
2416 | 2416 | | reading, the Secretary shall publish a notice of intent to adopt the temporary bill on second |
---|
2417 | 2417 | | reading in the Register. |
---|
2418 | 2418 | | (b) When temporary legislation is to be considered under Rule 413, the notice of |
---|
2419 | 2419 | | emergency action under Rule 424 shall include notice of the temporary legislation. |
---|
2420 | 2420 | | 426. NOTICE OF WAIVER OF RULE 231(c). |
---|
2421 | 2421 | | (a) A notice of a request to waive Rule 231(c) shall be filed and circulated no later than |
---|
2422 | 2422 | | noon on the third business day before the legislative meeting at which a measure is to be |
---|
2423 | 2423 | | considered. The notice shall include a rationale for the request. |
---|
2424 | 2424 | | (b) If the committee report for a measure is not filed before noon on the third business |
---|
2425 | 2425 | | day before the legislative meeting, a motion to waive Rule 231(c) may not be placed on the |
---|
2426 | 2426 | | legislative agenda. |
---|
2427 | 2427 | | (c) Before approval of a motion to waive Rule 231(c), a certification shall be made of a |
---|
2428 | 2428 | | measure’s lel sufficiency and technical compliance with the drafting rules of the Council; the |
---|
2429 | 2429 | | fiscal impact; the completion of the record; and a determination made of the fiscal impact. |
---|
2430 | 2430 | | (d) Approval of a motion to waive Rule 231(c) shall require a vote of 2/3rds of the |
---|
2431 | 2431 | | Members present and voting. |
---|
2432 | 2432 | | (e) A motion to waive Rule 231(c) is not in order if the legislation includes amendments |
---|
2433 | 2433 | | made by one or more committees that are beyond the jurisdiction of the committee or |
---|
2434 | 2434 | | committees. COUNCIL RULES, PERIOD XXV I |
---|
2435 | 2435 | | |
---|
2436 | 2436 | | 70 |
---|
2437 | 2437 | | |
---|
2438 | 2438 | | (f) At the discretion of the Chairman, a notice of a request to waive Rule 231(c) may be |
---|
2439 | 2439 | | considered as notice of a request to consider the measure at a meeting of the Committee of the |
---|
2440 | 2440 | | Whole, pursuant to Committee of the Whole Rule 403(b), preceding the legislative meeting for |
---|
2441 | 2441 | | which the request to waive was filed. |
---|
2442 | 2442 | | 427. CEREMONIAL RESOLUTIONS. |
---|
2443 | 2443 | | Each ceremonial resolution shall be circulated and filed by noon on the business day |
---|
2444 | 2444 | | before the legislative meeting at which it is to be considered. |
---|
2445 | 2445 | | 428. NOTICE AND PUBLICATION OF ADOPTED LEGISLATION. |
---|
2446 | 2446 | | Each measure adopted by the Council shall be published in the Register. |
---|
2447 | 2447 | | 429. NOTICE OF NEW BUSINESS. |
---|
2448 | 2448 | | Except as provided in these Rules, a Councilmember shall file a notice of intent by noon |
---|
2449 | 2449 | | on the third business day before a legislative meeting, to make any of the following motions: |
---|
2450 | 2450 | | (1) A motion to reconsider a measure that was considered at a prior legislative |
---|
2451 | 2451 | | meeting; |
---|
2452 | 2452 | | (2) A motion to take from the table a measure that was laid on the table at a prior |
---|
2453 | 2453 | | legislative meeting; |
---|
2454 | 2454 | | (3) A motion to discharge; |
---|
2455 | 2455 | | (4) A point of personal privilege; |
---|
2456 | 2456 | | (5) A motion to override a Mayoral veto; or |
---|
2457 | 2457 | | (6) Any other motion that brings new business before the Council. |
---|
2458 | 2458 | | 430. NOTICE OF COMMITTEE MEETINGS. |
---|
2459 | 2459 | | (a)(1) A committee shall file and circulate notice, which shall be made publicly available |
---|
2460 | 2460 | | at least 24 hours before a meeting, of the date, hour, and place of a committee meeting. Such |
---|
2461 | 2461 | | notice shall include a copy of the agenda and a draft, including a comparative print when |
---|
2462 | 2462 | | required by Rule 803(e)(7), of any measures to be considered at the meeting. |
---|
2463 | 2463 | | (2) In addition to the requirements in paragraph (1) of this subsection, during the |
---|
2464 | 2464 | | last 2 months of a council period, when an agenda for a committee meeting contains more than 3 |
---|
2465 | 2465 | | bills, a committee shall file and circulate notice at least 48 hours before a meeting of the date, |
---|
2466 | 2466 | | hour, and place of a committee meeting. Such notice shall include a copy of the agenda and a |
---|
2467 | 2467 | | draft of the bills to be considered at the meeting. COUNCIL RULES, PERIOD XXV I |
---|
2468 | 2468 | | |
---|
2469 | 2469 | | 71 |
---|
2470 | 2470 | | |
---|
2471 | 2471 | | (b) If at least 4 members of the committee agree in writing to a shorter notice, the |
---|
2472 | 2472 | | committee may consider matters not included on the agenda. |
---|
2473 | 2473 | | (c) A committee shall file and circulate notice, at least 24 hours before a meeting, of the |
---|
2474 | 2474 | | cancellation of a committee meeting. |
---|
2475 | 2475 | | ARTICLE V—HEARING PROCEDURES. |
---|
2476 | 2476 | | A. PROCEDURES FOR HEARINGS. |
---|
2477 | 2477 | | 501. AUTHORITY TO CALL HEARINGS. |
---|
2478 | 2478 | | (a)(1) The Council shall hold a hearing when required by law and may hold a hearing on |
---|
2479 | 2479 | | any matter relating to the affairs of the District. A Council hearing may be called by the |
---|
2480 | 2480 | | Chairman. |
---|
2481 | 2481 | | (2) A hearing shall be held on all permanent bills before final adoption by the |
---|
2482 | 2482 | | Council. A hearing shall not be required when a hearing on the same or a similar bill was held in |
---|
2483 | 2483 | | the same or immediately preceding Council Period. |
---|
2484 | 2484 | | (b) A committee of the Council shall hold a hearing when required by law and may hold |
---|
2485 | 2485 | | a hearing on any matter relating to the affairs of the District that is properly within the |
---|
2486 | 2486 | | committee’s jurisdiction as provided in these Rules. |
---|
2487 | 2487 | | (c) Unless a hearing is required by law or regulation, a committee may hold a roundtable |
---|
2488 | 2488 | | on any matter relating to the affairs of the District that is properly within the committee’s |
---|
2489 | 2489 | | jurisdiction as provided in these Rules. A roundtable shall comply with the hearing requirements |
---|
2490 | 2490 | | set forth in this Article. |
---|
2491 | 2491 | | (d) A notice of a hearing or roundtable shall be filed with the Secretary. |
---|
2492 | 2492 | | 502. QUORUM. |
---|
2493 | 2493 | | One Councilmember, for the Council, or one member of a committee, for the committee, |
---|
2494 | 2494 | | shall constitute a quorum for the purpose of holding a hearing or a roundtable. |
---|
2495 | 2495 | | 503. PARTICIPATION BY MEMBERS. |
---|
2496 | 2496 | | (a) Each Councilmember may participate in hearings of the Council or of a committee, |
---|
2497 | 2497 | | without rerd to whether the Councilmember is a member of the committee conducting the |
---|
2498 | 2498 | | hearing. |
---|
2499 | 2499 | | (b) Each Councilmember may question witnesses for no more than 10 minutes until after |
---|
2500 | 2500 | | each Councilmember has had an opportunity to question the witnesses. COUNCIL RULES, PERIOD XXV I |
---|
2501 | 2501 | | |
---|
2502 | 2502 | | 72 |
---|
2503 | 2503 | | |
---|
2504 | 2504 | | 504. WITNESSES AT A PUBLIC HEARING. |
---|
2505 | 2505 | | (a) If a committee, in the publication of notice of a hearing or roundtable, sets a deadline |
---|
2506 | 2506 | | before which a person must contact the committee to be permitted to be a witness at the public |
---|
2507 | 2507 | | hearing, then at the time that the public hearing is held, each person who complied with the |
---|
2508 | 2508 | | committee’s requirements shall be given an opportunity to testify. |
---|
2509 | 2509 | | (b) A person who fails to comply with the requirements of this section may not testify |
---|
2510 | 2510 | | unless the presiding member allows the person to testify. |
---|
2511 | 2511 | | (c) The Secretary shall maintain a Hearing Management System (“HMS”) to facilitate |
---|
2512 | 2512 | | witness registration, allow for the submittal of public testimony, and make available to the public |
---|
2513 | 2513 | | such testimony for all committee hearings and roundtables. A committee shall add a hearing or |
---|
2514 | 2514 | | roundtable to HMS within 48 hours of the approval of a filed notice pursuant to Rule 421, and |
---|
2515 | 2515 | | the Secretary shall endeavor to approve a hearing or roundtable within 24 hours of a committee |
---|
2516 | 2516 | | adding the hearing or roundtable to HMS. Each committee shall manage its hearings and |
---|
2517 | 2517 | | roundtables utilizing HMS. |
---|
2518 | 2518 | | B. RECEIVING TESTIMONY. |
---|
2519 | 2519 | | 511. QUESTIONING WITNESSES. |
---|
2520 | 2520 | | (a) The Mayor and all agency witnesses shall be affirmed or sworn to give truthful |
---|
2521 | 2521 | | testimony. |
---|
2522 | 2522 | | (b) Witnesses may be questioned by Councilmembers and, with the consent of the |
---|
2523 | 2523 | | presiding member, by authorized staff or counsel. |
---|
2524 | 2524 | | 512. DECORUM OF WITNESSES. |
---|
2525 | 2525 | | (a) A witness may address a Councilmember only through the presiding member. |
---|
2526 | 2526 | | (b) A witness shall confine their remarks to the question under discussion and shall avoid |
---|
2527 | 2527 | | making netive personal comments. |
---|
2528 | 2528 | | (c) The presiding member shall maintain order in the hearing or roundtable and, after |
---|
2529 | 2529 | | issuing a warning, may order the removal of a disorderly person as provided in Rule 322. |
---|
2530 | 2530 | | C. RIGHTS OF WITNESSES. |
---|
2531 | 2531 | | 521. RIGHT TO COUNSEL. |
---|
2532 | 2532 | | Any witness who appears before the Council or a committee has the right to be |
---|
2533 | 2533 | | represented by counsel. COUNCIL RULES, PERIOD XXV I |
---|
2534 | 2534 | | |
---|
2535 | 2535 | | 73 |
---|
2536 | 2536 | | |
---|
2537 | 2537 | | 522. RIGHT TO MAKE OPENING STATEMENT. |
---|
2538 | 2538 | | (a) Each witness testifying on behalf of the Executive Branch, including an agency, |
---|
2539 | 2539 | | entity, board, commission, or independent agency of the Executive Branch must submit written |
---|
2540 | 2540 | | testimony to the chair of the committee before which the witness is to testify at least 48 hours |
---|
2541 | 2541 | | before the commencement of a hearing or roundtable. This requirement may be waived by the |
---|
2542 | 2542 | | presiding chairperson if the presiding chairperson determines there is good cause. |
---|
2543 | 2543 | | (b) Any witness testifying at a hearing or roundtable may submit an opening statement, |
---|
2544 | 2544 | | which shall be placed in the record of the hearing or roundtable if timely submitted. The |
---|
2545 | 2545 | | presiding member may permit the witness to read the witness’s statement at the hearing or |
---|
2546 | 2546 | | roundtable. |
---|
2547 | 2547 | | D. RECORD OF HEARINGS. |
---|
2548 | 2548 | | 531. HEARING RECORDS, REQUIRED. |
---|
2549 | 2549 | | (a) Within 20 business days after the close of the record for a hearing or roundtable, a |
---|
2550 | 2550 | | committee shall file with the Secretary a hearing record, which shall be a complete record of the |
---|
2551 | 2551 | | hearing or roundtable. The hearing record shall contain the following: |
---|
2552 | 2552 | | (1) A copy of the published notice; |
---|
2553 | 2553 | | (2) A copy of the witness list; |
---|
2554 | 2554 | | (3) Copies of written testimony; |
---|
2555 | 2555 | | (4) Statements or other materials submitted for the record; |
---|
2556 | 2556 | | (5) Important correspondence with the Mayor, if applicable; and |
---|
2557 | 2557 | | (6) Other information that the committee chairperson considers necessary. |
---|
2558 | 2558 | | (b) If new materials are provided to the committee after the close of the record, the |
---|
2559 | 2559 | | committee chairperson may supplement the hearing record. |
---|
2560 | 2560 | | 532. CLOSE OF RECORD. |
---|
2561 | 2561 | | Unless otherwise provided in the hearing notice or stated at the hearing, the record for a |
---|
2562 | 2562 | | hearing or roundtable shall close 10 business days after the hearing or roundtable. A committee |
---|
2563 | 2563 | | may not mark-up a measure within its jurisdiction until after the official close of the record on |
---|
2564 | 2564 | | such measure. |
---|
2565 | 2565 | | COUNCIL RULES, PERIOD XXV I |
---|
2566 | 2566 | | |
---|
2567 | 2567 | | 74 |
---|
2568 | 2568 | | |
---|
2569 | 2569 | | ARTICLE VI—INVESTIGATIONS AND SUBPOENAS. |
---|
2570 | 2570 | | A. PROCEDURES FOR INVESTIGATIONS USING SUBPOENAS. |
---|
2571 | 2571 | | 601. RESOLUTION AUTHORIZING THE USE OF SUBPOENAS IN AN |
---|
2572 | 2572 | | INVESTIGATION. |
---|
2573 | 2573 | | (a) In order to use subpoenas to obtain testimony or documents, the Council shall adopt a |
---|
2574 | 2574 | | resolution authorizing an investition by the Council. |
---|
2575 | 2575 | | (b) In order to use subpoenas to obtain testimony or documents, a standing committee, an |
---|
2576 | 2576 | | ad hoc committee, or, if authorized by the resolution establishing it, a special committee, shall |
---|
2577 | 2577 | | adopt a resolution of the committee authorizing an investition. This resolution shall be filed in |
---|
2578 | 2578 | | the Office of the Secretary. |
---|
2579 | 2579 | | (c) To afford witnesses adequate notice of the scope of the inquiry, a resolution |
---|
2580 | 2580 | | authorizing an investition under this section shall delineate the purpose of the investition |
---|
2581 | 2581 | | and the subject matter to be investited. |
---|
2582 | 2582 | | 602. NOTICE OF INVESTIGATION. |
---|
2583 | 2583 | | The Secretary shall publish a notice of each investition authorized under Rule 601 in |
---|
2584 | 2584 | | the Register, which notice shall include a copy or description of the resolution authorizing the |
---|
2585 | 2585 | | investition and the date the resolution was filed in the Office of the Secretary. |
---|
2586 | 2586 | | 603. REPORT OF INVESTIGATION. |
---|
2587 | 2587 | | (a) Within 90 days after the conclusion of an investition under this article, a committee |
---|
2588 | 2588 | | shall submit to the Council the results of the investition, unless the Council, by majority vote |
---|
2589 | 2589 | | of the Members present and voting, extends the time limit. |
---|
2590 | 2590 | | (b) The committee, by a majority vote of the Members present and voting, may vote not |
---|
2591 | 2591 | | to release all or part of its report. The Council, by a majority vote of Members present and |
---|
2592 | 2592 | | voting, may direct a committee to release its report under terms that the Council sets. |
---|
2593 | 2593 | | 604. TESTIMONY UNDER OATH. |
---|
2594 | 2594 | | A witness may be affirmed or sworn to give truthful testimony. |
---|
2595 | 2595 | | 605. ISSUING THE OATH. |
---|
2596 | 2596 | | Any person authorized by law may issue an oath or affirmation to a witness. COUNCIL RULES, PERIOD XXV I |
---|
2597 | 2597 | | |
---|
2598 | 2598 | | 75 |
---|
2599 | 2599 | | |
---|
2600 | 2600 | | 606. DEPOSITIONS. |
---|
2601 | 2601 | | The Council or committee may authorize a Councilmember, staff, or counsel to take the |
---|
2602 | 2602 | | testimony of witnesses by oral or written depositions. |
---|
2603 | 2603 | | B. SUBPOENAS. |
---|
2604 | 2604 | | 611. ISSUANCE OF SUBPOENAS. |
---|
2605 | 2605 | | The Council, any standing committee of the Council, an ad hoc committee, and, if |
---|
2606 | 2606 | | authorized by the resolution establishing it, any special committee, may subpoena the attendance |
---|
2607 | 2607 | | and testimony of witnesses and the production of documents and other tangible items at |
---|
2608 | 2608 | | meetings, hearings, and depositions in connection with an investition. Subpoenas shall be |
---|
2609 | 2609 | | issued in the form set forth in Appendix A, and, except as provided in Rule 613(b), shall be |
---|
2610 | 2610 | | served not less than 5 business days before the return date. |
---|
2611 | 2611 | | 612. REPORT TO SECRETARY REGARDING USE OF SUBPOENA. |
---|
2612 | 2612 | | Before issuing a subpoena, the Council, a standing committee, an ad hoc committee, or |
---|
2613 | 2613 | | authorized special committee shall submit a report to the Secretary outlining the nature and scope |
---|
2614 | 2614 | | of the investition and the type of information sought through the use of the subpoena. |
---|
2615 | 2615 | | 613. SERVICE OF SUBPOENAS. |
---|
2616 | 2616 | | (a) Except as provided in subsection (b) of this section, a subpoena shall be served |
---|
2617 | 2617 | | personally on the witness or the witness’s designated agent in one of the following ways, which |
---|
2618 | 2618 | | may be attempted concurrently or successively: |
---|
2619 | 2619 | | (1) By a person at least 18 years of age, designated by the committee or the |
---|
2620 | 2620 | | Council from among the staff appointed by the Secretary who is not directly involved in the |
---|
2621 | 2621 | | investition; or |
---|
2622 | 2622 | | (2) By a person, at least 18 years of age, enged by the committee or the Council |
---|
2623 | 2623 | | for this purpose. |
---|
2624 | 2624 | | (b) If, after a reasonable attempt, personal service on a witness or witness’s designated |
---|
2625 | 2625 | | agent cannot be obtained, service may be effectuated by registered or certified mail not less than |
---|
2626 | 2626 | | 8 business days before the return date. |
---|
2627 | 2627 | | 614. ENFORCEMENT OF SUBPOENAS. |
---|
2628 | 2628 | | A committee may refer to the Council any case of contumacy by a person subpoenaed to |
---|
2629 | 2629 | | appear before the committee. The Council may refer by resolution any case of contumacy by any |
---|
2630 | 2630 | | person subpoenaed by the Council or a committee to the Superior Court of the District of |
---|
2631 | 2631 | | Columbia as provided in section 413 of the Charter (D.C. Official Code § 1-204.13). COUNCIL RULES, PERIOD XXV I |
---|
2632 | 2632 | | |
---|
2633 | 2633 | | 76 |
---|
2634 | 2634 | | |
---|
2635 | 2635 | | C. RIGHTS OF WITNESSES. |
---|
2636 | 2636 | | 621. RIGHT TO ASSERT PRIVILEGES. |
---|
2637 | 2637 | | (a) A witness has the right to refuse to answer a question that might tend to incriminate |
---|
2638 | 2638 | | the witness by claiming the witness’s Fifth Amendment privilege ainst self-incrimination, |
---|
2639 | 2639 | | other Constitutional privileges, or statutory or common law privileges recognized in the Superior |
---|
2640 | 2640 | | Court of the District of Columbia. |
---|
2641 | 2641 | | (b) If a witness asserts a privilege, the presiding member shall inquire into the witness’s |
---|
2642 | 2642 | | reasons for claiming the privilege. If the presiding member determines that the claim of privilege |
---|
2643 | 2643 | | is not warranted, the presiding member shall direct the witness to answer the question. A |
---|
2644 | 2644 | | witness’s continued claim of privilege in the face of an order by the presiding member to answer |
---|
2645 | 2645 | | a specific question constitutes contumacy by the witness. |
---|
2646 | 2646 | | 622. NOTIFICATION OF RIGHTS. |
---|
2647 | 2647 | | When a witness under subpoena is not represented by counsel, the presiding member |
---|
2648 | 2648 | | shall advise the witness of the witness’s privilege ainst self-incrimination. |
---|
2649 | 2649 | | 623. RIGHT TO TRANSCRIPT. |
---|
2650 | 2650 | | A witness under subpoena is entitled to receive, at the cost of producing it, a written |
---|
2651 | 2651 | | transcript or a transcription of the witness’s testimony in connection with an investition. |
---|
2652 | 2652 | | 624. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS. |
---|
2653 | 2653 | | Any person who is the subject of an investition authorized under Rule 601 may submit |
---|
2654 | 2654 | | written questions for the cross-examination of other witnesses at a public investitive hearing |
---|
2655 | 2655 | | called by the Council or a committee. With the consent of the Councilmembers present and |
---|
2656 | 2656 | | voting, the questions may be put to the witness by a Councilmember, by staff, or by counsel. |
---|
2657 | 2657 | | 625. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS. |
---|
2658 | 2658 | | Any person, who is named or specifically identified in connection with an investition |
---|
2659 | 2659 | | and who believes that the testimony or other evidence or comment by a member of the Council |
---|
2660 | 2660 | | or a committee or its staff does not comport with the truth, may file a sworn statement of facts |
---|
2661 | 2661 | | relevant to the testimony or other evidence or comment complained of. COUNCIL RULES, PERIOD XXV I |
---|
2662 | 2662 | | |
---|
2663 | 2663 | | 77 |
---|
2664 | 2664 | | |
---|
2665 | 2665 | | D. REPRIMAND, CENSURE, AND EXPULSION PROCEDURES. |
---|
2666 | 2666 | | 651. ESTABLISHING AN AD HOC COMMITTEE. |
---|
2667 | 2667 | | (a) An ad hoc committee may be established pursuant to subsection (b) or (c) of this |
---|
2668 | 2668 | | section for the purposes of considering alletions of a violation of a law or rule by a |
---|
2669 | 2669 | | Councilmember and making recommendations for further action. |
---|
2670 | 2670 | | (b) An ad hoc committee shall be established, pursuant to subsection (d) of this section, |
---|
2671 | 2671 | | within 3 business days after: |
---|
2672 | 2672 | | (1) BEGA censures a Councilmember; |
---|
2673 | 2673 | | (2) Outside counsel delivers to the Council an investitive report that contains a |
---|
2674 | 2674 | | finding that a Councilmember has violated the Council’s sexual harassment policy; or |
---|
2675 | 2675 | | (3) 5 Councilmembers file with the Secretary a written request for the |
---|
2676 | 2676 | | establishment of an ad hoc committee, which shall include a description of the alleged violation |
---|
2677 | 2677 | | of law or rule that forms the basis of the request. |
---|
2678 | 2678 | | (c) The Chairman may establish an ad hoc committee pursuant to this section at the |
---|
2679 | 2679 | | Chairman’s discretion, rerdless of whether one of the events described in subsection (b) of this |
---|
2680 | 2680 | | section has occurred. If the Chairman establishes an ad hoc committee under this subsection, the |
---|
2681 | 2681 | | memorandum filed pursuant to subsection (d) of this section shall include a description of the |
---|
2682 | 2682 | | alleged violation of law or rule committed by the Councilmember whose conduct will be under |
---|
2683 | 2683 | | consideration by the ad hoc committee. |
---|
2684 | 2684 | | (d) To establish an ad hoc committee, the Chairman shall file a memorandum with the |
---|
2685 | 2685 | | Secretary appointing 3 or more Councilmembers to serve on the ad hoc committee, and |
---|
2686 | 2686 | | designating one of the appointed members to serve as the chairperson. The ad hoc committee |
---|
2687 | 2687 | | shall not include any Councilmember whose conduct is under consideration by the ad hoc |
---|
2688 | 2688 | | committee. |
---|
2689 | 2689 | | (e) The Secretary shall deliver a copy of the memorandum filed pursuant to subsection |
---|
2690 | 2690 | | (d) of this section to each Councilmember, including the Councilmember whose conduct is under |
---|
2691 | 2691 | | consideration by the ad hoc committee, within 48 business hours of the Secretary’s receipt of that |
---|
2692 | 2692 | | memorandum. |
---|
2693 | 2693 | | (f) No sanction pursuant to Rule 655 shall be imposed unless: |
---|
2694 | 2694 | | (1) First recommended by an ad hoc committee; and |
---|
2695 | 2695 | | (2) A proceeding is held pursuant to Rule 653. COUNCIL RULES, PERIOD XXV I |
---|
2696 | 2696 | | |
---|
2697 | 2697 | | 78 |
---|
2698 | 2698 | | |
---|
2699 | 2699 | | (g) The ad hoc committee’s proceedings may be conducted in executive session in |
---|
2700 | 2700 | | accordance with Rule 375, except that its recommendation for further action shall be made |
---|
2701 | 2701 | | public. In connection with any action taken under this part, the Council shall take all reasonable |
---|
2702 | 2702 | | steps to protect the identity of any complainant who alleges sexual harassment, as defined in the |
---|
2703 | 2703 | | Sexual Harassment Policy. Such actions may include voting to close meetings under Part H of |
---|
2704 | 2704 | | Article III and withholding or redacting identifying information in written documents. |
---|
2705 | 2705 | | (h) For the purposes of this part, the term “Chairman” means, if the Chairman is the |
---|
2706 | 2706 | | Councilmember whose conduct is under consideration by the ad hoc committee, the Chairman |
---|
2707 | 2707 | | Pro Tempore. |
---|
2708 | 2708 | | 652. AD HOC COMMITTEE PROCEDURES. |
---|
2709 | 2709 | | (a) An ad hoc committee established pursuant to Rule 651 shall: |
---|
2710 | 2710 | | (1) In the case of an ad hoc committee established pursuant to Rule 651(b)(1) or |
---|
2711 | 2711 | | (2), consider BEGA’s findings or outside counsel’s investitive report; |
---|
2712 | 2712 | | (2) In the case of an ad hoc committee established pursuant to Rule 651(b)(3), |
---|
2713 | 2713 | | consider the description of the alleged violation of law or rule in the written request filed |
---|
2714 | 2714 | | pursuant to Rule 651(b)(3); |
---|
2715 | 2715 | | (3) In the case of an ad hoc committee established pursuant to Rule 651(c), |
---|
2716 | 2716 | | consider the description of the alleged violation of law or rule in the memorandum filed pursuant |
---|
2717 | 2717 | | to Rule 651(d); |
---|
2718 | 2718 | | (4) Permit testimony from the Councilmember whose conduct is under |
---|
2719 | 2719 | | consideration by the ad hoc committee; |
---|
2720 | 2720 | | (5) Except as provided in subsection (b) of this section, collect more evidence, as |
---|
2721 | 2721 | | needed, including by authorizing an investition pursuant to Rule 601(b); except, that the |
---|
2722 | 2722 | | Chairman, pursuant to an authorizing resolution, may appoint any person to perform the actions |
---|
2723 | 2723 | | described in this paragraph in lieu of the ad hoc committee; |
---|
2724 | 2724 | | (6) Consider the findings of any other investition of the conduct that is under |
---|
2725 | 2725 | | consideration by the ad hoc committee; and |
---|
2726 | 2726 | | (7) File a report, as described in subsection (c) of this section, with the Secretary |
---|
2727 | 2727 | | within: |
---|
2728 | 2728 | | (A) In the case of an ad hoc committee established pursuant to Rule |
---|
2729 | 2729 | | 651(b)(1) or (2), 45 days after the ad hoc committee is established; or COUNCIL RULES, PERIOD XXV I |
---|
2730 | 2730 | | |
---|
2731 | 2731 | | 79 |
---|
2732 | 2732 | | |
---|
2733 | 2733 | | (B) In the case of an ad hoc committee established pursuant to Rule |
---|
2734 | 2734 | | 651(b)(3) or (c), 90 days after the ad hoc committee is established; provided, that the ad hoc |
---|
2735 | 2735 | | committee may extend the time required to file a report by up to an additional 30 days if |
---|
2736 | 2736 | | requested by the ad hoc committee and approved by the Council. |
---|
2737 | 2737 | | (b) An ad hoc committee created pursuant to Rule 651(b)(2) may not enge in additional |
---|
2738 | 2738 | | fact finding and shall rely on the findings of outside counsel for the purposes of the report |
---|
2739 | 2739 | | required by subsection (a)(7) of this section. |
---|
2740 | 2740 | | (c)(1) The report required by subsection (a)(7) of this section shall: |
---|
2741 | 2741 | | (A) Summarize the actions taken by the ad hoc committee; |
---|
2742 | 2742 | | (B) Describe the findings of the ad hoc committee, including identifying |
---|
2743 | 2743 | | the law or rule that has been violated and summarizing the evidence in support of those findings; |
---|
2744 | 2744 | | and |
---|
2745 | 2745 | | (C) Recommend sanctions, if any, including reprimand, censure, or |
---|
2746 | 2746 | | expulsion. |
---|
2747 | 2747 | | (2)(A) If the report required by subsection (a)(7) of this section recommends a |
---|
2748 | 2748 | | sanction that would require a resolution of the Council to implement, the chairperson of the ad |
---|
2749 | 2749 | | hoc committee or the Chairman shall introduce such resolution at the same time the report is |
---|
2750 | 2750 | | filed; except, that, if the report recommends multiple actions, including censure or expulsion, the |
---|
2751 | 2751 | | resolution of censure or expulsion shall be introduced as a separate measure. |
---|
2752 | 2752 | | (B)(i) A resolution of censure or expulsion introduced pursuant to this |
---|
2753 | 2753 | | paragraph shall identify specific charges ainst the accused. |
---|
2754 | 2754 | | (ii) Each charge shall set forth an offense of which the accused is |
---|
2755 | 2755 | | alleged to have committed, including a citation to the law or rule alleged to have been violated. |
---|
2756 | 2756 | | (iii) Each charge shall be accompanied by at least one |
---|
2757 | 2757 | | specification, which shall state what actions the accused is alleged to have taken, which, if true, |
---|
2758 | 2758 | | would constitute an instance of the offense indicated in the charge, and a description of the |
---|
2759 | 2759 | | evidence supporting the specification. |
---|
2760 | 2760 | | (iv) The resolution(s) introduced pursuant to this paragraph shall |
---|
2761 | 2761 | | be retained by the Council. |
---|
2762 | 2762 | | (d) Failure of an ad hoc committee to file its report by the deadline provided in subsection |
---|
2763 | 2763 | | (a)(7) of this section shall be construed as having failed to reach a decision. COUNCIL RULES, PERIOD XXV I |
---|
2764 | 2764 | | |
---|
2765 | 2765 | | 80 |
---|
2766 | 2766 | | |
---|
2767 | 2767 | | 653. COUNCIL CONSIDERATION OF REPORT . |
---|
2768 | 2768 | | (a)(1) If an ad hoc committee recommends censure or expulsion, the Chairman, or |
---|
2769 | 2769 | | another Councilmember designated by the Chairman, shall hold a proceeding within 45 days |
---|
2770 | 2770 | | after the ad hoc committee files its report pursuant to Rule 652. |
---|
2771 | 2771 | | (2) At least 30 days before the proceeding, the Secretary shall provide written |
---|
2772 | 2772 | | notice of the proceeding to the accused or the accused’s Council office, which shall include a |
---|
2773 | 2773 | | copy of the report and resolution filed pursuant to Rule 652. |
---|
2774 | 2774 | | (3)(A) The Chairman, or another Councilmember designated by the Chairman, |
---|
2775 | 2775 | | shall preside over the proceeding. At the beginning of the proceeding, the Chairman shall: |
---|
2776 | 2776 | | (i) Read the charges and specifications listed in the resolution filed |
---|
2777 | 2777 | | pursuant to Rule 652(c)(2); and |
---|
2778 | 2778 | | (ii) Ask the accused how the accused answers—admit or deny— |
---|
2779 | 2779 | | first to each specification, and then to each charge. |
---|
2780 | 2780 | | (B) If the accused admits all charges, no further action at the proceeding |
---|
2781 | 2781 | | shall be required and the Council shall consider the resolution of censure or expulsion at the next |
---|
2782 | 2782 | | legislative meeting. |
---|
2783 | 2783 | | (C) At the proceeding, the chairperson of the ad hoc committee, or the |
---|
2784 | 2784 | | chairperson’s designee, shall be given the opportunity to make an opening and a closing |
---|
2785 | 2785 | | statement, to call witnesses, and to question any witnesses called by the accused; except, that |
---|
2786 | 2786 | | nothing in this paragraph shall be construed to require the chair to present evidence ainst the |
---|
2787 | 2787 | | accused at the proceeding. |
---|
2788 | 2788 | | (D) At the proceeding, the accused shall be given the opportunity to make |
---|
2789 | 2789 | | an opening and a closing statement, to call witnesses on the accused’s behalf, and to question any |
---|
2790 | 2790 | | witnesses called by the chairperson of the ad hoc committee; except, that the accused shall have |
---|
2791 | 2791 | | no right to have the Council compel the production of evidence or the testimony of witnesses. |
---|
2792 | 2792 | | (E) The accused may be represented by a person of the accused’s choice, |
---|
2793 | 2793 | | whether or not the person is an attorney at law, and may have that representative speak or |
---|
2794 | 2794 | | question witnesses on the accused’s behalf. |
---|
2795 | 2795 | | (F) The questioning or cross-examining of witnesses, if any witnesses |
---|
2796 | 2796 | | testify, may be reasonably limited by the presiding member. |
---|
2797 | 2797 | | (G) If testimony is taken from witnesses, such testimony shall only be |
---|
2798 | 2798 | | taken from witnesses having direct knowledge of facts or circumstances relevant to the specific |
---|
2799 | 2799 | | charges under consideration. COUNCIL RULES, PERIOD XXV I |
---|
2800 | 2800 | | |
---|
2801 | 2801 | | 81 |
---|
2802 | 2802 | | |
---|
2803 | 2803 | | (H) The rules of evidence and judicial procedure applicable in courts of |
---|
2804 | 2804 | | law shall not be applicable to this proceeding, and the procedures shall be generally informal. |
---|
2805 | 2805 | | (4) The accused shall have no rights beyond those stated herein and the accused |
---|
2806 | 2806 | | shall not be entitled to any process beyond notice and an opportunity to be heard. |
---|
2807 | 2807 | | (5)(A) Following the proceeding, the chairperson of the ad hoc committee shall |
---|
2808 | 2808 | | request that the resolution of censure or expulsion be agendized for the next legislative meeting. |
---|
2809 | 2809 | | (B) During the consideration of a resolution of censure or expulsion, a |
---|
2810 | 2810 | | Councilmember may offer an amendment to the resolution; except, that a resolution of censure |
---|
2811 | 2811 | | may not be amended to impose expulsion. |
---|
2812 | 2812 | | (6) The accused shall be recused from voting on a resolution of expulsion. |
---|
2813 | 2813 | | (7) The accused may participate but shall not vote on a resolution of censure. |
---|
2814 | 2814 | | (b) Any other resolution pertaining to sanctions, introduced pursuant to Rule 652(c)(2), |
---|
2815 | 2815 | | shall be placed on the agenda of a forthcoming legislative meeting by the Chairman. |
---|
2816 | 2816 | | 654. REPRIMAND. |
---|
2817 | 2817 | | (a) A reprimand is a formal statement of the Council officially disapproving the conduct |
---|
2818 | 2818 | | of one of its members. A reprimand shall be directed to a particular member of the Council based |
---|
2819 | 2819 | | on a particular action or set of actions that is determined to be in violation of the Council’s |
---|
2820 | 2820 | | Rules, law, or policy, or otherwise inappropriate, but is considered to be not sufficiently serious |
---|
2821 | 2821 | | to require censure or expulsion. |
---|
2822 | 2822 | | (b) The Council may adopt a resolution of reprimand in the same manner as provided for |
---|
2823 | 2823 | | the adoption of any resolution; provided, that the Councilmember who is the subject of the |
---|
2824 | 2824 | | resolution is permitted to speak in his or her defense prior to action on the motion for adoption of |
---|
2825 | 2825 | | the resolution. The fact that the Councilmember who is the subject of a reprimand does not |
---|
2826 | 2826 | | choose to respond to the resolution or does not attend the meeting at which the resolution is to be |
---|
2827 | 2827 | | adopted shall not prevent the Council from adopting the resolution; provided, that the |
---|
2828 | 2828 | | Councilmember had actual notice of the inclusion of the resolution on the agenda and had a |
---|
2829 | 2829 | | reasonable opportunity to attend the meeting. |
---|
2830 | 2830 | | 655. CENSURE AND EXPULSION. |
---|
2831 | 2831 | | (a)(1) Censure is a formal statement of the Council officially disciplining one of its |
---|
2832 | 2832 | | members. It is a punitive action, which serves as a penalty imposed for wrongdoing, but it carries |
---|
2833 | 2833 | | no fine or suspension of the rights of the Member as an elected official. Censure should be used |
---|
2834 | 2834 | | for cases in which the Council determines that the Councilmember committed a violation of a |
---|
2835 | 2835 | | law or rule of a serious nature. COUNCIL RULES, PERIOD XXV I |
---|
2836 | 2836 | | |
---|
2837 | 2837 | | 82 |
---|
2838 | 2838 | | |
---|
2839 | 2839 | | (2) The Council may, by a 2/3rds vote of Councilmembers present and voting, |
---|
2840 | 2840 | | adopt a resolution of censure if it finds, based on substantial evidence contained in the resolution |
---|
2841 | 2841 | | or presented at the proceeding, that the Councilmember committed a violation of a law or rule of |
---|
2842 | 2842 | | a serious nature. |
---|
2843 | 2843 | | (b)(1) Expulsion is the most severe punitive action, serving as a penalty imposed for |
---|
2844 | 2844 | | egregious wrongdoing. Expulsion results in the removal of the Member. Expulsion should be |
---|
2845 | 2845 | | used for cases in which the Council determines that the Councilmember committed a violation of |
---|
2846 | 2846 | | law of the most serious nature, including a violation that substantially threatens the public trust. |
---|
2847 | 2847 | | (2) The Council may, by a 5/6 vote of Councilmembers, adopt a resolution of |
---|
2848 | 2848 | | expulsion if it finds, based on substantial evidence contained in the resolution or presented at the |
---|
2849 | 2849 | | proceeding, that the Councilmember committed a violation of law that amounts to a gross failure |
---|
2850 | 2850 | | to meet the highest standards of personal and professional conduct. |
---|
2851 | 2851 | | (c) To protect the exercise of official Councilmember duties and the overriding principle |
---|
2852 | 2852 | | of freedom of speech, the Council shall not impose censure or expulsion on any Councilmember |
---|
2853 | 2853 | | for the exercise of the Councilmember’s First Amendment right, no matter how distasteful the |
---|
2854 | 2854 | | expression of that right was to the Council and the District. |
---|
2855 | 2855 | | (d) For the purposes of this section, the term “substantial evidence” means proof that a |
---|
2856 | 2856 | | reasonable person would accept as adequate to support a conclusion or decision in favor of |
---|
2857 | 2857 | | censure or expulsion. |
---|
2858 | 2858 | | ARTICLE VII—BUDGET PROCEDURES. |
---|
2859 | 2859 | | A. BUDGET REVIEW PROCEDURES. |
---|
2860 | 2860 | | 701. ROLE OF THE COMMITTEE OF THE WHOLE. |
---|
2861 | 2861 | | The Mayor’s annual proposed budget for the District government and any revised, |
---|
2862 | 2862 | | supplemental, or deficiency budget submitted to the Council pursuant to section 442 of the |
---|
2863 | 2863 | | Charter (D.C. Official Code § 1-204.42) shall be referred to the Committee of the Whole. |
---|
2864 | 2864 | | 702. BUDGET-REVIEW SCHEDULE. |
---|
2865 | 2865 | | (a) The Budget Director, at the direction of the Chairman, shall prepare a budget-review |
---|
2866 | 2866 | | schedule, including committee hearings; and other budget activities as necessary or appropriate. |
---|
2867 | 2867 | | (b) The budget-review schedule shall be presented to the Committee of the Whole for |
---|
2868 | 2868 | | approval. The Budget Director may change the schedule as necessary or appropriate and shall |
---|
2869 | 2869 | | circulate the updated budget-review schedule and publish it on the Council website. COUNCIL RULES, PERIOD XXV I |
---|
2870 | 2870 | | |
---|
2871 | 2871 | | 83 |
---|
2872 | 2872 | | |
---|
2873 | 2873 | | 703. ROLE OF COUNCIL COMMITTEES. |
---|
2874 | 2874 | | (a) Each standing committee shall be responsible, in accordance with the budget-review |
---|
2875 | 2875 | | schedule, for reviewing the proposed budget for agencies within its purview, including: |
---|
2876 | 2876 | | (1) Holding public hearings; |
---|
2877 | 2877 | | (2) Recommending funding and personnel levels for each agency; |
---|
2878 | 2878 | | (3) Identifying additional budget needs not included in the committee's |
---|
2879 | 2879 | | recommendation under paragraph (2) of this subsection, for which funding is sought; |
---|
2880 | 2880 | | (4) Identifying legislative actions required to implement the committee’s budget |
---|
2881 | 2881 | | recommendations; and |
---|
2882 | 2882 | | (5) Identifying issues for further analysis by the Mayor pursuant to section |
---|
2883 | 2883 | | 442(a)(6) of the Charter (D.C. Official Code § 1-204.42(a)(6)). |
---|
2884 | 2884 | | (b)(1) Each standing committee shall hold a markup of its report of recommendations to |
---|
2885 | 2885 | | the Committee of the Whole for the proposed budget for agencies within its purview, in |
---|
2886 | 2886 | | accordance with report requirements issued by the Budget Director. |
---|
2887 | 2887 | | (2) The committee report of recommendations shall be balanced. No report shall |
---|
2888 | 2888 | | result in a net increase in the total amount of the budget request for all agencies under its purview |
---|
2889 | 2889 | | unless that report also identifies additional revenue sources, additional budget reductions, or |
---|
2890 | 2890 | | both, within the committee’s jurisdiction, sufficient to provide funding for the increase, except |
---|
2891 | 2891 | | where another committee has directed funds to the committee. |
---|
2892 | 2892 | | (3) Each proposed subtitle in the committee report shall be within the purview of |
---|
2893 | 2893 | | the committee. |
---|
2894 | 2894 | | (4) No amendment offered at markup shall have the effect of putting the |
---|
2895 | 2895 | | committee budget recommendations out of balance. |
---|
2896 | 2896 | | (5) No transfers or substantive changes shall be made after the markup that were |
---|
2897 | 2897 | | not approved at the markup. |
---|
2898 | 2898 | | (c)(1) Each standing committee shall submit its committee report to the Budget Director |
---|
2899 | 2899 | | for certification by close of business the day before the Committee of the Whole working |
---|
2900 | 2900 | | session. |
---|
2901 | 2901 | | (2) Following certification by the Budget Director, each committee shall file its |
---|
2902 | 2902 | | report with the Secretary. COUNCIL RULES, PERIOD XXV I |
---|
2903 | 2903 | | |
---|
2904 | 2904 | | 84 |
---|
2905 | 2905 | | |
---|
2906 | 2906 | | 704. COMMITTEE OF THE WHOLE CONSIDERATION OF PROPOSED BUDGET. |
---|
2907 | 2907 | | (a) The Budget Director, upon receipt of committee reports and at the direction of the |
---|
2908 | 2908 | | Chairman, shall prepare a summary of committee recommendations for presentation at a working |
---|
2909 | 2909 | | session of the Committee of the Whole. |
---|
2910 | 2910 | | (b) Following the working session, the Budget Director, at the direction of the Chairman, |
---|
2911 | 2911 | | shall prepare a draft report and print for the budget measures that includes the Chairman’s |
---|
2912 | 2912 | | recommendations. The report shall include a comparison of the budget levels recommended by |
---|
2913 | 2913 | | committees with any changes recommended by the Chairman. The Committee of the Whole shall |
---|
2914 | 2914 | | meet to consider and mark up the draft report and print. |
---|
2915 | 2915 | | (c) An amendment offered to a budget measure shall be accompanied by a fiscal impact |
---|
2916 | 2916 | | statement and a lel sufficiency determination, as required by Rules 309 and 310, respectively. |
---|
2917 | 2917 | | No amendment shall have the effect of putting the budget out of balance. |
---|
2918 | 2918 | | 705. COUNCIL CONSIDERATION OF THE BUDGET. |
---|
2919 | 2919 | | (a) Following the markup and report on the budget by the Committee of the Whole, the |
---|
2920 | 2920 | | reported budget shall be presented for 2 readings at the next legislative meetings or additional |
---|
2921 | 2921 | | meetings called by the Chairman for that purpose. |
---|
2922 | 2922 | | (b) An amendment offered to a budget measure shall be accompanied by a fiscal impact |
---|
2923 | 2923 | | statement and a lel sufficiency determination, as required by Rules 309 and 310, respectively. |
---|
2924 | 2924 | | No amendment shall be in order if it has the effect of putting the budget out of balance. |
---|
2925 | 2925 | | B. REPROGRAMMING POLICY ACT PROCEDURES. |
---|
2926 | 2926 | | 711. EFFECT OF RECESS ON PROCEDURES. |
---|
2927 | 2927 | | Reprogramming requests and grant budget modification requests may not be submitted to |
---|
2928 | 2928 | | the Council during a recess of the Council. No time period provided in this part for the |
---|
2929 | 2929 | | consideration of the requests will continue to run during a recess of the Council. |
---|
2930 | 2930 | | 712. COMMITTEE REFERRAL OF REQUESTS. |
---|
2931 | 2931 | | The Chairman may refer reprogramming requests for comments to the standing |
---|
2932 | 2932 | | committee having oversight responsibility for the program or agency affected. |
---|
2933 | 2933 | | 713. CIRCULATION OF REQUESTS. |
---|
2934 | 2934 | | The Secretary shall circulate a copy of a reprogramming request or a grant budget |
---|
2935 | 2935 | | modification request within one business day after the filing of the request with the Secretary. COUNCIL RULES, PERIOD XXV I |
---|
2936 | 2936 | | |
---|
2937 | 2937 | | 85 |
---|
2938 | 2938 | | |
---|
2939 | 2939 | | 714. PUBLICATION OF NOTICE. |
---|
2940 | 2940 | | Upon receipt of a reprogramming request or a grant budget modification request, the |
---|
2941 | 2941 | | Secretary shall publish a “notice of reprogramming request” or a “notice of grant budget |
---|
2942 | 2942 | | modification request”, as the case may be, in the Register that, at a minimum, includes: |
---|
2943 | 2943 | | (1) A description of the action requested; |
---|
2944 | 2944 | | (2) The date the request was received by the Council; and |
---|
2945 | 2945 | | (3) A statement that the request will be deemed approved 14 days from the date it |
---|
2946 | 2946 | | was received by the Council unless a notice of disapproval has been filed before that time by a |
---|
2947 | 2947 | | member of the Council, and that, if a notice of disapproval is filed, the request will be deemed |
---|
2948 | 2948 | | approved 30 days from the date the request was received unless, before that time, the Council |
---|
2949 | 2949 | | adopts a resolution to disapprove the request. |
---|
2950 | 2950 | | 715. WITHDRAWAL OF REPROGRAMMING REQUESTS. |
---|
2951 | 2951 | | The Mayor may withdraw a reprogramming request or grant budget modification request |
---|
2952 | 2952 | | at any time before the Council takes final action on the request, or before it takes effect without |
---|
2953 | 2953 | | Council action. |
---|
2954 | 2954 | | 716. REQUIREMENTS FOR DISAPPROVAL OF REQUESTS. |
---|
2955 | 2955 | | (a) To initiate disapproval of a reprogramming request or a grant budget-modification |
---|
2956 | 2956 | | request, a Councilmember shall file a written notice of disapproval with the Secretary within 14 |
---|
2957 | 2957 | | days after the Council receives the request. The Secretary shall circulate copies of the written |
---|
2958 | 2958 | | notice of disapproval. |
---|
2959 | 2959 | | (b) If this notice is given, the Council may consider and take final action, as provided in |
---|
2960 | 2960 | | this section, to disapprove the request within 30 calendar days after the Council receives the |
---|
2961 | 2961 | | request. |
---|
2962 | 2962 | | 717. AUTOMATIC APPROVAL OF REQUESTS. |
---|
2963 | 2963 | | If the notice of disapproval provided in Rule 716 is not given within 14 days after the |
---|
2964 | 2964 | | Council receives the request, the reprogramming request or a grant budget modification request |
---|
2965 | 2965 | | shall be deemed approved. If the notice is given as provided in Rule 716(a) and the Council does |
---|
2966 | 2966 | | not take final action to disapprove the request as provided in Rule 716(b), the reprogramming |
---|
2967 | 2967 | | request or a grant budget modification request shall be deemed approved. COUNCIL RULES, PERIOD XXV I |
---|
2968 | 2968 | | |
---|
2969 | 2969 | | 86 |
---|
2970 | 2970 | | |
---|
2971 | 2971 | | 718. TRANSMITTAL TO MAYOR. |
---|
2972 | 2972 | | The Chairman shall transmit, by letter to the Mayor, notification of the Council’s |
---|
2973 | 2973 | | disapproving or failure to disapprove a reprogramming request or a grant budget modification |
---|
2974 | 2974 | | request. |
---|
2975 | 2975 | | C. FUNDS CONTROL ACT PROCEDURES. |
---|
2976 | 2976 | | [RESERVED]. |
---|
2977 | 2977 | | D. SPECIFIED FUNDING ALLOCATION PROCEDURES. |
---|
2978 | 2978 | | 730. REQUIRED INFORMATION PRIOR TO APPROVAL. |
---|
2979 | 2979 | | (a) To receive an earmarked grant through the budget process or a supplemental budget, |
---|
2980 | 2980 | | each grantee, no later than 7 days following the inclusion of funding in the budget at first |
---|
2981 | 2981 | | reading, or if applicable, at second reading, shall submit electronically to the Budget Director the |
---|
2982 | 2982 | | following: |
---|
2983 | 2983 | | (1) The ornization’s Articles of Incorporation; |
---|
2984 | 2984 | | (2)(A) Internal Revenue Service certification that the ornization is tax-exempt |
---|
2985 | 2985 | | under 26 U.S.C. § 501(c)(3); or |
---|
2986 | 2986 | | (B) A notarized statement that the ornization has filed for tax-exempt |
---|
2987 | 2987 | | status and the application is still under consideration by the Internal Revenue Service; |
---|
2988 | 2988 | | (3)(A) The ornization’s most recent financial audit, not more than 2 years old; |
---|
2989 | 2989 | | or |
---|
2990 | 2990 | | (B) A recent financial statement, not more than one year old, prepared by |
---|
2991 | 2991 | | a certified accountant that shows that the ornization is in good financial standing and that |
---|
2992 | 2992 | | delineates its: |
---|
2993 | 2993 | | (i) Existing assets and liabilities; |
---|
2994 | 2994 | | (ii) Pending lawsuits, if any; and |
---|
2995 | 2995 | | (iii) Pending and final judgments, if any; |
---|
2996 | 2996 | | (4) The most recently filed Internal Revenue Service Form 990 or 990EZ |
---|
2997 | 2997 | | covering one of the ornization’s most recently completed 2 fiscal years; |
---|
2998 | 2998 | | (5) A notarized statement from the grantee certifying that: |
---|
2999 | 2999 | | (A) The ornization is current on District and federal taxes; COUNCIL RULES, PERIOD XXV I |
---|
3000 | 3000 | | |
---|
3001 | 3001 | | 87 |
---|
3002 | 3002 | | |
---|
3003 | 3003 | | (B) The Council of the District of Columbia is authorized to verify the |
---|
3004 | 3004 | | ornization’s tax status with the District of Columbia Office of Tax and Revenue and the Office |
---|
3005 | 3005 | | of Tax and Revenue is authorized to release this information to the Council, the Mayor, and the |
---|
3006 | 3006 | | Auditor; |
---|
3007 | 3007 | | (C) The ornization focuses primarily on services to District of |
---|
3008 | 3008 | | Columbia; and |
---|
3009 | 3009 | | (D) The District government shall have access to its financial, |
---|
3010 | 3010 | | administrative, and operational records, including specific consent for the Auditor to access its |
---|
3011 | 3011 | | books, accounts, records, findings, and documents related to the grant; and |
---|
3012 | 3012 | | (6) A comprehensive program statement that includes a detailed: |
---|
3013 | 3013 | | (A) Scope of work for the grant funds; and |
---|
3014 | 3014 | | (B) Budget that describes how the grant funds shall be spent. |
---|
3015 | 3015 | | (b) Nothing in this part shall be construed as waiving the requirements to submit |
---|
3016 | 3016 | | information required of all grantees by the grantor agencies or ornizations. |
---|
3017 | 3017 | | (c)(1) If an ornization cannot meet the submission requirements established in |
---|
3018 | 3018 | | subsection (a) of this section, the ornization shall be required to submit: |
---|
3019 | 3019 | | (A) A notarized statement designating a nonprofit ornization that does |
---|
3020 | 3020 | | meet the criteria to serve as its fiscal agent or fiscal sponsor postmarked or hand delivered to the |
---|
3021 | 3021 | | Council’s Office of the Budget Director no later than the time prescribed in subsection (a) of this |
---|
3022 | 3022 | | section; and |
---|
3023 | 3023 | | (B) The information required by subsection (a)(5) of this section. |
---|
3024 | 3024 | | (2) The fiscal agent or fiscal sponsor shall be required to submit the following to |
---|
3025 | 3025 | | the Council’s Office of the Budget Director no later than the time prescribed in subsection (a) of |
---|
3026 | 3026 | | this section: |
---|
3027 | 3027 | | (A) A notarized statement agreeing to serve as fiscal agent or fiscal |
---|
3028 | 3028 | | sponsor; and |
---|
3029 | 3029 | | (B) The information required by subsection (a) of this section. |
---|
3030 | 3030 | | (d)(1) All earmarked grants shall be listed in the Budget Support Act to include the |
---|
3031 | 3031 | | grantee name, grant amount, and purpose of the grant. |
---|
3032 | 3032 | | (2) Before the second reading of the Budget Support Act, the Council's Budget |
---|
3033 | 3033 | | Director shall certify which grantees have met the requirements of subsection (a) of this section. COUNCIL RULES, PERIOD XXV I |
---|
3034 | 3034 | | |
---|
3035 | 3035 | | 88 |
---|
3036 | 3036 | | |
---|
3037 | 3037 | | Any grantee that has not met the requirements shall be removed from the Budget Support Act on |
---|
3038 | 3038 | | second reading and shall not receive funding through an earmarked grant. |
---|
3039 | 3039 | | (e) This part shall not apply to funds or grants provided to instrumentalities of the District |
---|
3040 | 3040 | | or entities that are named in a Local Budget Act. |
---|
3041 | 3041 | | 731. [RESERVED]. |
---|
3042 | 3042 | | 732. LIMITS ON AWARD AMOUNTS. |
---|
3043 | 3043 | | Specified funding allocations per fiscal year shall be limited to $250,000 for non-capital |
---|
3044 | 3044 | | projects and $1 million for all capital projects. |
---|
3045 | 3045 | | 733. AUDIT REQUIREMENTS. |
---|
3046 | 3046 | | (a) Grantees shall be notified that the District of Columbia Auditor may randomly audit |
---|
3047 | 3047 | | grant recipients. |
---|
3048 | 3048 | | (b) The District of Columbia Auditor’s report, if applicable, shall be issued no later than |
---|
3049 | 3049 | | March 1st of the fiscal year immediately following the year for which the grant was awarded. |
---|
3050 | 3050 | | 734. DISCLOSURE REQUIREMENTS. |
---|
3051 | 3051 | | Councilmembers and staff and the officers and directors of a proposed grantee shall |
---|
3052 | 3052 | | disclose the existence of any personal, familial, or financial relationship between a |
---|
3053 | 3053 | | Councilmember or staff and any officer or director of the grantee. |
---|
3054 | 3054 | | E. REPORTS ON BILLS SUBJECT TO INCLUSION IN THE BUDGET AND |
---|
3055 | 3055 | | FINANCIAL PLAN. |
---|
3056 | 3056 | | 735. REPORTS ON BILLS SUBJECT TO INCLUSION IN THE BUDGET AND |
---|
3057 | 3057 | | FINANCIAL PLAN. |
---|
3058 | 3058 | | The Budget Director shall circulate and publish quarterly reports in accordance with Rule |
---|
3059 | 3059 | | 283(b) no later than 15 days after the end of each quarter, identifying the bills adopted by the |
---|
3060 | 3060 | | Council that are subject to inclusion in the budget and financial plan or subject to appropriation. |
---|
3061 | 3061 | | 736. REPEAL OF LAWS SUBJECT TO APPROPRIATION . |
---|
3062 | 3062 | | (a) A law, or provision of a law, that will be applicable subject to inclusion in a budget |
---|
3063 | 3063 | | and financial plan that remains unfunded for 2 fiscal years shall be subject to repeal in the |
---|
3064 | 3064 | | Budget Support Act on the third fiscal year following its enactment. COUNCIL RULES, PERIOD XXV I |
---|
3065 | 3065 | | |
---|
3066 | 3066 | | 89 |
---|
3067 | 3067 | | |
---|
3068 | 3068 | | (b) The Budget Director shall prepare and submit a list of the laws, or provisions thereof, |
---|
3069 | 3069 | | that meet the criteria for repeal to the Chairman that the Chairman may propose for approval by |
---|
3070 | 3070 | | the Committee of the Whole for inclusion in the Budget Support Act. |
---|
3071 | 3071 | | ARTICLE VIII—COUNCIL RECORDS |
---|
3072 | 3072 | | A. COUNCIL RECORDS. |
---|
3073 | 3073 | | 801. RESPONSIBILITY FOR RECORDS. |
---|
3074 | 3074 | | (a) The Secretary shall maintain accurate and up-to-date Council records, described in |
---|
3075 | 3075 | | Rules 806 and 807, and shall make the records available to the public. |
---|
3076 | 3076 | | (b) Each committee shall make records on legislation assigned to the committee and on |
---|
3077 | 3077 | | other committee activities and shall file the records, when the record on a matter is closed post- |
---|
3078 | 3078 | | hearing in accordance with Rule 532, with the Secretary. When records are in the custody of the |
---|
3079 | 3079 | | committee, the committee shall make them available to the public. |
---|
3080 | 3080 | | 802. FORM FOR INTRODUCTIONS. |
---|
3081 | 3081 | | (a) Each measure shall be introduced in typewritten form, signed by the Councilmember |
---|
3082 | 3082 | | introducing it, include a long title that summarizes the subject matter of the measure, and be in |
---|
3083 | 3083 | | substantial compliance with the form required for final adoption. The Secretary shall make the |
---|
3084 | 3084 | | determination as to whether the measure complies with this subsection. |
---|
3085 | 3085 | | (b) Co-introduction of a measure shall be evidenced by the signature of the co-introducer |
---|
3086 | 3086 | | on the face of the measure. Co-sponsorship shall be permitted up to the close of business the day |
---|
3087 | 3087 | | following the legislative meeting or Committee of the Whole work session at which the measure |
---|
3088 | 3088 | | was officially referred. |
---|
3089 | 3089 | | (c) A Councilmember may withdraw as a co-introducer or a co-sponsor pursuant to Rule |
---|
3090 | 3090 | | 402. |
---|
3091 | 3091 | | 803. REPORTS ON LEGISLATION. |
---|
3092 | 3092 | | (a) Each measure that is adopted by a committee shall be accompanied by a report. |
---|
3093 | 3093 | | (b) The report shall be adopted by the committee at the same meeting at which the |
---|
3094 | 3094 | | measure is approved. |
---|
3095 | 3095 | | (c) Each adopted report on a measure shall be in writing, signed by the committee’s |
---|
3096 | 3096 | | chairperson, accompanied by the final measure, and dated as of the date of the markup. |
---|
3097 | 3097 | | (d) Each adopted report shall contain the following information, in the order listed, |
---|
3098 | 3098 | | rerding the reported legislation: COUNCIL RULES, PERIOD XXV I |
---|
3099 | 3099 | | |
---|
3100 | 3100 | | 90 |
---|
3101 | 3101 | | |
---|
3102 | 3102 | | (1) A comprehensive section stating the measure’s background, need, purpose, |
---|
3103 | 3103 | | and effect. This section shall also include the committee’s reasoning, analysis of relevant issues, |
---|
3104 | 3104 | | legislative intent, and, if applicable, guidance on statutory construction; |
---|
3105 | 3105 | | (2) A chronology of action, including the date: |
---|
3106 | 3106 | | (A) Of introduction; |
---|
3107 | 3107 | | (B) That the notice of intent to act on the measure was published in the |
---|
3108 | 3108 | | Register; |
---|
3109 | 3109 | | (C) That each notice of hearing or roundtable was published in the |
---|
3110 | 3110 | | Register; |
---|
3111 | 3111 | | (D) Of each hearing or roundtable on the measure; and |
---|
3112 | 3112 | | (E) Of the committee meeting at which the measure and report were |
---|
3113 | 3113 | | adopted; |
---|
3114 | 3114 | | (3) The position of the Executive, if any, on the measure; |
---|
3115 | 3115 | | (4) The committee’s response to the relevant recommendations adopted by a |
---|
3116 | 3116 | | resolution of an affected Advisory Neighborhood Commission, if any, that has been provided to |
---|
3117 | 3117 | | the committee before the close of the record; |
---|
3118 | 3118 | | (5) A list of witnesses who testified at the hearing or roundtable, or who |
---|
3119 | 3119 | | submitted a statement for the record before close of the record, and a brief summary of each |
---|
3120 | 3120 | | witness’s position; |
---|
3121 | 3121 | | (6) An explanation of the impact on existing provisions of law that the measure |
---|
3122 | 3122 | | would modify or affect; |
---|
3123 | 3123 | | (7) A summary of the fiscal impact, including whether funds are sufficient to |
---|
3124 | 3124 | | implement the legislation, and, if applicable, a summary of the tax abatement financial analysis |
---|
3125 | 3125 | | conducted pursuant to D.C. Official Code § 47-4701; |
---|
3126 | 3126 | | (8) A summary of the racial equity impact, if an assessment has been provided |
---|
3127 | 3127 | | pursuant to Rule 311, and the committee’s response to the assessment; |
---|
3128 | 3128 | | (9) A detailed section-by-section analysis of the measure’s substantive provisions; |
---|
3129 | 3129 | | (10) Any additional information that the committee decides to include; |
---|
3130 | 3130 | | (11) A summary of the committee’s markup of the measure, including: COUNCIL RULES, PERIOD XXV I |
---|
3131 | 3131 | | |
---|
3132 | 3132 | | 91 |
---|
3133 | 3133 | | |
---|
3134 | 3134 | | (A) Dissenting, separate, and individual views of committee members, if |
---|
3135 | 3135 | | members demanded the opportunity to state their views; |
---|
3136 | 3136 | | (B) A record of the results of a voice vote or, if a roll-call vote, the votes |
---|
3137 | 3137 | | to adopt the legislation and the motion to adopt the report; and |
---|
3138 | 3138 | | (C) Any recorded votes on amendments to the measure or other motions; |
---|
3139 | 3139 | | and |
---|
3140 | 3140 | | (12) The report adopted by the final committee in cases of a sequential referral |
---|
3141 | 3141 | | may summarize paragraphs (2), (4), and (5) of this subsection, if the previous committee report |
---|
3142 | 3142 | | (in the sequential referral) is included (with or without attachments). |
---|
3143 | 3143 | | (e) Attached to each report, in the following order, shall be: |
---|
3144 | 3144 | | (1) The measure, as introduced, along with any transmittal letter, if applicable |
---|
3145 | 3145 | | (but not necessarily any other attachments to the introduction), and the Secretary’s memorandum |
---|
3146 | 3146 | | of referral; |
---|
3147 | 3147 | | (2) Any written statements or materials that the committee decides to attach; |
---|
3148 | 3148 | | (3) The Racial Equity Impact Assessment, if one has been issued pursuant to Rule |
---|
3149 | 3149 | | 311; |
---|
3150 | 3150 | | (4) As required by Rule 309, a fiscal impact statement; |
---|
3151 | 3151 | | (5) The tax abatement financial analysis conducted pursuant to D.C. Official Code |
---|
3152 | 3152 | | § 47-4701, if applicable; |
---|
3153 | 3153 | | (6) As required by Rule 310, a lel sufficiency determination; |
---|
3154 | 3154 | | (7) If reporting a bill repealing or amending existing law, a comparative print |
---|
3155 | 3155 | | showing, by italic, underscore, strikethrough, or other typographical device, the changes |
---|
3156 | 3156 | | proposed; except, that when a new section, or greater part is being added, such as a new chapter |
---|
3157 | 3157 | | or title, a comparative print shall not be required but a reference to the new section or part shall |
---|
3158 | 3158 | | be included in the committee report; and |
---|
3159 | 3159 | | (8) A committee print that states the number of the measure and, in the top left- |
---|
3160 | 3160 | | hand corner of the measure, the name of the committee, the date of the committee markup, and |
---|
3161 | 3161 | | the words “committee print”. |
---|
3162 | 3162 | | (f) Each report prepared by the Committee of the Whole on a Council appointment to |
---|
3163 | 3163 | | another body and each report prepared by another committee on a confirmation shall include a |
---|
3164 | 3164 | | current resume of the nominee. COUNCIL RULES, PERIOD XXV I |
---|
3165 | 3165 | | |
---|
3166 | 3166 | | 92 |
---|
3167 | 3167 | | |
---|
3168 | 3168 | | (g) As required by Rule 309, no measure may be approved by a committee without a |
---|
3169 | 3169 | | fiscal impact statement on the measure that is included in the committee report at the time of its |
---|
3170 | 3170 | | consideration. |
---|
3171 | 3171 | | (h) As required by Rule 310, no measure may be approved by a committee without a |
---|
3172 | 3172 | | lel sufficiency determination on the measure that is included in the committee report at the |
---|
3173 | 3173 | | time of its consideration. |
---|
3174 | 3174 | | (i)(1) A committee chairperson shall file a reported bill or resolution with the Secretary |
---|
3175 | 3175 | | within 20 business days after committee action on the bill or resolution unless the committee |
---|
3176 | 3176 | | votes to reconsider the bill or resolution. |
---|
3177 | 3177 | | (2) If a committee chairperson has failed to file a reported measure within the |
---|
3178 | 3178 | | period of time specified in paragraph (1) of this subsection, the committee, by a majority vote of |
---|
3179 | 3179 | | the members of the committee, may vote to have the measure as reported filed immediately with |
---|
3180 | 3180 | | the Secretary, to be agendized at the next scheduled Committee of the Whole meeting. |
---|
3181 | 3181 | | (j) This section shall not apply to a budget measure or an emergency or temporary |
---|
3182 | 3182 | | measure. |
---|
3183 | 3183 | | (k) The Secretary shall determine whether the report complies with this section. |
---|
3184 | 3184 | | 804. SUPPLEMENTAL COMMITTEE REPORT . |
---|
3185 | 3185 | | A committee may adopt a supplemental committee report on a measure that expounds on |
---|
3186 | 3186 | | the intent of that measure and explains the reasoning for any amendments to the measure by the |
---|
3187 | 3187 | | Council after the filing of the committee report on the measure. A supplemental committee |
---|
3188 | 3188 | | report adopted by a Committee shall be filed with the Secretary. |
---|
3189 | 3189 | | 805. IDENTIFICATION OF COUNCIL DOCUMENTS. |
---|
3190 | 3190 | | (a) Legislative documents shall be identified by a name that describes the type of |
---|
3191 | 3191 | | document and a 2-part document number. |
---|
3192 | 3192 | | (b) Legislative documents shall be identified by the following names: |
---|
3193 | 3193 | | (1) A bill, whether permanent, temporary, or emergency, shall be known as a |
---|
3194 | 3194 | | “Bill”; |
---|
3195 | 3195 | | (2) A resolution, before its adoption, shall be known as a “Proposed Resolution”; |
---|
3196 | 3196 | | (3) An enacted bill signed by the Mayor, a bill vetoed by the Mayor and approved |
---|
3197 | 3197 | | by members of the Council, or an approved initiative certified by the Board of Elections shall be |
---|
3198 | 3198 | | known as a “District of Columbia Act”; COUNCIL RULES, PERIOD XXV I |
---|
3199 | 3199 | | |
---|
3200 | 3200 | | 93 |
---|
3201 | 3201 | | |
---|
3202 | 3202 | | (4) An adopted resolution shall be known as a “Resolution”; |
---|
3203 | 3203 | | (5) A ceremonial resolution, whether proposed or adopted, shall be known as a |
---|
3204 | 3204 | | “Ceremonial Resolution”; |
---|
3205 | 3205 | | (6) An act that has taken effect following a congressional review period shall be |
---|
3206 | 3206 | | known as a “District of Columbia Law”; |
---|
3207 | 3207 | | (7) A proposed reornization plan shall be known as a “Reornization Plan”; |
---|
3208 | 3208 | | (8) A request for a reprogramming shall be known as a “Reprogramming |
---|
3209 | 3209 | | Request”; |
---|
3210 | 3210 | | (9) A proposed state plan shall be known as a “Proposed State Plan”; and |
---|
3211 | 3211 | | (10) A request for a grant budget modification shall be known as a “Grant Budget |
---|
3212 | 3212 | | Modification”. |
---|
3213 | 3213 | | (c) The Secretary shall assign 2-part numbers to Council documents identified in |
---|
3214 | 3214 | | subsection (b) of this section in the order of introduction, filing, adoption, or approval. The first |
---|
3215 | 3215 | | part of the number consists of the current Council Period, and the second part consists of a |
---|
3216 | 3216 | | consecutive serial number beginning with the number “1” in each Council Period. |
---|
3217 | 3217 | | (d) A report on a measure or a topic shall be titled as a “Report on ______________” |
---|
3218 | 3218 | | (with the name to be filled in as appropriate under subsection (b) of this section). Titled reports |
---|
3219 | 3219 | | shall be further identified by: |
---|
3220 | 3220 | | (1) A number corresponding to the number, if any, assigned to a measure; or |
---|
3221 | 3221 | | (2) If the report is not on a measure, a sequential number preceded by the year |
---|
3222 | 3222 | | filed. |
---|
3223 | 3223 | | 806. LEGISLATIVE FILES. |
---|
3224 | 3224 | | (a) The Secretary shall maintain an official file on each bill and proposed resolution, |
---|
3225 | 3225 | | which shall include the original of the following: |
---|
3226 | 3226 | | (1) The introduced version of the bill or proposed resolution; |
---|
3227 | 3227 | | (2) Any recordings, transcripts, or items submitted for the record of hearings on |
---|
3228 | 3228 | | the legislation; |
---|
3229 | 3229 | | (3) The committee report on the legislation; COUNCIL RULES, PERIOD XXV I |
---|
3230 | 3230 | | |
---|
3231 | 3231 | | 94 |
---|
3232 | 3232 | | |
---|
3233 | 3233 | | (4) Files transmitted from the committee rerding committee consideration of the |
---|
3234 | 3234 | | bill or resolution; |
---|
3235 | 3235 | | (5) Any amendments to the bill or proposed resolution presented in legislative |
---|
3236 | 3236 | | meetings; |
---|
3237 | 3237 | | (6) The engrossed and enrolled versions of the legislation; |
---|
3238 | 3238 | | (7) Records of the publication and notice given of Council consideration of the |
---|
3239 | 3239 | | legislation; |
---|
3240 | 3240 | | (8) Records of official transmittal of the legislation to the Mayor, to Congress, or |
---|
3241 | 3241 | | other agencies or entities as required by law or the legislation; and |
---|
3242 | 3242 | | (9) Records from the Mayor, including vetoes and other statements transmitted to |
---|
3243 | 3243 | | the Council by the Mayor, records from independent agencies or entities, such as the Office of |
---|
3244 | 3244 | | the Chief Financial Officer and the Washington Metropolitan Area Transit Authority, and |
---|
3245 | 3245 | | records from Congress or a member of Congress. |
---|
3246 | 3246 | | (b) The posting of draft measures and associated notices on the Council’s website shall |
---|
3247 | 3247 | | not be considered official documents unless expressly incorporated in the official file by the |
---|
3248 | 3248 | | Secretary pursuant to subsection (a) of this section. |
---|
3249 | 3249 | | |
---|
3250 | 3250 | | 807. OTHER OFFICIAL RECORDS. |
---|
3251 | 3251 | | |
---|
3252 | 3252 | | The Secretary shall maintain other official Council records, including: |
---|
3253 | 3253 | | |
---|
3254 | 3254 | | (1) Transcripts and recordings of all legislative meetings; |
---|
3255 | 3255 | | (2) Audio and video recordings and minutes of all committee meetings; |
---|
3256 | 3256 | | (3) Audio and video recordings and documents submitted for the record of all |
---|
3257 | 3257 | | legislative hearings; |
---|
3258 | 3258 | | (4) Audio and video recordings and documents submitted for the record of |
---|
3259 | 3259 | | investitive hearings, recordings and transcripts of depositions and other testimony taken in |
---|
3260 | 3260 | | connection with investitions, and reports of investitions; |
---|
3261 | 3261 | | (5) Records of all committee meetings to include the meeting agenda, the draft |
---|
3262 | 3262 | | committee print considered at the meeting, and each amendment to a measure moved at the |
---|
3263 | 3263 | | meeting; and |
---|
3264 | 3264 | | (6) Any other document or record required by law or these Rules to be filed with |
---|
3265 | 3265 | | the Council or with the Secretary. COUNCIL RULES, PERIOD XXV I |
---|
3266 | 3266 | | |
---|
3267 | 3267 | | 95 |
---|
3268 | 3268 | | |
---|
3269 | 3269 | | 808. RECORDS OF LEGISLATIVE MEETINGS. |
---|
3270 | 3270 | | A recording of each legislative meeting shall be produced and maintained by the |
---|
3271 | 3271 | | Secretary. A written transcript or a transcription of each legislative meeting shall be made |
---|
3272 | 3272 | | available upon request. The Council may establish a fee to cover the cost of production of any |
---|
3273 | 3273 | | recording or transcript. |
---|
3274 | 3274 | | 809. COMMITTEE RECORDS. |
---|
3275 | 3275 | | Whenever there is a change in the chairperson of a committee, the incumbent committee |
---|
3276 | 3276 | | chairperson shall ensure that official committee files and records are maintained and transmitted |
---|
3277 | 3277 | | to the incoming committee chairperson. |
---|
3278 | 3278 | | B. FREEDOM OF INFORMATION AND SERVICE OF PROCESS. |
---|
3279 | 3279 | | 811. FOIA PROCEDURES. |
---|
3280 | 3280 | | (a) For the purposes of the Freedom of Information Act (D.C. Official Code § 2-531 et |
---|
3281 | 3281 | | seq.) (“FOIA”), the General Counsel, or the General Counsel’s designee, shall be the Council’s |
---|
3282 | 3282 | | FOIA Officer. |
---|
3283 | 3283 | | (b) To ensure accurate and timely compliance with FOIA, if a Councilmember, staff |
---|
3284 | 3284 | | member, or Council office receives a request for information contained in a record or access to a |
---|
3285 | 3285 | | record, the request shall be forwarded to the FOIA Officer within one business day after receipt. |
---|
3286 | 3286 | | The FOIA Officer shall endeavor to provide documents under FOIA to requesters as soon as |
---|
3287 | 3287 | | possible, and within the time period prescribed in D.C. Official Code § 2-532. |
---|
3288 | 3288 | | (c)(1) Within one business day after receiving a finalized FOIA request, the FOIA Officer |
---|
3289 | 3289 | | shall inform the Councilmember or Council office that is the subject of the request. |
---|
3290 | 3290 | | (2) For FOIA requests for public records within the control and possession of a |
---|
3291 | 3291 | | Councilmember or Council office, the FOIA Officer shall instruct the subject to put a |
---|
3292 | 3292 | | preservation hold on, to search for, and to provide copies of any public records responsive to the |
---|
3293 | 3293 | | request to the FOIA Officer. |
---|
3294 | 3294 | | (3) For FOIA requests for public records in any electronic format, the FOIA |
---|
3295 | 3295 | | Officer shall instruct the subject to put a preservation hold on such records responsive to the |
---|
3296 | 3296 | | request. |
---|
3297 | 3297 | | (d)(1) Upon receipt of a written request for access to a record, the FOIA Officer shall |
---|
3298 | 3298 | | make a good-faith effort to determine if the record requested is a public record and whether the |
---|
3299 | 3299 | | Council possesses the identified record. COUNCIL RULES, PERIOD XXV I |
---|
3300 | 3300 | | |
---|
3301 | 3301 | | 96 |
---|
3302 | 3302 | | |
---|
3303 | 3303 | | (2) If a requester specifically identifies a public record that is not in the possession |
---|
3304 | 3304 | | of the Council and has made a reasonable showing that the record is in the possession of a |
---|
3305 | 3305 | | Council employee, including the Chairman and each Councilmember, the FOIA Officer shall |
---|
3306 | 3306 | | request that the employee search for and produce the public record believed to be in the |
---|
3307 | 3307 | | employee’s possession. An employee receiving a request under this paragraph shall make |
---|
3308 | 3308 | | reasonable efforts to search for and produce the public record to the FOIA Officer within the |
---|
3309 | 3309 | | time and in the form prescribed by the FOIA Officer and shall verify in writing that reasonable |
---|
3310 | 3310 | | efforts were made. |
---|
3311 | 3311 | | (e) Before releasing any documents, emails, or materials, the FOIA Officer shall give the |
---|
3312 | 3312 | | subject 2 business days to review the documents, emails, and materials, and to assert any lelly |
---|
3313 | 3313 | | cognizable privileges or statutory exemptions from disclosure for a specific document, email, or |
---|
3314 | 3314 | | material. |
---|
3315 | 3315 | | (f) The General Counsel shall make the final determination on whether particular public |
---|
3316 | 3316 | | records are responsive to the request and privileged or otherwise subject to disclosure. |
---|
3317 | 3317 | | (g) For the purposes of this rule, the term “public record” shall have the same meaning as |
---|
3318 | 3318 | | provided in D.C. Official Code § 2-539. |
---|
3319 | 3319 | | 812. TRANSACTION OF PUBLIC BUSINESS BY ELECTR ONIC FORMAT. |
---|
3320 | 3320 | | A Council employee, including the Chairman and each Councilmember, shall use only |
---|
3321 | 3321 | | the employee’s government-provided email account, cellular phone, or tablet device to transact |
---|
3322 | 3322 | | public business by email, text or other electronically transmitted message, including official |
---|
3323 | 3323 | | action of any kind, unless the employee takes steps to ensure that any emails, text messages, or |
---|
3324 | 3324 | | other electronically transmitted messages including those designed to disappear after a certain |
---|
3325 | 3325 | | time period, sent or received on an account other than the email account, cellular phone, or tablet |
---|
3326 | 3326 | | device provided by the government are otherwise incorporated into the Council’s records in a |
---|
3327 | 3327 | | text-searchable format. |
---|
3328 | 3328 | | 813. SERVICE OF PROCESS. |
---|
3329 | 3329 | | (a) For the purpose of receiving lel correspondence (including summonses, complaints, |
---|
3330 | 3330 | | and subpoenas), only the Secretary and the General Counsel, or their designees, may accept |
---|
3331 | 3331 | | service of process for the Council or any Councilmember in an official capacity. |
---|
3332 | 3332 | | (b) To ensure timely responses to lel pleadings, and to timely assert the Council’s |
---|
3333 | 3333 | | legislative privilege for actions taken within the scope of a Member’s legislative duties, the |
---|
3334 | 3334 | | Office of the General Counsel shall be notified immediately of receipt of any lel |
---|
3335 | 3335 | | correspondence, and such lel correspondence shall be transmitted to the Office of the General |
---|
3336 | 3336 | | Counsel within one business day after receipt. COUNCIL RULES, PERIOD XXV I |
---|
3337 | 3337 | | |
---|
3338 | 3338 | | 97 |
---|
3339 | 3339 | | |
---|
3340 | 3340 | | (c) A Member may not accept service of process of a lel document on behalf of the |
---|
3341 | 3341 | | Council or for another Member. |
---|
3342 | 3342 | | ARTICLE IX—AUDITOR. |
---|
3343 | 3343 | | 901. SELECTION. |
---|
3344 | 3344 | | The Chairman shall nominate the Auditor, and the Council shall, by resolution, act on the |
---|
3345 | 3345 | | nomination. |
---|
3346 | 3346 | | 902. TERM AND COMPENSATION. |
---|
3347 | 3347 | | The Auditor shall serve for a term of 6 years and shall be paid at a rate of compensation |
---|
3348 | 3348 | | as may be established from time to time by the Council. |
---|
3349 | 3349 | | 903. VACANCY. |
---|
3350 | 3350 | | A vacancy in the Office of the Auditor shall be filled in the manner prescribed for |
---|
3351 | 3351 | | full-term appointments to that office, and any person appointed to fill the vacancy shall serve |
---|
3352 | 3352 | | until the end of the predecessor’s term. |
---|
3353 | 3353 | | 904. STAFF. |
---|
3354 | 3354 | | The Auditor shall appoint, remove, and set the relative remuneration, in accordance with |
---|
3355 | 3355 | | the budget of the Office of the Auditor, of the Auditor’s subordinate staff. |
---|
3356 | 3356 | | 905. REPORTS AVAILABLE TO THE PUBLIC. |
---|
3357 | 3357 | | The Council shall make audit reports submitted to the Council by the Auditor, and any |
---|
3358 | 3358 | | other material it deems pertinent to the report, available for public inspection. |
---|
3359 | 3359 | | ARTICLE X—CONSTRUCTION, SUSPENSION, AND AMENDMENT OF RULES. |
---|
3360 | 3360 | | 1001. PARLIAMENTARY AUTHORITY. |
---|
3361 | 3361 | | Matters not covered by these Rules shall be governed by Mason’s Manual of Legislative |
---|
3362 | 3362 | | Procedure. It is the duty of the Chairman to interpret the Rules. Matters not covered by Mason’s |
---|
3363 | 3363 | | Manual of Legislative Procedure shall be determined by the Chairman subject to the right of a |
---|
3364 | 3364 | | Member to appeal the Chairman’s ruling. The Council recognizes the principle of stare decisis in |
---|
3365 | 3365 | | resolving questions of order. |
---|
3366 | 3366 | | 1002. GENDER RULE OF CONSTRUCTION. |
---|
3367 | 3367 | | Unless the context indicates otherwise, words importing one gender include other |
---|
3368 | 3368 | | genders. COUNCIL RULES, PERIOD XXV I |
---|
3369 | 3369 | | |
---|
3370 | 3370 | | 98 |
---|
3371 | 3371 | | |
---|
3372 | 3372 | | 1003. SUSPENSION OF RULES. |
---|
3373 | 3373 | | (a) Except for rules rerding notice, quorum, or amendment of these Rules and any |
---|
3374 | 3374 | | requirement of the Charter or other law, any Rule governing procedures of the Council may be |
---|
3375 | 3375 | | suspended during the consideration of a specified matter by motion to suspend the Rules |
---|
3376 | 3376 | | approved by 2/3rds of the Members present and voting. |
---|
3377 | 3377 | | (b) A motion to suspend the Rules is not debatable and may not be reconsidered. |
---|
3378 | 3378 | | 1004. AMENDMENT OF RULES. |
---|
3379 | 3379 | | (a) These Rules may be amended by a vote of a majority of the Council. |
---|
3380 | 3380 | | (b) The proposed rules to be adopted at the ornizational meeting pursuant to Rule 301 |
---|
3381 | 3381 | | shall be filed by the Chairman with the Secretary no later than the business day before the |
---|
3382 | 3382 | | ornizational meeting. An amendment to the Rules at any other time shall be introduced by the |
---|
3383 | 3383 | | Chairman and shall be noticed and a draft circulated by noon on the third business day before the |
---|
3384 | 3384 | | meeting at which it is to be considered. |
---|
3385 | 3385 | | (c) The current version of these Rules shall be featured prominently on the Council |
---|
3386 | 3386 | | website, including any amendments adopted since the Rules were first adopted at the |
---|
3387 | 3387 | | ornizational meeting held pursuant to Rule 301. |
---|
3388 | 3388 | | 1005. EFFECTIVE PERIOD. |
---|
3389 | 3389 | | These Rules shall be effective until superseded by Rules of Ornization and Procedure |
---|
3390 | 3390 | | adopted in a succeeding Council Period, as provided in Rule 301. |
---|
3391 | 3391 | | 99 |
---|
3392 | 3392 | | |
---|
3393 | 3393 | | APPENDIX A. |
---|
3394 | 3394 | | TO: __________________ |
---|
3395 | 3395 | | __________________ |
---|
3396 | 3396 | | (Address) |
---|
3397 | 3397 | | PURSUANT TO D.C. Official Code § 1-204.13, YOU ARE COMMANDED TO APPEAR |
---|
3398 | 3398 | | before the (Council/Committee on) ___________, of the Council of the District of Columbia, at |
---|
3399 | 3399 | | ____(a.m./p.m.) on the day of ________, 20__, to testify before the Council/Committee |
---|
3400 | 3400 | | concerning: ___________________________________ and bring with |
---|
3401 | 3401 | | you:____________________________________. |
---|
3402 | 3402 | | ISSUED BY: __________________ ATTEST: _______________________ |
---|
3403 | 3403 | | Chairman/Member of the Secretary to the Council |
---|
3404 | 3404 | | Council of the District of Columbia (Seal of the District) |
---|
3405 | 3405 | | IMPORTANT: If you fail to appear at the time and place stated or to bring with you the |
---|
3406 | 3406 | | documents or items requested, the Council may refer the matter to the Superior Court of the |
---|
3407 | 3407 | | District of Columbia for an order compelling your attendance or the production of the documents |
---|
3408 | 3408 | | or items requested. |
---|
3409 | 3409 | | Failure to obey such an order may be punished as contempt of Court. DO NOT FAIL TO |
---|
3410 | 3410 | | APPEAR OR PRODUCE THE REQUESTED ITEMS AT THE REQUIRED TIME. |
---|
3411 | 3411 | | RETURN: |
---|
3412 | 3412 | | I, ___________ certify that I served a copy of this subpoena on the named party at |
---|
3413 | 3413 | | ______________ (address), on the _______ day of ________, 20__, at _______, (a.m./p.m.) |
---|
3414 | 3414 | | by the following means: |
---|
3415 | 3415 | | PROCESS SERVER: _________________________ |
---|
3416 | 3416 | | (Address) Washington, D.C. |
---|
3417 | 3417 | | |
---|
3418 | 3418 | | DISTRICT OF COLUMBIA: SS |
---|
3419 | 3419 | | SUBSCRIBED AND AFFIRMED TO ME BEFORE THIS __ DAY OF _____, 20__ |
---|
3420 | 3420 | | __________________________ |
---|
3421 | 3421 | | NOTARY PUBLIC, D.C. |
---|
3422 | 3422 | | MY COMMISSION EXPIRES: |
---|
3423 | 3423 | | 100 |
---|
3424 | 3424 | | |
---|
3425 | 3425 | | You may obtain a copy of the Rules of Ornization and Procedure for the Council of the |
---|
3426 | 3426 | | District of Columbia and the Resolution authorizing this investition from the Council’s |
---|
3427 | 3427 | | Legislative Services Division, John A. Wilson Building, Room 10, 1350 Pennsylvania Avenue, |
---|
3428 | 3428 | | N.W., Washington, D.C. 20004 |
---|
3429 | 3429 | | 1 |
---|
3430 | 3430 | | COUNCIL OF THE DISTRICT OF COLUMBIA |
---|
3431 | 3431 | | CODE OF OFFICIAL CONDUCT |
---|
3432 | 3432 | | COUNCIL PERIOD 26 |
---|
3433 | 3433 | | |
---|
3434 | 3434 | | TABLE OF CONTENTS |
---|
3435 | 3435 | | I. Conflicts of Interest ..........................................................................................................2 |
---|
3436 | 3436 | | II. Outside Activities ............................................................................................................6 |
---|
3437 | 3437 | | III. Gifts from Outside Sources ............................................................................................8 |
---|
3438 | 3438 | | IV. Conferences, Travel, and Receptions and Donations to the Council ..........................12 |
---|
3439 | 3439 | | V. Gifts Between Employees .............................................................................................15 |
---|
3440 | 3440 | | VI. Use of Government Resources ....................................................................................16 |
---|
3441 | 3441 | | VII. Use of Confidential Information ................................................................................18 |
---|
3442 | 3442 | | VIII. Post-Governmental Employment Conflicts of Interest .............................................19 |
---|
3443 | 3443 | | IX. Political Activities .......................................................................................................21 |
---|
3444 | 3444 | | X. Official Mail Rules ........................................................................................................23 |
---|
3445 | 3445 | | XI. Definitions, Financial Disclosures, and Ethics Counseling .........................................29 |
---|
3446 | 3446 | | XII. Decorum of Councilmembers ....................................................................................30 |
---|
3447 | 3447 | | |
---|
3448 | 3448 | | 2 |
---|
3449 | 3449 | | I. CONFLICTS OF INTEREST |
---|
3450 | 3450 | | (a) GENERALLY. No employee shall use his or her official position or title, or |
---|
3451 | 3451 | | personally and substantially participate, through decision, approval, disapproval, |
---|
3452 | 3452 | | recommendation, the rendering of advice, investigation, or otherwise, in a judicial |
---|
3453 | 3453 | | or other proceeding, application, request for a ruling or other determination, |
---|
3454 | 3454 | | contract, claim, controversy, charge, accusation, arrest, or other particular matter, |
---|
3455 | 3455 | | or attempt to influence the outcome of a particular matter, in a manner that the |
---|
3456 | 3456 | | employee knows is likely to have a direct and predictable effect on the employee’s |
---|
3457 | 3457 | | financial interests or the financial interests of a person closely affiliated with the |
---|
3458 | 3458 | | employee. |
---|
3459 | 3459 | | (b) WAIVERS. An employee other than a Councilmember may seek a waiver, and the |
---|
3460 | 3460 | | prohibition in subsection (a) of this section shall not apply, if the employee: |
---|
3461 | 3461 | | (1) Advises the employee’s supervisor and the Ethics Board of the nature and |
---|
3462 | 3462 | | circumstances of the particular matter; |
---|
3463 | 3463 | | (2) Makes full disclosure of the financial interest; and |
---|
3464 | 3464 | | (3) Receives in advance a written determination made by both the supervisor and |
---|
3465 | 3465 | | the Ethics Board that: |
---|
3466 | 3466 | | (A) The interest is not so substantial as to be deemed likely to affect the |
---|
3467 | 3467 | | integrity of the services that the government may expect from such |
---|
3468 | 3468 | | employee; or |
---|
3469 | 3469 | | (B) Another legally cognizable basis for waiver exists. |
---|
3470 | 3470 | | (c)(1) An employee other than a Councilmember who, in the discharge of the employee’s |
---|
3471 | 3471 | | official duties, would be required to act in any matter prohibited under subsection |
---|
3472 | 3472 | | (a) of this section shall make full disclosure of the financial interest and: |
---|
3473 | 3473 | | (A) Prepare a written statement describing the matter and the nature of the |
---|
3474 | 3474 | | potential conflict of interest; and |
---|
3475 | 3475 | | (B) Deliver the statement to the employee’s supervisor and to the Ethics |
---|
3476 | 3476 | | Board. |
---|
3477 | 3477 | | (2) Upon receipt of the statement provided in paragraph (1) of this subsection, |
---|
3478 | 3478 | | the employee’s supervisor shall assign the matter to another employee who |
---|
3479 | 3479 | | does not have a potential conflict of interest. |
---|
3480 | 3480 | | 3 |
---|
3481 | 3481 | | (d) RECUSAL STATEMENT. |
---|
3482 | 3482 | | (1) A Councilmember who, in the discharge of the Councilmember’s official |
---|
3483 | 3483 | | duties, would be required to act in any matter prohibited under subsection (a) of |
---|
3484 | 3484 | | this section shall make full disclosure of the financial interest, prepare a written |
---|
3485 | 3485 | | statement describing the matter and the nature of the potential conflict of interest, |
---|
3486 | 3486 | | and deliver the statement to the Council Chairman. |
---|
3487 | 3487 | | (2) During a proceeding in which a Councilmember would be required to take |
---|
3488 | 3488 | | action in any matter that is prohibited under subsection (a) of this section, the |
---|
3489 | 3489 | | Chairman shall: |
---|
3490 | 3490 | | (A) Read the statement provided in paragraph (1) of this subsection into the |
---|
3491 | 3491 | | record of proceedings; and |
---|
3492 | 3492 | | (B) Excuse the elected official from votes, deliberations, and other actions |
---|
3493 | 3493 | | on the matter. |
---|
3494 | 3494 | | (3) No Councilmember excused from votes, deliberations, or other actions on a |
---|
3495 | 3495 | | matter shall in any way participate in or attempt to influence the outcome of |
---|
3496 | 3496 | | the particular matter in a manner that is likely to have a direct and predictable |
---|
3497 | 3497 | | effect on the employee’s financial interests or the financial interests of a |
---|
3498 | 3498 | | person closely affiliated with the employee. |
---|
3499 | 3499 | | (e) SPECIFIC CONFLICT SITUATIONS. |
---|
3500 | 3500 | | (1) An employee shall not receive any compensation, salary, or contribution to |
---|
3501 | 3501 | | salary, gratuity, or any other thing of value from any source other than the |
---|
3502 | 3502 | | District government for the employee’s performance of official duties. |
---|
3503 | 3503 | | (2) No employee or member of the employee’s household may knowingly |
---|
3504 | 3504 | | acquire: |
---|
3505 | 3505 | | (A) Stocks, bonds, commodities, real estate, or other property, whether held |
---|
3506 | 3506 | | individually or jointly, the acquisition of which could unduly influence |
---|
3507 | 3507 | | or give the appearance of unduly influencing the employee in the |
---|
3508 | 3508 | | conduct of his or her official duties and responsibilities; or |
---|
3509 | 3509 | | (B) An interest in a business or commercial enterprise that is related |
---|
3510 | 3510 | | directly to the employee’s official duties, or which might otherwise be |
---|
3511 | 3511 | | involved in an official action taken or recommended by the employee, |
---|
3512 | 3512 | | 4 |
---|
3513 | 3513 | | or which is in any way related to matters over which the employee |
---|
3514 | 3514 | | could wield any influence, official or otherwise. |
---|
3515 | 3515 | | (f) DEFINITIONS. For the purposes of this Rule, the term: |
---|
3516 | 3516 | | (1) “Affiliated organization” means an organization or entity: |
---|
3517 | 3517 | | (A) In which the employee serves as officer, director, trustee, general |
---|
3518 | 3518 | | partner, or employee; |
---|
3519 | 3519 | | (B) In which the employee or member of the employee’s household is a |
---|
3520 | 3520 | | director, officer, owner, employee, or holder of stock worth $1,000 or |
---|
3521 | 3521 | | more at fair market value; |
---|
3522 | 3522 | | (C) That is a client of the employee or member of the employee’s |
---|
3523 | 3523 | | household; or |
---|
3524 | 3524 | | (D) With whom the employee is negotiating for or has an arrangement |
---|
3525 | 3525 | | concerning prospective employment. |
---|
3526 | 3526 | | (2) “Direct and predictable effect” means there is: |
---|
3527 | 3527 | | (A) A close causal link between any decision or action to be taken in the |
---|
3528 | 3528 | | matter and any expected effect of the matter on the financial interest; |
---|
3529 | 3529 | | and |
---|
3530 | 3530 | | (B) A real, as opposed to a speculative possibility, that the matter will |
---|
3531 | 3531 | | affect the financial interest. |
---|
3532 | 3532 | | (3) “Member of the employee’s household” means a person who resides in the |
---|
3533 | 3533 | | same household as the employee and is: |
---|
3534 | 3534 | | (A) A spouse or domestic partner of the employee; |
---|
3535 | 3535 | | (B) A parent, sibling, or child of the employee or of any person in |
---|
3536 | 3536 | | subparagraph (A) of this paragraph; or |
---|
3537 | 3537 | | (C) A spouse or domestic partner of any person in subparagraph (B) of this |
---|
3538 | 3538 | | paragraph. |
---|
3539 | 3539 | | (4) “Particular matter” is limited to deliberation, decision, or action that is |
---|
3540 | 3540 | | focused upon the interests of specific persons, or a discrete and identifiable |
---|
3541 | 3541 | | class of persons. |
---|
3542 | 3542 | | 5 |
---|
3543 | 3543 | | (5) “Person closely affiliated with the employee” means a spouse, dependent |
---|
3544 | 3544 | | child, general partner, a member of the employee’s household, or an affiliated |
---|
3545 | 3545 | | organization. |
---|
3546 | 3546 | | 6 |
---|
3547 | 3547 | | II. OUTSIDE ACTIVITIES |
---|
3548 | 3548 | | (a) GENERALLY. |
---|
3549 | 3549 | | (1) No employee shall engage in outside employment or private activity that |
---|
3550 | 3550 | | conflicts or would appear to conflict with the fair, impartial, and objective |
---|
3551 | 3551 | | performance of the employee’s official duties and responsibilities or with the |
---|
3552 | 3552 | | efficient operation of the Council. |
---|
3553 | 3553 | | (2) Before engaging in outside employment, an employee other than a |
---|
3554 | 3554 | | Councilmember shall obtain the approval of his or her supervisor. |
---|
3555 | 3555 | | (b) LIMITATIONS ON PERMISSIBLE ACTIVITIES. |
---|
3556 | 3556 | | (1) An employee may engage in outside employment or activities such as |
---|
3557 | 3557 | | teaching, writing for publication, consultative activities, and speaking |
---|
3558 | 3558 | | engagements if the activities are: |
---|
3559 | 3559 | | (A) Consistent with subsection (a) of this Rule; |
---|
3560 | 3560 | | (B) Not otherwise prohibited by law or regulation; and |
---|
3561 | 3561 | | (C) Conducted outside of regular working hours, while the employee is on |
---|
3562 | 3562 | | annual leave or leave without pay, or at a minimal level during work |
---|
3563 | 3563 | | hours in a manner that does not interfere with the employee’s official |
---|
3564 | 3564 | | duties. |
---|
3565 | 3565 | | (2) The information used by an employee engaging in outside employment or |
---|
3566 | 3566 | | activities shall not draw on official data or ideas that are not public |
---|
3567 | 3567 | | information, unless the employee has written authorization from the |
---|
3568 | 3568 | | employee’s supervisor to use such information. |
---|
3569 | 3569 | | (c) SPECIFIC RESTRICTION ON REPRESENTATION. |
---|
3570 | 3570 | | (1) Except as provided in paragraph (2) of this subsection, an employee shall not: |
---|
3571 | 3571 | | (A) Represent another person, have a financial interest, or provide |
---|
3572 | 3572 | | assistance in prosecuting a claim against the District of Columbia |
---|
3573 | 3573 | | before any regulatory agency or court of the District of Columbia; or |
---|
3574 | 3574 | | (B) Represent another person before any regulatory agency or court of the |
---|
3575 | 3575 | | District of Columbia in a matter in which the District of Columbia is a |
---|
3576 | 3576 | | party or has a direct and substantial interest. |
---|
3577 | 3577 | | 7 |
---|
3578 | 3578 | | (2) The prohibition in paragraph (1) of this subsection shall not apply to an |
---|
3579 | 3579 | | employee, who, if not inconsistent with the faithful performance of the |
---|
3580 | 3580 | | employee’s duties, and acting without compensation, represents: |
---|
3581 | 3581 | | (A) A person who is the subject of disciplinary or other personnel |
---|
3582 | 3582 | | administration proceedings in connection with those proceedings; or |
---|
3583 | 3583 | | (B) A nonprofit cooperative, voluntary, professional, recreational, or |
---|
3584 | 3584 | | similar organization or group, if a majority of the organization’s or |
---|
3585 | 3585 | | group’s members are current officers or employees of the United States |
---|
3586 | 3586 | | government or of the District of Columbia government, or their spouses |
---|
3587 | 3587 | | or dependent children; provided, that this exception shall not apply to |
---|
3588 | 3588 | | any matter that: |
---|
3589 | 3589 | | (i) Is a claim under paragraph (1)(A) of this subsection; |
---|
3590 | 3590 | | (ii) Is a judicial or administrative proceeding where the |
---|
3591 | 3591 | | organization or group is a party; or |
---|
3592 | 3592 | | (iii) Involves a grant, contract, or other agreement (including a |
---|
3593 | 3593 | | request for any such grant, contract, or agreement) providing for |
---|
3594 | 3594 | | the disbursement of federal funds to the organization or group. |
---|
3595 | 3595 | | 8 |
---|
3596 | 3596 | | III. GIFTS FROM OUTSIDE SOURCES |
---|
3597 | 3597 | | (a) Except as provided in subsection (c) of this Rule and Rule IV, an employee shall |
---|
3598 | 3598 | | not solicit or accept, either directly or indirectly, any gift from a prohibited source. |
---|
3599 | 3599 | | (b) An employee who receives a gift from a prohibited source shall: |
---|
3600 | 3600 | | (1) Return the gift to the donor; |
---|
3601 | 3601 | | (2) Reimburse the donor the market value of the gift; or |
---|
3602 | 3602 | | (3) If the gift is perishable and it would not be practical to return it to the donor, |
---|
3603 | 3603 | | donate the gift to charity, share it with the office staff, or destroy it. |
---|
3604 | 3604 | | (c) Notwithstanding subsection (a) of this Rule, an employee may accept the following |
---|
3605 | 3605 | | gifts: |
---|
3606 | 3606 | | (1) Greeting cards and items with little intrinsic value, such as plaques, |
---|
3607 | 3607 | | certificates, and trophies, which are intended solely for presentation; |
---|
3608 | 3608 | | (2) Loans from banks and other financial institutions on terms generally |
---|
3609 | 3609 | | available to the public; |
---|
3610 | 3610 | | (3) Rewards and prizes given to competitors in contests or events, including |
---|
3611 | 3611 | | random drawings, open to the public; |
---|
3612 | 3612 | | (4) Opportunities and benefits, including favorable rates and commercial |
---|
3613 | 3613 | | discounts: |
---|
3614 | 3614 | | (A) Available to the public or to a class consisting of all District |
---|
3615 | 3615 | | employees; |
---|
3616 | 3616 | | (B) Offered to members of a group or class in which membership is |
---|
3617 | 3617 | | unrelated to District employment; or |
---|
3618 | 3618 | | (C) Offered to members of an organization, such as an employees’ |
---|
3619 | 3619 | | association or agency credit union, in which membership is related to |
---|
3620 | 3620 | | District employment if the same offer is broadly available to large |
---|
3621 | 3621 | | segments of the public through organizations of similar size; |
---|
3622 | 3622 | | (5) Pension and benefits resulting from continued participation in an employee |
---|
3623 | 3623 | | welfare and benefits plan maintained by a former employer; |
---|
3624 | 3624 | | (6) Anything that is paid for by the Council or the District or the employee or |
---|
3625 | 3625 | | secured by the Council or the District under contract; |
---|
3626 | 3626 | | 9 |
---|
3627 | 3627 | | (7)(A) Unsolicited gifts having an aggregate market value of $50 or less per source |
---|
3628 | 3628 | | per occasion; provided, that the aggregate market value of individual gifts |
---|
3629 | 3629 | | received from any prohibited source under the authority of this paragraph |
---|
3630 | 3630 | | shall not exceed $100 in a calendar year; |
---|
3631 | 3631 | | (B) When the market value of a gift or the aggregate market value of gifts |
---|
3632 | 3632 | | offered on any single occasion under this paragraph exceeds $50, the |
---|
3633 | 3633 | | employee may not pay excess value over $50 in order to accept that |
---|
3634 | 3634 | | portion of the gift or those gifts worth $50; |
---|
3635 | 3635 | | (C) When the aggregate value of tangible items offered on a single |
---|
3636 | 3636 | | occasion exceeds $50, the employee may decline any distinct and |
---|
3637 | 3637 | | separate item in order to accept those items aggregating $50 or less; |
---|
3638 | 3638 | | and |
---|
3639 | 3639 | | (D) This paragraph shall not apply to gifts of cash, stock, bonds, or |
---|
3640 | 3640 | | certificates of deposit; |
---|
3641 | 3641 | | (8) Gifts given to an employee under circumstances that make it clear that the |
---|
3642 | 3642 | | gift is motivated by a family relationship or personal friendship rather than |
---|
3643 | 3643 | | the position of the employee. Relevant factors in making such a |
---|
3644 | 3644 | | determination include the history of the relationship and whether the family |
---|
3645 | 3645 | | member or friend personally pays for the gift; |
---|
3646 | 3646 | | (9) Reduced membership or other fees for participation in organization activities |
---|
3647 | 3647 | | offered to all District employees by professional organizations if the only |
---|
3648 | 3648 | | restrictions on membership relate to professional qualifications; or |
---|
3649 | 3649 | | (10) Gifts approved in advance by the employee’s supervising Councilmember in |
---|
3650 | 3650 | | exceptional circumstances that are disclosed on Sterling and posted on the |
---|
3651 | 3651 | | Council’s website. |
---|
3652 | 3652 | | (d) A gift that is solicited or accepted indirectly includes a gift given: |
---|
3653 | 3653 | | (1) With the employee’s knowledge and acquiescence to his parent, sibling, |
---|
3654 | 3654 | | spouse, domestic partner, child, or dependent relative because of that |
---|
3655 | 3655 | | person’s relationship to the employee; or |
---|
3656 | 3656 | | (2) To any other person, including any charitable organization, on the basis of |
---|
3657 | 3657 | | designation, recommendation, or other specification by the employee, except |
---|
3658 | 3658 | | 10 |
---|
3659 | 3659 | | as permitted for the disposition of perishable items under subsection (b)(3) of |
---|
3660 | 3660 | | this Rule. |
---|
3661 | 3661 | | (e) SPECIFIC GIFT RESTRICTIONS. Except as provided in Rule IV, no employee shall: |
---|
3662 | 3662 | | (1) Solicit or accept anything of value from a registered lobbyist that is given for |
---|
3663 | 3663 | | the purpose of influencing the actions of the employee in making or |
---|
3664 | 3664 | | influencing the making of an administrative decision or legislative action or |
---|
3665 | 3665 | | (2) Directly or indirectly demand, seek, receive, accept, or agree to receive or |
---|
3666 | 3666 | | accept anything of value personally or for any other person or entity, in return |
---|
3667 | 3667 | | for: |
---|
3668 | 3668 | | (A) Any official act performed or to be performed by the employee; |
---|
3669 | 3669 | | (B) Being influenced in the performance of any official act; |
---|
3670 | 3670 | | (C) Being influenced to commit or aid in committing, or to collude in, |
---|
3671 | 3671 | | or allow, any fraud, or make opportunity for the commission of any |
---|
3672 | 3672 | | fraud, on the District of Columbia; or |
---|
3673 | 3673 | | (D) Being induced to do or omit to do any act in violation of the |
---|
3674 | 3674 | | employee’s official duty. |
---|
3675 | 3675 | | (f) GOVERNMENT RESOURCES AVAILABLE TO THE PUBLIC. Employees are not |
---|
3676 | 3676 | | prohibited from accepting any material, article, or service that is available as part of any |
---|
3677 | 3677 | | District government program or provided free to District residents or visitors. |
---|
3678 | 3678 | | (g) DEFINITIONS. For the purposes of this Rule, the term: |
---|
3679 | 3679 | | (1) “Gift” means any gratuity, favor, discount, entertainment, hospitality, loan, |
---|
3680 | 3680 | | forbearance, or other item having monetary value. Gifts may also consist of |
---|
3681 | 3681 | | training, transportation, local travel, lodgings and meals, whether provided |
---|
3682 | 3682 | | in-kind, by purchase of a ticket, payment in advance, or reimbursement after |
---|
3683 | 3683 | | the expense has incurred. |
---|
3684 | 3684 | | (2) “Prohibited source” means any person or entity that: |
---|
3685 | 3685 | | (A) Has or is seeking to obtain contractual or other business or financial |
---|
3686 | 3686 | | relations with the District government; |
---|
3687 | 3687 | | (B) Conducts operations or activities that are subject to regulation by the |
---|
3688 | 3688 | | District government; or |
---|
3689 | 3689 | | 11 |
---|
3690 | 3690 | | (C) Has an interest that may be favorably affected by the performance or |
---|
3691 | 3691 | | non-performance of the employee’s official responsibilities. |
---|
3692 | 3692 | | 12 |
---|
3693 | 3693 | | IV. CONFERENCES, TRAVEL, AND RECEPTIONS AND |
---|
3694 | 3694 | | DONATIONS TO THE COUNCIL |
---|
3695 | 3695 | | (a) CONFERENCES AND TRAVEL. |
---|
3696 | 3696 | | (1) Employees may accept reasonable expenses for food, travel, lodging, and |
---|
3697 | 3697 | | scheduled entertainment to attend a meeting, conference, or to participate in |
---|
3698 | 3698 | | educational travel, if: |
---|
3699 | 3699 | | (A) The donor is neither a registered lobbyist nor a prohibited source; |
---|
3700 | 3700 | | (B) The meeting or conference is an organized event; |
---|
3701 | 3701 | | (C) The topics or subjects are related to official Council business; |
---|
3702 | 3702 | | (D) The event is widely attended by a range of attendees other than District |
---|
3703 | 3703 | | employees; and |
---|
3704 | 3704 | | (E) Other attendees are treated similarly in terms of the food, travel, |
---|
3705 | 3705 | | lodging, and entertainment expenses that they are offered. |
---|
3706 | 3706 | | (2) Spouses and domestic partners of employees may share lodging with the |
---|
3707 | 3707 | | employee who is attending an event under this subsection; however, the |
---|
3708 | 3708 | | spouse or domestic partner may not accept food, travel, or entertainment |
---|
3709 | 3709 | | expenses unless the spouse or domestic partner pays market value for the |
---|
3710 | 3710 | | same. |
---|
3711 | 3711 | | (3) Employees are encouraged to submit a copy of the itinerary of the meeting, |
---|
3712 | 3712 | | conference, or educational travel in advance to the General Counsel for |
---|
3713 | 3713 | | review. |
---|
3714 | 3714 | | (b) WIDELY ATTENDED EVENTS. |
---|
3715 | 3715 | | (1) An employee may accept: |
---|
3716 | 3716 | | (A) An offer of free attendance at a convention, conference, symposium, |
---|
3717 | 3717 | | forum, panel discussion, dinner, gala, viewing, reception, or similar |
---|
3718 | 3718 | | event; provided, that: |
---|
3719 | 3719 | | |
---|
3720 | 3720 | | (i) At least 25 persons from outside the District government are |
---|
3721 | 3721 | | expected to be in attendance; |
---|
3722 | 3722 | | 13 |
---|
3723 | 3723 | | (ii) Attendance at the event is open to members from throughout a |
---|
3724 | 3724 | | given industry or profession, or to a range of persons interested in |
---|
3725 | 3725 | | an issue; and |
---|
3726 | 3726 | | (iii) Attendance is connected to the attendee’s official Council duties. |
---|
3727 | 3727 | | (B) Free attendance for one accompanying individual to the event described |
---|
3728 | 3728 | | in subparagraph (A) of this paragraph; and |
---|
3729 | 3729 | | (C) A meal that is offered to all attendees as part of the event described in |
---|
3730 | 3730 | | subparagraph (A) of this paragraph. |
---|
3731 | 3731 | | (2) For the purposes of this subsection, the term "connected to the attendee's |
---|
3732 | 3732 | | official Council duties" includes participation in the event as a speaker or a |
---|
3733 | 3733 | | panel participant, presenting information related to the Council or matters |
---|
3734 | 3734 | | before the Council, performing a ceremonial function appropriate to the |
---|
3735 | 3735 | | official position of such individual, or attending when otherwise appropriate |
---|
3736 | 3736 | | to the representative function of the Council. |
---|
3737 | 3737 | | (c) GIFT BAGS. An employee may not accept a gift bag for an event under subsection |
---|
3738 | 3738 | | (a) or (b) of this Rule if the organizing event sponsor is a prohibited source, unless |
---|
3739 | 3739 | | the contents of the bag meet the requirements under Rule III. |
---|
3740 | 3740 | | (d) DONATIONS TO THE COUNCIL. |
---|
3741 | 3741 | | (1) An employee may solicit or accept, pursuant to D.C. Official Code § 1- |
---|
3742 | 3742 | | 329.01(a), a thing of a value as a donation made to the Council to carry out |
---|
3743 | 3743 | | authorized functions or duties of the Council. Donations are considered |
---|
3744 | 3744 | | Council property and may not be used for unauthorized purposes. |
---|
3745 | 3745 | | (2)(A) Recognition of Donors. Donors may be recognized for their donations |
---|
3746 | 3746 | | through letters of acceptance and appreciation, press releases, certificates, |
---|
3747 | 3747 | | and other items that commemorate the donation. |
---|
3748 | 3748 | | (B) Recognition of corporate donations must not give the impression of |
---|
3749 | 3749 | | advertising or commercialization. A short, discreet unobtrusive donor |
---|
3750 | 3750 | | credit line may be used as recognition, but no product names or logos |
---|
3751 | 3751 | | may be used. |
---|
3752 | 3752 | | (e) DISCLOSURE. |
---|
3753 | 3753 | | (1) An employee accepting a thing of value under this rule shall disclose the |
---|
3754 | 3754 | | acceptance in accordance with paragraph (2) of this subsection. |
---|
3755 | 3755 | | 14 |
---|
3756 | 3756 | | (2)(A) An employee accepting a thing of value under this rule shall, by the last |
---|
3757 | 3757 | | business day of the month, disclose on Sterling a list of the following for each |
---|
3758 | 3758 | | event and thing of value: |
---|
3759 | 3759 | | (i) Donor; |
---|
3760 | 3760 | | (ii) Date; and |
---|
3761 | 3761 | | (iii) Estimated value. |
---|
3762 | 3762 | | (B) Disclosures filed pursuant to this subsection shall be published on the |
---|
3763 | 3763 | | Council's website on the first Friday in the first full week of each |
---|
3764 | 3764 | | month or, if the Friday is a holiday, the next business day. |
---|
3765 | 3765 | | (C) Councilmembers who do not attend a qualifying event or accept a |
---|
3766 | 3766 | | donation during the reporting period shall file a report indicating that |
---|
3767 | 3767 | | nothing of value was accepted during the period. |
---|
3768 | 3768 | | (3) For the purposes of this subsection, the term "thing of value" shall not |
---|
3769 | 3769 | | include an offer of free attendance to an event if the employee does not attend |
---|
3770 | 3770 | | the event. |
---|
3771 | 3771 | | 15 |
---|
3772 | 3772 | | V. GIFTS BETWEEN EMPLOYEES |
---|
3773 | 3773 | | (a) Except as provided in subsections (c) and (d) of this Rule, an employee may not: |
---|
3774 | 3774 | | (1) Directly or indirectly, give a gift to or make a donation toward a gift for an |
---|
3775 | 3775 | | official superior; or |
---|
3776 | 3776 | | (2) Solicit a contribution from another employee for a gift to either the |
---|
3777 | 3777 | | employee’s official superior or the other employee’s official superior. |
---|
3778 | 3778 | | (b) An employee may not accept a gift, directly or indirectly, from an employee |
---|
3779 | 3779 | | receiving less pay unless: |
---|
3780 | 3780 | | (1) The 2 employees are not in a subordinate-official superior relationship; and |
---|
3781 | 3781 | | (2) There is a personal relationship between the 2 employees that would justify |
---|
3782 | 3782 | | the gift. |
---|
3783 | 3783 | | (c) On an occasional basis, including any occasion on which gifts are traditionally |
---|
3784 | 3784 | | given or exchanged, the following may be given to an official superior or accepted |
---|
3785 | 3785 | | from a subordinate or other employee receiving less pay: |
---|
3786 | 3786 | | (1) Items, other than cash, with an aggregate market value of $50 or less per |
---|
3787 | 3787 | | occasion; |
---|
3788 | 3788 | | (2) Items such as food and refreshments to be shared in the office among several |
---|
3789 | 3789 | | employees; |
---|
3790 | 3790 | | (3) Personal hospitality provided at a residence that is of a type and value |
---|
3791 | 3791 | | customarily provided by the employee to personal friends; or |
---|
3792 | 3792 | | (4) Items given in connection with the receipt of personal hospitality if of a type |
---|
3793 | 3793 | | and value customarily given on such occasions. |
---|
3794 | 3794 | | (d) A gift appropriate to the occasion may be given to an official superior or accepted |
---|
3795 | 3795 | | from a subordinate or other employee receiving less pay: |
---|
3796 | 3796 | | (1) In recognition of special occasions of personal significance such as marriage, |
---|
3797 | 3797 | | illness, or the birth or adoption of a child; or |
---|
3798 | 3798 | | (2) Upon occasions that terminate a subordinate-official superior relationship, |
---|
3799 | 3799 | | such as retirement, resignation, or transfer. |
---|
3800 | 3800 | | 16 |
---|
3801 | 3801 | | VI. USE OF GOVERNMENT RESOURCES |
---|
3802 | 3802 | | (a) GENERALLY. Employees shall not: |
---|
3803 | 3803 | | (1) Use Council time or government resources for purposes other than official |
---|
3804 | 3804 | | business or other government-approved or government-sponsored activities, |
---|
3805 | 3805 | | with the exception of de minimis use that does not interfere with an |
---|
3806 | 3806 | | employee’s official duties and responsibilities, including the incidental use of |
---|
3807 | 3807 | | Council time or resources for purposes of scheduling; |
---|
3808 | 3808 | | (2) Order, direct, or request an employee to perform, during regular working |
---|
3809 | 3809 | | hours, any personal services not related to official Council functions and |
---|
3810 | 3810 | | activities, with the exception of incidental use of Council time or resources |
---|
3811 | 3811 | | for purposes of scheduling; or |
---|
3812 | 3812 | | (3) Use or permit the use of government resources to support or oppose any |
---|
3813 | 3813 | | candidate for elected office, to promote a political committee, or to support or |
---|
3814 | 3814 | | oppose any initiative, referendum, or recall measure. |
---|
3815 | 3815 | | (b) PRESTIGE OF OFFICE. |
---|
3816 | 3816 | | (1) An employee may not knowingly use the prestige of office or public position |
---|
3817 | 3817 | | for that employee’s private gain or that of another. |
---|
3818 | 3818 | | (2) The performance of usual and customary constituent services, without |
---|
3819 | 3819 | | additional compensation, is not prohibited under paragraph (1) of this |
---|
3820 | 3820 | | subsection. |
---|
3821 | 3821 | | (3) Council employees shall not use or permit the use of their position or title or |
---|
3822 | 3822 | | any authority associated with their public office in a manner that could |
---|
3823 | 3823 | | reasonably be construed to imply that the Council sanctions or endorses the |
---|
3824 | 3824 | | personal or business activities of another, unless the Council has officially |
---|
3825 | 3825 | | sanctioned or endorsed the activities. |
---|
3826 | 3826 | | (4) A Councilmember may serve as an honorary chair or honorary member, or |
---|
3827 | 3827 | | speak or appear at of a nonprofit entity’s fundraising event, so long as the |
---|
3828 | 3828 | | entity for which funds are raised supports a nongovernmental bona fide |
---|
3829 | 3829 | | charitable activity. Use of the Councilmember’s name or title in fundraising |
---|
3830 | 3830 | | solicitations or announcements of general circulation shall be in accordance |
---|
3831 | 3831 | | with such terms and limitations as the Councilmember may prescribe. The |
---|
3832 | 3832 | | authority granted by this paragraph shall not extend to the use of the |
---|
3833 | 3833 | | 17 |
---|
3834 | 3834 | | Councilmember’s name or title in solicitations made by or on behalf of the |
---|
3835 | 3835 | | Councilmember directly to individual contributors. |
---|
3836 | 3836 | | (c) SPECIAL RULES FOR LETTERS OF RECOMMENDATION. |
---|
3837 | 3837 | | (1) Employees may sign a letter of recommendation using their official titles only |
---|
3838 | 3838 | | in response to a request for an employment recommendation or character |
---|
3839 | 3839 | | reference based upon personal knowledge of the ability or character of an |
---|
3840 | 3840 | | individual or entity with whom they have dealt in the course of their Council |
---|
3841 | 3841 | | employment. |
---|
3842 | 3842 | | (2) Letters of recommendation may be written on Council letterhead if the |
---|
3843 | 3843 | | applicant is a current or former Council employee or has worked with the |
---|
3844 | 3844 | | Council in an official capacity and the letter relates to the duties performed |
---|
3845 | 3845 | | by the applicant. |
---|
3846 | 3846 | | (3) If an employee does not have personal knowledge of an individual or entity’s |
---|
3847 | 3847 | | work ability or performance, the employee may sign a letter of |
---|
3848 | 3848 | | recommendation on Council letterhead addressing only the character or |
---|
3849 | 3849 | | residence of the individual or entity requesting the letter. |
---|
3850 | 3850 | | (d) DEFINITIONS. For the purposes of this Rule, the term: |
---|
3851 | 3851 | | (1) “Government Resources” means any property, equipment, or material of any |
---|
3852 | 3852 | | kind, including that acquired through lease, and the personal services of an |
---|
3853 | 3853 | | employee during his or her hours of work. |
---|
3854 | 3854 | | (2) “Usual and customary constituent services” includes an employee’s |
---|
3855 | 3855 | | representational activities, such as advocacy, communications, inquiry, |
---|
3856 | 3856 | | oversight, and other actions, made on another person’s behalf; provided, that |
---|
3857 | 3857 | | the employee does not, directly or indirectly: |
---|
3858 | 3858 | | (A) Threaten reprisal or promise favoritism for the performance or |
---|
3859 | 3859 | | nonperformance of another person’s duties; or |
---|
3860 | 3860 | | (B) Request that another person abuse or exceed the discretion available to |
---|
3861 | 3861 | | that person under law. |
---|
3862 | 3862 | | 18 |
---|
3863 | 3863 | | VII. USE OF CONFIDENTIAL INFORMATION |
---|
3864 | 3864 | | Employees and former employees may not: |
---|
3865 | 3865 | | (1) Willfully or knowingly disclose or use confidential or privileged information |
---|
3866 | 3866 | | acquired by reason of their position without authorization or unless authorized or |
---|
3867 | 3867 | | required by law to do so; or |
---|
3868 | 3868 | | (2) Divulge information in advance of the time prescribed for its authorized issuance or |
---|
3869 | 3869 | | otherwise make use of or permit others to make use of information not available to |
---|
3870 | 3870 | | the general public. |
---|
3871 | 3871 | | 19 |
---|
3872 | 3872 | | VIII. POST-GOVERNMENTAL EMPLOYMENT CONFLICTS |
---|
3873 | 3873 | | OF INTEREST |
---|
3874 | 3874 | | (a) PERMANENT RESTRICTIONS ON REPRESENTATION ON PARTICULAR MATTERS . No |
---|
3875 | 3875 | | employee, after the termination of his or her service or employment with the |
---|
3876 | 3876 | | Council, shall knowingly make, with the intent to influence, any communication to |
---|
3877 | 3877 | | or appearance before any officer or employee of any department, agency, court, or |
---|
3878 | 3878 | | court-martial of the District of Columbia, on behalf of any other person (except the |
---|
3879 | 3879 | | District of Columbia) in connection with a particular matter: |
---|
3880 | 3880 | | (1) In which the District of Columbia is a party or has a direct and substantial |
---|
3881 | 3881 | | interest; |
---|
3882 | 3882 | | (2) In which the person participated personally and substantially as such officer |
---|
3883 | 3883 | | or employee; and |
---|
3884 | 3884 | | (3) Which involved a specific party or specific parties at the time of such |
---|
3885 | 3885 | | participation. |
---|
3886 | 3886 | | (b) TWO-YEAR RESTRICTIONS CONCERNING PARTICULAR MATTERS UNDER OFFICIAL |
---|
3887 | 3887 | | RESPONSIBILITY. No employee shall, within 2 years after the termination of his or |
---|
3888 | 3888 | | her service or employment with the Council, knowingly make, with the intent to |
---|
3889 | 3889 | | influence, any communication to or appearance before any officer or employee of |
---|
3890 | 3890 | | any department, agency, court, or court-martial of the Council, on behalf of any |
---|
3891 | 3891 | | other person (except the District of Columbia), in connection with a particular |
---|
3892 | 3892 | | matter: |
---|
3893 | 3893 | | (1) In which the District of Columbia is a party or has a direct and substantial |
---|
3894 | 3894 | | interest; |
---|
3895 | 3895 | | (2) Which the person knows or reasonably should know was actually pending |
---|
3896 | 3896 | | under his or her official responsibility as such officer or employee within a |
---|
3897 | 3897 | | period of one year before the termination of his or her service or employment |
---|
3898 | 3898 | | with the Council; and |
---|
3899 | 3899 | | (3) Which involved a specific party or specific parties at the time it was pending. |
---|
3900 | 3900 | | |
---|
3901 | 3901 | | (c) SPECIAL RULES FOR FORMER COUNCIL EMPLOYEES. A former Council employee |
---|
3902 | 3902 | | shall not, within one year after leaving government service or employment, |
---|
3903 | 3903 | | knowingly make, with the intent to influence, any communication to or appearance |
---|
3904 | 3904 | | 20 |
---|
3905 | 3905 | | before the Councilmember for whom the employee worked or any former |
---|
3906 | 3906 | | subordinate employee, on behalf of any other person, other than the District of |
---|
3907 | 3907 | | Columbia, in connection with any matter on which the former employee seeks |
---|
3908 | 3908 | | action by a Councilmember or Council employee in his or her official capacity. |
---|
3909 | 3909 | | (d)(1) EXCEPTIONS. The prohibitions contained in this Rule shall not apply to acts done in |
---|
3910 | 3910 | | carrying out official duties on behalf of: |
---|
3911 | 3911 | | (A) The United States or the District of Columbia, as an elected official of a |
---|
3912 | 3912 | | state or local government; |
---|
3913 | 3913 | | (B) An agency or instrumentality of a state or local government if the |
---|
3914 | 3914 | | appearance, communication, or representation is on behalf of such |
---|
3915 | 3915 | | government; or |
---|
3916 | 3916 | | (C) An accredited, degree-granting institution of higher education, as |
---|
3917 | 3917 | | defined in the Higher Education Act of 1965, approved November 8, |
---|
3918 | 3918 | | 1965 (79 Stat. 1219; 20 U.S.C. § 1001), or a hospital or medical |
---|
3919 | 3919 | | research organization, exempted and defined under section 501(c)(3) of |
---|
3920 | 3920 | | the Internal Revenue Code of 1986, if the appearance, communication, |
---|
3921 | 3921 | | or representation is on behalf of such institution, hospital, or |
---|
3922 | 3922 | | organization. |
---|
3923 | 3923 | | (2) Nothing in this Rule shall prevent an individual from giving testimony under |
---|
3924 | 3924 | | oath, or from making statements required to be made under penalty of |
---|
3925 | 3925 | | perjury. Notwithstanding the preceding sentence, a former employee of the |
---|
3926 | 3926 | | Council who is subject to the restrictions in subsection (a) of this Rule with |
---|
3927 | 3927 | | respect to a particular matter may not, except pursuant to court order, serve as |
---|
3928 | 3928 | | an expert witness for any other person, other than the District of Columbia, in |
---|
3929 | 3929 | | that matter. |
---|
3930 | 3930 | | 21 |
---|
3931 | 3931 | | IX. POLITICAL ACTIVITIES |
---|
3932 | 3932 | | (a) PROHIBITIONS. No Council employee shall: |
---|
3933 | 3933 | | (1) Use his or her official authority or influence for the purpose of interfering |
---|
3934 | 3934 | | with or affecting the result of an election or a nomination for office; |
---|
3935 | 3935 | | (2) Directly or indirectly solicit, accept, or receive a political contribution from |
---|
3936 | 3936 | | any person, except if the employee has filed as a candidate for political |
---|
3937 | 3937 | | office; |
---|
3938 | 3938 | | (3) Run for nomination or as a candidate for election to a partisan political office; |
---|
3939 | 3939 | | (4) Knowingly solicit or discourage the participation in any political activity of |
---|
3940 | 3940 | | any person who: |
---|
3941 | 3941 | | (A) Has a measure pending before the Council; or |
---|
3942 | 3942 | | (B) Is the subject of or a participant in an ongoing audit, investigation, or |
---|
3943 | 3943 | | enforcement action being carried out by the Council; or |
---|
3944 | 3944 | | (5) Knowingly direct, or authorize anyone else to direct, that any subordinate |
---|
3945 | 3945 | | employee participate in an election campaign or request a subordinate to |
---|
3946 | 3946 | | make a political contribution. |
---|
3947 | 3947 | | (b) No Council employee shall: |
---|
3948 | 3948 | | (1) Engage in political activity: |
---|
3949 | 3949 | | (A) While the employee is on duty; |
---|
3950 | 3950 | | (B) In any room or building occupied in the discharge of official duties by |
---|
3951 | 3951 | | an individual employed or holding office in the District government or |
---|
3952 | 3952 | | in the Government of the United States or any agency or |
---|
3953 | 3953 | | instrumentality thereof; |
---|
3954 | 3954 | | (C) While wearing a uniform or official insignia identifying the office or |
---|
3955 | 3955 | | position of the employee; or |
---|
3956 | 3956 | | (D) Using any vehicle owned or leased by the District government or the |
---|
3957 | 3957 | | Government of the United States or any agency or instrumentality |
---|
3958 | 3958 | | thereof; or |
---|
3959 | 3959 | | (2) Coerce, explicitly or implicitly, any subordinate employee to engage in |
---|
3960 | 3960 | | political activity. |
---|
3961 | 3961 | | 22 |
---|
3962 | 3962 | | (c) DESIGNATED EMPLOYEES. Each member of the Council may designate one |
---|
3963 | 3963 | | employee while on annual or unpaid leave to perform any of the functions |
---|
3964 | 3964 | | described in subsection (a)(2) of this Rule; provided, that: |
---|
3965 | 3965 | | (1) The employee shall not perform the functions in the circumstances |
---|
3966 | 3966 | | described in subsection (b) of this Rule; |
---|
3967 | 3967 | | (2) The employee may only perform the functions for a principal campaign |
---|
3968 | 3968 | | committee, exploratory committee, or transition committee; |
---|
3969 | 3969 | | (3) Any designation pursuant to this subsection shall be made in writing by the |
---|
3970 | 3970 | | member of the Council to the Secretary to the Council; and |
---|
3971 | 3971 | | (4) Any designated employee shall file a report, in a form as prescribed by the |
---|
3972 | 3972 | | Ethics Board, with the Ethics Board within 15 days after being designated. |
---|
3973 | 3973 | | (d) DEFINITIONS. For the purposes of this Rule, the term: |
---|
3974 | 3974 | | (1) “Employee” shall not include members of the Council. |
---|
3975 | 3975 | | (2) “Political activity” means an activity that is regulated by the District directed |
---|
3976 | 3976 | | toward the success or failure of a political party, candidate for partisan |
---|
3977 | 3977 | | political office, partisan political group initiative, referendum, or recall. For |
---|
3978 | 3978 | | the purposes of subsection (b) of this Rule, political activity is not limited to |
---|
3979 | 3979 | | activities regulated by the District. |
---|
3980 | 3980 | | (e) CONSTRUCTION. Nothing in this rule should be construed as prohibiting a Council |
---|
3981 | 3981 | | employee from taking an active part in political management or in political |
---|
3982 | 3982 | | campaigns unless the employee’s activity violates subsection (a) or subsection (b) |
---|
3983 | 3983 | | of this Rule. |
---|
3984 | 3984 | | 23 |
---|
3985 | 3985 | | X. OFFICIAL MAIL RULES |
---|
3986 | 3986 | | (a) DEFINITIONS. For the purposes of this rule, the term: |
---|
3987 | 3987 | | (1) “Electronic newsletter” means more than 500 substantially identical |
---|
3988 | 3988 | | newsletters or similar types of materials, transmitted through the internet at |
---|
3989 | 3989 | | public expense, during any 30-day period related to a Councilmember’s |
---|
3990 | 3990 | | activities, including such matters as the impact of laws and decisions on the |
---|
3991 | 3991 | | government and its citizens, reports on public and official action taken by a |
---|
3992 | 3992 | | Councilmember, and discussions of proposed or pending legislation or |
---|
3993 | 3993 | | governmental action. |
---|
3994 | 3994 | | (2) “Mass mailing” means more than 100 substantially identical newsletters or |
---|
3995 | 3995 | | similar types of material, transmitted through the mails, during any 30-day |
---|
3996 | 3996 | | period, but shall not include a response to a communication initiated by a |
---|
3997 | 3997 | | constituent. |
---|
3998 | 3998 | | (3) “Newsletter” means the usual and customary correspondence that deals with |
---|
3999 | 3999 | | such matters as the impact of laws and decisions on the government and its |
---|
4000 | 4000 | | citizens, reports on public and official action taken by a Councilmember, and |
---|
4001 | 4001 | | discussions of proposed or pending legislation or governmental action. The |
---|
4002 | 4002 | | term “newsletter” includes a news release. |
---|
4003 | 4003 | | (4) “Official mail” means correspondence, including newsletters or similar types |
---|
4004 | 4004 | | of materials, suitable to be mailed at public expense that pertains directly or |
---|
4005 | 4005 | | indirectly to the legislative process or to a Council legislative function, |
---|
4006 | 4006 | | including any matter related to a past or current Council, the performance of |
---|
4007 | 4007 | | official duties by a Councilmember in connection with a Council function, or |
---|
4008 | 4008 | | other related matters of public concern or public service. |
---|
4009 | 4009 | | (b) PERMITTED CATEGORIES OF OFFICIAL MAIL. Except as otherwise provided in this |
---|
4010 | 4010 | | Rule, an employee may not mail, as official mail, any matter, article, material, or |
---|
4011 | 4011 | | document for any reason other than the following: |
---|
4012 | 4012 | | (1) A request for a matter, article, material, or document that has been previously |
---|
4013 | 4013 | | received by the Council; |
---|
4014 | 4014 | | (2) The mailing of the document is required by law; |
---|
4015 | 4015 | | (3) The material or matter requests information pertinent to the conduct of the |
---|
4016 | 4016 | | official business of the Council; |
---|
4017 | 4017 | | 24 |
---|
4018 | 4018 | | (4) The material contains information relating to the activities of the Council or |
---|
4019 | 4019 | | to the availability of Council publications or other documents; |
---|
4020 | 4020 | | (5) The enclosures are forms, blanks, cards, or other documents necessary or |
---|
4021 | 4021 | | beneficial to the administration of the Council; |
---|
4022 | 4022 | | (6) The materials are copies of federal, state, or local laws, rules, regulations, |
---|
4023 | 4023 | | orders, instructions, or interpretations thereof; or |
---|
4024 | 4024 | | (7) The materials are being mailed to federal, state, or other public authorities. |
---|
4025 | 4025 | | (c) OFFICIALLY MARKED ENVELOPES . An envelope or other material that is used to |
---|
4026 | 4026 | | enclose official mail shall bear on its face the name and address of the Council and |
---|
4027 | 4027 | | the words “official business.” Envelopes and other materials shall not be used to |
---|
4028 | 4028 | | enclose materials, documents, or other articles except those enumerated in |
---|
4029 | 4029 | | subsections (b) and (e) of this Rule or other materials not prohibited by subsection |
---|
4030 | 4030 | | (d) of this Rule. |
---|
4031 | 4031 | | (d) PROHIBITED USES OF OFFICIAL MAIL BY ELECTED OFFICIALS. |
---|
4032 | 4032 | | (1) A Councilmember may not mail, as official mail, a mass mailing within the |
---|
4033 | 4033 | | 90-day period that immediately precedes a primary, special, or general |
---|
4034 | 4034 | | election in which the Councilmember is a candidate for office. |
---|
4035 | 4035 | | (2) A Councilmember may mail, as official mail, newsletters; provided, that |
---|
4036 | 4036 | | these materials do not contain any of the following: |
---|
4037 | 4037 | | (A) Autobiographical articles; |
---|
4038 | 4038 | | (B) Political cartoons; |
---|
4039 | 4039 | | (C) Reference to past or future campaigns; |
---|
4040 | 4040 | | (D) Announcements of filings for reelection; |
---|
4041 | 4041 | | (E) Announcements of campaign schedules; |
---|
4042 | 4042 | | (F) Announcements of political or partisan meetings; |
---|
4043 | 4043 | | (G) Reports on family life; |
---|
4044 | 4044 | | (H) Personal references that are included for publicity, advertising, or |
---|
4045 | 4045 | | political purposes; |
---|
4046 | 4046 | | (I) Pictures of the official members with any partisan label such as |
---|
4047 | 4047 | | "Democrat," "Republican," "Statehood Party," or any other label that |
---|
4048 | 4048 | | 25 |
---|
4049 | 4049 | | purports to advertise the member rather than to illustrate the |
---|
4050 | 4050 | | accompanying text; |
---|
4051 | 4051 | | (J) Articles about community events that are unrelated to official |
---|
4052 | 4052 | | government business; or |
---|
4053 | 4053 | | (K) Reports on non-official activities of the Councilmember that have the |
---|
4054 | 4054 | | effect of lending the franking privilege to others, no matter how |
---|
4055 | 4055 | | worthwhile or charitable the endeavors of those to whom the franking |
---|
4056 | 4056 | | privilege would be loaned. |
---|
4057 | 4057 | | (3) A Councilmember may not use official mail to solicit directly or indirectly |
---|
4058 | 4058 | | funds for any purpose. |
---|
4059 | 4059 | | (4) A Councilmember may not use official mail for transmission of matter that is |
---|
4060 | 4060 | | purely personal to the sender and is unrelated to the official duties, activities, |
---|
4061 | 4061 | | and business of the member. |
---|
4062 | 4062 | | (5) A Councilmember may not mail, as official mail, cards or other materials that |
---|
4063 | 4063 | | express holiday greetings from the Councilmember or the Councilmember’s |
---|
4064 | 4064 | | family. |
---|
4065 | 4065 | | (e) AUTHORIZED USES OF OFFICIAL MAIL. The provisions of subsection (d) of this Rule |
---|
4066 | 4066 | | do not prohibit a Councilmember or the Councilmember’s staff from mailing, as |
---|
4067 | 4067 | | official mail, any of the following: |
---|
4068 | 4068 | | (1) The whole or part of a record, speech, debate, or report of the Council or a |
---|
4069 | 4069 | | committee of the Council; |
---|
4070 | 4070 | | (2) The tabulation of a Councilmember’s vote or explanation of the vote; |
---|
4071 | 4071 | | (3) An expression of condolences to a person who has suffered a loss or |
---|
4072 | 4072 | | congratulations to a person who has achieved some personal or public |
---|
4073 | 4073 | | distinction; provided, that mass mailings of a congratulatory nature that are |
---|
4074 | 4074 | | substantially the same except for individualized addresses are not authorized; |
---|
4075 | 4075 | | (4) Information concerning the Councilmember’s schedule of meeting |
---|
4076 | 4076 | | constituents; |
---|
4077 | 4077 | | (5) Information concerning the meeting schedule and agenda for committees and |
---|
4078 | 4078 | | subcommittees upon which the Councilmember serves; |
---|
4079 | 4079 | | (6) Information concerning financial disclosure information, whether or not |
---|
4080 | 4080 | | required by law; |
---|
4081 | 4081 | | 26 |
---|
4082 | 4082 | | (7) Matter that consists of federal, state, or local laws, regulations, or |
---|
4083 | 4083 | | publications paid for by public funds; |
---|
4084 | 4084 | | (8) Questionnaires that relate to matters on public policy or administration; or |
---|
4085 | 4085 | | (9) Matter that contains a picture of the member or biographical or |
---|
4086 | 4086 | | autobiographical data whenever the matter is mailed in response to a specific |
---|
4087 | 4087 | | request. |
---|
4088 | 4088 | | (f) USE OF ELECTRONIC NEWSLETTERS. |
---|
4089 | 4089 | | (1) A Councilmember or Council employee shall not transmit an electronic |
---|
4090 | 4090 | | newsletter within the 90-day period immediately before a primary, special, or |
---|
4091 | 4091 | | general election in which the Councilmember is a candidate for office, unless |
---|
4092 | 4092 | | the electronic newsletter conforms with the following requirements: |
---|
4093 | 4093 | | (A) The recipients have individually subscribed to receive the electronic |
---|
4094 | 4094 | | newsletter; |
---|
4095 | 4095 | | (B) The electronic newsletter contains a clear and conspicuous notice of the |
---|
4096 | 4096 | | method by which a recipient can request not to receive future electronic |
---|
4097 | 4097 | | newsletters; and |
---|
4098 | 4098 | | (C) The proposed newsletter has been submitted for review by the General |
---|
4099 | 4099 | | Counsel or the Office of Campaign Finance. |
---|
4100 | 4100 | | (2) An electronic newsletter shall comply with the requirements of subsection |
---|
4101 | 4101 | | (d)(2) of this Rule. |
---|
4102 | 4102 | | |
---|
4103 | 4103 | | |
---|
4104 | 4104 | | (3) An electronic newsletter shall not be transmitted at public expense unless, |
---|
4105 | 4105 | | when viewed as a whole, it: |
---|
4106 | 4106 | | (A) Is informational rather than self-promotional; and |
---|
4107 | 4107 | | (B) Is directly related to a Councilmember’s official legislative or |
---|
4108 | 4108 | | representative duties. |
---|
4109 | 4109 | | (g) PHOTOGRAPHS AND SKETCHES CONTAINED IN NEWSLETTERS. Each photograph or |
---|
4110 | 4110 | | sketch contained in a newsletter or report on constituent service activities shall |
---|
4111 | 4111 | | relate to the official legislative duties of the Councilmember and shall not, because |
---|
4112 | 4112 | | of excessive use and size, have the effect of advertising or publicizing the |
---|
4113 | 4113 | | 27 |
---|
4114 | 4114 | | Councilmember. In addition, to be mailed at public expense as official mail, a |
---|
4115 | 4115 | | newsletter or report on constituent service activities may not contain any of the |
---|
4116 | 4116 | | following: |
---|
4117 | 4117 | | (1) More than one photograph or likeness of the Councilmember appearing |
---|
4118 | 4118 | | alone; |
---|
4119 | 4119 | | (2) A photographic likeness of the Councilmember appearing alone that covers |
---|
4120 | 4120 | | more than 6% of a single page or that exceeds 6 square inches on 8 ½″ x 11″ |
---|
4121 | 4121 | | paper; |
---|
4122 | 4122 | | (3) More than 2 photographs per page that include the Councilmember with other |
---|
4123 | 4123 | | persons; |
---|
4124 | 4124 | | (4) Two photographs on a single page that include the Councilmember and |
---|
4125 | 4125 | | exceed 20% of the page; |
---|
4126 | 4126 | | (5) A photograph of a Councilmember with a label such as “Democrat,” |
---|
4127 | 4127 | | “Republican,” “Statehood Party,” or any other label that purports to advertise |
---|
4128 | 4128 | | the Councilmember rather than to illustrate the accompanying text; or |
---|
4129 | 4129 | | (6) A photograph that does not relate to, illustrate, or explain the accompanying |
---|
4130 | 4130 | | text. |
---|
4131 | 4131 | | |
---|
4132 | 4132 | | (h) SIZE AND PRINT TYPES FOR NAMES. |
---|
4133 | 4133 | | (1) A Councilmember’s name in the masthead of a newsletter shall not appear in |
---|
4134 | 4134 | | print type larger than ½″ in height. |
---|
4135 | 4135 | | (2) A Councilmember’s name in the text of a newsletter shall not appear in type |
---|
4136 | 4136 | | style or size larger than the other matter, nor in print size larger than 1/4″ in |
---|
4137 | 4137 | | height. |
---|
4138 | 4138 | | (i) USE OF OFFICIAL MAIL BY OFFICIALS-ELECT. In addition to Councilmembers, the |
---|
4139 | 4139 | | Chairman elect and members elect of the Council may mail materials as official |
---|
4140 | 4140 | | mail. |
---|
4141 | 4141 | | (j) GENERAL COUNSEL REVIEW. The General Counsel shall be available to |
---|
4142 | 4142 | | Councilmembers and their staff to review materials intended to be mailed as |
---|
4143 | 4143 | | official mail to ensure that the materials comply with the laws and rules governing |
---|
4144 | 4144 | | official mail. Upon written request of a Councilmember, the General Counsel shall |
---|
4145 | 4145 | | provide a written opinion concerning whether the materials, submitted by the |
---|
4146 | 4146 | | 28 |
---|
4147 | 4147 | | Councilmember and intended to be mailed as official mail, comply with the laws |
---|
4148 | 4148 | | and rules governing official mail. |
---|
4149 | 4149 | | 29 |
---|
4150 | 4150 | | XI. DEFINITIONS , FINANCIAL DISCLOSURE S, AND |
---|
4151 | 4151 | | ETHICS COUNSELING |
---|
4152 | 4152 | | (a) DEFINITIONS. For the purposes of the Code of Official Conduct, the term: |
---|
4153 | 4153 | | (1) “Employee” shall include all Council staff and Councilmembers, unless |
---|
4154 | 4154 | | specifically stated otherwise. |
---|
4155 | 4155 | | (2) “General Counsel” means the General Counsel to the Council of the District |
---|
4156 | 4156 | | of Columbia, or a designated employee within the Office of the General |
---|
4157 | 4157 | | Counsel to the Council of the District of Columbia. |
---|
4158 | 4158 | | (b) FINANCIAL DISCLOSURE. An employee who is covered under section 224 or 225 of |
---|
4159 | 4159 | | the Board of Ethics and Government Accountability Establishment and |
---|
4160 | 4160 | | Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 |
---|
4161 | 4161 | | (D.C. Law 19-124; D.C. Official Code § 1-1162.24 or § 1-1162.25) (“Government |
---|
4162 | 4162 | | Ethics Act”), shall file the required disclosures in accordance with the Government |
---|
4163 | 4163 | | Ethics Act. |
---|
4164 | 4164 | | (c) ETHICS COUNSELING AND SAFE HARBOR. |
---|
4165 | 4165 | | (1) The General Counsel shall provide at the request of an employee confidential |
---|
4166 | 4166 | | advice about compliance with the Code of Official Conduct and any other |
---|
4167 | 4167 | | applicable laws and regulations. |
---|
4168 | 4168 | | (2)(A) An employee who, after providing full disclosure of all relevant facts, |
---|
4169 | 4169 | | obtains advice from the General Counsel and acts in accordance with that |
---|
4170 | 4170 | | advice, even if that action is later found to constitute a violation of this Code |
---|
4171 | 4171 | | of Official Conduct, shall not, subject to subparagraph (B) of this paragraph, |
---|
4172 | 4172 | | be found to have violated the provisions of the Code of Official Conduct. |
---|
4173 | 4173 | | (B) If the employee knows or has reason to know that the General |
---|
4174 | 4174 | | Counsel’s advice was based upon fraudulent, misleading, or otherwise |
---|
4175 | 4175 | | incorrect information provided by the employee, subparagraph (A) of |
---|
4176 | 4176 | | this paragraph shall not apply. |
---|
4177 | 4177 | | (C) An employee is responsible for providing and maintaining |
---|
4178 | 4178 | | appropriate documentation of the underlying facts. |
---|
4179 | 4179 | | 30 |
---|
4180 | 4180 | | XII. DECORUM OF COUNCILMEMBERS |
---|
4181 | 4181 | | (a) GENERALLY. During any meeting of the Council that is open to the public, as |
---|
4182 | 4182 | | defined by section 405 of the Open Meetings Act, effective March 31, 2011 (D.C. |
---|
4183 | 4183 | | Law 18-350; D.C. Official Code § 2-575), a Councilmember shall treat other |
---|
4184 | 4184 | | Councilmembers with dignity and respect and refrain from using profane, indecent, |
---|
4185 | 4185 | | or abusive language directed at another Councilmember or the Council as an |
---|
4186 | 4186 | | institution. |
---|
4187 | 4187 | | (b) REMOVAL OF COUNCILMEMBERS. |
---|
4188 | 4188 | | (1) The Chairman shall maintain order during any meeting of the Council. The |
---|
4189 | 4189 | | Chairman may order the removal of a Councilmember from a meeting if: |
---|
4190 | 4190 | | (A) The Chairman determines that: |
---|
4191 | 4191 | | (i) The Councilmember has violated subsection (a) of this Rule; and |
---|
4192 | 4192 | | (ii) Removal of the Councilmember is necessary to maintain order; |
---|
4193 | 4193 | | and |
---|
4194 | 4194 | | (B) The Chairman has warned the Councilmember to come to order. |
---|
4195 | 4195 | | (2) This subsection shall not be construed to apply to any regular, additional, or |
---|
4196 | 4196 | | special meeting of the Council or Committee of the Whole held pursuant to |
---|
4197 | 4197 | | Rules 231, 301, 302, or 303 of the Rules of Organization and Procedure for |
---|
4198 | 4198 | | the Council of the District of Columbia. |
---|
4199 | 4199 | | (3) This subsection shall not be construed to otherwise limit the ability of the |
---|
4200 | 4200 | | Council to enforce this Rule. |
---|
4201 | 4201 | | (c) CONSTRUCTION. |
---|
4202 | 4202 | | (1) The conduct prohibited by subsection (a) of this Rule shall not be considered |
---|
4203 | 4203 | | a violation of the Code of Official Conduct for purposes of discipline if a |
---|
4204 | 4204 | | Councilmember promptly comes to order upon warning by the Chairman. |
---|
4205 | 4205 | | (2) This Rule shall not be construed to prohibit the exercise of a |
---|
4206 | 4206 | | Councilmember’s First Amendment rights. |
---|
4207 | 4207 | | |
---|
4208 | 4208 | | |
---|
4209 | 4209 | | |
---|
4210 | 4210 | | -1- |
---|
4211 | 4211 | | |
---|
4212 | 4212 | | SEXUAL HARASSMENT POLICY |
---|
4213 | 4213 | | Policy Statement |
---|
4214 | 4214 | | It is the policy of the Council of the District of Columbia (“Council”) to provide a work |
---|
4215 | 4215 | | environment free from sexual harassment. Sexual harassment of any employee has a debilitating |
---|
4216 | 4216 | | impact on employee morale and productivity and violates the law. This policy also prohibits |
---|
4217 | 4217 | | retaliation against employees who report sexual harassment or participate in a sexual harassment |
---|
4218 | 4218 | | complaint. If the Council receives an allegation of sexual harassment, or has reason to believe |
---|
4219 | 4219 | | sexual harassment is occurring, it will take necessary steps to ensure that any harassing conduct |
---|
4220 | 4220 | | immediately ceases and that the matter is promptly addressed. The Council is committed to |
---|
4221 | 4221 | | taking remedial action when it learns of possible sexual harassment, even if the purported target |
---|
4222 | 4222 | | of the harassment does not wish to file a complaint. |
---|
4223 | 4223 | | This policy serves as the Council’s official policy and supersedes any other existing policy. |
---|
4224 | 4224 | | Personnel authorities within the Council may individually adopt a sexual harassment policy, but |
---|
4225 | 4225 | | to the extent there is a conflict with other policies, this policy shall prevail. |
---|
4226 | 4226 | | |
---|
4227 | 4227 | | I. SCOPE |
---|
4228 | 4228 | | This policy governs the conduct of the Council's employees, Councilmembers, and third parties |
---|
4229 | 4229 | | doing business with or carrying out the goals and objectives of the Council, e.g., vendors, |
---|
4230 | 4230 | | employees of D.C. agencies, and other persons visiting or working at the Council's worksite. |
---|
4231 | 4231 | | |
---|
4232 | 4232 | | All Council employees and Councilmembers are required to comply with this policy. Employees |
---|
4233 | 4233 | | and Councilmembers are also expected to behave professionally and to exercise good judgment |
---|
4234 | 4234 | | in work-related relationships, whether with fellow employees, business colleagues, or members |
---|
4235 | 4235 | | of the public with whom they come into contact in the course of official duties. Further, all |
---|
4236 | 4236 | | employees and Councilmembers are expected to take appropriate measures to prevent sexual |
---|
4237 | 4237 | | harassment. Additionally, all employees and Councilmembers are encouraged to report incidents |
---|
4238 | 4238 | | of perceived sexual harassment so that any target of alleged sexual harassment may gain access |
---|
4239 | 4239 | | to available support. All Council employees and Councilmembers must take steps to stop |
---|
4240 | 4240 | | unwelcome behavior of a sexual nature before it becomes severe or pervasive and rises to a |
---|
4241 | 4241 | | violation of law. |
---|
4242 | 4242 | | |
---|
4243 | 4243 | | |
---|
4244 | 4244 | | |
---|
4245 | 4245 | | |
---|
4246 | 4246 | | -2- |
---|
4247 | 4247 | | |
---|
4248 | 4248 | | II. DEFINITIONS. |
---|
4249 | 4249 | | Complainant |
---|
4250 | 4250 | | A Council employee who files a complaint under this policy. A complainant may be the target of |
---|
4251 | 4251 | | sexual harassment or a witness to sexual harassment. |
---|
4252 | 4252 | | Officer |
---|
4253 | 4253 | | For the purposes of this policy, the term “Officer” means the Secretary, Budget Director, |
---|
4254 | 4254 | | General Counsel, and Chief Technology Officer of the Council. |
---|
4255 | 4255 | | Sexual Harassment |
---|
4256 | 4256 | | (a) Quid Pro Quo Sexual Harassment. |
---|
4257 | 4257 | | Quid pro quo sexual harassment is unwelcome sexual advances, requests for sexual favors, and |
---|
4258 | 4258 | | other verbal or physical conduct of a sexual nature when any one of the following criteria is |
---|
4259 | 4259 | | present: |
---|
4260 | 4260 | | (1) Submission to such conduct is made either explicitly or implicitly a term or condition |
---|
4261 | 4261 | | of an individual's employment; or |
---|
4262 | 4262 | | (2) Submission to or rejection of such conduct by an individual is used as a basis for |
---|
4263 | 4263 | | employment decisions affecting the individual. |
---|
4264 | 4264 | | (b) Hostile Work Environment Sexual Harassment. |
---|
4265 | 4265 | | |
---|
4266 | 4266 | | (1) Sexual harassment creates a hostile work environment when the conduct is |
---|
4267 | 4267 | | unwelcome in nature and has the purpose or effect of unreasonably interfering with an |
---|
4268 | 4268 | | individual's work performance or creating an intimidating, hostile, or offensive work |
---|
4269 | 4269 | | environment. |
---|
4270 | 4270 | | (2) The following, although not an exhaustive list, are examples of conduct that may |
---|
4271 | 4271 | | create a hostile work environment in violation of this policy, including during work- |
---|
4272 | 4272 | | related travel, events, and social gatherings: |
---|
4273 | 4273 | | (A) Sex acts; |
---|
4274 | 4274 | | (B) Display of sexual organs; |
---|
4275 | 4275 | | (C) Giving a preference to a third party who is engaged in a sexual or romantic |
---|
4276 | 4276 | | relationship, to the disadvantage of an employee who is not engaged in a sexual |
---|
4277 | 4277 | | relationship with a supervisor, hiring official, or person exercising authority over |
---|
4278 | 4278 | | the disadvantaged party (described legally as a “paramour preference”); |
---|
4279 | 4279 | | |
---|
4280 | 4280 | | |
---|
4281 | 4281 | | |
---|
4282 | 4282 | | -3- |
---|
4283 | 4283 | | |
---|
4284 | 4284 | | (D) Using sexually oriented or sexually degrading language describing an |
---|
4285 | 4285 | | individual or his/her body, clothing, hair, accessories or sexual experiences; |
---|
4286 | 4286 | | (E) Sexually offensive comments or off-color language, jokes, or innuendo that a |
---|
4287 | 4287 | | reasonable person would consider to be of a sexual nature, or belittling or |
---|
4288 | 4288 | | demeaning to an individual or a group's sexual orientation or gender identity; |
---|
4289 | 4289 | | (F) “Sexting” or seeking or sending pictures of intimate body parts, or taking or |
---|
4290 | 4290 | | displaying pictures of body parts meant to be covered up (such as “upskirting” |
---|
4291 | 4291 | | pictures), including by sending messages of a suggestive nature on self- |
---|
4292 | 4292 | | destructing messaging apps where evidence of the written word or images is |
---|
4293 | 4293 | | difficult to document; |
---|
4294 | 4294 | | (G) The display or dissemination of sexually suggestive objects, books, |
---|
4295 | 4295 | | magazines, photographs, music, cartoons, or computer internet sites or references; |
---|
4296 | 4296 | | (H) Unnecessary and inappropriate touching or physical contact, such as brushing |
---|
4297 | 4297 | | against a colleague's body, touching or brushing a colleague's hair or clothing, |
---|
4298 | 4298 | | massaging, groping, patting, pinching, or hugging, that a reasonable person would |
---|
4299 | 4299 | | consider to be of a sexual nature; |
---|
4300 | 4300 | | (I) Lascivious leering or sexually suggestive gestures or sounds, i.e. whistling or |
---|
4301 | 4301 | | kissing noises; |
---|
4302 | 4302 | | (J) Sexual comments, conduct, displays, and suggestions in the workplace |
---|
4303 | 4303 | | between two willing parties that would cause a reasonable third party to be |
---|
4304 | 4304 | | offended; |
---|
4305 | 4305 | | (K) Making inquiries about someone’s private sex life or describing one’s own |
---|
4306 | 4306 | | sex life; |
---|
4307 | 4307 | | (L) Any unwanted repeated contact, including but not limited to in-person or |
---|
4308 | 4308 | | telephonic, for romantic or sexual purposes; |
---|
4309 | 4309 | | (M) Sexual assault, stalking, trapping someone such that they are not free to leave |
---|
4310 | 4310 | | and a sexual encounter is expected or threatened, threats of bodily harm relating |
---|
4311 | 4311 | | to sex or the refusal to have sex, or crimes related to egregious acts of sexual |
---|
4312 | 4312 | | harassment. |
---|
4313 | 4313 | | (c) Anyone, regardless of sex, gender, or sexual orientation may be the target or perpetrator of |
---|
4314 | 4314 | | sexual harassment. |
---|
4315 | 4315 | | |
---|
4316 | 4316 | | |
---|
4317 | 4317 | | |
---|
4318 | 4318 | | -4- |
---|
4319 | 4319 | | |
---|
4320 | 4320 | | (d) Sexual harassment is not limited to inappropriate exercise of authority by persons in power |
---|
4321 | 4321 | | over an employee. It can occur by an employee toward a co-worker, by an employee toward a |
---|
4322 | 4322 | | supervisor, or by a non-employee toward an employee. |
---|
4323 | 4323 | | Sexual Harassment Officer |
---|
4324 | 4324 | | A Sexual Harassment Officer (“SHO”) is one of two individuals designated by the Secretary of |
---|
4325 | 4325 | | the Council and specially trained to receive complaints of sexual harassment and to conciliate |
---|
4326 | 4326 | | complaints of sexual harassment under this policy. |
---|
4327 | 4327 | | Sexual Consent |
---|
4328 | 4328 | | Sexual consent is positive, unambiguous, and voluntary agreement to engage in specific activity |
---|
4329 | 4329 | | throughout an encounter involving sexual activity. Consent should not be inferred from the |
---|
4330 | 4330 | | absence of a “no”. Consent to some activity does not constitute consent to others, nor does past |
---|
4331 | 4331 | | consent to a given activity constitute present or future consent. Consent can be revoked at any |
---|
4332 | 4332 | | time and cannot be obtained by threat, coercion, or force. |
---|
4333 | 4333 | | |
---|
4334 | 4334 | | III. CONSENSUAL RELATIONSHIPS |
---|
4335 | 4335 | | |
---|
4336 | 4336 | | (a) Sexual/intimate relationships between employees and supervisors in the employee's chain of |
---|
4337 | 4337 | | command are strongly discouraged. The existence of a sexual/intimate relationship between an |
---|
4338 | 4338 | | employee and a supervisor will be a factor in any proceeding in which the relationship is alleged |
---|
4339 | 4339 | | to have contributed to a hostile work environment and/or adversely affected the terms and |
---|
4340 | 4340 | | conditions of employment. |
---|
4341 | 4341 | | |
---|
4342 | 4342 | | (b) Employees who engage in a limited consensual relationship with a supervisor or colleague, |
---|
4343 | 4343 | | such as going out to dinner or on dates, remain free to refuse further sexual overtures and have the |
---|
4344 | 4344 | | right to demand that sexual or sexually harassing conduct going beyond that which was consented |
---|
4345 | 4345 | | to must stop. Alternatively, they also may seek the assistance of a supervisor or manager or the |
---|
4346 | 4346 | | Council’s SHOs to demand that sexually harassing conduct cease. |
---|
4347 | 4347 | | |
---|
4348 | 4348 | | (c) Conduct that was once welcome or consensual may become unwelcome. Once the conduct is |
---|
4349 | 4349 | | no longer welcome, conduct of a sexually harassing nature must cease. |
---|
4350 | 4350 | | |
---|
4351 | 4351 | | |
---|
4352 | 4352 | | IV. REPORTING AND REMEDYING SEXUAL HARASSMENT |
---|
4353 | 4353 | | |
---|
4354 | 4354 | | This policy provides several avenues an employee may pursue in response to witnessing or |
---|
4355 | 4355 | | experiencing sexual harassment. All complaints of sexual harassment will be treated with the |
---|
4356 | 4356 | | |
---|
4357 | 4357 | | |
---|
4358 | 4358 | | |
---|
4359 | 4359 | | -5- |
---|
4360 | 4360 | | |
---|
4361 | 4361 | | same rigor and gravity, regardless of the complaint avenue the complainant elects. All |
---|
4362 | 4362 | | complaints of sexual harassment by a Councilmember will generate an investigation by outside |
---|
4363 | 4363 | | counsel. |
---|
4364 | 4364 | | |
---|
4365 | 4365 | | Any employee who believes he or she has been the target of sexual harassment can inform the |
---|
4366 | 4366 | | offending person orally or in writing that such conduct is unwelcome and offensive and ask the |
---|
4367 | 4367 | | offending person to stop the offensive conduct. If the employee does not wish to communicate |
---|
4368 | 4368 | | directly with the offending person, or if such communication has been ineffective, the employee |
---|
4369 | 4369 | | should report the sexual harassment. |
---|
4370 | 4370 | | |
---|
4371 | 4371 | | (a) Reporting Harassment by a Council Employee. |
---|
4372 | 4372 | | |
---|
4373 | 4373 | | Sexual harassment by a Council employee, if reported, shall be reported through the channels |
---|
4374 | 4374 | | described below. Complaints to supervisors will not automatically initiate an investigation by |
---|
4375 | 4375 | | outside counsel, whereas complaints to an SHO will. |
---|
4376 | 4376 | | |
---|
4377 | 4377 | | (1) Target complaints to supervisors. |
---|
4378 | 4378 | | |
---|
4379 | 4379 | | (A) An employee who believes they are the target of sexual harassment from |
---|
4380 | 4380 | | another Council employee may make a complaint to the employee’s supervisor |
---|
4381 | 4381 | | orally or in writing. The complainant’s supervisor should reduce the complaint to |
---|
4382 | 4382 | | writing and provide the complainant with section VII (External Reporting and |
---|
4383 | 4383 | | Resources) of this policy. Upon receipt of the complaint, the complainant’s |
---|
4384 | 4384 | | supervisor must inform the alleged harasser to cease all offending conduct (if the |
---|
4385 | 4385 | | alleged harasser is not in the supervisor’s chain-of-command, the supervisor must |
---|
4386 | 4386 | | enlist the assistance of an SHO or a supervisor in the alleged harasser’s chain of |
---|
4387 | 4387 | | command to inform the alleged harasser to cease all offending conduct). The |
---|
4388 | 4388 | | supervisor shall promptly seek to resolve the complaint in a manner that ensures |
---|
4389 | 4389 | | the offending conduct will not recur and take corrective action appropriate to the |
---|
4390 | 4390 | | severity of the offense. If a supervisor cannot resolve the complaint, the |
---|
4391 | 4391 | | supervisor must inform the complainant and encourage the complainant to make a |
---|
4392 | 4392 | | complaint to an SHO. Supervisors are encouraged to seek advice in resolving |
---|
4393 | 4393 | | complaints from an SHO or the General Counsel. A supervisor’s consultation or |
---|
4394 | 4394 | | request for assistance from an SHO is not considered a complaint to an SHO and |
---|
4395 | 4395 | | will not automatically initiate an investigation by outside counsel. |
---|
4396 | 4396 | | |
---|
4397 | 4397 | | In appropriate circumstances, a complaint to a supervisor may be resolved |
---|
4398 | 4398 | | through conciliation. Conciliation is an informal method of alternative dispute |
---|
4399 | 4399 | | resolution in which an SHO works with the complainant and alleged harasser to |
---|
4400 | 4400 | | end the harassment and reach a resolution that is mutually agreeable to both |
---|
4401 | 4401 | | |
---|
4402 | 4402 | | |
---|
4403 | 4403 | | |
---|
4404 | 4404 | | -6- |
---|
4405 | 4405 | | |
---|
4406 | 4406 | | parties. A complainant may initiate conciliation by informing the complainant’s |
---|
4407 | 4407 | | supervisor, who shall inform an SHO, of the complainant’s desire to conciliate. |
---|
4408 | 4408 | | Participation in conciliation is voluntary and requires the cooperation of both the |
---|
4409 | 4409 | | target and alleged harasser. Ultimately, an SHO will make a case-by-case |
---|
4410 | 4410 | | determination of whether a complaint is appropriate for conciliation. |
---|
4411 | 4411 | | |
---|
4412 | 4412 | | Upon resolution of a complaint, or in the event a supervisor cannot resolve a |
---|
4413 | 4413 | | complaint, the supervisor must provide a written report to an SHO and OGC, |
---|
4414 | 4414 | | which identifies the parties involved, the nature of the complaint, and steps taken |
---|
4415 | 4415 | | to resolve the complaint. The SHOs and OGC will evaluate the report to |
---|
4416 | 4416 | | determine whether further action, including further investigation or corrective |
---|
4417 | 4417 | | action, is warranted. The report shall be kept confidential consistent with the |
---|
4418 | 4418 | | terms of this policy. |
---|
4419 | 4419 | | |
---|
4420 | 4420 | | (B) If an employee chooses not to complain to a supervisor or is unsatisfied with |
---|
4421 | 4421 | | the results of a complaint to a supervisor, the employee may make a complaint to |
---|
4422 | 4422 | | an SHO. |
---|
4423 | 4423 | | |
---|
4424 | 4424 | | (2) Anonymous and Witness Complaints. |
---|
4425 | 4425 | | |
---|
4426 | 4426 | | (A) The Council encourages all employees to report instances of sexual |
---|
4427 | 4427 | | harassment they witness to their supervisors, through the Council’s online |
---|
4428 | 4428 | | complaint portal (dccouncil.seamlessdocs.com/f/sexualharassmentcomplaint) or |
---|
4429 | 4429 | | directly to an SHO. A supervisor who receives a complaint of sexual harassment |
---|
4430 | 4430 | | from a witness should follow the procedures described in section (a)(1)(A) to |
---|
4431 | 4431 | | resolve and report the complaint’s resolution or refer the matter to an SHO for |
---|
4432 | 4432 | | resolution in accordance with subparagraph (C). |
---|
4433 | 4433 | | |
---|
4434 | 4434 | | (B) An employee, whether a target or a witness of sexual harassment, may |
---|
4435 | 4435 | | anonymously report sexual harassment through the Council’s online complaint |
---|
4436 | 4436 | | portal by selecting the anonymous complaint option. An anonymous complaint |
---|
4437 | 4437 | | through the Council’s complaint portal will be transmitted to the SHOs. |
---|
4438 | 4438 | | |
---|
4439 | 4439 | | (C) An SHO who receives a witness or anonymous complaint will perform an |
---|
4440 | 4440 | | initial assessment of the facts of the complaint, including interviewing the alleged |
---|
4441 | 4441 | | target and harasser, to determine what further action, including investigation by |
---|
4442 | 4442 | | outside counsel, is possible, desired, or warranted given the nature and severity of |
---|
4443 | 4443 | | the complaint. |
---|
4444 | 4444 | | |
---|
4445 | 4445 | | (3) Target complaints to SHOs. |
---|
4446 | 4446 | | |
---|
4447 | 4447 | | |
---|
4448 | 4448 | | |
---|
4449 | 4449 | | -7- |
---|
4450 | 4450 | | |
---|
4451 | 4451 | | |
---|
4452 | 4452 | | (A) A person who is sexually harassed may make a complaint directly to an SHO. |
---|
4453 | 4453 | | A complaint made directly to an SHO may be oral or written; the SHO who |
---|
4454 | 4454 | | receives an oral complaint shall reduce the complaint to writing. Complaints |
---|
4455 | 4455 | | made though the Council’s online complaint portal will be transmitted to the |
---|
4456 | 4456 | | SHOs. |
---|
4457 | 4457 | | |
---|
4458 | 4458 | | (B) Upon receipt of a complaint under this policy, the SHO who receives the |
---|
4459 | 4459 | | complaint shall provide the complainant with section VII (External Reporting and |
---|
4460 | 4460 | | Resources) of this policy. |
---|
4461 | 4461 | | |
---|
4462 | 4462 | | (C) The SHO shall notify the alleged harasser, in writing, that a complaint has |
---|
4463 | 4463 | | been made against him or her and direct the individual to cease all offending |
---|
4464 | 4464 | | conduct. |
---|
4465 | 4465 | | |
---|
4466 | 4466 | | (4) Investigation of Target Complaints to SHOs. |
---|
4467 | 4467 | | |
---|
4468 | 4468 | | (A) Upon receipt of a complaint from a target of sexual harassment, the SHO |
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4469 | 4469 | | shall inform the General Counsel, who shall contact outside counsel to investigate |
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4470 | 4470 | | the complaint. Supervisors of the alleged target and harasser will be notified of |
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4471 | 4471 | | the investigation, unless the target requests confidentiality, in which case, no |
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4472 | 4472 | | supervisor shall be notified until the investigation is complete, unless the |
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4473 | 4473 | | imposition of interim measures or the nature of the investigation necessitates |
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4474 | 4474 | | notification. |
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4475 | 4475 | | |
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4476 | 4476 | | (B) The SHOs will recommend interim measures to ensure no further apparent or |
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4477 | 4477 | | alleged harassment occurs pending completion of an investigation. Supervisors |
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4478 | 4478 | | and Councilmembers agree to abide by and implement the interim measures |
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4479 | 4479 | | recommended by the SHOs. The following interim measures may be appropriate |
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4480 | 4480 | | to ensure cessation of alleged harassment during the pendency of an investigation: |
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4481 | 4481 | | |
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4482 | 4482 | | (i) Administrative leave with pay; |
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4483 | 4483 | | (ii) Physical separation, including the use of available swing space or |
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4484 | 4484 | | shifting workspaces between physical offices; |
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4485 | 4485 | | (iii) Working from home; or |
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4486 | 4486 | | (iv) Other measures that limit contact between the target and |
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4487 | 4487 | | alleged harasser. |
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4488 | 4488 | | |
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4489 | 4489 | | Acceptable interim measures are administrative in nature and are not per se an |
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4490 | 4490 | | adverse employment action to either party. Where a target of harassment requests |
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4491 | 4491 | | |
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4492 | 4492 | | |
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4493 | 4493 | | |
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4494 | 4494 | | -8- |
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4495 | 4495 | | |
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4496 | 4496 | | separation from the alleged harasser, the SHO must require the target of |
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4497 | 4497 | | harassment to make the request in writing. |
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4498 | 4498 | | (C) During the investigation, the SHO will be the point of contact for the |
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4499 | 4499 | | complainant’s or the alleged harasser’s questions or concerns related to the |
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4500 | 4500 | | complaint. |
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4501 | 4501 | | (D) Outside counsel has responsibility for investigating alleged sexual harassment |
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4502 | 4502 | | in a prompt, thorough, and impartial manner. |
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4503 | 4503 | | |
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4504 | 4504 | | (E) Outside counsel’s investigation may take up to 30 days. If the investigation is |
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4505 | 4505 | | not completed during that time, the complainant may elect to pursue remedies |
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4506 | 4506 | | outside the Council, as further described in section VII (External Reporting and |
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4507 | 4507 | | Resources). |
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4508 | 4508 | | |
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4509 | 4509 | | (5) Resolving Target Complaints to SHOs. |
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4510 | 4510 | | |
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4511 | 4511 | | (A) At the end of the investigation, outside counsel shall submit a written report |
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4512 | 4512 | | of its findings and any recommendations of corrective action to the SHOs and the |
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4513 | 4513 | | General Counsel. |
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4514 | 4514 | | |
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4515 | 4515 | | (B) If outside counsel does not find that harassment occurred, an SHO shall notify |
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4516 | 4516 | | the complainant and the alleged harasser of the result. No further action shall be |
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4517 | 4517 | | taken. |
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4518 | 4518 | | |
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4519 | 4519 | | (C)(i) If the outside counsel does find that harassment has occurred, the report |
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4520 | 4520 | | shall also be submitted to: |
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4521 | 4521 | | (I) The Councilmember for whom the alleged harasser works; or |
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4522 | 4522 | | (II) The Officer for whom the alleged harasser works. |
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4523 | 4523 | | (ii) Councilmembers and Officers agree to take, at minimum, the |
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4524 | 4524 | | corrective action recommended in the report from outside counsel, up to |
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4525 | 4525 | | and including termination of the alleged harasser. |
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4526 | 4526 | | |
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4527 | 4527 | | (b) Reporting Harassment by a Non-Council Employee. |
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4528 | 4528 | | |
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4529 | 4529 | | A Council employee who experiences sexual harassment from a non-Council employee may |
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4530 | 4530 | | make a complaint to a supervisor or an SHO through the avenues described above. The |
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4531 | 4531 | | supervisor or SHO shall hand the complaint is the same manner as described above, including, |
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4532 | 4532 | | if the complaint is to a supervisor, by providing a written resolution report to an SHO and OGC |
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4533 | 4533 | | that identifies the parties involved, the nature of the complaint, and steps taken to resolve the |
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4534 | 4534 | | |
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4535 | 4535 | | |
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4536 | 4536 | | |
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4537 | 4537 | | -9- |
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4538 | 4538 | | |
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4539 | 4539 | | complaint. The Council’s ability to resolve or investigate the complaint may be limited by lack |
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4540 | 4540 | | of control over the alleged harasser. Resolution of a complaint of harassment against a non- |
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4541 | 4541 | | Council employee may include the following: |
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4542 | 4542 | | |
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4543 | 4543 | | (1) Instituting a no-contact policy between the alleged harasser and the target, including |
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4544 | 4544 | | barring the alleged harasser from the personal or committee offices of a Councilmember, |
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4545 | 4545 | | as appropriate; and |
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4546 | 4546 | | |
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4547 | 4547 | | (2) Notifying the alleged harasser’s employer of the alleged conduct and requesting the |
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4548 | 4548 | | employer take appropriate action. |
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4549 | 4549 | | |
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4550 | 4550 | | (c) Reporting Harassment by a Councilmember |
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4551 | 4551 | | |
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4552 | 4552 | | (1) If an employee is sexually harassed by a Councilmember, the target or witness may |
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4553 | 4553 | | make a complaint to an SHO. Except as otherwise provided in this subsection, all |
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4554 | 4554 | | complaints against Councilmembers, including anonymous complaints, shall follow the |
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4555 | 4555 | | same investigation and reporting steps outlined in subsection (a)(4) and (5) of this |
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4556 | 4556 | | section, including investigation by outside counsel, imposition of interim measures, and |
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4557 | 4557 | | submission of a written report by outside counsel. |
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4558 | 4558 | | |
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4559 | 4559 | | (2) If outside counsel finds that the Councilmember engaged in conduct that violates this |
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4560 | 4560 | | policy: |
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4561 | 4561 | | |
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4562 | 4562 | | (A) The report shall not include recommendations for corrective action; but shall |
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4563 | 4563 | | include information and findings sufficient for members of an ad hoc committee |
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4564 | 4564 | | to recommend penalties, if any, against the offending member, pursuant to |
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4565 | 4565 | | Council Rule 652. |
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4566 | 4566 | | |
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4567 | 4567 | | (B) The report shall be submitted to: |
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4568 | 4568 | | (i) The General Counsel; |
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4569 | 4569 | | (ii) The SHOs; and |
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4570 | 4570 | | (iii) The Chairman. |
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4571 | 4571 | | |
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4572 | 4572 | | (C) If the Chairman is the subject of the complaint, the Chairman pro tempore |
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4573 | 4573 | | shall receive the report with no redactions. |
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4574 | 4574 | | |
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4575 | 4575 | | (D) An ad hoc committee shall be established pursuant to Council Rule 651 |
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4576 | 4576 | | within 3 business days after the investigative report is received from outside |
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4577 | 4577 | | counsel. Members of the ad hoc committee shall receive unredacted versions of |
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4578 | 4578 | | outside counsel’s investigative report and shall protect the identities of |
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4579 | 4579 | | |
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4580 | 4580 | | |
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4581 | 4581 | | |
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4582 | 4582 | | -10- |
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4583 | 4583 | | |
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4584 | 4584 | | individuals named in the report to the greatest extent possible. Based on the |
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4585 | 4585 | | findings in the report, the ad hoc committee may recommend penalties against the |
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4586 | 4586 | | member in accordance with Council Rule 652. |
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4587 | 4587 | | |
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4588 | 4588 | | |
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4589 | 4589 | | (d) Confidentiality |
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4590 | 4590 | | |
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4591 | 4591 | | All reports of sexual harassment received pursuant to this policy shall be treated as confidential |
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4592 | 4592 | | consistent with the procedural mandates of this policy. Recipients of sexual harassment |
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4593 | 4593 | | complaints and those involved in any conciliation, investigation, or resolution of a complaint |
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4594 | 4594 | | have an obligation to protect the identities of the complainant, alleged target, harasser, and other |
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4595 | 4595 | | witnesses to the fullest extent possible in light of the nature of any investigation conducted and |
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4596 | 4596 | | remedial action sought or pursued. Disclosure of facts related to the complaint to an alleged |
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4597 | 4597 | | target and alleged harasser’s supervisor or Councilmember, the Office of General Counsel, |
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4598 | 4598 | | outside counsel, and the Council as a body, in the case of a complaint against a Councilmember, |
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4599 | 4599 | | may be necessary to achieve appropriate remedial action. |
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4600 | 4600 | | (e) Rights of the Alleged Harasser |
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4601 | 4601 | | |
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4602 | 4602 | | Persons accused of sexual harassment deserve the full protections afforded to them under the |
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4603 | 4603 | | law in administrative matters, including, but not limited to, the right to respond to allegations of |
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4604 | 4604 | | sexual harassment, to counsel and representation, and the presumption of innocence. The right to |
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4605 | 4605 | | counsel does not include the right to have counsel paid for by the government or Council. |
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4606 | 4606 | | |
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4607 | 4607 | | |
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4608 | 4608 | | |
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4609 | 4609 | | |
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4610 | 4610 | | V. TRAINING |
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4611 | 4611 | | |
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4612 | 4612 | | The Council will provide training on sexual harassment to all Councilmembers and employees at |
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4613 | 4613 | | least one time per year, which shall include training on retaliation. Annual sexual harassment |
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4614 | 4614 | | training is mandatory for all Councilmembers and employees. |
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4615 | 4615 | | |
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4616 | 4616 | | |
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4617 | 4617 | | VI. RETALIATION |
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4618 | 4618 | | |
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4619 | 4619 | | It is a violation of this policy to retaliate against someone who has reported possible sexual |
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4620 | 4620 | | harassment. |
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4621 | 4621 | | |
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4622 | 4622 | | |
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4623 | 4623 | | |
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4624 | 4624 | | -11- |
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4625 | 4625 | | |
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4626 | 4626 | | Retaliation is conduct that punishes a person for exercising rights under this policy or |
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4627 | 4627 | | discourages a reasonable person from engaging in activity protected under this policy. Such |
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4628 | 4628 | | protected activity includes making a complaint under this policy, aiding or encouraging any |
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4629 | 4629 | | other person to make a complaint under this policy, participating in the investigation or |
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4630 | 4630 | | resolution of a complaint under this policy, opposing sexual harassment, refusing to follow |
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4631 | 4631 | | orders that would result in sexual harassment, or intervening to protect others from sexual |
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4632 | 4632 | | harassment. |
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4633 | 4633 | | Retaliatory behavior may include, but is not limited to, termination, unwarranted reprimands, |
---|
4634 | 4634 | | intimidation, threats, unfairly downgrading personnel evaluations, transfers to less desirable |
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4635 | 4635 | | positions, verbal or physical abuse, altered and more inconvenient work schedules, or coercion |
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4636 | 4636 | | intended to pressure an individual to participate, not participate, or provide false or misleading |
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4637 | 4637 | | information in a complaint or investigation under this policy. |
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4638 | 4638 | | The Council will take necessary steps to protect from retaliation employees who, in good faith, |
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4639 | 4639 | | report incidents of potential sexual harassment and participate in investigations under this policy. |
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4640 | 4640 | | Employees found to have engaged in retaliatory behavior shall be recommended for discipline, |
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4641 | 4641 | | up to an including termination. |
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4642 | 4642 | | |
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4643 | 4643 | | VII. EXTERNAL REPORTING AND RESOURCES |
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4644 | 4644 | | |
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4645 | 4645 | | The remedies and procedures available under this policy are in addition to the legal remedies |
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4646 | 4646 | | available under District and federal law. A target of sexual harassment, or a person acting on the |
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4647 | 4647 | | target’s behalf with or without the target's consent, may report sexual harassment within one year |
---|
4648 | 4648 | | of the alleged harassment or its discovery to the District of Columbia Office of Human Rights |
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4649 | 4649 | | (“OHR”) (D.C. Official Code § 2-1403.04(a)); a target of sexual harassment may also file a charge |
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4650 | 4650 | | with the U.S. Equal Employment Opportunity Commission (“EEOC”) within 300 days of the |
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4651 | 4651 | | alleged harassment (42 U.S.C. 2000e-5(e)). |
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4652 | 4652 | | 1 |
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4653 | 4653 | | Filing a complaint under this policy does not extend |
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4654 | 4654 | | the time a target has to file a complaint or charge with OHR or the EEOC. |
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4655 | 4655 | | In addition to the remedies under this policy, the target is encouraged to report sexual harassment |
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4656 | 4656 | | that rises to the level of criminal misconduct, such as sexual assault, kidnapping, stalking, and |
---|
4657 | 4657 | | threats to do bodily harm, to a law enforcement agency, including the Metropolitan Police |
---|
4658 | 4658 | | Department (MPD). |
---|
4659 | 4659 | | |
---|
4660 | 4660 | | Victims of sexual assault or other possible crimes may choose to call the DC Victim Hotline at |
---|
4661 | 4661 | | 1-844-443-5732. The Hotline is available 24/7 by telephone, text, or online chat to connect |
---|
4662 | 4662 | | victims of crime to free resources and to help them navigate the physical, financial, legal, and |
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4663 | 4663 | | |
---|
4664 | 4664 | | 1 |
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4665 | 4665 | | The timelines for filing with administrative agencies are accurate as of January 3, 2023. |
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4666 | 4666 | | |
---|
4667 | 4667 | | |
---|
4668 | 4668 | | |
---|
4669 | 4669 | | -12- |
---|
4670 | 4670 | | |
---|
4671 | 4671 | | emotional repercussions of crime. Victims may be matched with an advocate who can help them |
---|
4672 | 4672 | | decide whether to pursue a matter through the criminal justice process. |
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4673 | 4673 | | |
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4674 | 4674 | | |
---|