District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill PR26-0014 Compare Versions

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Version 2 (New)

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1		-	ENROLLED ORIGINAL
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7		-	A RESOLUTION
8		-
9		-	26-17
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	February 4, 2025
14		-	To adopt the findings, conclusions, and recommendations from the Committee Report of the Ad
15		-	Hoc Committee In Re: Trayon White, Sr., and to expel Councilmember Trayon White, Sr. from the Council for the conduct referenced in the Committee Report that violated D.C. Official Code § 1-1162.23 and D.C. Official Code § 1-618.01, in addition to Council Rule 202(a) and several provisions of the Council’s Code of Official Conduct,
16		-	and the District’s Ethics Act.
17		-	R ESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
18		-	resolution may be cited as the “Expulsion of Councilmember Trayon White, Sr. Resolution of 2025”.
19		-	Sec. 2. On August 18, 2024, the Federal Bureau of Investigation (“FBI”) arrested
20		-	Councilmember Trayon White, Sr. pursuant to a federal criminal complaint charging him with
21		-	one count of bribery in violation of 18 U.S.C. § 201(b)(2). A Grand Jury for the District of Columbia returned an indictment charging Councilmember White with violating 18 U.S.C. § 201(b)(2) (bribery) on September 5, 2024. Councilmember White was arraigned on September
22		-	12, 2024, and entered a plea of not guilty. That charge remains pending, with a trial scheduled to
23		-	commence in January 2026.
24		-	Sec. 3. (a) An ad hoc committee (the “Committee”) was established by memorandum of
25		-	Council Chairman Phil Mendelson on August 23, 2024. Pursuant to Rule 651(c), the Committee was charged with: (1) investigating allegations that Councilmember Trayon White, Sr. engaged in bribery and violated residency requirements, and (2) reporting its findings and penalty recommendations, if any, to the Council within 90 days of being convened. The Council Period 25 Rules of Organization and Procedure and Appointment of Committee Chairpersons and Membership Amendment Resolution of 2024, effective September 17, 2024 (Res. 25-634; 71
26		-	DCR 11536), authorized the Committee to investigate “whether Councilmember Trayon White violated the law by residing in a ward other than Ward 8 or violated the Code of Conduct, as that term is defined in section 101(7) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01(7)), or Council Rules, including those ENROLLED ORIGINAL
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	4	+	______________________________1
	5	+	Chairman Phil Mendelson 2
	6	+	3
	7	+	4
	8	+	5
	9	+	A PROPOSED RESOLUTION 6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	To adopt the findings, conclusions, and recommendations from the Committee Report of the Ad 17
	21	+	Hoc Committee In Re: Trayon White, Sr., and to expel Councilmember Trayon White, 18
	22	+	Sr. from the Council for the conduct referenced in the Committee Report that violated 19
	23	+	D.C. Official Code §1-1162.23 and D.C. Official Code §1-618.01, in addition to Council 20
	24	+	Rule 202(a) and several provisions of the Council’s Code of Official Conduct, and the 21
	25	+	District’s Ethics Act. 22
	26	+	23
	27	+	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 24
	28	+	resolution may be cited as the “Expulsion of Councilmember Trayon White, Sr. Resolution of 25
	29	+	2024”. 26
	30	+	Sec. 2. On August 18, 2024, the Federal Bureau of Investigation (“FBI”) arrested 27
	31	+	Councilmember Trayon White, Sr. pursuant to a federal criminal complaint charging him with 28
	32	+	one count of bribery in violation of 18 U.S.C. § 201(b)(2). A Grand Jury for the District of 29
	33	+	Columbia returned an indictment charging Councilmember White with violating 18 U.S.C. § 30
	34	+	201(b)(2) (bribery) on September 5, 2024. Councilmember White was arraigned on September 31
	35	+	12, 2024, and entered a plea of not guilty. That charge remains pending, with a trial scheduled to 32
	36	+	commence in January 2026. 33
	37	+	Sec. 3. (a) An ad hoc committee (the “Committee”) was established by memorandum of 34
	38	+	Council Chairman Phil Mendelson on August 23, 2024. Pursuant to Rule 651(c), the Committee 35
	39	+	was charged with: (1) investigating allegations that Councilmember Trayon White, Sr. engaged 36
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31	41
32		-	provisions of the Code of Conduct or the Council Rules that relate to conflicts of interest, taking
33		-	any action that adversely affects the confidence of the public in the integrity of the District
34		-	government, outside activities, use of government resources, or acting solely in the public
35		-	interest.”
36		-	(b) The Committee engaged outside counsel, Latham and Watkins, LLP ( “Latham”), to
37		-	conduct an investigation. Councilmember White declined through counsel to be interviewed by
38		-	Latham. Councilmember White also declined through counsel to appear before the Committee,
39		-	both prior to and after the completion of Latham’s investigative report.
40		-
41		-	Sec. 4. (a) On December 16, 2024, the Committee unanimously approved to recommend
42		-	to the Council the sanction of expulsion of Councilmember Trayon White, Sr. and approved the
43		-	Committee Report.
44		-	(b) The Committee adopted the findings of the report prepared by Latham and
45		-	determined that substantial evidence in totality exists to support violations of D.C. Official Code
46		-	§ 1-1162.23 and D.C. Official Code § 1-618.01, magnified by violation s of Rule 202(a) of the
47		-	Rules of the Council for Council Period 25 and various rules of the Council’s Code of Official
48		-	Conduct.
49		-
50		-	Sec. 5. D.C. Official Code violations.
51		-	(a) D.C. Official Code § 1-1162.23 prohibits an employee from using his or her official
52		-	position or title, or personally and substantially participating, through decision, approval,
53		-	disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial
54		-	or other proceeding, application, request for a ruling or other determination, contract, claim,
55		-	controversy, charge, accusation, arrest, or other particular matter, or attempting to influence the
56		-	outcome of a particular matter, in a manner that the employee knows is likely to have a direct
57		-	and predictable effect on the employee’s financial interests or the financial interests of a person
58		-	closely affiliated with the employee. See also Rule I(a) of the Council’s Code of Official Conduct
59		-	for Council Period 25.
60		-	(b) D.C. Official Code § 1-618.01 requires each employee, member of a board or
61		-	commission, and public official of the District government to “at all times maintain a high level
62		-	of ethical conduct in connection with the performance of official duties, and [to] refrain from
63		-	taking, ordering, or participating in any official action which would adversely affect the
64		-	confidence of the public in the integrity of the District government.”
65		-	(c) Councilmember White’s June 26, 2024, and July 17, 2024, meeting s with an FBI
66		-	confidential human source (“CHS 1”) where Councilmember White accepted a $15,000 cash
67		-	payment from CHS 1, discussed plans to meet with District government employees based on
68		-	CHS 1’s payment, discussed other opportunities to help CHS 1 secure further business with
69		-	District agencies, accepted CHS 1’s offer of a 3% kickback of each contract or grant’s value that
70		-	Councilmember White assisted in securing, and discussed potential expansion of his and CHS ENROLLED ORIGINAL
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	42	+	in bribery and violated residency requirements, and (2) reporting its findings and penalty 37
	43	+	recommendations, if any, to the Council within 45 days of being convened. Resolution 25-634, 38
	44	+	the “Council Period 25 Rules of Organization and Procedure and Appointment of Committee 39
	45	+	Chairpersons and Membership Amendment Resolution of 2024” authorized the Committee to 40
	46	+	investigate “whether Councilmember Trayon White violated the law by residing in a ward other 41
	47	+	than Ward 8 or violated the Code of Conduct, as that term is defined in section 101(7) of the 42
	48	+	Board of Ethics and Government Accountability Establishment and Comprehensive Ethics 43
	49	+	Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official 44
	50	+	Code § 1-1161.01(7)), or Council Rules, including those provisions of the Code of Conduct or 45
	51	+	the Council Rules that relate to conflicts of interest, taking any action that adversely affects the 46
	52	+	confidence of the public in the integrity of the District government, outside activities, use of 47
	53	+	government resources, or acting solely in the public interest.” 48
	54	+	(b) The Committee engaged outside counsel (“Latham and Watkins, LLP” or “Latham”) 49
	55	+	to conduct an investigation. Councilmember White declined through counsel to be interviewed 50
	56	+	by outside counsel. Councilmember White also declined through counsel to appear before the 51
	57	+	Committee, both prior to and after the completion of outside counsel’s investigative report. 52
	58	+	Sec. 4. (a) On December 16, 2024, the Committee unanimously approved to recommend 53
	59	+	to the Council the sanction of expulsion of Councilmember Trayon White, Sr. and approved the 54
	60	+	Committee Report. 55
	61	+	(b) The Committee adopted the findings of the report prepared by outside counsel 56
	62	+	retained in this matter, including the determination that substantial evidence in totality exists to 57
	63	+	support violations of D.C. Official Code §1-1162.23 and D.C. Official Code §1-618.01, 58
	64	+	magnified by violations of Rule 202(a) of the Rules of the Council for Council Period 25 and 59
	65	+	various rules of the Council’s Code of Conduct. 60
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75	67
76		-	1’s enterprise into the mental healthcare and housing sectors are consistent with a violation of the
77		-	statutory provisions identified in subsections (a) and (b) of this section as established by the
78		-	Latham report.
79		-
80		-	Sec. 6. Council Code of Official Conduct violations.
81		-	(a) Rule I(e)(1) provides that “[a]n employee shall not receive any compensation, salary,
82		-	or contribution to salary, gratuity, or any other thing of value from any source other than the District government for the employee’s performance of official duties.”
83		-	(b) Rule II(a)(1) provides that “[n] o employee shall engage in outside employment or
84		-	private activity that conflicts or would appear to conflict with the fair, impartial, and objective performance of the employee’s official duties and responsibilities or with the efficient operation of the Council.”
85		-	(c) Rule II(c)(1)(A) and (B) prohibit an employee from representing another person,
86		-	having a financial interest, or providing assistance in prosecuting a claim against the District of Columbia before any regulatory agency or court of the District of Columbia, or from representing another person before any regulatory agency or court of the District of Columbia in a matter in which the District of Columbia is a party or has a direct and substantial interest.
87		-	(d) Rule III(e)(2) provides that, except as provided in Rule IV, no employee shall
88		-	“[d]irectly or indirectly demand, seek, receive, accept, or agree to receive or accept anything of
89		-	value personally or for any other person or entity, in return for:
90		-	“(A) Any official act performed or to be performed by the employee; “(B) Being influenced in the performance of any official act; “(C) Being influenced to commit or aid in committing, or to collude in, or allow,
91		-	any fraud, or make opportunity for the commission of any fraud, on the District of Columbia; or
92		-	“(D) Being induced to do or omit to do any act in violation of the employee’s
93		-	official duty.”
94		-	(e) Rule VI(b)(1) and (3) state that “[a]n employee may not knowingly use the
95		-	prestige of office or public position for that employee’s private gain or that of another[,]” and that “Council employees shall not use or permit the use of their position or title or any authority associated with their public office in a manner that could reasonably be construed to imply that the Council sanctions or endorses the personal or business activities of another, unless the Council has officially sanctioned or endorsed the activities.”
96		-	(f)(1) On 4 separate occasions between June 2024 and August 2024, Councilmember
97		-	White accepted cash payments from CHS 1 .
98		-	(2) The cash payments described in paragraph (1) of this subsection totaled $35,000. (3) Councilmember White knew at the time of accepting these cash payments that CHS 1 operated several businesses holding or seeking contracts or grants with the District of
99		-	Columbia, or that CHS 1 had received subcontracts or subgrants from businesses that contracted ENROLLED ORIGINAL
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	68	+	Sec. 5. D.C. Official Code Violations 61
	69	+	(a) D.C. Official Code §1-1162.23 prohibits an employee from using his or her 62
	70	+	official position or title, or personally and substantially participating, through decision, approval, 63
	71	+	disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial 64
	72	+	or other proceeding, application, request for a ruling or other determination, contract, claim, 65
	73	+	controversy, charge, accusation, arrest, or other particular matter, or attempting to influence the 66
	74	+	outcome of a particular matter, in a manner that the employee knows is likely to have a direct 67
	75	+	and predictable effect on the employee’s financial interests or the financial interests of a person 68
	76	+	closely affiliated with the employee. See also Rule I(a) of the Council’s Code of Conduct for 69
	77	+	Period 25. 70
	78	+	(b) D.C. Official Code §1-618.01 requires each employee, member of a board or 71
	79	+	commission, and public official of the District government to at all times maintain a high level of 72
	80	+	ethical conduct in connection with the performance of official duties, and to refrain from taking, 73
	81	+	ordering, or participating in any official action which would adversely affect the confidence of 74
	82	+	the public in the integrity of the District government. 75
	83	+	(c) Councilmember White’s June 26, 2024 and July 17, 2024 meetings with an FBI 76
	84	+	confidential human source (“CHS 1”) where Councilmember White accepted a $15,000 cash 77
	85	+	payment from CHS 1, discussed plans to meet with District government employees based on 78
	86	+	CHS 1’s payment, discussed other opportunities to help CHS 1 secure further business with 79
	87	+	District agencies, accepted CHS 1’s offer of a 3% kickback of each contract or grant’s value that 80
	88	+	Councilmember White assisted in securing, and discussing potential expansion of his and CHS 81
	89	+	1’s enterprise into the mental healthcare and housing sectors are consistent with a violation of the 82
	90	+	statutes in subsections (a) and (b) of this section as established by the Latham report. 83
	91	+	84
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104	93
105		-	with the District of Columbia.
106		-	(4) Councilmember White accepted those cash payments in exchange for agreeing
107		-	to meet with and influence various government officials to ensure the contracts of CHS 1’s
108		-	organizations would be renewed.
109		-	(5) Councilmember White agreed to accept $156,000 in undisclosed kickbacks
110		-	and cash payments in exchange for using his official position as a Councilmember to help
111		-	organizations obtain or retain contracts or grants with District agencies.
112		-	(6) Councilmember White reviewed a ledger with CHS 1 that outlined profits he
113		-	expected to receive for his continued work, including a 3% cut for grant renewals he helped
114		-	secure.
115		-	(7) Councilmember White confirmed that he had contacted government
116		-	employees to discuss contract renewal, and stated he discussed contracts over which CHS 1 had
117		-	a direct interest.
118		-	(8) Councilmember White met with Department of Youth Rehabilitation Services
119		-	(“DYRS”) and Office of Neighborhood Safety and Engagement (“ONSE”) officials within days
120		-	of his multiple meetings with CHS 1 in July 2024 and he asserted to CHS 1 that he had held such
121		-	meetings and discussed with those DYRS and ONSE officials matters over which the CHS 1 had
122		-	a direct interest.
123		-	(9) The facts asserted above are consistent with violation s of the Council Code of
124		-	Official Conduct described in subsections (a) through (e) of this section as established by the
125		-	Latham report.
126		-
127		-	Sec. 7. The Council adopts the findings and recommendations in the December 16, 2024, report of the Ad Hoc Committee, which include the findings and recommendations in the December 10, 2024, Report of Investigation of Councilmember Trayon White, Sr. Pursuant to September 17, 2024 D.C. Council Resolution 25-634 prepared by Latham.
128		-	Sec. 8. To maintain the confidence of the public in the integrity of the legislative branch of
129		-	government, the Council:
130		-	(a) Expresses its disapproval of the actions of Councilmember Trayon White, Sr. as
131		-	detailed in the December 16, 2024, report of the Ad Hoc Committee ;
132		-	(b) Notes that the degree and severity of Councilmember White’s actions, including his
133		-	discussions of maintaining and his expressed desire to expand the activities detailed in the Committee Report essentially amount to an attempt to defraud the government and demonstrate a
134		-	particularly callous disregard for the potential effect on the Council as an institution, as well as the District government as a whole; and
135		-	(c) Hereby expels Councilmember Trayon White Sr. for committing acts in violation of
136		-	D.C. Official Code § 1- 1162.23 and D.C. Official Code § 1- 618.01, the gravity of which is
137		-	underscored by acts committed in violation of the standards specified in the Council’s Code of ENROLLED ORIGINAL
138		-
139		-
140		-
	94	+	Sec. 6. Council Rules and Code of Conduct Violations. 85
	95	+	(a) Rule I(e)(1) prohibits an employee from receiving any compensation, salary, or 86
	96	+	contribution to salary, gratuity, or any other thing of value from any source other than the 87
	97	+	District government for the employee’s performance of official duties. 88
	98	+	(b) Rule II(a)(1) provides that no employee shall engage in outside employment or 89
	99	+	private activities that conflicts or would appear to conflict with the fair, impartial, and objective 90
	100	+	performance of the employee’s official duties and responsibilities or with the efficient operation 91
	101	+	of the Council. 92
	102	+	(c) Rule II(c)(1)(A) and (B) prohibits an employee from representing another person, 93
	103	+	having a financial interest, or providing assistance in prosecuting a claim against the District of 94
	104	+	Columbia before any regulatory agency or court of the District of Columbia, or from 95
	105	+	representing another person before any regulatory agency or court of the District of Columbia in 96
	106	+	a matter in which the District of Columbia is a party or has a direct and substantial interest. 97
	107	+	(d) Rule III(e)(2) provides that, except as provided in Rule IV, no employee shall 98
	108	+	directly or indirectly demand, seek, receive, accept, or agree to receive or accept anything of 99
	109	+	value personally or for any other person or entity, in return for: 100
	110	+	(1) Any official act performed or to be performed by the employee; 101
	111	+	(2) Being influenced in the performance of any official act; 102
	112	+	(3) Being influenced to commit or aid in committing, or to collude in, or allow, any 103
	113	+	fraud, or make opportunity for the commission of any fraud, on the District of Columbia; or 104
	114	+	(4) Being induced to do or omit to do any act in violation of the employee’s official 105
	115	+	duty. 106
	116	+	(e) Rule VI(b)(1) and (3) state that an employee may not knowingly use the prestige 107
	117	+	of office or public position for that employee’s private gain or that of another, and that Council 108
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143		-	Official Conduct and the District’s Ethics Act.
	120	+	employees shall not use or permit the use of their position or title or any authority associated 109
	121	+	with their public office in a manner that could reasonably be construed to imply that the Council 110
	122	+	sanctions or endorses the personal or business activities of another, unless the Council has 111
	123	+	officially sanctioned or endorsed the activities. 112
	124	+	(f) (1) On 4 separate occasions between June 2024 and August 2024, Councilmember 113
	125	+	White accepted cash payments from CHS 1. 114
	126	+	(2) The cash payments described in paragraph (1) of this subsection totaled 115
	127	+	$35,000. 116
	128	+	(3) Councilmember White knew at the time of accepting these cash payments that 117
	129	+	CHS 1 operated several businesses holding or seeking contracts or grants with the District of 118
	130	+	Columbia, or that CHS 1 had received subcontracts or subgrants from businesses that contracted 119
	131	+	with the District of Columbia. 120
	132	+	(4) Councilmember White accepted those cash payments in exchange for agreeing 121
	133	+	to meet with and influence various government officials to ensure the contracts of CHS 1’s 122
	134	+	organizations would be renewed. 123
	135	+	(5) Councilmember White agreed to accept $156,000 in undisclosed kickbacks 124
	136	+	and cash payments in exchange for using his official position as a Councilmember to help 125
	137	+	organizations obtain or retain contracts or grants with District agencies. 126
	138	+	(6) Councilmember White reviewed a ledger with CHS 1 that outlined profits he 127
	139	+	expected to receive for his continued work, including a 3% cut for grant renewals he helped 128
	140	+	secure. 129
	141	+	(7) Councilmember White confirmed that he had contacted government 130
	142	+	employees to discuss contract renewal, and stated he discussed contracts over which CHS 1 had 131
	143	+	a direct interest. 132
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144	145
145		-	Sec. 9. The expulsion of Councilmember Trayon White, Sr. creates a vacancy in the
146		-	Ward 8 m ember seat on the Council of the District of Columbia.
	146	+	(8) Councilmember White met with Department of Youth Rehabilitation Services 133
	147	+	(“DYRS”) and Office of Neighborhood Safety and Engagement (“ONSE”) officials within days 134
	148	+	of his multiple meetings with CHS 1 in July 2024 and he asserted to CHS 1 that he had held such 135
	149	+	meetings and discussed with those DYRS and ONSE officials matters over which the CHS 1 had 136
	150	+	a direct interest. 137
	151	+	(9) The facts asserted above are consistent with a violation of the Council 138
	152	+	Conduct Rules described in subsections (a) through (e) of this section as established by the 139
	153	+	Latham report 140
	154	+	Sec. 6. The Council adopts the findings and recommendations in the December 16, 2024 141
	155	+	report of the Ad Hoc Committee. 142
	156	+	Sec. 7. To maintain the confidence of the public in the integrity of the legislative branch of 143
	157	+	government, the Council: 144
	158	+	(1) Expresses its disapproval of the actions of Councilmember Trayon White, Sr. 145
	159	+	as detailed in the December 16, 2024 report of the Ad Hoc Committee; 146
	160	+	(2) Notes that the degree and severity of Councilmember White’s actions, including 147
	161	+	his discussions of maintaining and his expressed desire to expand the activities detailed in the 148
	162	+	Committee Report essentially amount to an attempt to defraud the government and demonstrates 149
	163	+	a particularly callous disregard for the potential effect on the Council as an institution, as well as 150
	164	+	the District government as a whole; and 151
	165	+	(3) Hereby expels Councilmember Trayon White Sr. for committing acts in 152
	166	+	violation of D.C. Official Code §1-1162.23 and D.C. Official Code §1-618.01, the gravity of which 153
	167	+	is underscored by acts committed in violation of the standards specified in the Council’s Conduct 154
	168	+	Rules and the District’s Ethics Act. 155
	169	+	Sec. 8. The Council shall transmit a copy of this resolution, upon its adoption, to 156
	170	+	7
147	171
148		-	Sec. 10. The Council shall transmit a copy of this resolution, upon its adoption, to
149		-	Councilmember Trayon White, Sr and the District of Columbia Board of Elections.
150		-
151		-	Sec. 11. This resolution shall take effect immediately.
	172	+	Councilmember Trayon White, Sr. 157
	173	+	Sec. 9. This resolution shall take effect immediately. 158