The Director of Government Ethics, approved by the Ethics Board, shall have the power to:
(1) Require any person to submit, within a reasonable period and under oath or otherwise as the Director of Government Ethics may determine, written reports and answers to questions that the Director of Government Ethics may propound relating to the administration and enforcement of this subchapter;
(2) Administer oaths;
(3) Require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of the Ethics Board's duties; provided, that subpoenas issued under this paragraph shall be issued by the Director of Government Ethics only upon approval of a majority of the Ethics Board and served either personally or by certified or registered mail;
(4) Order testimony to be taken by deposition in a proceeding or investigation before any person who is designated by the Director of Government Ethics and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under this section;
(5) Pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia;
(6) Institute or conduct, on the Director of Government Ethics' own motion, a preliminary investigation into alleged violations of the Code of Conduct or other violations of this subchapter;
(7) Retain, on a temporary basis, consultants, including attorneys or others, on a pro bono basis, as necessary to administer and enforce this subchapter; and
(8) Require any person to submit through an electronic format or medium a report required pursuant to this subchapter.
(Apr. 27, 2012, D.C. Law 19-124, § 211, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) The Director of Government Ethics shall conduct a preliminary investigation of a possible violation the Code of Conduct or of this subchapter brought to the attention of the Director of Government Ethics or the Ethics Board through the following sources:
(1) The media;
(2) A tip received through the hotline; or
(3) Documents filed with the Ethics Board.
(b) If during or after the preliminary investigation, the Director of Government Ethics has reason to believe that a violation of the Code of Conduct or of this subchapter may have occurred, the Director of Government Ethics shall present evidence of the violation to the Ethics Board. Upon presentation of evidence, the Ethics Board may authorize a formal investigation and the issuance of subpoenas if it finds reason to believe a violation has occurred.
(c) A preliminary investigation may be dismissed by the Director of Government Ethics or the Ethics Board if insufficient evidence exists to support a reasonable belief that a violation has occurred.
(d) The identity of an individual who is the subject of the preliminary investigation shall not be disclosed without the individual's consent unless or until the Ethics Board has found reason to believe that the individual has committed a violation and the Ethics Board finds that disclosure would not harm the investigation.
(Apr. 27, 2012, D.C. Law 19-124, § 212, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) A formal investigation shall be initiated upon:
(1) Receipt of a written complaint transmitted to the Ethics Board;
(2) A finding by the Office of the Inspector General or District of Columbia Auditor of waste, fraud, abuse of government resources, or a violation of the Code of Conduct; or
(3) A finding by a court of competent jurisdiction of liability in a civil proceeding, indictment, or information in a criminal proceeding with respect to acts or offenses that may constitute violations of the Code of Conduct or of this subchapter.
(b) A written complaint shall include:
(1) The full name and address of the complainant and the respondent;
(2) A clear and concise statement of facts that are alleged to constitute a violation of the Code of Conduct or of this subchapter;
(3) The complainant's signature;
(4) A verification of the complaint under oath; and
(5) Supporting documentation, if any.
(c) No complaint may be made under this subchapter later than 5 years after the discovery of the alleged violation.
(d) An individual making a complaint shall be afforded all available protections from adverse employment action or retaliation in accordance with Chapter 6 of this title and subchapter XII of Chapter 2 of Title 2.
(e) Within 14 days of the initiation of a formal investigation, the Director of Government Ethics shall cause evidence concerning the complaint to be presented to the Ethics Board. If the Ethics Board decides that there is reasonable belief that a violation has occurred, the Ethics Board may authorize the issuance of subpoenas.
(Apr. 27, 2012, D.C. Law 19-124, § 213, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a)(1) After determining that there is reason to believe a violation has occurred based upon the presentation of evidence by the Director of Government Ethics pursuant to § 1-1162.12(b) or § 1-1162.13(e), the Ethics Board shall conduct an open and adversarial hearing at which the Director of Government Ethics shall present evidence of the violation. A hearing need not be conducted if a matter is dismissed pursuant to § 1-1162.16(a).
(2) If the Director of Government Ethics fails to present a matter, or advises the Ethics Board that insufficient evidence exists to present a matter or that an additional period of time is needed to investigate a matter further, the Ethics Board may order the Director of Government Ethics to present the matter as provided in paragraph (1) of this subsection.
(b) Any hearing under this section shall be of record and shall be held in accordance with Chapter 5 of Title 2.
(c) Any witness has a right to refuse to answer a question that might tend to incriminate the witness by claiming his or her Fifth Amendment privilege against self-incrimination.
(Apr. 27, 2012, D.C. Law 19-124, § 214, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) Following the presentation of evidence to the Ethics Board by the Director of Government Ethics in an adversary proceeding and an open hearing, the Ethics Board may:
(1) Levy a penalty in accordance with § 1-1162.21;
(2) Refer the matter to the United States Attorney for the District of Columbia for enforcement or prosecution;
(3) Refer the matter to the Attorney General of the District of Columbia for enforcement or prosecution; or.
(4) Dismiss the action.
(b) The Ethics Board may not refer information concerning an alleged violation of the Code of Conduct or of this subchapter to the United States Attorney for the District of Columbia or the Attorney General of the District of Columbia without the presentation of evidence by the Director of Government Ethics as provided in § 1-1162.14(a).
(Apr. 27, 2012, D.C. Law 19-124, § 215, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) The Ethics Board may dismiss, at any stage of the proceedings, any claim, complaint, request for investigation, investigation, or portion of an investigation that the Ethics Board finds to be without merit.
(b) The Ethics Board may require a person who made or caused to be made a claim, complaint, or request for investigation in bad faith and without merit to pay reasonable fees for time spent reviewing or investigating the claim, complaint, or requests for investigation.
(Apr. 27, 2012, D.C. Law 19-124, § 216, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
Appeals of any order or fine made by the Ethics Board in accordance with this subchapter shall be made to the Superior Court of the District of Columbia.
(Apr. 27, 2012, D.C. Law 19-124, § 217, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
The Superior Court of the District of Columbia may, upon petition by the Ethics Board, in case of refusal to obey a subpoena or order of the Ethics Board issued under § 1-1162.11(3), issue an order requiring compliance; and any failure to obey the order of the court may be treated by the court as contempt.
(Apr. 27, 2012, D.C. Law 19-124, § 218, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) Upon application made by an employee or public official subject to the Code of Conduct, the Ethics Board or the Director of Government Ethics shall, within a reasonable period of time, provide an advisory opinion as to whether a specific transaction or activity inquired of would constitute a violation of a provision of the Code of Conduct over which the Ethics Board has primary jurisdiction.
(b) An advisory opinion shall be published in the District of Columbia Register within 30 days of its issuance; provided, that the identity of a person requesting an advisory opinion shall not be disclosed in the District of Columbia Register without the person's prior consent in writing.
(c) If issued by the Director of Government Ethics, an advisory opinion may be appealed for consideration by the Ethics Board.
(d) There shall be no enforcement of a violation of the Code of Conduct taken against an employee or public official who relied in good faith upon an advisory opinion requested by that employee or public official; provided, that the employee or public official, in seeking the advisory opinion, made full and accurate disclosure of all relevant circumstances and information.
(Apr. 27, 2012, D.C. Law 19-124, § 219, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) The Director of Government Ethics shall produce a quarterly report detailing:
(1) The posture of each complaint it received, including whether an investigation was initiated, is ongoing, or has concluded;
(2) The referrals made to and from the Ethics Board;
(3) Fines and penalties imposed by the Ethics Board;
(4) Allegations dismissed by the Ethics Board; and
(5) Other action taken with regard to an allegation of a violation of the Code of Conduct.
(b) The quarterly report shall be posted online.
(Apr. 27, 2012, D.C. Law 19-124, § 220, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a)(1) In accordance with paragraph (2) of this subsection and except as provided in subsection (b) of this section, the Ethics Board may assess a civil penalty for a violation of the Code of Conduct of not more than $5,000 per violation, or 3 times the amount of an unlawful contribution, expenditure, gift, honorarium, or receipt of outside income for each violation. Each occurrence of a violation of this subchapter and each day of noncompliance with a requirement of this subchapter or an order of the Ethics Board shall constitute a separate offense.
(2) A civil penalty shall be assessed by the Ethics Board by order only after the person charged with a violation has been given an opportunity for a hearing, and after the Ethics Board has determined, by a decision incorporating its findings of facts, that a violation occurred.
(3) Notwithstanding the provisions of paragraph (2) of this subsection, the Ethics Board may issue a schedule of fines for violations of this subchapter, which may be imposed ministerially by the Director of Government Ethics. A civil penalty imposed under the authority of this paragraph may be appealed to the Ethics Board in accordance with the provisions of paragraph (2) of this subsection. The aggregate set of penalties imposed against each person under the authority of this paragraph may not exceed $5,000.
(4) In addition to any civil penalty imposed under this subchapter, a violation of the Code of Conduct may result in remedial action in accordance with Chapter 6 of this title.
(5)(A) If the person against whom a civil penalty is assessed fails to pay the penalty, the Ethics Board may file a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall be sent by registered or certified mail to the respondent and the respondent's attorney of record, if any, and the Ethics Board shall certify and file with the court the record upon which the order sought to be enforced was issued.
(B) The court shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside, in whole or in part, the order and the decision of the Ethics Board or it may remand the proceedings to the Ethics Board for such further action as it may direct. The court may determine de novo all issues of law, but the Ethics Board's findings of fact, if supported by substantial evidence, shall be conclusive.
(b)(1) Any person who commits a violation of the Code of Conduct that substantially threatens the public trust shall be fined not more than $25,000, or shall be imprisoned for not longer than one year, but not both.
(2)(A) Prosecutions of violations of this subsection shall be brought by the Attorney General of the District of Columbia; provided, that if the conduct also violates criminal provisions that could be prosecuted by the United States Attorney for the District of Columbia, the United States Attorney for the District of Columbia consents to the prosecution by the Attorney General of the District of Columbia.
(B) Notwithstanding subparagraph (A) of this paragraph, no prosecution for a violation of paragraph (1) of this subsection shall be made until the Ethics Board has conducted its study pursuant to § 1-1162.02(b) and the Council has, by law, specified violations of the Code of Conduct that substantially threaten the public trust.
(c) The provisions of this subchapter shall in no manner limit the authority of the United States Attorney for the District of Columbia.
(d) All actions of the Ethics Board, the Attorney General of the District of Columbia, or of the United States Attorney for the District of Columbia to enforce the provisions of this subchapter must be initiated within 5 years of the discovery of the alleged violation.
(e) Notwithstanding any other provision in this subchapter, all equitable remedies at law shall be available for violations of the Code of Conduct, which may be in addition to any civil penalty prescribed in this subchapter.
(f) The penalties set forth in this section shall not apply to part E of this subchapter.
(Apr. 27, 2012, D.C. Law 19-124, § 221, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) In addition to the penalties set forth in § 1-1162.21, the Ethics Board may censure a public official for a violation of the Code of Conduct that the Ethics Board finds to substantially threaten the public trust.
(b) The Ethics Board may recommend in such censure that the Council suspend or remove a Councilmember's committee chairmanship, if any, committee membership, if any, or vote in any committee.
(Apr. 27, 2012, D.C. Law 19-124, § 222, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
