(Mar. 3, 1979, D.C. Law 2-139, § 1501, 25 DCR 5740; Oct. 7, 1998, D.C. Law 12-160, § 102(b), 45 DCR 5147.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-616.1.
1973 Ed., § 1-345.1.
Emergency Act Amendments
For temporary repeal of §§ 1-615.01 through 1-615.03, see § 102(b) of the Whistleblower Reinforcement Emergency Amendment Act of 1998 (D.C. Act 12-400, July 13, 1998, 45 DCR 5158) and § 102(b) of the Whistleblower Reinforcement Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-464, October 28, 1998, 45 DCR 7821).
Legislative History of Laws
For legislative history of D.C. Law 12-160, see Historical and Statutory Notes following § 1-602.01.
(Mar. 3, 1979, D.C. Law 2-139, § 1502, 25 DCR 5740; Oct. 7, 1998, D.C. Law 12-160, § 102(b), 45 DCR 5147.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-616.2.
1973 Ed., § 1-345.2.
Emergency Act Amendments
See Historical and Statutory Notes following § 1-615.01.
Legislative History of Laws
For legislative history of D.C. Law 12-160, see Historical and Statutory Notes following § 1-602.01.
(Mar. 3, 1979, D.C. Law 2-139, § 1503, 25 DCR 5740; Sept. 26, 1990, D.C. Law 8-169, § 2(a), 37 DCR 4835; Oct. 7, 1998, D.C. Law 12-160, § 102(b), 45 DCR 5147.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-616.3.
1973 Ed., § 1-345.3.
Emergency Act Amendments
See Historical and Statutory Notes following § 1-615.01.
Legislative History of Laws
For legislative history of D.C. Law 12-160, see Historical and Statutory Notes following § 1-602.01.
(a) For purposes of this section, "consumer protection law" shall include any law intended to protect, or which does in fact protect, individual consumers from unfair, deceptive, or misleading acts or practices; or the nondisclosure of product quality, weight, size, or performance. Any employee who administers, enforces, or implements any health, safety, environmental, or consumer protection law, or any rules and regulations promulgated for the enforcement of such laws, is a fiduciary to any individual or class of individuals intended to be protected, or who are in fact protected, from injury or harm, or risk of injury or harm, by laws, rules and regulations, and, as a fiduciary, is obligated to protect such individual or class of individuals.
(b) Any individual or class of individuals may commence a civil action on his or her or their own behalf against any employee or employees in any agency for breach of a fiduciary duty upon showing that said employee or employees by his or her or their acts or omissions has or have exposed said individual or class of individuals to an injury or harm, or risk of injury or harm, from which they are to be protected by the employee or employees. Such action may be brought in the Superior Court of the District of Columbia. The District of Columbia, through the Corporation Counsel, shall defend any employee or employees against whom such action is commenced. Such employee or employees may, however, at his or her or their option, provide for his or her or their own defense.
(c) If the Court finds that any employee or employees have breached their fiduciary duty by any act or omission or by any series of acts or omissions, the Court shall do the following:
(1) Order performance or cessation of performance, as appropriate; and
(2) Take any other appropriate action, including the assessment of fines not to exceed $1,000, against any employee or employees within the agency who has or have breached the duties of the fiduciary relationship.
(Mar. 3, 1979, D.C. Law 2-139, § 1504, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-616.4.
1973 Ed., § 1-345.4.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
(a)(1) Any citizen shall have a right to commence a suit in the Superior Court of the District of Columbia on behalf of the District government to recover funds which have been improperly paid by the District government while there exists any conflict of interest on the part of the employee or employees directly or indirectly responsible for such payment.
(2) It shall be an affirmative defense to any action under this section that the defendant did not know or have reason to know of the conflict of interest.
(b) Any citizen who commences a suit under this section shall be entitled to 10 percent of the amount recovered for the District. The prevailing party shall recover reasonable attorney's fees and other costs incidental to the action.
(c) The right of a citizen to commence and maintain a suit under this section shall continue notwithstanding any action taken by the Corporation Counsel or any United States attorney: Provided, however, that if the District shall first commence suit, a citizen may not commence a suit under this section: Provided, further, however, that if the District shall fail to carry on such suit with due diligence within a period of 6 months or within such additional time as the Court may allow, a citizen may commence a suit under this section and such suit shall continue notwithstanding any action taken by the Corporation Counsel or any United States attorney.
(Mar. 3, 1979, D.C. Law 2-139, § 1505, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-616.5.
1973 Ed., § 1-345.5.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
