(a) There is established a District of Columbia Board of Ethics and Government Accountability, whose purpose shall be to:
(1) Administer and enforce the Code of Conduct;
(2) Appoint a Director of the Open Government Office;
(3) Appoint a Director of the Ethics Board;
(4) Receive, investigate, and adjudicate violations of the Code of Conduct;
(5) Conduct mandatory training on the Code of Conduct;
(6) Produce ethics training materials, including summary guidelines for all applicable laws and regulations;
(7) Produce a plain-language ethics guide;
(8) Issue rules and regulations governing the ethical conduct of employees and public officials; and
(9) Establish an anonymous and confidential telephone hotline for the purpose of receiving information related to violations of the Code of Conduct or other information with regard to the administration or enforcement of the Code of Conduct.
(b) The Ethics Board shall conduct a detailed assessment of ethical guidelines and requirements for employees and public officials to include a review of national best practices of government ethics law, and produce, within 240 days of April 27, 2012, recommendations for amending the Code of Conduct. Thereafter, the Ethics Board shall submit recommendations on December 31 of each year. The recommendations shall include:
(1) Whether to adopt local laws that are similar in nature to federal ethics laws;
(2) Whether to adopt post-employment restrictions;
(3) Whether to adopt ethics laws pertaining to contracting and procurement;
(4) Whether to adopt nepotism and cronyism prohibitions;
(5) Whether to criminalize violations of ethics laws;
(6) Whether to expel a member of the Council for certain violations of the Code of Conduct;
(7) Whether to regulate campaign contributions from affiliated or subsidiary corporations; and
(8) Any other matter as determined by the Ethics Board.
(Apr. 27, 2012, D.C. Law 19-124, § 202, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition of section, see § 1073 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) addition of section, see § 1073 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
Miscellaneous Notes
Section 1073 of D.C. Law 19-168 provides:
"Sec. 1073. Any matter arising after January 29, 2012, from a violation of Title I, Subtitle C of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012, effective January 29, 2012 (D.C. Act 19-298; 59 DCR 683), or Title II, Subtitle C of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2012, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.), may be enforced by the Elections Board until October 1, 2012, after which pending matters shall be transferred to the Ethics Board for enforcement."
(a) The Ethics Board shall consist of 3 members, no more than 2 of whom shall be of the same political party, appointed by the Mayor, with the advice and consent of the Council. Members shall be appointed to serve for terms of 6 years, except the members first appointed. Of the members first appointed, one member shall be appointed to serve for a 2-year term, one member shall be appointed to serve for a 4-year term, and one member shall be appointed to serve for a 6-year term, as designated by the Mayor.
(b)(1) The Mayor shall submit a nomination for membership on the Ethics Board to the Council for a 45-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination, by resolution, within the 45-day review period, the nomination shall be deemed disapproved.
(2) Within 45 days of April 27, 2012, the Mayor shall submit to the Council for its review pursuant to paragraph (1) of this subsection the nominations for initial appointment to the Ethics Board.
(c) The Mayor shall designate the Chairman of the Ethics Board.
(d) Any person appointed to fill a vacancy on the Ethics Board shall be appointed only for the unexpired term of the member whose vacancy he or she is filling.
(e) A vacancy shall be noticed in the District of Columbia Register.
(f) A member may be reappointed, and, if not reappointed, the member may serve until the member's successor has been appointed and approved.
(g) When appointing and approving a member of the Ethics Board, the Mayor and Council shall consider whether the individual possesses demonstrated integrity, independence, and public credibility, and whether the individual has particular knowledge, training, or experience in government ethics or in public transparency.
(h) A person shall not be a member of the Ethics Board unless he or she:
(1) Is a duly registered voter;
(2) Has resided in the District continuously since the beginning of the one-year period ending on the day he or she is appointed; and
(3) Holds no other office or employment in the District government.
(i) An Ethics Board member shall not:
(1) Act as a leader or hold any office in a District political organization;
(2) Make speeches for a District political organization or candidate, or publicly endorse or oppose a District of Columbia candidate for public office;
(3) Solicit funds for, pay an assessment to, or make a contribution to a District political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a District of Columbia political organization or candidate;
(4) Be a lobbyist;
(5) Use his or her status as a member to directly or indirectly attempt to influence any decision of the District government relating to any action that is not within the Ethics Board's purview; or
(6) During the member's tenure on the Ethics Board, be convicted of having committed a felony in the District of Columbia, or if the crime is committed elsewhere, convicted of an offense that would have been a felony if it had been committed in the District of Columbia.
(j) A member of the Ethics Board may be removed for good cause, including engaging in any activity prohibited by subsections (h) or (i) of this section, in accordance with the following procedure:
(1) When the Mayor believes that there is good cause to remove a member, the Mayor shall notify the member in writing by personal service or by certified or registered mail, setting out the alleged cause and advising the member that he or she has 7 days in which to request a hearing before the Council.
(2) If the member fails to request a hearing within 7 days after receiving the notice, the Mayor may remove the member and appoint a new member to serve until the expiration of the term of the member removed.
(3) If within 7 days of receiving notice from the Mayor, the member requests a hearing, the Mayor shall promptly notify the Council, and the Council shall convene the hearing within 30 calendar days after receiving notice from the Mayor that a member has requested a hearing.
(4) At the conclusion of the hearing, the Council shall vote on whether to remove the member. If 2/3rds of the Council votes to remove a member, the member shall be removed and the Mayor shall appoint a new member to serve until the expiration of the term of the member removed.
(5) If less than 2/3rds of the Council votes to remove a member, the member shall not be removed.
(Apr. 27, 2012, D.C. Law 19-124, § 203, 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 shall hold regular monthly meetings in accordance with a schedule to be established by the Ethics Board. Additional meetings may be called as needed by the Ethics Board.
(b) The Ethics Board shall provide notice of meetings and shall conduct its meetings in compliance with subchapter IV of Chapter 5 of Title 2.
(Apr. 27, 2012, D.C. Law 19-124, § 204, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) Each member of the Ethics Board, excluding the Chairman, shall receive compensation, as provided in § 1-611.08, while actually in the service of the Ethics Board, for a sum not to exceed $12,500 per annum.
(b) The Chairman of the Ethics Board shall receive compensation, as provided in § 1-611.08, while actually in the service of the Ethics Board, for a sum not to exceed $26,500 per annum.
(Apr. 27, 2012, D.C. Law 19-124, § 205, 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 shall select, employ, and fix the compensation for a Director of Government Ethics and such staff as the Ethics Board considers necessary, subject to the pay limitations of § 1-611.16. The Director of Government Ethics shall serve at the pleasure of the Ethics Board. The Ethics Board shall provide to the Director of Government Ethics employees to carry out the powers and duties of the Director of Government Ethics. Employees assigned to the Director of Government Ethics, while so assigned, shall be under the direction and control of the Director of Government Ethics and may not be reassigned without the concurrence of the Director of Government Ethics.
(b) The Director of Government Ethics shall be a District resident and failure to maintain District residency shall result in forfeiture of the position.
(c) The staff of the Ethics Board shall be subject to the Code of Conduct, and the Ethics Board shall promulgate such regulations as may be necessary to ensure that all persons responsible for the proper administration of this subchapter maintain a position of strict impartiality and refrain from any activity that would imply support or opposition to an Ethics Board investigation.
(Apr. 27, 2012, D.C. Law 19-124, § 206, 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, with approval by the Ethics Board, shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of subchapter IV of Chapter 2 of this title for the year, annual estimates of the expenditures and appropriations necessary for the operation of the Ethics Board for the year. All such estimates shall be forwarded by the Mayor to the Council for its action pursuant to §§ 1- 204.46 and 1-206.03(c) , in addition to the Mayor's recommendations.
(b) Before Fiscal Year 2013, upon the request of any member of the Ethics Board, the Mayor shall provide the Ethics Board with suitable office space in a publicly owned or leased building for the administration and enforcement of this subchapter. Furnishings, information technology services and equipment, and supplies to this office space shall also be provided upon request.
(Apr. 27, 2012, D.C. Law 19-124, § 207, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) Two members of the Ethics Board shall constitute a quorum for the transaction of business.
(b) The Ethics Board may delegate to an individual member or to the Director of Government Ethics its power to investigate or hold a hearing.
(Apr. 27, 2012, D.C. Law 19-124, § 208, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
The Ethics Board, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter, including rules for the administration of preliminary investigations, formal investigations, and hearings related to violations of the Code of Conduct or other provisions of this subchapter.
(Apr. 27, 2012, D.C. Law 19-124, § 209, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
(a) There is established as a nonlapsing fund the Board of Ethics and Government Accountability Fund ("Accountability Fund"), which shall be administered by the Ethics Board. The funds in the Accountability Fund shall be used exclusively by the Ethics Board. All fines collected under § 1- 1162.21 and part E of this subchapter shall be deposited into the Accountability Fund.
(b) All funds deposited into the Accountability Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this subchapter without regard to fiscal year limitation, subject to authorization by Congress.
(Apr. 27, 2012, D.C. Law 19-124, § 210, 59 DCR 1862.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-124, see notes under § 1-1161.01.
