§ 1-309.13. Advisory Neighborhood Commissions--Funds; audit of accounts; employees; financial reports; publications.

Prior Codifications

1981 Ed., § 1-264.

1973 Ed., § 1-711.

Effect of Amendments

D.C. Law 13-135 rewrote subsecs. (b) through (q), which formerly read:

"(b) Each Commission shall by resolution designate a commercial bank, savings and loan association, credit union, or any combination thereof, which is insured by the government of the United States pursuant to the Federal Deposit Insurance Act, approved September 21, 1950 (87 Stat. 873; 12 U.S.C. 1811 et seq.), and which is located within the District of Columbia, as a depository of all funds received by the Commission. Each Commission shall establish no more than one checking or negotiable order of withdrawal account. The Commission may deposit into any savings account created pursuant to this section funds not immediately needed for the operation of the Commission.

"(c) The treasurer of each Commission shall file with the Office of the District of Columbia Auditor, within 30 days of assuming the office of treasurer or within 30 days of any change in the requested information, on a form provided by the Auditor, a statement that includes the treasurer's name, home and business address and telephone number, the location of the books and records of the Commission and the name and location of any depository of the Commission's funds, including account numbers. The treasurer shall file with the District of Columbia Auditor and maintain in force during the treasurer's occupancy of the office a cash or surety bond in an amount and on a form satisfactory to the Auditor. Participation by a Commission in the Advisory Neighborhood Commission Security Fund established by § 1-264.1 shall satisfy the requirement of a cash or surety bond. The bylaws adopted by each Commission shall include a provision for filling in a timely manner a vacancy in the office of treasurer from among the remaining Commissioners. No expenditure shall be made by a Commission during a vacancy in the office of treasurer or at any time when a current and accurate statement and bond or its equivalent are not on file with the District of Columbia Auditor.

"(d) The District of Columbia Auditor shall audit the financial accounts of selected Commissions and maintain a database of financial information of each Commission for historical and expenditure trend analysis. The Auditor shall produce and submit to the Council a consolidated annual report of the financial activity of all the Commissions. The Auditor may audit the financial accounts of a Commission, at the discretion of the Auditor, upon the request by a member of the Council or a Commissioner of the Commission for which an audit is requested.

"(e) Each Commission shall, by resolution, designate the location at which the Commission's books and records shall be maintained which shall, if the Commission has a regular office, be the Commission office. The District of Columbia Auditor shall have access to the books and records of each Commission pursuant to § 47-117(c), and may issue subpoenas to banking and financial institutions requiring the production of financial documents and statements pursuant to an audit conducted under §§ 1-252 through 1-264.1. Such financial documents shall include, but not be limited to, bank statements, cancelled checks, and signature cards. The District of Columbia Auditor may apply to the Superior Court of the District of Columbia for an order enforcing the subpoena. Any failure to obey the order of the court may be punished by the Superior Court as civil contempt.

"(f) Any expenditure of funds by a Commission shall be authorized in writing by the treasurer or Chairman and recorded by the treasurer in the Commission's books of accounts. No expenditure of any amount shall be made without the specific authorization of the Commission. Any expenditure made by check shall be signed by at least 2 officers of the Commission, one of whom shall be the treasurer or Chairman. The check shall, prior to signature, contain the date of payment, the name of the payee, and the amount of the payment. No check may be made payable to cash. Any check shall be pre-numbered, shall bear the name of the Commission on its face, and shall be issued in consecutive order. The depository in which the Commission maintains a checking account shall be immediately notified of any change in Commission officers.

"(g) Disbursements of Commission funds exceeding $50 for personal service expenditures shall be specifically approved by the Commission at a public meeting prior to the disbursement. The approval shall be recorded in the minutes of the Commission meeting. Any personal services payment shall name the person who is to receive the payments, the rate of compensation, and the maximum hours of service, if less than full-time compensation. If an expenditure required to be approved pursuant to this subsection is made without the required authorization of the Commission, the expenditure shall be deemed to be a personal expense of the officer who authorized the payment, unless the Commission subsequently approves the expenditure.

"(h) Each Commission may establish a petty cash fund not to exceed $50 at any one time in accordance with procedures established for imprest funds by the D.C. Controller. The fund shall be reimbursed by the treasurer upon presentation of appropriate supporting documents. The treasurer may disburse to another Commission member or employee of the Commission an amount not in excess of $50 for authorized Commission expenditures through a Commission-established petty cash fund. A record of disbursements from the petty cash fund shall be kept by the treasurer in a manner consistent with other accounts of the Commission.

"(i) A Commission shall maintain its accounts on a fiscal year basis beginning October 1 and ending the following September 30.

"(j)(1) The treasurer of a Commission shall prepare a quarterly financial report on a form provided by the Auditor. The financial report shall be presented to the Commission for its consideration at a public meeting of the Commission within 30 days of the end of the quarter. A copy of the approved financial report, signed by the Chairman, the secretary, and the treasurer, shall be filed, along with a record of the vote adopting the report, with the District of Columbia Auditor within 7 days of approval. A financial report shall be available for public inspection during the normal office hours of the Commission.

"(2) No quarterly allotment shall be forwarded to a Commission until all reports of financial activity for the quarters preceding the immediate previous quarter are approved by the Auditor.

"(3) If, on the last day of the fiscal year, a Commission has not received a quarterly allotment because it failed to file a quarterly report approved by the Auditor, the Commission shall forfeit the unclaimed allotment or allotments and the funds shall return to the District's General Fund.

"(4) This subsection shall take effect beginning in fiscal year 1999.

"(k) Commissions may pool Commission funds in accordance with agreements adopted by their constituent Commissions.

"(l) A Commission shall expend funds received through the annual allocation received pursuant to subsection (a) of this section, or other donated funds, for public purposes within the Commission area or for the functioning of the Commission office, including staff salaries and nominal refreshments at Commission meetings. A Commission may expend its funds for public purposes outside of the Commission area as authorized pursuant to subsection (k) of this section. Expenditures may be in the form of grants by the Commission for public purposes within the Commission area pursuant to subsection (m) of this section. Funds allocated to the Commissions may not be used for a purpose that involves partisan political activity, personal subsistence expenses, Commissioner compensation, meals, legal expenses other than for Commission representation before an agency, board, or commission of the District government, or travel outside of the Washington metropolitan area. Funds may be used to pay the local transportation expenses of a Commissioner if the Commissioner is officially representing the Commission or a committee of the Commission at public hearings or meetings or is engaged in official Commission business.

"(m) A grant approved by a Commission shall provide a benefit that is public in nature and that benefits persons who reside or work within the Commission area. A grant to an individual shall be prohibited as a non-public purpose expenditure. A Commission shall adopt guidelines for the consideration and award of grants that shall include a provision that requires the proposed grantee to present the request for a grant at a public meeting of the Commission. A grant may not be awarded unless the grant is awarded pursuant to a vote of the Commission at a public meeting. The award of a grant by a Commission shall not be conditioned on support for a position taken by the Commission.

"(n) The Mayor may, pursuant to subchapter I of Chapter 15 of Title 1, issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

"(o) A Commission may employ any person necessary to provide administrative support to the Commission. A Commission shall establish position descriptions for employees that shall, at a minimum, broadly identify the qualifications and duties of the employees. A Commission employee shall serve at the pleasure of the Commission. An employee of the Commission shall be considered an employee of the District of Columbia government for the purposes of subchapters XXII and XXIII of Chapter 6 of this title.

"(p) Any Commissioner within an individual Commission shall have equal access to the Commission office in order to carry out Commission duties and responsibilities.

"(q) Upon the request of a Commission, evidenced by a properly adopted resolution signed or transmitted by the Chairman and Secretary, the Mayor shall provide that Commission with suitable office space in a District-owned building. The space shall be a minimum of 250 square feet and shall be the sole office of the Commission. The space shall be located within the Commission's boundaries. If no such space is available then the space shall be located within the ward boundaries of the Commission. Furnishings, equipment, telephone service, and supplies for the office space shall be provided from the Commission's funds. There shall be a written lease between the Mayor or District agency and the Commission, which shall specify what operating costs, such as utilities, janitorial services, and security, shall be paid by the Commission."

D.C. Law 14-80, in subsec. (j)(1), rewrote the fourth sentence which had read: "Each quarterly report must include copies of canceled checks, bank statements, grant request letters and grant disbursements, invoices and receipts, executed contracts, details about all contributions received during the time period covered by the quarterly report, and the minutes of the meeting indicating the Commission's approval of disbursements reported in the quarterly report."

D.C. Law 17-79 rewrote subsec. (f) which had read as follows:

"(f) Any expenditure of funds by a Commission shall be recorded by the treasurer in the Commission's books of accounts. No expenditure of any amount shall be made without the specific authorization of the Commission. Any expenditure made by check shall be signed by at least 2 officers of the Commission, one of whom shall be the treasurer or Chairperson.  The check shall, prior to signature, contain the date of payment, the name of the payee, and the amount of the payment. No check may be made payable to cash.   Any check shall be pre-numbered, shall bear the name of the Commission and 'District of Columbia Government' on its face, and shall be issued in consecutive order.  The depository in which the Commission maintains a checking account shall be immediately notified of any change in Commission officers."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 401 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

For temporary (225 day) amendment of section, see § 2 of Advisory Neighborhood Commissions Management Control and Funding Temporary Amendment Act of 1999 (D.C. Law 12-276, April 27, 1999, law notification 46 DCR 4282).

For temporary (225 day) amendment of section, see § 2 of Advisory Neighborhood Commissions Management Control Temporary Amendment Act of 2000 (D.C. Law 13-93, April 12, 2000, law notification 47 DCR 2844).

For temporary (225 day) amendment of section, see § 2(a) of Advisory Neighborhood Commission Temporary Amendment Act of 2001 (D.C. Law 14-21, September 6, 2001, law notification 48 DCR 9091).

Section 2 of D.C. Law 16-261 added subsec. (f-1) to read as follows:

"(f-1) A Commission may provide reimbursements for authorized and properly documented purchases made with credit cards."

Section 4(b) of D.C. Law 16-261 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 401 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

For temporary (90 day) amendment of section, see § 1302 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794) and § 1302 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669).

For temporary (90 day) amendment of section, see § 2 of the Advisory Neighborhood Commissions Management Control and Funding Emergency Amendment Act of 1998 (D.C. Act 12-619, January 22, 1999, 46 DCR 1339).

For temporary (90-day) amendment of section, see § 1302 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) amendment of section, see § 2 of the Advisory Neighborhood Commissions Management Control and Funding Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-67, May 10, 1999, 46 DCR 4471).

For temporary (90-day) amendment of section, see § 2 of the Advisory Neighborhood Commissions Management Control Emergency Amendment Act of 1999 (D.C. Act 13-207, December 8, 1999, 46 DCR 10470).

For temporary (90-day) amendment of section, see § 2 of the Advisory Neighborhood Commissions Management Control Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-317, April 17, 2000, 47 DCR 2877).

For temporary (90 day) amendment of section, see § 2(a) of Advisory Neighborhood Commission Emergency Amendment Act of 2001 (D.C. Act 14-56, May 2, 2001, 48 DCR 4410).

For temporary (90 day) amendment of section, see § 2(a) of Advisory Neighborhood Commission Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-104, July 23, 2001, 48 DCR 7149).

For temporary (90 day) amendment of section, see § 2 of Advisory Neighborhood Commissions Clarification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-577, December 19, 2006, 54 DCR 33).

For temporary (90 day) amendment of section, see § 2 of Advisory Neighborhood Commissions Clarification Emergency Amendment Act of 2007 (D.C. Act 17-157, October 18, 2007, 54 DCR 10924).

For temporary (90 day) amendment of section, see § 2 of Advisory Neighborhood Commissions Clarification Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-248, January 23, 2008, 55 DCR 1253).

Legislative History of Laws

For legislative history of D.C. Law 1-21, see Historical and Statutory Notes following § 1-309.01.

For legislative history of D.C. Law 1-58, see Historical and Statutory Notes following § 1-309.10.

For legislative history of D.C. Law 2-30, see Historical and Statutory Notes following § 1-309.10.

For legislative history of D.C. Law 8-203, see Historical and Statutory Notes following § 1-309.14.

Law 9-190, the "Advisory Neighborhood Commission Office Space Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-274, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 6, 1992, and November 4, 1992, respectively. Signed by the Mayor on November 23, 1992, it was assigned Act No. 9-311 and transmitted to both Houses of Congress for its review. D.C. Law 9-190 became effective on March 16, 1993.

For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 1-309.05.

Law 11-198, the "Fiscal Year 1997 Budget Support Act," was introduced in Council and assigned Bill No. 11-741, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 19, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act No. 11-360 and transmitted to both Houses of Congress for its review. D.C. Law 11-198 became effective on April 9, 1997.

Law 12-140, the "Advisory Neighborhood Commissions Act of 1975 Financial Reporting Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-262, which was referred to Committee on Government Operations. The Bill was adopted on first and second readings on March 3, 1998, and April 7, 1998, respectively. Signed by the Mayor on April 22, 1998, it was assigned Act No. 12-342 and transmitted to both Houses of Congress for the review. D.C. Law 12- 140 became effective on July 24, 1998.

Law 12-175, the "Fiscal Year 1999 Budget Support Act of 1998," was introduced in Council and assigned Bill No. 12-618, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 5, 1998, and June, 2, 1998, respectively. Signed by the Mayor on June 23, 1998, it was assigned Act No. 12-399 and transmitted to both Houses of Congress for its review. D.C. Law 12-175 became effective on March 26, 1999.

For Law 13-135, see notes following § 1-309.01.

Law 14-80, the "Advisory Neighborhood Commissions Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-185, which was referred to the Committee on Public Services.  The Bill was adopted on first and second readings on October 2, 2001, and November 6, 2001, respectively.  Signed by the Mayor on November 29, 2001, it was assigned Act No. 14-200 and transmitted to both Houses of Congress for its review.   D.C. Law 14-80 became effective on March 6, 2002.

Law 17-79, the "Advisory Neighborhood Commissions Clarification Amendment Act of 2007", was introduced in Council and assigned Bill No. 17-102 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on October 23, 2007, and November 6, 2007, respectively. Signed by the Mayor on November 16, 2007, it was assigned Act No. 17-178 and transmitted to both Houses of Congress for its review. D.C. Law 17-79 became effective on January 29, 2008.