(a) The Council of the District of Columbia ("Council") administratively establishes itself, as authorized in subchapter IV of Chapter 2 of this title, as an independent and coordinate branch of the District of Columbia government.
(b) The Council recognizes the principle of separation of powers in the structure of the District of Columbia government.
(c) The Council shall, following receipt of the report of the study committee established by § 3, adopt such acts and resolutions to implement the organizational and administrative independence of the Council.
(July 24, 1982, D.C. Law 4-127, § 2, 29 DCR 2396.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-227.1.
Legislative History of Laws
Law 4-127, the "Council of the District of Columbia Independence Act of 1982," was introduced in Council and assigned Bill No. 4-240, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 9, 1982 and March 23, 1982, respectively. Signed by the Mayor on June 1, 1982, it was assigned Act No. 4-192 and transmitted to both Houses of Congress for its review.
References in Text
"Section 3", referred to in subsection (c) of this section, is § 3 of D.C. Law 4-127.
Miscellaneous Notes
Study committee established: Section 3 of D.C. Law 4-127 provided for the establishment of a 5-member study committee to study the organizational and administrative independence of the Council as a coordinate branch of the District of Columbia government. Section 4 of D.C. Law 4-127 outlined the responsibilities of the study committee.
(a) No person, including an employee or contractor of the Office of the Chief Technology Officer, or individual employed by or acting on behalf of an official of the Executive branch of the District of Columbia government, shall monitor, access, review, intercept, obtain, use, or disclose to any person or entity a record or electronic communication of a legislative branch agency without the prior express written consent of the Chairman of the Council or the District of Columbia Auditor for their electronic communications.
(b) For the purposes of this section and § 1-301.44b the term:
(1) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, voice, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system, including electronic mail, telecommunications, and wireless or wired network communications.
(2) "Legislative branch agency" means the Council of the District of Columbia and the District of Columbia Auditor.
(c) Persons violating this section shall be subject to a fine of not more than $10,000 or imprisonment of not more than 5 years, or both; provided, that this section shall not apply to the contents of any communication that has been disclosed publicly by the legislative branch agency.
(July 24, 1982, D.C. Law 4-127, § 2a, as added Mar. 3, 2010, D.C. Law 18- 111, § 1101, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 6, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-171 made a technical amendment to the enacting clause of D.C. Law 18-111, § 1101, that did not change the text of this section.
Emergency Act Amendments
For temporary (90 day) addition, see § 1101 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 1101 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 18-111, see notes following § 1-301.181.
For history of Law 19-171, see notes under § 1-125.
Delegation of Authority
Delegation of Rulemaking Authority for DC One Card Fees, see Mayor's Order 2011-119, July 14, 2011 (58 DCR 6112).
Miscellaneous Notes
Short title: Section 1100 of D.C. Law 18-111 provided that subtitle K of title I of the act may be cited as the "Independence of Legislative Branch Information Technology and Personnel Authority Amendment Act of 2009".
(a) A legislative branch agency may invest in, acquire, use, and manage, independent of the Executive branch, information technology and telecommunications systems and resources, including hardware, software, and contract services.
(b) A legislative branch agency may, independent of the Executive branch, establish, acquire, maintain, and manage electronic mail messaging systems and services, internet access services, and information technology security systems and services.
(July 24, 1982, D.C. Law 4-127, § 2b, as added Mar. 3, 2010, D.C. Law 18- 111, § 1101, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 6, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-171 made a technical amendment to the enacting clause of D.C. Law 18-111, § 1101, that did not change the text of this section.
Emergency Act Amendments
For temporary (90 day) addition, see § 1101 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 1101 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 18-111, see notes following § 1-301.181.
For history of Law 19-171, see notes under § 1-125.
(a) Notwithstanding any other provision of law, no document or information that the following persons or entities have requested for the purpose of performing their official duties shall be withheld by a subordinate or independent agency, instrumentality, board, or commission, or by an official or employee thereof, based upon a statutory or regulatory provision restricting or prohibiting disclosure to the general public:
(1) The Council;
(2) A Council committee;
(3) A member of the Council acting in an official capacity;
(4) The District of Columbia Auditor; or
(5) An employee of the Office of the District of Columbia Auditor.
(b) Documents or information obtained under subsection (a) of this section shall remain subject to the underlying statutory restrictions and shall not be disclosed to the public or any third party unless permitted by that statute.
(c) Documents or information shall not be disclosed to the Council under subsection (a) of this section if:
(1) A District statute expressly prohibits disclosure of the information to the Council; or
(2) A federal law or regulation requires that the information be withheld from disclosure to the Council in such a manner that it leaves no discretion on the issue.
(d) Disclosure of documents or information under subsection (a) of this section shall not constitute a waiver of any privilege or exemption that otherwise could lawfully be asserted by the District of Columbia to prevent disclosure to the general public or in a judicial or administrative proceeding.
(July 24, 1982, D.C, Law 4-127, § 2a, as added Mar. 11, 2010, D.C. Law 18- 119, § 2, 57 DCR 906; renumbered as § 2c, Sept. 26, 2012, D.C. Law 19-171, § 7, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-171 renumbered the section designation in D.C. Law 18-119 from § 2a to § 2c.
Legislative History of Laws
Law 18-119, the "Disclosure of Information to the Council Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-491, which was referred to the Committee on the Whole. The bill was adopted on first and second readings on December 1, 2009, and December 15, 2009, respectively. Approved without signature by the Mayor on January 14, 2010, it was assigned Act No. 18-267 and transmitted to both Houses of Congress for its review. D.C. Law 18-119 became effective on March 11, 2010.
For history of Law 19-171, see notes under § 1-125.
