Councilmember Charlene Drew Jarvis A PROPOSED
RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend the Rules of Organization and Procedure for the Council of the District of
Columbia, Council Period Twelve, to prohibit ex parte communications between a
member of the Council and persons interested in a contract pending before the Council.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be
cited as the "Ex Parte Communication Prohibition Rules Amendment Resolution
of 1998".
Sec. 2. The Rules Resolution for the Council of the District of
Columbia, Council Period XII, effective January 2, 1997 (Res. 12-1, 44 DCR 394), is
amended by adding a new section 203 to read as follows:
"203. PROHIBITED (EX PARTE) COMMUNICATIONS.
"(a) A Councilmember shall not directly or indirectly, receive,
participate in, make, or cause to be made to any prospective contractor, losing bidder, or
persons representing these entities, an ex parte communication relevant to
the merits of a contract pending before the Council. Ex parte communications
include one-on-one meetings, discussions, and telephone calls from prospective
contractors, losing bidders, or persons representing these entities. This prohibition
shall begin on the date the contract approval request is filed in the Office of the
Secretary, and continue until the Council takes final action to approve or disapprove the
contract.
"(b) Subsection (a) shall not apply to:
"(1) Communications between Councilmembers or staff;
"(2) Communications between prospective contractors, losing
bidders, or persons representing these entities, and the Council's Budget Director or
Council budget staff; or
"(3) Communications concerning the Council's administrative
functions or procedures, including a request for a status report involving any matter
contained in the official records.
"(c) Any Councilmember, or member of the Councilmember's staff who
receives an ex parte communication prohibited by this section shall within 7 days
after having reason to believe that the communication is prohibited, prepare and deliver
to the Chairman a written statement setting forth the substance of the communication if it
is in oral form, or deliver to the Chairman the actual communication if it is in written
form. (The reporting form is set forth in Appendix B). The Chairman shall forward the
statement or communication to the Secretary who shall place the statement or communication
in public files associated with the contract. The Secretary shall mail to each person on
the official service list in the contract file, a copy of any such statement or
communication.".
Sec. 3. This resolution shall take effect immediately.
APPENDIX B [There is no Appendix A]
To: Secretary to the Council
441 4th Street, N.W., Room 716
Washington, D.C. 20001
NOTIFICATION OF CONTACT WITH PROSPECTIVE CONTRACTOR
Name of Contractor:
Date of Contact:
Subject Discussed:
Disposition:
Remarks:
Signature of Councilmember: |