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Ex parte Communication Prohibition Rules Amendment Resolution of 1998
PR 12-616

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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:

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