Mayoral Transition Emergency Act of 1998
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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To promote the orderly transfer of executive duties and responsibilities upon expiration of the term of office of a Mayor and the assumption of duties and responsibilities of a new Mayor.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Mayoral Transition Emergency Act of 1998".

Sec. 2. Purpose.

This act authorizes the Mayor to take appropriate action to assure continuity in faithful execution of the laws and in the conduct of the legislative and executive affairs of the District of Columbia government. The purpose of this act is to provide for the orderly transfer of the executive duties and responsibilities on connection with the expiration of the term of office of a Mayor and the assumption of duties and responsibilities by a new Mayor.

Sec. 3. The Mayor-Elect.

(a) The Mayor, in the discharge of his or her duties pursuant to section 422 of the District of Columbia Self-Government and Governmental Reorganization Act of 1973, approved December 23, 1973 (87 Stat. 790; D.C. Code, sec. 1-242) ("Home Rule Act"), may make available:

(1) Office space for the Mayor-elect and the Mayor-elect's transition staff, furniture. furnishings, office machines, and supplies, at whatever place or places within the District as the Mayor shall designate:

(2) Compensation of the Mayor-elect's transition staff as a rate not to exceed the rate prescribed pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et-seq.) ("Merit Personnel Act"), provided that any person who receives compensation as a member of a transition office staff under this subsection shall not hold a position in, or be considered to be an employee of the District government;

(3) Any expense for the procurement by the Mayor-elect of services of any expert or consultant or organization thereof;

(4) Any travel expense or subsistence allowance, as authorized by the Mayor-elect. including rental of a governmental or hired motor vehicle at a rate not to exceed the rate authorized pursuant to the Merit Personnel Act;

(5) Any expense incurred by the Mayor-elect for printing, binding, and duplicating;

(6) Any postage or mailing expense incurred by the Mayor-elect consistent with the Official Correspondence Regulations, effective April 7,1977 (D.C. Law 1-118; D.C. Code, sec. 1-1701 et seq.) ("Official Correspondence Regulations"); or

(7) Any expense for communications equipment or service.

(b) No funds authorized by this act shall be expended in connection with any obligation incurred by the Mayor-elect before the day following the general election held to determine the Mayor, or after the day following the date of the inauguration of the Mayor-elect.

Sec. 4. The Former Mayor.

(a) The Mayor in the discharge of his duties pursuant to section 422 of the Home Rule Act (D.C. Code. Sec. 1-242), may make available for a period of 9O days from the date of the expiration of the term of office of Mayor:

(1) Office space for the former Mayor, and their transition staffs. furniture, furnishings, office machines and supplies, and communications equipment and services, at a place or places within the District as the Mayor shall designate;

(2) Compensation of the former Mayor's transition staff at a rate not to exceed the rate prescribed by the Merit Personnel Act, provided that any person who receives compensation as a member of a transition office staff under this subsection shall not hold a position in, or be considered to be an employee of, the District government;

(3) Printing, binding, and duplicating expense incurred by the former Mayor,

(4) Postage and mailing expense incurred by the former Mayor;

(b) Nothing contained in this act shall be construed to authorize the payment of compensation to the Mayor-elect. former Mayor.

Sec. 5. The Mayor shall require a report to be prepared with appropriate supporting documentation accounting for the expenditure of funds pursuant to this act.

Sec. 6. Upon certification by the Chief Financial Officer that funds are available pursuant to the D.C. Appropriations Act, the Council authorizes up to $205,O00 to be made available for transition costs with 80% designated for the Mayor-elect, and 20% designated for the former.

Sec. 7. (a) The term "Mayor-elect" as used in this act means the person who is certified as the successful candidate for the office of Mayor by the District of Columbia Board of Elections and Ethics following the general election held to determine the Mayor

(b) The term "Mayor" as used in this act means the person who holds the office of Mayor pursuant to section 421 of the Home Rule Act (D.C. Code. sec. 1-241).

Sec. 8. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor action by the Council to override the veto) and approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Code §1-229(a)).

[Note: this legislation is reproduced as printed. The unusually high number of typographical errors is in the original.]