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ENROLLED ORIGINAL AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend the Advisory Neighborhood
Commissions Act of 1975, to provide for filling Commissioner vacancies, to prohibit the
Board of Elections and Ethics from providing Commissioners' social security numbers, to
require the Office of Advisory Neighborhood Commissions to provide certain named
government entities with a list of Commissioners semi-annually, to add the District budget
to the scope of public policy decisions subject to Advisory Neighborhood Commission
recommendations, to increase the notice period to be given to Advisory Neighborhood
Commissions by government entities to 30 days excluding Saturday, Sundays, and legal
holidays, to provide such notices to each affected Commissioner, to permit Advisory
Neighborhood Commissions to hold public hearings, to require the Mayor to provide Advisory
Neighborhood Commissions with all regulations not available electronically, to require
Advisory Neighborhood Commission bylaws to include the use of the Commission office and
supplies and a procedure for filling a vacant treasurer's office, to establish a process
to remove an Advisory Neighborhood Commission officer at a special meeting, to clarify the
public meeting and public access to Advisory Neighborhood Commission records requirements,
to require the Mayor to issue regulations for parking privileges of Advisory Neighborhood
Commissioners while on official business, to require a government entity to have a single
liaison for all Commissioners, to require Advisory Neighborhood Commissions to have a
District tax identification number and the words "District of Columbia
Government" on each bank account, to forward an audit of an Advisory Neighborhood
Commission to certain government entities, to require an Advisory Neighborhood Commission
to respond within 90 days to alleged infractions in an Auditor's report, to require
approval of unauthorized expenditures within 90 days, to increase a petty cash fund to
$200, to permit the freezing of Advisory Neighborhood Commission bank accounts, to permit
Advisory Neighborhood Commission funds to be used for training and property liability
insurance, to establish restrictions on and procedures for making grants, to require the
availability of District government or other office space for Advisory Neighborhood
Commissions, to create an Office of Advisory Neighborhood Commissions to provide technical
and administrative support to Advisory Neighborhood Commissions; to repeal section 2 of
the Supplemental Neighborhood Commissions Act to make a conforming amendment; and to amend
An Act To regulate the election of delegates representing the District of Columbia to
national political conventions, and for other purposes to reduce the number of voters
required for a recall petition of a Commissioner who has failed to attend meetings for 3
months.
BE IT ENACTED BY THE COUNCIL OF THE
DISTRICT OF COLUMBIA, That this act may be cited as the "Comprehensive Advisory
Neighborhood Commissions Reform Amendment Act of 2000".
Sec. 2. The Advisory Neighborhood
Commissions Act of 1975 is amended as follows: (a) Section 2 is amended by adding a new
subsection (c) to read as follows:
"(c) For the purposes of this act,
the term:
"(1) "Board" means the
District of Columbia Board of Elections and Ethics.
"(2) "Commission" means
Advisory Neighborhood Commission.
"(3) "Emergency" means an
action taken to immediately preserve the public peace, health, safety, welfare, or morals
pursuant to section 6(c) of the District of Columbia Administrative Procedure Act.".
(b) Section 8 is amended as follows:
(1) Subsection (d) is amended to read as
follows:
"(d)(1) Whenever a vacancy exists in
the office of a Commissioner, and the vacancy does not occur within the 6-month period
prior to a general election, the vacancy shall be filled pursuant to paragraph (6) of this
subsection. No vacancy shall be filled if it occurs within the 6month period prior to a
general election.
"(2) For purposes of this section, a
vacancy is deemed to exist upon the publication of a notice of the vacancy in the District
of Columbia Register.
"(3) Within 90 days of the date that
the Board declares a vacancy, the members of the Advisory Neighborhood Commission where
the vacancy exists shall fill the vacancy pursuant to paragraph (6) of this subsection.
"(4) Each person appointed or elected
to fill a vacancy shall meet the qualifications set forth in section 6(a).
"(5) Each person appointed or elected
to fill a vacancy shall serve until a successor has been certified and sworn in pursuant
to subsection (b) of this section.
"(6)(A) Within 5 days (excluding
Saturdays, Sundays, and legal holidays) after the date that the Board declares a vacancy,
vacancy, the Board shall make available petitions for the purpose of obtaining the
signatures of registered qualified electors within the affected single member district.
"(B) If petitions are not obtained by
any registered qualified elector within the affected single-member district within 14
working days after the petitions have been made available, the Board shall recertify the
vacancy by republishing the notice required by paragraph (2) of this subsection.
"(C) Within 21 days of the date that
the Board makes the petitions available, persons interested in filling the vacancy shall
submit a petition to the Board that contains the signatures of at least 25 registered
qualified electors within the affected single-member district. The Board, after a
5-working-day challenge period,. shall transmit a list of the names of persons who qualify
for appointment to the affected Advisory Neighborhood Commission.
"(D) If there is only one person
qualified to fill the vacancy within the affected single-member district, the Advisory
Neighborhood Commissioners shall appoint the qualified person to the vacant Advisory
Neighborhood Commissioner position at its next regularly scheduled meeting.
"(E) If the Board transmits a list of
qualified candidates containing more than one name, the affected Advisory Neighborhood
Commission shall give notice at a public meeting that at the next regularly scheduled
meeting there shall be an open vote of the qualified registered electors of the affected
single-member district to elect a Commissioner. All registered qualified electors shall
display their voter identification card or, alternatively, be listed as a voter in the
affected single-member district on the voter registration list provided by the Board. The
ballots shall be counted by at least 2 impartial vote counters. The results shall be read
aloud by the Chairperson of the Advisory Neighborhood Commission, or alternatively, by
such Commissioners as the Chairperson shall designate. In the event that the Chairperson
is vacant, the results shall be read aloud by the Commissioner presiding over the meeting.
"(F) After a vacancy has been filled
pursuant to this subsection, the affected Advisory Neighborhood Commission shall transmit
to the Board a resolution signed by 2 officers of the Advisory Neighborhood Commission
that states the winner of the Advisory Neighborhood Commission singlemember district
election and requests that the Board declare the vacancy filled. The resolution shall also
be sent to the following:
"(i) The Council:
"(ii) The Mayor; and
"(iii) The person appointed or
elected by the Commission.
"(G) The Board shall certify the
filling of the vacancy by publication in the District of Columbia Register.".
(2) Subsection (f)(2) is amended to read
as follows:
"(2) When a vacancy occurs in an
Advisory Neighborhood Commission and no letter of resignation: is submitted as required by
paragraph (1.) of this subsection, the respective Advisory Neighborhood Commission shall
petition the Board, by a resolution signed by the, Chairperson and the secretary of the
Advisory Neighborhood Commission, to declare the vacancy. The resolution shall be
considered by the Advisory Neighborhood Commission at a special Advisory Neighborhood
Commission meeting called for the purpose of considering the vacancy. Prior to the special
Advisory Neighborhood Commission meeting, the Advisory Neighborhood Commission shall make
a good faith effort to notify, in writing, the Commissioner who is the subject of the
resolution. Notice of the meeting shall be sent by certified mail, return receipt
requested, to the Commissioner no later than 15 days prior to the meeting , and shall
provide that the Commissioner shall have an opportunity to rebut the alleged vacancy. The
resolution, accompanied by minutes of the meeting at which the resolution was adopted and
a list of those attending the meeting, shall be sent to:
"(A) The Board of Elections and
Ethics;
"(B) The Council;
"(C) The Mayor; and
"(D) The Commissioner, whenever the
vacancy is due to removal or failure to continue the qualifications for office under
section 6.".
(3) Subsection (h) is amended to read as
follows:
"(h)(1) The Board shall maintain a
list of the names, a current telephone number, and home addresses of all members of the
Advisory Neighborhood Commissions, and shall share that list on a monthly basis with the
Office of Advisory Neighborhood Commissions established in section 18.
"(2) The Board shall not release the
social security numbers of Commissioners.
"(3) This list shall be published at
least semiannually in the District of Columbia Register. This list shall also be provided
by the Office of Advisory Neighborhood Commissions established in section 18, to the
Alcohol Beverage Control Board, the Historic Preservation Review Board, the Redevelopment
Land Agency, the Zoning Commission and the Board of Zoning Adjustment, and to any other
District government entity that requests it.
"(4) Any change, which may be due to
resignation, election, moving, or for any other reason, shall be reported when it occurs
by the Office of Advisory Neighborhood Commissions to the Alcohol Beverage Control Board,
the Historic Preservation Review Board, the Redevelopment Land Agency, the Zoning
Commission, the Board of Zoning Adjustment, and to any other District government entity
that requests it.".
Sec. 3. The Advisory Neighborhood
Commissions Act of 1975 is amended as follows:
(a) Section 13 is amended to read as
follows:
"Sec. 13. Advisory Neighborhood
Commissions-Duties and responsibilities; notice; great weight; access to documents;
reports; contributions.
"(a) Each Advisory Neighborhood
Commission ("Commission") may advise the Council of the District of Columbia,
the Mayor and each executive agency, anti all independent agencies, boards and commissions
of the government of the District of Columbia with respect to all proposed matters of
District government policy including, but not limited to, decisions regarding planning,
streets, recreation, social services programs, education, health, safety, budget, and
sanitation which affect that Commission area. For the purposes of this act, proposed
actions of District government policy shall be the same as those for which prior notice of
proposed rulemaking is required pursuant to section 6(a) of the District of Columbia
Administrative Procedure Act or as pertains to the Council of the District of Columbia.
"(b) Thirty days written notice,
excluding Saturdays, Sundays and legal holidays of such District government actions or
proposed actions shall be given by first-class mail to the Office of Advisory Neighborhood
Commissions, each affected Commission, the Commissioner representing a single-member
district affected by said actions, and to each affected Ward Councilmember, except where
shorter notice on good cause made and published with the notice may be provided or in the
case of an emergency and such notice shall be published in the District of Columbia
Register. In cases in which the 30day written notice requirement is not satisfied,
notification of such proposed government action or actions to the Commissioner
representing the affected single-member district shall be made by mail. The Register shall
be made available, without cost, to each Commission. A central record of all such notices
shall be held by the Office of Advisory Neighborhood Commissions.
"(c)(1) Proposed District government
actions covered by this act shall include, but shall not be limited to, actions of the
Council of the District of Columbia, the executive branch, or independent agencies,
boards, and commissions. In addition to those notices required in subsection (a) of this
section, each agency, board and commission shall, before the award of any grant funds to a
citizen organization or group, or before the formulation of any final policy decision or
guideline with respect to grant applications, comprehensive plans, requested or proposed
zoning changes, variances, public improvements, licenses, or permits affecting said
Commission area, the District budget and city goals and priorities, proposed changes in
District government service delivery, and the opening of any proposed facility systems,
provide to each affected Commission notice of the proposed action as required by
subsection (b) of this section. Each District of Columbia government entity shall maintain
a record of the notices sent to each Commission pursuant to subsection (b) of this section
"(2)(A) The Alcoholic Beverage
Control Board ("ABC Board") or its designee shall give notice to Advisory
Neighborhood Commissions, the Office of Advisory Neighborhood Commissions, the Commission
representing the area in which the applicant's establishment is located, and the
Commissioner representing an affected single-member district at least 45 calendar days
prior to a hearing on applications for issuance or renewal of retailer's licenses, class
A, B, C/R, C/T, C/N, C%H, C/X, D/R, D T, D/N, D/H, D X, and consumption licenses for
clubs, or for transfer of a license of any of these classes to a different location. The
ABC Board or its designee party shall give notice by first-class mail, posted not less
than 5 calendar days prior to the first day of the 45-calendar-day notice period, arid
addressed to:
"(i) The Commission office, with
sufficient copies of the nonce for distribution to each Commissioner;
"(ii) The Chairperson of the
Commission at his or her home address of record; and
"(iii) The Commissioner in whose
single-member district the establishment is located at his or her home address of record.
"(B) In addition, the ABC Board shall
provide to each Commission office, on a quarterly basis, a printed list of all Alcohol
Beverage Control licenses due to expire in the ensuing 6 months. An Advisory Neighborhood
Commission may object to the application in the manner set forth in sections 14(c) and (e)
of the District of-Columbia Alcoholic Beverage Control Act.
"(3) The Department of Consumer and
Regulatory Affairs shall ensure that each Advisory Neighborhood Commission is provided at
least twice a month by first-class mail with a current list of applications for
construction and demolition permits within the boundaries of that Advisory Neighborhood
Commission. All notices shall also be provided to the Office of Advisory Neighborhood
Commissions. Each Commission and the affected ward Councilmember shall also be provided at
least twice a month with a current list of applications for public space permits.
"(d)(1) Each Commission so notified
pursuant to subsections (b) and (c) of this section of the proposed District government
action or actions shall consider each such action or actions in a meeting with notice
given in accordance with section 14(c) which is open to the public in accordance with
section 14(g). The recommendations of the Commission, if any, shall be in writing and
articulate the basis for its decision.
"(2) At the close of business of the
day after which the notice period concludes as provided in subsection (b) or (c) of this
section, the affected District government entity may proceed to make its decision.
"(3)(A) The issues and concerns
raised in the recommendations of the Commission shall be given great weight during the
deliberations by the government entity. Great weight requires acknowledgement of the
Commission as the source of the recommendations and explicit reference to each of the
Commission's issues and concerns.
"(B) In all cases the government
entity is required to articulate its decision in writing. The written rationale of the
decision shall articulate with particularity and precision the reasons why the Commission
does or does not offer persuasive advice under the circumstances. In so doing, the
government entity must articulate specific findings and conclusions with respect to each
issue and concern raised by the Commission. Further, the government entity is required to
support its position on the record.
"(C) The government entity shall
promptly send to the Commission and the respective ward Councilmember a copy of its
written decision.
"(4) Oral testimony shall be followed
as if provided in advance in writing as required by paragraph (1) of this subsection when
accompanied within ? days by written, documentation approved by the respective Commission,
which supports the testimony.
"(e) Reserved.
"(f) Each Commission may present its
views to any federal or District agency.
"(g) The Commission shall not have
the power to initiate a legal action in the courts of the District of Columbia or in the
federal courts, provided that this limitation does not apply to or prohibit any
Commissioner from bringing suit as a citizen.
"(h)(1) Each Commission may initiate
its own proposal for District government action. The District government entity to which
the proposal is made shall acknowledge the proposal in writing to the initiating
Commission within 10 days of receipt of the proposal and shall issue a status report to
the initiating Commission within 60 days of receipt.
"(2) Any Commission may hold public
hearings on requested or proposed government actions. Commissions may invite public
witnesses from any executive or independent entity to testify before the Commission.
Within 45 days of the close of the public hearing, the Commission may submit to the
Council a report detailing the Commission's findings and recommendations to be included in
any public record of the proposed government action.
"(i)(1) Each Commission shall have
access to District government officials and to all District government official documents
and public data pursuant to the Freedom of Information Act of 1979 that are material to
the exercise of its development of recommendations to the District government.
"(2) The Mayor shall provide to all
Commissions, at no cost, current zoning and alcohol beverage control regulations, and any
other regulations requested in writing by the respective Commission not available
electronically, in order for Commissioners to adequately perform their responsibilities.
"(j)(1) On or before November 30 of
each year, each Commission may file an annual report with the Council and the Mayor for
the preceding fiscal year. Such report shall include, but shall not be limited to:
"(A) Summaries of important problems
perceived by the Commission in order of their priority;
"(B) Recommendations for actions to
be taken by the District government;
"(C) Recommendations for improvements
on the operation of the Commissions;
"(D) Financial report; and
"(E) A Summary of Commission
activities.
"(2) Minority reports may be filed.
"(k) Reserved.
"(l) No Commission may solicit or
receive funds unless specifically authorized to do so by the Council, except that receipt
of individual contributions of $400 or less need not be approved by the Council. No person
shall make any contribution, nor shall a Commission receive any contribution from any
person which, when aggregated with all other contributions received from that person,
exceeds $400 per calendar year. Each Commission shall file with its quarterly reports to
the District of Columbia Auditor required pursuant to section 160) details of all
contributions received during the relevant period of time.
"(m) Each Commission shall monitor
complaints of Commission area residents with respect to the delivery of District
government services and file comments on same with the appropriate District government
entity and the Council.
"(n) Each Commission shall develop an
annual fiscal year spending plan budget for the upcoming fiscal year within 60 days of
notification of the amount of the Commission's annual allotment. Prior to adoption of the
budget at a public meeting, the Commission shall present the budget at a public meeting of
the Commission to elicit comments from the residents of the Commission area
"(o) Each Commission may, where
appropriate, constitute the citizen advisory mechanism required by any federal statute
(unless specifically prohibited by federal statute).".
(b) Section 14 is amended to read as
follows:
"Sec. 14. Same - Meetings; bylaws
governing operation and internal structure; officers; open meetings.
"(a) Reserved.
"(b)(1) Each Commission shall meet in
public session at regular intervals at least 9 times per year at locations that are
designed to reasonably accommodate the residents of the Commission area, depending on the
issues to be considered by the Commission. The Commission may declare a quorum and take
official action if a majority of single-member district Commissioners of the Commission is
present, provided that a majority of the singlemember districts have Commissioners on the
Commission pursuant to section 8.
"(2) To the extent possible, each
Commission shall, at its first meeting of the calendar year, adopt a schedule of regular
Commission meetings for the remainder of the calendar year. Each Commission shall, at its
public meetings, consider and make recommendations on matters before the Commission that
may include, but are not limited to, actions or proposed actions of the Council, the
Mayor, executive branch agencies, or any independent agency, board, or commission.
"(3) Each Commission shall set aside
a portion of each public meeting to hear the views of residents within the Commission area
and other affected persons on problems or issues of concern within the Commission area and
on proposed District government actions that affect the Commission area. Community views
shall be adequately considered in positions taken by the Commission. Each Commission shall
establish mechanisms to ensure the broadest dissemination of information with respect to
Commission meetings, positions, and actions.
"(c) Each Commission shall give
notice of all meetings or convocations to each Commissioner, individuals with official
business before the Commission, and residents of the Commission area no less than 7 days
prior to the date of such meeting. Shorter notice may be given in the case of an emergency
or for other good cause. Notice of regular and emergency meetings must include, but is not
limited to, at least 2 of the following:
"(1) Posting written notices in at
least 4 conspicuous places in each single-member district within the Commission area;
"(2) Publication in a city or
community newspaper;
"(3) Transmitting or distributing
notice to a list of residents and other stakeholders in the community; and
"(4) In any other manner approved by
the Commission.
"(d) Each Commission shall establish
bylaws governing its operation and internal structure.
"(1) These bylaws shall include the
following:
"(A) The geographic boundaries of the
Commission area;
"(B) A statement of Commission
responsibilities;
"(C) Voting procedures;
"(D) The establishment of standing
and special committees;
"(E) The manner of selection of
chairpersons and other officers;
"(F) Presiding officers;
"(G) Procedures for prompt review and
action on committee recommendations;
"(H) The use of the Commission office
and supplies;
"(I) Procedures for receipt of, and
action upon constituent recommendations at both the single-member district and Commission
levels; and
"(J) Pursuant to section 16(c), the
procedures for the filling of a vacancy in the office of treasurer.
"(2) Said bylaws shall be consistent
with the provisions of this act and other applicable laws and shall be a public document.
"(3) An up-to-date copy of each
Commission's bylaws and all amendments thereto shall be filed with the Council and the
Office of Advisory Neighborhood Commissions within 30 days of any amendment to the bylaws.
"(d-1) No Commission shall be
entitled to incorporation, provided that no member of the Commission may be liable for
action taken as an elected representative from a single-member district.
"(e)(1) Each Commission shall elect
from among its members at a public meeting of the Commission held in January of each year
a Chairperson, vicechairperson, secretary, and treasurer. Each Commission may also elect
any other officers the Commission deems necessary. The Chairperson shall serve as convener
of the Commission and shall chair the Commission meetings. The vice-chairperson shall
fulfill the obligations of the Chairperson in the Chairperson's absence. The secretary
shall ensure that- appropriate minutes of Commission meetings are kept and that
appropriate notice of Commission meetings is provided in accordance ; with subsection (c)
of this section. The treasurer shall perform the duties provided for in section 16. The
views or recommendations of each Commission shall only be presented by its officers,
Commissioners, or representatives appointed by the Commission at a public meeting to
represent the Commission's views on a particular issue or proposed action.
"(2)(A) Removal of any officer shall
be undertaken at a special Commission meeting.
"(B) A special Commission meeting to
remove an officer shall be called if at least one-half of the elected Commissioners
request in writing that the Chairperson take such action. After the request is made, the
Chairperson shall schedule the meeting to take place within 30 days of receipt of the
request.
"(C) The Chairperson shall preside
over the meeting unless the vote will affect the Chairperson's own position. In that case,
the vice-chairperson shall act as the presiding officer.
"(D) Provided a quorum is present at
the special Commission meeting called pursuant to subparagraph (B) of this paragraph, the
vote of a majority of the Commissioners shall remove the officer from his or her office.
"(3) Where not otherwise provided,
the procedures of the Commission shall be governed by Robert's Rules of Order.
"(f) Chairmanship of each Commission
committee or task force shall be open to any resident of the Commission area. The
chairperson of each such committee or task force shall be appointed by the Commission.
Each Commission shall make a good faith effort to involve all segments of the Commission
population in its deliberations regardless of race, sex, age, voting status, religion,
economic status, or sexual orientation.
"(g) Each Commission shall be subject
to the open meetings provisions of section 742 of the District of Columbia Home Rule Act.
No meeting may be closed to the public unless personnel or legal matters are discussed.
Without limiting the scope of that section, the following categories of information are
specifically made available to the public:
"(1) The names, salaries, title, and
dates of employment of all employees of the Commission;
"(2) Final decisions of the
Commission, including concurring and dissenting opinions;
"(3) Information of every kind
dealing with the receipt or expenditure of public or other funds by the Commission;
"(4) All documents not related to
personnel and legal matters;
"(5) The minutes of all Commission
meetings; and
"(6) Reports of the District of
Columbia Auditor.".
(c) Section 15 is amended to read as
follows:
"Sec. 15. Same - Joint meetings;
involvement of neighborhood groups; service area , coordinators; service area manager;
citizen's advisory mechanism; assistance of Council, Auditor , and Mayor.
"(a) Commissions may meet jointly
either formally or informally to deal more effectively with or respond to common issues
and concerns. A Commissioner of an individual Commission may represent and participate in
a formal joint meeting only after the individual Commission has authorized the
participation of the Commission in the joint meeting. For any official action taken in a
formal joint meeting, the Commission shall specify in a resolution the scope of any
individual Commissioner's participation. Action taken by individual Commissioners in an
informal joint meeting shall follow the general direction of the Commission.
"(b) Each Commission may involve
representatives of other neighborhood groups in the work of its standing or special
committees.
"(c) The Mayor shall appoint a
service area coordinator for each ward who shall act as the chairperson of the service
area committee in that ward and shall coordinate all District government services at the
ward level to residents of the ward. The head of each District government department or
agency that delivers services at the ward level shall appoint a service area manager who
shall oversee the day-to-day operations of the department or agency within the ward and
shall represent that department or agency on the service area committee of that ward. The
service area coordinators and managers shall work closely with the Commissions in their
service area ward and shall provide them with any technical assistance necessary to the
performance of their duties and responsibilities.
"(d)(1) The Council may assist the
individual Commissions in the following areas:
"(A) Dispute resolution between the
entities of the District government and the individual Commissions to facilitate the
advisory process;
"(B) Providing the training to
Commissioners with respect to the procedures and content of District laws, including, but
not limited to, laws governing zoning and licenses to sell alcohol; and
"(C) Any other assistance necessary
and feasible to enable the Commissions to perform their statutory duties.
"(2) The District of Columbia Auditor
shall provide assistance to the Commissions in the following areas:
"(A) Review of quarterly financial
reports to ensure compliance with current law;
"(B) Monitoring of Commission
expenditures and responses to inquiries from individual Commissions on the legality of
proposed actual expenditures; and
"(C) Training of Chairpersons and
treasurers regarding required financial reports and submissions.
"(3) The Mayor shall provide
assistance to the Commissions in the following areas:
"(A) Legal interpretations of
statutes concerning or affecting the Commissions, or of issues or concerns affecting the
Commissions. These interpretations are to be obtained from the Corporation Counsel and may
be requested directly by any Commission;
"(B) Liaison efforts between the
individual Commissions and District government entities to ensure responsiveness to
Commission requests and compliance with current law;
"(C) Provision of government-owned or
leased office space to any requesting Commission pursuant to section 16(q);
"(D) Within 180 days of the effective
date of the Comprehensive Advisory Neighborhood Commission Reform Amendment Act of 2000,
issue regulations to provide parking privileges for Commissioners while on official
business; and
"(E) Any other assistance necessary
to ensure that a Commission is able to perform its statutory duties.
"(e) Whenever a District government
entity is required to establish a citizen's advisory mechanism, appointments to that
mechanism shall be made in such a manner as to ensure as far as possible the equal
representation on the mechanism of each electoral ward, provided that, members of the
advisory mechanism possess skills relevant to the tasks for which the advisory mechanism
was established and, in the event that the size of the advisory mechanism requires the
appointment of more than one person per ward, ward appointments shall be made in such a
manner so as to ensure as far as possible a fair representation of each Commission area.
"(f) Each executive and independent
agency, board, and commission of the District of Columbia and the Council shall assign an
individual to act as an Advisory Neighborhood Commission Liaison who will serve as the
primary contact for all Commissioners conducting official business with said government
entity. The Office of Advisory Neighborhood Commissions shall maintain a list of the
Liaisons.
(d) Section 16 is amended to read as
follows:
"Sec. 16. Same - Funds; audit of
accounts; employees; financial reports; publications; grants; office space.
"(a) Each Commission shall receive an
annual allocation pursuant to section 738 (e) of the Home Rule Act to be distributed
quarterly during the fiscal year, except that if the District's appropriations act for the
fiscal year has not become effective at the beginning of the fiscal year, each Commission
shall receive its first quarterly allocation for the fiscal year if and when a continuing
resolution is adopted by the Congress of the United States.
"(b)(1) 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 and which is located within the District of Columbia, as
a depository of all funds received by the Commission.
"(2) Each Commission shall request a
District of Columbia Tax Identification Number and include the phrase "District of
Columbia Government" in each account name within 90 days after the effective date of
the Comprehensive Advisory Neighborhood Commissions Reform Amendment Act of 2000.
"(3) 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 ("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 and Chairperson shall file
with the Auditor and maintain in force during their occupancy of their respective offices,
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 section 17 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 Auditor.
"(d)(1) The 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.
"(2) 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. The findings and recommendations of any audit shall be forwarded to the
affected Commission, the Council, the Mayor, the Office of Advisory Neighborhood
Commissions, the Office of the Inspector General, the Corporation Counsel, and any other
law enforcement agency with jurisdiction over alleged improper conduct.
"(3) In a case in which an Auditor's
report details a violation of this act, the affected Commission shall, within 90 days,
provide in writing to the Auditor, its response to each of the alleged infractions. If the
audited Commission fails to respond within 90 days, its next scheduled quarterly
allotments shall be forfeited until the response has been filed.
"(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 Auditor shall have access to the books and records of each Commission pursuant to D.C.
Code § 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
This act. Such financial documents shall include, but not be limited to, bank statements,
canceled checks, and signature cards. The 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 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.
"(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 is made without
the required authorization of the Commission, the expenditure shall be deemed to be a
personal expense of the Commissioner who authorized the payment, unless the Commission
subsequently approves the expenditure within 90 days. If the Commission fails to approve
the expense within 90 days, the Corporation Counsel, upon notification by the Auditor,
shall institute any actions necessary to recover Commission funds.
"(h) Each Commission may establish a
petty cash fund not to exceed $200 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 Commissioner or employee of the Commission an amount not in excess of
$200 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
Commission meeting within 45 days after the end of the quarter. A copy of the approved
financial report, signed by the Chairperson, the secretary, and the treasurer, shall be
filed, along with a record of the vote adopting the report, with the Auditor within 15
days of approval. 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. The Commission shall make available for
on-site review to the Auditor, upon the Auditor's request, originals of documents required
to be submitted with quarterly financial reports pursuant to this section. 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. If a Commission
fails to file 3 consecutive quarterly reports that meet the requirements of paragraph (1)
of this subsection, it shall relinquish its checkbook to the Auditor, whose permission
will be needed for any expenditure made by check until the Commission files the required
financial reports. The Mayor, upon the request of the Auditor, may issue official
instructions to any pertinent banking institution to freeze accounts held by a Commission
that has not complied with this paragraph.
"(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 be returned to the District's General Fund.
"(k) Reserved.
"(l)(1) 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, Commissioner training,
property liability insurance, and nominal refreshments at Commission meetings.
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. A Commission may expend its
funds for Commissioner training on subjects pertaining to their official duties when such
training is not available from government sources. A Commission may expend its funds to
purchase insurance or obtain indemnification against any loss in connection with the
assets of the Commission or any liability in connection with the activities of the
Commission, such insurance or indemnification to be purchased or obtained in such amounts
and from such sources as the Commission deems to be appropriate. 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.
"(2) 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.
"(m)(1) A grant may not be awarded
unless the grant is awarded pursuant to a vote of the Commission at a public meeting
following the public presentation of the grant request. A Commission may approve grants
only to organizations that are public in nature and benefit persons who reside or work
within the Commission area. The services provided by the grantee organization must not be
duplicative of any that are already performed by the District government.
"(2) An applicant for a grant must
submit an application in writing to the Commission. The application shall contain:
"(A) A description of the proposed
project for which the grant is requested;
"(B) A statement of expected public
benefits; and
"(C) The total cost of the proposed
project, including other sources of funding, if any.
"(3) Within 60 days following the
issuance of a grant, the grant recipient shall forward to the Commission a statement as to
the use of the funds consistent with the grant application, complete with receipts which
support the expenditures.
"(4) Grant disbursements shall be
included in quarterly financial reports submitted to the Auditor.
"(n) The Mayor may, pursuant to Title
1 of the District of Columbia Administrative Procedure Act 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 titles XXI, XXII, and XXIII of
the District of Columbia Government Comprehensive Merit Personnel Act of 1978. Except for
out of pocket expenses approved by the Commission, Commissioners shall not be compensated
for personal services rendered on behalf of the Commission.
"(p) Any Commissioner within an
individual Commission shall have equal access to the Commission office and its records in
order to carry out Commission duties and responsibilities. Moreover, any person has a
right to inspect, and at his or her discretion, to copy any public record of the
Commission, except as otherwise expressly provided by section 204 of the Freedom of
Information Act of 1979 in accordance with reasonable procedures that shall be issued by
the Commission after notice and comment concerning the time and place of access.
"(q) Upon the request of a
Commission, evidenced by a properly adopted resolution signed or transmitted by the
Chairperson and secretary, the Mayor shall provide that Commission with suitable office
space in a District-owned or leased building. The Mayor shall acknowledge receipt of the
resolution within 15 days and shall provide the Commission with a list of available ,
office space within 45 days thereafter. 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. If District-owned or leased office space
cannot be provided, the Mayor may seek to reprogram funds up to $600 per month to cover
the rental of office space for the respective Commission. Furnishings, equipment,
telephone service, and supplies for the office space shall be provided from the
Commission's fiends. 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.".
(e) A new section 18 is added to read as
follows:
"Sec. 18. Office of Advisory
Neighborhood Commissions; appointment of Executive Director.
"(a) There is hereby established an
Office of Advisory Neighborhood Commissions ("Office") to provide technical,
administrative, and financial reporting assistance to the Advisory Neighborhood
Commissions. Subject to appropriations beginning in Fiscal Year 2001, the Office shall be
funded by an annual budget allocation. The Office is intended to support the efforts of
Advisory Neighborhood Commissions and is not empowered to direct or supervise the actions
of Commissions.
"(b) The Office shall be headed by an
Executive Director who shall be appointed by the Council for a term of 3 years and may be
reappointed. The Executive Director may be removed by the Council for cause or by a vote
of "no confidence" by two-thirds of the Advisory Neighborhood Commissions within
a 6 month period. Once a "no-confidence" resolution is adopted by a Commission,
the secretary of the respective Commission shall transmit the resolution to the
Council.".
Sec. 4. Section 17 of the Advisory
Neighborhood Commissions Act of 1975 is amended as follows:
(a) The second sentence of subsection (b)
is amended to read as follows:
"A Commission shall be eligible to
participate in the Fund if the treasurer and the Chairperson of the Commission agree, on a
form to be provided by the Trustees, to be personally liable to the Fund for any sum paid
out by the Fund as a result of the treasurer or Chairperson's wrongful misappropriation or
loss of Commission monies.".
(b) Subsection (d) is amended by striking
the word "Chairman" and inserting the word "Chairperson" in its place.
(c) Subsection (a) is amended by adding
after the word "Auditor." the sentence "The Executive Director of the
Office of Advisory Neighborhood Commissions shall serve as a nonvoting Trustee.".
Sec. 5. Section 2 of the Supplementary
Neighborhood Commissions Act is repealed.
Sec. 6. Section 17(h)(3) of An Act To
regulate the election of delegates representing the District of Columbia to national
political conventions, and for other purposes, effective June 7, 1979 is amended to read
as follows:
"(3) A recall petition for an elected
officer from a single-member district shall include the valid signatures of 10% of the
registered qualified electors of the single-member district from which the officer was
elected, except when the elected officer has missed all regularly scheduled meetings of
the Advisory Neighborhood Commission of which the singlemember district is a part for at
least a three-month period, in which case the recall petition must only include the valid
signatures of 5% of the registered qualified electors of the single-member district from
which the officer was elected. The 5% or 10% shall be computed from the total number of
registered qualified electors from the single-member district in accordance with the same
procedures established in paragraph (1) of this subsection.".
Sec. 7. Fiscal impact statement.
The Council adopts the fiscal impact
statement in the committee report as the fiscal impact statement required by section
602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
813; D.C. Code § 1-233(c)(3)).
Sec. 8. Effective date.
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), 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)), a 30-day period of Congressional review as provided in
section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973
(87 Stat. 831; D.C. Code §1-233(c)(1)), and publication in the District of Columbia
Register.
Chairman, Council of the District of
Columbia
Mayor, District of Columbia |
