Back to pending legislation in Council period 14
A Resolution in the Council
of the District of Columbia
To provide rules of organization and procedure for the Council of the District of Columbia during Council Period XIV.
Resolved, by the Council of the District of Columbia, That this resolution may be cited as the "Rules for the Council of the District of Columbia, Council Period XIV Resolution of 2001".
Sec. 2. The document entited "Rules of Organization and Procedure for the Council of the District of Columbia, Council Period XIV", attached and made a part of this resolution, shall be the rules of the Council of the District of Columbia.
Sec. 3. This resolution shall take effect immediately pursuant to section 204(f) of the District of Columbia Codification Act of 1975, effective October 8, 1975 (D.C. Law 1-19; D.C. Code §1-1602).
TABLE OF CONTENTS
ARTICLE VIII -- OFFICIAL MAIL
For the purposes of these Rules, the term:
(1) "Agency" means any of the organizational units of the District of Columbia including, but not limited to, departments, boards, divisions, commissions, and offices, whether subordinate to or independent of the Mayor; except that "agency" shall not include the Council or the District of Columbia courts.
(2) "Auditor" means the Auditor of the District of Columbia as established by section 455 of the Charter (D.C. Code § 47-117).
(3) "Bill" means a proposed act of the Council.
(4) "Borrowing request" means a borrowing request submitted by the Mayor to the Council pursuant to section 10 of the Funds Control Act (D.C. Code § 47-309).
(5) "Budget" or "budget request" means the entire request for appropriations and loans or spending authority for all activities of all agencies, the Council and the District of Columbia courts, financed from all existing or proposed resources including both operating and capital expenditures.
(6) "Budget of the Council" means the entire request for appropriations by the Council.
(7) "Budget structure resolution" means a resolution submitted by the Mayor to the Council pursuant to section 9 of the Funds Control Act (D.C. Code § 47-308).
(8) "Ceremonial resolution" means an expression of appreciation, an honorarium of limited application, or a declaration of no legal effect, which is adopted without objection.
(9) "Chairman" means the Chairman of the Council of the District of Columbia, as established by section 401 of the Charter (D.C. Code § 1-221).
(10) "Charter" means title IV of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 774; D.C. Code § 1-221 et seq.).
(11) "Comprehensive Plan" means the comprehensive plan for the National Capital, including any elements of the plan, as provided in section 423 of the Charter (D.C. Code § 1-244). (12) "Control budget act" means an act submitted for consideration by the Council pursuant to section 8 of the Funds Control Act (D.C. Code § 47-307) to establish a control budget for the District of Columbia government or to establish as part of a control budget grants awarded during the fiscal year.
(13) "Council" means the Council of the District of Columbia established by section 401 of the Charter (D.C. Code § 1-221).
(14) "Council fiscal impact statement" means an analysis of the fiscal ramifications of the legislation to the Budget and Financial Plan of the District of Columbia, in accordance with requirements stipulated by the Council Budget Director, which is certified by the Budget Director, appointed pursuant to Rule 264.
(15) "Council Period" means the legislative session of the Council beginning at noon on January 2nd of each odd-numbered year and ending at noon on January 2nd of the following odd-numbered year.
(16) "Engrossing" or "engrossment" means the process by which there is finally prepared the text of a bill that has passed any reading prior to final reading.
(17) "Enrolling" or "enrollment" means the process by which there is finally prepared the text of a measure that has passed final reading.
(18) "Executive Branch" means the Office of the Mayor and any office, department, division, board, commission, or agency under the administrative authority of the Mayor.
(19) "Funds Control Act" means the District of Columbia Funds Control Act of 1980, effective September 26, 1980 (D.C. Law 3-104; D.C. Code § 47-381 et seq.).
(20) "Grant application" means any grant application required to be submitted by the Mayor to the Council pursuant to section 6 of the Funds Control Act (D.C. Code § 47-385).
(21) "Gross planning budget resolution" means the gross planning budget resolution submitted by the Mayor for approval by the Council pursuant to section 7 of the Funds Control Act (D.C. Code § 47-306).
(22) "Legal holiday" means a legal public holiday of the District of Columbia or the United States as set forth in D.C. Code § 28-2701.
(23) "Mayor" means the Mayor of the District of Columbia as established by section 421 of the Charter (D.C. Code § 1-241).
(24) "Measure" means a proposed act, resolution, or amendment to a proposed act or resolution, a motion pending before the Council or before a committee of the Council, a proposed reorganization plan, reprogramming request, non-offsetting budget modification request, grant application, proposed state plan, or proposed municipal regulation transmitted by law to the Council for its approval.
(25) "Meeting" means the formal convening of a committee or the Council, other than solely for the purpose of receiving testimony, held at a designated time and place for the purpose of transacting public business, including official action of any kind.
(26) "Member" means a member of the Council established by section 401 of the Charter and includes the Chairman, unless the context clearly indicates otherwise.
(27) "Normal business hours" means 9:00 a.m. through 5:30 p.m., Monday through Friday, except legal holidays.
(28) "Official action" has the same meaning as in section 742 of the District of Columbia Home Rule Act , approved December 24, 1973 (87 Stat. 774; D.C. Code § 1-1504).
(29) "Person" means an individual, partnership, association, corporation, or any other organization.
(30) "Recess of the Council" means periods of time during which regularly scheduled meetings of the Council are not held; i.e., the month of August through September 15th, the 9-day period beginning on the Friday immediately preceding Easter, the 17-day period beginning on July 15th of each year, and the 9-day period ending on December 31st of each year.
(31) "Remuneration" means the rate or level of compensation to be paid an employee for the performance of his or her duties up to and including, but no more than, the maximum authorized and appropriated by law.
(32) "Reprogramming Policy Act" means the Reprogramming Policy Act of 1980, effective September 16, 1980 (D.C. Law 3-100; D.C. Code § 47-361 et seq.).
(33) "Reprogramming request" means any reprogramming request or budget modification submitted to the Council pursuant to sections 4 and 5, respectively, of the Reprogramming Policy Act (D.C. Code §§ 47-363 and 364).
(34) "Resolution" means an expression of a simple determination, decision, or direction of the Council of a special or temporary character and includes actions of the Council concerning its internal management and conduct.
(35) "Short title" means the term by which an act or resolution may be cited.
(36) "State plan approval request" means a request to approve a state plan submitted by the Mayor to the Council pursuant to section 6 of the Funds Control Act (D.C. Code § 47-385).
(37) "Subpoena" means subpoena ad testificandum or subpoena duces tecum, or both. (38) "Transcription" means a verbatim recordation, including a tape recording.
201. OATH OF OFFICE.
(a) On January 2nd of each odd-numbered year, members of the Council whose terms begin at that time shall take and subscribe an oath or affirmation to support the Constitution of the United States and faithfully to discharge the office of member of the Council. The oath of office to the Councilmembers shall be administered by a legally authorized person of the member's choice. The Secretary to the Council shall supply printed copies of the oath, which shall be subscribed by the members and returned to the Secretary and recorded in the Council records as conclusive proof of the fact that the signer took the oath in accordance with law.
(b) A member of the Council whose term of office does not begin at the beginning of a Council Period shall take and subscribe an oath or affirmation described above as soon as practicable after he or she has been duly certified as having been elected or selected for the position.
202. CONFLICT OF INTEREST.
Any member who, in the discharge of his or her official duties on the Council, would be required to take an action or make a decision that would affect directly or indirectly his or her financial interest, as defined by section 601(b) of the District of Columbia Campaign Finance Reform and Conflict of Interest Act, approved August 14, 1974 (88 Stat. 467; D.C. Code § 1-1461(b)), or those of a member of his or her household or a business with which he or she is associated, or must take an official action on a matter as to which he or she has a conflict situation created by a personal, family, or client interest, shall disclose this information in writing to the Chairman, or shall submit a statement for the record at the appropriate committee or Council meeting. The Chairman shall excuse the member from votes, deliberations, and other action on the matter, if the member requests to be excused. If a member discloses a potential conflict of interest which the member determines does not prohibit him or her from taking official action pursuant to D.C. Code § 1-1461(b), the member may participate in the votes, deliberations and other actions on the matter; however, this disclosure shall be made whenever the member participates in any deliberations or other actions on the matter. If the member's participation would be prohibited by D.C. Code § 1-1461(b), the member shall not participate in any vote, deliberation or other action on the matter. If the participation by a chairperson of a committee in the votes, deliberations or other action on a measure assigned to the chairperson's committee would be prohibited by D.C. Code § 1-1461(b), the chairperson shall return the measure to the Chairman for reassignment. Any information disclosed under this section shall be included in the written record of the proceedings.
A. EXECUTIVE OFFICERS OF THE COUNCIL.
The Chairman shall be the presiding and chief executive officer of the Council.
212. CHAIRMAN PRO TEMPORE.
In each Council period, the Chairman shall nominate one member as Chairman Pro Tempore who will act in the place of the Chairman when the Chairman is absent or recuse himself or herself. The Council shall act on the Chairman's nomination by resolution.
213. VACANCY IN OFFICE OF CHAIRMAN.
Whenever a vacancy occurs in the Office of the Chairman or the Chairman is serving as Acting Mayor, the Chairman Pro Tempore selected pursuant to section 212 shall convene the Council. The Council, by resolution, shall elect one of its at-large members as Acting Chairman and another at-large member as Acting Chairman Pro Tempore until the vacancy in the Office of Chairman is filled or until the return of the regularly-elected Chairman.
B. COMMITTEE MEMBERSHIP.
At or near the beginning of a new Council Period, the Chairman shall nominate the chairperson and members of each committee of the Council. The Council shall by resolution act on the Chairman's nominations.
222. CHAIRMAN AS EX-OFFICIO MEMBER.
The Chairman shall be an ex-officio, voting member of all committees and may be counted for purposes of a quorum, but shall not increase the quorum requirement for the committee.
A vacancy in the membership or chair of a committee shall be filled by appointment by the Chairman, with the approval of the Council by resolution.
The Chairman and Council shall endeavor to distribute committee responsibility as evenly as possible among the members and in no event shall an individual member chair more than 1 standing committee. The principle of seniority shall be respected in the assignment of committee chairs.
225. PARTICIPATION OF MEMBERS IN COMMITTEE MEETINGS.
(a) Any member of the Council may attend the meeting of any committee and may participate in committee discussions, but only committee members may make motions and cast votes.
(b) Any member of the Council may participate fully in the hearings of any committee.
226. RULES OF COMMITTEES.
(a) Each committee shall adopt written rules, not inconsistent with these Rules or other applicable law, to govern its procedures. The committee rules, effective when filed in the Secretary's Office, shall incorporate the following principles:
(b) The following provisions of these Rules shall be considered rules of committees: 101 (Definitions); 202 (Conflict of Interest); 304 (Quorum); 305 (Meetings Open to the Public); 306 (Executive Sessions); 307 (Hearing the Mayor); 321 (Decorum of Members); 322 (Decorum of Members of the Public); 331 (Obtaining the Floor); 332 (Limitations on Debate); 333 (Personal Privilege); 334 (Points of Order); 335 (Appeal); 336 (Extension of Remarks); 341 (Motions Recognized During Debate); 342 (Withdrawal or Modification of Motions); 344 (Amendments to be Written); 351 (Form of Vote); 352 (Voice Votes); 353 (Demand for Roll Call Vote); 356 (Proxy Voting Prohibited); 357 (Reconsideration); 425 (Methods of Notice); 447 (Records of Legislative Meetings); 449 (Effect of End of Council Period); 1001 (Parliamentary Authority); 1002 (Gender Rule of Construction); and 1003 (Suspension of Rules).
(c) Any provision of these Rules that by its terms specifically applies to a committee shall be binding on each committee.
(d) When these rules are used as committee rules, and unless the context dictates a different meaning, the term "Council" means "committee", the term "member" or "member of the Council" means "member of the committee", the term "Chairman" means "Chairperson of the Committee", and the term "Secretary" means "Clerk or other staff of the committee".
(e) A committee may adopt additional rules. Committee rules adopted under this section shall be consistent with these Rules and other applicable law, and shall be filed with the Secretary to the Council.
C. STANDING COMMITTEES.
231. COMMITTEE OF THE WHOLE.
(a) The Committee of the Whole is responsible for matters pertaining to the annual budget, and amendments, additions, or supplements to the budget; coordinating the Council's relationships with the Congress, the Federal executive branch, and the D.C. Financial Responsibility and Management Assistance Authority; monitoring the progress of Council legislation through Congressional review; monitoring the status of original legislative proposals pending in the Congress that may affect the District of Columbia, the Council, or its legislation; the development of the comprehensive plan and other matters pertaining to land use; public space naming; federal grants management; reapportionment and realignment of the political subdivisions of the District of Columbia; Council administration and personnel; the scheduling of all matters for consideration by the Council in the legislative meeting; legislative matters related to the District of Columbia as a political entity, including matters related to Statehood and self-determination for the District; and other matters assigned to it by these Rules or by the Chairman.
(b) The Chairman of the Council is the Chairman of the Committee of the Whole and its members include all members of the Council. The Committee of the Whole shall meet on the third Tuesday of each month, except during periods of Council recess, in a work session to consider measures which have been reported and timely filed by committees pursuant to subsection (c) of this section, and for the introduction and referral of legislation. The Chairman shall prepare the agenda for each meeting of the Committee of the Whole. The Chairman may not withhold a measure duly reported and timely filed by another committee from the Committee of the Whole agenda unless the Committee of the Whole votes to table the measure.
(c) Except as provided in section 339, each bill and resolution reported by the committees of the Council identified in sections 232 to 240 shall be referred to the Committee of the Whole for a review of its legal sufficiency and technical compliance with the drafting rules of the Council; for ascertaining completion of the record; for a determination of the sufficiency of the fiscal impact statement required by section 443(c); and for scheduling for the Legislative Session.
(d) The following agencies shall come within the purview of the Committee of the Whole:
232. COMMITTEE ON CONSUMER AND REGULATORY AFFAIRS.
(a) The Committee on Consumer and Regulatory Affairs is responsible for matters relating to government regulation of commercial, non-health occupations and professions, real estate, and housing activities, including maintenance of housing stock, and housing inspectors; consumer affairs; banking activities that relate to consumer affairs, and environmental health, environmental matters related to consumer and regulatory affairs.
(b) The following agencies come within the purview of the Committee on Consumer and Regulatory Affairs:
233. COMMITTEE ON ECONOMIC DEVELOPMENT.
(a) The Committee on Economic Development is responsible for matters related to economic, industrial and commercial development; tourism, cultural affairs; international business and affairs; cable television; industrial revenue bonds; the regulation of banks, and matters related to the development of housing stock.
(b) The following agencies come within the purview of the Committee on Economic Development:
234. COMMITTEE ON EDUCATION, LIBRARIES, AND RECREATION.
(a) The Committee on Education, Libraries, and Recreation shall be responsible for all matters related to public education, libraries, and recreation.
(b) The following agencies come within the purview of the Committee on Education, Libraries, and Recreation:
235. COMMITTEE ON FINANCE AND REVENUE.
(a) The Committee on Finance and Revenue is responsible for matters relating to taxation and revenue for the operation of the government of the District of Columbia; insurance, general obligation bond acts, and revenue anticipation notes.
(b) The following agencies shall come within the purview of the Committee on Finance and Revenue:
236. COMMITTEE ON GOVERNMENT OPERATIONS.
(a) The Committee on Government Operations is responsible for matters related to elections, general services, personnel, including human rights; employment and manpower development, and general administration of the government of the District of Columbia.
(b) The following agencies come within the purview of the Committee on Government Operations:
237. COMMITTEE ON HUMAN SERVICES.
(a) The Committee on Human Services is responsible for matters concerning welfare; social services; health; the regulation of health occupations and professions; youth affairs (other than corrections), health care inspectors; concerns of the aging, and energy.
(b) The following agencies come within the purview of the Committee on Human Services:
238. COMMITTEE ON THE JUDICIARY.
(a) The Committee on the Judiciary shall be responsible for matters affecting the judiciary and judicial procedure which are within the authority of the Council; matters affecting decedents' estates and fiduciary affairs; matters affecting administrative law and procedure; matters affecting criminal law and procedure; matters arising from or pertaining to the police and fire regulations of the District of Columbia; and other matters related to police protection, correctional institutions (including youth corrections), fire prevention, and civil defense.
(b) The following agencies come within the purview of the Committee on the Judiciary:
239. COMMITTEE ON LOCAL AND REGIONAL AFFAIRS.
(a) The Committee on Local and Regional Affairs is responsible for coordinating the Council's relationships with appropriate regional, state, and national associations and organizations; the Council's relationship with regional authorities and regional public transportation issues, and other regional bodies and organizations not specifically assigned to other committees; and matters regarding Advisory Neighborhood Commissions.
(b) The following agencies shall come under the purview of the Committee on Local and Regional Affairs:
240. COMMITTEE ON PUBLIC WORKS AND THE ENVIRONMENT.
(a) The Committee on Public Works and the Environment is responsible for matters relating to environmental management and maintenance, public space, highways, bridges, traffic, regulation of vehicles, the regulation of taxicabs, maintenance of public spaces, maintenance of public buildings, recycling, waste management, water supply, air and water quality, and wastewater treatment.
(b) The following agencies come within the purview of the Committee on Public Works and the Environment:
D. SPECIAL COMMITTEES.
251. CREATION OF SPECIAL COMMITTEES.
Special committees to consider investigations, ethics, and other matters may be created by resolution, approved by 2/3rds of the members of the Council. The resolution shall set forth the jurisdiction, size, duration, and date for final action of the special committee.
252. USE OF SUBPOENAS BY SPECIAL COMMITTEE.
A special committee may use subpoenas to obtain testimony or documents only if the resolution creating the special committee authorizes the issuance of subpoenas. Subpoenas issued by special committees shall comply with the requirements of Article VI of these Rules.
E. APPOINTED OFFICERS OF THE COUNCIL.
261. APPOINTMENT OF OFFICERS.
The appointed officers of the Council are the Secretary, General Counsel, and the Budget Director. The assignment, removal, and remuneration of these officers shall be recommended by the Chairman, and approved by vote of the majority of the Council.
The Secretary is the chief administrative officer of the Council and is responsible for maintaining records of Council actions including the filing of bills and proposed resolutions, amendments to bills and resolutions, requests for hearings, committee reports, and other records and reports assigned by these Rules, the Council, or the Chairman, and for proposing and administering the fiscal year budget of the Council.
263. GENERAL COUNSEL.
The General Counsel is responsible for advising the Council on matters of parliamentary procedure, identifying legislative problems, providing members with alternatives in terms of policy options to solve those problems, representing the Council in any legal action to which it is a party, supervising the publication of the District of Columbia Code, providing legislative drafting assistance to all members, engrossing and enrolling measures, and making necessary technical and conforming changes in measures during enrollment.
264. BUDGET DIRECTOR.
The Budget Director is responsible for advising members of the Council on matters related to the budget including the development of annual and multiyear budgets and financial plans, review of contracts, and analysis of the fiscal impact of legislation. The budget staff shall also serve as a resource for all Council committees and members.
F. COUNCIL PERSONNEL AND APPOINTMENTS.
271. SUBORDINATE STAFF OF APPOINTED OFFICERS.
The appointed officers may assign, remove, and determine the remuneration for their respective professional and clerical staffs, subject to appropriations and positions allocated by the Council.
272. COMMITTEE STAFF.
(a) The chairperson of each committee shall assign, remove, and determine the remuneration for the staff of the committee, subject to appropriations and positions allocated by the Council.
(b) The chairperson of each committee shall notify the members of the committee of such action within 3 working days.
273. MEMBERS' PERSONAL STAFF.
Each member may assign, remove, and determine the remuneration for his or her personal staff, subject to appropriations and positions allocated by the Council.
274. COUNCIL APPOINTMENT TO OTHER BODIES.
Where the law provides for the Council to appoint a person to another body, the Chairman shall nominate the person and the Council shall act on the nomination by resolution. A representative appointed by the Chairman or Council shall report to the Council on a periodic basis. The Council may, by resolution, instruct its representative as to the position to take on a particular matter.
275. APPOINTMENT BY COMMITTEES AND MEMBERS.
(a) Where the law provides for a committee to appoint or approve the appointment of a person to a board or commission, the committee shall act on the appointment by committee resolution filed with the Secretary.
(b) Where the law provides for a member to appoint a person to a board or commission, the member shall make the appointment by memoranda filed with the Secretary, which states:
(1) The legal capacity in which the member is acting, e.g., as a member of the Council or as chair or a member of a particular committee;
(2) The date of appointment;
(3) The official name of the board or commission to which the person is being appointed;
(4) The name, complete mailing address, and ward designation of the person appointed;
(5) The law under which the appointment is being made; and
(6) The term of the appointment.
After January 1, 1987, each member of a District of Columbia board or commission who is not serving as a member of that board or commission as of January 1, 1987, and who is appointed under section 274 or 275, shall be a resident of the District of Columbia at the time of appointment, unless the law or executive order that established the board or commission specifically authorizes the appointment of a nonresident as a member of the board or commission.
ARTICLE III -- PROCEDURES FOR MEETINGS.
On the first day of each Council Period that is not a Saturday, Sunday, or legal holiday, the Council shall convene an organizational meeting for the purpose of considering the adoption of Rules of Organization and Procedure, selecting a Chairman Pro Tempore pursuant to section 212, appointment of committee chairs and memberships, appointment of members to regional bodies, and appointment of Council officers. If a quorum is not present, the Chairman shall convene an organizational meeting as soon as feasible.
302. REGULAR MEETINGS.
(a) The Council shall hold a regular legislative meeting on the first Tuesday of every month except during a period of recess of the Council. When the day for a regularly scheduled legislative meeting falls on a day designated by law as a legal holiday, the meeting shall be held at the same time on the next succeeding day not a holiday. Regularly scheduled legislative meetings shall be held at 10:00 a.m. The Chairman may designate another hour for a meeting at the next legislative meeting or meeting of the Committee of the Whole or by written notice to each member and the Secretary to the Council at least 24 hours before the regularly scheduled hour.
(b) All regular meetings of the Council shall be held in the Council Chamber, Room 500 of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W., or unless another place is designated by a majority of the Council either in a legislative meeting or in writing circulated to all members and the Secretary to the Council not less than 24 hours prior to the scheduled meeting. During the period the John A. Wilson Building is being renovated, all regularly scheduled meetings shall be held in the Council's temporary chambers.
(c) If a majority of the Council is present at a regular meeting, the Chairman may recess that meeting to another time, day, or place, or may reschedule a future regular meeting to another time, day, or place.
(d) The Chairman may cancel a future regularly scheduled meeting. The Secretary shall notify each member of a meeting cancellation.
303. ADDITIONAL AND SPECIAL MEETINGS.
(a) The Chairman may call additional meetings of the Council.
(b) Any 2 members may request that the Chairman call a special meeting of the Council. The request must be in writing and filed in the Office of the Secretary. Immediately upon the filing of the request, the Secretary shall notify the Chairman and other members of the filing of the request. If, within 24 hours after the request is filed, the Chairman does not call the requested special meeting, to be held within 72 hours after the request is filed, a majority of the members of the Council may file in the office of the Secretary their written notice that a special meeting of the Council will be held, specifying the date, hour, place, and agenda of the special meeting. The Council shall meet at that date and hour. Immediately upon the filing of the notice, the Secretary shall notify all members of the Council as provided in subsection (c) of this section.
(c) Whenever an additional or special meeting is called, the Secretary shall notify each member in writing not less than 24 hours prior to the additional or special meeting. The notice shall state the date, hour, place, and agenda of the meeting and may state whether items are to be considered on a consent or non-consent agenda. No matter shall be considered at an additional or special meeting except those stated in the request and notification. An additional or special meeting to consider an emergency matter may be called upon shorter notice, if a majority of the members agree in writing to the shorter notice.
A majority of the members constitutes a quorum for the lawful convening of a Council meeting and for the transaction of business, except that a lesser number may hold hearings. A meeting shall not begin until a quorum is ascertained by the Chairman. After a quorum has been ascertained, the meeting shall proceed, unless a member raises the absence of a quorum, whereupon the Chairman shall direct the calling of the roll and shall announce the result. These proceedings shall be without debate, and until a quorum is present, no debate or motion shall be in order except to recess for 20 minutes to find absent members. After the recess, the roll shall be called again. If a quorum is present, the meeting shall proceed; if a quorum is not present, the meeting shall be adjourned.
305. MEETINGS OPEN TO THE PUBLIC.
All meetings of the Council at which official action is taken shall be open to the public. No resolution, rule, act, or other official action shall be effective unless taken, made, or enacted at an open meeting.
306. EXECUTIVE MEETINGS.
Upon the affirmative vote of a majority of the members present and voting at a public meeting, the Council may conduct a meeting in an executive session to the extent permitted by section 305.
307. HEARING THE MAYOR.
The Mayor has the right to be heard by the Council upon request and at reasonable times set by the Council.
(a) Except as set forth in subsection (b) of this section, no bill or resolution, other than an emergency bill or emergency resolution to be considered at a special or additional meeting called pursuant to these Rules, may be introduced during a recess of the Council. No committee may take official action during a recess of the Council, except that, when specifically authorized to do so by a vote of a majority of the Council, a committee may hold a public hearing or roundtable. A notice of future committee action may be filed during a recess of the Council.
(b)(1) A proposed contract in excess of $1 million during a 12-month period or a multiyear contract for goods or services that is required to be submitted to the Council pursuant to section 451 of the District Charter may be transmitted to the Office of the Secretary for the Council during the 30-day period prior to the end of the summer recess of the Council, a committee may hold a public hearing and take official action on the proposed contract in excess of $1 million or multiyear contract during this period, and a member of the Council may introduce a resolution approving or disapproving a contract in excess of $1 million or a multiyear contract during this recess period.
309. COUNCIL REVIEW OF CONTRACTS.
(a) Notwithstanding section 402(b) of these Rules, the time period for Council review of a proposed contract in excess of $1 million during a 12-month period or a multiyear contract that is required to be submitted to the Council pursuant to the District Charter shall begin on the first day (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the Council. The Secretary to the Council shall ensure that a copy of the proposed contract is designated as urgent and circulated to the office of each member of the Council within 24 hours (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the Council.
(b) The submission of an annual capital program of federal-aid highway projects to the Council for review and approval and approval of the annual program is deemed as approval of the individual contracts that make up the annual program.
B. ORDER OF BUSINESS FOR MEETINGS.
311. ORDER OF BUSINESS FOR REGULAR MEETINGS.
Subject to section 313, the Council shall take up business in the following order unless a different order has been set for a particular meeting by action of the Committee of the Whole:
312. ORDER OF BUSINESS FOR ADDITIONAL AND SPECIAL MEETINGS.
The Council shall take up business in the following order at an additional or special meeting:
313. PROCEEDING OUT OF ORDER.
The Chairman, without objection, or upon the vote of a majority of the members present and voting, may take up any item of business out of order.
321. DECORUM OF MEMBERS.
(a) Members shall not engage in private discourse or commit any other act tending to distract the attention of the Council from the business before it.
(b) In debate a member must confine remarks to the question at hand, and avoid personalities.
(c) A member in referring to another member should avoid using the member's name, rather identifying that member by ward or at-large status, as the member who last spoke or by describing the member in some other manner.
(d) It is not the person but the measure that is the subject of debate, and it is not allowable to question or impugn the motives of a member, but the nature or consequences of a measure may be condemned in strong terms.
322. DECORUM OF MEMBERS OF THE PUBLIC.
(a) The Chairman shall maintain order in the Council Chamber. If the Chairman determines that the removal of a person other than a member is necessary to maintain order, after warning the person, the Chairman may order the removal of the disorderly person.
(b) Unless permitted by the Chairman, no member of the public may enter the area designated as the well or the dais of the Council Chamber during an official meeting of the body.
(c)(1) No signs, placards, posters or attention devices of any kind or nature shall be carried or placed within the Council hearing or meeting rooms or Council Chamber. No demonstrations are permitted in the Council Chamber or any area in which a Council proceeding or a public hearing is being conducted.
(d) No person, except a member of the Council or Council staff, shall be allowed in the anterooms of the Council Chamber, during the course of any hearing or other proceeding of the Council or any committee of the Council, except upon invitation of the Chairman of the Council or the chairman of the committee holding the public hearing.
D. RULES OF DEBATE.
331. OBTAINING THE FLOOR.
A member who wishes to speak, give notice, make a motion, submit a report, or for any other purpose, shall address and be recognized by the Chairman before addressing the Council.
332. LIMITATIONS ON DEBATE.
(a) No member may be recognized more than one time to debate or make a motion relating to a pending matter until all members who wish to speak have been recognized.
(b) A member may speak no more than 10 minutes during the first round of debate on a pending matter, and no more than 5 minutes on a subsequent round.
(c) Debate may be limited by a motion to move the previous question approved by a majority of the members present and voting.
(d) Following approval of a motion to move the previous question, each member shall be entitled to not more than 3 minutes to debate the pending question and the bill or resolution cannot be further amended absent a motion to reconsider the motion to move the previous question.
(e) Debate on a pending matter may be closed and the matter put to an immediate vote by a motion to close debate approved by 2/3rds of the members present and voting. A motion to close debate shall not be in order unless all members desiring to be heard have had at least one opportunity to speak on the pending matter.
(f) A member may yield all or part of his or her time provided by this section to another member.
(g) A motion to move the previous question or to close debate shall be in order only when a member has been recognized for the purpose of making such a motion.
(h) Motions to move the previous question or to close debate shall not be debatable.
333. PERSONAL PRIVILEGE.
Any member, as a matter of personal privilege, may speak for a period of not longer than 10 minutes concerning matters which may affect the Council collectively, its rights, its dignity or the integrity of its proceedings, or the rights, reputation, or conduct of its individual members in their representative capacities only.
334. POINTS OF ORDER.
Points of order are debatable only at the discretion of the Chairman. If the Chairman permits debate, he or she has authority to limit it.
An appeal may be taken from any decision of the Chairman. A member must state his or her reasons for appealing a decision, to which the Chairman may respond. Appeals must be acted upon immediately. An affirmative vote of 1/2 of the members present and voting is required to sustain the Chairman.
336. EXTENSION OF REMARKS.
(a) A member, with the unanimous consent of the members present at any meeting, may revise and extend his or her remarks made at a meeting. No member may make an extension or revision of remarks which would cause another member's comments to be taken out of context. The official transcript of a meeting shall be annotated to indicate the extension or revision of remarks. (b) Extensions of remarks must be filed with the Secretary within 2 days after the first transcript of the remarks have been received in the member's office. Saturdays, Sundays, and legal holidays shall not be included in computing time under this section.
337. RECOGNITION OF NON-MEMBERS.
The Chairman may recognize a member of the public or an employee of the District of Columbia government if the participation of the person would, in the judgment of the Chairman, enhance the understanding of the matter under consideration by the Council. Recognition of a non-Councilmember during a legislative meeting shall be limited to situations in which emergency action by the Council is under consideration.
338. PRESENTATION OF CEREMONIAL RESOLUTIONS.
(a) Ceremonial resolutions may be presented from the well of the Council Chamber during legislative meetings by the member who introduced the resolution, or another member designated by the member introducing the resolution.
(b) During a Council Period, no Councilmember shall be permitted to present more than a total of eight ceremonial resolutions at legislative meetings, except that one member may yield his or her right to present ceremonial resolutions under this section to another member.
(c) No Councilmember shall be permitted to speak more than 2 minutes on each ceremonial resolution.
(d) No recipient of a ceremonial resolution shall be permitted to present a display or performance during a legislative meeting.
(e) No more than 1 recipient for each ceremonial resolution shall be permitted to speak during a legislative meeting.
339. EXPEDITED OPTIONAL PROCEDURE FOR REPROGRAMMINGS AND REVIEW RESOLUTIONS.
(a) This section shall apply to a resolution regarding a reprogramming request, and regulations and other actions that are:
(b) A resolution covered by this section may, at the option of the committee chair, be placed on the non-consent agenda of the next legislative meeting following approval by a committee, without referral to the Committee of the Whole, if the committee report on the resolution is circulated by the committee chair to all members and the Secretary to the Council within 24 hours of the committee action and before noon of the day preceding the legislative meeting. If a reported resolution is considered at a legislative meeting without prior consideration at a Committee of the Whole meeting under this section, the legal sufficiency, technical compliance with the drafting rules of the Council, completion of the record of the reported resolution, and the sufficiency of the fiscal impact statement, shall be reviewed at the legislative meeting at which it is considered.
(c) When a resolution covered by this section has been reported by the committee to which it was referred, and is scheduled for review in a work session of the Committee of the Whole as provided in section 231, the Chairman may convene a legislative meeting, to immediately follow the Committee of the Whole work session, solely to consider the resolution. A legislative meeting may be convened under this section by circulating the reported resolution and a notice, stating the date, hour, place and agenda for the meeting, at least 24 hours before the meeting. This section only applies where (1) the period of legislative review will expire before the next regular legislative meeting of the Council, or (2) it is necessary to approve or disapprove the resolution prior to the expiration of the review period.
341. MOTIONS RECOGNIZED DURING DEBATE.
When a question is under debate, the Chairman may entertain only the following motions, which shall take precedence in the order listed:
342. WITHDRAWAL OR MODIFICATION OF MOTIONS.
Any motion may be withdrawn or modified by the mover at any time before it has been amended or voted on.
343. AMENDMENTS TO BE WRITTEN.
(a) Members shall endeavor to file amendments to pending bills and resolutions in writing in the Office of the Secretary for circulation to members of the Council at least 24 hours preceding the legislative session at which they are to be moved.
(b) Prior to a vote on a measure, oral amendments shall be reduced to writing and read by the General Counsel.
351. FORM OF VOTE.
Voting shall be in the form of "YES", "NO", and "PRESENT". A vote of "PRESENT" shall be deemed the equivalent of an abstention or a non-vote.
352. VOICE VOTES.
Except as provided in Rule 353, votes on all questions shall be by voice, with the results determined by the Chairman. A member's vote upon any matter shall be recorded upon request.
353. DEMAND FOR ROLL CALL VOTE.
Any member, in advance of a vote or promptly thereafter, may demand a roll call vote.
354. CALLING THE ROLL.
When a roll call vote is demanded, the Secretary shall call the roll of the members in rotating alphabetical order so that the member whose name is called first is the same member whose name was called second on the next previous vote, and so on through the roll, so that the member whose name is called last is the same member whose name was called first on the next previous vote.
355. RECORDS OF VOTES.
When a roll call vote is demanded, the Secretary will record the names of those voting "YES", "NO", or "PRESENT". Members will be recorded as absent if they are not in the chambers when a vote is taken. Voting records are official records of the Council.
356. PROXY VOTING PROHIBITED.
No proxy shall be permitted either for the purpose of voting or for the purpose of obtaining a quorum.
(a) Any member recorded as having voted with the prevailing side on a question may move to reconsider the question at any time, except as limited by this section. An act may be reconsidered before it has been approved, deemed approved, or vetoed by the Mayor. A resolution may be reconsidered at any time prior to its implementation. A committee may reconsider its vote to report legislation at any time before the Council votes on the measure.
(b) For the purpose of this rule, any member who was present and voting on a question decided by a voice vote will be considered as having voted with the prevailing side on the question, unless the member had asked to be recorded as voting against the prevailing side or "PRESENT". (c) A motion to reconsider can not be made by a member who was absent during a voice or roll call vote on a question.
(d) A motion to reconsider requires the approval of a majority of the members present and voting.
(e) When a motion to reconsider a vote is defeated, it cannot be repeated.
(f) A motion to reconsider is not required to consider amendments to move, to strike, or to accept amendments accepted or rejected on a previous reading of a bill.
(g) Votes to approve or amend these Rules may not be reconsidered pursuant to this section.
358. SUMMONS OF MEMBERS.
Upon the taking of a successful vote on a motion to close to debate , the Chairman may hold open the calling for the vote for a period of no longer than three minutes. During that time, all members who are absent from the Council Chamber shall be summoned. At the direction of the Chairman, the Secretary shall call the names of the members.
ARTICLE IV -- LEGISLATION.
A. INTRODUCTION OF LEGISLATION.
401. WHO MAY INTRODUCE.
(a) Only members of the Council may introduce legislation for consideration by the Council. (b) Any proposed legislation transmitted to the Council by the Mayor or an independent agency submitted in appropriate form and in compliance with these Rules shall be introduced by the Chairman, at the request of the Mayor or independent agency. Any bill or resolution proposed by the Mayor or an independent agency shall be delivered to the Office of the Chairman before one o'clock P.M. on the regular work day preceding any meeting of the Council as a prerequisite to its introduction or consideration at such meeting. All legislation from the Mayor or an independent agency, shall be transmitted to the Council by diskette and hard copy. The Secretary to the Council shall determine whether the proposed legislation is in appropriate form and may return any proposed legislation that is not in appropriate form to the Mayor or independent agency.
402. MANNER OF INTRODUCTION.
(a) Members of the Council may introduce bills and resolutions either by:
(b) Unless specifically provided otherwise by law, no matter transmitted for a period of Council review prior to its taking effect shall be deemed transmitted to the Council or the Chairman, and no time period for Council review shall begin to run until the matter has been formally introduced by the Chairman at a legislative session or work session of the Committee of the Whole.
(c) Whenever proposed legislation would require the Secretary to transmit its text or anything associated with the text to a person or organization, the sponsor of the legislation shall provide the Secretary with the last known address of the proposed recipient.
403. INTRODUCTION OF EMERGENCY LEGISLATION.
Emergency legislation and resolutions declaring the existence of emergency circumstances may be introduced as provided in section 402 or may be introduced at a meeting called to consider the emergency legislation.
404. INTRODUCTION OF AUTHORITY RECOMMENDATIONS.
(a) Upon the receipt of a recommendation by the Chairman of the Council from the District of Columbia Financial Responsibility and Management Assistance Authority ("Authority"), made pursuant to section 207 of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 97; D.C. Code § 47-392.7) ("FRMAA"), the recommendation will be filed in the Office of the Secretary. A number shall be assigned and the Secretary to the Council shall ensure that a copy of the recommendation is circulated to the office of each member of the Council within 24 hours (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary.
(b) The Secretary to the Council shall send a record of receipt to the Authority indicating that the 90-day period for Council response to the recommendation will commence when the recommendation is officially noted on the Secretary's Log of Introduction at the next Legislative or Committee of the Whole meeting.
(c) A notice of the recommendation will be contained on the Secretary's Log of Introductions to be read at the next Legislative or Committee of the Whole meeting scheduled following its receipt by the Chairman.
(d) When a recommendation is introduced in the Council, it shall be retained by the Council and referred for comments to the appropriate standing committee.
(e) The Office of the General Counsel shall review each recommendation and provide comments to the appropriate standing committee.
(f) The 90-day period provided in section 207 of FRMAA for the Council to respond to the recommendation shall begin to run the day following its introduction at a legislative session or Committee of the Whole work session.
(g) The standing committee to which the recommendation has been referred for comments shall issue a committee report within 60 days from the date of introduction and file a report containing the committee's recommended response in the Office of the Secretary. The Office of the Secretary shall circulate a copy of the committee's report to each member of the Council within 24 hours (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary.
(h) The committee report on the recommendations shall be placed on the agenda for the next Committee of the Whole work session.
(i) The Committee of the Whole shall consider the committee report on the recommendation of the Authority. The committee report may be amended at the Committee of the Whole work session.
(j) The Committee of the Whole shall file a report on the Council's response to the Authority's recommendations as adopted by the Committee of the Whole, prior to the expiration of the 90-day response period, in the Office of the Secretary. The Office of the Secretary shall transmit the report adopted by the Committee of the Whole to the President, Congress, and Authority. Any legislation needed to implement the recommendations shall be transmitted to the Authority in accordance with the normal legislative process.
(k) The Office of the General Counsel shall provide written notification to the Chairman if the standing committee fails to act within the 60-day period provided in subsection (g) of this section. If this occurs, the Chairman shall direct the staff of the Committee of the Whole to prepare a report responding to the recommendation for consideration at the next Committee of the Whole work session.
405. READING INTRODUCTIONS.
(a) At each legislative meeting of the Council and work session of the Committee of the Whole, during the period designated for introductions, the Secretary shall read the short titles of bills and proposed resolutions which were introduced, pursuant to section 402(a)(2), between the previous reporting period and the Thursday preceding the legislative or Committee of the Whole work session, giving the numbers assigned as provided in section 444, and the committee assignments as provided in section 406.
(b) Bills and proposed resolutions may not be debated or amended when they are read for introduction, but it is in order for a member to take exception to a committee assignment or to recommend or request that the Chairman make an alternative or additional committee assignment.
(c) The formal reading of the Secretary's report as provided in subsection (a) of this section may be waived by unanimous consent.
(d) Notwithstanding other provisions of this section, a member may raise questions regarding committee assignments of legislation included in the Secretary's report without a formal reading of the entire Secretary's report.
406. COMMITTEE ASSIGNMENT.
(a) When a bill or proposed resolution is introduced prior to a legislative session or Committee of the Whole work session, the Chairman shall assign it to the appropriate committee or committees according to the standards of germaneness, unless the Council retains the measure. When a bill or proposed resolution is introduced at a legislative session or Committee of the Whole work session, the Chairman may provisionally assign the bill to a committee or committees. If the Chairman does not assign the bill or proposed resolution to another committee or committees within 72 hours, the assignment shall be deemed official at the end of the 72-hour period. If the Chairman assigns the bill or proposed resolution to another committee, the new assignment shall not become official until the next regularly scheduled legislative meeting or Committee of the Whole work session. The Chairman may assign a bill or proposed resolution for comments at any time.
(b) The Chairman may assign a bill or resolution to 2 or more committees for sequential consideration of all or part of the measure, and may assign all or parts of the measure to other committees for comments.
(c) The Chairman may reassign a bill or resolution from 1 committee to another committee, except that the reassignment shall not become official until it has been noted in a legislative meeting or Committee of the Whole work session where the reassignment may be appealed in the same manner as any other decision of the Chairman.
(d) The Chairman's decisions on committee assignments may be appealed in the same manner as other decisions of the Chairman.
(e) A committee may not consider a bill or proposed resolution until the assignment is deemed official. An assignment is official once members of the Council have had an opportunity to object to the committee assignment at a legislative session or Committee of the Whole work session. This subsection shall not apply to matters referred to the Committee of the Whole, if referral to the Committee of the Whole is required by these Rules.
407. COMMENTS BY EXECUTIVE BRANCH.
The Executive Branch may comment on any bill or resolution. Unless otherwise required by law, neither the Council nor a committee must wait for Executive Branch comments before considering the measure.
408. WITHDRAWAL OF LEGISLATION.
(a) Whenever a rule, regulation, or resolution is proposed for promulgation by an entity other than the Council and is required by law to be approved, disapproved, or reviewed by the Council prior to its taking effect and would take effect automatically by operation of law, the proposal may be withdrawn formally by the proposer prior to final Council action or, if the Council takes no action, prior to any time limit imposed by law. The withdrawal shall render the original proposal a nullity as if it were never proposed. These proposed rules, regulations, and resolutions may be withdrawn only by written request transmitted to the Chairman.
(b) Whenever a measure is introduced by a member of the Council, it may be withdrawn formally by the introducer at any time before any action has been taken by the Committee to which it has been assigned (i.e., hearing, markup, or vote). The withdrawal shall be in writing and transmitted to the Secretary of the Council for circulation to the members. The withdrawal shall render the original proposal a nullity as if it were never proposed.
(c) Without objection, a committee chairperson may withdraw, one time only, a measure reported by that committee from Council consideration until the next regularly scheduled meeting.
B. COUNCIL APPROVAL.
411. CONSENT AGENDA.
The Chairman shall prepare a consent agenda for each legislative session which shall include bills and resolutions that the Chairman believes will be adopted by unanimous vote. The consent agenda shall be approved by the Committee of the Whole at its work session immediately preceding the legislative session for which the agenda was prepared. The chair of a committee may amend the committee print of a bill or resolution without removing the bill or resolution from the consent agenda, if the amendment is delivered to the Secretary at or before the Committee of the Whole meeting and circulated at the Committee of the Whole meeting. Any member may strike a bill or proposed resolution from the consent agenda at the Committee of the Whole meeting or at the legislative meeting prior to the vote on the consent agenda. Bills and resolutions removed from the consent agenda shall be considered as provided in section 311. Prior to the vote on the consent agenda at a legislative meeting, and without objection from any other member, a member may request that a measure printed on the non-consent agenda be moved to the consent agenda. Legislation remaining on the consent agenda shall be approved by the Committee of the Whole and shall be considered at the legislative session as provided in section 311. Approval of the consent agenda during the legislative session will include the unanimous approval of all matters included in the consent agenda. If a member asks for his or her vote to be recorded on a particular measure, the measure shall not be included on the consent agenda.
412. EMERGENCY LEGISLATION.
(a) Where it is proposed that a bill be passed immediately due to emergency circumstances, the Council may debate the question of the existence of an emergency and then shall vote on whether emergency circumstances exist. If 2/3rds of the members of the Council find that emergency circumstances exist, the Council shall consider the bill on its merits.
(b) For purposes of this Rule, an "emergency" means a situation that adversely affects the health, safety, welfare, or economic well-being of a person for which legislative relief is deemed appropriate and necessary by the Council, and for which adherence to the ordinary legislative process would result in delay that would adversely affect the person whom the legislation is intended to protect.
(c) Emergency legislation shall take effect, according to its terms, either immediately or at a specific time. Pursuant to section 412(a) of the Charter, emergency legislation shall be effective law for not more than 90 days.
413. TEMPORARY LEGISLATION.
If the Council finds the existence of an emergency and approves an emergency bill under section 412, the Council may, at the same legislative session, consider a temporary bill on first reading without committee referral. The temporary bill must be substantially similar to the emergency bill and may remain effective for not more than 225 days.
The Council, by a vote of a majority of the Council, may discharge a committee from further consideration of a measure that has been assigned to the committee. Upon approval of the discharge motion, the Council shall consider the bill or resolution as if it had been reported from the committee without amendment or modification or reassign the measure to another committee.
415. VETOED LEGISLATION.
Whenever an act of the Council is disapproved by the Mayor and returned to the Council pursuant to section 404(e) of the Charter, the disapproved act shall be the property of the full Council. The Chairman may solicit comments or recommendations on the disapproved act from a committee or committees. A member may move for the Council to reenact the disapproved act prior to the 30-day Council review period provided in section 404(e) of the Charter.
C. NOTICE AND PUBLICATION OF INTENDED ACTIONS.
421. NOTICE TO MEMBERS.
The Secretary shall distribute, upon introduction, a copy of each measure to each member and, upon referral, to each committee to which the measure is assigned. The Secretary shall also distribute to each member, upon introduction or filing, a copy of each notice of public hearing or roundtable, notice of investigation by subpoena, and Mayoral disapproval of a Council act.
422. GENERAL NOTICE BY PUBLICATION OF INTENDED ACTIONS.
(a) Except as provided in these Rules, 15 days notice by publication in the District of Columbia Register is required prior to:
(b) No prior notice by publication is required for the adoption of a ceremonial resolution, an emergency bill or resolution, a resolution declaring an emergency, or a resolution adopting Council Rules, appointing Council officers and committee chairpersons and members, or pertaining to the internal operation or organization of the Council.
(c) The Council or a committee may recess and reconvene at a future time or place to complete a scheduled hearing without additional notice by publication in the District of Columbia Register.
423. PERSONAL SERVICE OR ACTUAL NOTICE.
Notice by publication is not required if all persons subject to an intended action are named, and in accordance with law, either are served personally or have actual notice of the Council's intended action.
424. ABBREVIATED NOTICE.
Less than 15 days notice of intended action or a hearing on a bill or resolution may be given upon good cause found and published with the notice.
Where not otherwise required by these Rules or other provisions of law to be done in specific fashion, notice of intended actions, hearings, or meetings may be given by:
426. NOTICE OF EMERGENCY ACTIONS.
(a) When an emergency bill or resolution is to be considered, a notice which includes a statement of the reasons for the emergency and the intended effect of the emergency bill or resolution shall be circulated to all members and the Secretary at least by noon on the third day, excluding weekends and holidays, before the legislative meeting at which the emergency action is to be considered, unless the nature of the emergency precludes such notice. If the nature of the emergency precludes the notice, the sponsor of the legislation shall ensure that members have notice at the earliest possible time prior to the meeting at which the emergency legislation is to be considered.
(b) A draft of the emergency bill or resolution shall be circulated to all members and the Secretary at least 24 hours before the legislative meeting at which the emergency action is to be considered, unless due to the nature of the emergency the measure could not be circulated within the time limit. If the nature of the emergency prevents the circulation of the measure within 24 hours of the legislative meeting, the draft bill or resolution shall be circulated to the members of the Council and the Secretary at least one hour before the scheduled time of the legislative meeting.
(c) Notwithstanding the provisions of subsection (a) of this section, public notice of intended emergency action shall be given prior to adoption of an emergency bill or resolution by at least one method provided in section 425.
427. NOTICE OF TEMPORARY LEGISLATION.
(a) Each temporary bill adopted pursuant to section 413, shall be circulated with the accompanying emergency legislation in accordance with section 426. Following approval on first reading, a notice of intent to adopt the temporary bill on second reading shall be published in the District of Columbia Register.
(b) When temporary legislation is to be considered under section 413, the notice of emergency legislation under section 426 shall include notice of the temporary legislation.
428. NOTICE OF CEREMONIAL RESOLUTIONS.
Each ceremonial resolution shall be circulated to members and the Secretary to the Council by noon of the day prior to the legislative meeting at which it is to be considered.
429. NOTICE AND PUBLICATION OF ADOPTED LEGISLATION.
Each act and resolution adopted by the Council shall be filed in the Office of the Mayor for publication in the District of Columbia Register. Except as provided in D.C. Code § 1-1602, no act or resolution shall become effective until after its publication. Once notice by publication has been given in accordance with this section, no additional notice by publication is necessary for an act completing Congressional review to become effective law as provided in section 602 of the District of Columbia Home Rule Act of 1973, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233).
D. LEGISLATIVE RECORDS.
441. RESPONSIBILITY FOR RECORDS.
(a) The Secretary shall maintain accurate and up-to-date Council records, described in sections 445 and 446, and shall make the records available to the public.
(b) Each committee shall make records on legislation assigned to the committee and on other committee activities and shall file the records with the Secretary as required by these Rules. When the records are in the custody of the committee, the committee shall make them available to the public.
(c) Whenever the Secretary receives a request for information about the operation of the office or intra-office budget expenditures of a particular member, the Secretary shall immediately notify the affected member of the request by providing the member with a copy of the request. Before complying with the request the Secretary shall seek the opinion of the General Counsel on the legality and propriety of disclosing the requested information.
442. FORM FOR INTRODUCTIONS.
(a) Every bill and proposed resolution shall be introduced in typewritten form, signed by the member introducing it, include a long title that identifies the subject matter of the measure, and be in substantial compliance with the form required for final adoption. The Secretary to the Council shall make the determination as to whether the bill or proposed resolution complies with this subsection.
(b) Co-sponsorship of a bill or a proposed resolution shall be evidenced by the signature of the co-sponsor on the face of the measure. Co-sponsorship shall be permitted up to the close of business the day following the legislative meeting or Committee of the Whole work session at which the measure was officially referred or by indication on the record at the legislative meeting.
443. REPORTS ON LEGISLATION.
(a) Each bill or resolution shall be accompanied by a draft report when it is considered by a committee, unless the committee votes to waive this requirement for a particular bill or resolution. In the event of a waiver, the committee shall vote on the draft report at a regularly scheduled, additional, or special meeting of the committee before filing the report and the reported bill or resolution with the Secretary.
(b) Each adopted report on a bill or resolution shall be in writing, signed by the committee's chairperson, accompanied by the final bill or resolution, and contain the following information regarding the reported legislation:
(c) Except for emergency declaration, ceremonial, confirmation, and sense of the Council resolutions, no bill, resolution, or amendment to a bill or resolution may be enacted or approved by the Council without a Council fiscal impact statement and worksheet, if applicable, which has been reviewed and approved by the Council Budget Director in the measure, committee report, presented to the Council, at the time of its consideration. The Council fiscal impact statement shall include the estimate of the costs which will be incurred by the District as a result of the enactment of the measure in the current and each of the first 4 fiscal years for which the act or resolution is in effect, together with a statement of the basis for such estimate. The statements shall include the following:
(d) Each report prepared by the Committee of the Whole on a Council appointment to another body and each report prepared by another committee on a confirmation shall include a current resume of the nominee.
(e) A committee chairperson shall file a reported bill or resolution with the Secretary within 20 days, excluding Saturdays, Sundays, legal holidays, and recesses of the Council, of committee action on the bill or resolution unless the committee votes to reconsider the bill or resolution.
(f) The Secretary to the Council shall make a determination as to whether the reported bill or proposed resolution and the report on the bill or proposed resolution comply with this section.
444. IDENTIFICATION OF COUNCIL DOCUMENTS.
(a) Legislative documents shall be identified by a name that describes the type of document and a two part document number.
(b) Legislative documents shall be identified by the following names:
(c) The Secretary shall assign two-part numbers to Council documents identified in subsection (b) of this section in the order of introduction, filing, adoption, or approval. The first part of the number consists of the current Council Period, and the second part consists of a consecutive serial number beginning with the number "1" in each Council Period.
(d) A report on a measure or a topic shall be titled as a "Report on _____________" (with the name to be filled in as appropriate under subsection(b) of this section). Titled reports shall be further identified by (1) a number corresponding to the number, if any, assigned to a measure; or (2) if the report is not on a measure, a sequential number preceded by the year filed.
445. LEGISLATIVE FILES.
The Secretary shall maintain an official file on each bill and proposed resolution, which shall include the original of the following:
446. OTHER OFFICIAL RECORDS.
The Secretary shall maintain other official Council records, including, but not limited to the following:
447. RECORDS OF LEGISLATIVE MEETINGS.
A written transcript or a transcription shall be kept for all meetings at which official action is taken. Members shall have 30 days from the date a written transcript is prepared within which to correct grammatical and other errors in transcribing the member's statements made in the session. Questions regarding the application of this provision shall be resolved by the General Counsel.
448. PUBLIC ACCESS TO RECORDS.
Unless public access is restricted pursuant to section 504, copies of official Council records shall be available for public inspection during normal business hours and shall be available for reproduction and distribution to the public upon request. The Secretary shall establish a schedule of charges for reproduction of documents and recordings, which shall not exceed the total cost of the reproduction. The Secretary may waive charges in cases of financial hardship.
449. EFFECT OF END OF COUNCIL PERIOD.
(a) A bill or resolution that has not been finally adopted by the Council before the end of the Council Period in which it was introduced lapses without prejudice to its reintroduction in a subsequent Council Period. If temporary legislation has been passed on first reading pursuant to section 413 at the last legislative session in a Council Period, it may be considered on final reading during the next Council Period. A matter that has been transmitted by the Mayor or an independent agency for a designated period of Council review, that is pending at the end of a Council period, shall be in the same status it was at the end of the prior Council period and the legislation assigned a new number. If notice required by these Rules has been given in the prior Council period, no additional notice shall be required prior to action on the matter.
(b) Legislation that has been finally adopted by the Council during one Council Period shall not lapse simply because any of the following occurs in a subsequent Council Period: it is approved or vetoed by the Mayor, approved by operation of law, reenacted after a veto, submitted to referendum, or transmitted to Congress.
(c) Records of measures that lapsed at the end of a Council Period may be incorporated by reference in the records of substantially similar bills or resolutions considered in a later Council Period.
450. TRANSMISSION OF ACTS.
The Chairman shall transmit adopted acts to the Mayor and enacted acts to the United States Senate and the United States House of Representatives as required by the Charter.
451. COMMITTEE RECORDS.
Whenever there is a change in the chairperson of a committee, the incumbent committee chairperson shall ensure that official committee files and records are maintained and transmitted to the in-coming committee chair.
ARTICLE V -- HEARING PROCEDURES.
A. PROCEDURES FOR HEARINGS.
501. AUTHORITY TO CALL HEARINGS.
(a) The Council shall hold a hearing when required by law and may hold a hearing on any matter relating to the affairs of the District. A Council hearing may be called by the Chairman or the Council.
(b) A committee of the Council shall hold a hearing when required by law and may hold a hearing on any matter relating to the affairs of the District that is properly within the committee's jurisdiction as provided in these Rules.
(c) Unless a hearing is required by law or regulation, a committee may hold a roundtable on any matter relating to the affairs of the District that is properly within the committee's jurisdiction as provided in these Rules. A roundtable shall comply with the hearing requirements set forth in this Article. A committee shall not be required to meet the notice requirements of section 422(a)(2) to hold a roundtable, but shall comply with the notice requirements of section 421.
One member of the Council, for the Council, or 1 member of a committee, for the committee, shall constitute a quorum for the purpose of holding a hearing.
503. PARTICIPATION BY MEMBERS.
(a) Each member may participate in hearings of the Council or of a committee, without regard to whether the member is a member of the committee conducting the hearing.
(b) Each member has a maximum of 10 minutes to question each witness until after each member has had an opportunity to question the witness.
504. OPEN TO PUBLIC.
(a) All hearings shall be open to the public unless, upon good cause shown, a majority of the Council or a committee approves the convening of a hearing in an executive meeting.
(b) Except as provided in subsection (c) of this section, all testimony taken and evidence received in an executive meeting shall be confidential and shall not be released to the public.
(c) Upon good cause shown and after notice as provided in this subsection, a majority of the Council or Committee members may approve the release of testimony or evidence received in an executive meeting. Ten days prior to the release of testimony or evidence under this subsection, the Council or committee must notify, in writing, the affected witness that the Council or committee intends to release the testimony or evidence. Prior to the expiration of the 10-day period, the affected witness may request, in writing directed to the presiding Council or committee member, and the Council or committee may consider withholding the testimony or evidence described in the notice. (d) If a committee, in the publication of notice of a public hearing, sets a deadline before which a member of the public must contact the committee to be permitted to be a witness at the public hearing, then at the time that the public hearing is held, each member of the public who complied with the committee's requirements shall be given an opportunity to testify.
505. EXTENSION OF REMARKS.
(a) A member, with the unanimous consent of the members of the Council or Committee holding a hearing who are present at the hearing, may revise and extend his or her remarks made at the hearing. No member may make an extension or revision of remarks that would cause another member's comments to be taken out of context. The official transcript of a hearing shall be annotated to indicate the extension or revision of remarks.
(b) The extension of remarks must be filed with the Secretary within 2 days after the first transcript of the remarks have been received in the member's office. Saturdays, Sundays, and legal holidays shall not be included in computing time under this section.
A hearing may be recessed at any time by the member presiding over the hearing.
B. RECEIVING TESTIMONY.
511. QUESTIONING WITNESSES.
Witnesses may be questioned by members of the Council or committee and, with the consent of the Chairman or presiding member, by authorized Council or committee staff, or counsel advising the Council or committee.
512. DECORUM OF WITNESSES.
(a) A witness may address a member only through the presiding member.
(b) A witness shall confine his or her remarks to the question under discussion and shall avoid making negative personal comments.
(c) The presiding member shall maintain order in the hearing and, after issuing a warning, may order the removal of a disorderly member of the public as provided in section 322.
C. RIGHTS OF WITNESSES.
521. RIGHT TO COUNSEL.
Any witness who appears before the Council or a committee has the right to be represented by counsel.
522. RIGHT TO MAKE OPENING STATEMENT.
Any witness testifying at a hearing of the Council or a committee may submit an opening statement, which shall be placed in the record of the hearing. The presiding member may permit the witness to read his or her statement at the hearing.
ARTICLE VI -- INVESTIGATIONS AND SUBPOENAS.
A. PROCEDURES FOR INVESTIGATIONS USING SUBPOENAS.
(a) In order to use subpoenas to obtain testimony or documents, the Council shall adopt a resolution authorizing an investigation by the Council or a special committee.
(b) In order to use subpoenas to obtain testimony or documents, a committee must adopt a resolution of the committee authorizing an investigation subject to the limits of section 501. This resolution must be filed in the Office of the Secretary.
(c) A resolution authorizing an investigation under this section shall delineate the purpose of the investigation and the subject matter to be investigated to afford witnesses adequate notice of the scope of the inquiry.
602. NOTICE OF INVESTIGATION.
Pursuant to section 422, the Secretary shall publish a notice of each investigation authorized under section 601 in the District of Columbia Register, which notice shall include a copy or description of the resolution authorizing the investigation and the date the resolution was filed in the Office of the Secretary.
603. REPORT OF INVESTIGATION.
(a) Within 90 days of the conclusion of an investigation under this article, a committee shall submit to the Council the results of the investigation, unless the Council, by majority vote of the members present and voting, extends the time limit.
(b) The committee, by a majority of the members present and voting, may vote not to release all or part of its report. The Council, by a majority of members present and voting, may direct a committee to release its report under terms that the Council sets.
604. TESTIMONY UNDER OATH.
A witness may be affirmed or sworn to give truthful testimony.
605. ISSUING THE OATH.
Any person authorized by law may issue an oath or affirmation to a witness.
The Council or committee may authorize a member, committee staff, or counsel advising the committee to take the testimony of witnesses by oral or written depositions.
611. ISSUANCE OF SUBPOENAS.
The Council, any standing committee of the Council, and, if authorized by the Resolution establishing it, any special committee, may subpoena the attendance and testimony of witnesses and the production of documents and other tangible items at meetings, hearings, and depositions in connection with an investigation. Subpoenas shall be issued in the form set forth in Appendix A, and, except as provided in section 613(b), shall be served not less than 5 business days prior to the return date.
612. REPORT TO SECRETARY REGARDING USE OF SUBPOENA.
Prior to issuing a subpoena, a standing or authorized special committee shall submit a report to the Secretary to the Council outlining the nature and scope of the investigation and the type of information sought through the use of the subpoena.
613. SERVICE OF SUBPOENAS.
(a) Except as provided in subsection (b) of this section, subpoenas shall be served personally on the witness or his or her designated agent in 1 of the following ways, which may be attempted concurrently or successively:
(b) If, after a reasonable attempt, personal service on a witness or witness' agent cannot be obtained, a special process server identified in paragraphs (a)(1) or (2) of this section may serve a subpoena by registered or certified mail not less than 8 business days prior to the return date.
614. ENFORCEMENT OF SUBPOENAS.
A committee may refer to the Council any case of contumacy by a person subpoenaed to appear before the committee. The Council, by resolution, may refer any case of contumacy by any person subpoenaed by the Council or a committee to the Superior Court of the District of Columbia as provided in section 413 of the Charter (D.C. Code § 1-234(b)).
C. RIGHTS OF WITNESSES.
621. RIGHT TO ASSERT PRIVILEGES.
(a) A witness has the right to refuse to answer a question that might tend to incriminate him or her by claiming his or her Fifth Amendment privilege against self-incrimination, other Constitutional privileges, or statutory or common law privileges recognized in the Superior Court of the District of Columbia.
(b) If a witness asserts a privilege, the presiding member shall inquire into the witness' reasons for claiming the privilege. If the presiding member determines that the claim of privilege is not warranted, he or she shall direct the witness to answer the question. A witness' continued claim of privilege in the face of an order by the presiding member to answer a specific question constitutes contumacy by the witness.
622. NOTIFICATION OF RIGHTS.
Where a witness under subpoena is not represented by counsel, the presiding member shall advise the witness of his or her privilege against self incrimination.
623. RIGHT TO TRANSCRIPT.
A witness under subpoena is entitled to receive, at the cost of producing it, a written transcript or a transcription of his or her testimony in connection with an investigation.
624. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS.
Any person who is the subject of an investigation authorized under section 601 may submit written questions for the cross-examination of other witnesses at public hearings called by the Council or a committee. With the consent of the members present and voting, the questions may be put to the witness by a member, by an authorized staff member, or by counsel advising the Council or a committee.
625. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS.
Any person, who is named or specifically identified in connection with an investigation and who believes that the testimony or other evidence or comment by a member of the Council or a committee or its staff does not comport with the truth, may file a sworn statement of facts relevant to the testimony or other evidence or comment complained of.
ARTICLE VII -- BUDGET PROCEDURES.
A. BUDGET REVIEW PROCEDURES.
701. ROLE OF THE COMMITTEE OF THE WHOLE.
The Mayor's annual budget request for the District government and any supplement or amendments to the budget submitted to the Council pursuant to section 442(a) of the Charter (D.C. Code § 47-301(a)) shall be assigned to the Committee of the Whole.
702. BUDGET REVIEW SCHEDULE.
The Council Budget Director, at the direction of the Chairman, shall prepare a budget review schedule that includes a hearing schedule, establishes dates for closing hearing records and for submitting and filing reports, and schedules other Council budget activities as necessary or appropriate. The budget review schedule shall be presented to the Committee of the Whole for approval.
703. ROLE OF COUNCIL COMMITTEES.
(a) Each standing committee shall be responsible, in accordance with the budget review schedule, for reviewing the budget requests for agencies within its purview, including, but not limited to:
(b) Each committees shall file, in accordance with the budget review schedule, the original committee markup and report with the Committee of the Whole. No committee shall file markups or reports that result in a net increase in the total amount of the budget request for all agencies under its purview, unless that markup or report also identifies additional revenue sources, additional budget reductions, or both, sufficient to provide funding for the increase. No committee may identify, as the source of funding for a net increase it may recommend, a reduction made by another committee that has been specifically earmarked for another use by the committee making the reduction.
704. COMMITTEE OF THE WHOLE CONSIDERATION OF BUDGET REQUEST.
(a) The Council Budget Director, at the direction of the Chairman, upon receipt of committee reports and markups, shall prepare a summary of committee recommendations for presentation to the Committee of the Whole. This summary shall also include a comparison of the budget levels recommended by committees with any revenue level recommended by the Council Budget Director, at the direction of the Chairman, and the Chairman.
(b) The Council Budget Director, at the direction of the Chairman, shall refer any additional budget reductions recommended by a committee pursuant to section 703(b) to the committee having purview over the agency affected by the additional budget reduction for review and comment.
(c) The Committee of the Whole shall meet to consider committee reports, recommendations, and comments, and the Chairman's recommendations, if any, and shall proceed to mark up the Mayor's budget request. No amendment shall have the effect of putting the budget out of balance. The Council Budget Director, at the direction of the Chairman, shall prepare a draft report and act reflecting the Committee of the Whole action.
705. COUNCIL CONSIDERATION OF THE BUDGET REQUEST.
Following the markup and report on the full budget request by the Committee of the Whole, the reported budget request shall be presented for a single reading at the next legislative meeting or additional meeting called by the Chairman for that purpose.
706. CONSIDERATION OF GROSS PLANNING BUDGET RESOLUTIONS.
Gross planning budget resolutions, submitted by the Mayor pursuant to section 7 of the Funds Control Act (D.C. Code § 47-306), shall be referred to the Committee of the Whole for consideration according to these Rules.
707. CONSIDERATION OF CONTROL BUDGET ACTS.
Control budget acts, submitted by the Mayor pursuant to section 8 of the Funds Control Act (D.C. Code § 47-307), shall be referred to the Committee of the Whole for consideration according to these Rules.
B. REPROGRAMMING POLICY ACT PROCEDURES.
711. EFFECT OF RECESS ON PROCEDURES.
Reprogramming requests and non-offsetting budget modification requests may not be submitted to the Council during a recess of the Council. No time period provided in this part for the consideration of the requests will continue to run during a recess of the Council.
712. COMMITTEE REFERRAL OF REQUESTS.
The Chairman shall refer reprogramming requests and non-offsetting budget modification requests to the Committee of the Whole. The Chairman shall also refer reprogramming requests for comments to the standing committee having oversight responsibility for the program or agency affected.
713. CIRCULATION OF REQUESTS.
The Secretary shall distribute copies of reprogramming requests to all members, pursuant to Rule 421, within 1 working day of the Council's receipt of the request.
714. PUBLICATION OF NOTICE.
Upon receipt of a reprogramming request or a non-offsetting budget modification request, the Secretary shall publish a "notice of reprogramming request" or a "notice of non-offsetting budget modification request", as the case may be, in the District of Columbia Register, which, at a minimum, shall include the following:
715. WITHDRAWAL OF REPROGRAMMING REQUESTS.
The Mayor may withdraw a reprogramming request or non-offsetting budget modification request at any time prior to the Council's taking final action on the request, or prior to its taking effect without Council action.
716. REQUIREMENTS FOR DISAPPROVAL OF REQUESTS.
(a) To initiate disapproval of a reprogramming request or a non-offsetting budget modification request, a member of the Council shall file a written notice of disapproval with the Secretary to the Council or give oral notice of disapproval at a legislative meeting of the Council within 14 days after the Council receives the request. The Secretary shall circulate copies of the written notice of disapproval to all members.
(b) If this notice is given, the Council may consider and take final action, as provided in this section, to disapprove the request within 30 calendar days after the Council receives the request.
717. AUTOMATIC APPROVAL OF REQUESTS.
If the notice of disapproval provided in section 716 is not given within 14 days after the Council receives the request, the reprogramming request shall be deemed approved. If the notice is given as provided in section 716(a) and the Council does not take final action to disapprove the request as provided in this section, the reprogramming request shall be deemed approved.
718. TRANSMITTAL TO MAYOR.
The Chairman of the Council shall transmit, by letter to the Mayor, notification of the Council's disapproval or failure to disapprove a reprogramming request.
C. FUNDS CONTROL ACT PROCEDURES.
721. APPLICABILITY OF PROCEDURES.
(a) This part applies to the Council's consideration of grant applications, state plan approval requests, and budget structure resolutions.
(b) Except as provided in subsection (c) of this section, borrowing request resolutions shall be considered in accordance with Council Rules applicable to resolutions.
(c) Committee reports on borrowing requests shall comply, where appropriate, with the requirements for reports on measures set forth in section 443 and may include, but not be limited to: (1) The amount to be borrowed;
(2) The purposes for which the funds are to be used, by control and responsibility center; and
(3) An identification of the type and amount of revenue anticipated from each source to be used to repay the amount to be borrowed, the anticipated dates of receipt of the funds, and a schedule of repayment of the funds.
722. EFFECT OF RECESS ON FUNDS CONTROL ACT PROCEDURES.
No grant application, state plan approval request, or budget structure resolution may be submitted to the Council during a recess of the Council. No time period provided in this part for the consideration of these matters shall continue to run during a recess of the Council.
723. COMMITTEE REFERRAL OF REQUESTS.
Grant applications, state approval requests, and budget structure resolutions shall be referred to the Committee of the Whole with comments from the standing committee having oversight responsibility for the agency or program affected. Budget structure resolutions shall be referred to the Committee of the Whole.
724. CIRCULATION OF REQUESTS.
Grant applications, state plan approval requests, and budget structure resolutions shall be circulated to all members of the Council within 1 working day after their receipt.
725. REQUIREMENTS FOR DISAPPROVAL.
(a) To initiate disapproval of a grant application, state plan approval request, or budget structure resolution, a member of the Council shall file a written notice of disapproval with the Secretary to the Council within 14 days after the Council receives the request.
(b) If this notice is given, the Council may consider and take final action, as provided in this section, to disapprove the request within 30 days after the Council receives the request.
726. AUTOMATIC APPROVAL OF REQUESTS.
If the notice provided in section 725(a) is not given within 14 days after the Council receives the request, the grant application, state plan approval request, or budget structure resolution shall be deemed approved. If the notice is given and the Council does not take final action to disapprove the request as provided in this section, the request shall be deemed approved.
727. TRANSMITTAL TO MAYOR.
The Chairman of the Council shall transmit, by letter to the Mayor, notification of the Council's disapproval or failure to disapprove grant applications, state plan approval requests, and budget structure resolutions.
ARTICLE VIII -- OFFICIAL MAIL.
For the purposes of this article, the term:
(1) "Mass mailing" means the transmission through the mails of more than 100 substantially identical newsletters, news releases or similar types of material during any 30-day period, but shall not include a response to a communication initiated by a constituent.
(2) "Newsletter" or "news release" means the usual and customary correspondence that deals with such matters as the impact of laws and decisions on the government and its citizens, reports on public and official action taken by a Councilmember, and discussions of proposed or pending legislation or governmental action.
(3) "Official mail" means correspondence suitable to be mailed at public expense that pertains directly or indirectly to the legislative process or to a Council legislative function, including any matter related to a past or current Council, the performance of official duties by a Councilmember in connection with a Council function, or other related matters of public concern or public service.
802. CONTENT OF OFFICIAL MAIL.
To be mailed at public expense, a Councilmember's newsletter or report on constituent service activities must come within the definition of "official mail" set forth in section 801 and must conform to the Official Correspondence Regulations, effective April 7, 1977 (D.C. Law 1-118; D.C. Code § 1-1701 et seq.). (Official Correspondence Regulations").
803. PERMITTED CATEGORIES OF OFFICIAL MAIL.
Except as otherwise provided in this article or by law or rule, a Councilmember may not mail, as official mail, any matter, article, material, or document for any reason other than the following:
(1) A request for the matter, article, material, or document has been received by the Councilmember;
(2) The document is required by law to be mailed;
(3) The material or matter requests information pertinent to the conduct of the official business of the Council;
(4) The material contains information relating to the activities of the Council or the availability of a Council publication or other document;
(5) The enclosures are forms, blanks, cards, or other documents necessary or beneficial to the administration of the Council;
(6) The materials are copies of federal, state or local laws, rules, regulations, orders, instructions, or interpretations thereof; or
(7) The materials are to be mailed to federal, state, or other public authorities.
804. MARKING REQUIREMENTS FOR ENVELOPES.
An envelope that is used to enclose official mail shall bear upon its facing, in addition to the name and address of the Council, the words "official business."
805. PROHIBITIONS AND FORMAT OF NEWSLETTERS.
(a) A Councilmember may not mail, as official mail, a mass mailing within the 90-day period that immediately precedes a primary, special, or general election in which the Councilmember is a candidate for office.
(b) To be mailed at public expense as official mail, a Councilmember's newsletter or report on constituent service activities may not contain any of the following:
806. AUTHORIZED USES OF OFFICIAL MAIL.
Section 805 shall not be interpreted to prohibit a Councilmember or the Councilmember's staff from mailing, as official mail, any of the following:
(1) The whole or part of a record, speech, debate, or report of the Council or a committee of the Council;
(2) The tabulation of a Councilmember's vote or explanation of the vote;
(3) An expression of condolences to a person who has suffered a loss or congratulations to a person who has achieved some personal or public distinction;
(4) Information concerning the Councilmember's schedule of meeting constituents; (5) Information concerning the meeting schedule and agenda for committees and subcommittees upon which the Councilmember serves;
(6) Information concerning financial disclosure information, whether or not required by law;
(7) Matter that consists of federal, state, or local laws, regulations or publications paid for by public funds;
(8) A questionnaire that relates to matters on public policy or administration; and
(9) Matter that contains a picture of the Councilmember or biographical or autobiographical data whenever the matter is mailed in response to a specific request.
807. PHOTOGRAPHS AND SKETCHES CONTAINED IN NEWSLETTERS.
Each photograph or sketch contained in a newsletter or report on constituent service activities shall relate to the official legislative duties of the Councilmember and shall not, because of excessive use and size, have the effect of advertising or publicizing the Councilmember. In addition, to be mailed at public expense as official mail, a newsletter or report on constituent service activities may not contain any of the following:
(1) More than 1 photograph or likeness of the Councilmember appearing alone;
(2) A photographic likeness of the Councilmember appearing alone that covers more than 6% of a single page or that exceeds 6 square inches on 8 1/2" x 11" paper;
(3) More than 2 photographs per page that include the Councilmember with other persons;
(4) Two photographs on a single page that include the Councilmember and exceed 20% of the page;
(5) A photograph of a Councilmember with a label such as "Democrat", "Republican", "Statehood Party", or any other label that purports to advertise the Councilmember rather than to illustrate the accompanying text; and
(6) A photograph that does not relate to, illustrate, or explain the accompanying text.
808. SIZE AND PRINT TYPES FOR NAMES.
(a) A Councilmember's name in the masthead of a newsletter shall not appear in print type larger than 1/2" in height.
(b) A Councilmember's name in the text of a newsletter shall not appear in type style or size larger than the other matter, nor in print size larger than 1/4" in height.
809. USE OF OFFICIAL MAIL BY OFFICIALS-ELECT.
In addition to Councilmembers, the Chairman-elect and members-elect of the Council may mail materials as official mail.
810. GENERAL COUNSEL REVIEW.
The General Counsel shall be available to Councilmembers and their staffs to review materials intended to be mailed as official mail to ensure that the materials comply with the laws and rules governing official mail. Upon written request of a Councilmember, the General Counsel shall provide a written opinion concerning whether the materials, submitted by the Councilmember and intended to be mailed as official mail, comply with the laws and rules governing official mail.
Article VIII of these Rules shall only apply to mailings that involve public expense.
ARTICLE IX -- AUDITOR.
The Chairman shall nominate the Auditor and the Council shall act on the nomination by resolution.
902. TERM AND COMPENSATION.
The Auditor shall serve for a term of 6 years and shall be paid at a rate of compensation as may be established from time to time by the Council.
A vacancy in the Office of the Auditor shall be filled in the manner prescribed for full-term appointments to that office and any person appointed to fill the vacancy shall serve until the end of the predecessor's term.
The Auditor shall appoint, remove, and set the relative remuneration (pursuant to the budget of the Office of the Auditor) of the Auditor's subordinate staff.
905. REPORTS AVAILABLE TO THE PUBLIC.
The Council shall make audit reports submitted to the Council by the Auditor, and any other material it deems pertinent to the report, available for public inspection.
ARTICLE X -- CONSTRUCTION, SUSPENSION, AND AMENDMENT OF RULES.
1001. PARLIAMENTARY AUTHORITY.
Matters not covered by these Rules will be governed by Robert's Rules of Order, Newly Revised. It is the duty of the Chairman to interpret the Rules. Matters not covered by Robert's Rules of Order, Newly Revised, shall be determined by the Chairman subject to the right of a member to appeal the ruling of the Chairman.
1002. GENDER RULE OF CONSTRUCTION.
Unless the context indicates otherwise, words importing 1 gender include the other gender.
1003. SUSPENSION OF RULES.
Except for rules regarding notice, quorum, or amendment of these Rules and any requirement of the Charter or other law, any Rule governing procedures of the Council may be suspended during the consideration of a specified matter by motion to suspend the Rules approved by 2/3rds of the members present and voting.
1004. AMENDMENT OF RULES.
(a) These Rules may be amended by a vote of a majority of the Council.
(b) An amendment must be proposed in writing, signed by the proposer, circulated to all members and the Secretary to the Council, and posted in prominent places in the John A. Wilson Building at least 15 days prior to consideration of the amendment.
(c) Seven members may vote to waive or shorten the 15-day notice period.
1005. EFFECTIVE PERIOD.
These Rules shall be effective until superseded by Rules of Organization and Procedure adopted in a succeeding Council Period as provided in section 301.
PURSUANT TO D.C. Code § 1-234, YOU ARE COMMANDED TO APPEAR
before the (Council/Committee on) ___________, of the Council of the District of Columbia, at ____(a.m./p.m.) on the day of ________, 19__, to testify before the Council/Committee concerning: ______________________________________________
and bring with you :____________________________________.
ISSUED BY: __________________ ATTEST: _______________________ Chairman/Member of the Secretary to the Council Council of the District
(Seal of the District) of Columbia
IMPORTANT: If you fail to appear at the time and place stated or to bring with you the documents or items requested, the Council may refer the matter to the Superior Court of the District of Columbia for an order compelling your attendance or the production of the documents or items requested. Failure to obey such an order may be punished as contempt of Court. DO NOT FAIL TO APPEAR OR PRODUCE THE REQUESTED ITEMS AT THE REQUIRED TIME.
I, ___________ certify that I served a copy of this subpoena on the named party at ______________(address), on the _______ day of ________, 19__, at _______, (a.m./p.m.) by the following means:
PROCESS SERVER: _________________________
DISTRICT OF COLUMBIA: SS
SUBSCRIBED AND AFFIRMED TO ME BEFORE THIS __ DAY OF _____, 19__
MY COMMISSION EXPIRES:
You may obtain a copy of the Rules of Organization and Procedure for the Council of the District of Columbia and the Resolution authorizing this investigation from the Council's Legislative Services Division, John A. Wilson Building, Room 28, 1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
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