The Advisory Neighborhood Commission Procurement Exclusion Congressional Review Emergency Declaration Resolution of 2001
PR 14-53

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A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To declare the existence of an emergency, due to Congressional review, with respect to the need to exclude Advisory Neighborhood Commissions from the Procurement Practices Act of 1985.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as "The Advisory Neighborhood Commission Procurement Exclusion Congressional Review Emergency Declaration Resolution of 2001 ".

Sec. 2. (a) When the Procurement Practices Act of 1985, effective February 21, 1986, D.C. Law 6-85, was amended by the Procurement Reform Amendment Act of 1996, effective April 12, 1997 ( D.C. Law 11-259; D.C. Code §1-1181.1 et seq.) ("Act"), the government entities that were specifically excluded from its application were the Council of the District of Columbia, District of Columbia courts, and the District of Columbia Financial Responsibility and Management Assistance Authority.

(b) Emergency legislation will expire on February 15, 2001.

(c) The permanent bill, Act 13-504, which was signed by the Mayor on December 22, 2000 is pending Congressional Review and is projected to become District of Columbia law on March 28, 2001.

(d) The Corporation Counsel, in response to a request from an Advisory Neighborhood Commission ("ANC") about the application of the Act to ANCs, in an opinion dated August 19, 1999, stated that ANCs must comply with all of the requirements of the act when procuring goods and services because they are an instrumentality of the District government and are not specifically excluded by the Act.

(e) ANCs are vital elected institutions created by the Home Rule Act to advise the Mayor and Council about neighborhood issues and concerns, comparable to a legislative body.

(f) ANC Commissioners provide their services to the community and the District of Columbia government on a voluntary basis and are not compensated for their work.

(g) The Auditor of the District provides financial control over ANCs, which submit budgets, annual financial reports, and quarterly financial reports to the Auditor containing itemized expenditures, copies of canceled checks, bank statements, contracts, invoices, minutes, and any other relevant financial documentation.

(h) ANCs have never been expected, nor has it been the practice, to comply with the Act.

(i) In order to continue current procedures, it is necessary to exclude ANCs from the additional burden of the Act.

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Advisory Neighborhood Commission Procurement Exclusion Congressional Review Emergency Amendment Act of 2001 be adopted after a single reading.

Sec. 4. This resolution shall take effect immediately upon the first date of publication in the District of Columbia Register