Sense of the Council Regarding the Continuity of Government Resolution of 2003
PR 15-0126

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Councilmembers Kathy Patterson and Jack Evans introduced the following resolution, which was referred to the Committee of the Whole.

To declare the sense of the Council with respect to the need to amend the District of Columbia Home Rule Act to ensure the continuity of the government of the District of Columbia.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Sense of the Council Regarding the Continuity of Government Resolution of 2003".

Sec. 2. The Council finds that:

(1) Section 421 (c)(2) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat 789; D.C. Official Code § 1-204.21(c)(2)) requires that when the Office of Mayor becomes vacant, the Chairman shall become Acting Mayor. Section 401 (b)(3) of the District of Columbia Home Rule Act (D.C. Official Code § 1-204.01 (b) (3)), requires that when the Office of Chairman becomes vacant, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as chairman Pro Tempore until the election of a new Chairman.

A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

(2) If the Office of the Mayor and the Office of the Chairman become vacant at the same time, the Home Rule Act requires the Council to convene and take an official action to fill both vacancies. This requirement may result in a period of time when there is no chief executive officer of the government of the District of Columbia.

(3) To maintain the continuity of the government of the District of Columbia at all times and with as minimal interruption as possible, the Home Rule Act should be amended to allow for the automatic succession of government until elections can be held.

Sec. 3. It is the sense of the Council that amending the District of Columbia Home Rule Act to ensure the continuity of the government of the District of Columbia in the event of an emergency is in the best interest of the city and its citizens in the event of an emergency.

Sec. 4. The Council requests that the United States Congress enact the following legislation:

"A BILL

"To amend the District of Columbia Home Rule Act to ensure the continuity of the government of the District of Columbia.

"Sec. 2. Section 401(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat 785; D.C. Official Code § 1-204.01(b)) is amended as follows:

"(a) Renumber paragraphs (2), (3) and (4) as new paragraphs (3), (4) and (7), 19   respectively.

"(b) Insert a new paragraph (2) to read as follows:

"(2) At the beginning of 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 when the Chairman recuses himself or herself. The Council shall act on the Chairman's nomination by resolution.

"(c) Amend new paragraph (4) to read as follows: 

"(4) To fill a vacancy in the Office of Chairman, the Board of Elections and Ethics shall hold a special election in the District on the 1st Tuesday occurring more than 114 days after the date on which such a vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practically filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this paragraph. The person elected Chairman to fill a vacancy in the Office of Chairman shall take office on the day in which the Board of Elections and Ethics certifies his election, and shall serve as Chairman only for the remainder of the term during which such vacancy occurred.

"(d) Insert new paragraphs (5) and (6) to read as follows:

"(5) When the Office of Chairman becomes vacant, the Chairman Pro Tempore shall become Acting Chairman and shall serve from the date such vacancy occurs until the election of a new Chairman.

"(6) If the Office of Chairman Pro Tempore becomes vacant while the Chairman Pro Tempore is serving as Acting Chairman pursuant to paragraph (5), the member with the greatest seniority on the Council shall become Acting Chairman and shall serve from the date such vacancy occurs until the election of a new Chairman.".

Sec. 5. The Council shall submit copies of this resolution, upon its adoption, to the District of Columbia's Delegate to the United States Congress.

Sec. 6. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). 

Sec. 7. Effective date.

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