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Chairman Vincent C. Gray
A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To authorize an investigation into whether personal services contracts awarded by the Council to Donna Watts-Brighthaupt were executed and administered in compliance with District law and Council rules, policies, and procedures; to conduct a thorough review of District laws and Council rules, policies, and procedures governing the issuance of contracts by the Council to independent contractors for the provision of services to individual Members of the Council and grants awarded to organizations by the Council during the budget process; and to make recommendations for any necessary changes to District laws or Council rules, policies, and procedures that would provide effective screening of these contracts and grants for possible conflicts of interest or other circumstances that would prohibit their award. RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Council Contracts and Grants Investigation Authorization Resolution of 2009". Sec. 2. (a) Questions have been raised regarding whether personal service contracts awarded by the Council to Donna Watts-Brighthaupt, an independent contractor, for services provided to Councilmember Marion Barry during the period from October 22, 2008, through the effective date of this resolution were executed in compliance with District law and Council rules, policies, and procedures. (b) Council Chairman Vincent C. Gray has arranged for Robert S. Bennett, a partner at Skadden, Arps, Slate, Meagher, & Flom, to conduct an investigation into the awarding of these contracts and a thorough review of District laws and Council rules, policies, and procedures governing the issuance by the Council of personal service contracts and grants awarded to organizations by the Council during the budget process. Mr. Bennett has agreed to provide his services on a pro bono basis. The Chairman may retain and delegate investigative duties authorized under this resolution to Mr. Bennett. The Council's authorization of the investigation will permit Mr. Bennett, through the Council, to utilize subpoenas to obtain testimony and documents. (c) Section 413(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.13(a)) ("Home Rule Act"), provides that the Council, or any committee or person authorized by it, shall have power to investigate any matter relating to the affairs of the District, and for that purpose may require the attendance and testimony of witnesses and the production of books, papers, and other evidence. (d) The primary purposes of the investigation will be to determine whether the personal service contracts awarded to Donna Watts-Brighthaupt for services provided to Councilmember Marion Barry were executed and administered in compliance with District law and Council rules, policies, and procedures, and to evaluate the adequacy and effectiveness of Council rules, policies and procedures governing the issuance and administration of personal service contracts and grants awarded to organizations by the Council during the budget process. (e) As part of the investigation, Mr. Bennett shall:
(f) As part of the investigation, Mr. Bennett may examine any personal service contract or grant awarded by the Council, including any documents relating to the award. (g) The Council of the District of Columbia finds that the circumstances surrounding the awarding of the personal services contracts to Donna Watts-Brighthaupt warrant the conduct of an investigation by the Council, including the use of subpoenas issued pursuant to the authority provided in section 413 of the Home Rule Act, and section 601 of the Rules of Organization and Procedure for the Council of the District of Columbia, Council Period 18. Sec. 3. Subpoena authorization. (a) The Council authorizes the use of subpoenas in the investigation to compel the attendance of witnesses, to obtain testimony, or to produce documents or other information or tangible items. Notwithstanding Council Rule 612, the Council shall not be required to submit a report to the Secretary to the Council before issuing a subpoena as part of the investigation. (b) Mr. Bennett, or a delegate of Mr. Bennett, may take testimony of witnesses by oral, written, or videotaped depositions. Sec. 4. Duties; reporting requirements. (a) Mr. Bennett shall present a report to the Council within 45 days of the conclusion of the investigation. (b) Notwithstanding Council Rule 308, Mr. Bennett may conduct depositions and file his report during a period of Council recess. Sec. 5. Filing of records. Mr. Bennett shall submit all official records of the investigation to the Secretary to the Council within 30 days of the filing of the report to the Council. Sec. 6. Fiscal impact statement. The Council adopts the fiscal impact statement of the Budget Director. Sec. 7. Effective date. This resolution shall take effect immediately. |
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