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Councilmember Mary M. Cheh
Chairman Kwame R. Brown

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Kwame R. Brown and Councilmember Mary M. Cheh introduced the following bill, which was referred to the Committee on Government Operations

To establish the Office of Government Accountability; to establish an Ethics Advisory Committee; to amend the District of Columbia Comprehensive Merit Personnel Act to require that new District employees receive an ethics manual and ethics training, and that employees receive annual ethics training, and to establish monetary sanctions for violations of standards of conduct; to amend the District of Columbia Campaign Finance Reform and Conflict of Interest Act to require rolling publication of lobbyist registration, to add disclosure of business relationships between lobbyists and public officials; to prohibit the use of the official position to obtain financial gain for a not-for-profit entity with which he or she is affiliated, to add additional financial disclosure requirements, and to require disclosure of external fundraising activities.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this bill may be cited as the "Comprehensive Ethics Reform Act of 2011".

TITLE I. OFFICE OF GOVERNMENT ACCOUNTABILITY; ETHICS ADVISORY COMMITTEE.

Sect. 101. Short title.

This title may be cited as the "Office of Government Accountability Establishment Act of 2011".

Sec. 102. The Office of Government Accountability.

There is established within the District of Columbia Board of Elections and Ethics the Office of Government Accountability ("OGA"). The OGA shall be headed by the Director, appointed by the Mayor from a list of persons recommended by the Board, by and with the advice and consent of the Council. The Director shall serve at the pleasure of the Board and shall receive compensation at a rate set by the Board.

Sec.103. Powers and Duties.

(a) The OGA shall have the power to investigate any matter involving lobbying, conflict of interest, financial disclosures, and other ethical matters and standards of conduct relating to District government employees, including the Council.

(b) The OGA shall have the power to require any person to submit in writing such reports and answers to questions as the Director may prescribe on any matter within its jurisdiction; and such submission shall be made within such reasonable period and under oath or otherwise as the Director may determine.

(c) The OGA may order that testimony in any proceeding or investigation be taken by deposition before any person who is designated by the OGA, and has the power to administer oaths.

(d) Any violation of laws, rules, regulations, or policies within the OGA's jurisdiction shall be investigated by the OGA. As a result of the investigation, the OGA shall forward to the appropriate authority a report, identifying the evidence of unlawful and unethical behavior, or the finding of no unlawful and unethical behavior. The report shall include the following:

(1) Any factual findings;

(2) Any recommendations for corrective actions; and

(3) Any recommended penalties to be imposed by the appropriate authority.

(e) Any person who is the subject of a report shall be entitled to appeal the findings of the OGA to the Board of Elections and Ethics, which shall determine whether the findings of fact and conclusions of law are supported by substantial evidence. Any final determination of the Board may be appealed to the District of Columbia Court of Appeals in the same manner and to the same extent as all other final decisions of the Board.

(e) [sic] Upon request made by any public official or employee, the OGA shall provide within a reasonable period of time an advisory opinion with respect to any specific transaction or activity inquired of, as to whether such transaction or activity would constitute a violation of any laws, rules, regulations, or policies over which the OGA has primary jurisdiction.

Sec. 104. Subpoena powers.

(a) The OGA may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records, including books, papers, documents, and any other evidence relating to any matter under investigation by the OGA.

(b) The Superior Court of the District of Columbia may, upon petition by the OGA, in case of refusal to obey a subpoena or order of the OGA issued under subsection (a) of this section, issue an order requiring compliance therewith; and any failure to obey the order of the Court may be punished by the Court as a contempt thereof.

Sec. 105. Rulemaking.

(a) The OGA shall, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), issue rules consistent with the purposes of this act.

(b) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

Sec. 106. Ethics Advisory Committee.

(a) There is established the Ethics Advisory Committee ("Committee"), to be led by the OGA. The Committee shall be composed of 5 members as follows:

(1) The Mayor, or his or her designee, who shall serve as Chair;

(2) Two members, appointed by the Mayor, who shall not be employees of the District government, at least one of whom shall be an attorney in good standing in the District of Columbia;

(3) The Chairman of the Council, or his or her designee; and

(4) One member, recommended by the Chairman and appointed by Council resolution, who shall be a lawyer in good standing in the District of Columbia.

(b) All appointed members of the Committee shall be District residents, and shall have a background of ethics, whether in a nonprofit, university, or civic association, or any other board or commission that relates to ethics.

(c) The Committee shall, from time to time, make recommendations to the Council and the Mayor about proposed changes and updates to District laws, rules, regulations, or policies concerning conduct of lobbyists, government employees, conflicts of interest, ethical conduct of public officials, and other ethics matters.

(d) The Committee shall meet at least 4 times per year.

TITLE II. ETHICS TRAINING; FINANCIAL DISCLOSURE.

Sec. 201. The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.) is amended as follows:

(a) Section 1801 (D.C. Official Code § 1-618.01) is amended by adding a new subsection (a-2) to read as follows:

"(a-2)(1) Upon commencement of employment, a District employee shall be provided with an Ethics Manual and information about applicable standards of conduct.

"(2) Not later than 90 days after commencement of employment, a District employee shall certify that he or she has undergone ethics training provided by the agency's ethics counselor designated in section 1803(a).

"(3) Each District employee shall certify on an annual basis, that he or she has participated in at least one ethics training program within the year period.".

(b) A new section 1804 is added to read as follows:

"1804. Sanctions.

"(a) Any person who knowingly violates any provision of sections 1801 and 1802 shall be subject to a penalty not to exceed $5,000.".

"(b) If the person against whom a civil penalty is assessed fails to pay the penalty, the authority may file a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia.

Sec. 202. The District of Columbia Campaign Finance Reform and Conflict of Interest Act, effective August 14, 1974 (88 Stat. 467; D.C. Official Code § 1-1101.01 et seq.), is amended as follows:

(a) Section 504 (D.C. Official Code § 1-1105.04) is amended by adding a new paragraph (c) to read as follows:

"(c) Not later than 10 days after a registrant files a registration form with the Director, the Director shall publish on its website a summary of all information required to be submitted under this subsection.".

(b) Section 505(a)(4) (D.C. Official Code § 1-1105.05(a)(4)) is amended by striking the phrase "personal staff who receives compensation in any manner by the registrant shall be identified by name and nature of his or her employment with the registrant" and inserting the phrase "staff, including personal and committee staff, who has a business relationship or a professional services relationship with the registrant shall be identified by name and nature of his or her business relationship with the registrant" in its place.

(c) Section 601(i)(2) (D.C. Official Code § 1-1106.01(i)(2)) is amended by striking the phrase "business is conducted for profit" and inserting the phrase "business is conducted, whether for profit or not for profit" in its place.

(d) Section 602(a) (D.C. Official Code § 1-1106.02(a)) is amended as follows:

(1) Paragraph (1) is amended to read as follows:

"(1)(A) the name and address of each business entity (including sole proprietorships, partnerships, nonprofit organizations, and corporations) transacting any business with the District of Columbia government (including any of its agencies, departments, boards, commissions, or educational bodies), and the nature of the relationship, including the position held and the amount, if applicable, of the interest or income according to the schedule set forth in subparagraph (B), in which such person (or his or her spouse or domestic partner):

"(i) has a beneficial interest (including those held in such person's own name, in trust, or in the name of a nominee) exceeding in the aggregate $1,000; provided, however, if such interest consists of corporate stocks which are registered and traded upon a recognized national exchange, such aggregate value must exceed $5,000; or

"(ii) earns income for services rendered during a calendar year in excess of $1,000; or

"(iii) serves as an officer, director, partner, employee, consultant, contractor, or in any other formal capacity or affiliation;

"(B) the amount of interest or income shall be classified according to the following categories:

"(i) $1,001-$10,000;

"(ii) $10,001-$50,000;

"(iii) $50,001-$100,000;

"(iv) $100,001-$250,000; or

"(v) $250,001 or greater;".

"(C) for any entity with a contract with the District of Columbia government in which such person or his or her spouse or domestic partner holds an interest in the value of the entity of 5% or greater, such person shall report the nature of the contract, the contracting agency, and the amount of consideration;"

(2) Paragraph (2) is amended by striking the phrase "his or her spouse if such liability is joint" and inserting the phrase "his or her spouse or domestic partner" in its place.

(3) Paragraph (3) is amended as follows:

(A) Strike the phrase "all real property located in the District of Columbia" and insert the phrase "all real property" in its place.

(B) Strike the phrase "his or her spouse if such property is jointly titled" and insert the phrase "his or her spouse or domestic partner" in its place.

(C) Strike the phrase "occupied by such person or his or her spouse" and insert the phrase "occupied by such person" in its place.

(4) Paragraph (6) is amended as follows:

(1) Strike the phrase "if the client has a contract with the government of the District of Columbia or the client stands to gain a direct financial benefit from legislation that was pending before the Council during the calendar year" and insert the phrase "and the amount of the outside income according to the schedule set forth in subparagraph (1)(B) of this section" in its place.

(2) Strike the phrase "any fixed payment at regular intervals for services rendered" and insert the phrase "any fixed payment at regular intervals for services rendered, pursuant to a contract, including a contingency fee arrangement" in its place.

(3) Strike the phrase "which are deemed to be de minimis by the Board" and insert the phrase "which are deemed to be de minimis by the Board, or where the Board concludes that non-disclosure is justified because the disclosure information would violate any law, rule, or legally recognized privilege under District law" in its place.

(e) A new section 603 is added to read as follows:

"Sec. 603. Disclosure of external fundraising activities.

"(a) An elected official may serve as an honorary member of a covered entity's fundraising event or otherwise personally solicit funds on behalf of the covered entity; provided, that the elected official does not stand to gain financially from the covered entity; provided further, that District resources shall not be used to solicit the funds; and provided further, that the funds raised will support a nongovernmental bona fide charitable activity benefiting the District of Columbia.

"(b) Each elected official shall, on a quarterly basis, file with the Office of Government Accountability a listing of each covered entity on whose behalf the elected official served as an honorary member or personally solicited funds.

"(c) This section shall not be construed in any way to limit the ability of an elected official to engage in political fundraising activities.

"(d) For the purposes of this section, the term:

"(1) "Covered entity" means a nonprofit charitable organization.

"(2) "Elected official" means the Mayor, the Chairman, and the Members of the Council.

"(3) "Personally solicit" means to request or otherwise encourage donations or other support through person-to-person contact or through the direct request by mail or electronic mail; provided, that this does not include the solicitation of funds through the media, through oral remarks, or through the contemporaneous dispatch of like items of mass-produced correspondence.".

TITLE III. FISCAL IMPACT STATEMENT.

Sec. 301. 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)).

TITLE IV. EFFECTIVE DATE.

Sec. 401. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

Comprehensive Ethics Reform Act of 2011 Bill 19-297

Comprehensive Ethics Reform Act of 2011
Bill 19-297