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BEFORE THE OFFICE OF CAMPAIGN FINANCE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS
FRANK D. REEVES MUNICIPAL BUILDING
2000 14TH STREET, N.W. SUITE 420
WASHINGTON, D.C. 20009
(202) 671-0550
IN THE MATTER OF
Dr. Abdusalam Omer
(former) Chief of Staff
Executive Office of the Mayor
District of Columbia |
DATE: October 29, 2002
DOCKET NO.: CF 2002-13 |
ORDER
Statement of the Case
This matter came before the Office of Campaign Finance (hereinafter OCF)
pursuant to a referral from the Office of the Inspector General for the
District of Columbia (hereinafter OIG) in a published report entitled
"Report of Investigation of the Fundraising Activities of the
Executive Office of the Mayor (EOM)" (hereinafter Report) (OIG
Control Number 2001-0188 (S)). In the Report, the Inspector General has
alleged that Dr. Abdusalam Omer (hereinafter respondent), former Chief of
Staff in the Executive Office of the Mayor (hereinafter EOM), engaged in
prohibited activity that violated provisions of the District of Columbia
Personnel Manual Standards Of Conduct.
Specifically, the OIG has alleged that the respondent was engaged in
private or personal business activity on government time and with the use
of government resources of behalf of the non-profit Millennium Washington
Capital Bicentennial Corporation (MWCBC), and with regard to the Mayor's
2000 Prayer Breakfast and the August 2000 Democratic National Convention (DNC).
The OIG has also alleged that, in an effort. to secure funding for
participation in the Democratic National Convention in August 2000,
respondent solicited and received financial assistance from a District
entity which conducts business with and is regulated by the District
government. Overall, the respondent is alleged to have violated § §
1800.1, 1803.1(f), 1803 .2(A), and 1804.1 (b) and (i) of the District
Personnel Manual (hereinafter DPM).1
Upon OCF's evaluation of the material amassed in this inquiry, it was
decided that the parameters of this inquiry extended solely to the DPM
employee conduct regulations. There was not any credible evidence that the
respondent committed any violations of the District of Columbia Campaign
Finance Reform and Conflict of Interest Act of 1974 (the Act), as amended,
D.C. Official Code §§1-1101.01 et seq. (2001 Edition). Any alleged
violation of the Act by the respondent would be predicated upon the
premises that respondent realized personal gain through official conduct,
engaged in any activity subject to the reporting requirements and
contribution limitations of the Act, or used District government resources
for campaign related activities.2 See D.C.
Official Code §11106.01. Additionally, fines may be assessed for any
violation of the Act. OCF's review did not reveal any such activity.
Accordingly, where a violation of the DPM employee conduct regulations
has occurred, OCF is limited with respect to any action which otherwise
may be ordered. Inasmuch as the DPM consists of personnel regulations,
fines cannot be assessed. The Director may only recommend disciplinary
action to the person responsible for enforcing the provisions of the
employee conduct rules against the respondent.
By letter dated August 15, 2002, OCF requested the appearance of the
respondent at a scheduled hearing on August 23, 2002. The purpose of the
hearing was to show cause why the respondent should not be found in
violation of the Standards of Conduct, which the respondent was alleged to
have violated in the OIG Report. Respondent did not appear.
However, on October 23, 2002, respondent telephoned the undersigned to
explain that he had been out of the country for at least the past two (2)
months, that he was unaware that OCF was investigating the instant matter
as it pertained to him, and that he had changed counsel to Jeffrey
Robinson, Esq., of Bach, Robinson and Lewis, of Washington, D.C. The
undersigned instructed the respondent to inform counsel to formally submit
a Notice of Appearance in this matter. Subsequent thereto, counsel
telephoned the undersigned and the undersigned repeated her request for a
Notice of Appearance in this matter; and queried whether counsel wished to
submit a statement for the record in the instant matter. Counsel informed
the undersigned that a Notice of Appearance would arrive by October 25,
2002;3 and, due to lack of proper notice to
the respondent, he was not able to submit a statement at this time.
Summary of Evidence
The OIG has alleged that the respondent violated the above referenced
provisions of the DPM as a result of his participation in MWCBC affairs;
and, in his alleged fundraising activities, and those of his former Deputy
Chief of Staff for External Affairs, Mark Jones (hereinafter Jones). OIG
staff interviewed the respondent on October 2, 2001. At that time, in
reply to questions posed by OIG, the respondent stated that he was
completely unaware of Jones' actions in raising monies for non-profit
organizations and he denied any involvement with any of the funds, for the
Mayor's 2000 Prayer Breakfast and transportation and expenses for the 2000
DNC, generated by Jones' fundraising for private non-profit organizations.
Respondent admitted, however, that he attempted to pay the driver of the
Mayor's mother with a government check.
Consequently, the OIG has alleged that the respondent engaged in
activities which were not compatible with the full and proper discharge of
his responsibilities as a government official and created the appearance
of impropriety. The OIG relies exclusively upon its Report, which is
incorporated herein in its entirety.
Findings of Fact
Having reviewed the allegation and the record herein, I find:
- Respondent, Dr. Abdusalam Omer, the former Chief of Staff in the
Executive Office of the Mayor of the District of Columbia, was a
public official required to file a Financial Disclosure Statement
(hereinafter FDS) with OCF.
- MWCBC was incorporated in October 1999, under the auspices of Henry
S. McCall (hereinafter McCall), then EOM Deputy Chief of Staff for
External Affairs, as a private, non-profit corporation to solicit
donations for the 2000 millennium celebration in the District of
Columbia; and that respondent was aware thereof. Report at 50-51.
- From November 1999 through the middle of January 2000, MWCBC
operated out of the EOM office located at 1 Judiciary Square, 441 4th
Street, N.W., Washington, D.C.; and that respondent was aware thereof.
Report at 50-51 & 59.
- From the middle of January through July 2000, MWCBC operated out of
1730 K Street, N.W., and was still supported by D.C. government funds
and resources; and that respondent was aware thereof. Report at 59, 62
& 65.
- Nonetheless, from July through November 2000, MWCBC operated, once
again, out of the EOM office located at 1 Judiciary Square, 441 4th
Street, N.W., Washington, D.C.; and that respondent was aware thereof.
Report at 65 & 67.
- McCall, Marie Drissel (hereinafter Drissel), and Gregory McCarthy
(hereinafter McCarthy), who served as incorporators of MWCBC; Hyong Yi
(hereinafter Yi) and Alfonza Fitzgerald (hereinafter Fitzgerald), who
processed personal services contracts for certain employees of MWCBC;
Drissel and Elizabeth Berke-Valencia (hereinafter Berke-Valencia),
who, in part, managed and wrote checks on behalf of MWCBC; and Lisa
Marie Morgan (hereinafter Morgan), who, in part, managed MWCBC
accounts, were, as EOM employees, all public officials required to
file FDS documents with OCF, and subject to the direction of the
respondent, who also monitored MWCBC activities.
- The Church Association for Community Service (hereinafter CACS)
"was founded in 1989 as a collaboration of pastors, ministers and
faith-based organizations that combine their resources for the
delivery of social services to District residents, particularly on
behalf of those who are poor, elderly or disadvantaged[; and]
maintains senior citizen and day care centers that are subsidized with
District government funds [and became] active in providing affordable
housing for the District's lower income residents." Report at 76.
- "CACS is a 501( c)(3) non-profit organization registered to do
business in the District and licensed to solicit donations" and
is headed by Rev. Frank Tucker, Pastor of the First Baptist Church of
Washington, D.C. Id.
- Jones, an EOM employee required to file FDS documents with OCF, and
an employee subject to the direction of respondent, conducted
fundraising and management activities on behalf of the non-profit CACS,
when he used CACS as the conduit through which he financed mayoral
programs, such as the January 2000 Mayor's Prayer Breakfast,
transportation services for the respondent's mother to attend events
on behalf of the respondent, and to sponsor Democratic National
Convention (hereinafter DNC) expenses for himself and the respondent.
- For the Kids Foundation, Inc. (hereinafter FTKF) was a non-profit
organization created early in 2000 by Vivian Byrd, then Trade
Development Specialist, D.C. Lottery and Charitable Games Control
(hereinafter DCLB), and Jones, then DCLB Deputy Director of
Operations, designed to develop and implement, under the auspices of
the Mayor, civic programs for the benefit of the children of the
District of Columbia. Report at 157.
- At least, from April 2000 through February 2001, Jones conducted the
businesses of CACS and FTKF at his government office at 1 Judiciary
Square, 441 4th Street, N.W., Washington, D.C. Id.; See In the Matter
of Mark Jones, Docket No. PI 2001-101 (November 7, 2001) (hereinafter
Matter of Jones).
- Jones, an EOM employee required to file FDS documents with OCF, and
one subject to the direction of respondent, conducted fundraising and
management activities on behalf of the non-profit FTKF, of Washington,
D.C., when he used FTKF to finance the 2000 Mayoral Holiday Party for
Foster Children. Id.
- Respondent may not have been aware that Jones was conducting
fundraising directly for the non-profits, CACS and FTKF, but, as his
supervisor, and, at a minimum, respondent should have inquired into
Jones' activities. See Matter of Jones.
- Mayor Anthony A. Williams eventually fired the respondent because he
failed to properly supervise his employees in the manner in which they
executed their government responsibilities with regard to MWCBC, CACS
and FTKF.
Conclusions of Law
- Respondent was an employee of the District of Columbia government
and was subject to the enforcement provisions of the employee conduct
regulations at DPM § § 1800 et seq.
- From October 1999 through November 2000, MWCBC, notwithstanding that
it was a private, non-profit corporation, the purpose and proceeds of
which inured to the District of Columbia government, was supported by
D.C. government employees, funds and resources; and, the respondent
believed that MWCBC business was government business.
- McCall's complete and total management of MWCBC and MWCBC accounts
was private, corporate business and conduct, prohibited by the DPM
regulations, of which respondent was aware and should not have
condoned.
- The participation by Drissel, McCarthy, Yi, Fitzgerald, Berke-Valencia,
and Morgan, in MWCBC affairs, was conduct, prohibited by the DPM
regulations, of which respondent was aware, and should not have
condoned.
- From the middle of 1999 through 2001, Jones used District government
employees, supplies and times to solicit contributions for CACS and
FTKF, private non-profit organizations, to fund mayoral programs and
violated the DPM regulations because soliciting funds for a private
non-profit organization is not government business; and, as the EOM
chief of staff, the respondent should have been aware of Jones'
conduct.
- The responsibility for enforcing the provisions of the employee
conduct rules against the respondent would have rested with the Mayor.
Recommendation
Had Dr. Abdusalam Omer remained an employee, it would
have been my recommendation that the Director advise the Mayor of the
District of Columbia to take disciplinary action against Dr. Abdusalam
Omer based upon his violations of the Standards of Conduct to include a
change in his assigned duties, corrective or adverse action, his
disqualification for a particular assignment, pursuant to DPM § 1801.2,
or his removal from District government service.
It should be noted that prior to the issuance of the
Report, the Mayor appointed an EOM Ethics Counselor and scheduled meetings
and workshops to inform and clarify each staff member as to the provisions
and prohibitions of the Standards of Conduct.
Because Dr. Abdusalam Omer is no longer a District government employee,
and, because the Mayor of the District of Columbia has taken steps to
definitively and thoroughly inform each staff member as to provisions and
prohibitions of the Standards of Conduct, I hereby recommend that the
Director advise the Mayor to be always cognizant of this responsibility.
10/29/02
Date
Kathy S. Williams
General Counsel
ORDER OF THE DIRECTOR
The circumstances surrounding the instant misconduct involved an employee
who believed that his conduct was within the parameters of his job
description. But, Dr. Abdusalam Omer is no longer a District government
employee, and, the Mayor has taken appropriate measures, by appointing an
EOM Ethics Counselor and conducting extensive workshops, to apprise and
reapprise his staff of the provisions and prohibitions of the Standards of
Conduct. Thus, the Mayor has taken appropriate measures to ensure the
integrity of government. I advise the Mayor to remain ever vigilant in
this regard.
This Order may be appealed to the Board of Elections and Ethics within
15 days from issuance.
10/29/02
Date
Cecily E. Collier-Montgomery
Director
Parties Served:
Dr. Abdusalam Omer
139 North Carolina Avenue, S.E.
Washington, D.C. 20003
Donald R. Dinan, Esq.
Hall, Estill, Hardwick, Gable, Golden and Nelson
1120 20th Street, N.W.
Washington, D.C. 20036
Charles Maddox, Esq.
Inspector General
Office of the Inspector General
717 14th Street N.W., 5th Floor
Washington, D.C. 20005
SERVICE OF ORDER
This is to certify that I have served a true copy of the foregoing Order.
S. Wesley Williams
Investigator
NOTICE
Pursuant to 3 DCMR § 3711.5 (1999), any fine imposed by the Director
shall become effective on the 16th day following the issuance of a
decision and order, if the respondent does not request an appeal of this
matter. If applicable, within 10 days of the effective date of this Order,
please make a check or money order payable to the D.C. Treasurer, c/o
Office of Campaign Finance, Suite 420, 2000 14th Street, N.W., Washington,
D.C. 20009.
cc: Jeffrey Robinson, Esq.
Bach, Robinson and Lewis
1 Thomas Circle, N.W.
Suite 200
Washington, D.C. 20005
________________
1. DPM § 1800.1 reads as follows:
Employees of the District government shall at all times maintain a
high level of ethical conduct in connection with the performance of
official duties, and shall refrain from taking, ordering or
participating in any official action which would adversely affect the
confidence of the public in the integrity of the District government.
DPM § 1803.1 (f) reads as follows:
An employee shall avoid action, whether or not
specifically prohibited by this chapter, which might result in, or
create the appearance of the following:
(f) Affecting adversely the confidence of the public in the integrity
of government.
DPM § 1803.2(A) reads as follows:
District employees shall not solicit or accept, either directly or
through the intercession of others, any gift, gratuity, favor, loan,
entertainment, or other like thing of value from a person who singularly
or in concert with others:
(a) Has, or is seeking to obtain, contractual business or financial
relations with the D.C. government;
(b) Conducts operations or activities that are subject to
regulation by the D.C. government; or
(c) Has an interest that may be favorably affected by the
performance or non-performance of the employee's official
responsibilities.
DPM § 1804.1 (b) reads as follows:
An employee may not engage in any outside employment or other
activity, which is not compatible with the full and proper discharge of
his or her duties and responsibilities as a government employee.
Activities or actions which are not compatible with government
employment include but are not limited to, the following:
(b) Using government time and resources for other than official
business[, and]
(i) Engaging in any outside employment, private business activity,
or other interest which is in violation of federal or District law.
2. D.C. Law 14-36, "Campaign Finance Amendment Act of
2001," effective October 13, 2001, prohibits the use of District
government resources for campaign related activities.
3. To date, the undersigned has not received a Notice
of Appearance from the respondent's current counsel. |