Comprehensive Ethics Reform Act

8/6/2019 Comprehensive Ethics Reform Act

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____________________________ __________________________1Councilmember Mary M. Cheh Chairman Kwame R. Brown2

3A BILL4

567

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA89

101112

Chairman Kwame R. Brown and Councilmember Mary M. Cheh introduced the following bill,13which was referred to the Committee on ____________________.14

15To establish the Office of Government Accountability; to establish an Ethics Advisory16

Committee; to amend the District of Columbia Comprehensive Merit Personnel Act to17require that new District employees receive an ethics manual and ethics training, and that18employees receive annual ethics training, and to establish monetary sanctions for19violations of standards of conduct; to amend the District of Columbia Campaign Finance20Reform and Conflict of Interest Act to require rolling publication of lobbyist registration,21to add disclosure of business relationships between lobbyists and public officials; to22prohibit the use of the official position to obtain financial gain for a not-for-profit entity23with which he or she is affiliated, to add additional financial disclosure requirements, and24to require disclosure of external fundraising activities.25

26BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this27

bill may be cited as the Comprehensive Ethics Reform Act of 2011.28

TITLE I. OFFICE OF GOVERNMENT ACCOUNTABILITY; ETHICS ADVISORY29

COMMITTEE.30

Sect. 101. Short title.31

This title may be cited as the Office of Government Accountability Establishment Act of32

2011.33

Sec. 102. The Office of Government Accountability.34

There is established within the District of Columbia Board of Elections and Ethics the35

Office of Government Accountability (OGA). The OGA shall be headed by the Director,36


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appointed by the Mayor from a list of persons recommended by the Board, by and with the1

advice and consent of the Council. The Director shall serve at the pleasure of the Board and shall2

receive compensation at a rate set by the Board.3

Sec.103. Powers and Duties.4

(a) The OGA shall have the power to investigate any matter involving lobbying, conflict5

of interest, financial disclosures, and other ethical matters and standards of conduct relating to6

District government employees, including the Council.7

(b) The OGA shall have the power to require any person to submit in writing such reports8

and answers to questions as the Director may prescribe on any matter within its jurisdiction; and9

such submission shall be made within such reasonable period and under oath or otherwise as the10

Director may determine.11

(c) The OGA may order that testimony in any proceeding or investigation be taken by12

deposition before any person who is designated by the OGA, and has the power to administer13

oaths.14

(d) Any violation of laws, rules, regulations, or policies within the OGAs jurisdiction15

shall be investigated by the OGA. As a result of the investigation, the OGA shall forward to the16

appropriate authority a report, identifying the evidence of unlawful and unethical behavior, or the17

finding of no unlawful and unethical behavior. The report shall include the following:18

(1) Any factual findings;19

(2) Any recommendations for corrective actions; and20

(3) Any recommended penalties to be imposed by the appropriate authority.21

(e) Any person who is the subject of a report shall be entitled to appeal the findings of the22

OGA to the Board of Elections and Ethics, which shall determine whether the findings of fact23


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and conclusions of law are supported by substantial evidence. Any final determination of the1

Board may be appealed to the District of Columbia Court of Appeals in the same manner and to2

the same extent as all other final decisions of the Board.3

(e) Upon request made by any public official or employee, the OGA shall provide within4

a reasonable period of time an advisory opinion with respect to any specific transaction or5

activity inquired of, as to whether such transaction or activity would constitute a violation of any6

laws, rules, regulations, or policies over which the OGA has primary jurisdiction.7

Sec. 104. Subpoena powers.8

(a) The OGA may subpoena witnesses, compel the attendance and testimony of9

witnesses, and require the production of any records, including books, papers, documents, and10

any other evidence relating to any matter under investigation by the OGA.11

(b) The Superior Court of the District of Columbia may, upon petition by the OGA, in12

case of refusal to obey a subpoena or order of the OGA issued under subsection (a) of this13

section, issue an order requiring compliance therewith; and any failure to obey the order of the14

Court may be punished by the Court as a contempt thereof.15

Sec. 105. Rulemaking.16

(a) The OGA shall, pursuant to Title I of the District of Columbia Administrative17

Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code 2-501 et seq.),18

issue rules consistent with the purposes of this act.19

(b) The proposed rules shall be submitted to the Council for a 45-day period of review,20

excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not21

approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day22

review period, the proposed rules shall be deemed approved.23


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Sec. 106. Ethics Advisory Committee.1

(a) There is established the Ethics Advisory Committee (Committee), to be led by the2

OGA. The Committee shall be composed of 5 members as follows:3

(1) The Mayor, or his or her designee, who shall serve as Chair;4

(2) Two members, appointed by the Mayor, who shall not be employees of the5

District government, at least one of whom shall be an attorney in good standing in the District of6

Columbia;7

(3) The Chairman of the Council, or his or her designee; and8

(4) One member, recommended by the Chairman and appointed by Council9

resolution, who shall be a lawyer in good standing in the District of Columbia.10

(b) All appointed members of the Committee shall be District residents, and shall have a11

background of ethics, whether in a nonprofit, university, or civic association, or any other board12

or commission that relates to ethics.13

(c) The Committee shall, from time to time, make recommendations to the Council and14

the Mayor about proposed changes and updates to District laws, rules, regulations, or policies15

concerning conduct of lobbyists, government employees, conflicts of interest, ethical conduct of16

public officials, and other ethics matters.17

(d) The Committee shall meet at least 4 times per year.18

TITLE II. ETHICS TRAINING; FINANCIAL DISCLOSURE.19

Sec. 201. The District of Columbia Government Comprehensive Merit Personnel Act of20

1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code 1-601.01 et seq.) is21

amended as follows:22

(a) Section 1801 (D.C. Official Code 1-618.01) is amended by adding a new subsection23


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(a-2) to read as follows:1

(a-2)(1) Upon commencement of employment, a District employee shall be provided2

with an Ethics Manual and information about applicable standards of conduct.3

(2) Not later than 90 days after commencement of employment, a District4

employee shall certify that he or she has undergone ethics training provided by the agencys5

ethics counselor designated in section 1803(a).6

(3) Each District employee shall certify on an annual basis, that he or she has7

participated in at least one ethics training program within the year period..8

(b) A new section 1804 is added to read as follows:9

1804. Sanctions.10

(a) Any person who knowingly violates any provision of sections 1801 and 1802 shall11

be subject to a penalty not to exceed $5,000..12

(b) If the person against whom a civil penalty is assessed fails to pay the penalty, the13

authority may file a petition for enforcement of its order assessing the penalty in the Superior14

Court of the District of Columbia.15

Sec. 202. The District of Columbia Campaign Finance Reform and Conflict of Interest16

Act, effective August 14, 1974 (88 Stat. 467; D.C. Official Code 1-1101.01 et seq.), is17

amended as follows:18

(a) Section 504 (D.C. Official Code 1-1105.04) is amended by adding a new paragraph19

(c) to read as follows:20

(c) Not later than 10 days after a registrant files a registration form with the Director, the21

Director shall publish on its website a summary of all information required to be submitted under22

this subsection..23


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(b) Section 505(a)(4) (D.C. Official Code 1-1105.05(a)(4)) is amended by striking the1

phrase personal staff who receives compensation in any manner by the registrant shall be2

identified by name and nature of his or her employment with the registrant and inserting the3

phrase staff, including personal and committee staff, who has a business relationship or a4

professional services relationship with the registrant shall be identified by name and nature of his5

or her business relationship with the registrant in its place.6

(c) Section 601(i)(2) (D.C. Official Code 1-1106.01(i)(2)) is amended by striking the7

phrase business is conducted for profit and inserting the phrase business is conducted,8

whether for profit or not for profit in its place.9

(d) Section 602(a) (D.C. Official Code 1-1106.02(a)) is amended as follows:10

(1) Paragraph (1) is amended to read as follows:11

(1)(A) the name and address of each business entity (including sole12

proprietorships, partnerships, nonprofit organizations, and corporations) transacting any business13

with the District of Columbia government (including any of its agencies, departments, boards,14

commissions, or educational bodies), and the nature of the relationship, including the position15

held and the amount, if applicable, of the interest or income according to the schedule set forth in16

subparagraph (B), in which such person (or his or her spouse or domestic partner):17

(i) has a beneficial interest (including those held in such18

persons own name, in trust, or in the name of a nominee) exceeding in the aggregate $1,000;19

provided, however, if such interest consists of corporate stocks which are registered and traded20

upon a recognized national exchange, such aggregate value must exceed $5,000; or21

(ii) earns income for services rendered during a calendar22

year in excess of $1,000; or23


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(iii) serves as an officer, director, partner, employee,1

consultant, contractor, or in any other formal capacity or affiliation;2

(B) the amount of interest or income shall be classified according3

to the following categories:4

(i) $1,001-$10,000;5

(ii) $10,001-$50,000;6

(iii) $50,001-$100,000;7

(iv) $100,001-$250,000; or8

(v) $250,001 or greater;.9

(C) for any entity with a contract with the District of Columbia10

government in which such person or his or her spouse or domestic partner holds an interest in the11

value of the entity of 5% or greater, such person shall report the nature of the contract, the12

contracting agency, and the amount of consideration;13

(2) Paragraph (2) is amended by striking the phrase his or her spouse if such14

liability is joint and inserting the phrase his or her spouse or domestic partner in its place.15

(3) Paragraph (3) is amended as follows:16

(A) Strike the phrase all real property located in the District of17

Columbia and insert the phrase all real property in its place.18

(B) Strike the phrase his or her spouse if such property is jointly titled19

and insert the phrase his or her spouse or domestic partner in its place.20

(C) Strike the phrase occupied by such person or his or her spouse and21

insert the phrase occupied by such person in its place.22

(4) Paragraph (6) is amended as follows:23


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(1) Strike the phrase if the client has a contract with the government of1

the District of Columbia or the client stands to gain a direct financial benefit from legislation that2

was pending before the Council during the calendar year and insert the phrase and the amount3

of the outside income according to the schedule set forth in subparagraph (1)(B) of this section4

in its place.5

(2) Strike the phrase any fixed payment at regular intervals for services6

rendered and insert the phrase any fixed payment at regular intervals for services rendered,7

pursuant to a contract, including a contingency fee arrangement in its place.8

(3) Strike the phrase which are deemed to be de minimis by the Board9

and insert the phrase which are deemed to be de minimis by the Board, or where the Board10

concludes that non-disclosure is justified because the disclosure information would violate any11

law, rule, or legally recognized privilege under District law in its place.12

(e) A new section 603 is added to read as follows:13

Sec. 603. Disclosure of external fundraising activities.14

(a) An elected official may serve as an honorary member of a covered entitys15

fundraising event or otherwise personally solicit funds on behalf of the covered entity; provided,16

that the elected official does not stand to gain financially from the covered entity; provided17

further, that District resources shall not be used to solicit the funds; and provided further, that the18

funds raised will support a nongovernmental bona fide charitable activity benefiting the District19

of Columbia.20

(b) Each elected official shall, on a quarterly basis, file with the Office of Government21

Accountability a listing of each covered entity on whose behalf the elected official served as an22

honorary member or personally solicited funds.23


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(c) This section shall not be construed in any way to limit the ability of an elected1

official to engage in political fundraising activities.2

(d) For the purposes of this section, the term:3

(1) Covered entity means a nonprofit charitable organization.4

(2) Elected official means the Mayor, the Chairman, and the Members of the5

Council.6

(3) Personally solicit means to request or otherwise encourage donations or7

other support through person-to-person contact or through the direct request by mail or electronic8

mail; provided, that this does not include the solicitation of funds through the media, through9

oral remarks, or through the contemporaneous dispatch of like items of mass-produced10

correspondence..11

TITLE III. FISCAL IMPACT STATEMENT.12

Sec. 301. The Council adopts the fiscal impact statement in the committee report as the13

fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule14

Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(3)).15

TITLE IV. EFFECTIVE DATE.16

Sec. 401. This act shall take effect following approval by the Mayor (or in the event of17

veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional18

review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved19

December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the20

District of Columbia Register.21

Comprehensive Ethics Reform Act

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