Professional Documents
Culture Documents
30 COMMITTEE.
32 This title may be cited as the “Office of Government Accountability Establishment Act of
33 2011”.
35 There is established within the District of Columbia Board of Elections and Ethics the
36 Office of Government Accountability (“OGA”). The OGA shall be headed by the Director,
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1 appointed by the Mayor from a list of persons recommended by the Board, by and with the
2 advice and consent of the Council. The Director shall serve at the pleasure of the Board and shall
5 (a) The OGA shall have the power to investigate any matter involving lobbying, conflict
6 of interest, financial disclosures, and other ethical matters and standards of conduct relating to
8 (b) The OGA shall have the power to require any person to submit in writing such reports
9 and answers to questions as the Director may prescribe on any matter within its jurisdiction; and
10 such submission shall be made within such reasonable period and under oath or otherwise as the
12 (c) The OGA may order that testimony in any proceeding or investigation be taken by
13 deposition before any person who is designated by the OGA, and has the power to administer
14 oaths.
15 (d) Any violation of laws, rules, regulations, or policies within the OGA’s jurisdiction
16 shall be investigated by the OGA. As a result of the investigation, the OGA shall forward to the
17 appropriate authority a report, identifying the evidence of unlawful and unethical behavior, or the
18 finding of no unlawful and unethical behavior. The report shall include the following:
22 (e) Any person who is the subject of a report shall be entitled to appeal the findings of the
23 OGA to the Board of Elections and Ethics, which shall determine whether the findings of fact
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1 and conclusions of law are supported by substantial evidence. Any final determination of the
2 Board may be appealed to the District of Columbia Court of Appeals in the same manner and to
4 (e) Upon request made by any public official or employee, the OGA shall provide within
5 a reasonable period of time an advisory opinion with respect to any specific transaction or
6 activity inquired of, as to whether such transaction or activity would constitute a violation of any
7 laws, rules, regulations, or policies over which the OGA has primary jurisdiction.
9 (a) The OGA may subpoena witnesses, compel the attendance and testimony of
10 witnesses, and require the production of any records, including books, papers, documents, and
11 any other evidence relating to any matter under investigation by the OGA.
12 (b) The Superior Court of the District of Columbia may, upon petition by the OGA, in
13 case of refusal to obey a subpoena or order of the OGA issued under subsection (a) of this
14 section, issue an order requiring compliance therewith; and any failure to obey the order of the
17 (a) The OGA shall, pursuant to Title I of the District of Columbia Administrative
18 Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.),
20 (b) The proposed rules shall be submitted to the Council for a 45-day period of review,
21 excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not
22 approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day
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1 Sec. 106. Ethics Advisory Committee.
2 (a) There is established the Ethics Advisory Committee (“Committee”), to be led by the
4 (1) The Mayor, or his or her designee, who shall serve as Chair;
5 (2) Two members, appointed by the Mayor, who shall not be employees of the
6 District government, at least one of whom shall be an attorney in good standing in the District of
7 Columbia;
11 (b) All appointed members of the Committee shall be District residents, and shall have a
12 background of ethics, whether in a nonprofit, university, or civic association, or any other board
14 (c) The Committee shall, from time to time, make recommendations to the Council and
15 the Mayor about proposed changes and updates to District laws, rules, regulations, or policies
20 Sec. 201. The District of Columbia Government Comprehensive Merit Personnel Act of
21 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.) is
22 amended as follows:
23 (a) Section 1801 (D.C. Official Code § 1-618.01) is amended by adding a new subsection
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1 (a-2) to read as follows:
5 employee shall certify that he or she has undergone ethics training provided by the agency’s
7 “(3) Each District employee shall certify on an annual basis, that he or she has
8 participated in at least one ethics training program within the year period.”.
10 “1804. Sanctions.
11 “(a) Any person who knowingly violates any provision of sections 1801 and 1802 shall
13 “(b) If the person against whom a civil penalty is assessed fails to pay the penalty, the
14 authority may file a petition for enforcement of its order assessing the penalty in the Superior
16 Sec. 202. The District of Columbia Campaign Finance Reform and Conflict of Interest
17 Act, effective August 14, 1974 (88 Stat. 467; D.C. Official Code § 1-1101.01 et seq.), is
18 amended as follows:
19 (a) Section 504 (D.C. Official Code § 1-1105.04) is amended by adding a new paragraph
21 “(c) Not later than 10 days after a registrant files a registration form with the Director, the
22 Director shall publish on its website a summary of all information required to be submitted under
23 this subsection.”.
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1 (b) Section 505(a)(4) (D.C. Official Code § 1-1105.05(a)(4)) is amended by striking the
2 phrase “personal staff who receives compensation in any manner by the registrant shall be
3 identified by name and nature of his or her employment with the registrant” and inserting the
4 phrase “staff, including personal and committee staff, who has a business relationship or a
5 professional services relationship with the registrant shall be identified by name and nature of his
7 (c) Section 601(i)(2) (D.C. Official Code § 1-1106.01(i)(2)) is amended by striking the
8 phrase “business is conducted for profit” and inserting the phrase “business is conducted,
12 “(1)(A) the name and address of each business entity (including sole
14 with the District of Columbia government (including any of its agencies, departments, boards,
15 commissions, or educational bodies), and the nature of the relationship, including the position
16 held and the amount, if applicable, of the interest or income according to the schedule set forth in
17 subparagraph (B), in which such person (or his or her spouse or domestic partner):
19 person’s own name, in trust, or in the name of a nominee) exceeding in the aggregate $1,000;
20 provided, however, if such interest consists of corporate stocks which are registered and traded
21 upon a recognized national exchange, such aggregate value must exceed $5,000; or
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1 “(iii) serves as an officer, director, partner, employee,
5 “(i) $1,001-$10,000;
6 “(ii) $10,001-$50,000;
7 “(iii) $50,001-$100,000;
8 “(iv) $100,001-$250,000; or
10 “(C) for any entity with a contract with the District of Columbia
11 government in which such person or his or her spouse or domestic partner holds an interest in the
12 value of the entity of 5% or greater, such person shall report the nature of the contract, the
14 (2) Paragraph (2) is amended by striking the phrase “his or her spouse if such
15 liability is joint” and inserting the phrase “his or her spouse or domestic partner” in its place.
17 (A) Strike the phrase “all real property located in the District of
18 Columbia” and insert the phrase “all real property” in its place.
19 (B) Strike the phrase “his or her spouse if such property is jointly titled”
20 and insert the phrase “his or her spouse or domestic partner” in its place.
21 (C) Strike the phrase “occupied by such person or his or her spouse” and
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1 (1) Strike the phrase “if the client has a contract with the government of
2 the District of Columbia or the client stands to gain a direct financial benefit from legislation that
3 was pending before the Council during the calendar year” and insert the phrase “and the amount
4 of the outside income according to the schedule set forth in subparagraph (1)(B) of this section”
5 in its place.
6 (2) Strike the phrase “any fixed payment at regular intervals for services
7 rendered” and insert the phrase “any fixed payment at regular intervals for services rendered,
9 (3) Strike the phrase “which are deemed to be de minimis by the Board”
10 and insert the phrase “which are deemed to be de minimis by the Board, or where the Board
11 concludes that non-disclosure is justified because the disclosure information would violate any
12 law, rule, or legally recognized privilege under District law” in its place.
16 fundraising event or otherwise personally solicit funds on behalf of the covered entity; provided,
17 that the elected official does not stand to gain financially from the covered entity; provided
18 further, that District resources shall not be used to solicit the funds; and provided further, that the
19 funds raised will support a nongovernmental bona fide charitable activity benefiting the District
20 of Columbia.
21 “(b) Each elected official shall, on a quarterly basis, file with the Office of Government
22 Accountability a listing of each covered entity on whose behalf the elected official served as an
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1 “(c) This section shall not be construed in any way to limit the ability of an elected
5 “(2) “Elected official” means the Mayor, the Chairman, and the Members of the
6 Council.
8 other support through person-to-person contact or through the direct request by mail or electronic
9 mail; provided, that this does not include the solicitation of funds through the media, through
11 correspondence.”.
13 Sec. 301. The Council adopts the fiscal impact statement in the committee report as the
14 fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule
15 Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
17 Sec. 401. This act shall take effect following approval by the Mayor (or in the event of
18 veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional
19 review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
20 December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the