### GOVERNMENT OF THE DISTRICT OF OLUMBIA DistrictDepartmentofthe Environ ent

Office ofthe Director



### ShawnM. Garvin Regional Administrator U.S. Environmental ProtectionAgency RegionIII (Mail Code: 3RAOO) 1650 Arch Street Philadelphia, PA 19103-2029 

# ***

Subject: Revision ofConflictofInterestProvisions inthe Dist ict's State Implementation Plan \ (SIP)

# ;~~"'"' Dear}'*·Garvin:
Pursuantto the authority setforth inthe DistrictofColumbiaAi PollutionControlActof1984 ("theAct"), Mayor's Order98-44, datedApril10, 1998, and M yor's Order 2006-61, datedJune 14, 2006, the DistrictofColumbia (District) is herebyrequestin approval ofarevisionto its State ImplementationPlan (SIP) submittedin accordance witht e requirements of40 C.F.R. Part 51. The SIP revisionreplaces existingconflictofinterestprovi ions identified as, "Revisionfor conflictofinterestprocedures [CleanAirAct Section 128 SIP],' at40 C.F.R. Chapter 1, 

### Subpart J, Section 52.470(e) withD.C. Official Code§§ 1-1161.01, 1-1162.23, 1-1162.24, and 1-1162.25 (2012 Supp.).
TheDistrictis requestingthis SIP revisionto meetthe requirem nts of§§ 128 and 110(a)(2)(E)(ii)ofthe CleanAirAct (CAA) for all national am ient airquality standards (NAAQS). Inparticular, the SIP revision ensures that any pote tial conflicts ofinterestofthe decision makers who approvepermits orenforce orders issued derthe CAAare adequately disclosed (arequirementmetby§§ 1-1161.01, 1-1162.23, 1-11 

### 2.24, and 1-1162.25 ofthe D.C. Code).
The Districthas no "boardorbody" which approvespermits or nforcementordersunderthe CAA, thereforethe requirement of§ li28(a)(l) ofthe CAAdoes not apply. Alternatively, this submissiondemonstratesthatemployees and elected officials o the Districtgovernment are requiredto conductbusiness**appropri~tely,** 

### as suggestedbyCA § 128(a)(l). Pursuantto§ 128(a) ofthe CAA, a State may adoptrequirementsmore string ntthantherequirements of§ 128 for inclusion into a SIP.
In addition, the Districtis requestingthis SIP revisionto demon trate that§ 110(a)(2)(E)(ii)ofthe CAA is satisfiedfor all applicableNAAQl by meetingthe requireme ts of§ 128 ofthe CAA.

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# ~ DISTRICT DEPARTMENT OF THE ENVIRONMENT green forward**~** H



### 1200 First St. NE, 5th Floor, Washington, DC 20002 1 1: 202.535.2600 

## Iweb:ddoe.dc.gov

### ANotice ofPublicHearing and Public CommentPeriodwaspostedin the D.C. Register

### onJune 7, 2013 (60 DCR25: 008485,Notice ID 4395378).
A hard copyofthe SIP submittal is enclosedwith supportingdocumentation:

• Copy oftheD.C. Official Code, Sections 1-1161.01, 1-1162.23, 1-1162.24, and 1- 1162.25 (2012 Supp.); • Publichearing notice; • Hearing officer'scertification; • One disk containing an electronic versionofthe SIP revision. The electronicversion includes an exactduplicate ofthe papercopyofthe SIP revision submittal. Specifically, Irequestthatthe following be approved as a SIP revision:

• Repeal Sections 1-1461, 1-1462, and 1-1471 oftheD.C. Code, 1981 Edition. • Repeal D.C. Law4-23. • Repeal Sections 3(1) through (n) ofD.C. Law4-88. • Repeal Organization OrderNo. 112. • Add D.C. Official Code§§ 1-1161.01, 1-1162.23, 1-1162.24, and 1-1162.25 (2012 Supp.).
Should you have any questions orrequire additional information, please contactme at (202) 535- 2615, orMs. Cecily Beall, Associate Directorfor the Air Quality Division, at (202) 535-2626. Sincerely,

Enclosure

cc: DianaEsher, Director, AirProtectionDivision, EPARegion 3 Cecily Beall, Associate Director, Air Quality Division, DDOE

### GOVERNMENT OFTHEDISTRICT OF DistrictDepartmentofthe Environ ent 

# ***

AirQualityDivision 

### MEMORANDUM TO:

FROM:

DATE:
SUBJECT: 

### Keith A. 

### Anderson

# ~/(....--- 1/ 

### Director, DistrictDepartmentofthe Environmen

# ~ 

# 07 /")/t:J Abraham Hagos 

## ,/Jrtf 7

# /;o/13 Environmental Engineer, PermittingBranch, Air uality Division, DDOE July 8, 2013 Hearing Officer's Certificationfor Public Hea ings on Two Separate SIP Revisions: (1) theDistrict's Revised Conflict o Interest SIP and (2) the Lead Infrastructure SIP



### This is to certifythattwo public hearings were held onJuly 8, 2 13, to give thepublicthe opportunityto comment onproposedrevisions to the District's tate ImplementationPlan (SIP). The first washeld at approximately5:00p.m. to revisethe confl ctofinterestprovisions includedinthe SIP to meetthe requirements ofSection 128 oft e CleanAirAct. The second
was held at approximately 5:30p.m.to revise the Lead (Pb) Infr structure SIP provisions. Notice ofbothpublichearings wasposted in theD.C. Register 

### June 7, 2013 (60 DCR25: 008486, Notice ID 4395281 ;60 DCR25: 008485,Notice ID 43 5378), as attached.
AbrahamHagos ofthe DistrictDepartmentofthe Environment, ir Quality Division, representedthe District. No one attended eitherpublichearing.

DISTRICT DEPARTMENT OF THE ENVIRONMENT

# ~ green forward

.. H

1200 First St. NE, 5th Floor, Washington, DC 200021 t 1: 202

.535

.2600 

## Iweb:ddoe.dc.gov

### NOTICE OFPUBLICH ARINGAND PUBLIC OMMENTPERIOD ON IRQUALITYISSUES

i I 

### Notice is hereby giventhat apubr hearingwill be held on onday, July 8, 2013, at 5:00 p.m. in Room 555 at 1200 First treet NE, 5th Floor, in W shington, D.C. 20002. This hearing provides interested parti s an opportunity to co ment on a revision to the District of Columbia's (District State Implementation Pan (S]P). The District is proposing to revise the SIP tore ove certain conflict ofint rest p110visions at 40 C.F.R. Chapter 1, Subpart J, Section 5 .470(e) called the "Revi ion for conflict of interest procedures [CAA Section 128 SI ],"whichwas approved y EPA on June 1, 1984 (49 Fed. Reg. 22810). The District ill replace sections 1-146 , 1-1462, and 1-1471 ofthe D.C. Code, 1981 Edition; D.C. La 4-23; sections 3(1)throu h (n) ofD.C. Law4-88; and Organization OrderNo. 112 inth SIP with D.C. Official C de§§ 1-1161.01, 1-1162.23, 1-1162.24, and 1-1162.25 (2012 upp.). The SIP revision as initially proposed in the D.C. Register 

### on February 8, 2013 (60 DCR 001392; Noti e ID 4175964). Comments received from the United States nvironmental Protection gencyi(EPA) are addressed inthis re-proposal.
Once the District has completed i s procedures, the propose revision to the SIP will be submitted to EPA for approval to meet the requirements of 128 and § 110(a)(2)(E)(ii) ofthe federal CleanAirAct (CA )for all criteriapollutants. Copies of the proposed SIP rev sion are available for p blic**r~view** 

### during normal business hours at the offices of he District Department o the Environment (DDOE), 1200 First Street NE, 5th loor, Washington, DC 20002, and on-line at http://ddoe.dc.gov/.
Interested parties wishing to testi y at this hearing must su mit in writing their names, addresses, telephone numbers and affiliation, ifany, to Mr. illiam,Bolden atthe DDOE address above or at william.bold n de. ov by 4:00 p.m. on July 8, 2013. Interested parties may also submit written comments to Ms. Jessi a Danfels, Monitoring and Assessment Branch, Air Quality ivision, DDOE, at the s me address or by email at jessica.daniels@dc.gov. Question about this SIP revision should be directed to Mr. Rama S. Tangiralabyphone at 2 -535-2989 oremail atra a.tan irala de. ov, orMs. Daniels at 202-741-0862 or ·essie .daniels de. ov. No co ments will be accepted after July 8, 2013.

## Notice ID 4395281: 

## Environment,

District ofColumbia MAYOR DC GUIDE BUSINESS VISITORS 

## D.C. Municipal Regulation and D.C. Regi SecretCiry ofthe District of Columbiil 1Office of**nn•·11rrumr~**

Home Search Subscribe Comment I

Notice ID: 4395281
Environment, District Departmentofthe

- Issues- State Implementation Plan

Register Category: About Us Contact Us

Agency Name: Hnvironmer>t. District Department ofthe

Notice Files:

Register Issue:

Publish Date: Howto Link tothis Notice: 

## ofPublic Hearing 

## a... Page 1

## of1

FOR KIDS**Com~ent** Period on Air Quality

Telephone Directory byTopic • Agencies • DC Council Search • Elected Officials • Feedback • A4c:essibility • Privacy & Security • Terms & Conditions



## http://www.dcregs.dc.gov/Gateway/Notic1Home.aspx?N Office Qf Documents and Administrative Issuances 1 4th Street, NW, Suite 520S, Washington, DC 20001 Phone: (202) 727·5090 Fax: (202) 727·6042 Email: DCdocuments@dc.gov



### 7/10/2013

### JULY 8, 2013 

## GOVERNMENT OF THE DISTRICT OF COLUMBIA 

## Departmentofthe Environment Environmental ProtectionAdministration AirQuality Division

PUBLIC HEARING ON A REVISION OF THE DISTRICT's CONFLICT OF INTEREST PROVISIONS IN THE STATE IMPLEMENTATION PLAN

Please sign below:

NAME AFFILIATION 

### (ifany) ADDRESS


## 1.
2.
3.

5.

### DistrictofColumbiaOfficial Code Page 1of8

# ~redby

# West

# law. il Home Home Search Help 

### © 

## elco e to the online s urce forthe strict of Columbia Offi ial C!:ode

DC ST § 

### 1-1161.01 § 

### 1-1161.01. Definitions.



# t Term.

# t Best Section. DC ST § 

### +1+-+1161+.+01+ District ofColumbia Official Code 2001 Edi ion Currentness

Division I. 

### Government of District.

Title 1. Government Organization. Res & 

### Annas

"'II Chapter llA. Government Ethics nd Accountability.



### "111 Subchapter I. 

### Definitions. 

### •§ 

### 1-1161.01. Definitions.

For the purposes ofthis chapter, the term

(1) "Administrative decision" means any activity directly related to ction by an executive agency to issue a Mayor's order, to cause to be un ertaken a rulemaking proc eding (which does not include a formal public hearing) under Chapter 5 f Title 2, orto propose legi lation or make nominations to the Council, the President, or Congress. I I 

### (2) "Administrative Procedure Act"

### mea~s Chapter 5 ofTitle 2.

I 

### (3) "Affiliated organization" means:

(A) An organization or entity:

(i) In which the employee serves as fficer, director, trustee, g neral p:artner, or employee; (ii) 

### In which the employee or memb r ofthe employee's house old is a director, officer, owner, employee, or holder ofstock worth 1,000 or more at fair mar t value; or (iii) That is a client ofthe employee rra member ofthe employ e's household; or (B) A person with whom the employee is negotiating for or has a arrangement concerning prospective employment. (4) "Business" means any corporation, rtnership, sole proprietor hip, firm, nonprofit corporation, enterprise, franchise, association, organ zation, self-employed indiv dual, holding company, joint stock, trust, and any legal entity through whic business is conducted, wh therfor profit or not. (5) "Business with which he or she is as ociated" means any busin ss ofwhich the person or member of his or her household is a director, office , owner, employee, or hold r ofstock worth $1,000 or more at fair marketvalue, and any business tha is a client ofthat person. (6) "Candidate" means an individual wh seeks nomination for elec ion, or election, to office, whether or notthe individual is nominated or electe

. For the purposes ofthis aragraph, an individual shall be deemed to seek nomination for election, or election, ifthe individu 

### 1:

I



### (A) Obtained or authorized any other

### ~erson to obtain nominatin petitions to qualify himself or

i i 

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### DistrictofColumbiaOfficialCode Page 2**of~**

herselffor nomination for election, or election, to office; (B) Received contributions or made expenditures, or has given consent to any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination for election, or election, to office; or (C) Knows, or has reason to know, that any other person has received contributions or made expenditures for that purpose, and has not notified that person in writing to cease receiving contributions or making expenditures for that purpose; provided, that an individual shall not be deemed a candidate ifthe individual notifies each person who has received contributions or made expenditures that the individual is only testing the waters, has not yet made any decision whetherto seek nomination or election to public office, and is not a candidate. An individual deemed to be a candidate for the purposes ofthis chapter shall not be deemed, solely by reason ofthat status, to be a candidate for the purposes ofany other law. (7) "Code ofConduct" means those provisions contained in the following:

(A) The Code ofOfficial Conduct ofthe Council ofthe District ofColumbia, as adopted by the Council; (B) Sections 1-618.01 through 1-618.02; (C) Chapter 7 ofTitle 2; (D) Section 2-354.16; (E) Chapter 18 ofTitle 6B ofthe District ofColumbia Municipal Regulations; (F) Parts C, D, and Eofsubchapter II, and part Fofsubchapter III ofthis chapter for the purpose of enforcement by the Elections Board ofviolations of§ 1-1163.38that are subject to the penalty provisions of§ 1-1162.21. (8) "Commodity" means commodity as defined in section 1a ofthe Commodity Exchange Act, approved September 21, 1922 (42 Stat. 998; 7 U.S.C. § 1a). (9) "Compensation" means any money or an exchange ofvalue received, regardless of its form, by a person acting as a lobbyist. (10){A) "Contribution" means (i) A gift, subscription (including any assessment, fee, or membership dues), loan (except a loan made in the regular course of business by a business engaged in the business of making loans), advance, or deposit of money or anything ofvalue, made for the purpose offinancing, directly or indirectly,:

(I) The election campaign ofa candidate; (II) Any operations ofa political, exploratory, inaugural, transition, or legal defense committee; or (III) The campaign to obtain signatures on any initiative, referendum, or recall measure, orto bring about the ratification ordefeat ofany initiative, referendum, or recall measure, or any operations ofa political committee involved in such a campaign; (ii) A contract, promise, oragreement, whether or not legally enforceable, to make a contribution for any such purpose; (iii) A transfer offunds between political committees or between an exploratory committee and a political committee; or (iv) The payment, by any person otherthan a candidate or a political, exploratory, inaugural, transition, or legal defense committee, of compensation for the personal services ofanother person that are rendered to such candidate or committee without charge, orfor less than reasonable value, for any such purpose orthe furnishing of goods, advertising, or services to a candidate's campaign



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### DistrictofColumbiaOfficialCode

without charge, orat a rate which is less than the rate normall charged for such services. (B) Notwithstanding subparagraph (A) ofthis paragraph, the ter "contribution"shall not be construed to include: 

### Page 3 of8

(i) Services provided without compe sation by a person (includi g an**~ccountant** 

### or an attorney) volunteering a portion or all ofthe p rson's time on behalf ofa andidate or a political, exploratory, inaugural, transition, or legal defens committee; (ii) Personal services provided witho t compensation by a pers n volunteering a portion orall ofthe person's time to a candidate or a po itical, exploratory, inaugur I, or legal defense committee; (iii) Communications by an organiza ion, otherthan a political rty, solely to its members and their families on any subject; (iv) Communications (including adv rtisements) to any person n any subject by any organization that is organized solely as an issue- riented organization, whic communications neither endorse nor oppose any candidate for office; (v) Normal billing credit for a period not exceeding 30 days; (vi) Services ofan informational or oiling nature, and related t ereto, designed to seek the opinion (s) ofvoters concerning the possible candidacy ofa qualified el ctor for public office, before such qualified elector's becoming a candi ate; (vii) The use of real or personal pro erty, and the costs of invit tions, food, and beverages voluntarily provided by a person to candidate in rendering vol ntary personal services on the person's residential premises for rei ted activities; provided, th t expenses do not exceed $500 with respect to the candidate's election; nd (viii) The sale ofany food or bevera e by a vendor for use in a**andida~e's** 

### campaign at a charge less than the normal comparable ch rge, ifthe charge for use i a candidate's campaign is at least equal to the cost ofsuch food or be rage to the vendor; provi ed, that expenses do not exceed $500 with respect to the candidate's election. (11) "Direct and predictable effect" mea s there is:

(A) A close causal link between any d ision or action to be taken in the matter and any expected effect ofthe matter on the financial in erest; (B) A real, as opposed to a speculativ possibility, that the matte will affect the financial interest; and (C) The effect is more than de minimi 

### (12) "Director ofCampaign Finance" me ns the Director ofCampai n Finance ofthe Elections Board created by§ 1-1163.02. (13) "Director ofGovernment Ethics" m ans the Director ofGovern ent Ethics created by§ 1-1162.06. (14) "Domestic partner"shall have the s me meaning as provided i § 32-701(3). (15) "Election" means a primary, genera, or special election held in the District ofColumbia for the purpose of nominating an individual to b a candidate for election t office, or for the purpose of electing a candidate to office, or for the urpose ofdeciding an initi tive, referendum, or recall measure, and includes a convention or caucus ofa political party held for the urpose of nominating such a candidate. (16) "Election Code" means subchapter ofChapter 10 ofthis title. (17) "Elections Board" means the Distri ofColumbia Board of Elec ions established underthe Election Code, and redesignated by§ 1-1163.05.

I I 

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(18) "Employee" means, unless otherwise apparent from the context, a person who performs a function ofthe District government and who receives compensation for the performance ofsuch services, or a memberofa District government board or commission, whether or not for compensation. (19) "Ethics Board" means the District ofColumbia Board of Ethics and Government Accountability established by§ 1-1162.02. (20) "Executive agency" means:

(A) A department, agency, oroffice in the executive branch ofthe District government under the direct administrative control ofthe Mayor; (B) The State Board of Education orany of its constituent elements; (C) The University ofthe District of Columbia or any of its constituent elements; (D) The Elections Board; and (E) Any District professional licensing and examining board underthe administrative control ofthe executive branch. (21)(A) "Expenditure" means: (i) A purchase, payment, distribution, loan, advance, deposit, or gift of money or anything ofvalue, made for the purpose offinancing, directly or indirectly,:

{I) The election campaign ofa candidate; (II) Any operations ofa political, exploratory, inaugural, transition, or legal defense committee; or (III) The election campaign to obtain signatures on any initiative, referendum, or recall petition, orto bring about the ratification or defeat ofany initiative, referendum, or recall measure, or any operations ofa political committee involved in such a campaign; (ii) A contract, promise, or agreement, whether or not legally enforceable, to make an expenditure; (iii) A transfer offunds between political committees or between an exploratory committee and a political committee; and (B) Notwithstanding subparagraph (A) ofthis paragraph, the term "expenditure"shall not be construed to include the incidental expenses (as defined by the Elections Board or Ethics Board) made by or on behalfofa person in the course ofvolunteering that person's time on behalfofa candidate or a political, exploratory, inaugural, transition, or legal defense committee orthe use of real or personal property and the cost of invitations, food, or beverages voluntarily provided by a person to a candidate in rendering voluntary personal services on the person's residential premises for candidaterelated activity ifthe aggregate value ofsuch activities by such person on behalf ofany candidate does not exceed 

### $ 500 with respect to any election. (22) "Exploratory committee" means any person, or group of persons, organized for the purpose of examining or exploring the feasibility of becoming a candidate for an elective office in the District. (23) "Gift" means a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything ofvalue, unless consideration of equal or greatervalue is received. The term "gift" shall not include:

(A) A political contribution otherwise reported as required by law; (B) A commercially reasonable loan made in the ordinary course of business; or (C) A gift received from a memberofthe person's immediate family. (24) "Home Rule Act" means Chapter 2 ofthis title.



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(25) "Household" means a public official or employee and any mem er of his or her immediate family with whom the public official or employe resides. (26) "Immediate family" means the spo se or domestic partner of public official or employee and any parent, grandparent, brother, sister, or hild ofthe public official or employee, and the spouse or domestic partner ofany such parent, gr ndparent, brother, sister, r child. (27) "Inaugural committee" means a pe on, or group of persons,**rganiz~d** for the purpose of soliciting, accepting, and spending funds and coordinating activities to celebrate the election ofa new Mayor. (28) "Income" means gross income as

# d~fined in section 61 ofthe I ternal, Revenue Code (26 U.S.C. § 61). :
I (29) "Internal Revenue Code" means th Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 3; 26 U.S.C. § 1

### etseq.), an the Internal Revenue Cod of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 1

### et eq.}, as amended from ti e to time. (30) "Legal defense committee" means person or group of person , orgamized for the purpose of soliciting, accepting, and expending fun s to defray the professiona fees and costs for a public official's legal defense to one or more civil, crimi al, or administrative proce dings. (31) "Legislative action" includes any ac ivity conducted by an offici 

### I in the legislative branch in the course of carrying out his or her duties a such an official, and relat ng to the introduction, passage, or defeat ofany legislation in the Council. (32)(A) "Lobbying" means communicatirlg directly with any official i the

## l~gislative or executive branch ofthe District government with the purppse of influencing any legis tive action or an administrative decision. i

(B) The term "lobbying"shall not

# inclu~e:

(i) The appearance or presentation

# 1

written testimony by a pe son on his or her own behalf, or representation by an attorney on be alfofany such person in a rulemaking (which includes a formal public hearing}, rate-making, or adj dicatory hearing before an executive agency orthe Tax Assessor;

1 (ii) Information supplied in responseIto written inquiries by an ecutive agency, the Council, or any public official; (iii) Inquiries concerning only the st us ofspecific actions by a executive agency orthe Council; (iv) Testimony given before the Cou cil or a committee ofthe C unciI, during which a public record is made ofsuch proceedings or testi ony submitted for inclusio in such a public record; (v) A communication made through he instrumentality ofa ne spaper, television, or radio of general circulation, or a publication hose primary audience is e organization's membership; and (vi) Communications by a bona fide folitical party. (33)(A) "Lobbyist" means any person

## w~o engages in lobbying.

I (B) Public officials communicating dire tly or soliciting others to c mmunicate with other public officials shall not be deemed lobbyists orthe purposes ofthis chapter; provided, that a public official does not receive compensation in addi ion to his or her salary for uch communication or solicitation and makes such communication and s licitation in his or heroffici 

### I capacity. (34) "Merit Personnel Act" means Chapt r 6 ofthis title. (35) "Office" means the office of Mayor, ttorney General, Chairma ofthe Council, memberofthe Council, member ofthe State Board of E ucation, oran official ofa olitical party.

i 

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(36) "Official in the executive branch" means:

(A) The Mayor; (B) Any officer or employee in the Executive Service; (C) Persons employed underthe authority of§§ 1-609.01 through 1-609.03 (except§ 1-609.03(a) (3)) paid at a rate of DS-13 or above in the General Schedule or equivalent compensation underthe provisions ofsubchapter XI ofChapter 6 ofthis title designated in § 1-609.08 (except paragraphs (9) and (10) ofthat section; or (D) Members of boards and commissions designated in § 1-523.01(e). (37) "Official in the legislative branch" means any candidate for Chairman or member ofthe Council in a primary, special, or general election, the Chairman or Chairman-elect or any member or member-elect ofthe Council, officers, and employees ofthe Council appointed underthe authority of§§ 1-609.01 through 1-609.03 or designated in § 1-609.08. (38) "Official ofa political party" means:

(A) National committeemen and national committeewomen; (B) Delegates to conventions of political parties nominating candidates for the Presidency and Vice Presidency ofthe United States; (C) Alternates to the officials referred to in subparagraphs (A) and (B) ofthis paragraph, where permitted by political party rules; and (D) Such members and officials of local committees of political parties as may be designated by the duly authorized local committees ofsuch parties for election, by public ballot, at large or by ward in the District. (39) "Open Government Office" means the District of Columbia Open Government Office established by § 2-592. (40) "Open Meetings Act" means subchapter IV of Chapter 5 ofTitle 2. (41) "Particular matter" is limited to meaning a deliberation, decision, or action that is focused upon the interests ofspecific persons, or a discrete and identifiable class of persons. (42) "Person" means an individual, partnership, committee, corporation, labor organization, and any other organization. (43) "Person closely affiliated with the employee" means a spouse, dependent child, general partner, a member ofthe employee's household, or an affiliated organization. (44) "Political committee" means any proposer, individual, committee (including a principal campaign committee), club, association, organization, orother group of individuals organized for the purpose of, or engaged in promoting or opposing:

(A) A political party; (B) The nomination or election ofa person to office; or (C) Any initiative, referendum, or recall. (45) "Political party" means an association, committee, or organization that nominates a candidate for election to any office and qualifies under subchapter I of Chapter 10 ofthis title to have the names of its nominees appear on the election ballot as the candidate ofthat association, committee, or organization. (46) "Prohibited source" means any person that:



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(A) Has or is seeking to obtain contrac ual or other business orfi ancial relations with the District government; (B) Conducts operations or activities t at are subject to regulatio by the District government; or (C) Has an interest that may be favor bly affected by the perfor ance or non-performance ofthe employee's official responsibilities. (47) "Public official" means:

(A) A candidate for nomination for eletion, or election, to public ffice; (B) The Mayor, Chairman, and each m mber ofthe Council ofthe District of Columbia holding office under Chapter 2 ofthis title; (C) The Attorney General; I (D) A Representative or Senator elect,d pursuant to§ 1-123; (E) An Advisory Neighborhood Commi sioner; (F) A memberofthe State Board of Education; (G) A person serving as a subordinate gency head in a position esignated as within the Executive Service; (H) A member ofa board or commissi n listed in § 1-523.01(e); (I) A District of Columbia Excepted Se ice employee paid at a ra e of Excepted Service 9 or above, or its equivalent, who makes decisions or participates substantially i areas,of contracting, procurement, administration ofgrants or subsidies, eveloping policies, land us planning, inspecting, licensing, regulating, or auditing, or acts in area of responsibility that may reate a conflict of interest or appearance ofa conflict of interest; an any additional employee designated by rule by the Ethics Board who make decisions or participa e substantially in areas of**ontrac~ing,** procurement, administration of grants or subsidies, eveloping policies, land us planni!ng, inspecting, licensing, regulating, or auditing, or act in areas f responsibility that may c eate a conflict of interest or appearance ofa conflict of interest. (48) "Registrant" means a person who iJ required to register as a I bbyist under the provisions of§ 1- 1162.27. I (49) "Security" means a security as defi ed in section 2(1) ofthe S curities Act of 1933, approved May 27, 1933 (48 Stat. 74; 15 U.S.C. § 77b( )). (50) "Tax" means the taxes imposed un er Chapter 1 ofthe Intern 

### I Revenue Code, underChapter 18 ofTitle 47, and underthe District ofCol mbia Public Works Act of 1 54, approved May 18, 1954 (68 Stat. 101; D.C. Official Code§ 34-2101 

### assim); and any other pro ision of law relating to the taxation of property within the District. (51) "Transactions in securities or comm dities" means any acquisi ·on, holding, withholding, use, transfer, or other disposition involving a y security or commodity. (52) "Transition committee" means any erson, or group of person , organ,ized forthe purpose of soliciting, accepting, or expending funds for office and personnel tr nsition on behalf ofthe Chairman of the Council orthe Mayor. CREDIT(S) (Apr. 27, 2012, D.C. Law 19-124, § 101,

# f DCR 1862.) HISTORICAL AND STATUTORY NOTES 1 ! 

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Legislative History of Laws
Law 19-124, the "Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-511, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 6, 2011, and December 20, 2011, respectively. Signed by the Mayor on February 27, 2012, it was assigned Act No. 19-318 and transmitted to both Houses of Congress for its review. D.C. Law 19-124 became effective on April 27, 2012. References in Text The District ofColumbia Public Works Act of 1954, referenced in paragraph (50) ofthis section, is primarily codified at§ 9-101.16, subchapter I of Chapter 21 ofTitle 34, Chapter 23 ofTitle 34, §§ 34- 2401.04, 34-2401.25, and 34-2405.02, subchapter IV ofChapter 24 ofTitle 34, and §50-1501.02 and 50- 1501.03. DC CODE§ 

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### D.C. Code§ 1-1162.23 

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DIVISION I. 

### GOVERNMENT OF DIS RICT TITLE 1. G VERNMENT ORGANIZA ION CHAPTER 11A. GOVE NMENT ETHICS AND A COUNTABILITY SUBC APTER II. ETHICS ACT PART C CONFLICTS OF INTER ST D.C. ode§ 1-1162.23 (2013 § 1-1162.23. Conflicts of interest
(a) No employee shall use his or h r official position or titl , or personally and substantially participate, through de ision, approval, disappr val, recommendation, the rendering ofadvice, investigation, o otherwise, in a judicial r other proceeding, application, request for a ruling oro her determination, cont ct, cli!!im, controversy, charge, accusation, arrest, or other articular matter, or atte pt to influence the outcome ofa particular matter, in a mannert at the employee knows is likely to have a direct and predictable effect on the employee's financial interests or the financial interests ofa person closely affiliated with the employee. (b) An employee other than an ele ted official may seek a aiveq and the prohibition in subsection (a) ofthis section shall n t apply, ifthe employee (1) Advises the employee's

## sup~rvisor and the Ethics Bo rd ofthe nature and circumstances ofthe particular**matt~r;** I 

### (2) Makes full disclosure ofthe

## f~nancial interest; and (3) Receives in advance a writte determination made b both the supervisor and the Ethics Board that: (A) The interest is not so subs antial as to be deemed ikely to affect the integrity of the services that the government m y expect from the empl (B) Another legally cognizable basis for waiver exists. (c) (1) Any elected official who, in the discharge ofthe ele ted official's official duties, would be required to act in any mat r prohibited under sub ction {a) ofthis section shall make full disclosure ofthe financial interest, prepare a writte statement describing the matter and the nature ofthe potenti 

### I conflict of interest, an deliverthe statement to:

Board.(A) In the case ofa member f the Council, the Counc 

### I Chairman; or

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### (B) In the case ofan elected ,fficial other than a mem

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### er ofthe Council, the Ethics

### (2) Any employee other than an elected official who, in the discharge ofthe employee's official duties, would be required to act in any matter prohibited under subsection (a) ofthis section shall: (A) Make full disclosure ofthe financial interest: (B) Prepare a written statement describing the matter and the nature ofthe potential conflict of interest; and 

### (C) Deliver the statement to the employee's supervisor and to the Ethics Board. (3) During a proceeding in which an elected official would be required to take action in any matter that is prohibited under subsection (a) ofthis section, the Chairman shall: (A) Read the statement provided in paragraph (1) ofthis subsection into the record of proceedings; and (B) Excuse the elected official from votes, deliberations, and other actions on the matter. (4) No Councilmember excused from votes, deliberations, or other actions on a matter shall in any way participate in or attempt to influence the outcome ofthe particular matter, in a mannerthat is likely to have a direct and predictable effect on the employee's financial interests or the financial interests ofa person closely affiliated with the employee. (5) Upon receipt ofthe statement provided in paragraph (2) ofthis subsection, the employee's supervisor shall assign the matterto another employee who does not have a potential conflict of interest. (d) (1) An employee shall not receive any compensation, salary, or contribution to salary, gratuity, or any other thing ofvalue from a source other than the District government for the employee's performance of official duties. (2) No employee or member ofthe employee's household may knowingly acquire: (A) Stocks, bonds, commodities, real estate, or other property, whether held individually orjointly, the acquisition ofwhich could unduly influence or give the appearance of unduly influencing the employee in the conduct of his or her official duties and responsibilities; or (B) An interest in a business or commercial enterprise that is related directly to the employee's official duties, or which might otherwise be involved in an official action taken or recommended by the employee, or which is related to matters over which the employee could wield any influence, official or otherwise.


### HISTORY: Apr. 27, 2012, D.C. Law 19-124, § 

### 223, 59 OCR 1862.

## .c. Code§ 1-1162.24 DISTRICT OF COLUMBIA OFFICIAL C Copyright 013 by the District ofColu bia ***Current through Ap il 1, 2013, and through D

.. Act 19-658 *** DIVISION

. GOVERNMENT OF DIST ICT TITLE 

### 1. OVERNMENT ORGANIZATI N CHAPTER 11A. GOV RNMENT ETHICS AND AC UNTABILITY SUB HAPTER II. ETHICS ACT PART D . FINAN IAL DISCLOSURES AND H D.C. fade§ 1-1162.24 (2013) § 1-1162.24. Public reporting I

(a) (1) Public officials, except Advisory Neighborhood Commissio ers, shall file annually with the Ethics Board a public report containing a full and complete stateme t of: (A) The name of each business enlity, including sole propriet rships,' partnerships, trusts, nonprofit organizations, and corporation , whether or nottransactin any business with the District of Columbia government, in orfrom which he public official or his or er spouse, domestic partner, or dependent children: I

I (i) Has a beneficial interest, incl ding, whether held in such person's own name, in trust, or in the name ofa nominee, securities, stoc , stock options, bonds, or rusts, exceeding in the aggregate $ 1,000, orthat produced income of$ 2 0; (ii) Receives honoraria and inca e earned for services ren red in excess of$ 200 during a calendar year, as well as the identity of ny client for whom the offi ial performed a service in connection with the official's outside inc me ifthe client has a contr ct with the government ofthe District ofColumbia or the client stands o gain a direct financial be efit from legislation that was pending before the Council during the ca endar year. The report req ired by this part shall include a narrative description ofthe nature ofth service performed in conn ction with the official's outside income; (iii) Serves as an officer, director, partner, employee, cons ltant, contractor, volunteer, or in any otherformal capacity or affiliation;

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I (iv) Has an agreement or arran ement for a leave ofabsen e, future employment, including date ofagreement, or continuation of pa ment by a former employ r; (B) Any outstanding individual lia ility in excess of$ 1,000 fo borrowing by the public official or his or her spouse, domestic partner, or ependent children from an one otherthan a federal or state insured or regulated financial institution, including any revolving cr dit and installment accounts from any business enterprise regularly engag d in the business of provid ng revQiving credit or installment accounts, or a member ofthe person's i mediate family; (C) All real property located in the District (and its actual lac ion) in which the public official or his or herspouse, domestic partner, or ependent children, has an nterest with a fair marketvalue in excess of$ 1,000, orthat produced inca e of$ 200; provided, tha this provision shall not apply to personal residences occupied by the pub ic official, his or her spous , or domestic partner; (D) All professional or occupation 

### I licenses issued by the Dis rict ofColumbia government held by a public official or his or her spouse, omestic partner, or depen ent children; (E) All gifts received year by a pu lie official from a prohibite source in an aggregate value of $100 in a calendar; (F) An affidavit stating that the public official has not caused title to property to be placed in another person or entity for the purposes ofavoiding the disclosure requirements ofthis subsection; and (G) A certification that the public official has: (i) Filed and paid his or her income and property taxes; (ii) Diligently safeguarded the assets ofthe taxpayers and the District; (iii) Reported known illegal activity, including attempted bribes, to the appropriate authorities; (iv) Not been offered or accepted any bribes; (v) Not directly or indirectly received government funds through illegal or improper means; (vi) Not raised or received funds in violation offederal or District law; and (vii) Not received or been given anything ofvalue, including a gift, favor, service, loan gratuity, discount, hospitality, political contribution, or promise offuture employment, based on any understanding that the public official's official actions orjudgment orvote would be influenced. (2) The Ethics Board may, on a case-by-case basis, exempt a public official from this requirement or some portion ofthis requirement for good cause shown. (b) Except as otherwise provided by this section, all papers filed underthis section shall be kept by the Ethics Board in the custody ofthe Director ofGovernment Ethics for no less than 6 years. The Ethics Board shall publicly disclose before the 2nd day ofJune each yearthe names ofthe candidates, officers, and employees who have filed a report. The Director ofGovernment Ethics shall dispose of papers filed pursuant to this section in accordance with Chapter 17 ofTitle 2.

(c) Reports required by this section shall be filed before May 15th of each year. Ifa public official ceases before May 15th to hold the office or position, the occupancy ofwhich imposes upon him or her the reporting requirements set forth in subsection (a) ofthis section, the public official shall file the report within 3 months after leaving the office or position. The Ethics Board shall publish, in the District ofColumbia Register, before June 15th each year, the name of each public official who has: (1) Filed a report underthis section; (2) Sought and received an extension ofthe deadline filing requirement and the reason for the extension; and (3) Not filed a report and the reason for not filing, if known. (d) Reports required by this section shall be in a form prescribed by the Ethics Board. The Ethics Board may provide for the grouping of items of income, sources of income, assets, liabilities, dealings in securities or commodities, and purchases and sales of real property, when separate itemization is not feasible or is not necessary for an accurate disclosure ofthe income, net worth, dealing in securities and commodities, or purchases and sales of rental property of any individual.

(e) All reports filed underthis section shall be maintained by the Ethics Board as public records. (f) For the purposes ofa report required by this section, a person shall be considered to have been a public official if he or she has served as a public official for more than 30 days during any calendar year in a position for which reports are required underthis section. (g) The Ethics Board shall provide for the annual auditing of all reports filed pursuant to this section.(h) The Mayor shall develop a list ofe ch business entity transac ·ng any business with the District government, or providing a service to th District for consideration, to incl4de the business name, address, principals, and brief summary the business transacted ithin the immediately preceding 6 months. The list shall be available online and published on January stand July 1st annually.
HISTORY: Apr. 27, 2012, D.C. Law 19- 24, § 224, 59 OCR 1862; ept. 20, 2012, D.C. Law 19-168, § 1072(a), 59 OCR 8025.

### .C. Code§ 1-1162.25 DISTRICT OF COLUMBIA OFFICIAL C Copyright 013 by the District ofColu bia 

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DIVISION

. GOVERNMENT OF DIST ICT TITLE 

### 1. OVERNMENT ORGANIZAT N CHAPTER 11A. GOV RNMENT ETHICS AND AC OUNTABILITY SUB HAPTER II. ETHICS ACT PART D . FINAN IAL DISCLOSURES AND H D.C. Code§ 1-1162.25 (2013) § 1-1162.25. Confidential disclosure offnancial interest

(a) Any employee, otherthan a public official, who advises, make decisions or participates substantially in areas of contracting, pro urement, administration o grants or subsidies, developing policies, land use planning, inspecting, li ensing, policy-making, reg lating, or auditing, or acts in areas of responsibility that may create a conflict of interest or appe ranee Ofa conflict of interest, as determined by the appropriate agency h ad, shall file, before May 15th oftj!ach year, with that agency head a report containing a full and compete statement ofthe infor ation riequired by§ 1-1162.24. Advisory Neighborhood Commissioners hall file the report required by this: section. (b) Upon review ofthe confidential re ort, any violation ofthe Co e ofConduct found by the agency head shall be forwarded immediately to he Ethics Board for review

I (c) On or before April 15th of each**ye~r,** each agency head shall esignate the persons in the agency required to submit a confidential report by name, position, nd grade level, and shall supply this list to the Ethics Board and the D.C. Ethics Counselor on or bef re May 1st of each year. I HISTORY: Apr. 27, 2012, D.C. Law**19-~24,** § 225, 59 DCR 1862; ept. 20, 2012, D.C. Law 19-168, § 1072(b), 59 DCR 8025.