GOVERNMENT OF THE DISTRICT OF OLUMBIA 

District Department of the Environ ent 

Office of the Director 

Shawn M. Garvin 

Regional Administrator 

U.S. Environmental Protection Agency 

Region III (Mail Code: 3RAOO) 

1650 Arch Street 

Philadelphia, PA 19103-2029 

*** 

Subject: Revision of Conflict of Interest Provisions in the Dist ict's State Implementation Plan 

\ (SIP) 

;~~"'"' Dear}'*· Garvin: 

Pursuant to the authority set forth in the District of Columbia Ai Pollution Control Act of 1984 

("the Act"), Mayor's Order 98-44, dated April10, 1998, and M yor's Order 2006-61, dated June 

14, 2006, the District of Columbia (District) is hereby requestin approval of a revision to its 

State Implementation Plan (SIP) submitted in accordance with t e requirements of 40 C.F .R. Part 

51. The SIP revision replaces existing conflict of interest provi ions identified as, "Revision for 

conflict of interest procedures [Clean Air Act Section 128 SIP],' at 40 C.F .R. Chapter 1, Subpart 

J, Section 52.470(e) with D.C. Official Code§§ 1-1161.01, 1-1162.23, 1-1162.24, and 1-1162.25 

(2012 Supp.). 

The District is requesting this SIP revision to meet the requirem nts of§§ 128 and 

110(a)(2)(E)(ii) of the Clean Air Act (CAA) for all national am ient air quality standards 

(NAAQS). In particular, the SIP revision ensures that any pote tial conflicts of interest of the 

decision makers who approve permits or enforce orders issued der the CAA are adequately 

disclosed (a requirement met by§§ 1-1161.01, 1-1162.23, 1-11 2.24, and 1-1162.25 of the D.C. 

Code). 

The District has no "board or body" which approves permits or nforcement orders under the 

CAA, therefore the requirement of§ li28(a)(l) of the CAA does not apply. Alternatively, this 

submission demonstrates that employees and elected officials o the District government are 

required to conduct business appropri~tely, as suggested by CA § 128(a)(l). Pursuant to§ 

128(a) of the CAA, a State may adopt requirements more string nt than the requirements of§ 

128 for inclusion into a SIP. 

In addition, the District is requesting this SIP revision to demon trate that§ 110(a)(2)(E)(ii) ofthe 

CAA is satisfied for all applicable NAAQl by meeting the requireme ts of§ 128 of the CAA. 

OF 

DISTRICT 

DEPARTMENT 

THE 

------------~------ ~ ... ~ ENVIRONMENT 

green forward ~ H 

1200 First St. NE, 5th Floor, Washington, DC 20002 1 1: 202.535.2600 I web:ddoe.dc.gov 
A Notice ofPublic Hearing and Public Comment Period was posted in the D.C. Register on June 

7, 2013 (60 DCR 25: 008485, Notice ID 4395378). 

A hard copy of the SIP submittal is enclosed with supporting documentation: 

• Copy ofthe D.C. Official Code, Sections 1-1161.01, 1-1162.23, 1-1162.24, and 1-

1162.25 (2012 Supp.); 

• Public hearing notice; 

• Hearing officer's certification; 

• One disk containing an electronic version of the SIP revision. The electronic version 

includes an exact duplicate of the paper copy of the SIP revision submittal. 

Specifically, I request that the following be approved as a SIP revision: 

• Repeal Sections 1-1461, 1-1462, and 1-1471 ofthe D.C. Code, 1981 Edition. 

• Repeal D.C. Law 4-23. 

• Repeal Sections 3(1) through (n) of D.C. Law 4-88. 

• Repeal Organization Order No. 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 or require additional information, please contact me at (202) 535-

2615, or Ms. Cecily Beall, Associate Director for the Air Quality Division, at (202) 535-2626. 

Sincerely, 

Enclosure 

cc: Diana Esher, Director, Air Protection Division, EPA Region 3 

Cecily Beall, Associate Director, Air Quality Division, DDOE 
GOVERNMENT OF THE DISTRICT OF 

District Department of the Environ ent 

*** 

Air Quality Division 

MEMORANDUM 

TO: 

FROM: 

DATE: 

SUBJECT: 

Keith A. Anderson ~/(....--- 1

/ 

Director, District Department of the Environmen ~ 07 /")/t:J 

Abraham Hagos ,/Jrtf 7/;o/ 13 

Environmental Engineer, Permitting Branch, Air uality Division, DDOE 

July 8, 2013 

Hearing Officer's Certification for Public Hea ings on Two Separate SIP 

Revisions: (1) the District's Revised Conflict o Interest SIP and (2) the Lead 

Infrastructure SIP 

This is to certify that two public hearings were held on July 8, 2 13, to give the public the 

opportunity to comment on proposed revisions to the District's tate Implementation Plan (SIP). 

The first was held at approximately 5:00 p.m. to revise the confl ct of interest provisions 

included in the SIP to meet the requirements of Section 128 oft e Clean Air Act. The second 

was held at approximately 5:30p.m. to revise the Lead (Pb) Infr structure SIP provisions. 

Notice of both public hearings was posted in the D.C. Register June 7, 2013 (60 DCR 25: 

008486, Notice ID 4395281 ; 60 DCR 25: 008485, Notice ID 43 5378), as attached. 

Abraham Hagos of the District Department of the Environment, ir Quality Division, 

represented the District. No one attended either public hearing. 

DISTRICT 

DEPARTMENT 

OF THE 

ENVIRONMENT 

green forward .. ~ H 

1200 First St. NE, 5th Floor, Washington, DC 200021 t 1: 202.535.2600 I web:ddoe.dc.gov 
NOTICE OF PUBLIC H ARING AND PUBLIC OMMENT PERIOD 

ON IR QUALITY ISSUES 

i 

I 

Notice is hereby given that a pubr hearing will 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 of int 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 ],"which was 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) of D.C. Law 4-88; and 

Organization Order No. 112 in th 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 

in this 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) 

of the federal Clean Air Act (CA ) for all criteria pollutants. 

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, if any, to Mr. illiam,Bolden at the 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. Tangirala by phone at 2 -535-2989 or email at ra a.tan irala de. ov, or Ms. 

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 of Columbia MAYOR DC GUIDE BUSINESS VISITORS 

D.C. Municipal Regulation and D.C. Regi 

SecretCiry of the District of Columbiil 1 Office of nn•·11rrumr~ 

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Notice ID: 4395281 

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Issues - State Implementation Plan 

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Email: DCdocuments@dc.gov 

7/10/2013 
JULY 8, 2013 

GOVERNMENT OF THE DISTRICT OF COLUMBIA 

Department of the Environment 

Environmental Protection Administration 

Air Quality Division 

PUBLIC HEARING ON A REVISION OF THE DISTRICT's CONFLICT OF INTEREST PROVISIONS 

IN THE STATE IMPLEMENTATION PLAN 

Please sign below: 

NAME AFFILIATION (if any) ADDRESS 

1. 

2. 

3. 

5. 
District of Columbia Official Code Page 1 of8 

~red by West law. il Home Home Search Help © 

elco e to the online s urce for the 

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 of Columbia 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 of this 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, or to propose legi lation or make nominations to the 

Council, the President, or Congress. I 

I 

(2) "Administrative Procedure Act" mea~s Chapter 5 of Title 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 of the employee's house old is a director, officer, owner, 

employee, or holder of stock worth 1,000 or more at fair mar t value; or 

(iii) That is a client of the employee rr a member of the 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 ther for profit or not. 

(5) "Business with which he or she is as ociated" means any busin ss of which the person or member of 

his or her household is a director, office , owner, employee, or hold r of stock worth $1,000 or more at 

fair market value, and any business tha is a client of that person. 

(6) "Candidate" means an individual wh seeks nomination for elec ion, or election, to office, whether or 

not the individual is nominated or electe . For the purposes of this aragraph, an individual shall be 

deemed to seek nomination for election, or election, if the individu 1: I 

(A) Obtained or authorized any other ~erson to obtain nominatin petitions to qualify himself or 

i 

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herself for 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 if the 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 whether to 

seek nomination or election to public office, and is not a candidate. An individual deemed to be a 

candidate for the purposes of this chapter shall not be deemed, solely by reason of that status, to be 

a candidate for the purposes of any other law. 

(7) "Code of Conduct" means those provisions contained in the following: 

(A) The Code of Official Conduct of the Council of the District of Columbia, as adopted by the Council; 

(B) Sections 1-618.01 through 1-618.02; 

(C) Chapter 7 of Title 2; 

(D) Section 2-354.16; 

(E) Chapter 18 of Title 6B of the District of Columbia Municipal Regulations; 

(F) Parts C, D, and E of subchapter II, and part F of subchapter III of this chapter for the purpose of 

enforcement by the Elections Board of violations of§ 1-1163.38 that are subject to the penalty 

provisions of§ 1-1162.21. 

(8) "Commodity" means commodity as defined in section 1a of the Commodity Exchange Act, approved 

September 21, 1922 (42 Stat. 998; 7 U.S.C. § 1a). 

(9) "Compensation" means any money or an exchange of value 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 of value, made for the purpose of financing, directly or 

indirectly,: 

(I) The election campaign of a candidate; 

(II) Any operations of a political, exploratory, inaugural, transition, or legal defense committee; or 

(III) The campaign to obtain signatures on any initiative, referendum, or recall measure, or to 

bring about the ratification or defeat of any initiative, referendum, or recall measure, or any 

operations of a political committee involved in such a campaign; 

(ii) A contract, promise, or agreement, whether or not legally enforceable, to make a contribution 

for any such purpose; 

(iii) A transfer of funds between political committees or between an exploratory committee and a 

political committee; or 

(iv) The payment, by any person other than a candidate or a political, exploratory, inaugural, 

transition, or legal defense committee, of compensation for the personal services of another person 

that are rendered to such candidate or committee without charge, or for less than reasonable value, 

for any such purpose or the furnishing of goods, advertising, or services to a candidate's campaign 

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District of Columbia Official Code 

without charge, or at a rate which is less than the rate normall charged for such services. 

(B) Notwithstanding subparagraph (A) of this 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 of the p rson's time on behalf of a 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 or all of the 

person's time to a candidate or a po itical, exploratory, inaugur I, or legal defense committee; 

(iii) Communications by an organiza ion, other than 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 of an informational or oiling nature, and related t ereto, designed to seek the opinion 

(s) of voters concerning the possible candidacy of a 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 of any 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, if the charge for use i a candidate's campaign is at least 

equal to the cost of such 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 of the 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 of Campaign Finance" me ns the Director of Campai n Finance of the Elections Board 

created by§ 1-1163.02. 

(13) "Director of Government Ethics" m ans the Director of Govern 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 of Columbia 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 of deciding an initi tive, referendum, or recall measure, 

and includes a convention or caucus of a political party held for the urpose of nominating such a 

candidate. 

(16) "Election Code" means subchapter of Chapter 10 of this title. 

(17) "Elections Board" means the Distri of Columbia Board of Elec ions established under the Election 

Code, and redesignated by§ 1-1163.05. 

I 

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(18) "Employee" means, unless otherwise apparent from the context, a person who performs a function 

of the District government and who receives compensation for the performance of such services, or a 

member of a District government board or commission, whether or not for compensation. 

(19) "Ethics Board" means the District of Columbia Board of Ethics and Government Accountability 

established by§ 1-1162.02. 

(20) "Executive agency" means: 

(A) A department, agency, or office in the executive branch of the District government under the 

direct administrative control of the Mayor; 

(B) The State Board of Education or any of its constituent elements; 

(C) The University of the District of Columbia or any of its constituent elements; 

(D) The Elections Board; and 

(E) Any District professional licensing and examining board under the administrative control of the 

executive branch. 

(21)(A) "Expenditure" means: 

(i) A purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, 

made for the purpose of financing, directly or indirectly,: 

{I) The election campaign of a candidate; 

(II) Any operations of a political, exploratory, inaugural, transition, or legal defense committee; or 

(III) The election campaign to obtain signatures on any initiative, referendum, or recall petition, 

or to bring about the ratification or defeat of any initiative, referendum, or recall measure, or any 

operations of a 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 of funds between political committees or between an exploratory committee and a 

political committee; and 

(B) Notwithstanding subparagraph (A) of this 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 behalf of a person in the course of volunteering that person's time on behalf of a candidate 

or a political, exploratory, inaugural, transition, or legal defense committee or the 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 if the aggregate value of such activities by such person on behalf of any 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 of value, unless consideration of equal or greater value 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 member of the person's immediate family. 

(24) "Home Rule Act" means Chapter 2 of this 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 of the public official or employee, and the spouse or 

domestic partner of any 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 of a new 

Mayor. 

(28) "Income" means gross income as d~fined in section 61 of the 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 et seq.), 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 of any legislation in the Council. 

(32)(A) "Lobbying" means communicatirlg directly with any official i the l~gislative or executive branch 

of the 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 alf of any such person in a rulemaking (which includes a formal 

public hearing}, rate-making, or adj dicatory hearing before an executive agency or the Tax 

Assessor; 1 

(ii) Information supplied in response Ito written inquiries by an ecutive agency, the Council, or any 

public official; 

(iii) Inquiries concerning only the st us of specific actions by a executive agency or the Council; 

(iv) Testimony given before the Cou cil or a committee of the C unci I, during which a public record 

is made of such proceedings or testi ony submitted for inclusio in such a public record; 

(v) A communication made through he instrumentality of a 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 or the purposes of this 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 her offici I capacity. 

(34) "Merit Personnel Act" means Chapt r 6 of this title. 

(35) "Office" means the office of Mayor, ttorney General, Chairma of the Council, member of the 

Council, member of the State Board of E ucation, or an official of a 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 under the 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 under the 

provisions of subchapter XI of Chapter 6 of this title designated in § 1-609.08 (except paragraphs (9) 

and (10) of that 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 of the Council in a 

primary, special, or general election, the Chairman or Chairman-elect or any member or member-elect 

of the Council, officers, and employees of the Council appointed under the authority of§§ 1-609.01 

through 1-609.03 or designated in § 1-609.08. 

(38) "Official of a political party" means: 

(A) National committeemen and national committeewomen; 

(B) Delegates to conventions of political parties nominating candidates for the Presidency and Vice 

Presidency of the United States; 

(C) Alternates to the officials referred to in subparagraphs (A) and (B) of this 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 of such 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 of Title 2. 

(41) "Particular matter" is limited to meaning a deliberation, decision, or action that is focused upon the 

interests of specific 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 of the employee's household, or an affiliated organization. 

(44) "Political committee" means any proposer, individual, committee (including a principal campaign 

committee), club, association, organization, or other group of individuals organized for the purpose of, 

or engaged in promoting or opposing: 

(A) A political party; 

(B) The nomination or election of a 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 of this title to have the names of its 

nominees appear on the election ballot as the candidate of that 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 or fi 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 of the 

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 of the Council of the District of Columbia holding office 

under Chapter 2 of this 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 member of the 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 of a 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 of grants 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 of a 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 of a 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) of the 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 of the Intern I Revenue Code, under Chapter 18 

of Title 47, and under the District of Col 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 for the purpose of 

soliciting, accepting, or expending funds for office and personnel tr nsition on behalf of the Chairman of 

the Council or the 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 of Columbia Public Works Act of 1954, referenced in paragraph (50) of this section, is 

primarily codified at§ 9-101.16, subchapter I of Chapter 21 of Title 34, Chapter 23 of Title 34, §§ 34-

2401.04, 34-2401.25, and 34-2405.02, subchapter IV of Chapter 24 of Title 34, and §50-1501.02 and 50-

1501.03. 

DC CODE§ +1+-+1161+.+01 + 

Current through December 11, 2012 

Copyright (C) 2012 By the District of Columbia. All Rights Reserved. 

END OF DOCUMENT 

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D.C. Code§ 1-1162.23 

DISTRICT F COLUMBIA OFFICIAL ODE 

Copyright 2 13 by the District of Co umbia 

*** Current through Apr I 1, 2013, and through .C. Act 19-658 *** 

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 of advice, 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 

of a particular matter, in a manner t at the employee knows is likely to have a direct and 

predictable effect on the employee's financial interests or the financial interests of a 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) of this section shall n t apply, if the employee 

(1) Advises the employee's sup~rvisor and the Ethics Bo rd of the nature and 

circumstances of the particular matt~r; 

I 

(2) Makes full disclosure of the 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 of the ele ted official's official duties, 

would be required to act in any mat r prohibited under sub ction {a) of this section shall 

make full disclosure of the financial interest, prepare a writte statement describing the 

matter and the nature of the potenti I conflict of interest, an deliver the statement to: 

Board. 

(A) In the case of a member f the Council, the Counc I Chairman; or 

I 

(B) In the case of an elected ,fficial other than a mem 

I 

I 

I 

er of the Council, the Ethics 
(2) Any employee other than an elected official who, in the discharge of the employee's 

official duties, would be required to act in any matter prohibited under subsection (a) of this 

section shall: 

(A) Make full disclosure of the financial interest: 

(B) Prepare a written statement describing the matter and the nature of the 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) of this section, the Chairman shall: 

(A) Read the statement provided in paragraph (1) of this 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 of the particular matter, 

in a manner that is likely to have a direct and predictable effect on the employee's financial 

interests or the financial interests of a person closely affiliated with the employee. 

(5) Upon receipt of the statement provided in paragraph (2) of this subsection, the 

employee's supervisor shall assign the matter to 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 of value from a source other than the District government for 

the employee's performance of official duties. 

(2) No employee or member of the employee's household may knowingly acquire: 

(A) Stocks, bonds, commodities, real estate, or other property, whether held 

individually or jointly, the acquisition of which 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 of Colu 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 not transactin any business with the District of 

Columbia government, in or from 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 of a nominee, securities, stoc , stock options, bonds, or rusts, exceeding in the aggregate 

$ 1,000, or that 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 if the client has a contr ct with the government of the 

District of Columbia 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 of the nature of th 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 other formal capacity or affiliation; r 

I 

(iv) Has an agreement or arran ement for a leave of absen e, future employment, including 

date of agreement, 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 other than 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 of the 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 her spouse, domestic partner, or ependent children, has an nterest with a fair market value in 

excess of$ 1,000, or that 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 of Columbia 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 of avoiding the disclosure requirements of this 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 of the 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 of federal or District law; and 

(vii) Not received or been given anything of value, including a gift, favor, service, loan 

gratuity, discount, hospitality, political contribution, or promise of future employment, based on any 

understanding that the public official's official actions or judgment or vote would be influenced. 

(2) The Ethics Board may, on a case-by-case basis, exempt a public official from this requirement 

or some portion of this requirement for good cause shown. 

(b) Except as otherwise provided by this section, all papers filed under this section shall be kept by 

the Ethics Board in the custody of the Director of Government Ethics for no less than 6 years. The 

Ethics Board shall publicly disclose before the 2nd day of June each year the names of the candidates, 

officers, and employees who have filed a report. The Director of Government Ethics shall dispose of 

papers filed pursuant to this section in accordance with Chapter 17 of Title 2. 

(c) Reports required by this section shall be filed before May 15th of each year. If a public official 

ceases before May 15th to hold the office or position, the occupancy of which imposes upon him or her 

the reporting requirements set forth in subsection (a) of this 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 of Columbia Register, before June 15th each year, the name of each public official who has: 

(1) Filed a report under this section; 

(2) Sought and received an extension of the 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 of the income, net worth, dealing in 

securities and commodities, or purchases and sales of rental property of any individual. 

(e) All reports filed under this section shall be maintained by the Ethics Board as public records. 

(f) For the purposes of a 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 under this 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 of e 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 of Colu bia 

*** Current through Ap il 1, 2013, and through D. . Act 19-658 *** 

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 of fnancial interest 

(a) Any employee, other than 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 Of a conflict of interest, as 

determined by the appropriate agency h ad, shall file, before May 15th of tj!ach year, with that agency 

head a report containing a full and compete statement of the infor ation riequired by§ 1-1162.24. 

Advisory Neighborhood Commissioners hall file the report required by this: section. 

(b) Upon review of the confidential re ort, any violation of the Co e of Conduct 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.