Campaign
Finance Guide
Section
11: Public Officials and Conflict of Interest
Who
is a Public Official?
(DC Official Code §§ 1-1106.01 and 1-1106.02)
A public official
is any person required to file a Financial Disclosure Statement,
unless otherwise indicated. This applies to subordinate agency
heads, individuals in the Excepted Service or Legal Service
and paid at a rate of DS-13 or above, individuals in the Management
Supervisory Service and paid at a rate of MS-13 or above, statutory
office holders, elected officials, political appointees, members
of Boards and Commissions, as well as those persons registered
as candidates with the Office of Campaign Finance. Although
members of Advisory Neighborhood Commissions are not required
to file Financial Disclosure Statements, Commission members
are subject to the Conflict of Interest statute.
Conflict
of Interest Defined
(DC Official Code §§ 1-1106.01(b)-(f))
A conflict
of interest exists when any public official in the discharge
of official duties is required to take an action or make a decision
that would affect directly or indirectly a member of their household
(immediate family members), or a business with which the public
official or a member of his or her household is associated.
Prohibited
Activities
(DC Official Code §§ 1-1106.01(b)–(h-1)(2)
and 1-1106.51)
Under the law,
public officials may not:
- Use their
official position or public office to obtain private financial
gain for the public official or any member of their household,
or any business with which the public official or any member
of their household is associated.
- Solicit
or accept money, gifts or anything of value to influence a
governmental decision, or where it could be inferred that
the thing of value would influence the government decision.
- Solicit
or receive any money, in addition to that lawfully received,
for advice or assistance given in the performance of the public
official’s governmental duties.
- Serve
on a committee whose jurisdiction consists of matters in which
the official, a family member, or business with which the
public official or a member of the public official’s
household is associated, has a financial interest greater
than $1,000.00. (This applies to members and employees of
the City Council and Board of Education).
- Influence
or participate in the decision-making process on matters where
any conflict of interest can or does exist.
- Represent
another person before any regulatory agency or Court of the
District of Columbia while serving as Mayor, Senator or Representative
of the District of Columbia, or City Councilmember. This does
not apply to any appearance in an official capacity. Nor does
it apply to the appearance by a Councilmember (except the
Chairman), licensed to practice law in the District of Columbia,
before any court or non-District of Columbia regulatory agency
in any matter, which does not affect their official position.
- Serve
as a member of a board or commission and be eligible for appointment
by members of that board or commission to any paid office
or position under the supervision of that board or commission.
- Appoint
a former member of a board or commission to any paid office
or position under the supervision of the board or commission
on which he or she served, unless 45 days has passed since
the date of termination of his or her service as a member
of the board or commission. She or he is required to follow
the same employment application requirements, required of
other applicants for the paid office or position.
- Usage
of District of Columbia government resources, including budget
authority, personal services of employees during their hours
of work, and non-personal services such as supplies, materials,
equipment, office space, telephones to support or oppose any
candidate for elected office or to support or oppose any initiative,
referendum, or recall measure in the District of Columbia.
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Conflict
of Interest Procedures for Public Officials Other than Chairpersons
(DC Official Code § 1-1106.01(g))
If a public
official has a conflict or potential conflict of interest, the
public official should prepare a written statement describing
the following:
- The matter requiring
action or decision
- The nature of
the potential conflict of interest with respect to the action
or decision
A copy of the
prepared statement should be delivered to the Director of Campaign
Finance and to the Board of Elections and Ethics. A copy should
also be delivered to the public official’s immediate superior.
The superior of the public official must take the following
steps:
- Cause the statement
to be printed in the record of proceedings of the body of
which the person is a member or employee
- Upon request of
the member, excuse the member from votes, deliberations, and
other actions on the matter on which a conflict or potential
conflict exists
After receipt
of a statement of a conflict or potential conflict of interest,
the immediate superior of the public official (except if the
Mayor or a Councilmember) will reassign the matter to another
employee who is not subordinate to the relieved employee, and
who does not have a potential conflict of interest.
Conflict
of Interest Procedures for Chairpersons
(DC Official Code § 1-1106.01(g)(4))
Procedures vary
for handling conflicts of interest for the Chairperson of the
Council, President of the Board of Education, or Chairperson
of any District Board or Commission. The chairperson or president
is still required to file a written statement describing the
nature of the matter requiring action or decision on the potential
conflict of interest.
The written
statement should include the following:
- The matter requiring
action or decision
- The nature of
the potential conflict of interest with respect to such action
or decision
The chairperson
will deliver a copy of the statement to the chairperson pro
tempore, or the vice-chairperson of the Council, or Board or
Commission of which he or she is the chairperson. After the
statement has been received, the chairperson pro tempore or
the vice chairperson will:
- Cause the statement
to be printed in the record of proceedings of the body of
which the person is a member
- Excuse the chairperson
from votes, deliberations, and other action on the matter
on which a potential conflict exists, upon his or her request
Failure
to Disclose Conflict of Interest
(DC Official Code § 1-1103.02(c))
In the event
a public official fails to excuse himself or herself as required
under the Campaign Finance Act, and has voted, deliberated or
taken other action on a matter in which a conflict or potential
conflict of interest exists, the Director of Campaign Finance,
or the Board of Elections and Ethics, will issue a complaint
of Conflict of Interest. After a presentation by the Director,
a public hearing may result. If the Board makes a finding of
an apparent violation of the conflict of interest provisions
of the Campaign Finance Act, the Board will refer the matter
to the United States Attorney for the District of Columbia for
prosecution and civil action relating to the enforcement of
the conflict of interest provisions.
Investigation
of Conflicts of Interest
(DC Official Code § 1-1103.02(c))
The Director
of the Office of Campaign Finance may begin an investigation
in any case in which the Director has reason to believe that
information contained in the statement of a potential conflict
of interest may indicate a conflict between the financial interest
of the public official concerned and the performance of the
public official’s services for the District of Columbia
government.
Things
to Remember
- A conflict of
interest exists when a public official in the discharge of
official duties, would be required to take an action or make
a decision that would affect directly or indirectly the official’s
own financial or personal interest, a member of the public
official’s household, or a business with which the official
or a member of the official’s household is associated.
- When confronted
with a conflict of interest, the public official must take
the appropriate action to affect removal from the conflict
of interest.
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