DCMR
Chapter
33: Conflict of Interest
3300.1
A public official shall not act or decide on any matter upon which there
is conflict or a potential conflict, created by their financial, personal,
family, business, or client interest.
3300.2
This chapter shall apply to the following public officials:
(a) Any
candidate for nomination for election, or election, to public office,
including the office of Advisory Neighborhood Commissioner, at the time
of candidacy, who does not occupy any such office;
(b) All
elected officials, including Advisory Neighborhood Commissioners;
(c )
Members of boards and commissions required to file financial disclosure
statements;
(d) Employees
within the excepted service and paid at a rate of DS-13 or above;
(e) Persons
serving as subordinate agency heads pursuant to the Personnel Act; and
(f) Any
other public official expressly subject to the conflict of interest provisions
of the Act. 3301
PROHIBITED CONDUCT
3301.1
Other than that compensation provided by law for the public official,
the public official shall avoid the use of the official position or office
to obtain financial gain for the following:
(a) The
public official;
(b) Any
member of the public official’s household; or
(c )
Any business with which the public official or a member of the public
official’s household is associated.
3301.2
A person shall be prohibited from offering, and a public official, or
any member of a public official’s household, shall be prohibited from
receiving anything of value, based on the following:
(a) Any
understanding that the public official’s actions or judgment or vote would
be influenced;
(b) Any
reasonable inference that the thing of value would influence the public
official’s discharge of duties; or
(c )
Any reward, except for political contributions publicly reported pursuant
to chapter 30 of this title or transactions made in the ordinary course
of business of the offeror.
3301.3
A person shall be prohibited from offering, and a public official shall
be prohibited from soliciting or receiving any money, other than monies
lawfully received by the public official in the public official’s entrusted
position, for advice or assistance given in the course of or relating
to the public official’s employment.
3301.4
A public official shall be prohibited from the following:
(a) The
use or disclosure of confidential information given in the course of or
because of the public official’s entrusted position or activities in any
way which could result in financial gain for the public official or for
any other person; and
(b) If
a member or employee of the District of Columbia Council or Board of Education,
the acceptance of an assignment to serve on a committee if its jurisdiction
consists of matters in which the public official, a member of the public
official’s family, or any business with which the public official is associated,
has any financial interest.
3301.5
This chapter shall not apply to any vote by a public official on the following
matters:
(a) One
which affects a class of persons of 50 or more of which the public official
is a member, and the financial gain to be realized is de minimis;
(b) The
public official’s compensation as authorized by law; and
(c )
Any elections law.
3302
INTERPRETATIVE OPINIONS
3302.1
Any person subject to this chapter may request a written interpretative
opinion concerning the application of the Act, and chapters 30-37 of this
title.
3302.2
The request shall be addressed to the Director in writing.
3302.3
Each request shall contain the following:
(a) The
full name and address of the requestor;
(b) A
query as to an application of the Act, and chapters 30-37 of this title,
solely with respect to a specific or general transaction or activity of
the person; and
(c )
Any related documentation.
3302.4
The Director shall respond in writing to each request within thirty (30)
days.
3302.5
If the requestor disagrees with the interpretative opinion issued by the
Director, the requestor may request an advisory opinion from the Board
of Elections and Ethics, pursuant to chapter 3 of this title.
3303
REMOVAL FROM INFLUENCE
3303.1
When confronted with a conflict or potential conflict of interest, a public
official shall remove himself or herself from influence over actions and
decisions on the matter on which there is a conflict or potential conflict.
3303.2
Removal from influence over actions and decisions shall be accomplished
by the public official when the public official refrains from taking any
action or making any decision that would affect or appear to affect, directly
or indirectly, the matter under investigation or the conflict.
3303.3
A public official shall remove himself or herself from influence over
actions and decisions for the following reasons:
(a) When
the public official has reasonable knowledge of any direct or indirect
financial interest or gain which is incompatible with the discharge of
the public official’s duties;
(b) When
the public official would be required to take any official action on a
matter when a conflict situation is created by a personal, family or client
interest; or
(c )
Upon written notice from the Board or the Director that a full investigation
has been initiated.
3304
NOTIFICATION OF CONFLICT OF INTEREST
3304.1
When a public official has a conflict or potential conflict of interest,
that public official shall prepare a written statement describing the
following:
(a) The
matter requiring action or decision; and
(b) The
nature of the potential conflict of interest with respect to such action
or decision.
3304.2
The public official shall deliver a copy of the statement to the following:
(a) Board
of Elections and Ethics;
(b) Director
of Campaign Finance; and
(c )
The public official’s immediate superior or superior-designate, if any.
3304.3
The immediate superior or superior-designate for the public official enumerated
below shall be one (1) of the following:
(a) Member
of the Council - Chairman of the Council;
(b) Chairman
of the Council - Chairperson pro tempore or Vice-chairperson of the Council;
(c )
Member of the Board of Education - President of the Board of Education;
(d) President
of the Board of Education - Vice-president of the Board of Education;
(e) Member
of Advisory Neighborhood Commissions, boards and commissions - Chairperson
or president;
(f) Chairperson
of Advisory Neighborhood Commission, boards and commissions - Chairperson
pro tempore or Vice-President;
(g) Member
of boards or commissions - Chairperson or president of board or commission;
and
(h) Immediate
staff employee of the Council and Board of Education - respective Chairperson
3305
RECUSAL FROM CONFLICT OF INTEREST BY PUBLIC OFFICIALS
3305.1
After receipt of a statement of conflict or potential conflict of interest
from a public official, the superior or superior-designate, pursuant to
§3304.3, shall perform the following acts:
(a) Cause
the statement to be printed in the record of proceedings of the body of
which the person is a member or employee; and
(b) Upon
request of the affected public official, excuse that public official from
votes, deliberations, or other actions, as applicable, on the matter on
which a conflict or potential conflict exists.
3305.2
After receipt of a statement of conflict or potential conflict of interest
from a public official, that public official’s immediate superior shall
reassign the matter to another employee who is not subordinate to the
relieved employee: Provided, that the employee does not also have a potential
conflict of interest, except for the following:
(a) Mayor;
or
(b) Councilmember.
3305.3
If the public official has no immediate supervisor, the public official
shall excuse himself or herself from votes, deliberations and other actions
on the matter on which a potential conflict exists.
3305.4
If the public official fails to request recusal, pursuant to §3305,
the public official shall not vote, deliberate or act on the matter on
which a conflict or potential conflict exists.
3305.5
If the public official fails to request recusal, pursuant to §3305,
and votes, deliberates or acts on the matter in which a conflict or potential
conflict exists, a complaint of conflict of interest pursuant to chapter
36 of this title shall issue from one (1) of the following:
(a) Board
of Elections and Ethics; or
(b) Director
of Campaign Finance.
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