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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 2016 |
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SubTilte 11-Y. BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE |
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Chapter 11-Y1. ADMINISTRATION |
Section 11-Y105. RULES OF ETHICS
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105.1 The following Rules of Ethics are intended to be complementary to, and not in place of, the ethical requirements applicable to all District officials, as those requirements are stated in the Ethics Manual for the District of Columbia and the District and federal laws it references. To the extent there is any conflict between the rules that follow and requirements described in the Ethics Manual, the more stringent requirement shall govern.
105.2 Members of the Board shall at all times maintain a high level of ethical conduct in connection with the performance of their official duties, and shall refrain from taking, ordering, or participating in any official action which would adversely affect the confidence of the public in the integrity of the government of the District of Columbia.
105.3 Members of the Board shall avoid all actions which might result in, or create the appearance of, the following:
(a) Using public office for private gain;
(b) Giving preferential treatment to any person;
(c) Impeding government efficiency or economy;
(d) Losing complete independence or impartiality;
(e) Making a government decision outside official channels; or
(f) Affecting adversely the confidence of the public in the integrity of government.
105.4 Members of the Board shall not ask for or accept, either directly or through someone else, any gift, gratuity, favor, loan, entertainment, or anything of value from a person who has or is seeking a contract with the District of Columbia; is regulated by the District; or has any interest that may be affected by the Board member’s performance of official duties.
105.5 In any proceedings before the Board, all members of the Board shall be prohibited from receiving or participating in any ex parte communication relevant to the merits of the proceeding.
105.6 The prohibition in Subtitle Y § 105.5 shall begin to apply upon the referral of any application or appeal pursuant to Subtitle Y §§ 400.4 and 500.4, and shall not terminate until the final disposition of the case.
105.7 The prohibition in Subtitle Y § 105.5 shall not extend to communication between the Board and the Office of Zoning concerning matters of record.
105.8 A member of the Board shall disqualify himself or herself in a proceeding before the Board in which the Board member’s impartiality might reasonably be questioned, including but not limited to instances where:
(a) The member of the Board has a personal bias or prejudice concerning a party or a party’s representative, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(b) The member of the Board served as a representative in the matter in controversy, or has been a material witness concerning it;
(c) The member of the Board knows, or reasonably should have known, that he or she, individually or as a fiduciary, or the Board member’s spouse, domestic partner, parent or child wherever residing, or any other member of the Board member’s family residing in the Board member’s household, has an economic interest in the matter in controversy or in a party to the proceeding or has any other more than de minimus interest that could be substantially affected by the proceeding; or
(d) The member of the Board or their spouse, domestic partner, parent, or child wherever residing, or any other member of the Board member’s family residing in the Board member’s household:
(1) Is a party to the proceeding, or an officer, director, or trustee of a party;
(2) Is acting as a lawyer or otherwise representing a party in the proceeding; or
(3) Is known to have a more than de minimus interest that could be substantially affected by the proceeding.
105.9 A member of the Board subject to disqualification by the terms of Subtitle Y § 105.8 may disclose on the record the basis of the member’s disqualification and may ask the parties and their representatives to consider whether to waive disqualification. If following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, the parties and their representatives all agree that the Board member should not be disqualified, and the Board member is then willing to participate, the Board member may participate in the proceeding.
105.10 No member of the Board shall represent any person before the Board or Zoning Commission other than himself or herself while a member of the Board.
105.11 No former member of the Board shall represent any person before the Board or Zoning Commission other than himself or herself for a period of one (1) year after the date that the member's service on the Board terminates.
105.12 For a period of two (2) years after the date on which the member’s service on the Board terminates, no former member of the Board shall assist in representing, including aiding, counseling, advising, and consulting, another person in a particular matter involving a specific party before the Board or Zoning Commission other than himself or herself, if he or she participated personally and substantially in the particular matter while a member of the Board.
105.13 No former member of the Board shall represent any person other than himself or herself in a particular matter for which the Board member had a substantial involvement while a member of the Board.