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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 3. ELECTIONS AND ETHICS |
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Chapter 3-53. BOARD OF ETHICS AND GOVERNMENT ACCOUNTABILITY: INVESTIGATIONS |
Section 3-5302. FORMAL INVESTIGATIONS
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5302.1A formal investigation shall be initiated upon:
(a)Receipt of a written complaint transmitted to the Board;
(b)A finding by the Office of the Inspector General or District of Columbia Auditor that suggests a violation of the Code of Conduct, including but not limited to findings of waste, fraud, or abuse of government resources; or
(c)A finding by a court of competent jurisdiction of liability in a civil proceeding, indictment, or information in a criminal proceeding with respect to acts or offenses that may constitute violations of the Code of Conduct or of the Act.
5302.2A written complaint shall include:
(a)The full name and address of the complainant and the respondent;
(b)A clear and concise statement of facts that are alleged to constitute a violation of the Code of Conduct or of the Act;
(c)The complainant's signature;
(d)A verification of the complaint under oath; and
(e)Supporting documentation, if any.
5302.3No complaint may be made later than five (5) years after the discovery of the alleged violation.
5302.4An individual making a complaint shall be afforded all available protections from adverse employment action or retaliation in accordance with the Comprehensive Merit Personnel Act and Title II of the Whistleblower Reinforcement Act of 1998, effective October 7, 1998 (D.C. Law 12-160; D.C. Official Code §§ 2-223.01 et seq.) (2011 Repl.).
5302.5Within fourteen (14) days of the initiation of a formal investigation, the Director shall cause evidence concerning the complaint to be presented to the Board. If the Board decides that there is reasonable belief that a violation has occurred, the Board may authorize the issuance of subpoenas.
5302.6The Superior Court of the District of Columbia may, upon petition by the Board through the Director, in case of refusal to obey a subpoena or order of the Ethics Board issued under § 5302.5, issue an order requiring compliance; and any failure to obey the order of the court may be treated by the court as contempt.
5302.7The identity of an individual who is the subject of a written complaint transmitted to the Board, other than pursuant to § 5302.1(b) and (c), shall not be disclosed without the individual’s consent unless or until the Board finds reason to believe that the individual has committed a violation and the Board finds that disclosure would not harm the investigation.
5302.8Notwithstanding § 5302.7, the Board may, in its discretion, publicly disclose the existence of any investigation.