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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B18. EMPLOYEE CONDUCT |
Section 6-B1805. FINANCIAL INTERESTS AND DISCLOSURES
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1805.1 It is the policy of the District government to avoid conflicts of interest concerning the award, implementation, monitoring, and performance of contracts for services. Accordingly, as a means of assisting District government agencies to evaluate real or potential conflicts of interest in this area, each employee will be required to disclose to his or her employing agency upon appointment, such previous employment relationships (whether in the private or public sectors) as the employing agency may direct, including full disclosure of any ongoing economic benefits to the employee from previous employment relationships.
1805.2 For the purposes of this section, the following terms apply:
(a) “Ongoing economic benefit from a former employer” shall include any pension, annuity, stock option, bonus, cash or in-kind distribution in satisfaction of equitable interest, payment of all or a portion of the premiums on a life or health insurance policy, or any other comparable benefit.
(b) A “former employer” is any person or organization:
(1) For whom or for which the employee has, within the one (1) year preceding his or her employment by the District government, served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee; or
(2) From whom or from which the employee receives an ongoing economic benefit.
1805.3 The employing agency shall inform each new hire of the requirement to disclose employment relationships as described in Subsection 1805.1. A new hire with employment relationships to disclose shall so inform his or her immediate supervisor and a person designated by the agency head, and complete D.C. Standard Form 36, Previous Employment Relationships, within thirty (30) days of the effective date of the new appointment.
1805.4 The head of the employing agency will communicate the information required to be disclosed under this subsection to each new hire, and advise the employee in writing of the restrictions imposed by this subsection.
(a)For one (1) year after the date of initial employment with the District government, an employee required to make a disclosure under this section will be screened from and shall not participate in any manner, in the District government’s decision to enter into, extend, modify, or renew a contract or consultancy engagement with the employee’s former employer (hereafter, “procurement action”).
(b)The one-year (1-year) restriction from participation in any procurement action prescribed in paragraph (a) will be extended for as long as the employee receives an ongoing economic benefit from a former employer. It will be the employee’s responsibility to advise his or her immediate supervisor and a person designated by the agency head of the continued receipt of the ongoing economic benefit from a former employer.
1805.5 Notwithstanding the prohibitions set forth in Subsection 1805.4, the head of the employing agency may authorize an employee, required to make a disclosure under this section, to do any of the following as part of the employee’s official duties:
(a)Participate in the oversight or review of the work-product or performance of a former employer that is currently a contractor or consultant with the District government;
(b) Serve as the District government’s liaison with the former employer; or
(c) Otherwise communicate with the former employer on matters pending before the employee’s employing agency.
1805.6 The determination to require an employee to perform any of the duties listed in Subsection 1805.5 shall be based upon a written determination of the agency head, made in light of all relevant circumstances, that the interest of the District government in the employee’s participation outweighs the concern that a reasonable person might question the integrity of the District government’s programs or operations. Applying this standard, the agency head may determine that the employee’s participation reasonably may be permitted in certain activities involving the employee’s former employer, but not in others. In all instances under this section in which the employee is prohibited from participation, the employee will be screened from the receipt of any information regarding the former employer’s matter that is pending before the District government.
1805.7 An agency head may delegate the responsibility for making any of the determinations prescribed in this section to other personnel in the agency. The person in the agency making any such determinations may consult with the Board of Government Ethics and Accountability.
1805.8 No District government employee or any member of his or her immediate household shall knowingly:
(c) Acquire any stocks, bonds, commodities, real estate, or other property, whether held individually or in concert with others, the possession 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 as a District government employee; or
(d) Acquire an interest in or operate any business or commercial enterprise which is in any way related, directly or indirectly, 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 in any way related to matters over which the employee could wield any influence, official or otherwise.
1805.9 A District government employee who is called upon to act for or on behalf of the District government in a matter relating to or involving a non-governmental entity in which the employee or a member of the employee's immediate family has a financial interest, shall make this fact known to his or her immediate supervisor and a person designated by the agency head, in writing, at the earliest possible moment. Unless a waiver of the conflict of interest is granted by BEGA pursuant to D.C. Official Code § 1-1162.23(b), the head of the employing District government agency subsequently shall determine whether or not the employee must divest him or herself of such interest, or merely disqualify him or herself from taking part in any official decision or action involving the matter.
1805.10 Nothing contained in this chapter shall preclude the Mayor from serving as an honorary chair or honorary member of a nonprofit entity’s fundraising event, so long as the entity for which funds are raised supports a nongovernmental bona fide charitable activity benefiting the District of Columbia. Use of the Mayor’s name or title in fundraising solicitations or announcements of general circulation shall be in accordance with such terms and limitations as the Mayor may prescribe by Mayor’s order or by direction in particular cases. The authority granted by this subsection shall not extend to the use of the Mayor’s name or title in solicitations made by or on behalf of the Mayor directly to individual contributors.