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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-B1811. POST-EMPLOYMENT CONFLICT OF INTERESTS
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1811.1 District employees shall comply with the provisions of 18 U.S.C. § 207 and implementing regulations set forth at 5 C.F.R. Part 2641, Subparts A and B.
1811.2 District government employees and public officials are subject to certain provisions of the federal criminal conflict of interest provisions set forth in 18 U.S.C. §§ 201-216. Questions regarding the application of 18 U.S.C. § 207, 5 C.F.R. Part 2641, or these regulations, to specific factual circumstances, may be addressed to the Board of Government Ethics and Accountability.
1811.3 A former government employee shall be permanently prohibited from knowingly acting as an attorney, agent, or representative in any formal or informal appearance before an agency as to a particular government matter involving a specific party if the employee participated personally and substantially in that matter as a government employee.
1811.4 A former government employee shall be permanently prohibited from making any oral or written communication to an agency with the intent to influence that agency on behalf of another person as to a particular government matter involving a specific party if the employee participated personally and substantially in that matter as a government employee.
1811.5 A former government employee shall be prohibited for two (2) years after terminating District government employment from knowingly acting as an attorney, agent, or representative in any formal or informal matter before an agency if he or she previously had official responsibility for that matter.
1811.6 For purposes of Subsection 1811.5 of this section, a matter for which the former government employee had official responsibility is any matter that was actually pending under the former employee's responsibility within a period of one (1) year before the termination of such responsibility.
1811.7 The two-year (2-year) restriction period in Subsection 1811.5 of this section shall be measured from the date when the former employee's responsibility for a particular matter ends, not from the termination of government service, unless the two (2) occur simultaneously.
1811.8 A former employee shall be prohibited for two (2) years from knowingly representing or aiding, counseling, advising, consulting, or assisting in representing any other person (except the District of Columbia) by personal appearance before an agency as to a particular government matter involving a specific party if the former employee participated personally and substantially in that matter as a government employee.
1811.9 The two-year (2-year) period in Subsection 1811.8 of this section shall be measured from the date of termination of employment in the employee position held by the former employee when he or she participated personally and substantially in the matter involved.
1811.10 A former employee (other than a special government employee who serves for fewer than one-hundred and thirty (130) days in a calendar year) shall be prohibited for one (1) year from having any transactions with the former agency intended to influence the agency in connection with any particular government matter pending before the agency or in which it has a direct and substantial interest, whether or not such matter involves a specific party.
1811.11 The restriction in Subsection 1811.10 of this section is intended to prohibit the possible use of personal influence based on past governmental affiliations to facilitate the transaction of business. Therefore, the restriction shall apply without regard to whether the former employee had participated in, or had responsibility for, the particular matter, and shall include matters which first arise after the employee leaves government service.
1811.12 The restriction in Subsection 1811.10 of this section shall apply whether the former employee is representing another or representing him or herself, either by appearance before an agency or through communications with that agency.
1811.13 Communications from a former government employee shall be exempt from these prohibitions if he or she communicates with his or her agency solely to furnish scientific or technological information under procedures acceptable to the agency concerned.
1811.14 Nothing in these regulations shall prevent a former government employee from giving testimony under oath, or from making statements required to be made under penalty of perjury.
1811.15 A former government employee may be exempted from the restrictions on post-employment practices if the Mayor (or designee), in consultation with the federal government’s Director of the Office of Government Ethics, executes a certification published in the D.C. Register. The certification shall state that the former government employee has outstanding qualifications in a scientific, technological, or other technical discipline; is acting with respect to a particular matter which requires such qualifications; and the interest of the District of Columbia would be served by such former government employee's participation.
1811.16 The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not apply to appearances, communications, or representation concerning new matters by a former employee if the former employee is an elected official of a state or local government and is acting on behalf of that government, or is regularly employed by and acting on behalf of an agency or instrumentality of federal, state, or local government; an accredited, degree-granting institution of higher education; or a non-profit hospital or medical research organization.
1811.17 The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not apply to appearances or communications by a former employee concerning matters of a personal and individual nature, such as personal income taxes or pension benefits, or the application of these regulations to an undertaking proposed by a former employee. A former employee also may appear pro se (on his or her own behalf) in any litigation or administrative proceeding involving the individual's former agency.
1811.18 The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not prevent a former employee from making or providing a statement, which is based on the former employee's own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received, other than that regularly provided for by law or regulation for witnesses.