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DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS
NOTICE OF PROPOSED RULEMAKING
The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Official Code § 1-1103.01 (b-1) (1) (2001 Edition), hereby gives notice of its intent to adopt the following amendments to Chapter 32, “Financial Disclosure”, of Title 3 of the District of Columbia Municipal Regulations in not less than thirty (30) days from the date of the publication of this Notice in the D.C. Register.
The proposed amendments represent updates to the rules of the Board’s Office of Campaign Finance (OCF). Specifically, the majority of the rules augments and clarifies the financial disclosure procedures to provide the general public and OCF filers with a better understanding of the filing and disclosure requirements of the Financial Disclosure Statement, and to correct technical and typographical errors.
Section 3200 of Chapter 32 of 3 DCMR, “Applicability”, shall be amended to read as follows:
“3200 APPLICABILITY
3200.1 The Financial Disclosure Statement (FDS) form, prescribed by the Director of the Office of Campaign Finance (the Director) (OCF), shall be filed by the following public officials:
(a) Any candidate for election to public office, except the office of Advisory Neighborhood Commissioner (ANC), who, at the time of candidacy, does not occupy any such office;
(b) All elected officials, except ANC members;
(c) Members of specific boards and commissions, pursuant to the Act;
(d) Employees within the excepted and legal services, paid at a rate of DS-13 or above;
(e) Employees within the management supervisory service, paid at a rate of MS-13, or above;
(f) Persons serving as subordinate agency heads pursuant to the Personnel Act; and
(g) Any other public official expressly subject to the financial disclosure provisions of the Act.
3200.2 The FDS shall also be filed by members of any board or commission created after April 23, 1980, which makes decisions in the following areas:
(a) Contracting;
(b) Procurement;
(c) Administration of grants or subsidies;
(d) Planning or developing policies;
(e) Inspecting;
(f) Licensing;
(g) Regulating;
(h) Auditing; or
(i) Acting in areas of responsibility involving any potential conflict of interest.
3200.3 The Honoraria and Outside Income Disclosure Statement (HOIDS) form, prescribed by the Director, shall be filed by the following public officials:
(a) The Mayor;
(b) Each member of the Council; and
(c) Each member of the State Board of Education.
3200.4 Any potential filer may request an exemption by the Director on the basis that the activities of the potential filer may be deemed de minimis.”
Section 3201 of Chapter 32 of 3 DCMR, “Disclosure Requirements”, shall be amended to read as follows:
“3201 DISCLOSURE REQUIREMENTS
3201.1 The public official shall list on the FDS the following:
(a) Business entities transacting any business with the District government in which the public official (or spouse for jointly titled property) has a beneficial interest, including those held in the public officials’ name, in trust, or in the name of a nominee, valued in excess of one thousand dollars ($1,000);
(b) Business entities transacting any business with the District government in which the public official (or spouse for jointly titled property) has a beneficial interest consisting of corporate stock, registered and traded on a national exchange, with a value over five thousand dollars ($5,000);
(c) Business entities transacting any business with the District government in which the public official (or spouse for jointly titled property) earns income for services rendered during a calendar year in excess of one thousand dollars ($1,000);
(d) Business entities transacting any business with the District government in which the public official (or spouse for jointly titled property) serves as an officer, director, partner, employee, consultant, contractor or in any other formal capacity or affiliation;
(e) Each outstanding liability borrowed by the individual (or spouse if joint liability) exceeding one thousand dollars ($1,000) which is not a loan from a federal or state insured or regulated financial institution, immediate family, or revolving credit or installment accounts;
(f) Each real property located in the District of Columbia (other than the personal residence actually occupied by the public official or spouse) with a fair market value in excess of five thousand dollars ($5,000) in which the public official or spouse (jointly titled) holds an interest;
(h) Each professional or occupational license issued by the District government;
(i) Each gift received in excess of one hundred dollars ($100) in a calendar year from any business entity transacting any business with the District government; and
(j) An affidavit stating that the public official has not caused title to property to be placed in the name of another person or entity for purposes of avoiding the requirements of this section.
3201.2 The public official shall list on the HOIDS the following:
(a) The source and amount of all outside income earned during the calendar year;
(b) The name of each client who transacted business with the District government from whom the public official received outside income during the calendar year;
(c) The name of each client who stands to gain a direct financial benefit from legislation that was pending before the Council during the calendar year;
(d) Each honorarium earned by the public official or any member of the public official’s immediate family during the year in which the right to receive the honorarium accrued, including the source and amount;
(e) Royalties during the year in which the right to receive the royalty accrues received by the Mayor, Chairman of the Council or any member of their immediate families for the works of the Mayor or of the Chairman of the Council; and
(f) Any honoraria or royalties paid to a charitable organization.
3201.3 No public official, required to file a HOIDS, pursuant to § 3201.2, shall earn honoraria in excess of ten thousand dollars ($10,000) during the year in which the right to receive the honorarium accrues, except that any amounts paid to a charitable organization, on behalf of the public official, shall not be calculated as part of the aggregate total.
3201.4 Neither the Mayor nor the Chairman of the Council shall earn royalties in excess of ten thousand dollars ($10,000) during the year in which the right to receive the royalty accrues, except that any amounts paid to a charitable organization, on behalf of the public official, shall not be calculated as part of the aggregate total.
3201.5 The limitation on the receipt of royalties in excess of ten thousand dollars ($10,000) in any calendar year shall apply to the following public officials and their immediate families:
(a) The Mayor; and
(b) The Chairman of the Council.”
Section 3202 of Chapter 32 of 3 DCMR, “Filing Requirements”, shall be amended to read as follows:
“3202 FILING REQUIREMENTS
3202.1 The FDS shall be deemed timely filed in person or by first class mail if received in the Office of Campaign Finance by no later than 5:30 p.m. of May 15th of each year for the prior calendar year in which the public official served.
3202.2 The FDS may be filed electronically no later than 12:00 midnight of the filing deadline; Provided that, the paper filing of the FDS, verified by the public official, is filed within five (5) days of the filing deadline.
3202.3 The HOIDS shall be filed with the Director of Campaign Finance not later than May 15th of each year for the prior calendar year in which the public official served.
3202.4 The HOIDS shall be deemed timely filed in person or by first class mail when received in the Office of Campaign Finance by no later than 5:30 p.m. on May 15th of each year for the prior calendar year in which the public official served.
3202.5 A public official shall submit an amended FDS and HOIDS within thirty (30) days after changes in any information represented on the FDS and the HOIDS.
3202.6 A public official may make a request of the Director, in writing, for an extension of up to thirty (30) days in which to submit the FDS and the HOIDS.
3202.7 The Director may extend the period of time for submission of the FDS and the HOIDS by a public official, for good cause shown.
3202.8 The list of public official required to file the FDS shall be published in the DC Register in April of each calendar year, and made available to the public, under Chapter 37 of this Title.”
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with the Office of the General Counsel, Board of Elections and Ethics, 441 4th Street, N.W., Suite 270N, Washington, D.C. 20001. Copies of the proposed rules may be obtained at cost from the above address, Monday through Friday, between the hours of 9:00 a.m. and 4:00 p.m.
