131355 Amendments to Office of Campaign Finance regulations, chapter 33, "Conflict of Interest and Use of Government Resources for Campaign-Related Purposes."
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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 33, “Conflict of Interest and Use of Government Resources for Campaign – Related Purposes”, 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 conflict of interest procedures to provide the general public and OCF filers with a better understanding of the agency processes, and to correct technical and typographical errors.
Section 3300 of Chapter 33 of 3 DCMR, “Applicability”, shall be amended to read as follows:
“3300 APPLICABILITY
3300.1 A conflict of interest shall occur when a public official exerts any "effort to realize personal gain", as defined in § 9900.1, through official conduct.
3300.2 The use of a government resource for a campaign-related purpose occurs when a person draws upon a service of the District of Columbia government for any campaign matter, pursuant to this Title.
3300.3 For the purposes of a conflict of interest, this Chapter shall apply to the following public officials:
(a) Each candidate for nomination for election, or election, to public office, except the office of Advisory Neighborhood Commissioner (ANC), who, at the time of candidacy, does not occupy the public office;
(b) Each elected official, including ANC members;
(c) Members of specific boards and commissions, pursuant to the Act;
(d) Employees within the excepted and legal services, and paid at a rate of DS-13 or above;
(e) Employees within the management supervisory service and 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.
3300.4 For the purposes of the use of a government resource for a campaign-related purpose, this chapter shall apply to all persons.
3300.5 This chapter shall not prohibit a public official from voting on the following matters:
(a) One which affects a class of persons of fifty (50) or more of which the public official is a member, and the financial gain to be realized is de minimis;
(b) Compensation of the public official as authorized by law; and
(c) Elections laws.
3300.6 This chapter shall not apply to any person who registers as a lobbyist and engages in lobbying, under § 3100.”
Section 3301of Chapter 33 of 3 DCMR, “Prohibited Conduct”, shall be amended to read as follows:
“3301 PROHIBITED CONDUCT
3301.1 A public officials shall be prohibited from using their official position to obtain financial gain, other than that compensation provided by law for the public official, for the following:
(a) The public official;
(b) Any member of the public official’s household; or
(c) Any business with which the public official or a member of the public official’s household is associated.
3301.2 A person shall be prohibited from offering, and a public official, or any member of a public official's household, shall be prohibited from receiving anything of value, based on the following:
(a) Any understanding that the actions, judgment or vote of the public official would be influenced;
(b) Any reasonable inference that the thing of value would influence the public official in the discharge of his or her duties; or
(c) As a reward, except for political contributions publicly reported under Chapter 30 of this Title or transactions made in the ordinary course of business of the offeror.
3301.3 A person shall be prohibited from offering, and a public official shall be prohibited from soliciting or receiving any money for advice or assistance given in the course of or relating to the public official’s employment, in addition to those monies lawfully received by the public official in the public official’s entrusted position.
3301.4 A public official shall be prohibited from disclosing confidential information given in the course of or because of the entrusted position or activities of the public official which could result in financial gain for the public official or for any other person.
3301.5 A member or employee of the Council or the State Board of Education shall be prohibited from accepting an assignment to serve on a committee if its jurisdiction consists of matters in which the public official, a member of the public official’s family, or any business with which the public official is associated, has any financial interest.
3301.6 The Mayor and each member of the Council shall be prohibited from representing another person before any regulatory agency or District of Columbia Court while serving in office, except under the following circumstances:
(a) The public official appears before the regulatory agency or District of Columbia Court in their official capacity; or
(b) A member of the Council (excluding the Chairman) licensed to practice law, appears before any court or non-District of Columbia regulatory agency in any matter which does not affect their official position.
3301.7 Members of boards and commissions are prohibited from appointing the following:
(a) A member from their respective board or commission to any paid office or position under the supervision of their respective board or commission; and
(b) A former member from their respective board or commission to any paid office or position under the supervision of their respective board or commission; provided, that at least 45 days have elapsed since the termination of service to the board of commission by the former member, and the former member has followed the hiring procedures required of other applicants for the paid office or position.
3301.8 District of Columbia Government resources shall be prohibited from use to support or oppose any of the following:
(a) A candidate for elected office, whether partisan or nonpartisan; or
(b) An initiative, referendum, or recall measure, or a charter amendment referendum.
3301.9 Resources of the District of Columbia Government shall include, but not be limited to, the following:
(a) The personal services of employees during their hours of work; and
(b) Nonpersonal services.
3301.10 Nonpersonal services shall include, but not be limited to, the following:
(a) Supplies;
(b) Materials;
(c) Equipment;
(d) Office space;
(e) Facilities; and
(f) Utilities, for example, telephone, gas and electric services.
3301.11 The following public officials may express their views on a District of Columbia election, as part of their official duties:
(a) The Mayor;
(b) The Chairman of the Council;
(c) Each Member of the Council;
(d) The President of the State Board of Education; and
(e) Each Member of the State Board of Education.
3302.12 A public official shall not act on, or decide, any matter in which there is conflict or a potential conflict, created by their financial, personal, family, business, or client interest.”
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.
