607625 Notice of Final Rulemaking, 3 DCMR Chapter 2, "Political and Ethical Conduct of Board Members and Employees"
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DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS
NOTICE OF FINAL RULEMAKING
The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Official Code § 1-1001.05 (a)(14), hereby gives notice of final rulemaking action to adopt the following amendments to 3 DCMR Chapter 2, “Political and Ethical Conduct of Board Members and Employees.” The Board took final rulemaking action with respect to these amendments at a regular meeting on Wednesday, November 10, 2010.
These amendments clarify the prohibitions and limitations of certain types of political activity of Board members, employees, and polling place officials.
A Notice of Emergency and Proposed Rulemaking with respect to these amendments was published in the D.C. Register on August 20, 2010, at 57 DCR 7686. No comments on the proposed rules were received during the public comment period. No changes have been made to the substance of the proposed regulations.
These final rules will become effective upon publication of this notice in the D.C. Register.
Section 200, “Establishment and Authority of the Board of Elections and Ethics,” of Chapter 2 of 3 DCMR shall be amended to read as follows:
200 ESTABLISHMENT AND AUTHORITY OF THE BOARD OF ELECTIONS AND ETHICS
200.1 The purpose of this chapter is to establish standards of conduct for members and employees of the District of Columbia Board of Elections and Ethics and polling place officials for their official activities in order to maintain public confidence in the integrity of those persons responsible for the administration of the election laws and the conduct of the electoral process in the District of Columbia.
200.2 The provisions of this chapter shall solely govern the political and ethical conduct of the members and employees of the Board and polling place officials and are not intended to be exclusive of rules governing the ethical conduct of all District of Columbia Government employees.
Section 201, “Political Activity,” of Chapter 2 of 3 DCMR is repealed and replaced with:
201 POLITICAL ACTIVITY OF MEMBERS AND EMPLOYEES OF THE BOARD
201.1 Except as provided in this section, nothing in this chapter shall be construed as prohibiting the members or employees of the Board from doing any of the following:
(a) Exercising the right to vote at any election conducted in the District of Columbia or elsewhere;
(b) Signing any nominating, initiative, referendum or recall petition; or
(c) Attending candidate forums.
201.2 No member or employee of the Board shall do any of the following:
(a) Be a candidate or nominee for any elected office;
(b) Hold any office in any political party or political committee; or
(c) Participate in the activities of or contribute to any political committee of any candidate for District office or for or against any ballot measure in the District of Columbia.
201.3 A member or employee of the Board shall not engage in any activity, including attending political dinners, fundraisers, parties, meetings or conferences which would imply support of or opposition to a local candidate or group of candidates for office, as defined in § 9900, a local political party or political committee, or an initiative, referendum, or recall measure to appear on the ballot in the District of Columbia.
Section 202, “Ethical Conduct,” of Chapter 2 of 3 DCMR shall be repealed and replaced with:
202 POLITICAL ACTIVITY OF POLLING PLACE OFFICIALS
202.1 Polling place officials shall be governed by the provisions of this section while employed by the Board. A polling place official is employed by the Board during any hours that he or she is performing services for the Board.
202.2 A polling place official shall not:
(a) Be a candidate or nominee for any elected office, except that a polling place official may be a candidate for office of Advisory Neighborhood Commissioner. In such instances, the polling place official shall not be assigned to work at a precinct within the Single-Member District in which he or she is a candidate for office;
(b) Hold any office in any political party or political committee; or
(c)Participate in the activities of any candidate or political committee for or
against any ballot measure in the election held in the District of Columbia.
202.3 Political activity conducted by polling place officials prior to employment will not disqualify a polling place official from service.
Section 203 of Chapter 2 of 3 DCMR shall be created to read as follows:
203 ETHICAL CONDUCT
203.1 A member or employee of the Board shall not directly or indirectly give any person who is not a member or employee of the Board access to official information obtained through or in connection with his or her employment which has not been released to the general public or which is not a matter of public record.
203.2 A member or employee of the Board shall not solicit or accept, either directly or through the intercession of others, any fee, gift, gratuity, favor, loan, entertainment, or other thing of monetary value from any person, organization or entity which has done or is doing any of the following:
(a) Has obtained, or is seeking to obtain, contractual or other business or
financial relations with the Board.
(b) Conducts operations or activities that are regulated or examined by the
Board; or
(c) Has interests that may be favorably affected by the action or inaction of
the member employee in the performance of his or her official duties.
203.3 The restrictions set forth in § 203.2 of this section shall not apply to any of the following:
(a) Obvious personal relationships, such as those that exist between an employee or member and his or her parents, children, or spouse;
(b) The acceptance of food and refreshment of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting;
(c) The acceptance of loans from financial institutions on customary terms to finance the acquisition of a car, home, appliance, or other personal items;
(d) The acceptance of unsolicited advertising or promotional materials such as pens, pencils, note pads, calendars, and like items of nominal intrinsic value; or
(e) The acceptance of a voluntary gift of nominal value of a cash donation in a nominal amount which is presented on a special occasion such as marriage, illness, or retirement.
203.4 A member or employee of the Board shall not directly or indirectly use or allow the use of government property of any kind, including office machines, motor vehicles, materials, supplies or funds, for other than officially approved activities.
203.5 Without prior approval of the Board, a member or employee of the Board shall not accept any reimbursement for expenses or receive any other honorarium or fee for any service, speech, or other activity which is rendered as a result of his or her official duties with the Board, whether or not such activities were performed during official working hours.
203.6 Board members and employees shall not engage in any employment which is incompatible with the full and proper discharge of their government responsibilities.
203.7 No Board member or employee shall do indirectly (by, through, or with other persons) those acts or actions which the Board member or employee are prohibited from doing directly under the restrictions set forth in this chapter.
203.8 An employee shall promptly report to his or her immediate supervisor any attempt to direct or otherwise unlawfully influence the discharge of that employee’s official duties.
