4959627 Ethics and Government Accountability, Board of - Notice of Final Rulemaking - To amend Chapter 99 (Definitions) of Title 3 (Elections and Ethics) to add the definition of “public official" to Subsection 9900.1

BOARD OF ETHICS AND GOVERNMENT ACCOUNTABILITY

 

NOTICE OF FINAL RULEMAKING

 

The Board of Ethics and Government Accountability (“Board”), pursuant to the authority set forth in Sections 101(47)(I) and 209 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 (“Ethics Act”), effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 1-1161.01(47)(I) and 1-1162.09 (2012 Repl. & 2014 Supp.)), hereby gives notice of final rulemaking action to amend Chapter 99 (Definitions) of Title 3 (Elections and Ethics) of the District of Columbia Municipal Regulations (“DCMR”). 

 

The rulemaking amends Subsection 9900.1, the definition of “public official”, by creating paragraph (j) to add a new category of District of Columbia employees paid, regardless of pay schedule, at a rate equivalent to Excepted Service employees paid at a rate of Excepted Service 9 or above.

 

The emergency and proposed rulemaking was adopted by the Board on April 3, 2014, and became effective immediately, published in the D.C. Register on April 18, 2014 at 61 DCR 004027.  No written comments were received and no changes have been made to the text of the proposed rules.  The Board adopted the rulemaking as final on June 6, 2014.  These rules shall become effective on the date of publication of this notice in the D.C. Register.

 

Chapter 99 (Definitions) of Title 3 (Elections and Ethics) of the DCMR is amended as follows: 

 

Subsection 9900.1 is amended as follows:

 

The definition of “Public official” is amended by adding a new paragraph (j), to read as follows:  

 

(j)         A District of Columbia employee paid, regardless of pay schedule, at a rate equivalent to an Excepted Service employee paid at a rate of Excepted Service 9 or above, who makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, regulating, or auditing, or acts in areas of responsibility that may create a conflict of interest or  appearance of a conflict of interest.