5607781 Elections, Board of - Public Accountability Safety Standards Act of 2016 for the District of Columbia Government
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BOARD OF ELECTIONS
NOTICE OF PUBLIC HEARING
RECEIPT AND INTENT TO REVIEW INITIATIVE MEASURE
The Board of Elections shall consider in a public hearing whether the proposed measure “Public Accountability Safety Standards Act of 2016 for the District of Columbia Government” is a proper subject matter for initiative at the its regular meeting on Wednesday, October 7, 2015 at 10:30 a.m., One Judiciary Square, 441 4th Street, N.W., Suite 280N, Washington, DC.
The Board requests that written memoranda be submitted for the record no later than 4:00 p.m., Thursday, October 1, 2015 to the Board of Elections, General Counsel’s Office, One Judiciary Square, 441 4th Street, N.W., Suite 270, Washington, D.C. 20001.
Each individual or representative of an organization who wishes to present testimony at the public hearing is requested to furnish his or her name, address, telephone number, and name of the organization represented (if any) by calling the General Counsel’s office at 727-2194 no later than Monday, October 5, 2015 at 4:00 p.m.
The Short Title, Summary Statement and Legislative Text of the proposed initiative read as follows:
SHORT TITLE
Public Accountability Safety Standards Act of 2016
for the District of Columbia Government
SUMMARY STATEMENT
District of Columbia Candidates and Serving Officials
Alcohol and Drug Abuse Test for Candidates or individuals seeking Congressional Seats, Council Chairman, Council Seats, Mayor, Attorney General, Proposers of Initiative or Referendum Measures and Petition Challengers.
Voluntary test for candidates seeking signature exemption requirements.
Mandatory Alcohol and Drug Test for petition challengers, proposers of initiative or referendum measures and winners of Primary, General and Special Elections.
Failed Test: Automatic Disqualification.
Serving officials who are Congressional Members, Attorney General, Selected Agency Directors and Chiefs, Mayor, Chairman and Council Members.
Random Test yearly by position or benefit option, resignation before test.
Fail Test: Employment Termination.
LEGISLATIVE TEXT
1. BE IT ENACTED BY THE ELECTORS OF THE DISTRICT OF COLUMBIA that this Act may be cited as the
Public Accountability Safety Standards Act of 2016
for the District of Columbia Government
(also known as PASS).
2. This law is to prevent the use of Alcohol and Drugs (Schedule I-IV Controlled Substance including synthetic marijuana) by certain individuals who are considered Safety Sensitive Personnel for the District of Columbia Government including those who seek elected positions or introduce initiative or referendum measures to the voters and residents of the District of Columbia.
A. Candidate(s) for elected office, in the District of Columbia.
B. Proposer(s) of initiative or referendum measures for the District of Columbia.
C. Petition Challenger(s) who file in question or against Candidates and Proposers of Initiative or Referendum Measures for the District of Columbia.
D. Serving Officials
1. Elected Officials of the District of Columbia Government
2. Agency Chiefs or Directors of Departments of the District of Columbia Government.
E. Tier One Support Staff and Hired Independent Contractors
1. Executive Office of the Mayor – All Deputy Mayors
2. Office of the Attorney General: Assistant Attorney General of the District of Columbia Government and Tier One Support Staff.
A. Civil or Criminal cases when District of Columbia Government as Defendant. One Alcohol and Drug Test per Hearing or one per month for Assistant Attorney General(s) of the District of Columbia Government defending case. One per each defendant that District of Columbia Government represents in court for duration of trial, weekly or monthly, if any District employee or serving official fails Alcohol and Drug Test, individual is automatically terminated without benefits.
B. Plaintiff cases when District of Columbia Government as Plaintiff: No test to individual(s) or Department represented and Assistant Attorney General of the District of Columbia Government. Defendant can request drug test one per plaintiff and legal team who represents plaintiff (not to exceed 4 tests) during trial or before hearing. Results of Alcohol and Drug Test can be admitted to any court or Judge.
3. Office of the Attorney General: Contract Private Consultants or Law Firms
A. Civil or criminal cases when District of Columbia Government as Defendant has contracted or hired a law firm or Private Consultant. One Alcohol and Drug Test per Hearing or one per month of attorney(s) representing and defending individuals or agencies arguing case. One per each defendant that District of Columbia Government represents in court for duration of trial, weekly or monthly, if any District employee or serving official fails Alcohol and Drug Test, individual is automatically terminated without benefits.
B. Plaintiff cases when District of Columbia Government as Plaintiff: No test to subject, individual or Agency Director represented or hired or contracted independent Attorney General. Defendant can request drug test one per plaintiff and legal team who represents plaintiff (not to exceed 4 tests) during trial or before hearing. Results of Alcohol and Drug test can be admitted to any court or Judge.
4. Office of the Inspector General:
Tier One Support Staff (Armed or Unarmed) - Agents, Auditors, Inspectors, Analysts, and Investigators.
A. Unwarranted investigations. Each Investigator and authorizing supervisor)(s) for the duration of one per week Alcohol and Drug Test. Any person who fails Alcohol and Drug Test shall be automatically terminated without benefits.
B. Warranted, approval of Court only. One Alcohol and Drug Test of each individual who is a participant of investigating team.
5. Office of the Inspector General (Armed and Unarmed) – Contract Private Consultants, Contract Investigators and Auditors.
A. Unwarranted investigations. Absolute disclosure of names of investigators (armed or unarmed) and person of authority, Each Investigator and person(s) of authority, for the duration, one per week Alcohol and Drug Test. Any person who fails Alcohol and Drug Test shall be automatically terminated.
B. Warranted, approval of Court only. One Alcohol and Drug Test of each individual who is a participant of investigating team (armed or unarmed).
6, District of Columbia Parking Enforcement.
A. Unwarranted investigations. Absolute disclosure of names of investigators and person of authority (Director, serving official or elected official, Each Investigator and person(s) of authority, for the duration, one per week Alcohol and Drug Test. Any person who fails drug and alcohol shall be automatically terminated without benefits.
B. Any staff member, independent contractor and/or Government employee who issues District of Columbia parking tickets within authorized or unauthorized hours or after 6 PM shall be required along with Supervisor who authorizes order past standard work hours, to have a mandatory Alcohol and Drug Test weekly pending order. Failed Alcohol and Drug Test: automatic termination of individual.
3.0. Administers of Test
1. Defense Intelligence Agency
2. National Security Agency
i. Any identified Administer of tests has the right to add other US Agency(s) or any Departments, military or non military, to substitute personnel without congressional approval and oversight, to assist in testing of Candidate(s), Proposer(s), Petition Challenger(s), Serving Official(s), Elected or Appointed Agency Chief(s) and Director(s).
4.0 Witness of Tests
i. Witness of Test shall be selected randomly by the Administers of test on the day of notice to any candidate or serving officials for assignment request (1- 60 days or indefinite term).
Witness of test has absolute immunity from termination of Position or Department and from any Department Executive's, Supervisor's or Director's questions and public disclosure when serving.
1.0 Alcohol and Drugs Definition
Alcohol & Schedule I-IV(including synthetic marijuana) Controlled Substance.
1.1 Alcohol: Liquor, beer, wine, and other beverages containing alcohol, other than mouth wash.
1.2 Drugs: Schedule I-IV Controlled Substance. (Title 21 US Code Chapter 13 Sec. 812). and Synthetic Marijuana.
(a) Establishment
There are established five schedules of controlled drug and alcohols, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the drug and alcohols listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after October 27, 1970, and shall be updated and republished on an annual basis thereafter.
(b) Placement on schedules; findings required
Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate precursor, a drug or other drug and alcohol may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other drug and alcohol. The findings required for each of the schedules are as follows:
(1) Schedule I.—
(A) The drug or other drug and alcohol has a high potential for abuse.
(B) The drug or other drug and alcohol has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other drug and alcohol under medical supervision.
(2) Schedule II.—
(A) The drug or other drug and alcohol has a high potential for abuse.
(B) The drug or other drug and alcohol has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions.
(C) Abuse of the drug or other drug and alcohols may lead to severe psychological or physical dependence.
(3) Schedule III.—
(A) The drug or other drug and alcohol has a potential for abuse less than the drugs or other drug and alcohols in schedules I and II.
(B) The drug or other drug and alcohol has a currently accepted medical use in treatment in the United States.
(C) Abuse of the drug or other drug and alcohol may lead to moderate or low physical dependence or high psychological dependence.
(4) Schedule IV.—
(A) The drug or other drug and alcohol has a low potential for abuse relative to the drugs or other drug and alcohols in schedule III.
(B) The drug or other drug and alcohol has a currently accepted medical use in treatment in the United States.
(C) Abuse of the drug or other drug and alcohol may lead to limited physical dependence or psychological dependence relative to the drugs or other drug and alcohols in schedule III.
(5) Schedule V.—
(A) The drug or other drug and alcohol has a low potential for abuse relative to the drugs or other drug and alcohols in schedule IV.
(B) The drug or other drug and alcohol has a currently accepted medical use in treatment in the United States.
(C) Abuse of the drug or other drug and alcohol may lead to limited physical dependence or psychological dependence relative to the drugs or other drug and alcohols in schedule IV.
(c) Initial schedules of controlled drug and alcohols
Schedules I, II, III, IV, and V shall, unless and until amended [1] pursuant to section 811of this title, consist of the following drugs or other drug and alcohols, by whatever official name, common or usual name, chemical name, or brand name designated:
Schedule I
(a) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Acetylmethadol.
(2) Allylprodine.
(4) Alphameprodine.
(b) Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine.
(2) Acetyldihydrocodeine.
(3) Benzylmorphine.
(4) Codeine methylbromide.
(5) Codeine-N-Oxide.
(6) Cyprenorphine.
(7) Desomorphine.
(8) Dihydromorphine.
(9) Etorphine.
(10) Heroin.
(11) Hydromorphinol.
(12) Methyldesorphine.
(13) Methylhydromorphine.
(14) Morphine methylbromide.
(15) Morphine methylsulfonate.
(16) Morphine-N-Oxide.
(17) Myrophine.
(18) Nicocodeine.
(19) Nicomorphine.
(20) Normorphine.
(21) Pholcodine.
(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic drug and alcohols, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) 3,4-methylenedioxy amphetamine.
(2) 5-methoxy-3,4-methylenedioxy amphetamine.
(3) 3,4,5-trimethoxy amphetamine.
(7) 4-methyl-2,5-dimethoxyamphetamine.
(9) Lysergic acid diethylamide.
(13) N-ethyl-3-piperidyl benzilate.
(14) N-methyl-3-piperidyl benzilate.
(18) 4-methylmethcathinone (Mephedrone).
(19) 3,4-methylenedioxypyrovalerone (MDPV).
(20) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C–E).
(21) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C–D).
(22) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C–C).
(23) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C–I).
(24) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C–T–2).
(25) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C–T–4).
(26) 2-(2,5-Dimethoxyphenyl)ethanamine (2C–H).
(27) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C–N).
(28) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C–P).
(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
(2) In paragraph (1):
(A) The term “cannabimimetic agents” means any drug and alcohol that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes:
(i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
(ii) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
(iii) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
(iv) 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
(v) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
(i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP–47,497);
(ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP–47,497 C8-homolog);
(iii) 1-pentyl-3-(1-naphthoyl)indole (JWH–018 and AM678);
(iv) 1-butyl-3-(1-naphthoyl)indole (JWH–073);
(v) 1-hexyl-3-(1-naphthoyl)indole (JWH–019);
(vi) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH–200);
(vii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH–250);
(viii) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH–081);
(ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH–122);
(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH–398);
(xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);
(xii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);
(xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR–19 and RCS–4);
(xiv) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR–18 and RCS–8); and
(xv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH–203). Schedule II
(a) Unless specifically excepted or unless listed in another schedule, any of the following drug and alcohols whether produced directly or indirectly by extraction from drug and alcohols of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the drug and alcohols referred to in clause (1), except that these drug and alcohols shall not include the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) coca [3] leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the drug and alcohols referred to in this paragraph.
(b) Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Alphaprodine.
(2) Anileridine.
(3) Bezitramide.
(4) Dihydrocodeine.
(5) Diphenoxylate.
(6) Fentanyl.
(7) Isomethadone.
(8) Levomethorphan.
(9) Levorphanol.
(10) Metazocine.
(11) Methadone.
(12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane.
(13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid.
(14) Pethidine.
(15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.
(16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.
(17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.
(18) Phenazocine.
(19) Piminodine.
(20) Racemethorphan.
(21) Racemorphan.
(c) Unless specifically excepted or unless listed in another schedule, any injectable liquid which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers. Schedule III
(a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following drug and alcohols having a stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.
(2) Phenmetrazine and its salts.
(3) Any drug and alcohol (except an injectable liquid) which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers.
(4) Methylphenidate.
(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following drug and alcohols having a depressant effect on the central nervous system:
(1) Any drug and alcohol which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid.
(2) Chorhexadol.
(3) Glutethimide.
(4) Lysergic acid.
(5) Lysergic acid amide.
(6) Methyprylon.
(7) Phencyclidine.
(8) Sulfondiethylmethane.
(9) Sulfonethylmethane.
(10) Sulfonmethane.
(c) Nalorphine.
(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:(1) Not \\\\\\\\\\\\\\more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium.
(2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts.
(3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.
(4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(e) Anabolic steroids. Schedule IV
2.0 Test, Immunity and Termination Period
2.1 Administers of Test: Special United States Agencies with internal or external medical and/or laboratory testing capabilities independent of the District of Columbia Government.
2.11 Defense Intelligence Agency or any Division of Agency that has immunity from Congressional oversight and authority to test:
A. Candidates
B. Selected Agency Chief or Directors of the District of Columbia Government.
C. Petition Challenger(s)
D. Tier One Support Staff – District of Columbia Office of the Attorney General, District of Columbia Office of the Inspector General, Executive Office of the Mayor.
E. Tier One Support Contractors – Private investigators and Security Guards, Private Law Firms or individual Attorneys at Law.
2.12 National Security Administration or any Division of Agency that has immunity from Congressional oversight and authority to test:
A. Elected Serving Officials of the District of Columbia
B. Proposer(s) of Initiative or Referendum Measures for the District of Columbia
C. Voluntary Test – Candidate Positions or temporary replacement of elected officials or serving appointed officials
D. Temporary Replacements of Elected Officials of the District of Columbia Government by Lottery Drawings
2.13 Test Witness – District of Columbia Government Agency does not participate in Laboratory test results and must be present at the time of test and location of test.
.
A. District of Columbia Metropolitan Police Department- Narcotics Division
B. District of Columbia Metropolitan Police Department- Uniform Operations
C. District of Columbia Fire EMS
D. District of Columbia Department of Health
E. District of Columbia Department of Homeland Security and Emergency Management.
2.14 Random: Subject being tested will be notified between 8:00 AM and 8:30 AM of the day of test. Test to be administered between the hours 10:00AM to Council hearing ending at 441 4th St. NW, 1350 Pennsylvania Avenue NW, any District of Columbia Government leased and owned facilities within the borders of the United States of America or foreign countries.
2.15 Procedure: Portable Test Kit and/or breath analyzer, hair, blood, oral swab or urine sample.
2.16 Alcohol Testing: Breathalyzer not to exceed .08% .
2.17 Drug Testing: Schedule I-IV Drugs including Synthetic Marijuana.
2.18 Test Refusal: Individuals actions will be reported to the press, media, radio, television, internet and public, same or next day by press release to all major newspapers and broadcast stations by the District of Columbia Attorney General or Counsel Chairman.
A. Candidate – Automatic disqualification, with prejudice for a period of 8 years.
B. Petition Challenger(s) – Automatic disqualification with prejudice for a period of 10 years.
C. Serving officials - Automatic employment termination without benefits.
D. Emergency or Temporary Legislation - Automatic terminations of individual and vote.
E, Public or Legislation Meetings and Hearings - Automatic termination.
F. Declared Veto - Automatic termination of veto.
G. Proposer of Initiative or Referendum Measures - Automatic disqualification for a period of 8 years.
2.19 Public or Legislative Meetings and Hearings. Officials, who is voting or nonvoting, can be excused to be tested having had prior written notice on the day of the test.
2.20 Emergency or Temporary Legislation. All Officials will be tested without notice. Non Passing alcohol and drug test results – vote shall not be counted, and official to be automatically terminated without benefits (No immunity of Serving Elected Officials.)
2.21 Declared Veto. Subject tested 24 hours after declaration of veto at location of order – veto can be stricken or removed if fail Alcohol and Drug test.
2.22 Alcohol and Drug Test One test only.
2.23 Immunity: Special Exemption of Alcohol and Drug Test not to be conducted on individual until further notice or return to position.
i. Candidate(s)- No Immunity
ii. Proposer(s) of Initiative or Referendum Measures - No Immunity
iii. Petition Challenger(s) - No Immunity
iv. Chief of Staff – Immunity to vacate position or resign before mandatory Alcohol and Drug Test. Only to temporarily replace Elected Officials
v. Assistant District of Columbia Attorney General – Immunity to vacate position or resign before mandatory Alcohol and Drug Test. Refusal of position to replace elected District of Columbia Attorney General.
vi. Assistant Director or Assistant Chief of any selected agency next in line, tier one assistant of agency or department, can exercise refusal of position replacement of Director or Chief without Alcohol and Drug Test until Lottery drawing of position or appointment of temporary or interim Director or Chief of agency.
vii. Elected Serving Officials:
A. Vacation leave at the time of notification (maximum 30 days).
B. Prescription Medical Leave and Clinical Treatment.
C. Recess Period of Duties for District of Columbia Government (including holiday etc.).
D. Resignation before Alcohol and Drug Test.
vii. Serving Selected Agency Chiefs and Directors appointed to office
A. Vacation leave at the time of notification (maximum 30 days).
B. Prescription Medical Leave and Clinical Treatment
C. Resignation before Alcohol and Drug Test
2.24 Termination Period Penalties: Period of termination after failing Alcohol and Drug Test, not eligible to seek elected office of the District of Columbia, hold office, or seek employment; banned, in the stipulated time frame listed., from consulting or lobbying with
i. the District of Columbia Government or affiliated independent agencies, non profit and community organizations (classified by the Internal Revenue Services as501(c)3 or 501(c)4) who receive District of Columbia or Federal grants and independent prime contractors or affiliated companies, vendors, or
ii. subcontractors of any District of Columbia or Federal funded contracts of the District of Columbia Government agencies or affiliated independent agencies for the District of Columbia Government
2.25 Candidates – Any declared political party affiliation or non political party affiliation.
2.26 Congressional Seats
2.27 United States Shadow Representative – 2 years from test date
2.28 Delegate to the House of Representatives – 6 years from test date
2.29 United States Shadow Senator – 2 years from test date
2.30 Mayor of the District of Columbia – 4 years from test date
2.31 Council Chairman – 5 years from test date
2.32 Council Member At Large – 3 years from test date
2.33 Council Member At Large – 3 years from test date
2.34 Council Member At Large – 3 years from test date
2.35 Council Member At Large – 3 years from test date
2.36 Ward Council Members
2.37 Council Member - Ward 1 – 2 years from test date
2.38 Council Member - Ward 2 – 2 years from test date
2.39 Council Member - Ward 3 – 2 years from test date
2.40 Council Member - Ward 4 – 2 years from test date
2.41 Council Member - Ward 5 – 2 years from test date
2.42 Council Member - Ward 6 – 2 years from test date
2.43 Council Member - Ward 7 – 2 years from test date
2.44 Council Member - Ward 8 – 2 years from test date
2.45 Attorney General of the District of Columbia – 5 years from test date
2.46 Proposer or Initiative or Referendum – 5 years from test date
2.47 Petition Challenger – 4 years from test date
2.48 Serving Elected Officials
2.49 Congressional Seats
2.50 United States Shadow Representative – 3 years from test date
2.51 Delegate to the House of Representatives – 8 years from test date
2.52 United States Shadow Senator – 3 years from test date
2.53 Mayor of the District of Columbia – 5 years from test date
2.54 Council Chairman – 8 years from test date
2.55 Council Seats:
2.56 Council Member At Large – 5 years from test date
2.57 Council Member At Large – 5 years from test date
2.58 Council Member At Large – 5 years from test date
2.59 Council Member At Large – 5 years from test date
2.60 Ward Council Members
2.61 Council Member - Ward 1 – 4 years from test date
2.62 Council Member - Ward 2 – 4 years from test date
2.63 Council Member - Ward 3 – 4 years from test date
2.64 Council Member - Ward 4 – 4 years from test date
2.65 Council Member - Ward 5 – 4 years from test date
2.66 Council Member - Ward 6 – 4 years from test date
2.67 Council Member - Ward 7 – 4 years from test date
2.68 Council Member - Ward 8 – 4 years from test date
2.69 Attorney General of the District of Columbia – 15 years from test date
.
2.70 Agency Chiefs and Directors
2.71 District of Columbia Executive Office of the Mayor
A. Position of Deputy Mayors – 7 years from test date
2.72 District of Columbia Government Office of the Attorney General
A. Independent Contract Attorneys or Law firm – Terminated from Contract.
B. District of Columbia Government Assistant Attorney Generals – 8 years from test date.
2.73 District of Columbia Parking Enforcement
A. Director – 10 years from test date
B. Tier One Staff Members – 1 years from test date
C. Parking Enforcement Officers – 4 years from test date
2.74 District of Columbia Metropolitan Police Department
A. Chief – 15 years from test date
2.75 District of Columbia Government Homeland Security and Emergency Management
A. Director and Chief – 20 years from test date
B. Agents, Investigators, Inspectors and Analysts (Armed or Unarmed) – 20 years from test date
2.76 District of Columbia Inspector General
A. Inspector General – 15 years from test date.
2.77 District of Columbia Fire Department
A. Chief – 10 years from test date
2.78 District of Columbia Department of Transportation
A. Director – 8 years from test date
B. General Counsel – 6 years from test date
C. Contract Officer(s) – 10 years from test date
2.79 District of Columbia Department of Public Works
A. Director – 10 years from test date
B. General Counsel – 6 years from test date
C. Contract Officer(s) – 10 years from test date
2.80 District of Columbia Office of the Chief Financial Officer
A. Chief Financial Officer – 15 years from test date
2.81 District of Columbia Department of Health
A. Director – 7 years from test date
2.82 District of Columbia Department of Consumer and Regulatory Affairs
A. Director – 6 years from test date
B. General Counsel – 5 years from test date
2.83 District of Columbia Public Schools
A. Superintendent – 8 years from test date
B. Chancellor – 5 years from test date
C. Chief of Staff – 4 years from test date
D. General Counsel – 5 years from test date
2.84 Office of Small and Local Business Development
A. Director – 7 years from test date
B. General Counsel – 5 years from test date
2.85 District of Columbia Water
A. General Manager – 15 years from test date
B. General Counsel – 10 years from test date
C. Board of Directors – 8 years from test date
2.86 District of Columbia Public Service Commission
A. Chairperson (Chairman) – 15 years from test date
B. Commissioners – 8 years from test date
C. General Counsel – 10 years from test date
2.87 District of Columbia Board of Elections and Ethics
A. Chairman – 20 years from test date
B. Board Members – 8 years from test date
C. General Counsel – 10 years from test date
3.0 Candidate(s), Proposer(s), Petition Challenger(s)
3.1 Congressional Seats
3.11 United States Shadow Representative (Article 1 Sec. 2 U.S. Constitution)
3.12 Delegate to the House of Representatives (DC Official Code 1-401)
3.13 United States Shadow Senator (Article 1 Sec. 3 U.S. Constitution)
3.2 Mayor of the District of Columbia (DC Official Code 1-204.21)
3.3 Council Chairman (DC Official Code §§ 1-204.02 and 1.204.03)
3.4 Council Seats:
3.41 Council Member At Large (DC Official Code 1-204.02)
3.42 Council Member At Large (DC Official Code 1-204.02)
3.43 Council Member At Large (DC Official Code 1-204.02)
3.44 Council Member At Large (DC Official Code 1-204.02)
3.5 Ward Council Members
3.51 Council Member - Ward 1 (DC Official Code 1-204.02)
3.52 Council Member - Ward 2 (DC Official Code 1-204.02)
3.53 Council Member - Ward 3 (DC Official Code 1-204.02)
3.54 Council Member - Ward 4 (DC Official Code 1-204.02)
3.56 Council Member - Ward 5 (DC Official Code 1-204.02)
3.57 Council Member - Ward 6 (DC Official Code 1-204.02)
3.58 Council Member - Ward 7 (DC Official Code 1-204.02)
3.59 Council Member - Ward 8 (DC Official Code 1-204.02)
3.60 Attorney General of the District of Columbia DC Official Code 1-201.83.
3.61 Voluntary Test: Optional procedure for candidate who seeks office to be tested for Alcohol and Drugs after declaration of position sought, one test same day declaring candidacy.
Candidate must pass Alcohol and Drug Test in order to have automatic ballot access and be exempt from petition signature requirements for position seeking.
If fail test, candidate to be disqualified.
3.62 Petition Challenger(s) Title 3 DCMR Chapter 10 §1006:
i. Any individual, company, law firm, profit or nonprofit foundation, PAC, political party, special interest group, trade union, activist group, community organization, unions and lobbyists, etc. whom challenges petitions filed by any candidate seeking any position shall take a mandatory alcohol and drug test, day of filing petition to DCBOEE Petition challenger must take one Alcohol and Drug Test and pass as an individual and shall have a right to transfer challenge to law firm, private consultant, any registered business, etc. of the District of Columbia. All staff members, employees, executive directors or owners of entity located in the District of Columbia, must take and pass one Alcohol and Drug Test in who are current employees or Directors of organization at the filing time period of challenger, (all must pass Alcohol and Drug Test in order for the challenger's transfer to be accepted by DCBOEE.
ii. Results by test administers, submitted to DCBOEE and District of Columbia Court of Appeals within 1-8 hours of test.
iii. Failure of test is automatic disqualification and dismissal with prejudice, by DCBOEE and District of Columbia Court of Appeals from any future challenges for a period of 4 year.
iv. If entity is a business or any other organization it must be registered by the District of Columbia Consumer and Regulatory Affairs, one year before challenge if corporation, L.L.C. or 10 days before hearing as sole proprietor.
3.63 Proposer(s) Title 3 DCMR Chapter 10 §1012 :
i. Any individual, company, law firm, profit or nonprofit foundation, PAC, political party, special interest group, trade union, activist group, community organization, unions and lobbyists, whom proposes initiatives or referendum measures, challenges petitions filed by any candidate seeking any position shall take a mandatory Alcohol and Drug Test, day of filing initiative or referendum to DCBOEE Proposer must take one Alcohol and Drug Test and pass as an individual and shall have a right to transfer challenge to law firm, private consultant, any registered business of the District of Columbia. All staff members, employees, executive directors or owners of entity located in the District of Columbia, must take and pass one Alcohol and Drug Test in order for the proposer's transfer to be accepted by DCBOEE.
ii. Results by test administers, submitted to DCBOEE and District of Columbia Court of Appeals within 1-8 hours of transfer.
iii. Failure of test is automatic dismissal with prejudice, by DCBOEE and District of Columbia Court of Appeals from any initiative or referendum measures of topic filed for a period of 1 year.
iv. If entity is a business or any other organization it must be registered by the District of Columbia Consumer and Regulatory Affairs, one year before challenge if corporation, L.L.C. or 10 days before hearing as sole proprietor.
3.64 Declared Winners: Announcement by DCBOEE
i. Primary Election
A. Democratic Party: One Alcohol and Drug Test of candidate of highest voting percent of position seeking.
B. Independent/No Party: All candidates declared, one Alcohol and Drug Test on day of declaration or primary election. No percentage or margin vote for position seeking.
C. Republican Party: One Alcohol and Drug Test of candidate of highest voting percent position seeking.
D. Liberation Party: One Alcohol and Drug Test of candidate of highest voting percent position seeking.
E. Statehood Green: One Alcohol and Drug Test of candidate of highest voting percent position seeking.
F. All Other(s): All candidates declared, one Alcohol and Drug Test on day of declaration. No percentage or margin vote for position seeking.
ii. General Election: Declared winner of largest voting percentage as per DCBOEE announcement for position shall take Alcohol and Drug Test within 24 hours.
A. Write in(s): One Alcohol and Drug Test of candidate on same day of declaring position at DCBOEE.
iii. Special Election: Declared winner of highest voting percentage, mandatory Alcohol and Drug Test within 24 hours of DCBOEE notice.
A. Write in(s): One Alcohol and Drug Test of candidate on same day of declaring position at DCBOEE.
3.65 Fail test:
A. Primary Election: Advance to competing candidate of party affiliation who can pass Alcohol and Drug Test One test only per candidate, All candidates of party must appear for Alcohol and Drug Test selection 24 hour notice. Failure to appear for test is automatic disqualification.
B. General Election: Advance to opposite political party, or no-political party, write-in with highest percentage competing for position. One test per candidate, within 24 hours. All candidates who sought position must appear at designated time for Alcohol and Drug Test. Failure to appear for test results is automatic disqualification.
C. Special Election: Advance to any candidate passing the test regardless of party with highest voting percentage margin. One test per candidate, 24 hours after notice. All candidates must appear for Alcohol and Drug Test. Failure to appear is automatic disqualification.
3.66 Pre Medical Condition. Any candidate with prescription for use of a Schedule I-IV shall be off of prescribed drug(s) before competing or winning any office sought before declaration of candidacy to DCBOEE.
4.0 Serving Officials Random Tests - Elected Officials
4.1 Definition: Per year by position to be tested at offices of Federal buildings, District of Columbia Government owned or leased facilities. If elected officials are conducting meetings at residence on behalf of the District of Columbia Government, test can be conducted at location, not limited to any state in the United States of America or International territories.
4.2 Congressional Seats
4.11 United States Shadow Representative (2 per year)
4.12 Delegate to the US House of Representatives (3 per year)
4.13 United States Shadow Senator (2 per year)
4.14 United States Shadow Senator (2 per year)
4.3 Mayor for the District of Columbia: (2 per year), additional test to include: submitting yearly budget request to Congress, declaring curfews, declaring marshal law, declaring vetoes, authorized unwarranted internal investigations of citizens of the District of Columbia or employees of the District of Columbia Government or the United States of America.
4.4 Council Chairman (8 per year)
4.5 Attorney General (10 per year)
4.6 Council Chairman Pro-Tempore (6 per year)
4.7 Council Seats:
4.80 Council Members At Large
4.81 Council Member At Large (4 per year)
4.82 Council Member At Large (4 per year)
4.83 Council Member At Large (4 per year)
4.84 Council Member At Large (4 per year)
4.85 Ward Council Members
4.86 Council Member - Ward 1 (3 per year)
4.87 Council Member - Ward 2 (3 per year)
4.88 Council Member - Ward 3 (3 per year)
4.89 Council Member - Ward 4 (3 per year)
4.90 Council Member - Ward 5 (3 per year)
4.91 Council Member - Ward 6 (3 per year)
4.92 Council Member - Ward 7 (3 per year)
4.93 Council Member - Ward 8 (3 per year)
4.94 Breathalyzer. not to exceed .08%. May fail one test.
4.95 Alcohol and Schedule I-IV Controlled Drugs (including synthetic marijuana).
5.0 Administrative Medical Prescription Leave or Clinical Treatment Elected Officials
5.1 Employee Leave Use: Employed Elected Official shall have use not to exceed one option leave per elected term only. Employee (Elected Official) and seat shall be held for individual until medical leave or clinical treatment is completed. Employee (Elected Official) shall take one mandatory Alcohol and Drug Test before returning to position.
5.2 Purpose: Administrative Medical Prescription Leave or Clinical treatment for up to 160 days. Must have licensed U.S. physician to prescribe any drug use of Schedule I-IV Controlled Substance for health reasons or clinical treatment.
5.30 Ward Council Members (Wards 1 through 8)
i. Administrative Medical Leave for 1 to 90 days. Chief of Staff, must pass mandatory Alcohol and Drug Test before individual is granted voting and signing authority for a period of 14 days, or Chief of Staff can vacate position or if individual does not pass test, employee will not be eligible for the position. The position shall be filled by former candidate(s) (participant of General Election or Special Election) who are active registered voters of the District of Columbia, who competed against the sitting member or current ANC member(s) of the Ward who are the reserve group of seekers, in a random lottery drawing by the Attorney General of the District of Columbia all individuals whom volunteer their name to be considered for Temporary Ward Council Member position. Temporary Ward Council Member must be able to pass an Alcohol and Drug Test at the time of lottery. Temporary Ward Council Member shall be sworn in by the District of Columbia Attorney General.
ii. Temporary position shall have Governing Authority to 90 days maximum to the winning participant such as: Chief of Staff, former candidates or ANC of Ward, by lottery drawing, has voting and signing authority until medical examination determines Ward Council Member fit to return for governing and authority duties for the District of Columbia Government
iii. If condition is non recoverable Complete resignation of position with all benefits in place, and Special Election to take place by DCBOEE regulations.
5.31 Council Chairman
i. Administrative Prescription Medical Leave or Clinical Treatment for 1 to 150 days. Chief of Staff must take and pass mandatory Alcohol and Drug Test before individual is granted voting and signing authority for a period of 14 days. Chief of Staff can vacate position. If individual does not pass test, employee will not be eligible for the position. The position shall be filled by former candidate(s) (participant of General Election or Special Election) who are active registered voters of the District of Columbia, who competed against the sitting member in the election year which Council Chairman was declared winner, ANC member(s) of the Ward who are the reserve group of seekers, in a random lottery drawing by the Attorney General of the District of Columbia all individuals whom volunteer their name to be considered for Temporary Council Chairman position. Must be able to pass an Alcohol and Drug Test at the time of lottery. Temporary Council Chairman shall be sworn in by any active sitting Judge of the District of Columbia Superior Court or Judge of the District of Columbia Court of Appeals.
ii. Temporary position shall have Governing Authority to 150 days maximum to the winning participant such as: Chief of Staff, former candidates or ANC of Ward, by lottery drawing, has voting, signing authority, repeal authority and emergency and temporary legislative authority, until medical examination determines Council Chairman fit to return for governing and authority duties for the District of Columbia Government
iii. If condition of Council Chairman is non recoverable complete resignation of position with all benefits in place, and Special Election to take place by DCBOEE regulations.
5.32 Council Chairman Pro Tempore
i. Administrative Prescription Medical Leave or Clinical Treatment for 1 to 110 days. Chief of Staff must take and pass mandatory Alcohol and Drug Test before individual is granted voting and signing authority for a period of 14 days. Chief of Staff can vacate position. If individual, does not pass test, employee will not be eligible for the position.
The position shall be filled by former candidates (participant of General Election or Special Election) who are active registered voters of the District of Columbia, who competed against the sitting member or current ANC member(s) of the Ward who are the reserve group of seekers, in a random lottery drawing by the Attorney General of the District of Columbia all individuals whom volunteer their name to be considered for Temporary Council Member position. Temporary Council Chairman Pro Tempore must be able to pass an Alcohol and Drug Test at the time of lottery. Temporary Council Chairman Pro Tempore to be sworn in by any active sitting Judge of the District of Columbia Superior Court.
ii. Temporary position shall have Governing Authority to 110 days maximum to the winning participant such as Chief of Staff, former candidate(s) or ANC of Ward, by lottery drawing, has voting and signing authority until medical examination determines Council Member fit to return for governing and authority duties for the District of Columbia Government
iii. If condition of Council Chairman Pro Tempore is non recoverable complete resignation of position with all benefits in place, and Special Election to take place by DCBOEE regulations.
5.33 Council Members at Large
i. Administrative Prescription Medical Leave or Clinical Treatment for 1 to 100 days. Chief of Staff must take and pass mandatory Alcohol and Drug Test before individual is granted voting and signing authority for a period of 14 days. Chief of Staff can vacate position. If individual, does not pass test, employee will not be eligible for the position.
The position shall be filled by former candidates (participant of General Election or Special Election) who are active registered voters of the District of Columbia, who competed against the sitting member, ANC member(s) of the Ward who are the reserve group of seekers, in a random lottery drawing by the Attorney General of the District of Columbia all individuals whom volunteer their name to be considered for Temporary Council Member at Large position. Temporary Council Member at Large must be able to pass an Alcohol and Drug Test at the time of lottery. Temporary Council at Large shall be sworn in by any District of Columbia Superior Court Judge.
ii. Temporary position shall have Governing Authority to 100 days maximum, to the winning participants, such as Chief of Staff, former candidates or ANC of Ward, by lottery drawing, has voting and signing authority until medical examination determines Council Member at Large fit to return for governing and authority duties for the District of Columbia Government
iii. If condition is non recoverable, complete resignation of position with all benefits in place, and Special Election to take place by DCBOEE regulations.
5.34 Attorney General
i. Administrative Prescription Medical Leave or Clinical Treatment for 1 to 160 days. Assistant Attorney General of the District of Columbia Government must take and pass mandatory Alcohol and Drug Test before individual is granted voting and signing authority for a period of 14 days. The Assistant Attorney General of the District of Columbia Government can vacate position. If individual, does not pass test, employee will not be eligible for the position. The position shall be filled by former candidates (participant of General Election or Special Election) who are active registered voters of the District of Columbia, who competed against the sitting member or current ANC, individual(s) of the Ward who are the reserve group of seekers, in a random lottery drawing by the Attorney General of the District of Columbia all individuals whom volunteer their name to be considered for Temporary Council Member position. Temporary Attorney General must be able to pass an Alcohol and Drug Test at the time of lottery.
Temporary Attorney General shall be sworn in by any sitting District of Columbia Superior Court or District of Columbia Court of Appeals Judge.
ii. Temporary position shall have Governing Authority to 160 days maximum to the winning participants susch as: Chief of Staff, former candidates or ANC of Ward, by lottery drawing, has voting and signing authority until medical examination determines Attorney General fit to return for governing and authority duties for the District of Columbia Government
iii. If condition is non recoverable complete resignation of position with all benefits in place, and Special Election to take place by DCBOEE regulations.
Current tier one Assistant Attorney General to automatically fill position after test, if Temporary Assistant Attorney General fails Alcohol and Drug Test or refuses to be tested. Lottery drawing shall take place within 48 days.
5.35 Mayor
i. Administrative Medical Leave for 1 to 90 days. Chief of Staff has voting and signing authority for a period of 14 days, by passing Alcohol and Drug Test.
The position shall be filled by current Council Chairman who is automatically placed after passing Alcohol and Drug Test. If Council Chairman fails Alcohol and Drug Test or refuses to be tested. Lottery drawing shall take place within 72 hours.
The position shall be selected by 3 stages lottery drawings of former candidate(s) with 1st and 2nd Reserve Groups, which will be considered as participants at lottery drawing for temporary seat.
1. Mayoral candidates regardless of party or voting percentage, minimum of one participants.
2. 1st Reserve Participants – (Minimum of 1), former Council Chairman Candidate(s) of election year of sitting Mayor. If Mayoral candidates do not pass Alcohol and Drug Test or non active or participation
3. 2nd. Reserve Participants – (Minimum of 1) ANC member city wide active registered voter in the District of Columbia. If 1st Reserve Group does not participate or Group cannot pass Alcohol and Drug Test:
Former Candidates (participants of General Election or Special Election) who are active registered voters of the District of Columbia, who competed against the sitting member or current ANC, individual(s) of the Ward who are the reserve group of seekers, in a random lottery drawing by the Attorney General of the District of Columbia Government. All individuals whom volunteer their name to be considered for Temporary Mayor position. Temporary Mayor must be able to pass Alcohol and Drug Test at the time of name selection to hold the seat. If not present, automatically disqualified.
Interim Mayor shall be sworn in by any sitting District of Columbia Superior Court or District of Columbia Court of Appeals Judge.
ii. Temporary position shall have Governing Authority to 90 days maximum, to the winning participants such as: Chief of Staff, former candidates or ANC of Ward, by lottery drawing. Position has voting, signing authority, appointing agency Directors and chiefs authority and, veto authority, until medical examination determines Mayor fit to return for governing and authority duties for the District of Columbia Government
iii. If condition is non recoverable, complete resignation of position with all benefits in place, and Special Election to take place by DCBOEE regulations.
5.36 United States Shadow Representative
i. Administrative Prescription Medical Leave or Clinical Treatment for 1 to 60 days. Chief of Staff must take and pass mandatory Alcohol and Drug Test before individual is granted voting and signing authority for a period of 14 days. Chief of Staff can vacate position. If individual, does not pass test, employee will not be eligible for the position.
The position shall be filled by former candidates (participant of General Election or Special Election) who are active registered voters of the District of Columbia, who competed against the sitting member or current ANC, individual(s) of the Ward who are the reserve group of seekers, in a random lottery drawing by the Attorney General of the District of Columbia all individuals whom volunteer their name to be considered for Temporary United States Shadow Representative position. Temporary United States Shadow Representative must be able to pass an Alcohol and Drug Test at the time of lottery.
United States Shadow Representative shall be sworn in by any sitting District of Columbia Superior Court or District of Columbia Court of Appeals Judge.
ii. Temporary position shall have Governing Authority to 60 days maximum, to the winning participants such as: Chief of Staff, former candidates or ANC of Ward, by lottery drawing, has voting and signing authority until medical examination determines United States Shadow Representative fit to return for governing and authority duties for the District of Columbia Government
iii. If condition is non recoverable, complete resignation of position with all benefits in place, and Special Election to take place by DCBOEE regulations.
5.37 Delegate to the US House of Representatives
i. Administrative Prescription Medical Leave or Clinical Treatment for 1 to 100 days. Chief of Staff must take and pass mandatory Alcohol and Drug Test before individual is granted voting and signing authority for a period of 14 days. Chief of Staff can vacate position. If individual, does not pass test, employee will not be eligible for the position.
The position shall be filled by former candidates (participant of General Election or Special Election) who are active registered voters of the District of Columbia, who competed against the sitting member (2 year experience of participating) or current individual(s) who are the reserve group of seekers (4 year experience of participating), in a random lottery drawing by the Attorney General of the District of Columbia all individuals whom volunteer their name to be considered for Temporary Delegate to the US House of Representatives position. Temporary Delegate to the US House of Representatives must be able to pass an Alcohol and Drug Test at the time of lottery.
Delegate to the US House of Representatives shall be sworn in by any sitting District of Columbia Superior Court or District of Columbia Court of Appeals Judge.
A. 1st Drawing - any former candidate(s) who is an active registered voter in the District of Columbia (Minimum of 1). Must have had ballot access of General Election year of member was declared winner.
2nd Reserve – Former candidate(s) of District of Columbia Mayor race of the election year sitting member (Minimum of 1) Must have had ballot access of General Election year of member was declared winner.
3rd Reserve – Former candidate(s) of District of Columbia Council Chairman (Minimum of 1). Must have had ballot access of General Election year of member was declared winner.
ii. Temporary position shall have Governing Authority to 100 days maximum to the winning participants such as: Chief of Staff, former candidates or ANC of Ward, by lottery drawing, has voting, signing authority, and authority to attend and chair committee hearings, until medical examination determines Delegate to the US House of Representatives fit to return for position governing duties and representing the District of Columbia Government
iii. If condition is non recoverable complete resignation of position with all benefits in place, and Special Election to take place by DCBOEE regulations.
5.38 United States Shadow Senator
i. Administrative Prescription Medical Leave or Clinical Treatment for 1 to 60 days. Chief of Staff must take and pass mandatory Alcohol and Drug Test before individual is granted voting and signing authority for a period of 14 days. Chief of Staff can vacate position. If individual, does not pass test, employee will not be eligible for the position.
The position shall be filled by former candidates (participant of General Election or Special Election) who are active registered voters of the District of Columbia, who competed against the sitting member or current ANC, individual(s) of the Ward who are the reserve group of seekers, in a random lottery drawing by the Attorney General of the District of Columbia all individuals whom volunteer their name to be considered for Temporary United States Shadow Senator position. Temporary United States Shadow Senator must be able to pass an Alcohol and Drug Test at the time of lottery.
United States Shadow Senator shall be sworn in by any sitting District of Columbia Superior Court or District of Columbia Court of Appeals Judge.
ii. Temporary position shall have Governing Authority Leave to 60 days maximum to the winning participants such as: Chief of Staff, former candidates or ANC of Ward, by lottery drawing, has voting and signing authority until medical examination determines United States Shadow Senator fit to return for governing, authority duties and representing the District of Columbia Government
iii. If condition is non recoverable complete resignation of position with all benefits in place, and Special Election to take place by DCBOEE regulations.
6.0 Serving Officials - Random Tests
(Agency Chiefs and Directors Appointed to Office)
6.0 Definition: Per year by position to be tested at office(s) of the District of Columbia Government owned or leased facilities not limited to any state in the United States of America or International territories If conducting meetings at residence on behalf of the District of Columbia Government official can be tested at location,
6.1 Agency Chiefs and Directors
6.11 District of Columbia Executive Office of the Mayor
A. Position of Deputy Mayors (4 tests per year)
6.12 District of Columbia Government Assistant Attorney General
A. Independent contract attorneys or Law firm (8 tests per year or 1 per Court Hearing)
B. District of Columbia Government Assistant Attorney Generals (6 tests per year).
6.13 District of Columbia Parking Enforcement
A. Director (10 tests per year)
B. Tier One Staff Members (3 tests per year)
C. Parking Enforcement Officers (8 tests per year)
6.14 District of Columbia Metropolitan Police Department
A. Chief (10 tests per year)
6.15 District of Columbia Government Homeland Security and Energy Management
A. Director and Chief (10 tests per year)
B. Agents, Investigators, Inspectors and Analysts (Armed or Unarmed) (4 tests per year)
6.16 District of Columbia Inspector General
A. Inspector General (10 tests per year).
6.17 District of Columbia Fire Department
A. Chief (10 tests per year)
6.18 District of Columbia Department of Transportation
A. Director (10 tests per year)
B. General Counsel (6 tests per year)
C. Contract Officer(s) (10 tests per year)
6.19 District of Columbia Department of Public Works
A. Director (10 tests per year)
B. General Counsel (6 tests per year)
C. Contract Officer(s) (10 tests per year)
6.20 District of Columbia Office of the Chief Financial Officer
A. Chief Financial Officer. (10 tests per year)
6.21 District of Columbia Department of Health
A. Director (6 tests per year)
6.22 District of Columbia Department of Consumer and Regulatory Affairs
A. Director (8 tests per year)
B. General Counsel (6 tests per year)
6.23 District of Columbia Public Schools
A. Superintendent (6 tests per year) or
B. Chancellor (6 tests per year)
C. Chief of Staff (4 tests per year)
D. General Counsel (6 tests per year)
6.24 Office of Small and Local Business Development
A. Director (8 tests per year)
B. General Counsel (tests 6 per year)
6.25 District of Columbia Water
A. General Manager (tests 10 per year)
B. General Counsel (tests 6 per year)
C. Board of Directors (tests 4 per year)
6.26 District of Columbia Public Service Commission
A. Chairperson (Chairman) (8 tests per year)
B. Commissioners (5 tests per year)
C. General Counsel (6 tests per year)
6.27 District of Columbia Board of Elections and Ethics
A. Chairman (10 tests per year)
B. Board Members (6 tests per year)
C. General Counsel (8 tests per year)
6.28 Random: Subject being tested will be notified between at 9:00 AM and 9:30 AM of the day of test. Test to be administered between the hours 11:00AM to 6 PM.
6.29 Benefit Option Any serving officials of the District of Columbia Government who resigns up to 1 hour before Alcohol and Drug Test shall have rights and access to full benefits..
6.30 Failed Test: Automatic termination of individual and employment position without benefits..
6.31 Breathalyzer not to exceed .08%. May fail one test.
6.32 Drug Test: Schedule I-IV Controlled Drugs including Synthetic Marijuana. May not fail one test.
7.0 Administrative Medical Prescription Leave or Clinical Treatment Selected Agencies Appointed Chief and Directors
7.10 Purpose: Administrative Medical Prescription Leave or Clinical Treatment for up to 1-100 days. Must have licensed U.S. physician to prescribe any drug use of Schedule I-IV Controlled Substance for health reasons or clinical treatment.
7. 11 Leave Use: Medical Prescription Leave or Clinical Treatment can only be used (1) time per 4 years.
7.12 Temporary Directors
i. Replacement of Agency Chiefs or Directors.
All temporary Director(s) or Chief(s) of agencies for the District of Columbia Government must take a mandatory Alcohol and Drug Test on the day of request by Director or Chief of agency for Administrative Medical Prescription Leave or Clinical Treatment.
ii. If Assistant Director, Deputy etc. second in line of the Executive Director or Chief of any agency of the District of Columbia Government fails Alcohol and Drug Test, employee shall be not eligible for Temporary Director position of an agency and will be terminated without benefits. Deputy Mayor's Office staff member will serve agency after passing Alcohol and Drug Test.
iii. Reserve 2nd Tier or staff can volunteer name to be drawn in a lottery within 7 days of being posted by agency at stipulated time and date of drawing of lottery administered by Council Chairman of the District of Columbia Government and witnessed by employee union representative.
7.13 Agency Chiefs and Directors
7.14 District of Columbia Executive Office of the Mayor
A. Position of Deputy Mayors - 60 days per 4 years
7.15 District of Columbia Government Assistant Attorney General
A. Independent contract attorneys or Law firm 0 days per 4 years
B. District of Columbia Government Assistant Attorney Generals
50 days per 4 years.
7.16 District of Columbia Parking Enforcement
A. Director - 100 days per 4 years
B. Tier One Staff Members - 40 days per 4 years
C. Parking Enforcement Officers - 60 days per 4 years
7.17 District of Columbia Metropolitan Police Department
A. Chief - 100 days per 4 years
7.18 District of Columbia Government Homeland Security and Energy Management
A. Director and Chief - 100 days per 4 years
B. Agents, Investigators, Inspectors and Analysts (Armed or Unarmed)
- 50 days per 4 years
7.19 District of Columbia Inspector General
A. Inspector General - 100 days per 4 years.
7.20 District of Columbia Fire Department
A. Chief - 100 days per 4 years
7.21 District of Columbia Department of Transportation
A. Director - 100 days per 4 years
B. General Counsel - 50 days per 4 years
C. Contract Officer(s) - 100 days per 4 years
7.22 District of Columbia Department of Public Works
A. Director - 100 days per 4 years
B. General Counsel - 50 days per 4 years
C. Contract Officer(s) - 100 days per 4 years
7.23 District of Columbia Office of the Chief Financial Officer
A. Chief Financial Officer - 100 days per 4 years
7.24 District of Columbia Department of Health
A. Director - 50 days per 4 years
7.25 District of Columbia Department of Consumer and Regulatory Affairs
A. Director - 60 days per 4 years
B. General Counsel - 50 days per 4 years
7.26 District of Columbia Public Schools
A. Superintendent - 50 days per 4 years
B. Chancellor - 50 days per 4 years
C. Chief of Staff - 40 days per 4 years
D. General Counsel - 50 days per 4 years
7.27 Office of Small and Local Business Development
A. Director - 70 days per 4 years
B. General Counsel - 50 days per 4 years
7.28 District of Columbia Water
A. General Manager - 70 days per 4 years
B. General Counsel - 50 days per 4 years
C. Board of Directors - 30 days per 4 years
7.29 District of Columbia Public Service Commission
A. Chairperson (Chairman) - 70 days per 4 years
B. Commissioners - 30 days per 4 years
C. General Counsel - 50 days per 4 years
7.30 District of Columbia Board of Elections and Ethics
A. Chairman - 70 days per 4 years
B. Board Members - 30 days per 4 years
C. General Counsel - 60 days per 4 years
8.0 Lottery Drawings for Temporary Positions
8.1 Purpose: Procedures for Temporary Non Elected Employment by special drawing.
A. Chief of Staff fails Alcohol and Drug Test during replacement of Elected Official for Administrative Medical Prescription Leave or Clinical Treatment
B. Elected Official fails Alcohol and Drug Test.
8.2. Ward Council Members:
Any former candidate(s) of a General Election or Special Election (must be an active District of Columbia voter), or ANC reserve participants regardless of political affiliation can submit a sealed envelope with their name and address to the lottery drawing. Before the stipulated time of drawing. An envelope will be drawn by the Attorney General of the District of Columbia and Chairman, and witnessed by Chairman of the Council.
Employment term:
1 Medical Prescription Leave Period or Clinical Treatment: Paid with benefits..
2. Special Election Period: Paid with benefits.
A. Must have a minimum of (1) former candidate or a reserve of ANC members. members, before time line expiration date and time of ballot drawing for position.
B. Sealed envelope selected from lottery box by the Attorney General of the District of Columbia (Elected) will be opened and the name of the former candidate(s) for temporary Ward member will be spoken aloud to the attending public audience, media and/or press coverage.
i. First Drawing Group – Former candidate(s),. (Minimum of 1)
ii. Reserve Drawing Group – Selected if no participant(s) show or all fail Alcohol and Drug Test
C. Alcohol and Drug Test will be given to the selected first drawing participant(s) or Reserve participant(s), by an Administer of the test. If subject fails test, proceed with next drawing until new selected individual passes test.
8.3 Council-at-Large:
Employment term:
1 Medical Prescription Leave Period: Paid with benefits..
2. Clinical Treatment: Paid with benefits.
3. Special Election Period: Paid with benefits.
Any former candidate(s) of a Special Election or General Election,( must be an active District of Columbia voter), against sitting Council-At-Large member can submit a sealed envelope with their name and address to a lottery for drawing before time to submit for drawing. Envelope will be drawn by Council Chairman and witnessed by elected District of Columbia Attorney General.
Employment Term:
A. Must have minimum of (1) former candidate or reserve of ANC members. 1-unlimited before time line expiration of ballot drawing for position
B. Sealed envelope selected from lottery box by Attorney General of the District of Columbia (Elected) will be opened and the name of the former candidate(s) for Council-at-Large and Reserve Group of ANC city wide members, if no former Council at Large candidate(s) volunteers for drawing), will be spoken aloud to the attending public audience, media and/or press coverage.
.
i. First Drawing Group – Former candidate(s),. (Minimum of 1)
ii. Reserve Drawing Group – Selected if no participant(s) show or all fail Alcohol and Drug Test
C. Alcohol and Drug Test will be given to the selected first drawing participant(s) or Reserve participant(s), .the spot by an Administer of the test. If subject fails test, proceed with next drawing until new selected individual passes test
8.4 Council Chairman:
Employment term:
1 Medical Prescription Leave Period: Paid with benefits..
2. Clinical Treatment: Paid with benefits.
3. Special Election Period: Paid with benefits.
Any former candidate(s) of a Special Election or General Election, whichever applies, and ANC Reserve list of participants against sitting Council Chairman, can submit a sealed envelope with their name and address to lottery for drawing before time to submit for drawing. Envelope will be drawn by Council chairman and witnessed by elected District of Columbia Attorney General and Chief District of Columbia Superior Court Judge
.
A. Must have minimum of (1) former candidate or reserve of ANC members. 1-unlimited before time line expiration of ballot drawing for position
B. Sealed envelope selected from lottery box by Attorney General of the District of Columbia (Elected) will be opened and the name of the former candidate(s) for Council Chairman and Reserve Group of ANC city wide members ( if not former Council Chairman candidate(s) volunteers for drawing) will be spoken aloud to the attending public audience, media and/or press coverage..
i. First Drawing Group – Former candidate(s),. (Minimum of 1)
ii. Reserve Drawing Group – Selected if no participant(s) show or all fail Alcohol and Drug Test
C. Alcohol and Drug Test will be given to the selected first drawing participant(s) or Reserve participant(s), .the spot by an Administer of the test. If subject fails test, proceed with next drawing until new selected individual passes test
.
8.5 Mayor: Lottery drawing applies if Council Chairman cannot pass an Alcohol and Drug Test at the time of position reappointment to Mayor seat..
8.6 Attorney General
Any former candidate(s) of Special Election or General Election who are active District of Columbia voters who competed against sitting elected District of Columbia Attorney General, can submit a sealed envelope with their name and address to lottery for drawing before time to submit for drawing. Envelope will be drawn by Council Chairman and witnessed by the Mayor of the District of Columbia.
Employment Term:
1 Medical Prescription Leave Period: Paid with benefits..
2. Clinical Treatment: Paid with benefits.
3. Special Election Period: Paid with benefits.
A. Must have minimum of (1) former candidate or reserve of ANC members. 1-unlimited before time line expiration of ballot drawing for position
B. Sealed envelope selected from lottery box by Council Chairman of the District of Columbia (Elected) will be opened and the name of volunteer(s) for the drawing: the former candidate(s) for District of Columbia Attorney General or Reserve List of Reserve Group of ANC city wide members (ANC member who must be registered as a District of Columbia Attorney will be spoken aloud to the attending public audience, media and/or press coverage..
i. First Drawing Group – Former candidate(s),. (Minimum of 1)
ii. Reserve Drawing Group – (Minimum of 1) Selected if no participant(s) show or all fail Alcohol and Drug Test
C. Alcohol and Drug Test will be given to the selected former candidate(s) for Attorney General or second drawing of Reserve ANC, on the spot by an Administer of the test. If subject fails test, proceed with next drawing until new selected individual who can pass Alcohol and Drug Test.
8.7. District of Columbia Delegate to the House of Representatives
Any former candidate(s) of a General Election or Special Election (active District of Columbia voter), or reserve participants regardless of political affiliation can submit a sealed envelope with their name and address to the lottery drawing. Before the stipulated time of drawing. An envelope will be drawn by the Attorney General of the District of Columbia and witnessed by Chairman of the Council.
Employment term:
1 Medical Prescription Leave Period: Paid with benefits..
2. Clinical Treatment: Paid with benefits.
3. Special Election Period: Paid with benefits.
A. Participants must have minimum of (1) former candidate(s) or reserve outside candidates of ANC members. (Minimum of 1) before time line expiration of ballot drawing for position.
i. Reserve Outside Candidates: Any candidate of the District of Columbia seeking and position for elected office who did not win seat or is not holding a current position in the District of Columbia Government regardless of party affiliation
ii. ANC Member(s) Current or sitting member city wide regardless of party affiliation
B. Sealed envelope selected from lottery box by Attorney General of the District of Columbia (Elected) will be opened and the name of the former candidate(s) for Ward member ANC will be spoken aloud to the attending public audience, media and/or press coverage.
i. First Drawing Group – Former candidate(s),. (Minimum of 1)
ii. Reserve Drawing Group – Selected if no participant(s) show or all fail Alcohol and Drug Test
.
C. Alcohol and Drug Test will be given to the selected former candidate(s) or ANC Member(s) at the time of drawing, by an Administer of the test. If subject fails test, proceed with next drawing until new selected individual passes test.
8.8. District of Columbia United States Shadow Representative
Any former candidate(s) of a General Election or Special Election (active District of Columbia voter, or ANC reserve participants regardless of political affiliation can submit a sealed envelope with their name and address to the lottery drawing. Before the stipulated time of drawing. An envelope will be drawn by the Attorney General of the District of Columbia and witnessed by Chairman of the Council.
Employment term:
1 Medical Prescription Leave Period: Paid with benefits..
2. Clinical Treatment: Paid with benefits.
3. Special Election Period: Paid with benefits.
A. Must have minimum of (1) former candidate or reserve of Participants for drawing before time line expiration of ballot drawing for position. Minimum of 1.
B. Sealed envelope selected from lottery box by Attorney General of the District of Columbia (Elected) will be opened and the name of the former candidate(s) for Ward member ANC will be spoken aloud to the attending public audience, media and/or press coverage..
i. First Drawing Group – Former candidate(s),. (Minimum of 1)
ii. Reserve Drawing Group #1 – Selected if no participant(s) show or all fail Alcohol and Drug Test
.
C. Alcohol and Drug Test will be given to the selected former candidate(s) or ANC at the time of drawing, by an Administer of the test. If subject fails test, proceed with next drawing until new selected individual passes test.
8.9 District of Columbia United States Shadow Senator
Any former candidate(s) of a General Election or Special Election (active District of Columbia voter, or ANC reserve participants regardless of political affiliation can submit a sealed envelope with their name and address to the lottery drawing. Before the stipulated time of drawing. An envelope will be drawn by the Attorney General of the District of Columbia and Chairman, and witnessed by Chairman of the Council.
Employment term:
1 Medical Prescription Leave Period: Paid with benefits..
2. Clinical Treatment: Paid with benefits.
3. Special Election Period: Paid with benefits.
A. Must have minimum of (1) former candidate or reserve of ANC members. (Minimum of 1) before time line expiration of ballot drawing for position
B. Sealed envelope selected from lottery box by Attorney General of the District of Columbia (Elected) will be opened and the name of the former candidate(s) for Ward member ANC will be spoken aloud.
i. First Drawing Group – Former candidate(s),. (Minimum of 1)
ii. Reserve Drawing Group #1 – Selected if no participant(s) show or all fail Alcohol and Drug Test
C. Alcohol and Drug Test will be given to the selected former candidate(s) or ANC at the time of drawing, by an Administer of the test. If subject fails test, proceed with next drawing until new selected individual passes test.
9.0 Public Disclosure - Press Release
Report results to DCBOEE, broadcast media (television , AM and FM radio). and print media (newspapers -local and out of territory), Internet web sites, (social media and others).
Spokesperson: Attorney General – Elected.
9.1 Candidates, Proposers of Initiative and Petition Challengers
A. Voluntary – only if pass drug and alcohol
B. Primary Election – Declared winning candidate(s) only from each political party or all others and independent candidates (No Party) who have ballot access.
C. General Elections – Declared winner(s) only press release of test results, pass or fail.
D. Proposer(s) of Initiative or Referendum – Fail or pass Alcohol and Drug Test.
E. Special Elections – Declared winner(s) only of position.
F. Test Refusal – Press release of refusal.
G. Resign Before Test – Press release of resignation.
H. Petition Challenge – Press release of test results of Challenger(s): individual, private consultant, law firm, political party, trade and union organizations, etc.. Fail or pass Alcohol and Drug Test.
9.2 Serving officials: All elected positions and agency Chiefs and Directors.
A. Fail Test: Press Release.
B. Resignation Before Test: Discretion of official.
C. Administrative Prescription Medical Leave: Press Release.
D. Refusal of Test: Press Release.
10.0 Act of Legislative Text and Proposer's Signature
10.1 Disclaimer: PASS does not discriminate or hold any prejudice of any individual's, ethnic origin, sex, sexual preference, religious beliefs, religion, age, financial status or country of origin.
10.2 Benefits of PASS for the District of Columbia.
i. To assure absolute confidence of election(s) and elected or serving officials in the District of Columbia Government.
ii. To install independent budget autonomy request from the U.S. Congress for the daily and yearly operations of the District of Columbia Government.
iii. Approval of the District of Columbia voting authority inside of the House of Representatives (1 vote), Senate (1vote) to participate on behalf of residents of the district of Columbia
iv. Undeniable approval for a chartered commonwealth territory rights renewable every 200 years or non revocable by Congressional approval pending the District of Columbia Mayor City Council and Government does not change or remove key safety regulations or the Public Accountability Safety Standards Law of 2016.
10.3 This act shall take effect after a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Self-Government and Government Reorganization Act (Home Rule Act), approved December 24, 1971 (87 Stat. 813; D.C. Official Code §1-206.02(c)(a).
