478421 Notice of Emergency and Proposed Rulemaking, 3 D.C.M.R. 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 EMERGENCY AND PROPOSED RULEMAKING
The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Code § 1-1001.05 (a)(14) hereby gives notice of emergency and proposed rulemaking action to adopt the following amendments to 3 DCMR Chapter 2, “Political and Ethical Conduct of Board Members and Employees.”
These amendments clarify the prohibitions and limitations of certain types of political activity of Board members, employees, and polling place officials.
In order for these amendments to be in place prior to the September 14, 2010 Primary Election, it was necessary for the Board to adopt the following emergency amendments to the rules. The Board took such action at a special meeting which took place on Thursday, August 12, 2010, at which time the amendments became effective.
The emergency amendments to the rules will expire on Monday, December 20, 2010, one hundred twenty (120) days after the emergency rulemaking takes effect, or upon publication of the Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
The Board hereby gives notice of its intent to take final rulemaking action to adopt these amendments in not fewer than 30 days from the date of publication of this notice in the D.C. Register.
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 5:00 p.m.
Section 200 of Chapter 2 of 3 DCMR, “Establishment and Authority of the Board of Elections and Ethics,” 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 of Chapter 2 of 3 DCMR, “Political Activity,” 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 of Chapter 2 of 3 DCMR, “Ethical Conduct,” 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 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.
