5652013 Elections, Board of - Notice of Rescheduled Public Hearing - Receipt and Intent to Review Initiative Measure - Public Accountability Safety Standards Act of 2016 for the District of Columbia Government
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BOARD OF ELECTIONS
NOTICE OF RESCHEDULED PUBLIC HEARING
RECEIPT AND INTENT TO REVIEW INITIATIVE MEASURE
The Board of Elections has rescheduled its October 7, 2015, public hearing to consider whether the proposed measure “Public Accountability Safety Standards Act of 2016 for the District of Columbia Government” is a proper subject matter for initiative to take place at its regular meeting on Wednesday, November 4, 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 29, 2015, to the Board of Elections, General Counsel’s Office, One Judiciary Square, 441 4th Street, N.W., Suite 270N, 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, November 2, 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
Substance Abuse Test for District of Columbia Candidates & Serving Officials
Substance
Alcohol & Schedule I-IV Controlled Substance
Test
Candidates
Congressional Seats Mayor
Council Seats & Chairman Attorney General
- Voluntary Test Passing candidate exempt from signature requirements
- Petition Challengers substance test before filing DCBOEE challenge
- Declared Winners test 48 hours after DCBOEE announcement
- Fail test advance to passing candidate
Serving Officials
Congressional Seats Mayor
Attorney General Council Chairman
Agency Chiefs and Directors Council Members
Public or Legislative Meetings and Hearings
Emergency or Temporary Legislation
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 (aka PASS).
2. This law is to prevent the use of alcohol and Schedule I-IV Control Substances by "Safety Sensitive Personnel who are:
A. Candidates for elected office, in the District of Columbia.
B. Petition Challenger(s) who file against candidates at the District of Columbia Board of Elections and Ethics.
C. Serving Officials
1. Elected Officials of the District of Columbia Government
2. Agency Chiefs or Directors of all departments or agencies of the District of Columbia Government
D. Tier One Support Staff and Hired Independent Contractors
1. Executive Office of the Mayor – Deputy Mayors
2. Office of the Attorney General: Assistant Attorney General of the District of Columbia Government – Tier One Support Staff.
A. Civil or criminal cases when District of Columbia Government as Defendant. One per Hearing or one per month of attorney(s) 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 substance test, individual is automatically terminated without benefits.
B. Plaintiff cases when District of Columbia Government as Plaintiff: No test to subject represented or Assistant Attorney General.
3. Office of the Attorney General: Contract Private Consultants or Law Firms
A. Civil or criminal cases when District of Columbia Government as Defendant. One per Hearing or one per month of attorney(s) representing and 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 substance test, individual is automatically terminated without benefits.B. Plaintiff cases when District of Columbia Government as Plaintiff: No test to subject represented or Assistant Attorney General.
4. Office of the Inspector General:
Tier One Support Staff – Agents, Auditors, Inspectors, Analysts, and Investigators.
A. Unwarranted investigations. Each Investigator and authorizing supervisor)(s) for the duration of one per week substance test. Any person who fails substance shall be automatically terminated without benefits.
B. Warranted, approval of Court only. One substance test of each individual who is a participant of investigating team.
5. Office of the Inspector General – Contract Private Consultants , Contract Investigators and Auditors
A. Unwarranted investigations. Absolute disclosure of names of investigators and person of authority, Each Investigator and person(s) of authority, for the duration, one per week substance test. Any person who fails substance shall be automatically terminated.
B. Warranted, approval of Court only. One substance test of each individual who is a participant of investigating team
6 District of Columbia Parking Enforcement .
A. Unwarranted investigations. Absolute disclosure of names of investigators and person of authority, Each Investigator and person(s) of authority, for the duration, one per week substance test. Any person who fails substance 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 substance test weekly pending order. Failed substance test: automatic termination of position.
i. 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.
3.0. Administers of Tests
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 Candidates, Petition Challenger(S), Serving Officials, Elected or Appointed Agency Chiefs and Directors.
4.0 Witness of Tests
i. District of Columbia Narcotics Task Force or District of Columbia Fire EMS
ii. Witness of Tests shall be selected randomly by the Administers of test on the day of notice to any candidate or serving officials.
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.
5.0 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.
Alcohol & Schedule I-IV Controlled Substance.
1.1 Alcohol liquor, beer, wine, and other beverages containing alcohol, other than mouth wash.
1.2 Schedule I-IV Controlled Substance. Title 21 US Code Chapter 13 Sec. 812.
(a) Establishment
There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances 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 substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows:
(1) Schedule I.—
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance 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 substance under medical supervision.
(2) Schedule II.—
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance 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 substances may lead to severe psychological or physical dependence.
(3) Schedule III.—
(A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.
(4) Schedule IV.—
(A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III.
(5) Schedule V.—
(A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States.
(C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV.
(c) Initial schedules of controlled substances
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 substances, 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 substances, 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 substance 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 substances whether produced directly or indirectly by extraction from substances 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 substances referred to in clause (1), except that these substances 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 substances 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 substances 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 substance (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 substances having a depressant effect on the central nervous system:
(1) Any substance 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
2.1 Administers of Test
2.11 Defense Intelligence Agency or any Division of Agency that has immunity from Congressional oversight and authority to test:
A. Candidates
B. Agency Chief or Directors
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
B. Voluntary Test – Candidate Positions or temporary replacement of elected officials or serving appointed officials
C. Temporary Replacements of Elected Officials or Serving Officials
2.13 (Test Witness) DC Metropolitan Police Narcotics Division or DC Fire EMS
2.20 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 DC leased, DC owned facilities within the borders of the United States or foreign countries.
2.21 Procedure: Portable Test Kit and/or breath analyzer, hair, blood, oral swab or urine sample.
2.3 Alcohol Testing: Breathalyzer not to exceed .08% .
2.4 Test Refusal: Subject 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.
B. Petition Challenger(s) – Automatic disqualification with prejudice
C. Serving officials - Automatic termination without benefits.
D. Emergency or Temporary Legislation - Automatic termination without benefits.
E, Public or Legislation Meetings and Hearings - Automatic termination without benefits.
F. Declared Veto - Automatic termination without benefits.
2.5 Public or Legislative Meetings and Hearings. Subject, who is voting or nonvoting, can be excused to be tested having had prior written notice on the day of the test.
2.6 Emergencies or Temporary Legislation. All subjects will be tested without notice. Non Passing alcohol and substance results – vote shall not be counted, and official to be automatically terminated.
2.7 Declared Veto. Subject tested 24 hours after declaration of veto at location of order – veto can be stricken or removed
2.8 Schedule I-IV Controlled Substance One test only.
3.0 Candidates
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
3.6 Attorney General of the District of Columbia DC Official Code 1-201.83.
3.7 Voluntary Test: Optional procedure for candidate who seeks office to be tested for Alcohol and Substances pending after declaration of position sought, one test same day declaring candidacy.
Candidate must pass alcohol and substance test in order to have automatic ballot access and be exempt from petition signature requirements.
3.8 Petition Challenger(s) Chapter 10 Title 3 DCMR 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, 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 substance 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, must take and pass one alcohol and substance 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 48 hours of transfer.
iii. Failure of test is automatic dismissal with prejudice, by DCBOEE, from any future petition challenges.
iv. If entity is a business or any other organization it must be registered by the District of Columbia Consumer and Regulatory and Affairs, one hear before challenge.
3.9 Declared Winners:
Any Primary, General or Special Election with affiliation of all political parties, no party and write-ins must after declared winner must take a test 24 hours after DCBOEE announcement of winning. If candidate winner fails to show within 24 hours, that candidate will be disqualified automatically from the winners list and the test shall advance to the next competing candidate of the same party for Primary Election.
i. For General Election: the winner is the next candidate of opposing party , no party or write-in by largest to smallest voting percentage.
ii. For Special Election: Declared winning candidate must test within 24 hours of DCBOEE notice. If fail alcohol and substance test, the test will advance to next competing candidate until passing results by a candidate.
3.10 Fail test:
A. Primary Election: Advance to competing and passing candidate of party affiliation.
One test only per candidate, 24 hour notice, failure to appear for test results in automatic disqualification.
B. General Election: Advance to opposite political party, or no-political party, write-in with highest to lowest percentage competing for position. One test, only per candidate, within 24 hours.
C. Special Election: Advance to any candidate passing the test regardless of party or voting percentage margin. One test per candidate, 24 hours after notice. Failure to appear results in automatic disqualification.
3.11 Pre Medical Condition. Any candidate with prescription for use of a schedule I-IV shall be off of prescribed drug before competing or winning any office sought before declaration of candidacy to DCBOEE.
4.0 Random Tests – Serving Officials
(Elected to Office)
Definition: Per year by position to be tested at offices of Federal buildings, District of Columbia, owned or leased facilities and residences, if conducting meetings on behalf of the District of Columbia, not limited to any state in the United States of America or international territories..
4.1 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)
4.15 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 or unwarranted internal investigations of citizens or employees.
4.16 Council Chairman (8 per year)
4.17 Council Chairman Pro-Tempore (6 per year)
4.20 Council Seats:
4.21 Ward Council Members At Large
4.22 Council Member At Large (4 per year)
4.23 Council Member At Large (4 per year)
4.24 Council Member At Large (4 per year)
4.25 Council Member At Large (4 per year)
4.3 Ward Council Members
4.31 Council Member - Ward 1 (3 per year)
4.32 Council Member - Ward 2 (3 per year)
4.33 Council Member - Ward 3 (3 per year)
4.34 Council Member - Ward 4 (3 per year)
4.35 Council Member - Ward 5 (3 per year)
4.36 Council Member - Ward 6 (3 per year)
4.37 Council Member - Ward 7 (3 per year)
4.38 Council Member - Ward 8 (3 per year)
4.4 Attorney General for the District of Columbia (10 per year)
4.5 Failed Test Failed automatic termination of individual without benefits.
4.51 Breathalyzer not to exceed .08%. May fail one time.
4.52 Schedule I-IV Controlled Substance. May not fail one test.
4.6 Administrative Medical Prescription Leave: U.S. Licensed physician diagnosis for use to cure a disease or condition. Marijuana or Schedule I-IV Control Substances.
4.61 Ward Council Members (Wards 1 through 8)
Option 1. Administrative Medical Leave for 1 to 30 days. Chief of Staff has voting and signing authority by passing alcohol and substance test. If Chief of Staff does not pass test he or she will not be eligible for the position. The position shall be filled by the ANC individual of the Ward in a random lottery drawing by the elected Attorney General of the Council in a lottery of ANC individuals whom volunteer their name to be considered for Temporary Council Member position. Temporary Council Member must be able to pass an alcohol and substance test at the time of lottery.
Option 2. Governing Authority Leave up to 160 days maximum Chief of Staff or ANC of Ward, has voting and signing authority until medical examination determines Council Member fit to return before end of election term.
Option 3. Complete resignation of position with all benefits in place, if condition is non recoverable and Special Election to take place within 90 days.
4.62 Council Chairman
Option 1 Administrative Medical Leave for 1 to 30 days. Chief of Staff has voting and signing authority if he or she passes alcohol and substance test. If Chief of Staff does not pass test the Council Chairman pro tempore will assume the position, pending passing of the alcohol and substance tests. If Council Chairman pro tempore does not pass test he or she will not be eligible for the position and a special election for the position will take place for position within 90 to 120 days. Council Chairman is eligible to retain benefits and seek office next election cycle.
4.63 Council Chairman Pro-Tempore
Option 1 Administrative Medical Leave for 1 to 30 days. Chief of Staff has voting and signing authority after passing of alcohol and substance test. If Chief of Staff does not pass test he or she will not be eligible for the position and a special election for the position will take place for position within 90 to 120 days.
Council Chairman Pro-Tempore can retain benefits and seek office next election cycle.
4.64 Council Members at Large
Option 1 Administrative Medical Leave for 1 to 30 days. Chief of Staff has voting and signing authority after passing of alcohol and substance test. If Chief of Staff does not pass test he or she will not be eligible for the position and a special election for the position will take place for position within 90 to 120 days.
Council Member at Large can retain benefits and seek office next election cycle.
4.65 Attorney General can retain benefits and seek office next election cycle under rules of passing alcohol and substance tests.
4.66 Mayor can retain benefits and seek office next election cycle under rules of passing alcohol and substance tests.
4.67 United States Shadow Representative can retain benefits and seek office next election cycle under rules of passing alcohol and substance tests.
4.68 Delegate to the US House of Representatives can retain benefits and seek office next election cycle under rules of passing alcohol and substance tests.
4.69 United States Shadow Senator can retain benefits and seek office next election cycle under rules of passing alcohol and substance tests.
5.0 Random Tests – Serving Officials
(Agency Chiefs and Directors Appointed to Office)
Definition: Per year by position to be tested at office, Federal offices, District owned or leased facility and residences if conducting meetings on behalf of the District of Columbia, not limited to any state in the United States of America or international territories.
5.1 Agency Chiefs and Directors
5.11 District of Columbia Executive Office of the Mayor
A. Position of Deputy Mayors (4 per year)
5.12 District of Columbia Government Assistant Attorney General
A. Independent contract attorneys or Law firm (8 per year or 1 per Court Hearing)
B. District of Columbia Government Assistant Attorney Generals (6 per year).
5.13 District of Columbia Parking Enforcement
A. Director (8 per year)
B. Staff Members (8 per year)
5.14 District of Columbia Metropolitan Police Department
A. Chief (10 per year)
5.15 District of Columbia Government Homeland Security
A. Director and Chief (10 per year)
5.16 District of Columbia Inspector General
A. Inspector General (10 per year).
5.17 District of Columbia Fire Department
A. Chief (10 per year)
5.18 District of Columbia Department of Transportation
A. Director (8 per year)
5.19 District of Columbia Department of Public Works
A. Director (4 per year)
5.20 District of Columbia Office of the Chief Financial Officer
A. Chief Financial Officer. (10 per year)
5.21 District of Columbia Department of Health
A. Director (6 per year)
5.22 District of Columbia Department of Consumer and Regulatory Affairs
A. Director (2 per year)
5.23 District of Columbia Public Schools
A. Superintendent (6 per year) or Chancellor (6 per year)
B. Chief of Staff (4 per year)
5.24 Office of Small and Local Business Development
A. Director (8 per year)
5.25 District of Columbia Water
A. General Manager (8 per year)
B. General Counsel (6 per year)
5.26 District of Columbia Public Service Commission
A. Chairperson (Chairman) (4 per year)
B. Commissioners (4 per year)
C. General Counsel (6 per year)
5.27 District of Columbia Board of Elections and Ethics
A. Chairman (8 per year)
B. Board Members (4 per year)
C. General Counsel (6 per year)
5.28 All other Agency Chiefs and Directors (Appointed or Non Appointed ) (2 per year)
5.40 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.
5.41 Benefit Option Any elected and serving officials of the District of Columbia who resigns up to 1 hour before alcohol and substance test shall have rights and access to full benefits..
5.42 Failed Test: Automatic termination of individual.
5.42.1 Breathalyzer not to exceed .08%. May fail one test.
5.42.2 Schedule I-IV Controlled Substances. May not fail one test.
5.42.3 Medical Prescription: Marijuana and Schedule I-IV substances by licensed U.S. physician .
Option 1. Administrative Leave for up to 30 days. Must have Licensed U.S. physician prescription), with Deputy or Agency Assistant replacing Chief or Director until further notice if passes alcohol and substance test.
6.0 Lottery Drawings for Temporary Positions
(1-30 Days)
Ward Member: Any ANC regardless of political affiliation can submit a sealed envelope with their name and address to a lottery box where an envelope will be drawn by the Attorney General of the District of Columbia and Chairman, witnessed by Chairman of the Council.
A. Sealed envelope selected from lottery box by Attorney General of the District of Columbia (Elected) will be opened and the name of the ANC will be spoken aloud.
B. A substance test will be given to the selected ANC, on the spot by an Administer of the test. If subject fails test, proceed with next drawing until ANC passes test.
7.0 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.
7.1 Candidates:
A. Voluntary – only if pass substance
B. Primary – Declared winning candidate(s) only from each political party or all independent candidates (No Party) who have ballot access.
C. General Elections – Declared winner(s) only press release of test results, pass or fail.
D. Special Elections – Declared winner(s) only of position.
E. Test Refusal – Press release of refusal.
F. Resign Before Test – Press release of resignation.
G. Petition Challenge – Press release of test results of Challenger(s): individual, private consultant, law firm, political party, trade and union organizations, etc..
7.2 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.
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).
