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Councilmember Vincent Bernard Orange, Sr.
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA Councilmember Vincent Bernard Orange, Sr., introduced the following bill, which was referred to the Committee on . To establish an ethics and accountability task force which will consist of seven members, the Chairman of the Board of Elections and Ethics, the Director of the Office of Campaign Finance, the Attorney General of the Office of the Attorney General, Special Counsel for Ethics in the Office of the Attorney General; the Inspector General of the Office of the Inspector General, the Auditor of the Office of the District of Columbia Auditor; and the Chief Financial Officer of the Office of the Chief Financial Officer to identify and assess the professional and financial integrity guidelines for elected officials serving the residents of the District of Columbia; review the ethics provisions for elected officials, review best practices nationally; draft a Code of Ethics for elected officials and an Elected Official Annual Certification document to establish their compliance with the Code of Ethics, District laws, and the rules, regulations, or policies of the Board of Elections and Ethics, and the Office of Campaign Finance; set penalties for ethical violations; and make findings and recommendations to the Mayor and Council. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Ethics and Accountability Task Force Act of 2011 ”. TITLE I. ETHICS AND ACCOUNTABILITY TASK FORCE. Sect. 101. Short title. This title may be cited as the “Ethics and Accountability Task Force Act of 2011 ”. Sec. 102. Definitions. For the purposes of this title, the term: (1) “BOEE” means the Board of Elections and Ethics. (2) “EATF” means the Ethics and Accountability Task Force established by section 103. (3) “Elected official” means the Mayor, the Chairman, and Members of the Council. (4) “OCF” means the Office of Campaign Finance. Sec. 103. The Ethics and Accountability Task Force. There is established within the District of Columbia Government, the Ethics and Accountability Task Force (“EATF”). Sec. 104. EATF Members. (a) The EATF shall be composed of 7 members, as follows:
(b) The chairperson shall be selected by the members. (c) Any member of the EATF who is an attorney shall be in good standing with the bar of each jurisdiction where the EATF member has been admitted to practice law. (d) Any member of the EATF shall be in good standing with any professional licensing organization that has issued a license to the EATF member. Sec. 105. Staff support; agency cooperation; sunset. (a) EATF members may use the agency staff attorneys of their respective office to assist in carrying out the duties of the EATF. (b) All offices, agencies, and instrumentalities of the District government shall fully cooperate with the EATF and provide requested information and documents. (c) The EATF shall disband no later than 1 year after its initial meeting. Sec. 106. Meetings. (a) The EATF shall: (1) Develop its meeting rules of procedure; (2) Hold its first meeting within 30 days of the effective date of this act; (3) Meet at least twice per month; (4) Conduct meetings that are closed to the public; and (5) Take and transcribe minutes of the EATF meetings. Sec. 107. Duties. (a) The EATF shall conduct: (1) A detailed assessment of the ethical guidelines and requirements for elected officials in the District; and (2) A review of national best practices of ethical guidelines, requirements and penalties for violations. (b) The EATF shall draft: (1) A Code of Ethics for District elected officials; (2) An Elected Official Annual Certification document to be completed by elected officials to establish compliance with: (A) The Code of Ethics for District elected officials; (B) Any District law; (C) Any BOEE or OCF rule, regulation, or policy; or (D) Any federal law. (3) Penalties for ethical violations, including (A) Reprimand; (B) Public or private censure; (C) Suspension, with or without pay; (D) Expulsion; (E) Fines; (F) Restitution; (G) Referral to District or Federal Agency for civil or criminal investigation; (H) Recommend registered electors initiate recall petition; and (I) Any other penalties deemed appropriate. (4) A plan to promote a culture of ethical behavior by elected officials, including ethics training and ethics manuals. Sec. 108. Findings and recommendations. (a) No later than 30 days prior to disbandment, the EATF shall submit to the Mayor and to the Council its findings and recommendations, with majority and minority views. (b) The findings and recommendations shall comply with section 107 of this act and shall include proposals concerning the use of advisory opinions, ethics training, and ethics manuals. (c) The findings and recommendations may include: (1) Draft legislation, regulations, and amendments to existing legislation or regulations; and (2) Estimated cost of proposed legislation, regulations, or amendments. (d) The findings and recommendations shall include specific steps for implementing EATF recommendations. Sec. 109. EATF Member Agency Duties. Nothing in this Act shall be deemed to prevent any of the EATF members, including the alternate, from carrying out their individual agency duties as prescribed by law. TITLE II. FISCAL IMPACT STATEMENT. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). TITLE III. EFFECTIVE DATE. This act shall take effect upon its approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register. |
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