Mark David Richards
Council Period 12
Council Period 13
Council Period 14
Government and People
Anacostia Waterfront Corporation
Boards and Com
Chief Financial Officer
Chief Management Officer
Elections and Ethics
Housing and Community Dev.
Capital Revitalization Corp.
Planning and Econ. Dev.
Planning, Office of
Public Service Commission
Regional Mobility Panel
Sports and Entertainment Com.
University of DC
Water and Sewer Administration
Youth Rehabilitation Services
Issues in DC Politics
DC General, PBC
Public Benefit Corporation
Tax Rev Comm
Term limits repeal
Voting rights, statehood
Williams’s Fundraising Scandals
Cardozo Shaw Neigh.Assoc.
Committee of 100
Fed of Citizens Assocs
League of Women Voters
What Is DCWatch?
VII. STATUTES AND REGULATIONS INVOLVED
1. Federal Gift Acceptance Authority - District of Columbia
Appropriations Act, 2000, Pub. L. No. 106-113, §125, 113 Stat. 1501, 1516
(a) An entity of the District of Columbia government may accept and use
a gift or donation during fiscal year 2000 if --
2. Federal Gift Acceptance Authority - District of Columbia
Appropriations Act, 2001, Pub. L. No. 106-522, §118 Stat. 2440, 2460
(b) Each entity of the District of Columbia government shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under subsection (a) of this section, and shall make such
records available for audit and public inspection.
(1) the Mayor approves the acceptance and use of the gift or
donation: Provided, That the Council of the District of Columbia may
accept and use gifts without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry out its authorized
functions or duties.
(c) For the purposes of this section, the term "entity of the
District of Columbia government" includes an independent agency of
the District of Columbia.
(d) This section shall not apply to the District of Columbia Board of
Education, which may, pursuant to the laws and regulations of the
District of Columbia, accept and use gifts to the public schools without
prior approval by the Mayor.
3. Federal Hatch Act 5 U.S.C.A. §§7321-7326 (West 1996 &
Supp. 1999) -
(a) Approval by the Mayor
(1) In General. - An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 2000 if
(b) Records and Public Inspection. - Each entity of the District of
Columbia government shall keep accurate and detailed records of the
acceptance and use of any gift or donation under subsection (a), and
shall make such records available for audit and public inspection.
(A) the Mayor approves the acceptance and use of the gift or
donation . . . and
(B) the entity uses the gift or donation to carry out its
authorized functions or duties . . .
§7321- Political Participation
It is the policy of the Congress that employees should be encouraged to
exercise fully, freely, and without fear of penalty or reprisal, and to
the extent not expressly prohibited by law, their right to participate
or to refrain from participating in the political processes of the
§7322 - Definitions
(1) "employee" means any individual, other than the
President and the Vice President, employed or holding office in
4. Federal Criminal Prohibition for Acts Affecting a Personal Financial
Interest - 18 U.S.C.A. §208(a) (West 2000)
(C) the government of the District of Columbia, other than the Mayor
or a member of the City Council or the Recorder of Deeds; but does not
include a member of the uniformed services;
(2) "partisan political office" means any office for which any
candidate is nominated or elected as representing a party any of whose
candidates for Presidential elector received votes in the last preceding
election at which Presidential electors were selected, but shall exclude
any office or position within a political party or affiliated
(3) "political contribution"
§7323 - Political Activity Authorized; Prohibitions
(A) means any gift, subscription, loan, advance, or deposit of
money or anything of value, made for any political purpose;
(B) includes any contract, promise, or agreement, express or
implied, whether or not legally enforceable, to make a contribution
for any political purpose;
(C) includes any payment by any person, other than a candidate or a
political party or affiliated organization, of compensation for the
personal services of another person which are rendered to any
candidate or political party or affiliated organization without charge
for any political purpose; and
(D) includes the provision of personal services for any political
(a) Subject to the provisions of subsection (b), an employee may take
an active part in political management or in political campaigns, except
an employee may not-
(b) An employee retains the right to vote as he chooses and to express
his opinion on political subjects and candidates.
(1) use his official authority or influence for the purpose of
interfering with or affecting the result of an election;
(2) knowingly solicit, accept, or receive a political contribution
from any person, unless such person is-
(3) run for the nomination or as a candidate for election to a
partisan political office; or
(4) knowingly solicit or discourage the participation in any
political activity of any person who--
(A) has an application for any compensation, grant, contract,
ruling, license, permit, or certificate pending before the employing
office of such employee; or
(B) is the subject of or a participant in an ongoing audit,
investigation, or enforcement action being carried out by the
employing office of such employee.
§7324 - Political Activities on Duty; Prohibition
(a) An employee may not engage in political activity--
(1) while the employee is on duty;
(2) in any room or building occupied in the discharge of official
duties by an individual employed or holding office in the Government
of the United States or any agency or instrumentality thereof;
(3) while wearing a uniform or official insignia identifying the
office or position of the employee; or
(4) using any vehicle owned or leased by the Government of the
United States or any agency or instrumentality thereof.
§7325 - Political Activity Permitted in Certain Municipalities -
The Office of Personnel Management may prescribe regulations
permitting employees, without regard to the prohibitions in paragraphs
(2) and (3) of section 7323(a) and paragraph (2) of section 7323(b) of
this title, to take an active part in political management and political
campaigns involving the municipality or other political subdivision in
which they reside, to the extent the Office considers it to be in their
domestic interest, . . .
§7326 - Penalties -
An employee or individual who violates section 7323 or 7324 of this
title shall be removed from his position, and funds appropriated for the
position from which removed thereafter may not be used to pay the
employee or individual. However, if the Merit System Protection Board
finds by unanimous vote that the violation does not warrant removal, a
penalty of not less than 30 days' suspension without pay shall be
imposed by direction of the Board.
5. Federal Criminal Prohibition for Salary Outside Official Salary -
18 U.S.C.A. §209(a) (West 2000)
Government . . . personally and substantially as a Government
officer or employee, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, in
a judicial or other proceeding . . . or other particular matter in
which, to his knowledge, he . . . organization in which he is serving as
an officer, director. . . has a financial interest . . . .[s]hall be
subject to the penalties set forth in section 216 of this title.
6. Charitable, etc. Contributions and Gifts - 26 U.S.C.A. §170(a)(1)
(West 1988 & Supp. 1999)
Whoever receives any salary, or any contribution to or
supplementation of salary, as compensation for his services as an
officer or employee of the executive branch of the United States
Government . . . from any source other than the Government of the United
States . . . [s]hall be subject to the penalties set forth in section
216 of this title.
(a) Allowance of deduction.
(1) General rule. There shall be allowed as a deduction any
charitable contribution (as defined in subsection (c)) payment of
which is made within the taxable year. A charitable contribution shall
be allowable as a deduction only if verified under regulations
prescribed by the Secretary.
7. Federal Exemption from tax on corporations, certain trusts, etc.
- 26 U.S.C.A. §501(c)(3)-(4) (West 1988 & Supp. 1999)
8. Federal Anti-Deficiency Act Limitations on Expending and Obligating
Amounts - 31 U.S.C.A. §1341(a)(1) (West 1983 & Supp. 1999)
(3) Corporations, and any community chest, fund, or foundation,
organized and operated exclusively for religious, charitable,
scientific, testing for public safety, literary, or educational
purposes, or to foster national or international amateur sports
competition (but only if no part of its activities involve the provision
of athletic facilities or equipment), or for the prevention of cruelty
to children or animals, no part of the net earnings of which inures to
the benefit of any private shareholder or individual, no substantial
part of the activities of which is carrying on propaganda, or otherwise
attempting, to influence legislation (except as otherwise provided in
subsection (h)), and which does not participate in, or intervene in
(including the publishing or distributing of statements), any political
campaign on behalf of (or in opposition to) any candidate for public
(4)(A) Civic leagues or organizations not organized for profit but
operated exclusively for the promotion of social welfare, or local
associations of employees, the membership of which is limited to the
employees of a designated person or persons in a particular
municipality, and the net earnings of which are devoted exclusively to
charitable, educational, or recreational purposes.
(B) Subparagraph (A) shall not apply to an entity unless no part of
the net earnings of such entity inures to the benefit of any private
shareholder or individual.
9. Federal Anti-Deficiency Act Limitation on Voluntary Services -
31 U.S.C.A. §1342 (West 1983 & Supp. 1999)
An officer or employee of the United States Government or of the
District of Columbia government may not
(A) make or authorize an expenditure or obligation exceeding an amount
available in an appropriation or fund for the expenditure or
obligation . . .
10. Fundraising Activities - 5 C.F.R. §2635.808(b) (2000)
An officer or employee of the United States Government or of the
District of Columbia government may not accept voluntary services for
either government or employ personal services exceeding that authorized
by law except for emergencies involving the safety of human life or the
protection of property. This section does not apply to a corporation
getting amounts to make loans (except paid in capital amounts) without
legal liability of the United States Government.
11. Criteria for Acceptance of Gifts, Bequests, etc.- 44 CFR §362.3
Fundraising in an official capacity. An employee may participate in
fundraising in an official capacity if, in accordance with a statute,
Executive order, regulation or otherwise as determined by the agency, he
is authorized to engage in the fundraising activity as part of his
official duties. When authorized to participate in an official capacity,
an employee may use his official title, position and authority.
The following criteria shall be applied whenever a gift of property
or gift of services is offered to the Director for the benefit of the
National Earthquake Hazards Reduction Program.
(a) The gift of property or gift of services must clearly and directly
further the objectives of the National Earthquake Hazards Reduction
Program, as defined in 42 U.S.C. 7702.
(b) All gifts of property must be offered unconditionally, with sole
discretion of use, administration and disposition of such property to be
determined by the Director or his designee.
(c) The Director may accept and use gifts of services of voluntary
and uncompensated personnel, and may provide transportation and
subsistence as authorized by 5 U.S.C. 5703 for persons serving without
(d) Employees of FEMA or the Program agencies may not solicit gifts
of property, or gifts of services.
(e) Acceptance of gifts of property, or gifts of services must first
be approved by the Office of the General Counsel, FEMA, for conformance
with all applicable laws and regulations.
(f) In all cases where it is determined that the acceptance of a gift
may create a conflict of interest, or the appearance of a conflict of
interest, the gift will be declined.
District of Columbia Code
1. Mayor's Delegation Authority - D.C. Code §1-242(6) (1999
The Mayor may delegate any of his functions (other than the function of
approving or disapproving acts passed by the Council or the function of
approving contracts between the District and the federal government
under §1-1131) to any officer, employee, or agency of the executive
office of the Mayor, or to any director of an executive department who
may, with the approval of the Mayor, make a further delegation of all or
a part of such functions to subordinates under his jurisdiction.
2. Mayor's Ceremonial Fund - D.C. Code §§1-355(a), (d), and (e)
3. Mayor's Authority to Expend Appropriated Funds - D.C. Code §1-356(a)
(a) There is authorized to be appropriated an amount not to exceed
$25,000 in any fiscal year for expenses as the Mayor of the District of
Columbia shall deem to be necessary, including personal services for the
reception and entertainment (including ceremonial gifts) of officials of
foreign, state, local, and other dignitaries and eminent persons
visiting in or returning to the District of Columbia, or for the
reception or entertainment of officials of foreign, state, local or
federal governments when the Mayor is visiting any other jurisdiction in
his or her official capacity.
(d) Any amounts appropriated for expenses under this section shall be
subject to audit and accounted for in the same manner as any other
District of Columbia government funds used for governmental purposes.
(e) The Secretary of the District of Columbia and the Secretary to
the Council of the District of Columbia shall issue annual reports,
which shall be made available to the public and which shall include an
itemization of each disbursement under this section by the Mayor of the
District of Columbia and by the Council of the District of Columbia,
respectively. Records of disbursements under this section shall be
retained for not less than 5 years.
The Mayor of the District of Columbia . . . [is] authorized to
provide for the expenditure, within the limits of specified annual
appropriation, of funds for appropriated purposes related to 
[his/her] official capacity as  [he/she] may  deem necessary.
[His/her] determination thereof shall be final and conclusive ....
4. Limited Application of Chapter- D.C. Code §1-602.2 (1) (1999
5. Standards of Conduct - D.C. Code §1-619.1(a) (1999 Repl.)
The provisions of this chapter shall apply to the following employees
of the District of Columbia government only to the following extent:
(1) The Mayor and each member of the Council of the District of Columbia
are entitled to pay, as provided in §1-612.9, in accordance with the
provisions of §§1-241 (d) and 1226(a). The Mayor and each member of
the Council of the District of Columbia may participate in personnel
benefit programs authorized in subchapters XXII, XXIII, XXIV, and XXVII
of this chapter, and are covered by the provisions of subchapters XIX,
XXVI, XXX, XXXI, and XXXII of this chapter, and §1-604.8.
Each employee of the District government must at all times maintain a
high level of ethical conduct in connection with the performance of
official duties, and shall refrain from taking, ordering, or
participating in any official action which would adversely affect the
confidence of the public in the integrity of the District government.
6. Conflicts of Interest - D.C. Code §1-619.2 (1999 Repl.)
7. Claims by Contractor against District government - D.C. Code §§1-1181.5(d)
(i)-(2) (1999 Repl.) -
No employee of the District government shall engage in outside
employment or private business activity or have any direct or indirect
financial interest that conflicts with or would appear to conflict with
the fair, impartial, and objective performance of officially assigned
duties and responsibilities.
8. Mayor's Constituent Services Fund - D.C. Code §§1-1443(a),
(d), and (e) (1999 Repl.)
(d)(1) No District employee subject to this chapter shall authorize
payment for the value of goods and services received without a valid
written contract. This subsection shall not apply to a payment required
by court order or a final decision of the Contract Appeals Board.
(2) After April 12, 1997, no District employee shall enter into an oral
agreement with a vendor to provide goods or services to the District
government without a valid written contract. Any violation of this
paragraph shall be cause for termination of employment of the District
9. Definition of "BID Corporation" - D.C. Code §1-2272(4)
(a) The Mayor, the Chairman of the Council, and each member of the
Council may establish citizen-service programs within the District of
Columbia . . . [and] may finance the operation of such programs with
contributions from persons, provided, that contributions received . . .
do not exceed an aggregate amount of $40,000 in any 1 calendar year. The
Mayor, the Chairman of the Council, and each member of the Council may
expend a maximum of $40,000 in any 1 calendar year for such programs. No
person shall make any contribution which. . . exceed[s] $400 per
calendar year, provided, that such $400 limitation shall not apply to
contributions made by the Mayor, the Chairman of the Council, or any
member of the Council for the purpose of funding his or her own
citizen-service programs within the District of Columbia. The Mayor, the
Chairman of the Council, and each member of the Council shall file a
quarterly report of all contributions received and monies expended in
accordance with this subsection with the Director of Campaign Finance.
No campaign activities shall be conducted nor shall Campaign literature
or paraphernalia be distributed as part of citizen-service programs
conducted pursuant to this subsection.
(d) All contributions and expenditures made by persons to the Mayor,
Chairman of the Council, and each member of the Council as provided by
subsection (a) of this section, and all expenditures made by the Mayor,
Chairman of the Council, and each member of the Council as provided by
subsection (a) of this section, shall be reported to the Director of
Campaign Finance quarterly on forms which the Director shall prescribe.
All of the record keeping requirements of this chapter shall apply to
contributions and expenditures made under this section. At the time a
program of services as authorized in subsection (a) of this section is
terminated, any excess funds shall be used to retire the debts of the
program, or shall be donated to an organization operating in the
District of Columbia as a not-for-profit organization within the meaning
of §501 (c) of the Internal Revenue Code of 1954, as amended.
(e) Activities authorized by this section may be carried on at any
location in the District of Columbia, provided that employees of the
District of Columbia government do not engage in citizen-service
fundraising activities during normal business hours.
"BID corporation" means a nonprofit corporation that is
organized pursuant to the District law for nonprofit corporations and
registered pursuant to the terms of this subchapter. A BID corporation
shall not be deemed to be a part of the District government as that term
is defined in §47-393(5).
10. Prohibition Against BID involvement in Political Activities -
D.C. Code §1-2289 (1999 Repl.)
No BID corporation shall engage in the financial support of political
activities and candidates, lobbying on legislative or administrative
actions with respect to any property area, or the promotion of one
business to the exclusion of others.
11. Certificate of Registration to Solicit - D.C. Code §2-703(x)
12. Sports Commission's Statutory Purposes - D.C. Code §§2-4003
(1), and (5)-(6) (Supp. 1999)
(a) No person shall solicit in the District of Columbia unless he
holds a valid certificate of registration authorizing such solicitation.
13. Sports Commission's Board Members Qualifications - D.C. Code §2-
4004(a) (Supp. 1999)
The Sports and Entertainment Commission is created as a corporate
body and instrumentality of the District and is created for the purposes
(1) Promoting the District as a location for holding sporting events
which will enhance the District's economic development through, among
other things, tourism, job opportunities, entertainment, business
development, and national and international exposure . . .
(5) Promoting and marketing sports events in the District and
participation in such sports events, including, but not limited to,
boxing, wrestling, martial arts, track and field, gymnastics,
basketball, and other matches, contests, exhibitions, and showings,
professional as well as amateur, of any kind or nature; and
(6) Owning and operating professional sports franchises in the
14. Sports Commission's Executive Director- D.C. Code §§2-4005
(a)-(b) (Supp. 1999)
(a) The Sports and Entertainment Commission Board of Directors
("Board") shall consist of 11 members, 8 of whom shall be
nominated by the Mayor subject to the advice and consent of the Council.
15. Sports Commission's Power to Operate Franchises - D.C. Code §2-4008
(a) The Board shall appoint an Executive Director who shall serve as
the chief executive officer of the Sports and Entertainment Commission.
The Executive Director shall be an employee of the Sports and
Entertainment Commission but shall not be a member of the Board. The
Executive Director shall serve at the pleasure of the Board and shall
receive such compensation as shall be fixed by the Board.
(b) In addition to any other duties set forth in this chapter, the
Executive Director shall:
(1) Direct and supervise the administration and management of the
Sports and Entertainment Commission, and direct the affairs and
activities of the Sports and Entertainment Commission, in accordance
with policies, rules, and regulations of the Sports and Entertainment
(2) Be Secretary to the Board;
(3) Attend meetings of the Board and keep minutes of all proceedings
of the Board;
(4) Approve all accounts for salaries, per diem payments, and
allowable expenses of the Sports and Entertainment Commission and its
employees and consultants, and approve all expenses incidental to the
operation of the Sports and Entertainment Commission;
16. Sport's Commission's Creation of Fund, transfer of monies -
D.C. Code §2-4009 (Supp. 1999)
The Sports and Entertainment Conunission shall have the power to hold
an ownership interest in, and operate, a professional sports team or
team franchise on a temporary or permanent basis.
17. Exemption of Sports Commission's Employees as Government Employees
- D.C. Code §2-4017 (Supp. 1999)
There is hereby created for the exclusive benefit of the Sports and
Entertainment Commission a Sports and Entertainment Commission Fund. All
monies other than funds designated for military purposes held by the
Armory Board in the Starplex Fund and in the District of Columbia
Commission on Baseball Fund on August 23, 1994, shall be transferred
immediately to the Sports and Entertainment Commission Fund to be used
for any lawful purpose of the Sports and Entertainment Commission.
18. Voluntary Dissolution - Distribution of Assets - D .C. Code §29-549
Personnel hired by the Sports and Entertainment Commission, except
employees of the Armory Board hired prior to August 23, 1994, are not
employees of the District and shall be exempted from coverage under
Chapter 6 of Title 1.
19. Voluntary Dissolution - Plan of Distribution - D.C. Code §29-550
The assets of a corporation in the process of dissolution shall be
applied and distributed as follows:
(1) All liabilities and obligations of the corporation shall be paid,
satisfied, and discharged, or adequate provision shall be made therefor;
(2) Assets held by the corporation upon condition requiring return,
transfer, or conveyance, which condition occurs by reason of the
dissolution, shall be returned, transferred, or conveyed in accordance
with such requirements;
(3) Assets received and held by the corporation subject to limitations,
permitting their use only for charitable, religious, eleemosynary,
benevolent, educational, or similar purposes, but not held upon a
condition requiring return, transfer, or conveyance by reason of the
dissolution, shall be transferred or conveyed to 1 or more domestic or
foreign corporations, societies, or organizations engaged in activities
substantially similar to those of the dissolving corporation, pursuant
to a plan of distribution adopted as provided in this chapter;
(4) Other assets, if any, shall be distributed in accordance with the
provisions of the articles of incorporation or the bylaws to the extent
that the articles of incorporation or bylaws determine the distributive
rights of members, or any class or classes of members, or provide for
distribution to others; and
(5) Any remaining assets may be distributed to such persons,
societies, organizations, or domestic or foreign corporations, whether
for profit or not for profit, as may be specified if a plan of
distribution adopted as provided in this subchapter.
A plan providing for the distribution of assets, not inconsistent
with the provisions of this chapter, may be adopted by a corporation in
the process of dissolution and shall be adopted by a corporation for the
purpose of authorizing any transfer or conveyance of assets for which
this chapter requires a plan of distribution, in the following manner:
(1) Where there are members having voting rights the board of directors
shall adopt a resolution recommending a plan of distribution and
directing that the plan be submitted to a vote at a meeting of members
having voting rights, which may be either an annual or a special
meeting. Written or printed notice setting forth the proposed plan of
distribution or a summary thereof shall be given to each member entitled
to vote at such meeting, within the time and in the manner provided in
this chapter for the giving of notice of meetings of members. Such plan
of distribution shall be adopted upon receiving at least two-thirds of
the votes entitled to be cast by members present or represented by proxy
at such meeting.
(2) Where there are no members, or no members having voting rights, a
plan of distribution shall be adopted at a meeting of the board of
directors upon receiving the vote of a majority of the directors in
20. Revocation of Proceedings; Notice; Vote Required for Approval
- D.C. Code §29 - 551 (1994 Repl.)
A corporation may, at any time prior to the issuance of a certificate
of dissolution by the Mayor, as hereinafter provided, revoke the action
theretofore taken to dissolve the corporation, in the following manner:
(1) Where there are members having voting rights, the board of
directors shall adopt a resolution recommending that the voluntary
dissolution proceedings be revoked, and directing that the question of
such revocation be submitted to a vote at a meeting of members having
voting rights, which may be either an annual or a special meeting.
Written or printed notice stating that the purpose, or 1 of the
purposes, of such meeting is to consider the advisability of revoking
the voluntary dissolution proceedings, shall be given to each member
entitled to vote at such meeting, within the time and in the manner
provided in this chapter for the giving of notice of meetings of
members. A resolution to revoke the voluntary dissolution proceedings
shall be adopted upon receiving at least two-thirds of the votes
entitled to be cast by members present or represented by proxy at such
(2) Where there are no members, or no members having voting rights, a
resolution to revoke the voluntary dissolution proceeding shall be
adopted at a meeting of the board of directors upon receiving the vote
of a majority of the directors in office.
(3) Upon the adoption of such resolution by the members, or by the
board of directors where there are no members or no members having
voting rights, the corporation may thereupon again conduct its affairs.
If the articles of dissolution have been delivered to the Mayor, notice
of such revocation shall be given to him in writing.
21. Articles of Dissolution - Contents D.C. Code §29 -552 (1994
If voluntary dissolution proceedings have not been revoked, when all
debts, liabilities, and obligations of the corporation shall have been
paid and discharged, or adequate provisions shall have been made
therefor, and all of the remaining property and assets of the
corporation shall have been transferred, conveyed, or distributed in
accordance with the provisions of this chapter, articles of dissolution
shall be executed in duplicate by the corporation by its president or a
vice-president, and the corporate seal shall be thereto affixed and
attested by its secretary or an assistant secretary, and such statement
shall set forth:
(1) The name of the corporation;
(2) Where there are members having voting rights:
(A) A statement setting forth the date of the meeting of
members at which the resolution to dissolve was adopted, that a
quorum was present at such meeting, and that such resolution
received at least two-thirds of the votes entitled to be cast by
members present or represented by proxy at such meeting; or
(B) A statement that such resolution was adopted by a consent in writing
signed by all members entitled to vote with respect thereto;
(3) Where there are no members, or no members having voting
rights, a statement of such fact, the date of the meeting of the board of
directors at which the resolution to dissolve was adopted and a statement
of the fact that such resolution received the vote of a majority of the
directors in office;
(4) That all debts, liabilities, and obligations of the corporation
have been paid and discharged or that adequate provision has been made
(5) That all the remaining property and assets of the
corporation have been transferred, conveyed, or distributed in accordance
with the provisions of this chapter; and
(6) That there are no suits pending against the corporation in any
court, or that adequate provision has been made for the satisfaction of
any judgment, order, or decree which may be entered against it in any
22. Procedure for Filing - D.C. Code §29 -553 (1994 Repl.)
23. Dissolution - Distribution of Assets; Deposits and Registry of Court -
D .C. Code §29 563 (1994 Repl.)
(a) Duplicate originals of such articles of dissolution shall be
delivered to the Mayor.
(b) If the Mayor finds that such articles of dissolution conform to law,
he shall, when all fees and charges have been paid as in this chapter
(1) Endorse on each of such duplicate originals the word
"Filed," and the month, day, and year of the filing thereof;
(2) File 1 of such duplicate originals in his office;
(3) Issue a certificate of dissolution to which he shall affix
the other duplicate original; and
(4) Deliver the certificate of dissolution, together with the
duplicate original of the articles of dissolution affixed thereto, to the
representative of the dissolved corporation.
(c) Upon the issuance of such certificate of dissolution the existence
of the corporation shall cease, except for the purpose of suits, other
proceedings, and appropriate corporate action by members, directors, and
officers as provided in this chapter.
Upon the voluntary or involuntary dissolution of a corporation, the
portion of the assets distributable to any person who is unknown cannot be
found, or who is under disability and there is no person legally competent
to receive such distributive portion, shall be reduced to cash and
deposited in the registry of the court and shall be paid over to such
person or to his legal representative upon proof satisfactory to the court
of his right thereto. If any portion thereof remain in the registry after
10 years from the date of deposit, it shall escheat to the District of
Columbia and shall be paid into the Treasury of the United States for the
credit of the said District.
24. Two Year Report of Domestic and Foreign Corporations - Contents - D
.C. Code §29 584 (1994 Repl. & Supp. 1999)
(a) Each domestic corporation incorporated before January 1, 1998, and each foreign corporation authorized to conduct affairs in the District
before January 1, 1998, shall prepare and submit on or before
January15, 1998, and on or before January 15th of each second year
thereafter a report setting forth:
(1) The name of the corporation and the state or country under the laws
of which it is incorporated;
(2) The address, including street and number, if any, of its registered
office in the District, and the name of its registered agent at such
address, and, in the case of a foreign corporation, the address, including
street and number, if any, of its principal office in the state or country
under the laws of which it is incorporated;
(3) A brief statement of the character of the affairs which the
corporation is actually conducting, or, in the case of a foreign
corporation, which the corporation is actually conducting in the District;
(4) The names and respective addresses, including street and number, if
any, of the directors and officers of the corporation,
(a-1) Each domestic corporation incorporated after December 31, 1997,
and each foreign corporation authorized to conduct affairs in the District
after December 31, 1997, shall prepare and submit on or before January
15th of the year after its incorporation or the year after such
authorization, as the case may be, as well as on or before January 15th of
each second year thereafter, a report setting forth the information
specified in subsection (a) of this section.
(b) The 2-year report shall be made on forms prescribed and furnished by
the Mayor, and the information therein contained shall be given as of the
date of the execution of the report. It shall be executed by the
corporation by its president, a vice-president, secretary, an assistant
secretary, treasurer, or assistant treasurer, or, if the corporation is in
the hands of a receiver or trustee, it shall be executed on behalf of the
corporation by such receiver or trustee.
25. Foreign and Domestic Corporation Procedure for Filing - D.C. Code §29-585
(1994 Repl. & Supp. 1999)
26. Corporation's Effect of Failure to Pay - D.C. Code §29-586 (1994 Repl.)
The report of a domestic or foreign corporation shall be delivered to
the Mayor on or before the 15th day of January in the year in which it is
due, in accordance with §29-584. Proof to the satisfaction of the Mayor
that prior to the 15th day of January such report was deposited in the
United States mail in a sealed envelope, properly addressed, with postage
prepaid, shall be deemed a compliance with this requirement. If the Mayor
finds that such report conforms to law, he shall file the same. If he
finds that it does not so conform, he shall promptly return the same to
the corporation for any necessary corrections, in which event the
penalties hereinafter prescribed for failure to file such report within
the time hereinabove provided shall not apply, if such report is corrected
to conform to the requirements of this chapter and returned to the Mayor
in sufficient time to be filed prior to the 1st day of July of the year in
which it is due.
27. Proclamation of Revocation; Effect of Publication - D.C. Code §29-587
(1994 Repl. & Supp. 1999)
If any corporation incorporated under this chapter, or any corporation
which has elected to accept this chapter, or any foreign corporation
having a certificate of authority issued under this chapter, shall fail or
refuse to pay any annual report fee or fees payable under this chapter, or
fail or refuse to file any annual report as required by this chapter, then
in the case of a domestic corporation, the articles of incorporation shall
be void and all powers conferred upon such corporation are declared
inoperative, and, in the case of a foreign corporation, the certificate of
authority shall be revoked and all powers conferred thereunder shall be
28. Reinstatement; Corporate Name - D.C. Code §29-591 (1994 Repl. &
(a) On the second Monday in September of each year, the Mayor shall
issue a proclamation listing the names of all domestic corporations and
all foreign corporations which have failed or refused to pay the 2-year
report fee or fees or failed or refused to file the 2-year report as
required by this chapter for a reporting period next preceding June 30th
in the year in which such proclamation is issued and upon the issuance of
such proclamation the articles of incorporation or the certificate of
authority, as the case may be, shall be void and all powers thereunder
inoperative without further proceedings of any kind.
(b) The proclamation of the Mayor shall be filed in his office and
shall be published once during the month of September in each of 2 general
circulation newspapers, published in the District, once every 2 weeks or
(c) Upon publication of the proclamation of revocation as provided in this
chapter each domestic corporation listed in such proclamation shall be
deemed to have been dissolved without further legal proceedings and each
such corporation shall cease to carry on its business and shall, after
paying or adequately providing for the payment of all of its obligations,
distribute the remainder of its assets, as in this chapter provided with
respect to dissolved corporations.
(d) All domestic corporations the articles of incorporation of which
are revoked by proclamation or the term of existence of which expires by
limitation set forth in its articles of incorporation shall nevertheless
be continued for the term of 3 years from the date of such revocation or
expiration bodies corporate for the purpose of prosecuting and defending
suits by or against them, and of enabling them to pay, satisfy, and
discharge their liabilities and obligations and, after paying or
adequately providing for the payment of all its obligations, to distribute
the remainder of their assets, as in this chapter provided with respect to
dissolved corporations, but not for the purpose of continuing to conduct
the affairs for which such corporation shall have been organized;
provided, however, that with respect to any action, suit, or proceeding
begun or commenced by or against a corporation prior to such revocation or
expiration and with respect to any action, suit, or proceeding begun or
commenced by or against such corporation within 3 years after the date of
such revocation or expiration, such corporation shall only for the purpose
of such actions, suits, or proceedings so begun or commenced be continued
a body corporate beyond said 3-year period and until any judgments,
orders, or decrees therein shall be fully executed.
(a) A domestic corporation, the articles of incorporation of which have
been revoked, may at any time after the date of the issuance of the
proclamation of revocation deliver to the Mayor a petition for
reinstatement, in duplicate, accompanied by the delinquent report or reports, or payment of
delinquent report fee or fees in full, or both, as the case may be, plus
interest thereon as provided by this chapter, together with any penalties
imposed by this chapter. The Mayor, if he finds that all such documents
conform to law, and that the period for reservation of the name has not
expired, or if such period has expired, that the name is available for
corporate use pursuant to the provisions of this chapter, shall file them
in his office and shall issue their certificate of reinstatement which
shall have the effect of annulling the revocation proceedings theretofore
taken as to such corporation and such corporation shall have such powers,
rights, duties, and obligations as it had at the time of the issuance of
the proclamation with the same force and effect as to such corporation as
if the proclamation had not been issued.
(b) If the petition for reinstatement of a proclaimed corporation is
delivered to the Mayor after the period for reservation of the name has
expired and if he finds that the name is not available for corporate use
pursuant to the provisions of this chapter, then, in addition to complying
with the provisions of the preceding subsection the proclaimed corporation
shall set forth in its petition for reinstatement its name at the time its
articles of incorporation were proclaimed void and the new name by which
the corporation will thereafter be known, which shall be a name available
for corporate use pursuant to the provisions of this chapter.
(c) A foreign corporation whose certificate of authority has been
revoked shall, upon reentering the District, comply with all of the
requirements of law applicable to an original application for a
certificate of authority, including the payment of the filing fee for
filing an application for a certificate of authority, but it need not file
again a copy of its articles of incorporation or any amendment thereof
that is then on file with the Mayor. After the revocation of the
certificate of authority of a foreign corporation, the Mayor shall retain
the articles of incorporation and amendments theretofore filed and the
original application for a certificate of authority for a period of 10
29. Penalties for Failure to File 2-Year Report- D.C. Code §29-592
(1994 Repl. & Supp. 1999)
Each corporation, domestic, or foreign, that fails or refuses to file
its 2-year report within the time prescribed by this act shall be subject
to a penalty of $30 to be assessed by the Mayor.
30. Fees for Filing Documents and Issuing Certificates - D.C. Code §29-593
(1994 Repl. & Supp. 1999)
(a) The Mayor shall charge and collect for:
(1) Filing articles of incorporation and issuing a certificate of
(2) Filing articles of amendment and issuing a certificate of amendment,
(5) Filing articles of dissolution, $20;
(9) Filing an application of a foreign corporation for a certificate of
authority to conduct affairs in the District and issuing a certificate of
(11) Filing a copy of an amendment to the articles of incorporation of
a foreign corporation holding a certificate of authority to conduct
affairs in the District, $25;
(15) Filing any other statement or report, excluding a 2-year report, of a
domestic or foreign corporation, $20;
(19) Filing a 2-year report of a domestic or foreign corporation, $50.
(20) Furnishing a certificate of good standing, $10.
(b) The Council of the District of Columbia is authorized to make
regulations providing for reasonable fees for other services not listed in
31. Applicability of Federal Anti-Deficiency Provisions to the District
- D.C. Code §47-105 (1997 Repl.)
The provisions of §§1341, 1342, and 1349 to 1351 and subchapter Il of
Chapter 15 of Title 31, United States Code, are hereby extended and made
applicable in all respects to appropriations made for and expenditures of
and to all of the officers and employees of the government of the District
32. Deposit of District Funds into Government Accounts - D.C. Code §47-130
(1997 Repl. & Supp. 1999)
All money received by any agency, officer, or employee of the District
in its or his official capacity shall belong to the District government
and shall be paid promptly to the Mayor for deposit in the appropriate
fund . . . .
33. Definition of "District Government" - D .C. Code §47
-393(5) (1997 Repl. & Supp. Repl.)
(5) The term "District government" means the government of the
District of Columbia, including any department, agency or instrumentality
of the government of the District of Columbia; any independent agency of
the District of Columbia established under part F of title IV of the
District of Columbia Self-Government and Governmental Reorganization Act
or any other agency, board, or commission established by the Mayor or the
Council; the Council of the District of Columbia; and any other agency,
public authority, or public benefit corporation which has the authority to
receive monies directly or indirectly from the District of Columbia (other
than monies received from the sale of goods, the provision of services, or
the loaning of funds to the District of Columbia), except that such term
does not include the Authority.
34. Campaign Finance Amendment Act of 2001 - October 13, 2001, D.C. Law
14-36, §651, 48 DCR 7111
To amend the District of Columbia Campaign Finance Reform and Conflict
of Interest Act of 1974 to prohibit the use of District of Columbia
government resources, including budget authority, personal services, and
nonpersonal services to encourage the support of, or opposition to any
candidate, initiative, referendum, or recall measure.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
may be cited as the "Campaign Finance Amendment Act of 2001".
Sec. 2. The District of Columbia Campaign Finance Reform and Conflict
of Interest Act of 1974, approved August 14, 1974 (88 Stat. 447; D.C.
Official Code §1-1101.01 et seq.), is amended by adding a new title VI-A
to read as follows:
"Title VI-A--USE OF GOVERNMENT RESOURCES FOR CAMPAIGN RELATED
"Sec. 651. Prohibition on the use of District government resources
for campaign related activities.
"(a) No resources of the District of Columbia government,
including, the expenditure of funds, the personal services of employees
during their hours of work, and nonpersonal services, including supplies,
materials, equipment, office space, facilities, telephones and other
utilities, shall be used to support or oppose any candidate for elected
office, whether partisan or nonpartisan, or to support or oppose any
initiative, referendum, or recall measure, including a charter amendment
referendum conducted in accordance with section 303 of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C.
Official Code §1 -203.03).
"(b)(1) This title shall not prohibit the Mayor, the Chairman and
members of the Council, or the President and members of the Board of
Education from expressing their views on a District of Columbia election
as part of their official duties.
"(2) This subsection shall not be construed to authorize any
member of the staff of the Mayor, the Chairman and members of the Council,
or the President and members of the Board of Education, or any other
employee of the executive or legislative branch to engage in any activity
to support or oppose any candidate for elected office, whether partisan or
nonpartisan, an initiative, referendum, or recall measure during their
hours of work, or the use of any nonpersonal services including supplies,
materials, equipment, office space, facilities, telephones and other
utilities to support or oppose an initiative, referendum, or recall
District of Columbia Municipal Regulations (DCMR)
1. Definition of "Citizen-Service Program" - 3 DCMR §3014.1
A citizen-service program shall encompass any activity or program which
provides services to the residents of the District of Columbia; and
promotes their general welfare, including, but not limited to, charitable,
scientific, educational, medical or recreational purposes.
2. Funding of Citizen-Service Program - 3 DCMR §3014.5
3. Proof for Exemptions of Religious and Educational Solicitations - 16
An elected official shall fund the citizen-service program only through
the following methods:
(a) By transferring any surplus, residue, or unexpended campaign funds
to the citizen-service program;
(b) By receiving contributions which do not exceed, in the aggregate,
forty thousand dollars ($40,000) in any one (1) calendar year;
(c) By receiving cash contributions from any person which, when
aggregated with all other contributions received from the the same person,
do not exceed four hundred dollars ($400), in any one (1) calendar year;
(d) By receiving personally from any person which, when aggregated with
all other contributions received from the same person, do not exceed one
thousand dollars ($1,000), in any one (1) calendar year.
(a) A photostat or certified true copy of a ruling letter issued by the
Internal Revenue Service of the United States Treasury Department holding
the person claiming exemption under §4(b) of the Act to be exempt under §501
of the Internal Revenue Code of 1954; and
(b) An affidavit stating that the exemption under §501 of the Internal
Revenue Code of 1954 is in force and effect on the date of the submission
of proof under this section.
4. General Provisions of Sole Source and Emergency Procurements - 27
DCMR §1700 .2
In each instance where the sole source or emergency procurement
procedures set forth in this chapter are used, the contracting officer
shall do the following:
(a) Prepare a written determination and findings ("D&F")
justifying the procurement which specifically demonstrates that
procurement by competitive sealed bids or competitive sealed proposals is
not required by the provisions of the Act or this title; and
(b) Ensure that all of the steps required under this chapter for the
justification, documentation, and approval of the procurement are
completed before the contract is awarded.
5. Single Available Source - 27 DCMR §1702 .1
The contracting officer may award a contract by using the noncompetitive
negotiation procedures set forth in §1706 upon making a determination and
findings that there is only one (1) available source for a supply,
service, or construction.
6. Sole Source Determinations and Findings - 27 DCMR §1705
7. Use of Small Purchase Procedures 27 DCMR § 1800.6 -
When a sole source procurement is proposed, the contracting officer
shall prepare a written determination and findings ("D&F")
that sets forth the justification for the sole source procurement. If the
procurement is in excess of twenty-five thousand dollars ($ 25,000), the
D&F shall be approved by the Director in accordance with §1010.2(a)
of chapter 10 of this title.
Each sole source D&F shall include the following:
(a) Identification of the agency and specific identification of the
document as a sole source D&F;
(b) The nature or description of the proposed procurement;
(c) A description of the requirement, including the estimated value or
(d) A specific citation to the applicable provisions of § 305(a) of
the Act and this chapter that provide legal authority for the sole
(e) An explanation of the unique nature of the procurement or other
factors that qualify the requirement for sole source procurement;
(f) An explanation of the proposed contractor's unique qualifications
or other factors that qualify the proposed contractor as a sole source
for the procurement;
(g) A determination that the anticipated costs to the District will
be fair and reasonable;
(h) A description of the market survey conducted and the results, or
a statement of the reasons why a market survey was not conducted, and a
list of the potential sources contacted by the contracting officer or
which expressed, in writing, an interest in the procurement; and
(i) Any other pertinent facts or reasons supporting the use of a sole
A procurement requirement shall not be parceled, split, divided, or
purchased over a period of time in order to avoid the dollar limitations
for use of small purchase procedures.
8. Expert and Consulting Services 27 DCMR § 1901.2 -
a contracting officer shall not contract for expert or consulting
services for any of the following purposes:
(a) To perform work of a policy-making, decision-making, or managerial
nature that is the direct responsibility of agency officials;
(b) To bypass or undermine personnel ceilings, pay limitations, or
competitive employment procedures; or
(c) To specifically aid in influencing or enacting legislation in the
Council of the District of Columbia.
District Personnel Manual (DPM)
1. Definitions of Hours of Work, Legal Holidays, Leave - DPM Chapter
12, Subpart 1.3
Administrative Leave means an excused absence from duty without loss of
pay and without charge to leave.
2. District Employee's Maintenance of Ethical Conduct - DPM §1800.1
3. District Employee's Maintenance of High Standards of Conduct - DPM §1800.2
Employees of the District government shall at all times maintain a high
level of ethical conduct in connection with the performance of official
duties, and shall refrain from taking, ordering, or participating in any
official action which would adversely affect the confidence of the public in the integrity of the District government.
The maintenance of unusually high standards of honesty, integrity,
impartiality, and conduct by employees is essential to assure the proper
performance of government business and the maintenance of confidence by
citizens in their government.
4. Jurisdiction for Enforcement of Standards of Conduct for Mayor - DPM
The provisions of this chapter shall apply to all District employees.
In accordance with D.C. Code §1-619.3(e) (1981), enforcement of this
chapter shall . . . be the responsibility of each agency head, except that
enforcement for the following persons shall be the responsibility of the
D.C. Board of Elections and Ethics:
(a) The Mayor . . . .
5. Responsibilities of District Employees - DPM §1803.1 (a), (e), and
An employee shall avoid action, whether or not specifically prohibited
by this chapter, which might result in, or create the appearance of, the
(a) Using public office for private gain;
(e) Making a government decision outside official channels; or
(f) Affecting adversely the confidence of the public in the integrity
6. Prohibited Source Gift Acceptance Ban - DPM §1803.2
(A) District employee shall not solicit or accept, either directly or
through the intercession of others, any gift, gratuity, favor, loan,
entertainment, or other like thing of value from a person who singularly
or in concert with others:
(a) Has, or is seeking to obtain, contractual business or financial
relations with the D.C. government;
(b) Conducts operations or activities that are subject to regulation by
the D.C. government; or
(c) Has an interest that may be favorably affected by the performance
or non-performance of the employee's official responsibilities.
7. Responsibilities of Employees - DPM §1803.10
8. Prohibited Outside Employment or Activities - DPM §§1804.1 (b), (c),
(d), (e), and (i)
An employee shall not interfere with or obstruct an investigation by a
An employee may not engage in any outside employment or other activity
which is not compatible with the full and proper discharge of his or her
duties and responsibilities as a government employee. Activities or
actions which are not compatible with government employment include, but
are not limited to, the following:
(b) Using government time and resources for other than official
(c) Ordering, directing, or requesting subordinate officers or
employees to perform during regular working hours any personal services
not related to official D.C. government functions and activities;
(d) Maintaining financial or economic interest in or serving (with or
without compensation) as an officer or director of an outside entity if
there is any likelihood that such entity might be involved in an official
government action or decision taken or recommended by the employee;
(e) Engaging in any outside employment, private business activity or
interest which permits an employee, or others, to capitalize on his or her official position. . . .
(i) Engaging in any outside employment, private business activity, or
other interest which is in violation of federal or District law.
9. Financial Interest - DPM §1805.2
10. Government Property - DPM §1806.1
No District employee . . . may acquire an interest in or operate any
business or commercial enterprise which is in any way related, directly or
indirectly, to the employee's official duties, or which might otherwise be
involved in an official action taken or recommended by the employee, or
which is in any way related to matters over which the employee could wield
any influence, official, or otherwise.
11. Ethics Counselors - DPM §1811.2
A District employee shall not use or permit the use of government
property, equipment, or material of any kind... for other than officially
12. Ethics Counselors - DPM §1811.3
The head of each agency of the D.C. government shall appoint or
designate an employee to serve as the agency ethics counselor.
13. Reporting of Financial Interests - DPM §1813.1
Agency ethics counselors shall undertake and satisfactorily complete
such training programs as prescribed by the D.C. Ethics Counselor.
14. Reporting of Financial Interests - DPM §1813.2 -
No employee of the District government shall engage in outside
employment or private business activity or have any direct or indirect
financial interest that conflicts or would appear to conflict with the
fair, impartial, and objective performance of officially assigned duties
Each agency head shall identify employees performing policy-making,
contracting, or purchasing functions, or functions in which meaningful
decisions are made respecting private organizations. These employees shall
submit annual and supplementary statements of employment and financial
interests as required by this section.
15. Reporting of Financial Interest - DPM §1813.3
Each agency head shall designate employees required to submit a
Confidential Statement of Employment and Financial Interests.
Opinions/Orders/Memoranda (attached) [not available online]
1. Mayor's Mem. 91-11, "Restrictions on Accepting Donations from
Private Sources and Using Them for Government Activities;" March 5,
2. OCC Opinion AL-O1-001, January 4, 2001.
3. OCC Opinion AL-01-062, January 26, 2001.
4. OCF Interpretive Opinion 01-02 to Mark Jones, February 2, 2001.
5. OCF Order, "In the Matter of Mark Jones, Deputy Chief of Staff,
Office of the Mayor, Docket No.: PI 2001-101, November 7, 2001.
6. Mayor's Mem. 2002-1, Rules of Conduct Governing Donations to the
District Government," January 8, 2002.
7. Mayor's Order 2002 -2 (Rev.), "Establishment - Office of
Partnerships and Grants Development; Recission of Mayor's Order
Establishing Office of Partnerships and Resource Development,"
January 11, 2002
to IG’s main page — Back to previous section of