Logosm.gif (1927 bytes)
navlinks.gif (4688 bytes)
Hruler04.gif (5511 bytes)

Back to IGs main page Back to previous section of report

Office of the Inspector General
Report of Investigation of Fundraising Activities of the Executive Office of the Mayor
OIG No. 2001-0188(S)

March 28, 2002

Home

Bibliography

Calendar

Columns
Dorothy Brizill
Bonnie Cain
Jim Dougherty
Gary Imhoff
Phil Mendelson
Mark David Richards
Sandra Seegars

DCPSWatch

DCWatch Archives
Council Period 12
Council Period 13
Council Period 14

Election 1998
Election 2000
Election 2002

Elections
Election 2004
Election 2006

Government and People
ANC's
Anacostia Waterfront Corporation
Auditor
Boards and Com
BusRegRefCom
Campaign Finance
Chief Financial Officer
Chief Management Officer
City Council
Congress
Control Board
Corporation Counsel
Courts
DC2000
DC Agenda
Elections and Ethics
Fire Department
FOI Officers
Inspector General
Health
Housing and Community Dev.
Human Services
Legislation
Mayor's Office
Mental Health
Motor Vehicles
Neighborhood Action
National Capital Revitalization Corp.
Planning and Econ. Dev.
Planning, Office of
Police Department
Property Management
Public Advocate
Public Libraries
Public Schools
Public Service Commission
Public Works
Regional Mobility Panel
Sports and Entertainment Com.
Taxi Commission
Telephone Directory
University of DC
Water and Sewer Administration
Youth Rehabilitation Services
Zoning Commission

Issues in DC Politics

Budget issues
DC Flag
DC General, PBC
Gun issues
Health issues
Housing initiatives
Mayor’s mansion
Public Benefit Corporation
Regional Mobility
Reservation 13
Tax Rev Comm
Term limits repeal
Voting rights, statehood
Williams’s Fundraising Scandals

Links

Organizations
Appleseed Center
Cardozo Shaw Neigh.Assoc.
Committee of 100
Fed of Citizens Assocs
League of Women Voters
Parents United
Shaw Coalition

Photos

Search

What Is DCWatch?

themail archives

VII. STATUTES AND REGULATIONS INVOLVED

Federal Citations

1. Federal Gift Acceptance Authority - District of Columbia Appropriations Act, 2000, Pub. L. No. 106-113, 125, 113 Stat. 1501, 1516 (1999) -

(a) An entity of the District of Columbia government may accept and use a gift or donation during fiscal year 2000 if --

(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.
(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.

(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.

2. Federal Gift Acceptance Authority - District of Columbia Appropriations Act, 2001, Pub. L. No. 106-522, 118 Stat. 2440, 2460 (2000)

(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

(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 . . .

(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.
3. Federal Hatch Act 5 U.S.C.A. 7321-7326 (West 1996 & Supp. 1999) -

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 Nation.

7322 - Definitions

(1) "employee" means any individual, other than the President and the Vice President, employed or holding office in

***

(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 organization; and

(3) "political contribution"

(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 purpose.

7323 - Political Activity Authorized; Prohibitions

(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-

(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.

(b) An employee retains the right to vote as he chooses and to express his opinion on political subjects and candidates.

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.

4. Federal Criminal Prohibition for Acts Affecting a Personal Financial Interest - 18 U.S.C.A. 208(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.

5. Federal Criminal Prohibition for Salary Outside Official Salary - 18 U.S.C.A. 209(a) (West 2000)

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.

6. Charitable, etc. Contributions and Gifts - 26 U.S.C.A. 170(a)(1) (West 1988 & Supp. 1999)
(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) 

(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 office.

(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.

8. Federal Anti-Deficiency Act Limitations on Expending and Obligating Amounts - 31 U.S.C.A. 1341(a)(1) (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 . . .
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 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.

10. Fundraising Activities - 5 C.F.R. 2635.808(b) (2000)

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.

11. Criteria for Acceptance of Gifts, Bequests, etc.- 44 CFR 362.3 (2000)

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 compensation.

(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 Repl.) 

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) (1999 Repl.) 

(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.

3. Mayor's Authority to Expend Appropriated Funds - D.C. Code 1-356(a) (1999 Repl.) 

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 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.
5. Standards of Conduct - D.C. Code 1-619.1(a) (1999 Repl.) 
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.) 

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.

7. Claims by Contractor against District government - D.C. Code 1-1181.5(d) (i)-(2) (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 employee.
8. Mayor's Constituent Services Fund - D.C. Code 1-1443(a), (d), and (e) (1999 Repl.) 

(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.
9. Definition of "BID Corporation" - D.C. Code 1-2272(4) (1999 Repl.) 
"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) (1994 Repl.) 

(a) No person shall solicit in the District of Columbia unless he holds a valid certificate of registration authorizing such solicitation.

12. Sports Commission's Statutory Purposes - D.C. Code 2-4003 (1), and (5)-(6) (Supp. 1999) 

The Sports and Entertainment Commission is created as a corporate body and instrumentality of the District and is created for the purposes of: 

(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 District.

13. Sports Commission's Board Members Qualifications - D.C. Code 2- 4004(a) (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.

14. Sports Commission's Executive Director- D.C. Code 2-4005 (a)-(b) (Supp. 1999) 

(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 Commission

(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;

15. Sports Commission's Power to Operate Franchises - D.C. Code 2-4008 (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.

16. Sport's Commission's Creation of Fund, transfer of monies - D.C. Code 2-4009 (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.

17. Exemption of Sports Commission's Employees as Government Employees - D.C. Code 2-4017 (Supp. 1999) 

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.

18. Voluntary Dissolution - Distribution of Assets - D .C. Code 29-549 (1994 Repl.) 

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.

19. Voluntary Dissolution - Plan of Distribution - D.C. Code 29-550 (1994 Repl.) 

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 office.

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 meeting.

(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 Repl.) 

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 therefore;

(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 pending suit.

22. Procedure for Filing - D.C. Code 29 -553 (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 prescribed:

(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.

23. Dissolution - Distribution of Assets; Deposits and Registry of Court - D .C. Code 29 563 (1994 Repl.)

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; and

(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)

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.

26. Corporation's Effect of Failure to Pay - D.C. Code 29-586 (1994 Repl.) 

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 inoperative.

27. Proclamation of Revocation; Effect of Publication - D.C. Code 29-587 (1994 Repl. & Supp. 1999) 

(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 more frequently.

(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.

28. Reinstatement; Corporate Name - D.C. Code 29-591 (1994 Repl. & Supp. 1999)

(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 years.

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 incorporation, $30;

(2) Filing articles of amendment and issuing a certificate of amendment, $25;

(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 authority, $30;

(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 this section.

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 of Columbia.

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 ACTIVITIES.

"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 matter.".

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 

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; and

(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.

3. Proof for Exemptions of Religious and Educational Solicitations - 16 DCMR 1303.4 

(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 

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 cost;

(d) A specific citation to the applicable provisions of 305(a) of the Act and this chapter that provide legal authority for the sole source procurement;

(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 source procurement.

7. Use of Small Purchase Procedures 27 DCMR 1800.6 -

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 

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.

3. District Employee's Maintenance of High Standards of Conduct - DPM 1800.2 

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 1802.1 (a) 

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 (f) 

An employee shall avoid action, whether or not specifically prohibited by this chapter, which might result in, or create the appearance of, the following:

(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 of government.

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 

An employee shall not interfere with or obstruct an investigation by a District Agency.

8. Prohibited Outside Employment or Activities - DPM 1804.1 (b), (c), (d), (e), and (i) 

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 business;

(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 

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.

10. Government Property - DPM 1806.1 

A District employee shall not use or permit the use of government property, equipment, or material of any kind... for other than officially approved purposes.

11. Ethics Counselors - DPM 1811.2 

The head of each agency of the D.C. government shall appoint or designate an employee to serve as the agency ethics counselor.

12. Ethics Counselors - DPM 1811.3 

Agency ethics counselors shall undertake and satisfactorily complete such training programs as prescribed by the D.C. Ethics Counselor.

13. Reporting of Financial Interests - DPM 1813.1 

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 and responsibilities.

14. Reporting of Financial Interests - DPM 1813.2 -

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, 1991.

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

Back to IGs main page Back to previous section of report

Back to top of page


Send mail with questions or comments to webmaster@dcwatch.com
Web site copyright DCWatch (ISSN 1546-4296)