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BEFORE THE OFFICE OF CAMPAIGN FINANCE
ORDERStatement of the CaseThis matter came before the Office of Campaign Finance (hereinafter OCF) pursuant to a referral from the Office of the Inspector General for the District of Columbia (hereinafter OIG) in a published report entitled "Report of Investigation of the Fundraising Activities of the Executive Office of the Mayor (EOM)" (hereinafter Report) (Control Number 2001-0188 (S)). In the Report, the OIG has alleged that certain current and former employees engaged in behavior that violated provisions of the District of Columbia Personnel Manual Standards Of Conduct. In the instant case, the Inspector General has alleged that Lisa Marie Morgan (hereinafter respondent) engaged in private or personal business activity on government time and with the use of government resources on behalf of the private, non-profit Millennium Washington Capitol Bicentennial Corporation (hereinafter MWCBC) in violation of §§1800.1, 1803.1(f), 1803.2(a), 1804.1 (b) and 1806.1 of the District Personnel Manual (hereinafter DPM).1 Upon OCF's evaluation of the material amassed in this inquiry, it was decided that the parameters of this inquiry extended solely to the DPM employee conduct regulations. There was not any credible evidence that the respondent committed any violations of the District of Columbia Campaign Finance Reform and Conflict of Interest Act of 1974 (the Act), as amended, D.C. Official Code §§1-1101.01 et seq. (2001 Edition). Any alleged violation of the Act by the respondent would be predicated upon the premises that respondent realized personal gain through official conduct, engaged in any activity subject to the reporting requirements and contribution limitations of the Act, or used District government resources for campaign related activities.2 See D.C. Official Code §1-1106.01. Additionally, fines maybe assessed for any violation of the Act. OCF's review did not reveal any such activity. Accordingly, where a violation of the DPM employee conduct regulations has occurred, OCF is limited with respect to any action which otherwise may be ordered. Inasmuch as the DPM consists of personnel regulations, fines cannot be assessed. The Director may only recommend disciplinary action to the person responsible for enforcing the provisions of the employee conduct rules against the respondent. By letter dated June 7, 2002, OCF requested the respondent to appear at a scheduled hearing on June 14, 2002. The purpose of the hearing was to show cause why the respondent should not be found in violation of the Standards of Conduct, which the respondent was alleged to have violated in the OIG Report. On June 11, 2002, by letter, the respondent requested an extension for said hearing date, which was approved, and on June 26, 2002, OCF issued a letter rescheduling the hearing for July 9, 2002. Summary of EvidenceThe OIG has alleged that the respondent violated the above referenced provisions of the DPM as a result of her participation in MWCBC affairs. Consequently, the OIG has alleged that the respondent engaged in activity which was not compatible with the full and proper discharge of her responsibilities as a government employee. The OIG relies exclusively upon its Report, which is incorporated herein in its entirety. On July 9, 2002 the respondent appeared pro se before OCF at a scheduled hearing, conducted by William O. SanFord, Esq., Senior Staff Attorney. Wesley Williams, OCF Investigator, was also present. Synopsis of ProceedingsThe respondent is currently employed as the Director of Customer Service Operations with the Office of the City Administrator. She has occupied this position for approximately 2 years. Prior thereto, she was employed as the EOM Deputy Chief of Staff for Operations. She has been employed with the District of Columbia Government since March of 1999. The respondent testified that she is familiar with the Standards of Conduct as cited in the DPM. She further testified that she had read and understood the allegations against her in the Report. The respondent was informed that the Inspector General has alleged that she used government resources for other than official business or government approved or sponsored activity in violation of the Standards of Conduct of the DPM, when she utilized government resources to conduct business on behalf of MWCBC during regular duty hours. Additionally, it was pointed out to her that the OIG alleged that the respondent was among several government employees who were authorized to sign checks issued on a MWCBC bank account.The respondent conceded that she did perform work on behalf of MWCBC but emphatically denied soliciting funds or awarding contracts on behalf of the entity. She testified that she became involved with MWCBC after her then supervisor, former Chief of Staff, Dr. Abdusalam Omer (hereinafter Omer), approached her and asked her to briefly manage a MWCBC account after former Deputy Chief of Staff Henry "Sandy" McCall (hereinafter McCall) left the District government in March of 2000. Respondent stated that after she received her assignment from Omer, she approached Elizabeth Berke-Valencia (hereinafter Berke-Valencia). Respondent stated that both she and Berke-Valencia did what they were asked to do even though she felt uncomfortable performing duties that were outside her scope of technical responsibilities. Respondent emphasized the fact that she did not initiate any of the activity independently but pursuant to instructions from her superiors. She further stated that she assumed that the activity was appropriate because it was common knowledge in the environment that MWCBC was operating out of the government's offices. She emphatically denied participating in any fundraising activity on behalf of MWCBC or any private entity while employed by the District government. Findings of Fact
Conclusions of Law
RecommendationI hereby recommend that the Director advise the City Administrator to admonish Lisa Marie Morgan for her prohibitive conduct. Subsequent to this employee's misconduct, the Office of the Mayor has taken appropriate measures, by appointing an Ethics Counselor and conducting extensive workshops, to apprise and re-apprise his staff of the, provisions and prohibitions of the Standards of Conduct. Therefore, I further recommend that the Director advise the City Administrator to require Lisa Marie Morgan to participate in scheduled ethics meetings and workshops to become closely familiar the provisions and prohibitions of the Standards of Conduct. 10/29/02 Kathy S. Williams ORDER OF THE DIRECTORIT IS ORDERED that the City Administrator be advised to admonish Lisa Marie Morgan for her prohibitive conduct. Subsequent to this employee's misconduct, the Office of the Mayor has taken appropriate measures, by appointing an Ethics Counselor and conducting extensive workshops, to apprise and re-apprise his staff of the provisions and prohibitions of the Standards of Conduct.IT IS FURTHER ORDERED that the City Administrator be advised to require Lisa Marie Morgan to participate in scheduled ethics meetings and workshops to become closely familiar the provisions and prohibitions of the Standards of Conduct This Order may be appealed to the Board of Elections and Ethics within 15 days from issuance. 10/29/02 Cecily E. Collier-Montgomery Parties Served:Lisa Marie Morgan Inspector General Office of the Inspector General 717 14th Street N.W., 5th Floor Washington, D.C. 20005 SERVICE OF ORDERThis is to certify that I have served a true copy of the foregoing Order.S. Wesley Williams NOTICEPursuant to 3 DCMR § 3711.5 (1999), any fine imposed by the Director shall become effective on the 16' day following the issuance of a decision and order, if the respondent does not request an appeal of this matter. If applicable, within 10 days of the effective date of this Order, please make a check or money order payable to the D.C. Treasurer, c/o Office of Campaign Finance, Suite 420, 2000 14" Street, N.W., Washington, D.C. 20009._______________ 1. DPM § 1800.1 reads as follows:
DPM § 1803.1 (f) reads as follows:
DPM § 1803.2(A) reads as follows: DPM § 1804.1(b) reads as follows:
DPM § 1806.1 reads as follows:
2. D.C. Law 14-36, "Campaign Finance Amendment Act of 2001," effective October 13, 2001, prohibits the use of District government resources for campaign related activities. |
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