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BEFORE TIE 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) (OIG Control Number 2001-0188 (S)). In the Report, the Inspector General has alleged that Mark Jones (hereinafter Jones), former Deputy Chief of Staff in the Executive Office of the Mayor (hereinafter EOM), engaged in prohibited activity that violated provisions of the District of Columbia Personnel Manual Standards Of Conduct. Specifically, the OIG has alleged that the respondent was engaged in private or personal business activity on government time and with the use of government resources of behalf of two (2) non-profit organizations: Church Association for Community Service (hereinafter CACS), and For the Kids Foundation, Inc. (hereinafter FTKF).1 Overall, the respondent is alleged to have violated § § 1800.1, 1803.1(f), 1803.2(A), and 1804.1(b) and (i) of the District Personnel Manual (hereinafter DPM).2 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.3 See D.C. Official Code §11106.01. 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 August 15, 2002, OCF requested the appearance of the respondent at a scheduled hearing on August 23, 2002. By letter dated August 16, 2002, OCF submitted an amended notice of hearing to the respondent. 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. Also, on August 16, 2002, OCF issued a subpoena to respondent ordering him to appear before OCF on September 6, 2002, and produce any documentation indicating that Mayor Anthony A. Williams and Dr. Abdusalam Omer were aware of the details of the activities discussed in the OIG Report. By letter dated August 20, 2002, the respondent's counsel requested an extension for said hearing date which was approved. On September 12, 2002, OCF received the respondent's reply in which respondent asserted his 5th Amendment rights. Summary of EvidenceThe OIG has alleged that the respondent violated the above referenced provisions of the DPM as a result of his participation in alleged fundraising activities for CACS and FTKF; and, that consequently the respondent engaged in activities which were not compatible with the full and proper discharge of his responsibilities as a government official and created the appearance of impropriety. The OIG relies exclusively upon its Report, which is incorporated herein in its entirety. Findings of FactHaving reviewed the allegation and the record herein, I find:
Conclusions of Law
RecommendationHad Mark Jones remained an employee, it would have been my recommendation that the Director advise the Mayor of the District of Columbia to take disciplinary action against Mark Jones based upon his violations of the Standards of Conduct to include a change in his assigned duties, corrective or adverse action, his disqualification for a particular assignment, pursuant to DPM § 1801.2, or his removal from District government service. It should be noted that prior to the issuance of the Report, the Mayor appointed an EOM Ethics Counselor and scheduled meetings and workshops to inform and clarify each staff member as to the provisions and prohibitions of the Standards of Conduct. Because Mark Jones is no longer a District government employee, and, because the Mayor of the District of Columbia has taken steps to definitively and thoroughly inform each staff member as to provisions and prohibitions of the Standards of Conduct, I hereby recommend that the Director advise the Mayor to be always cognizant of this responsibility. 10/29/02 General Counsel ORDER OF THE DIRECTORThe circumstances surrounding the instant misconduct involved an employee who believed that his conduct was within the parameters of his job description. But, Mark Jones is no longer a District government employee, and, the Mayor has taken appropriate measures, by appointing an EOM Ethics Counselor and conducting extensive workshops, to apprise and re-apprise his staff of the provisions and prohibitions of the Standards of Conduct. Thus, the Mayor has taken appropriate measures to ensure the integrity of government. I advise the Mayor to remain ever vigilant in this regard.This Order may be appealed to the Board of Elections and Ethics within 15 days from issuance. 10/29/02 Cecily E. Collier-Montgomery David W. Wilmot, Esq. Mark A. Jones 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 16th 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 14th' Street, NW, Washington, D.C. 20009._______________ 1. The OIG alleged other violations that OCF previously addressed in In the Matter of Mark Jones, OCF Docket No. PI 2001-1001 (November 7, 2001). 2. 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:
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